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Agriculture Reform, Food, and Jobs Act of 2013 - Repeals, but continues for crop year 2013: (1) direct payments, (2) countercyclical payments, and (3) the average crop revenue election program (ACRE). Establishes the agriculture risk coverage program through crop year 2018 for covered crops to make payments to producers for each planted crop when actual farm or county-wide crop revenue is below the agriculture risk coverage guarantee (89% of historical revenue). Requires producers to choose individual or county coverage. Authorizes: (1) nonrecourse marketing assistance loans, (2) loan deficiency payments, (3) payments in lieu of loan deficiency payments for grazed acreage, (4) programs for upland cotton and extra long staple cotton, (5) assistance for peanuts, (6) recourse loans for high moisture feed grains and seed cotton, and (7) programs for sugar and sugar beets. Establishes a dairy production margin protection program under which participating dairy operations are paid: (1) basic production margin protection program payments when production margins are less than threshold levels, and (2) supplemental production margin protection program payments if purchased by a participating dairy operation. Provides for a transition period under which the dairy production margin protection program and the milk income loss program shall both be in existence and producers may participate in either program. Establishes a dairy market stabilization program to assist in balancing the supply of milk with demand when participating dairy operations are experiencing low or negative operating margins. Terminates the production margin protection and stabilization programs on December 31, 2018. Repeals: (1) the dairy products price support program, (2) the milk income loss contract program, and (3) the dairy export incentive program. Extends: (1) the dairy indemnity program, (2) the dairy forward pricing program, and (3) the dairy promotion and research program. Provides assistance for livestock losses caused by: (1) adverse weather or attacks by federally reintroduced animals, including wolves; and (2) drought or fire. Provides assistance for orchardists and nursery tree growers for commercial losses caused by natural disasters. Suspends permanent price supports for covered commodities, cotton, sugar, and milk through 2018. Revises payment limitation provisions. Extends the conservation reserve program and the farmable wetland program through FY2018. Revises the conservation stewardship program. Extends the environmental quality incentives program through FY2018. Establishes the agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land. (Combines the purposes and coordinates the functions of the wetlands reserve program, the grassland reserve program, and the farmland protection program.) Extends through FY2018: (1) the conservation of private grazing land program, (2) the grass roots source water protection program, (3) the voluntary public access and habitat incentive program, and (4) the small watershed rehabilitation program. Establishes a terminal lakes assistance program (in lieu of the desert lakes program) for the purchase of eligible land impacted by flooded or terminal lakes and their associated watershed or riparian resources. Authorizes appropriations through FY2018 for: (1) the conservation reserve program, (2) the agricultural conservation easement program, (3) the conservation stewardship program, and (4) the environmental quality incentives program. Repeals: (1) the conservation enhancement program, (2) the emergency forestry conservation reserve program, (3) the wetlands reserve program, (3) the farmland protection program, (4) the grassland reserve program, (5) the agricultural water enhancement program, (6) the wildlife habitat incentive program, (7) the Great Lakes Basin program, (8) the Chesapeake Bay watershed program, (9) the cooperative conservation partnership initiative, and (10) the environmental easement program. Extends specified programs under the Food for Peace Act and the Agricultural Trade Act of 1978 through FY2018. Extends through FY2018: (1) the food for progress program, (2) the Bill Emerson humanitarian trust, and (3) the McGovern-Dole international food for education and child nutrition program. Establishes the Donald Payne Horn of Africa food resilience program. Extends the supplemental nutrition assistance program (SNAP, formerly food stamps) through FY2018. Revises provisions regarding participant eligibility, retail stores, and food assistance security. Extends through FY2018: (1) the food distribution program on Indian reservations, and (2) commodity purchases for emergency food assistance. Extends through FY2018: (1) the commodity distribution program, (2) the commodity supplemental food program, (3) distribution of surplus commodities to special nutrition projects, (4) purchases of fresh fruit and vegetables for schools and service institutions, and (5) the senior farmers' market nutrition program. Revises the hunger-free communities program. Establishes the healthy food financing initiative. Restructures agricultural credit program provisions under the Consolidated Farm and Rural Development Act. Extends through FY2018: (1) guarantee authority for rural electrification or telephone bonds and notes, and (2) expansion of 911 access. Extends the distance learning and telemedicine program through FY2018. Establishes a rural energy savings plan to provide consumer loans to implement energy efficiency measures. Extends the National Agricultural Research, Extension, Education, and Economics Advisory Board until September 30, 2018. Establishes a grant program to develop and sustain veterinary services. Authorizes appropriations for agricultural and food policy research centers. Extends through FY2018: (1) grants and fellowships for food and agricultural sciences education, (2) education grants to Native Alaska Native Hawaiian serving institutions, (3) the nutrition education program, (4) animal health and disease research programs, (5) grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, (6) grants for Hispanic-serving institutions, (7) grants for international agricultural science and education, and (8) assistance for extension, aquaculture, rangeland, and biosecurity programs. Authorizes appropriations through FY2018 for: (1) sustainable agriculture technology, (2) the genetics resource program, (3) the agricultural weather information system, (3) high priority and organic agriculture research, (4) farm business management, and (5) assistive technology for farmers with disabilities. Establishes a comprehensive food safety training network. Authorizes the prioritization of regional centers of excellence for specialized agricultural commodities. Authorizes appropriations through FY2018 for: (1) wheat disease research, (2) youth organizations, (3) specialty crop research, and (4) the Office of Pest Management Policy. Authorizes appropriations through FY2018 for activities under the Critical Agricultural Materials Act. Revises "1994 Institutions" (Equity in Educational Land-Grant Status Act of 1994) provisions. Establishes four regional integrated pest management centers. Authorizes appropriations through FY2018 for: (1) the Agricultural Biosecurity Communication Center and agricultural biosecurity grants and local capacity development, (2) activities under the National Aquaculture Act of 1990, (3) activities under the Renewable Resources Extension Act of 1978, and (4) the beginning farmer and rancher development program. Extends the grazing lands research laboratory through September 30, 2018. Revises budget submission and funding provisions under the Food, Conservation, and Energy Act of 2008. Authorizes appropriations through FY2018 for: (1) the natural products research program, and (2) the sun grant program. Establishes the Foundation for Food and Agriculture Research. Repeals: (1) the forest land enhancement program, (2) the watershed forestry assistance program, (3) the Hispanic-serving institution agricultural land leadership program, and (4) the tribal watershed forestry assistance program. Authorizes appropriations through FY2018 for: (1) the forest stewardship program, (2) the forest legacy program, (3) the community forest and open space conservation program, (4) urban and community forestry assistance, (5) rural revitalization technologies, (6) the Office of International Forestry, (7) insect infestation treatment areas, and (8) the healthy forests reserve program. Authorizes stewardship contracting projects with private persons or other public or private entities to perform land management services for national forests and public lands. Authorizes appropriations through FY2018 for: (1) the biobased marketing program, (2) the bioenergy program for advanced biofuels, (3) the biodiesel fuel education program, (4) the rural energy for America program, (5) biomass research and development, (6) the feedstock flexibility program for bioenergy producers, (7) the biomass crop assistance program, and (8) the community wood energy program. Repeals: (1) the forest biomass for energy program, and (2) the program encouraging biorefineries to replace fossil fuel operating systems with renewable biomass systems. Authorizes appropriations through FY2018 for: (1) the specialty crop market news program, (2) the farmers market and local food promotion program, (3) organic production and market initiatives, (4) national organic program upgrades, (5) food safety initiatives, and (6) specialty crop block grants. Repeals the specialty crop movement-to-market program. Establishes the national clean plant network for pathogen elimination services. Amends federal crop insurance provisions regarding: (1) a supplemental crop insurance coverage option; (2) catastrophic risk protection premiums; (3) enterprise units for irrigated and nonirrigated crops; (4) stacked income protection for upland cotton producers; (5) revenue crop insurance for peanuts; (6) administrative provisions; (7) research and development; (8) whole farm risk management insurance; (9) swine, poultry, and organic crop protection; (10) margin coverage for catfish; (11) a weather insurance pilot program; (12) beginning farmers and ranchers; (13) crop protection on native sod; and (15) income-based premium subsidy limits. Authorizes appropriations through FY2018 for outreach and assistance for socially disadvantaged or veteran farmers and ranchers. Establishes: (1) the wildlife reservoir zoonotic disease initiative, and (2) a program to improve the U.S. sheep industry. Authorizes appropriations through FY2018 for: (1) the national aquatic animal health plan, and (2) the trichinae certification program. Authorizes a feral swine eradication pilot program. Establishes the position of Military Veterans Agricultural Liaison. Authorizes appropriations through FY2018 for grants to improve agricultural labor force supply, stability, safety, and training. Prohibits an individual from attending, or causing a minor to attend, an animal fight.

113 S10 IS: Agriculture Reform, Food, and Jobs Act of 2013 U.S. Senate 2013-01-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 10 IN THE SENATE OF THE UNITED STATES January 22 (legislative day, January 3), 2013 Mr. Reid Ms. Stabenow Mr. Durbin Mr. Schumer Mr. Johnson of South Dakota Mr. Leahy Mr. Baucus Mr. Bennet Mr. Brown Mr. Tester Mr. Casey Mr. Harkin Mr. Schatz Ms. Heitkamp Ms. Klobuchar Mr. Coons Mr. Donnelly Mr. Levin Mr. Franken Committee on Agriculture, Nutrition, and Forestry A BILL To reauthorize agricultural programs through 2018. 1. Short title; table of contents (a) In general This Act may be cited as the Agriculture Reform, Food, and Jobs Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Commodity programs Subtitle A—Repeals and reforms Sec. 1101. Repeal of direct payments. Sec. 1102. Repeal of counter-cyclical payments. Sec. 1103. Repeal of average crop revenue election program. Sec. 1104. Definitions. Sec. 1105. Agriculture risk coverage. Sec. 1106. Producer agreement required as condition of provision of payments. Sec. 1107. Period of effectiveness. Sec. 1108. Adjusted gross income limitation for conservation programs. Subtitle B—Marketing assistance loans and loan deficiency payments Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities. Sec. 1202. Loan rates for nonrecourse marketing assistance loans. Sec. 1203. Term of loans. Sec. 1204. Repayment of loans. Sec. 1205. Loan deficiency payments. Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage. Sec. 1207. Special competitive provisions for extra long staple cotton. Sec. 1208. Availability of recourse loans for high moisture feed grains and seed cotton. Sec. 1209. Adjustments of loans. Subtitle C—Sugar Sec. 1301. Sugar program. Subtitle D—Dairy Part I—Dairy production margin protection and dairy market stabilization programs Sec. 1401. Definitions. Sec. 1402. Calculation of average feed cost and actual dairy production margins. SUBPART A—Dairy production margin protection program Sec. 1411. Establishment of dairy production margin protection program. Sec. 1412. Participation of dairy operations in production margin protection program. Sec. 1413. Production history of participating dairy operations. Sec. 1414. Basic production margin protection. Sec. 1415. Supplemental production margin protection. Sec. 1416. Effect of failure to pay administration fees or premiums. SUBPART B—Dairy market stabilization program Sec. 1431. Establishment of dairy market stabilization program. Sec. 1432. Threshold for implementation and reduction in dairy payments. Sec. 1433. Milk marketings information. Sec. 1434. Calculation and collection of reduced dairy operation payments. Sec. 1435. Remitting funds to the Secretary and use of funds. Sec. 1436. Suspension of reduced payment requirement. Sec. 1437. Enforcement. Sec. 1438. Audit requirements. Sec. 1439. Study; report. SUBPART C—Administration Sec. 1451. Duration. Sec. 1452. Administration and enforcement. Part II—Dairy market transparency Sec. 1461. Dairy product mandatory reporting. Sec. 1462. Federal milk marketing order information. Part III—Repeal or reauthorization of other dairy-Related provisions Sec. 1471. Repeal of dairy product price support and milk income loss contract programs. Sec. 1472. Repeal of dairy export incentive program. Sec. 1473. Extension of dairy forward pricing program. Sec. 1474. Extension of dairy indemnity program. Sec. 1475. Extension of dairy promotion and research program. Sec. 1476. Extension of Federal Milk Marketing Order Review Commission. Part IV—Federal milk marketing order reform Sec. 1481. Federal milk marketing orders. Part V—Effective date Sec. 1491. Effective date. Subtitle E—Supplemental agricultural disaster assistance programs Sec. 1501. Supplemental agricultural disaster assistance programs. Subtitle F—Administration Sec. 1601. Administration generally. Sec. 1602. Suspension of permanent price support authority. Sec. 1603. Payment limitations. Sec. 1604. Payments limited to active farmers. Sec. 1605. Adjusted gross income limitation. Sec. 1606. Geographically disadvantaged farmers and ranchers. Sec. 1607. Personal liability of producers for deficiencies. Sec. 1608. Prevention of deceased individuals receiving payments under farm commodity programs. Sec. 1609. Appeals. Sec. 1610. Technical corrections. Sec. 1611. Assignment of payments. Sec. 1612. Tracking of benefits. Sec. 1613. Signature authority. Sec. 1614. Implementation. TITLE II—Conservation Subtitle A—Conservation Reserve Program Sec. 2001. Extension and enrollment requirements of conservation reserve program. Sec. 2002. Farmable wetland program. Sec. 2003. Duties of owners and operators. Sec. 2004. Duties of the Secretary. Sec. 2005. Payments. Sec. 2006. Contract requirements. Sec. 2007. Conversion of land subject to contract to other conserving uses. Sec. 2008. Effective date. Subtitle B—Conservation Stewardship Program Sec. 2101. Conservation stewardship program. Subtitle C—Environmental Quality Incentives Program Sec. 2201. Purposes. Sec. 2202. Definitions. Sec. 2203. Establishment and administration. Sec. 2204. Evaluation of applications. Sec. 2205. Duties of producers. Sec. 2206. Limitation on payments. Sec. 2207. Conservation innovation grants and payments. Sec. 2208. Effective date. Subtitle D—Agricultural Conservation Easement Program Sec. 2301. Agricultural Conservation Easement Program. Subtitle E—Regional Conservation Partnership Program Sec. 2401. Regional Conservation Partnership Program. Subtitle F—Other Conservation Programs Sec. 2501. Conservation of private grazing land. Sec. 2502. Grassroots source water protection program. Sec. 2503. Voluntary public access and habitat incentive program. Sec. 2504. Agriculture conservation experienced services program. Sec. 2505. Small watershed rehabilitation program. Sec. 2506. Terminal lakes assistance. Subtitle G—Funding and administration Sec. 2601. Funding. Sec. 2602. Technical assistance. Sec. 2603. Regional equity. Sec. 2604. Reservation of funds to provide assistance to certain farmers or ranchers for conservation access. Sec. 2605. Annual report on program enrollments and assistance. Sec. 2606. Administrative requirements for conservation programs. Sec. 2607. Rulemaking authority. Sec. 2608. Standards for State technical committees. Sec. 2609. Highly erodible land and wetland conservation for crop insurance. Subtitle H—Repeal of superseded program authorities and transitional provisions Sec. 2701. Comprehensive conservation enhancement program. Sec. 2702. Emergency forestry conservation reserve program. Sec. 2703. Wetlands reserve program. Sec. 2704. Farmland protection program and farm viability program. Sec. 2705. Grassland reserve program. Sec. 2706. Agricultural water enhancement program. Sec. 2707. Wildlife habitat incentive program. Sec. 2708. Great Lakes basin program. Sec. 2709. Chesapeake Bay watershed program. Sec. 2710. Cooperative conservation partnership initiative. Sec. 2711. Environmental easement program. Sec. 2712. Technical amendments. TITLE III—Trade Subtitle A—Food for Peace Act Sec. 3001. Set-aside for support for organizations through which nonemergency assistance is provided. Sec. 3002. Food aid quality. Sec. 3003. Minimum levels of assistance. Sec. 3004. Reauthorization of Food Aid Consultative Group. Sec. 3005. Oversight, monitoring, and evaluation of Food for Peace Act programs. Sec. 3006. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods. Sec. 3007. Limitation on total volume of commodities monetized. Sec. 3008. Flexibility. Sec. 3009. Procurement, transportation, testing, and storage of agricultural commodities for prepositioning in the United States and foreign countries. Sec. 3010. Deadline for agreements to finance sales or to provide other assistance. Sec. 3011. Minimum level of nonemergency food assistance. Sec. 3012. Coordination of foreign assistance programs report. Sec. 3013. Micronutrient fortification programs. Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program. Sec. 3015. Prohibition on assistance for North Korea. Subtitle B—Agricultural Trade Act of 1978 Sec. 3101. Export credit guarantee programs. Sec. 3102. Funding for market access program. Sec. 3103. Foreign market development cooperator program. Subtitle C—Other Agricultural Trade Laws Sec. 3201. Food for Progress Act of 1985. Sec. 3202. Bill Emerson Humanitarian Trust. Sec. 3203. Promotion of agricultural exports to emerging markets. Sec. 3204. McGovern-Dole International Food for Education and Child Nutrition Program. Sec. 3205. Technical assistance for specialty crops. Sec. 3206. Global Crop Diversity Trust. Sec. 3207. Local and regional food aid procurement projects. Sec. 3208. Donald Payne Horn of Africa food resilience program. Sec. 3209. Agricultural trade enhancement study. TITLE IV—Nutrition Subtitle A—Supplemental nutrition assistance program Sec. 4001. Food distribution program on Indian reservations. Sec. 4002. Standard utility allowances based on the receipt of energy assistance payments. Sec. 4003. Eligibility disqualifications. Sec. 4004. Ending supplemental nutrition assistance program benefits for lottery or gambling winners. Sec. 4005. Retail food stores. Sec. 4006. Improving security of food assistance. Sec. 4007. Technology modernization for retail food stores. Sec. 4008. Use of benefits for purchase of community-supported agriculture share. Sec. 4009. Restaurant meals program. Sec. 4010. Quality control error rate determination. Sec. 4011. Performance bonus payments. Sec. 4012. Authorization of appropriations. Sec. 4013. Assistance for community food projects. Sec. 4014. Emergency food assistance. Sec. 4015. Nutrition education. Sec. 4016. Retail food store and recipient trafficking. Sec. 4017. Technical and conforming amendments. Subtitle B—Commodity distribution programs Sec. 4101. Commodity distribution program. Sec. 4102. Commodity supplemental food program. Sec. 4103. Distribution of surplus commodities to special nutrition projects. Sec. 4104. Technical and conforming amendments. Subtitle C—Miscellaneous Sec. 4201. Purchase of fresh fruits and vegetables for distribution to schools and service institutions. Sec. 4202. Seniors farmers' market nutrition program. Sec. 4203. Nutrition information and awareness pilot program. Sec. 4204. Whole grain products. Sec. 4205. Hunger-free communities. Sec. 4206. Healthy Food Financing Initiative. Sec. 4207. Pulse crop products. Sec. 4208. Dietary Guidelines for Americans. Sec. 4209. Purchases of locally produced foods. TITLE V—Credit Subtitle A—Farmer loans, servicing, and other assistance under the Consolidated Farm and Rural Development Act Sec. 5001. Farmer loans, servicing, and other assistance under the Consolidated Farm and Rural Development Act. Subtitle B—Miscellaneous Sec. 5101. State agricultural mediation programs. Sec. 5102. Loans to purchasers of highly fractionated land. Sec. 5103. Removal of duplicative appraisals. TITLE VI—Rural Development Subtitle A—Reorganization of the Consolidated Farm and Rural Development Act Sec. 6001. Reorganization of the Consolidated Farm and Rural Development Act. Sec. 6002. Conforming amendments. Subtitle B—Rural electrification Sec. 6101. Definition of rural area. Sec. 6102. Guarantees for bonds and notes issued for electrification or telephone purposes. Sec. 6103. Expansion of 911 access. Sec. 6104. Access to broadband telecommunications services in rural areas. Subtitle C—Miscellaneous Sec. 6201. Distance learning and telemedicine. Sec. 6202. Rural energy savings program. Sec. 6203. Funding of pending rural development loan and grant applications. Sec. 6204. Study of rural transportation issues. Sec. 6205. Agricultural transportation policy. TITLE VII—Research, Extension, and Related Matters Subtitle A—National Agricultural Research, Extension, and Teaching Policy Act of 1977 Sec. 7101. National Agricultural Research, Extension, Education, and Economics Advisory Board. Sec. 7102. Specialty crop committee. Sec. 7103. Veterinary services grant program. Sec. 7104. Grants and fellowships for food and agriculture sciences education. Sec. 7105. Agricultural and food policy research centers. Sec. 7106. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions. Sec. 7107. Nutrition education program. Sec. 7108. Continuing animal health and disease research programs. Sec. 7109. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University. Sec. 7110. Grants to upgrade agricultural and food sciences facilities and equipment at insular area land-grant institutions. Sec. 7111. Hispanic-serving institutions. Sec. 7112. Competitive grants for international agricultural science and education programs. Sec. 7113. University research. Sec. 7114. Extension service. Sec. 7115. Supplemental and alternative crops. Sec. 7116. Capacity building grants for NLGCA institutions. Sec. 7117. Aquaculture assistance programs. Sec. 7118. Rangeland research programs. Sec. 7119. Special authorization for biosecurity planning and response. Sec. 7120. Distance education and resident instruction grants program for insular area institutions of higher education. Subtitle B—Food, Agriculture, Conservation, and Trade Act of 1990 Sec. 7201. Best utilization of biological applications. Sec. 7202. Integrated management systems. Sec. 7203. Sustainable agriculture technology development and transfer program. Sec. 7204. National Training Program. Sec. 7205. National Genetics Resources Program. Sec. 7206. National Agricultural Weather Information System. Sec. 7207. High-priority research and extension initiatives. Sec. 7208. Organic agriculture research and extension initiative. Sec. 7209. Farm business management. Sec. 7210. Regional centers of excellence. Sec. 7211. Assistive technology program for farmers with disabilities. Sec. 7212. National rural information center clearinghouse. Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998 Sec. 7301. Relevance and merit of agricultural research, extension, and education funded by the Department. Sec. 7302. Integrated research, education, and extension competitive grants program. Sec. 7303. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica. Sec. 7304. Grants for youth organizations. Sec. 7305. Specialty crop research initiative. Sec. 7306. Food animal residue avoidance database program. Sec. 7307. Office of pest management policy. Sec. 7308. Authorization of regional integrated pest management centers. Subtitle D—Other Laws Sec. 7401. Critical Agricultural Materials Act. Sec. 7402. Equity in Educational Land-Grant Status Act of 1994 Sec. 7403. Research Facilities Act. Sec. 7404. Competitive, Special, and Facilities Research Grant Act. Sec. 7405. Enhanced use lease authority pilot program under Department of Agriculture Reorganization Act of 1994. Sec. 7406. Renewable Resources Extension Act of 1978 Sec. 7407. National Aquaculture Act of 1980 Sec. 7408. Beginning farmer and rancher development program under Farm Security and Rural Investment Act of 2002 Subtitle E—Food, Conservation, and Energy Act of 2008 Part I—Agricultural Security Sec. 7501. Agricultural biosecurity communication center. Sec. 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response. Sec. 7503. Research and development of agricultural countermeasures. Sec. 7504. Agricultural biosecurity grant program. Part II—Miscellaneous Sec. 7511. Grazinglands research laboratory. Sec. 7512. Budget submission and funding. Sec. 7513. Natural products research program. Sec. 7514. Sun grant program. Subtitle F—Miscellaneous Sec. 7601. Foundation for Food and Agriculture Research. Sec. 7602. Objective and scholarly agricultural and food law research and information. TITLE VIII—Forestry Subtitle A—Repeal of certain forestry programs Sec. 8001. Forest land enhancement program. Sec. 8002. Watershed forestry assistance program. Sec. 8003. Expired cooperative national forest products marketing program. Sec. 8004. Hispanic-serving institution agricultural land national resources leadership program. Sec. 8005. Tribal watershed forestry assistance program. Subtitle B—Reauthorization of Cooperative Forestry Assistance Act of 1978 programs Sec. 8101. State-wide assessment and strategies for forest resources. Sec. 8102. Forest stewardship program. Sec. 8103. Forest Legacy Program. Sec. 8104. Community forest and open space conservation program. Sec. 8105. Urban and community forestry assistance. Subtitle C—Reauthorization of other forestry-Related laws Sec. 8201. Rural revitalization technologies. Sec. 8202. Office of International Forestry. Sec. 8203. Insect infestations and related diseases. Sec. 8204. Stewardship end result contracting projects. Sec. 8205. Healthy forests reserve program. Subtitle D—Miscellaneous provisions Sec. 8301. McIntire-Stennis Cooperative Forestry Act. Sec. 8302. Revision of strategic plan for forest inventory and analysis. TITLE IX—Energy Sec. 9001. Definition of renewable chemical. Sec. 9002. Biobased markets program. Sec. 9003. Biorefinery, renewable chemical, and biobased product manufacturing assistance. Sec. 9004. Repeal of repowering assistance program and transfer of remaining funds. Sec. 9005. Bioenergy program for advanced biofuels. Sec. 9006. Biodiesel fuel education program. Sec. 9007. Rural Energy for America Program. Sec. 9008. Biomass research and development. Sec. 9009. Feedstock flexibility program for bioenergy producers. Sec. 9010. Biomass Crop Assistance Program. Sec. 9011. Repeal of forest biomass for energy. Sec. 9012. Community wood energy program. Sec. 9013. Repeal of renewable fertilizer study. TITLE X—Horticulture Sec. 10001. Specialty crops market news allocation. Sec. 10002. Repeal of grant program to improve movement of specialty crops. Sec. 10003. Farmers market and local food promotion program. Sec. 10004. Study on local food production and program evaluation. Sec. 10005. Organic agriculture. Sec. 10006. Food safety education initiatives. Sec. 10007. Coordinated plant management program. Sec. 10008. Specialty crop block grants. Sec. 10009. Recordkeeping, investigations, and enforcement. Sec. 10010. Report on honey. Sec. 10011. Effective date. TITLE XI—Crop insurance Sec. 11001. Supplemental coverage option. Sec. 11002. Premium amounts for catastrophic risk protection. Sec. 11003. Permanent enterprise unit. Sec. 11004. Enterprise units for irrigated and nonirrigated crops. Sec. 11005. Data collection. Sec. 11006. Adjustment in actual production history to establish insurable yields. Sec. 11007. Submission and review of policies. Sec. 11008. Board review and approval. Sec. 11009. Consultation. Sec. 11010. Budget limitations on renegotiation of the Standard Reinsurance Agreement. Sec. 11011. Stacked Income Protection Plan for producers of upland cotton. Sec. 11012. Peanut revenue crop insurance. Sec. 11013. Authority to correct errors. Sec. 11014. Implementation. Sec. 11015. Approval of costs for research and development. Sec. 11016. Whole farm risk management insurance. Sec. 11017. Study of food safety insurance. Sec. 11018. Crop insurance for livestock. Sec. 11019. Margin coverage for catfish. Sec. 11020. Poultry business disruption insurance policy. Sec. 11021. Crop insurance for organic crops. Sec. 11022. Research and development. Sec. 11023. Pilot programs. Sec. 11024. Index-based weather insurance pilot program. Sec. 11025. Enhancing producer self-help through farm financial benchmarking. Sec. 11026. Beginning farmer and rancher provisions. Sec. 11027. Agricultural management assistance, risk management education, and organic certification cost share assistance. Sec. 11028. Crop production on native sod. Sec. 11029. Technical amendments. Sec. 11030. Greater accessibility for crop insurance. Sec. 11031. GAO crop insurance fraud report. Sec. 11032. Limitation on premium subsidy based on average adjusted gross income. TITLE XII—Miscellaneous Subtitle A—Socially disadvantaged producers and limited resource producers Sec. 12001. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers. Sec. 12002. Office of Advocacy and Outreach. Subtitle B—Livestock Sec. 12101. Wildlife reservoir zoonotic disease initiative. Sec. 12102. Trichinae certification program. Sec. 12103. National Aquatic Animal Health Plan. Sec. 12104. Sheep production and marketing grant program. Sec. 12105. Feral swine eradication pilot program. Subtitle C—Other miscellaneous provisions Sec. 12201. Military Veterans Agricultural Liaison. Sec. 12202. Information gathering. Sec. 12203. Grants to improve supply, stability, safety, and training of agricultural labor force. Sec. 12204. Noninsured crop assistance program. Sec. 12205. Regional economic and infrastructure development. Sec. 12206. Canada geese removal. Sec. 12207. Office of Tribal Relations. Sec. 12208. Repeal of duplicative program. Sec. 12209. Sense of the Senate. Sec. 12210. Acer Access and Development Program. Sec. 12211. Definition of rural area for purposes of the Housing Act of 1949. Sec. 12212. Prohibition on attending an animal fight or causing a minor to attend an animal fight; enforcement of animal fighting provisions. 2. Definition of Secretary In this Act, the term Secretary I Commodity programs A Repeals and reforms 1101. Repeal of direct payments (a) Repeal Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8713 (b) Continued application for 2013 crop year Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8713 7 U.S.C. 8702 1102. Repeal of counter-cyclical payments (a) Repeal Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8714 (b) Continued application for 2013 crop year Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8714 7 U.S.C. 8702 1103. Repeal of average crop revenue election program (a) Repeal Section 1105 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8715 (b) Continued application for 2013 crop year Section 1105 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8715 7 U.S.C. 8702 1104. Definitions In this subtitle, subtitle B, and subtitle F: (1) Actual crop revenue The term actual crop revenue (2) Agriculture risk coverage guarantee The term agriculture risk coverage guarantee (3) Agriculture risk coverage payment The term agriculture risk coverage payment (4) Average individual yield The term average individual yield 7 U.S.C. 1501 et seq. (5) County coverage For the purposes of agriculture risk coverage under section 1105, the term county coverage (6) Covered commodity (A) In general The term covered commodity (B) Popcorn The Secretary— (i) shall study the feasibility of including popcorn as a covered commodity by 2014; and (ii) if the Secretary determines it to be feasible, shall designate popcorn as a covered commodity. (7) Eligible acres (A) In general Except as provided in subparagraphs (B) through (D), the term eligible acres (B) Maximum Except as provided in (C), the total quantity of eligible acres on a farm determined under subparagraph (A) shall not exceed the average total acres planted or prevented from being planted to covered commodities and upland cotton on the farm for the 2009 through 2012 crop years, as determined by the Secretary. (C) Adjustment The Secretary shall provide for an adjustment, as appropriate, in the eligible acres for covered commodities for a farm if any of the following circumstances occurs: (i) If a conservation reserve contract for a farm in a county entered into under section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 (I) the total base acreage for the farm, less any upland cotton base acreage, that was suspended during the conservation reserve contract; or (II) the product obtained by multiplying— (aa) the average proportion that— (AA) the total number of acres planted to covered commodities and upland cotton in the county for crop years 2009 through 2012; bears to (BB) the total number of all acres of covered commodities, grassland, and upland cotton acres in the county for the same crop years; by (bb) the total acres for which coverage has expired, voluntarily terminated, or been released under the conservation reserve contract. (ii) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(1)(D) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8711(a)(1)(D) (iii) The producer has any acreage not cropped during the 2009 through 2012 crop years, but placed into an established rotation practice for the purposes of enriching land or conserving moisture for subsequent crop years, including summer fallow, as determined by the Secretary. (D) Exclusion The term eligible acres (8) Extra long staple cotton The term extra long staple cotton (A) is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and (B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes. (9) Individual coverage For purposes of agriculture risk coverage under section 1105, the term individual coverage (10) Medium grain rice The term medium grain rice (11) Midseason price The term midseason price (12) Other oilseed The term other oilseed (13) Producer (A) In general The term producer (B) Hybrid seed In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the existence of a hybrid seed contract; and (ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this title. (14) Pulse crop The term pulse crop (15) State The term State (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (16) Transitional yield The term transitional yield (17) United States The term United States (18) United States premium factor The term United States Premium Factor 1/8 3/32 1105. Agriculture risk coverage (a) Payments required If the Secretary determines that payments are required under subsection (c), the Secretary shall make payments for each covered commodity available to producers in accordance with this section. (b) Coverage election (1) In general For the period of crop years 2014 through 2018, the producers shall make a 1-time, irrevocable election to receive— (A) individual coverage under this section, as determined by the Secretary; or (B) in the case of a county with sufficient data (as determined by the Secretary), county coverage under this section. (2) Effect of election The election made under paragraph (1) shall be binding on the producers making the election, regardless of covered commodities planted, and applicable to all acres under the operational control of the producers, in a manner that— (A) acres brought under the operational control of the producers after the election are included; and (B) acres no longer under the operational control of the producers after the election are no longer subject to the election of the producers but become subject to the election of the subsequent producers. (3) Duties of the Secretary The Secretary shall ensure that producers are precluded from taking any action, including reconstitution, transfer, or other similar action, that would have the effect of altering or reversing the election made under paragraph (1). (c) Agriculture risk coverage (1) Payments The Secretary shall make agriculture risk coverage payments available under this subsection for each of the 2014 through 2018 crop years if the Secretary determines that— (A) the actual crop revenue for the crop year for the covered commodity; is less than (B) the agriculture risk coverage guarantee for the crop year for the covered commodity. (2) Time for payments If the Secretary determines under this subsection that agriculture risk coverage payments are required to be made for the covered commodity, the agriculture risk coverage payments shall be made as soon as practicable thereafter. (3) Actual crop revenue The amount of the actual crop revenue for a crop year of a covered commodity shall be equal to the product obtained by multiplying— (A) (i) in the case of individual coverage, the actual average individual yield for the covered commodity, as determined by the Secretary; or (ii) in the case of county coverage, the actual average yield for the county for the covered commodity, as determined by the Secretary; and (B) the higher of— (i) the midseason price; or (ii) if applicable, the national marketing assistance loan rate for the covered commodity under subtitle B. (4) Agriculture risk coverage guarantee (A) In general The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 89 percent of the benchmark revenue. (B) Benchmark revenue (i) In general The benchmark revenue shall be the product obtained by multiplying— (I) (aa) in the case of individual coverage, subject to clause (ii), the average individual yield, as determined by the Secretary, for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; or (bb) in the case of county coverage, the average county yield, as determined by the Secretary, for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and (II) subject to clause (iii), the average national marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices. (ii) Use of transitional yields If the yield determined under clause (i)(I)(aa)— (I) for the 2013 crop year or any prior crop year, is less than 60 percent of the applicable transitional yield, the Secretary shall use 60 percent of the applicable transitional yield for that crop year; and (II) for the 2014 crop year and any subsequent crop year, is less than 70 percent of the applicable transitional yield, the Secretary shall use 70 percent of the applicable transitional yield for that crop year. (iii) Special rule for rice and peanuts If the national marketing year average price under clause (i)(II) for any of the applicable crop years is lower than the price for the covered commodity listed below, the Secretary shall use the following price for that crop year: (I) For long grain rice, $13.00 per hundredweight. (II) For medium grain rice, $13.00 per hundredweight. (III) For peanuts, $530.00 per ton. (5) Payment rate The payment rate for each covered commodity shall be equal to the lesser of— (A) the amount that— (i) the agriculture risk coverage guarantee for the covered commodity; exceeds (ii) the actual crop revenue for the crop year of the covered commodity; or (B) 10 percent of the benchmark revenue for the crop year of the covered commodity. (6) Payment amount If agriculture risk coverage payments under this subsection are required to be paid for any of the 2014 through 2018 crop years of a covered commodity, the amount of the agriculture risk coverage payment for the crop year shall be equal to the product obtained by multiplying— (A) the payment rate under paragraph (5); and (B) (i) in the case of individual coverage the sum of— (I) 65 percent of the planted eligible acres of the covered commodity; and (II) 45 percent of the eligible acres that were prevented from being planted to the covered commodity; or (ii) in the case of county coverage— (I) 80 percent of the planted eligible acres of the covered commodity; and (II) 45 percent of the eligible acres that were prevented from being planted to the covered commodity. (7) Duties of the Secretary In carrying out the program under this subsection, the Secretary shall— (A) to the maximum extent practicable, use all available information and analysis to check for anomalies in the determination of payments under the program; (B) to the maximum extent practicable, calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities; (C) differentiate by type or class the national average price of— (i) sunflower seeds; (ii) barley, using malting barley values; and (iii) wheat; and (D) assign a yield for each acre planted or prevented from being planted for the crop year for the covered commodity on the basis of the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary, if the Secretary cannot establish the yield as determined under paragraph (3)(A)(ii) or (4)(B)(i) or if the yield determined under paragraph (3)(A)(ii) or (4) is an unrepresentative average yield for the covered commodity as determined by the Secretary. 1106. Producer agreement required as condition of provision of payments (a) Compliance with certain requirements (1) Requirements Before the producers on a farm may receive agriculture risk coverage payments, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments— (A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq. (B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act ( 16 U.S.C. 3821 et seq. (C) to use the land on the farm for an agricultural or conserving use in a quantity equal to the attributable eligible acres of the farm, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; and (D) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (C). (2) Compliance The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1). (3) Modification At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary. (b) Transfer or change of interest in farm (1) Termination (A) In general Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm for which agriculture risk coverage payments are made shall result in the termination of the agriculture risk coverage payments, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). (B) Effective date The termination shall take effect on the date determined by the Secretary. (2) Exception If a producer entitled to an agriculture risk coverage payment dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment, in accordance with rules issued by the Secretary. (c) Reports (1) Acreage reports As a condition on the receipt of any benefits under this subtitle or subtitle B, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm. (2) Production reports As a condition on the receipt of any benefits under section 1105, the Secretary shall require producers on a farm to submit to the Secretary annual production reports with respect to all covered commodities produced on the farm. (3) Penalties No penalty with respect to benefits under this subtitle or subtitle B shall be assessed against the producers on a farm for an inaccurate acreage or production report unless the producers on the farm knowingly and willfully falsified the acreage or production report. (4) Data reporting To the maximum extent practicable, the Secretary shall use data reported by the producer pursuant to requirements under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. (d) Tenants and sharecroppers In carrying out this subtitle, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. 1107. Period of effectiveness Sections 1104 through 1106 shall be effective beginning with the 2014 crop year of each covered commodity through the 2018 crop year. 1108. Adjusted gross income limitation for conservation programs Section 1001D(b)(2)(A) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(2)(A)) is amended— (1) by striking Limits clause (ii), Limits (2) by striking clause (ii). B Marketing assistance loans and loan deficiency payments 1201. Availability of nonrecourse marketing assistance loans for loan commodities (a) Definition of loan commodity In this subtitle, the term loan commodity (b) Nonrecourse loans available (1) In general For each of the 2014 through 2018 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm. (2) Terms and conditions The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 1202 for the loan commodity. (c) Eligible production The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm. (d) Compliance with conservation and wetlands requirements (1) Requirements Before the producers on a farm may receive a marketing assistance loan or any other payment or benefit under this subtitle, the producers shall agree, for the crop year for which the payments are made and in exchange for the payments— (A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq. (B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act ( 16 U.S.C. 3821 et seq. (C) to use the land on the farm for an agricultural or conserving use in a quantity equal to the attributable eligible acres of the farm, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; and (D) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (C). (2) Compliance The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with paragraph (1). (3) Modification At the request of a transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the purposes of this subsection, as determined by the Secretary. (e) Special rules for peanuts (1) In general This subsection shall apply only to producers of peanuts. (2) Options for obtaining loan A marketing assistance loan under this section, and loan deficiency payments under section 1205, may be obtained at the option of the producers on a farm through— (A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or (B) the Farm Service Agency. (3) Storage of loan peanuts As a condition on the approval by the Secretary of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree— (A) to provide the storage on a nondiscriminatory basis; and (B) to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section. (4) Storage, handling, and associated costs (A) In general To ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed under loan, as determined by the Secretary. (B) Redemption and forfeiture The Secretary shall— (i) require the repayment of handling and other associated costs paid under subparagraph (A) for all peanuts pledged as collateral for a loan that is redeemed under this section; and (ii) pay storage, handling, and other associated costs for all peanuts pledged as collateral that are forfeited under this section. (5) Marketing A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality. (6) Reimbursable agreements and payment of administrative expenses The Secretary may implement any reimbursable agreements or provide for the payment of administrative expenses under this subsection only in a manner that is consistent with those activities in regard to other loan commodities. 1202. Loan rates for nonrecourse marketing assistance loans (a) In general For purposes of each of the 2014 through 2018 crop years, the loan rate for a marketing assistance loan under section 1201 for a loan commodity shall be equal to the following: (1) In the case of wheat, $2.94 per bushel. (2) In the case of corn, $1.95 per bushel. (3) In the case of grain sorghum, $1.95 per bushel. (4) In the case of barley, $1.95 per bushel. (5) In the case of oats, $1.39 per bushel. (6) In the case of base quality of upland cotton, for the 2013 and each subsequent crop year, the simple average of the adjusted prevailing world price for the 2 immediately preceding marketing years, as determined by the Secretary and announced October 1 preceding the next domestic plantings, but in no case less than $0.47 per pound or more than $0.52 per pound. (7) In the case of extra long staple cotton, $0.7977 per pound. (8) In the case of long grain rice, $6.50 per hundredweight. (9) In the case of medium grain rice, $6.50 per hundredweight. (10) In the case of soybeans, $5.00 per bushel. (11) In the case of other oilseeds, $10.09 per hundredweight for each of the following kinds of oilseeds: (A) Sunflower seed. (B) Rapeseed. (C) Canola. (D) Safflower. (E) Flaxseed. (F) Mustard seed. (G) Crambe. (H) Sesame seed. (I) Other oilseeds designated by the Secretary. (12) In the case of dry peas, $5.40 per hundredweight. (13) In the case of lentils, $11.28 per hundredweight. (14) In the case of small chickpeas, $7.43 per hundredweight. (15) In the case of large chickpeas, $11.28 per hundredweight. (16) In the case of graded wool, $1.15 per pound. (17) In the case of nongraded wool, $0.40 per pound. (18) In the case of mohair, $4.20 per pound. (19) In the case of honey, $0.69 per pound. (20) In the case of peanuts, $355 per ton. (b) Single county loan rate for other oilseeds The Secretary shall establish a single loan rate in each county for each kind of other oilseeds described in subsection (a)(11). 1203. Term of loans (a) Term of loan In the case of each loan commodity, a marketing assistance loan under section 1201 shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made. (b) Extensions prohibited The Secretary may not extend the term of a marketing assistance loan for any loan commodity. 1204. Repayment of loans (a) General rule The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for a loan commodity (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, peanuts and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 (2) a rate (as determined by the Secretary) that— (A) is calculated based on average market prices for the loan commodity during the preceding 30-day period; and (B) will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; or (3) a rate that the Secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the Secretary determines will— (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of the commodity by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing the commodity; (D) allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and (E) minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries. (b) Repayment rates for upland cotton, long grain rice, and medium grain rice The Secretary shall permit producers to repay a marketing assistance loan under section 1201 for upland cotton, long grain rice, and medium grain rice at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 (2) the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section. (c) Repayment rates for extra long staple cotton Repayment of a marketing assistance loan for extra long staple cotton shall be at the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)). (d) Prevailing world market price For purposes of this section, the Secretary shall prescribe by regulation— (1) a formula to determine the prevailing world market price for each of upland cotton, long grain rice, and medium grain rice; and (2) a mechanism by which the Secretary shall announce periodically those prevailing world market prices. (e) Adjustment of prevailing world market price for upland cotton, long grain rice, and medium grain rice (1) Rice The prevailing world market price for long grain rice and medium grain rice determined under subsection (d) shall be adjusted to United States quality and location. (2) Cotton The prevailing world market price for upland cotton determined under subsection (d)— (A) shall be adjusted to United States quality and location, with the adjustment to include— (i) a reduction equal to any United States Premium Factor for upland cotton of a quality higher than Middling (M) 1 3/32 (ii) the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and (B) may be further adjusted, during the period beginning on the date of enactment of this Act and ending on July 31, 2018, if the Secretary determines the adjustment is necessary— (i) to minimize potential loan forfeitures; (ii) to minimize the accumulation of stocks of upland cotton by the Federal Government; (iii) to ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; and (iv) to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if— (I) there are insufficient current-crop price quotations; and (II) the forward-crop price quotation is the lowest such quotation available. (3) Guidelines for additional adjustments In making adjustments under this subsection, the Secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the United States market. (f) Repayment rates for confectionery and other kinds of sunflower seeds The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for confectionery and each other kind of sunflower seed (other than oil sunflower seed) at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 (2) the repayment rate established for oil sunflower seed. (g) Payment of cotton storage costs Effective for each of the 2014 through 2018 crop years, the Secretary shall make cotton storage payments available in the same manner, and at the same rates as the Secretary provided storage payments for the 2006 crop of cotton, except that the rates shall be reduced by 20 percent. (h) Repayment rate for peanuts The Secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under subsection (a) at a rate that is the lesser of— (1) the loan rate established for peanuts under subsection (b), plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 (2) a rate that the Secretary determines will— (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of peanuts by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing peanuts; and (D) allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally. (i) Authority To temporarily adjust repayment rates (1) Adjustment authority In the event of a severe disruption to marketing, transportation, or related infrastructure, the Secretary may modify the repayment rate otherwise applicable under this section for marketing assistance loans under section 1201 for a loan commodity. (2) Duration Any adjustment made under paragraph (1) in the repayment rate for marketing assistance loans for a loan commodity shall be in effect on a short-term and temporary basis, as determined by the Secretary. 1205. Loan deficiency payments (a) Availability of loan deficiency payments (1) In general Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 1201 with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section. (2) Unshorn pelts, hay, and silage (A) Marketing assistance loans Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 1201. (B) Loan deficiency payment Effective for the 2014 through 2018 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity. (b) Computation A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying— (1) the payment rate determined under subsection (c) for the commodity; by (2) the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 1201. (c) Payment rate (1) In general In the case of a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for the loan commodity; exceeds (B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204. (2) Unshorn pelts In the case of unshorn pelts, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for ungraded wool; exceeds (B) the rate at which a marketing assistance loan for ungraded wool may be repaid under section 1204. (3) Hay and silage In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for the loan commodity from which the hay or silage is derived; exceeds (B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204. (d) Exception for extra long staple cotton This section shall not apply with respect to extra long staple cotton. (e) Effective date for payment rate determination The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment. 1206. Payments in lieu of loan deficiency payments for grazed acreage (a) Eligible producers (1) In general Effective for the 2014 through 2018 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section 1205 for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage. (2) Grazing of triticale acreage Effective for the 2014 through 2018 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage. (b) Payment amount (1) In general The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and (ii) (I) the yield in effect for the calculation of agriculture risk coverage payments under subtitle A with respect to that loan commodity on the farm; or (II) in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary. (2) Grazing of triticale acreage The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and (ii) (I) the yield in effect for the calculation of agriculture risk coverage payments under subtitle A with respect to wheat on the farm; or (II) in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with section 1102 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8712 (c) Time, manner, and availability of payment (1) Time and manner A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 1205. (2) Availability (A) In general The Secretary shall establish an availability period for the payments authorized by this section. (B) Certain commodities In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subtitle. (d) Prohibition on crop insurance indemnity or noninsured crop assistance A 2014 through 2018 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. 7 U.S.C. 7333 1207. Special competitive provisions for extra long staple cotton (a) Competitiveness program Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act through July 31, 2018, the Secretary shall carry out a program— (1) to maintain and expand the domestic use of extra long staple cotton produced in the United States; (2) to increase exports of extra long staple cotton produced in the United States; and (3) to ensure that extra long staple cotton produced in the United States remains competitive in world markets. (b) Payments under program; trigger Under the program, the Secretary shall make payments available under this section whenever— (1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and (2) the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is less than 134 percent of the loan rate for extra long staple cotton. (c) Eligible recipients The Secretary shall make payments available under this section to domestic users of extra long staple cotton produced in the United States and exporters of extra long staple cotton produced in the United States that enter into an agreement with the Commodity Credit Corporation to participate in the program under this section. (d) Payment amount Payments under this section shall be based on the amount of the difference in the prices referred to in subsection (b)(1) during the fourth week of the consecutive 4-week period multiplied by the amount of documented purchases by domestic users and sales for export by exporters made in the week following such a consecutive 4-week period. 1208. Availability of recourse loans for high moisture feed grains and seed cotton (a) High moisture feed grains (1) Definition of high moisture state In this subsection, the term high moisture state (2) Recourse loans available For each of the 2014 through 2018 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that— (A) normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state; (B) present— (i) certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; or (ii) field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation; (C) certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and (D) comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary. (3) Eligibility of acquired feed grains A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying— (A) the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by (B) the lower of the actual average yield used to make payments under subtitle A or the actual yield on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum was obtained. (b) Recourse loans available for seed cotton For each of the 2014 through 2018 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production. (c) Repayment rates Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 1209. Adjustments of loans (a) Adjustment authority Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors. (b) Manner of adjustment The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subtitle and subtitles C through E. (c) Adjustment on county basis (1) In general The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays. (2) Prohibition Adjustments under this subsection shall not result in an increase in the national average loan rate for any year. (d) Adjustment in loan rate for cotton (1) In general The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors. (2) Revisions to quality adjustments for upland cotton (A) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall implement revisions in the administration of the marketing assistance loan program for upland cotton to more accurately and efficiently reflect market values for upland cotton. (B) Mandatory revisions Revisions under subparagraph (A) shall include— (i) the elimination of warehouse location differentials; (ii) the establishment of differentials for the various quality factors and staple lengths of cotton based on a 3-year, weighted moving average of the weighted designated spot market regions, as determined by regional production; (iii) the elimination of any artificial split in the premium or discount between upland cotton with a 32 or 33 staple length due to micronaire; and (iv) a mechanism to ensure that no premium or discount is established that exceeds the premium or discount associated with a leaf grade that is 1 better than the applicable color grade. (C) Discretionary revisions Revisions under subparagraph (A) may include— (i) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection; (ii) adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and (iii) such other adjustments as the Secretary determines appropriate, after consultations conducted in accordance with paragraph (3). (3) Consultation with private sector (A) Prior to revision In making adjustments to the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry. (B) Inapplicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations under this subsection. (4) Review of adjustments The Secretary may review the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further revisions to the administration of the loan program for upland cotton, by— (A) revoking or revising any actions taken under paragraph (2)(B); or (B) revoking or revising any actions taken or authorized to be taken under paragraph (2)(C). (e) Rice The Secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice, except for differences in grade and quality (including milling yields). C Sugar 1301. Sugar program (a) Continuation of current program and loan rates (1) Sugarcane Section 156(a)(5) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)(5)) is amended by striking the 2012 crop year each of the 2014 through 2018 crop years (2) Sugar beets Section 156(b)(2) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(b)(2) 2012 2018 (3) Effective period Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(i) 2012 2018 (b) Flexible marketing allotments for sugar (1) Sugar estimates Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359bb(a)(1) 2012 2018 (2) Sugar import quota adjustment date Section 359k(b) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359kk(b) (A) by striking April 1 February 1 (B) by striking April 1 February 1 (3) Effective period Section 359l(a) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359ll(a) 2012 2018 D Dairy I Dairy production margin protection and dairy market stabilization programs 1401. Definitions In this part: (1) Actual dairy production margin The term actual dairy production margin (2) All-milk price The term all-milk price (3) Annual production history The term annual production history (4) Average feed cost The term average feed cost (A) The product determined by multiplying 1.0728 by the price of corn per bushel. (B) The product determined by multiplying 0.00735 by the price of soybean meal per ton. (C) The product determined by multiplying 0.0137 by the price of alfalfa hay per ton. (5) Basic production history The term basic production history (6) Consecutive 2-month period The term consecutive 2-month period (7) Dairy operation (A) In general The term dairy operation (i) shares in the pooling of resources and a common ownership structure; (ii) is at risk in the production of milk on the dairy operation; and (iii) contributes land, labor, management, equipment, or capital to the dairy operation. (B) Additional ownership structures The Secretary shall determine additional ownership structures to be covered by the definition of dairy operation. (8) Handler (A) In general The term handler (B) Producer-handler The term includes a producer-handler (9) Participating dairy operation The term participating dairy operation (A) signs up under section 1412 to participate in the production margin protection program under subpart A; and (B) as a result, also participates in the stabilization program under subpart B. (10) Production margin protection program The term production margin protection program (11) Secretary The term Secretary (12) Stabilization program The term stabilization program (13) Stabilization program base The term stabilization program base (14) United States The term United States 1402. Calculation of average feed cost and actual dairy production margins (a) Calculation of average feed cost The Secretary shall calculate the national average feed cost for each month using the following data: (1) The price of corn for a month shall be the price received during that month by farmers in the United States for corn, as reported in the monthly Agricultural Prices report by the Secretary. (2) The price of soybean meal for a month shall be the central Illinois price for soybean meal, as reported in the Market News–Monthly Soybean Meal Price Report by the Secretary. (3) The price of alfalfa hay for a month shall be the price received during that month by farmers in the United States for alfalfa hay, as reported in the monthly Agricultural Prices report by the Secretary. (b) Calculation of actual dairy production margins (1) Production margin protection program For use in the production margin protection program under subpart A, the Secretary shall calculate the actual dairy production margin for each consecutive 2-month period by subtracting— (A) the average feed cost for that consecutive 2-month period, determined in accordance with subsection (a); from (B) the all-milk price for that consecutive 2-month period. (2) Stabilization program For use in the stabilization program under subpart B, the Secretary shall calculate each month the actual dairy production margin for the preceding month by subtracting— (A) the average feed cost for that preceding month, determined in accordance with subsection (a); from (B) the all-milk price for that preceding month. (3) Time for calculations The calculations required by paragraphs (1) and (2) shall be made as soon as practicable using the full month price of the applicable reference month. A Dairy production margin protection program 1411. Establishment of dairy production margin protection program Effective not later than 120 days after the effective date of this subtitle, the Secretary shall establish and administer a dairy production margin protection program under which participating dairy operations are paid— (1) basic production margin protection program payments under section 1414 when actual dairy production margins are less than the threshold levels for such payments; and (2) supplemental production margin protection program payments under section 1415 if purchased by a participating dairy operation. 1412. Participation of dairy operations in production margin protection program (a) Eligibility All dairy operations in the United States shall be eligible to participate in the production margin protection program, except that a participating dairy operation shall be required to register with the Secretary before the participating dairy operation may receive— (1) basic production margin protection program payments under section 1414; and (2) if the participating dairy operation purchases supplemental production margin protection under section 1415, supplemental production margin protection program payments under such section. (b) Registration process (1) In general The Secretary shall specify the manner and form by which a participating dairy operation may register to participate in the production margin protection program. (2) Treatment of multiproducer dairy operations If a participating dairy operation is operated by more than 1 dairy producer, all of the dairy producers of the participating dairy operation shall be treated as a single dairy operation for purposes of— (A) registration to receive basic production margin protection and election to purchase supplemental production margin protection; (B) payment of the participation fee under subsection (d) and producer premiums under section 1415; and (C) participation in the stabilization program under subtitle B. (3) Treatment of producers with multiple dairy operations If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately register to receive basic production margin protection and purchase supplemental production margin protection and only those dairy operations so registered shall be covered by the stabilization program. (c) Time for registration (1) Existing dairy operations During the 15-month period beginning on the date of the initiation of the registration period for the production margin protection program, a dairy operation that is actively engaged as of such date may register with the Secretary— (A) to receive basic production margin protection; and (B) if the dairy operation elects, to purchase supplemental production margin protection. (2) New Entrants A dairy producer that has no existing interest in a dairy operation as of the date of the initiation of the registration period for the production margin protection program, but that, after such date, establishes a new dairy operation, may register with the Secretary during the 1-year period beginning on the date on which the dairy operation first markets milk commercially— (A) to receive basic production margin protection; and (B) if the dairy operation elects, to purchase supplemental production margin protection. (d) Transition from MILC to production margin protection (1) Definition of transition period In this subsection, the term transition period 7 U.S.C. 8773 (2) Notice of availability Not later than 30 days after the date of enactment of this Act, the Secretary shall publish a notice in the Federal Register to inform dairy operations of the availability of basic production margin protection and supplemental production margin protection, including the terms of the protection and information about the option of dairy operations during the transition period to make an election described in paragraph (3). (3) Election Except as provided in paragraph (4), a dairy operation may elect to participate in either the milk income loss program established under section 1506 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773 (4) Transfer to production margin protection A dairy operation that elects to participate in the milk income loss program established under section 1506 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773 (e) Administration fee (1) Administration fee required Except as provided in paragraph (5), a participating dairy operation shall— (A) pay an administration fee under this subsection to register to participate in the production margin protection program; and (B) pay the administration fee annually thereafter to continue to participate in the production margin protection program. (2) Fee amount The administration fee for a participating dairy operation for a calendar year shall be based on the pounds of milk (in millions) marketed by the participating dairy operation in the previous calendar year, as follows: Pounds Marketed (in millions) Administration Fee less than 1 $100 1 to 5 $250 more than 5 to 10 $350 more than 10 to 40 $1,000 more than 40 $2,500. (3) Deposit of Fees All administration fees collected under this subsection shall be credited to the fund or account used to cover the costs incurred to administer the production margin protection program and the stabilization program and shall be available to the Secretary, without further appropriation and until expended, for use or transfer as provided in paragraph (4). (4) Use of Fees The Secretary shall use administration fees collected under this subsection— (A) to cover administrative costs of the production margin protection program and stabilization program; and (B) to cover costs of the Department of Agriculture relating to reporting of dairy market news, carrying out the amendments made by section 1476, and carrying out section 273 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1637b (5) Waiver The Secretary shall waive or reduce the administration fee required under paragraph (1) in the case of a limited-resource dairy operation, as defined by the Secretary. (f) Limitation A dairy operation may only participate in the production margin protection program or the livestock gross margin for dairy program under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. 1413. Production history of participating dairy operations (a) Production history for basic production margin protection (1) Determination required For purposes of providing basic production margin protection, the Secretary shall determine the basic production history of a participating dairy operation. (2) Calculation Except as provided in paragraph (3), the basic production history of a participating dairy operation for basic production margin protection is equal to the highest annual milk marketings of the participating dairy operation during any 1 of the 3 calendar years immediately preceding the calendar year in which the participating dairy operation first signed up to participate in the production margin protection program. (3) Election by new dairy operations In the case of a participating dairy operation that has been in operation for less than a year, the participating dairy operation shall elect 1 of the following methods for the Secretary to determine the basic production history of the participating dairy operation: (A) The volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount. (B) An estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd average data published by the Secretary. (4) No change in production history for basic production margin protection Once the basic production history of a participating dairy operation is determined under paragraph (2) or (3), the basic production history shall not be subsequently changed for purposes of determining the amount of any basic production margin protection payments for the participating dairy operation made under section 1414. (b) Annual production history for supplemental production margin protection (1) Determination required For purposes of providing supplemental production margin protection for a participating dairy operation that purchases supplemental production margin protection for a year under section 1415, the Secretary shall determine the annual production history of the participating dairy operation under paragraph (2). (2) Calculation The annual production history of a participating dairy operation for a year is equal to the actual milk marketings of the participating dairy operation during the preceding calendar year. (3) New dairy operations Subsection (a)(3) shall apply with respect to determining the annual production history of a participating dairy operation that has been in operation for less than a year. (c) Required information A participating dairy operation shall provide all information that the Secretary may require in order to establish— (1) the basic production history of the participating dairy operation under subsection (a); and (2) the production history of the participating dairy operation whenever the participating dairy operation purchases supplemental production margin protection under section 1415. (d) Transfer of production histories (1) Transfer by sale or lease In promulgating the rules to initiate the production margin protection program, the Secretary shall specify the conditions under which and the manner by which the production history of a participating dairy operation may be transferred by sale or lease. (2) Coverage level (A) Basic production margin protection A purchaser or lessee to whom the Secretary transfers a basic production history under this subsection shall not obtain a different level of basic production margin protection than the basic production margin protection coverage held by the seller or lessor from whom the transfer was obtained. (B) Supplemental production margin protection A purchaser or lessee to whom the Secretary transfers an annual production history under this subsection shall not obtain a different level of supplemental production margin protection coverage than the supplemental production margin protection coverage in effect for the seller or lessor from whom the transfer was obtained for the calendar year in which the transfer was made. (e) Movement and transfer of production history (1) Movement and transfer authorized Subject to paragraph (2), if a participating dairy operation moves from 1 location to another location, the participating dairy operation may transfer the basic production history and annual production history associated with the participating dairy operation. (2) Notification requirement A participating dairy operation shall notify the Secretary of any move of a participating dairy operation under paragraph (1). (3) Subsequent occupation of vacated location A party subsequently occupying a participating dairy operation location vacated as described in paragraph (1) shall have no interest in the basic production history or annual production history previously associated with the participating dairy operation at such location. 1414. Basic production margin protection (a) Payment threshold The Secretary shall make a payment to participating dairy operations in accordance with subsection (b) whenever the average actual dairy production margin for a consecutive 2-month period is less than $4.00 per hundredweight of milk. (b) Basic production margin protection payment The basic production margin protection payment for a participating dairy operation for a consecutive 2-month period shall be equal to the product obtained by multiplying— (1) the difference between the average actual dairy production margin for the consecutive 2-month period and $4.00, except that, if the difference is more than $4.00, the Secretary shall use $4.00; by (2) the lesser of— (A) 80 percent of the production history of the participating dairy operation, divided by 6; or (B) the actual quantity of milk marketed by the participating dairy operation during the consecutive 2-month period. 1415. Supplemental production margin protection (a) Election of supplemental production margin protection A participating dairy operation may annually purchase supplemental production margin protection to protect, during the calendar year for which purchased, a higher level of the income of a participating dairy operation than the income level guaranteed by basic production margin protection under section 1414. (b) Selection of payment threshold A participating dairy operation purchasing supplemental production margin protection for a year shall elect a coverage level that is higher, in any increment of $0.50, than the payment threshold for basic production margin protection specified in section 1414(a), but not to exceed $8.00. (c) Coverage percentage A participating dairy operation purchasing supplemental production margin protection for a year shall elect a percentage of coverage equal to not more than 90 percent, nor less than 25 percent, of the annual production history of the participating dairy operation. (d) Premiums for supplemental production margin protection (1) Premiums required A participating dairy operation that purchases supplemental production margin protection shall pay an annual premium equal to the product obtained by multiplying— (A) the coverage percentage elected by the participating dairy operation under subsection (c); (B) the annual production history of the participating dairy operation; and (C) the premium per hundredweight of milk, as specified in the applicable table under paragraph (2) or (3). (2) Premium per hundredweight for first 4 million pounds of production For the first 4,000,000 pounds of milk marketings included in the annual production history of a participating dairy operation, the premium per hundredweight corresponding to each coverage level specified in the following table is as follows: Coverage Level Premium per Cwt. $4.50 $0.01 $5.00 $0.02 $5.50 $0.035 $6.00 $0.045 $6.50 $0.09 $7.00 $0.40 $7.50 $0.60 $8.00 $0.95. (3) Premium per hundredweight for production in excess of 4 million pounds For milk marketings in excess of 4,000,000 pounds included in the annual production history of a participating dairy operation, the premium per hundredweight corresponding to each coverage level is as follows: Coverage Level Premium per Cwt. $4.50 $0.02 $5.00 $0.04 $5.50 $0.10 $6.00 $0.15 $6.50 $0.29 $7.00 $0.62 $7.50 $0.83 $8.00 $1.06. (4) Time for payment In promulgating the rules to initiate the production margin protection program, the Secretary shall provide more than 1 method by which a participating dairy operation that purchases supplemental production margin protection for a calendar year may pay the premium under this subsection for that year in any manner that maximizes participating dairy operation payment flexibility and program integrity. (e) Premium obligations (1) Pro-ration of premium for new dairy operations A participating dairy operation described in section 1412(c)(2) that purchases supplemental production margin protection for a calendar year after the start of the calendar year shall pay a pro-rated premium for that calendar year based on the portion of the calendar year for which the participating dairy operation purchases the coverage. (2) Legal obligation A participating dairy operation that purchases supplemental production margin protection for a calendar year shall be legally obligated to pay the applicable premium for that calendar year, except that the Secretary may waive that obligation, under terms and conditions determined by the Secretary, for 1 or more producers in any participating dairy operation in the case of death, retirement, permanent dissolution of a participating dairy operation, or other circumstances as the Secretary considers appropriate to ensure the integrity of the program. (f) Supplemental payment threshold A participating dairy operation with supplemental production margin protection shall receive a supplemental production margin protection payment whenever the average actual dairy production margin for a consecutive 2-month period is less than the coverage level threshold selected by the participating dairy operation under subsection (b). (g) Supplemental production margin protection payments (1) In general The supplemental production margin protection payment for a participating dairy operation is in addition to the basic production margin protection payment. (2) Amount of payment The supplemental production margin protection payment for the participating dairy operation shall be determined as follows: (A) The Secretary shall calculate the difference between the coverage level threshold selected by the participating dairy operation under subsection (b) and the greater of— (i) the average actual dairy production margin for the consecutive 2-month period; or (ii) $4.00. (B) The amount determined under subparagraph (A) shall be multiplied by the percentage selected by the participating dairy operation under subsection (c) and by the lesser of the following: (i) The annual production history of the participating dairy operation, divided by 6. (ii) The actual amount of milk marketed by the participating dairy operation during the consecutive 2-month period. 1416. Effect of failure to pay administration fees or premiums (a) Loss of benefits A participating dairy operation that fails to pay the required administration fee under section 1412 or is in arrears on premium payments for supplemental production margin protection under section 1415— (1) remains legally obligated to pay the administration fee or premiums, as the case may be; and (2) may not receive basic production margin protection payments or supplemental production margin protection payments until the fees or premiums are fully paid. (b) Enforcement The Secretary may take such action as necessary to collect administration fees and premium payments for supplemental production margin protection. B Dairy market stabilization program 1431. Establishment of dairy market stabilization program (a) Program required; purpose Effective not later than 120 days after the effective date of this subtitle, the Secretary shall establish and administer a dairy market stabilization program applicable to participating dairy operations for the purpose of assisting in balancing the supply of milk with demand when participating dairy operations are experiencing low or negative operating margins. (b) Election of stabilization program base calculation method (1) Election When a dairy operation signs up under section 1412 to participate in the production margin protection program, the dairy operation shall inform the Secretary of the method by which the stabilization program base for the participating dairy operation will be calculated under paragraph (3). (2) Change in calculation method A participating dairy operation may change the stabilization program base calculation method to be used for a calendar year by notifying the Secretary of the change not later than a date determined by the Secretary. (3) Calculation methods A participating dairy operation may elect either of the following methods for calculation of the stabilization program base for the participating dairy operation: (A) The volume of the average monthly milk marketings of the participating dairy operation for the 3 months immediately preceding the announcement by the Secretary that the stabilization program will become effective. (B) The volume of the monthly milk marketings of the participating dairy operation for the same month in the preceding year as the month for which the Secretary has announced the stabilization program will become effective. 1432. Threshold for implementation and reduction in dairy payments (a) When stabilization program required Except as provided in subsection (b), the Secretary shall announce that the stabilization program is in effect and order reduced payments by handlers to participating dairy operations that exceed the applicable percentage of the participating dairy operation’s stabilization program base whenever— (1) the actual dairy production margin has been $6.00 or less per hundredweight of milk for each of the immediately preceding 2 months; or (2) the actual dairy production margin has been $4.00 or less per hundredweight of milk for the immediately preceding month. (b) Exception If any of the conditions described in section 1436(b) have been met during the 2-month period immediately preceding the month in which the announcement under subsection (a) would otherwise be made by the Secretary in the absence of this exception, the Secretary shall— (1) suspend the stabilization program; (2) refrain from making the announcement under subsection (a) to implement order the stabilization payment; or (3) order reduced payments. (c) Effective date for implementation of payment reductions Reductions in dairy payments shall commence beginning on the first day of the month immediately following the date of the announcement by the Secretary under subsection (a). 1433. Milk marketings information (a) Collection of milk marketing data The Secretary shall establish, by regulation, a process to collect from participating dairy operations and handlers such information that the Secretary considers necessary for each month during which the stabilization program is in effect. (b) Reduce regulatory burden When implementing the process under subsection (a), the Secretary shall minimize the regulatory burden on participating dairy operations and handlers. 1434. Calculation and collection of reduced dairy operation payments (a) Reduced participating dairy operation payments required During any month in which payment reductions are in effect under the stabilization program, each handler shall reduce payments to each participating dairy operation from whom the handler receives milk. (b) Reductions based on actual dairy production margin (1) Reduction requirement 1 If the Secretary determines that the average actual dairy production margin has been less than $6.00 but greater than $5.00 per hundredweight of milk for 2 consecutive months, the handler shall make payments to a participating dairy operation for a month based on the greater of the following: (A) 98 percent of the stabilization program base of the participating dairy operation. (B) 94 percent of the marketings of milk for the month by the participating dairy operation. (2) Reduction requirement 2 If the Secretary determines that the average actual dairy production margin has been less than $5.00 but greater than $4.00 for 2 consecutive months, the handler shall make payments to a participating dairy operation for a month based on the greater of the following: (A) 97 percent of the stabilization program base of the participating dairy operation. (B) 93 percent of the marketings of milk for the month by the participating dairy operation. (3) Reduction requirement 3 If the Secretary determines that the average actual dairy production margin has been $4.00 or less for any 1 month, the handler shall make payments to a participating dairy operation for a month based on the greater of the following: (A) 96 percent of the stabilization program base of the participating dairy operation. (B) 92 percent of the marketings of milk for the month by the participating dairy operation. (c) Continuation of reductions The largest level of payment reduction required under paragraph (1), (2), or (3) of subsection (b) shall be continued for each month until the Secretary suspends the stabilization program and terminates payment reductions in accordance with section 1436. (d) Payment reduction exception Notwithstanding any preceding subsection of this section, a handler shall make no payment reductions for a participating dairy operation for a month if the participating dairy operation’s milk marketings for the month are equal to or less than the percentage of the stabilization program base applicable to the participating dairy operation under paragraph (1), (2), or (3) of subsection (b). 1435. Remitting funds to the Secretary and use of funds (a) Remitting funds As soon as practicable after the end of each month during which payment reductions are in effect under the stabilization program, each handler shall remit to the Secretary an amount equal to the amount by which payments to participating dairy operations are reduced by the handler under section 1434. (b) Deposit of remitted funds All funds received under subsection (a) shall be available to the Secretary, without further appropriation and until expended, for use or transfer as provided in subsection (c). (c) Use of funds (1) Availability for certain commodity donations Not later than 90 days after the funds described in subsection (a) are due as determined by the Secretary, the Secretary shall obligate the funds for the purpose of— (A) purchasing dairy products for donation to food banks and other programs that the Secretary determines appropriate; and (B) expanding consumption and building demand for dairy products. (2) No duplication of effort The Secretary shall ensure that expenditures under paragraph (1) are compatible with, and do not duplicate, programs supported by the dairy research and promotion activities conducted under the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). (3) Accounting The Secretary shall keep an accurate account of all funds expended under paragraph (1). (d) Annual Report Not later than December 31 of each year that the stabilization program is in effect, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that provides an accurate accounting of— (1) the funds received by the Secretary during the preceding fiscal year under subsection (a); (2) all expenditures made by the Secretary under subsection (b) during the preceding fiscal year; and (3) the impact of the stabilization program on dairy markets. (e) Enforcement If a participating dairy operation or handler fails to remit or collect the amounts by which payments to participating dairy operations are reduced under section 1434, the participating dairy operation or handler responsible for the failure shall be liable to the Secretary for the amount that should have been remitted or collected, plus interest. In addition to the enforcement authorities available under section 1437, the Secretary may enforce this subsection in the courts of the United States. 1436. Suspension of reduced payment requirement (a) Determination of prices For purposes of this section: (1) The price in the United States for cheddar cheese and nonfat dry milk shall be determined by the Secretary. (2) The world price of cheddar cheese and skim milk powder shall be determined by the Secretary. (b) Suspension thresholds The stabilization program shall be suspended or the Secretary shall refrain from making the announcement under section 1432(a) if the Secretary determines that— (1) the actual dairy production margin is greater than $6.00 per hundredweight of milk for 2 consecutive months; (2) the actual dairy production margin is equal to or less than $6.00 (but greater than $5.00) for 2 consecutive months, and during the same 2 consecutive months— (A) the price in the United States for cheddar cheese is equal to or greater than the world price of cheddar cheese; or (B) the price in the United States for nonfat dry milk is equal to or greater than the world price of skim milk powder; (3) the actual dairy production margin is equal to or less than $5.00 (but greater than $4.00) for 2 consecutive months, and during the same 2 consecutive months— (A) the price in the United States for cheddar cheese is more than 5 percent above the world price of cheddar cheese; or (B) the price in the United States for nonfat dry milk is more than 5 percent above the world price of skim milk powder; or (4) the actual dairy production margin is equal to or less than $4.00 for 2 consecutive months, and during the same 2 consecutive months— (A) the price in the United States for cheddar cheese is more than 7 percent above the world price of cheddar cheese; or (B) the price in the United States for nonfat dry milk is more than 7 percent above the world price of skim milk powder. (c) Implementation by handlers Effective on the day after the date of the announcement by the Secretary under subsection (b) of the suspension of the stabilization program, the handler shall cease reducing payments to participating dairy operations under the stabilization program. (d) Condition on resumption of stabilization program Upon the announcement by the Secretary under subsection (b) that the stabilization program has been suspended, the stabilization program may not be implemented again until, at the earliest— (1) 2 months have passed, beginning on the first day of the month immediately following the announcement by the Secretary; and (2) the conditions of section 1432(a) are again met. 1437. Enforcement (a) Unlawful act It shall be unlawful and a violation of the this subpart for any person subject to the stabilization program to willfully fail or refuse to provide, or delay the timely reporting of, accurate information and remittance of funds to the Secretary in accordance with this subpart. (b) Order After providing notice and opportunity for a hearing to an affected person, the Secretary may issue an order against any person to cease and desist from continuing any violation of this subpart. (c) Appeal An order of the Secretary under subsection (b) shall be final and conclusive unless an affected person files an appeal of the order of the Secretary in United States district court not later than 30 days after the date of the issuance of the order. A finding of the Secretary in the order shall be set aside only if the finding is not supported by substantial evidence. (d) Noncompliance with order If a person subject to this subpart fails to obey an order issued under subsection (b) after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate United States district court for enforcement of the order. If the court determines that the order was lawfully made and duly served and that the person violated the order, the court shall enforce the order. 1438. Audit requirements (a) Audits of dairy operation and handler compliance (1) Audits authorized If determined by the Secretary to be necessary to ensure compliance by participating dairy operations and handlers with the stabilization program, the Secretary may conduct periodic audits of participating dairy operations and handlers. (2) Sample of dairy operations Any audit conducted under this subsection shall include, at a minimum, investigation of a statistically valid and random sample of participating dairy operations. (b) Submission of results The Secretary shall submit the results of any audit conducted under subsection (a) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate and include such recommendations as the Secretary considers appropriate regarding the stabilization program. 1439. Study; report (a) In general The Secretary shall direct the Office of the Chief Economist to conduct a study of the impacts of the program established under section 1431(a). (b) Considerations The study conducted under subsection (a) shall consider— (1) the economic impact of the program throughout the dairy product value chain, including the impact on producers, processors, domestic customers, export customers, actual market growth and potential market growth, farms of different sizes, and different regions and States; and (2) the impact of the program on the competitiveness of the United States dairy industry in international markets. (c) Report Not later than December 1, 2017, the Office of the Chief Economist shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subsection (a). C Administration 1451. Duration The production margin protection program and the stabilization program shall end on December 31, 2018. 1452. Administration and enforcement (a) In general The Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out the production margin protection, supplemental production margin protection, and market stabilization programs. (b) Reconstitution and eligibility issues (1) Reconstitution Using authorities under section 1001(f) and 1001B of the Food Security Act of 1985 (7 U.S.C. 1308(f), 1308–2), the Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the sole purpose of the dairy producer— (A) receiving basic margin protection; (B) purchasing supplemental margin protection; or (C) avoiding participation in the market stabilization program. (2) Eligibility issues Using authorities under section 1001(f) and 1001B of the Food Security Act of 1985 ( 7 U.S.C. 1308(f) (A) to prohibit a scheme or device; (B) to provide for equitable relief; and (C) to provide for other issues affecting eligibility and liability issues. (3) Administrative appeals Using authorities under section 1001(h) of the Food Security Act of 1985 ( 7 U.S.C. 1308(h) 7 U.S.C. 6991 et seq. II Dairy market transparency 1461. Dairy product mandatory reporting (a) Definitions Section 272(1)(A) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1637a(1)(A) , or any other products that may significantly aid price discovery in the dairy markets, as determined by the Secretary of 1937 (b) Mandatory reporting for dairy products Section 273(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1637b(b) (1) by striking paragraph (1) and inserting the following new paragraph: (1) In general In establishing the program, the Secretary shall only— (A) (i) subject to the conditions described in paragraph (2), require each manufacturer to report to the Secretary, more frequently than once per month, information concerning the price, quantity, and moisture content of dairy products sold by the manufacturer and any other product characteristics that may significantly aid price discovery in the dairy markets, as determined by the Secretary; and (ii) modify the format used to provide the information on the day before the date of enactment of this subtitle to ensure that the information can be readily understood by market participants; and (B) require each manufacturer and other person storing dairy products (including dairy products in cold storage) to report to the Secretary, more frequently than once per month, information on the quantity of dairy products stored. ; and (2) in paragraph (2), by inserting or those that may significantly aid price discovery in the dairy markets Federal milk marketing order 1462. Federal milk marketing order information (a) Information clearinghouse (1) In general The Secretary shall, on behalf of each milk marketing order issued under the Agricultural Adjustment Act ( 7 U.S.C. 601 et seq. (2) Requirements Information under paragraph (1) shall include— (A) information on procedures by which cooperatives vote; (B) if applicable, information on the manner by which producers may cast an individual ballot; (C) in applicable, instructions on the manner in which to vote online; (D) due dates for each specific referendum; (E) the text of each referendum question under consideration; (F) a description in plain language of the question; (G) any relevant background information to the question; and (H) any other information that increases Federal milk marketing order transparency. (b) Notification list for upcoming referendum Each Federal milk marketing order shall— (1) make available the information described in subsection (b) through an Internet site; and (2) publicize the information in major agriculture and dairy-specific publications on upcoming referenda. (c) Study (1) In general The Secretary shall conduct a study of the feasibility of establishing 2 classes of milk, a fluid class and a manufacturing class, to replace the 4–class system in effect on the date of enactment of this Act in administering Federal milk marketing orders. (2) Federal Milk Market Order Review Commission The Secretary may elect to use the Federal Milk Market Order Review Commission established under section 1509(a) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 (3) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study required under this subsection, including any recommendations. III Repeal or reauthorization of other dairy-Related provisions 1471. Repeal of dairy product price support and milk income loss contract programs (a) Repeal of dairy product price support program Section 1501 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8771 (b) Repeal of milk income loss contract program (1) Payments under milk income loss contract program Section 1506(c)(3) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773(c)(3) (A) in subparagraph (A), by inserting and (B) in subparagraph (B), by striking August 31, 2013, 45 percent; and June 30, 2014, 45 percent. (C) by striking subparagraph (C). (2) Extension Section 1506(h)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773(h)(1)) is amended by striking September 30, 2013 June 30, 2014 (3) Repeal Effective July 1, 2014, section 1506 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773) is repealed. 1472. Repeal of dairy export incentive program (a) Repeal Section 153 of the Food Security Act of 1985 ( 15 U.S.C. 713a–14 (b) Conforming amendments Section 902(2) of the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201(2) (1) by striking subparagraph (D); and (2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. 1473. Extension of dairy forward pricing program Section 1502(e) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8772(e) (1) in paragraph (1), by striking 2012 2018 (2) in paragraph (2), by striking 2015 2021 1474. Extension of dairy indemnity program Section 3 of Public Law 90–484 2012 2018 1475. Extension of dairy promotion and research program Section 113(e)(2) of the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. 4504(e)(2) 2012 2018 1476. Extension of Federal Milk Marketing Order Review Commission Section 1509(a) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 or other funds Subject to the availability of appropriations IV Federal milk marketing order reform 1481. Federal milk marketing orders (a) Amendments The Secretary shall provide an analysis on the effects of amending each Federal milk marketing order issued under section 8c of the Agricultural Adjustment Act ( 7 U.S.C. 608c milk marketing order (b) Use of end-Product price formulas In carrying out subsection (a), the Secretary shall— (1) consider replacing the use of end-product price formulas with other pricing alternatives; and (2) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the findings of the Secretary on the impact of the action considered under paragraph (1). V Effective date 1491. Effective date Except as otherwise provided in this subtitle, this subtitle and the amendments made by this subtitle take effect on October 1, 2013. E Supplemental agricultural disaster assistance programs 1501. Supplemental agricultural disaster assistance programs (a) Definitions In this section: (1) Eligible producer on a farm (A) In general The term eligible producer on a farm (B) Description An individual or entity referred to in subparagraph (A) is— (i) a citizen of the United States; (ii) a resident alien; (iii) a partnership of citizens of the United States; or (iv) a corporation, limited liability corporation, or other farm organizational structure organized under State law. (2) Farm (A) In general The term farm (B) Aquaculture In the case of aquaculture, the term farm (C) Honey In the case of honey, the term farm (3) Farm-raised fish The term farm-raised fish (4) Livestock The term livestock (A) cattle (including dairy cattle); (B) bison; (C) poultry; (D) sheep; (E) swine; (F) horses; and (G) other livestock, as determined by the Secretary. (b) Livestock indemnity payments (1) Payments For each of fiscal years 2012 through 2018, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to make livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality, as determined by the Secretary, due to— (A) attacks by animals reintroduced into the wild by the Federal Government or protected by Federal law, including wolves; or (B) adverse weather, as determined by the Secretary, during the calendar year, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold. (2) Payment rates Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 65 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary. (3) Special rule for payments made due to disease The Secretary shall ensure that payments made to an eligible producer under paragraph (1) are not made for the same livestock losses for which compensation is provided pursuant to section 10407(d) of the Animal Health Protection Act ( 7 U.S.C. 8306(d) (c) Livestock forage disaster program (1) Establishment There is established a livestock forage disaster program to provide 1 source for livestock forage disaster assistance for weather-related forage losses, as determined by the Secretary, by combining— (A) the livestock forage assistance functions of— (i) the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 (ii) the emergency assistance for livestock, honey bees, and farm-raised fish program under section 531(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1531(e) (B) the livestock forage disaster program under section 531(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1531(d) (2) Definitions In this subsection: (A) Covered livestock (i) In general Except as provided in clause (ii), the term covered livestock (I) owned; (II) leased; (III) purchased; (IV) entered into a contract to purchase; (V) was a contract grower; or (VI) sold or otherwise disposed of due to an eligible forage loss during— (aa) the current production year; or (bb) subject to paragraph (4)(B)(ii), 1 or both of the 2 production years immediately preceding the current production year. (ii) Exclusion The term covered livestock (B) Drought monitor The term drought monitor (C) Eligible forage loss The term eligible forage loss (i) is grown on land that is native or improved pastureland with permanent vegetative cover; or (ii) is a crop planted specifically for the purpose of providing grazing for covered livestock of an eligible livestock producer. (D) Eligible livestock producer (i) In general The term eligible livestock producer (I) is an owner, cash or share lessee, or contract grower of covered livestock that provides the pastureland or grazing land, including cash-leased pastureland or grazing land, for the covered livestock; (II) provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county affected by an eligible forage loss; (III) certifies the eligible forage loss; and (IV) meets all other eligibility requirements established under this subsection. (ii) Exclusion The term eligible livestock producer (E) Normal carrying capacity The term normal carrying capacity (F) Normal grazing period The term normal grazing period (3) Program For each of fiscal years 2012 through 2018, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide compensation under paragraphs (4) through (6), as determined by the Secretary for eligible forage losses affecting covered livestock of eligible livestock producers. (4) Assistance for eligible forage losses due to drought conditions (A) Eligible forage losses (i) In general An eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to drought on land that— (I) is native or improved pastureland with permanent vegetative cover; or (II) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock. (ii) Exclusions An eligible livestock producer may not receive assistance under this paragraph for eligible forage losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), unless the land is grassland eligible for the conservation reserve program under section 1231(d)(2) of the Food Security Act of 1985 (16 U.S.C. 3831(d)(2)) (as amended by section 2001). (B) Monthly payment rate (i) In general Except as provided in clause (ii), the payment rate for assistance for 1 month under this paragraph shall, in the case of drought, be equal to 60 percent of the lesser of— (I) the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer, as determined under subparagraph (C); or (II) the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer. (ii) Partial compensation In the case of an eligible livestock producer that sold or otherwise disposed of covered livestock due to drought conditions in 1 or both of the 2 production years immediately preceding the current production year, as determined by the Secretary, the payment rate shall be 80 percent of the payment rate otherwise calculated in accordance with clause (i). (C) Monthly feed cost (i) In general The monthly feed cost shall equal the product obtained by multiplying— (I) 30 days; (II) a payment quantity that is equal to the feed grain equivalent, as determined under clause (ii); and (III) a payment rate that is equal to the corn price per pound, as determined under clause (iii). (ii) Feed grain equivalent For purposes of clause (i)(II), the feed grain equivalent shall equal— (I) in the case of an adult beef cow, 15.7 pounds of corn per day; or (II) in the case of any other type of weight of livestock, an amount determined by the Secretary that represents the average number of pounds of corn per day necessary to feed the livestock. (iii) Corn price per pound For purposes of clause (i)(III), the corn price per pound shall equal the quotient obtained by dividing— (I) the higher of— (aa) the national average corn price per bushel for the 12-month period immediately preceding March 1 of the year for which the disaster assistance is calculated; or (bb) the national average corn price per bushel for the 24-month period immediately preceding that March 1; by (II) 56. (D) Normal grazing period and drought monitor intensity (i) FSA county committee determinations (I) In general The Secretary shall determine the normal carrying capacity and normal grazing period for each type of grazing land or pastureland in the county served by the applicable Farm Service Agency committee. (II) Changes No change to the normal carrying capacity or normal grazing period established for a county under subclause (I) shall be made unless the change is requested by the appropriate State and county Farm Service Agency committees. (ii) Drought intensity (I) D 2 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having a D2 (severe drought) intensity in any area of the county for at least 8 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subparagraph (B). (II) D 3 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D3 (extreme drought) intensity in any area of the county at any time during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph— (aa) in an amount equal to 3 monthly payments using the monthly payment rate determined under subparagraph (B); (bb) if the county is rated as having a D3 (extreme drought) intensity in any area of the county for at least 4 weeks during the normal grazing period for the county, or is rated as having a D4 (exceptional drought) intensity in any area of the county at any time during the normal grazing period, in an amount equal to 4 monthly payments using the monthly payment rate determined under subparagraph (B); or (cc) if the county is rated as having a D4 (exceptional drought) intensity in any area of the county for at least 4 weeks during the normal grazing period, in an amount equal to 5 monthly payments using the monthly rate determined under subparagraph (B). (iii) Annual payment based on drought conditions determined by means other than the U.S. Drought Monitor (I) In general An eligible livestock producer that owns grazing land or pastureland that is physically located in a county that has experienced on average, over the preceding calendar year, precipitation levels that are 50 percent or more below normal levels, according to sufficient documentation as determined by the Secretary, may be eligible, subject to a determination by the Secretary, to receive assistance under this paragraph in an amount equal to not more than 1 monthly payment using the monthly payment rate under subparagraph (B). (II) No duplicate payment A producer may not receive a payment under both clause (ii) and this clause. (5) Assistance for losses due to fire on public managed land (A) In general An eligible livestock producer may receive assistance under this paragraph only if— (i) the eligible forage losses occur on rangeland that is managed by a Federal agency; and (ii) the eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire. (B) Payment rate The payment rate for assistance under this paragraph shall be equal to 50 percent of the monthly feed cost for the total number of livestock covered by the Federal lease of the eligible livestock producer, as determined under paragraph (4)(C). (C) Payment duration (i) In general Subject to clause (ii), an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period— (I) beginning on the date on which the Federal agency excludes the eligible livestock producer from using the managed rangeland for grazing; and (II) ending on the last day of the Federal lease of the eligible livestock producer. (ii) Limitation An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year. (6) Assistance for eligible forage losses due to other than drought or fire (A) Eligible forage losses (i) In general Subject to subparagraph (B), an eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to weather-related conditions other than drought or fire on land that— (I) is native or improved pastureland with permanent vegetative cover; or (II) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock. (ii) Exclusions An eligible livestock producer may not receive assistance under this paragraph for eligible forage losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), unless the land is grassland eligible for the conservation reserve program under section 1231(d)(2) of the Food Security Act of 1985 (16 U.S.C. 3831(d)(2)) (as amended by section 2001). (B) Payments for eligible forage losses (i) In general The Secretary shall provide assistance under this paragraph to an eligible livestock producer for eligible forage losses that occur due to weather-related conditions other than— (I) drought under paragraph (4); and (II) fire on public managed land under paragraph (5). (ii) Terms and conditions The Secretary shall establish terms and conditions for assistance under this paragraph that are consistent with the terms and conditions for assistance under this subsection. (7) No duplicative payments An eligible livestock producer may elect to receive assistance for eligible forage losses under either paragraph (4), (5), or (6), if applicable, but may not receive assistance under more than 1 of those paragraphs for the same loss, as determined by the Secretary. (8) Determinations by Secretary A determination made by the Secretary under this subsection shall be final and conclusive. (d) Emergency assistance for livestock, honey bees, and farm-Raised fish (1) In general For each of fiscal years 2012 through 2018, the Secretary shall use not more than $5,000,000 of the funds of the Commodity Credit Corporation to provide emergency relief to eligible producers of livestock, honey bees, and farm-raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b) or (c). (2) Use of funds Funds made available under this subsection shall be used to reduce losses caused by feed or water shortages, disease, or other factors as determined by the Secretary. (3) Availability of funds Any funds made available under this subsection shall remain available until expended. (e) Tree assistance program (1) Definitions In this subsection: (A) Eligible orchardist The term eligible orchardist (B) Natural disaster The term natural disaster (C) Nursery tree grower The term nursery tree grower (D) Tree The term tree (2) Eligibility (A) Loss Subject to subparagraph (B), for each of fiscal years 2012 through 2018, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance— (i) under paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary; and (ii) under paragraph (3)(B) to eligible orchardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster, as determined by the Secretary. (B) Limitation An eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph (A) only if the tree mortality of the eligible orchardist or nursery tree grower, as a result of damaging weather or related condition, exceeds 15 percent (adjusted for normal mortality). (3) Assistance Subject to paragraph (4), the assistance provided by the Secretary to eligible orchardists and nursery tree growers for losses described in paragraph (2) shall consist of— (A) (i) reimbursement of 65 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality); or (ii) at the option of the Secretary, sufficient seedlings to reestablish a stand; and (B) reimbursement of 50 percent of the cost of pruning, removal, and other costs incurred by an eligible orchardist or nursery tree grower to salvage existing trees or, in the case of tree mortality, to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster, as determined by the Secretary, in excess of 15 percent damage or mortality (adjusted for normal tree damage and mortality). (4) Limitations on assistance (A) Definitions of legal entity and person In this paragraph, the terms legal entity person 7 U.S.C. 1308(a) (B) Amount The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $100,000 for any crop year, or an equivalent value in tree seedlings. (C) Acres The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed 500 acres. (f) Payments (1) Payment limitations (A) Definitions of legal entity and person In this subsection, the terms legal entity person (B) Amount The total amount of disaster assistance payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this section (excluding payments received under subsection (e)) may not exceed $100,000 for any crop year. (C) Direct attribution Subsections (d) and (e) of section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 (2) Payment delivery The Secretary shall make payments under this section after October 1, 2013, for losses incurred in the 2012 and 2013 fiscal years, and as soon as practicable for losses incurred in any year thereafter. F Administration 1601. Administration generally (a) Use of Commodity Credit Corporation The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. (b) Determinations by Secretary A determination made by the Secretary under this title shall be final and conclusive. (c) Regulations (1) In general Except as otherwise provided in this subsection, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this title and the amendments made by this title. (2) Procedure The promulgation of the regulations and administration of this title and the amendments made by this title and sections 11001 and 11011 shall be made without regard to— (A) the notice and comment provisions of section 553 (B) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act (C) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking. (3) Congressional review of agency rulemaking In carrying out this subsection, the Secretary shall use the authority provided under section 808 (d) Adjustment Authority Related to Trade Agreements Compliance (1) Required determination; adjustment If the Secretary determines that expenditures under this title that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 (2) Congressional notification Before making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the determination made under that paragraph and the extent of the adjustment to be made. 1602. Suspension of permanent price support authority (a) Agricultural Adjustment Act of 1938 The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 2014 through 2018 crops of covered commodities (as defined in section 1104), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2018: (1) Parts II through V of subtitle B of title III ( 7 U.S.C. 1326 et seq. (2) In the case of upland cotton, section 377 ( 7 U.S.C. 1377 (3) Subtitle D of title III ( 7 U.S.C. 1379a et seq. (4) Title IV (7 U.S.C. 1401 et seq.). (b) Agricultural Act of 1949 The following provisions of the Agricultural Act of 1949 shall not be applicable to the 2014 through 2018 crops of covered commodities (as defined in section 1104), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act and through December 31, 2018: (1) Section 101 (7 U.S.C. 1441). (2) Section 103(a) (7 U.S.C. 1444(a)). (3) Section 105 (7 U.S.C. 1444b). (4) Section 107 (7 U.S.C. 1445a). (5) Section 110 (7 U.S.C. 1445e). (6) Section 112 (7 U.S.C. 1445g). (7) Section 115 (7 U.S.C. 1445k). (8) Section 201 (7 U.S.C. 1446). (9) Title III (7 U.S.C. 1447 et seq.). (10) Title IV (7 U.S.C. 1421 et seq.), other than sections 404, 412, and 416 ( 7 U.S.C. 1424 (11) Title V (7 U.S.C. 1461 et seq.). (12) Title VI (7 U.S.C. 1471 et seq.). (c) Suspension of certain quota provisions The joint resolution entitled A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended 1603. Payment limitations (a) In general Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended by striking subsections (b) and (c) and inserting the following: (b) Limitation on payments for peanuts and other covered commodities The total amount of payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) for any crop year under subtitle A of title I of the Agriculture Reform, Food, and Jobs Act of 2013 (1) peanuts may not exceed $50,000; and (2) 1 or more other covered commodities may not exceed $50,000. . (b) Limitation on marketing loan gains and loan deficiency payments for peanuts and other covered commodities Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended by striking subsection (d) and inserting the following: (d) Limitation on marketing loan gains and loan deficiency payments for peanuts and other covered commodities The total amount of marketing loan gains and loan deficiency payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) for any crop year under subtitle B of the Agriculture Reform, Food, and Jobs Act of 2013 (1) peanuts may not exceed $75,000; and (2) 1 or more other covered commodities may not exceed $75,000. . (c) Conforming amendments (1) Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 (A) in subsection (a)(1), by striking section 1001 of the Food, Conservation, and Energy Act of 2008 section 1104 of the Agriculture Reform, Food, and Jobs Act of 2013 (B) in subsection (e)— (i) in paragraph (1), by striking subsections (b) and (c) and a program described in paragraphs (1)(C) subsection (b) and a program described in paragraph (1)(B) (ii) in paragraph (3)(B), by striking subsections (b) and (c) subsection (b) (C) in subsection (f)— (i) by striking or title XII , title I of the Agriculture Reform, Food, and Jobs Act of 2013 (ii) in paragraph (2), by striking Subsections (b) and (c) Subsection (b) (iii) in paragraph (4)(B), by striking subsection (b) or (c) subsection (b) (iv) in paragraph (5)— (I) in subparagraph (A), by striking subsection (d) subsection (c) (II) in subparagraph (B), by striking subsection (b), (c), or (d) subsection (b) or (c) (v) in paragraph (6)— (I) in subparagraph (A), by striking subsection (d), except as provided in subsection (g) subsection (c), except as provided in subsection (f) (II) in subparagraph (B), by striking subsections (b), (c), and (d) subsections (b) and (c) (D) in subsection (g)— (i) in paragraph (1)— (I) bv striking subsection (f)(6)(A) subsection (e)(6)(A) (II) by striking subsection (b) or (c) subsection (b) (ii) in paragraph (2)(A), by striking subsections (b) and (c) subsection (b) (E) by redesignating subsections (d) through (h) as subsections (c) through (g), respectively. (2) Section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 (A) in subsection (a), by striking subsections (b) and (c) subsection (b) (B) in subsection (b)(1), by striking subsection (b) or (c) subsection (b) (3) Section 1001B(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308–2(a) subsections (b) and (c) subsection (b) (4) Section 1001C(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308–3(a) title I of the Agriculture Reform, Food, and Jobs Act of 2013 2008, (d) Application The amendments made by this section shall apply beginning with the 2013 crop year. 1604. Payments limited to active farmers Section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 (1) in subsection (b)(2)— (A) by striking or active personal management (B) in subparagraph (C), by striking , as applied to the legal entity, are met by the legal entity, the partners or members making a significant contribution of personal labor or active personal management are met by partners or members making a significant contribution of personal labor, those partners or members (2) in subsection (c)— (A) in paragraph (1)— (i) by striking subparagraph (A) and inserting the following: (A) the landowner share-rents the land at a rate that is usual and customary; ; (ii) in subparagraph (B), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (C) the share of the payments received by the landowner is commensurate with the share of the crop or income received as rent. ; (B) in paragraph (2)(A), by striking active personal management or (C) in paragraph (5)— (i) by striking (5) (A) In general (5) Custom farming services A person ; (ii) by inserting under usual and customary terms services (iii) by striking subparagraph (B); and (D) by adding at the end the following: (7) Farm managers A person who otherwise meets the requirements of this subsection other than (b)(2)(A)(i)(II) shall be considered to be actively engaged in farming, as determined by the Secretary, with respect to the farming operation, including a farming operation that is a sole proprietorship, a legal entity such as a joint venture or general partnership, or a legal entity such as a corporation or limited partnership, if the person— (A) makes a significant contribution of management to the farming operation necessary for the farming operation, taking into account— (i) the size and complexity of the farming operation; and (ii) the management requirements normally and customarily required by similar farming operations; (B) is the only person in the farming operation qualifying as actively engaged in farming; (C) does not use the management contribution under this paragraph to qualify as actively engaged in more than 1 farming operation; and (D) manages a farm operation that does not substantially share equipment, labor, or management with persons or legal entities that with the person collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b). . 1605. Adjusted gross income limitation (a) In general Section 1001D(b)) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended by striking paragraph (1) and inserting the following: (1) Commodity programs (A) Limitation Notwithstanding any other provision of law, a person or legal entity shall not be eligible to receive any benefit described in subparagraph (B) during a crop, fiscal or program year, as appropriate, if the average adjusted gross income (or comparable measure over the 3 taxable years preceding the most immediately preceding complete taxable year, as determined by the Secretary) of the person or legal entity exceeds $750,000. (B) Covered benefits Subparagraph (A) applies with respect to the following: (i) A payment under section 1105 of the Agriculture Reform, Food, and Jobs Act of 2013 (ii) A marketing loan gain or loan deficiency payment under subtitle B of title I of the Agriculture Reform, Food, and Jobs Act of 2013 (iii) A payment under subtitle E of the Agriculture Reform, Food, and Jobs Act of 2013 . (iv) A payment under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). . (b) Application The amendments made by this section shall apply beginning with the 2013 crop year. 1606. Geographically disadvantaged farmers and ranchers Section 1621(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8792(d) 2012 2018 1607. Personal liability of producers for deficiencies Section 164 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7284 and title I of the Food, Conservation, and Energy Act of 2008 title I of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8702 et seq. Agriculture Reform, Food, and Jobs Act of 2013 1608. Prevention of deceased individuals receiving payments under farm commodity programs (a) Reconciliation At least twice each year, the Secretary shall reconcile social security numbers of all individuals who receive payments under this title, whether directly or indirectly, with the Commissioner of Social Security to determine if the individuals are alive. (b) Preclusion The Secretary shall preclude the issuance of payments to, and on behalf of, deceased individuals that were not eligible for payments. 1609. Appeals (a) Direction, control, and support Section 272 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6992 (c) Direction, control, and support (1) Direction and control (A) In general Except as provided in paragraph (2), the Director shall be free from the direction and control of any person other than the Secretary or the Deputy Secretary of Agriculture. (B) Administrative support The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary. (C) Prohibition on delegation The Secretary may not delegate to any other officer or employee of the Department, other than the Deputy Secretary of Agriculture or the Director, the authority of the Secretary with respect to the Division. (2) Exception The Assistant Secretary for Administration is authorized to investigate, enforce, and implement the provisions in law, Executive order, or regulations that relate in general to competitive and excepted service positions and employment within the Division, including the position of Director, and such authority may be further delegated to subordinate officials. . (b) Determination of appealability of agency decisions Section 272 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6992 (d) Determination of appealability of agency decisions (1) Definition of a matter of general applicability In this subsection, the term a matter of general applicability (2) Matters not subject to appeal The Division may not hear appeals— (A) unless the determination of the agency is adverse to the appellant; (B) that involve matters of general applicability; and (C) that involve requests for equitable relief unless the equitable relief has been denied by the agency. (3) Equitable relief (A) In general An appeal requesting equitable relief may not be granted by the Director to an appellant unless, using the rules and practices that the agency applies to itself, the agency could in fact have granted the relief because the appellant acted in good faith, but failed to fully comply with the requirement of the rule or practice of the agency. (B) Remand If it cannot be determined whether the agency would have granted equitable relief because the appellant acted in good faith, but failed to comply with the rule or practice of the agency, the matter shall be remanded to the agency for further consideration. (4) Determination of appealability If an officer, employee, or committee of an agency determines that a decision is not appealable and a participant appeals the decision to the Director, the Director shall determine whether the decision is adverse to the individual participant and appealable or is a matter of general applicability and not subject to appeal. (5) Appealability of determination The determination of the Director as to whether a decision is appealable is final. . (c) Equitable relief Section 278 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6998 (d) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) (1) in paragraph (6)(C), by striking or (2) in paragraph (7), by striking the period at the end and inserting ; or (3) by adding at the end the following: (8) the authority of the Secretary to carry out amendments to sections 272 and 278 made by the Agriculture Reform, Food, and Jobs Act of 2013 . 1610. Technical corrections (a) Section 359f(c)(1)(B) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(B)) is amended by adding a period at the end. (b) (1) Section 1603(g) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 1703(a) 1603(a) (2) This subsection and the amendments made by this subsection take effect as if included in the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 1611. Assignment of payments (a) In general The provisions of section 8(g) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(g) (b) Notice The producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require, of any assignment made under this section. 1612. Tracking of benefits As soon as practicable after the date of enactment of this Act, the Secretary may track the benefits provided, directly or indirectly, to individuals and entities under titles I and II and the amendments made by those titles. 1613. Signature authority (a) In general In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature. (b) Affirmation (1) In general Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a). (2) No retroactive effect A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers— (A) relied on the prior approval by the Secretary of the documents in good faith; and (B) substantively complied with all program requirements. 1614. Implementation (a) Streamlining In implementing this title, the Secretary shall, to the maximum extent practicable— (1) seek to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements; (2) improve coordination, information sharing, and administrative work with the Risk Management Agency and the Natural Resources Conservation Service; and (3) take advantage of new technologies to enhance efficiency and effectiveness of program delivery to producers. (b) Implementation On October 1, 2013, the Secretary shall make available to the Farm Service Agency to carry out this title $100,000,000. II Conservation A Conservation Reserve Program 2001. Extension and enrollment requirements of conservation reserve program (a) Extension Section 1231(a) of the Food Security Act of 1985 ( 16 U.S.C. 3831(a) 2012 2018 (b) Eligible land Section 1231(b) of the Food Security Act of 1985 ( 16 U.S.C. 3831(b) (1) in paragraph (1)(B), by striking the date of enactment of the Food, Conservation, and Energy Act of 2008 the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (2) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (3) by inserting before paragraph (4) the following: (3) grassland that— (A) contains forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use; (B) is located in an area historically dominated by grassland; and (C) could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition; ; (4) in paragraph (4)(C), by striking filterstrips devoted to trees or shrubs filterstrips and riparian buffers devoted to trees, shrubs, or grasses (5) by striking paragraph (5) and inserting the following: (5) the portion of land in a field not enrolled in the conservation reserve in a case in which— (A) more than 50 percent of the land in the field is enrolled as a buffer or filterstrip or more than 75 percent of the land in the field is enrolled in a practice other than as a buffer or filterstrip; and (B) the remainder of the field is— (i) infeasible to farm; and (ii) enrolled at regular rental rates. . (c) Planting Status of Certain Land Section 1231(c) of the Food Security Act of 1985 ( 16 U.S.C. 3831(c) if if, during the crop year, the land was devoted to a conserving use. (d) Enrollment Section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 (d) Enrollment (1) Maximum acreage enrolled The Secretary may maintain in the conservation reserve at any 1 time during— (A) fiscal year 2013, no more than 32,000,000 acres; (B) fiscal year 2014, no more than 30,000,000 acres; (C) fiscal year 2015, no more than 27,500,000 acres; (D) fiscal year 2016, no more than 26,500,000 acres; (E) fiscal year 2017, no more than 25,500,000 acres; and (F) fiscal year 2018, no more than 25,000,000 acres. (2) Grassland (A) Limitation For purposes of applying the limitations in paragraph (1), no more than 1,500,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any 1 time during the 2014 through 2018 fiscal years. (B) Priority In enrolling acres under subparagraph (A), the Secretary may give priority to land with expiring conservation reserve program contracts. (C) Method of enrollment In enrolling acres under subparagraph (A), the Secretary shall make the program available to owners or operators of eligible land at least once during each fiscal year. . (e) Duration of contract Section 1231(e) of the Food Security Act of 1985 ( 16 U.S.C. 3831(e) (2) Special rule for certain land In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subchapter, the owner or operator of the land may, within the limitations prescribed under this section, specify the duration of the contract. . (f) Conservation priority areas Section 1231(f) of the Food Security Act of 1985 ( 16 U.S.C. 3831(f) (1) in paragraph (1), by striking watershed areas of the Chesapeake Bay Region, the Great Lakes Region, the Long Island Sound Region, and other (2) in paragraph (2), by striking watersheds areas (3) in paragraph (3), by striking a watershed’s designation— an area’s designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities. 2002. Farmable wetland program (a) Extension Section 1231B(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(a)(1) (1) by striking 2012 2018 (2) by striking a program a farmable wetland program (b) Eligible acreage Section 1231B(b)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(b)(1)(B) flow from a row crop agriculture drainage system surface and subsurface flow from row crop agricultural production (c) Clerical amendments Section 1231B of the Food Security Act of 1985 ( 16 U.S.C. 3831b (1) by striking the heading and inserting the following: 1231B. Farmable wetland program ; and (2) in subsection (f)(2), by striking section 1234(c)(2)(B) section 1234(c)(2)(A)(ii) 2003. Duties of owners and operators (a) Limitation on harvesting, grazing or commercial use of forage Section 1232(a)(8) of the Food Security Act of 1985 ( 16 U.S.C. 3832(a)(8) except that except as provided in section 1233(b); (b) Conservation plan requirements Section 1232 of the Food Security Act of 1985 ( 16 U.S.C. 3832 (b) Conservation plans The plan referred to in subsection (a)(1) shall set forth— (1) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and (2) the commercial use, if any, to be permitted on the land during the term. . (c) Rental payment reduction Section 1232 of the Food Security Act of 1985 ( 16 U.S.C. 3832 2004. Duties of the Secretary Section 1233 of the Food Security Act of 1985 ( 16 U.S.C. 3833 1233. Duties of the Secretary (a) Cost-Share and rental payments In return for a contract entered into by an owner or operator, the Secretary shall— (1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest; and (2) for a period of years not in excess of the term of the contract, pay an annual rental payment in an amount necessary to compensate for— (A) the conversion of highly erodible cropland or other eligible land normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; (B) the retirement of any cropland base and allotment history that the owner or operator agrees to retire permanently; and (C) the development and management of grassland for multiple natural resource conservation benefits, including soil, water, air, and wildlife. (b) Specified activities permitted The Secretary shall permit certain activities or commercial uses of land that is subject to the contract if those activities or uses are consistent with a plan approved by the Secretary and include— (1) harvesting, grazing, or other commercial use of the forage in response to drought, flooding, or other emergency without any reduction in the rental rate; (2) grazing by livestock of a beginning farmer or rancher without any reduction in the rental rate, if the grazing is— (A) consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during the primary nesting season for critical birds in the area); and (B) described in subparagraph (B) or (C) of paragraph (3); (3) consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during the primary nesting season for critical birds in the area) and in exchange for a reduction of not less than 25 percent in the annual rental rate for the acres covered by the authorized activity— (A) managed harvesting and other commercial use (including the managed harvesting of biomass), except that in permitting those activities the Secretary, in coordination with the State technical committee— (i) shall develop appropriate vegetation management requirements; and (ii) shall identify periods during which the activities may be conducted, such that the frequency is at least once every 5 years but not more than once every 3 years; (B) prescribed grazing for the control of invasive species, which may be conducted annually; (C) routine grazing, except that in permitting routine grazing, the Secretary, in coordination with the State technical committee— (i) shall develop appropriate vegetation management requirements and stocking rates for the land that are suitable for continued routine grazing; and (ii) shall identify the periods during which routine grazing may be conducted, such that the frequency is not more than once every 2 years, taking into consideration regional differences such as— (I) climate, soil type, and natural resources; (II) the number of years that should be required between routine grazing activities; and (III) how often during a year in which routine grazing is permitted that routine grazing should be allowed to occur; and (D) the installation of wind turbines and associated access, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account— (i) the location, size, and other physical characteristics of the land; (ii) the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and (iii) the purposes of the conservation reserve program under this subchapter; and (4) the intermittent and seasonal use of vegetative buffer practices incidental to agricultural production on land adjacent to the buffer such that the permitted use does not destroy the permanent vegetative cover. (c) Authorized activities on grassland Notwithstanding section 1232(a)(8), for eligible land described in section 1231(b)(3), the Secretary shall permit the following activities: (1) Common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species appropriate to that locality. (2) Haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the primary nesting season for critical birds in the area. (3) Fire presuppression, rehabilitation, and construction of fire breaks. (4) Grazing-related activities, such as fencing and livestock watering. (d) Resource conserving use (1) In general Beginning on the date that is 1 year before the date of termination of a contract under the program, the Secretary shall allow an owner or operator to make conservation and land improvements that facilitate maintaining protection of highly erodible land after expiration of the contract. (2) Conservation plan The Secretary shall require an owner or operator carrying out the activities described in paragraph (1) to develop and implement a conservation plan. (3) Reenrollment prohibited Land altered under paragraph (1) may not be reenrolled in the conservation reserve program for 5 years. (4) Payment The Secretary shall provide an annual payment that is reduced in an amount commensurate with any income or other compensation received as a result of the activities carried out under paragraph (1). . 2005. Payments (a) Trees, windbreaks, shelterbelts, and wildlife corridors Section 1234(b)(3)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(3)(A) (1) in clause (i), by inserting and (2) by striking clause (ii); and (3) by redesignating clause (iii) as clause (ii). (b) Incentives Section 1234(b)(3)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(3)(B) (1) in clause (i), by inserting , practices to improve the condition of resources on the land, operator) (2) by adding at the end the following: (iii) Incentives In making rental payments to an owner or operator of land described in subparagraph (A), the Secretary may provide incentive payments sufficient to encourage proper thinning and practices to improve the condition of resources on the land. . (c) Annual rental payments Section 1234(c) of the Food Security Act of 1985 ( 16 U.S.C. 3834(c) (1) in paragraph (1), by inserting and other eligible land highly erodible cropland (2) by striking paragraph (2) and inserting the following: (2) Methods of Determination (A) In general The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subchapter may be determined through— (i) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or (ii) such other means as the Secretary determines are appropriate. (B) Grassland In the case of eligible land described in section 1231(b)(3), the Secretary shall make annual payments in an amount that is not more than 75 percent of the grazing value of the land covered by the contract. ; and (3) in paragraph (5)(A)— (A) by striking The Secretary (i) Survey The Secretary ; and (B) by adding at the end the following: (ii) Use The Secretary may use the survey of dryland cash rental rates described in clause (i) as a factor in determining rental rates under this section as the Secretary determines appropriate. . (d) Payment schedule Section 1234 of the Food Security Act of 1985 ( 16 U.S.C. 3834 (d) Payment schedule (1) In general Except as otherwise provided in this section, payments under this subchapter shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract. (2) Source Payments under this subchapter shall be made using the funds of the Commodity Credit Corporation. (3) Advance payment Payments under this subchapter may be made in advance of determination of performance. . (e) Payment limitation Section 1234(f) of the Food Security Act of 1985 ( 16 U.S.C. 3834(f) (1) in paragraph (1), by striking , including rental payments made in the form of in-kind commodities, (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (2). 2006. Contract requirements Section 1235(f) of the Food Security Act of 1985 ( 16 U.S.C. 3835(f) (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking Duties a beginning farmer Transition to covered farmer or rancher (B) in subparagraph (D), by striking the farmer or rancher the covered farmer or rancher (C) in subparagraph (E), by striking section 1001A(b)(3)(B) section 1001 (2) in paragraph (2), by striking requirement of section 1231(h)(4)(B) option provided under section 1234(c)(2)(A)(ii) 2007. Conversion of land subject to contract to other conserving uses Section 1235A of the Food Security Act of 1985 ( 16 U.S.C. 3835a 2008. Effective date (a) In general The amendments made by this subtitle shall take effect on October 1, 2013, except, the amendment made by section 2001(d), which shall take effect on the date of enactment of this Act. (b) Effect on existing contracts (1) In general Except as provided in paragraph (2), the amendments made by this subtitle shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. (2) Updating of existing contracts The Secretary shall permit an owner or operator with a contract entered into under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) before October 1, 2013, to update the contract to reflect the activities and uses of land under contract permitted under the terms and conditions of paragraphs (1) and (2) of section 1233(b) of that Act (as amended by section 2004). B Conservation Stewardship Program 2101. Conservation stewardship program (a) Revision of current program Subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) is amended to read as follows: B Conservation stewardship program 1238D. Definitions In this subchapter: (1) Agricultural operation The term agricultural operation (A) under the effective control of a producer at the time the producer enters into a contract under the program; and (B) operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary. (2) Conservation activities (A) In general The term conservation activities (B) Inclusions The term conservation activities (i) structural measures, vegetative measures, and land management measures, including agriculture drainage management systems, as determined by the Secretary; and (ii) planning needed to address a priority resource concern. (3) Conservation stewardship plan The term conservation stewardship plan (A) identifies and inventories priority resource concerns; (B) establishes benchmark data and conservation objectives; (C) describes conservation activities to be implemented, managed, or improved; and (D) includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities. (4) Eligible land (A) In general The term eligible land (i) private and tribal land on which agricultural commodities, livestock, or forest-related products are produced; and (ii) land associated with the land described in clause (i) on which priority resource concerns could be addressed through a contract under the program. (B) Inclusions The term eligible land (i) cropland; (ii) grassland; (iii) rangeland; (iv) pastureland; (v) nonindustrial private forest land; and (vi) other agricultural land (including cropped woodland, marshes, and agricultural land used for the production of livestock), as determined by the Secretary. (5) Priority resource concern The term priority resource concern (A) is identified at the national, State or local level, as a priority for a particular area of the State; (B) represents a significant concern in a State or region; and (C) is likely to be addressed successfully through the implementation of conservation activities under this program. (6) Program The term program (7) Stewardship threshold The term stewardship threshold 1238E. Conservation stewardship program (a) Establishment and purpose During each of fiscal years 2014 through 2018, the Secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner— (1) by undertaking additional conservation activities; and (2) by improving, maintaining, and managing existing conservation activities. (b) Exclusions (1) Land enrolled in other conservation programs Subject to paragraph (2), the following land (even if covered by the definition of eligible land) is not eligible for enrollment in the program: (A) Land enrolled in the conservation reserve program. (B) Land enrolled in the Agricultural Conservation Easement Program in a wetland easement. (C) Land enrolled in the conservation security program. (2) Conversion to cropland Eligible land used for crop production after October 1, 2013, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet the requirement because— (A) the land had previously been enrolled in the conservation reserve program; (B) the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or (C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Secretary. 1238F. Stewardship contracts (a) Submission of contract offers To be eligible to participate in the conservation stewardship program, a producer shall submit a contract offer for the agricultural operation that— (1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, is meeting the stewardship threshold for at least 2 priority resource concerns; and (2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by— (A) installing and adopting additional conservation activities; and (B) improving, maintaining, and managing existing conservation activities on the agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary. (b) Evaluation of contract offers (1) Ranking of applications In evaluating contract offers the Secretary shall rank applications based on— (A) the level of conservation treatment on all applicable priority resource concerns at the time of application; (B) the degree to which the proposed conservation activities effectively increase conservation performance; (C) the number of applicable priority resource concerns proposed to be treated to meet or exceed the stewardship threshold by the end of the contract; (D) the extent to which other priority resource concerns will be addressed to meet or exceed the stewardship threshold by the end of the contract period; (E) the extent to which the actual and anticipated conservation benefits from the contract are provided at the least cost relative to other similarly beneficial contract offers; and (F) the extent to which priority resource concerns will be addressed when transitioning from the conservation reserve program to agricultural production. (2) Prohibition The Secretary may not assign a higher priority to any application because the applicant is willing to accept a lower payment than the applicant would otherwise be eligible to receive. (3) Additional criteria The Secretary may develop and use such additional criteria that the Secretary determines are necessary to ensure that national, State, and local priority resource concerns are effectively addressed. (c) Entering into contracts After a determination that a producer is eligible for the program under subsection (a), and a determination that the contract offer ranks sufficiently high under the evaluation criteria under subsection (b), the Secretary shall enter into a conservation stewardship contract with the producer to enroll the eligible land to be covered by the contract. (d) Contract provisions (1) Term A conservation stewardship contract shall be for a term of 5 years. (2) Required provisions The conservation stewardship contract of a producer shall— (A) state the amount of the payment the Secretary agrees to make to the producer for each year of the conservation stewardship contract under section 1238G(d); (B) require the producer— (i) to implement a conservation stewardship plan that describes the program purposes to be achieved through 1 or more conservation activities; (ii) to maintain and supply information as required by the Secretary to determine compliance with the conservation stewardship plan and any other requirements of the program; and (iii) not to conduct any activities on the agricultural operation that would tend to defeat the purposes of the program; (C) permit all economic uses of the eligible land that— (i) maintain the agricultural nature of the land; and (ii) are consistent with the conservation purposes of the conservation stewardship contract; (D) include a provision to ensure that a producer shall not be considered in violation of the contract for failure to comply with the contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the Secretary; (E) include provisions where upon the violation of a term or condition of the contract at any time the producer has control of the land— (i) if the Secretary determines that the violation warrants termination of the contract— (I) to forfeit all rights to receive payments under the contract; and (II) to refund all or a portion of the payments received by the producer under the contract, including any interest on the payments, as determined by the Secretary; or (ii) if the Secretary determines that the violation does not warrant termination of the contract, to refund or accept adjustments to the payments provided to the producer, as the Secretary determines to be appropriate; (F) include provisions in accordance with paragraphs (3) and (4) of this section; and (G) include any additional provisions the Secretary determines are necessary to carry out the program. (3) Change of interest in land subject to a contract (A) In general At the time of application, a producer shall have control of the eligible land to be enrolled in the program. Except as provided in subparagraph (B), a change in the interest of a producer in eligible land covered by a contract under the program shall result in the termination of the contract with regard to that land. (B) Transfer of duties and rights Subparagraph (A) shall not apply if— (i) within a reasonable period of time (as determined by the Secretary) after the date of the change in the interest in all or a portion of the land covered by a contract under the program, the transferee of the land provides written notice to the Secretary that duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred; (ii) the transferee meets the eligibility requirements of the program; and (iii) the Secretary approves the transfer of all duties and rights under the contract. (4) Modification and termination of contracts (A) Voluntary modification or termination The Secretary may modify or terminate a contract with a producer if— (i) the producer agrees to the modification or termination; and (ii) the Secretary determines that the modification or termination is in the public interest. (B) Involuntary termination The Secretary may terminate a contract if the Secretary determines that the producer violated the contract. (5) Repayment If a contract is terminated, the Secretary may, consistent with the purposes of the program— (A) allow the producer to retain payments already received under the contract; or (B) require repayment, in whole or in part, of payments received and assess liquidated damages. (e) Contract renewal At the end of the initial 5-year contract period, the Secretary may allow the producer to renew the contract for 1 additional 5-year period if the producer— (1) demonstrates compliance with the terms of the existing contract; (2) agrees to adopt and continue to integrate conservation activities across the entire agricultural operation as determined by the Secretary; and (3) agrees, at a minimum, to meet or exceed the stewardship threshold for at least 2 additional priority resource concerns on the agricultural operation by the end of the contract period. 1238G. Duties of the secretary (a) In general To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary shall— (1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, 1 of which shall occur in the first quarter of each fiscal year; (2) identify not less than 5 priority resource concerns in a particular watershed or other appropriate region or area within a State; and (3) establish a science-based stewardship threshold for each priority resource concern identified under subparagraph (2). (b) Allocation to states The Secretary shall allocate acres to States for enrollment, based— (1) primarily on each State’s proportion of eligible land to the total acreage of eligible land in all States; and (2) also on consideration of— (A) the extent and magnitude of the conservation needs associated with agricultural production in each State; (B) the degree to which implementation of the program in the State is, or will be, effective in helping producers address those needs; and (C) other considerations to achieve equitable geographic distribution of funds, as determined by the Secretary. (c) Acreage enrollment limitation During the period beginning on October 1, 2013, and ending on September 30, 2022, the Secretary shall, to the maximum extent practicable— (1) enroll in the program an additional 10,348,000 acres for each fiscal year; and (2) manage the program to achieve a national average rate of $18 per acre, which shall include the costs of all financial assistance, technical assistance, and any other expenses associated with enrollment or participation in the program. (d) Conservation stewardship payments (1) Availability of payments The Secretary shall provide annual payments under the program to compensate the producer for— (A) installing and adopting additional conservation activities; and (B) improving, maintaining, and managing conservation activities in place at the operation of the producer at the time the contract offer is accepted by the Secretary. (2) Payment amount The amount of the conservation stewardship annual payment shall be determined by the Secretary and based, to the maximum extent practicable, on the following factors: (A) Costs incurred by the producer associated with planning, design, materials, installation, labor, management, maintenance, or training. (B) Income forgone by the producer. (C) Expected conservation benefits. (D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation. (E) The level of stewardship in place at the time of application and maintained over the term of the contract. (F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract. (G) Such other factors as determined by the Secretary. (3) Exclusions A payment to a producer under this subsection shall not be provided for— (A) the design, construction, or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or (B) conservation activities for which there is no cost incurred or income forgone to the producer. (4) Delivery of payments In making stewardship payments, the Secretary shall, to the extent practicable— (A) prorate conservation performance over the term of the contract so as to accommodate, to the extent practicable, producers earning equal annual stewardship payments in each fiscal year; and (B) make stewardship payments as soon as practicable after October 1 of each fiscal year for activities carried out in the previous fiscal year. (e) Supplemental payments for resource-Conserving crop rotations (1) Availability of payments The Secretary shall provide additional payments to producers that, in participating in the program, agree to adopt resource-conserving crop rotations to achieve beneficial crop rotations as appropriate for the eligible land of the producers. (2) Beneficial crop rotations The Secretary shall determine whether a resource-conserving crop rotation is a beneficial crop rotation eligible for additional payments under paragraph (1), based on whether the resource-conserving crop rotation is designed to provide natural resource conservation and production benefits. (3) Eligibility To be eligible to receive a payment described in paragraph (1), a producer shall agree to adopt and maintain the resource-conserving crop rotations for the term of the contract. (4) Resource-conserving crop rotation In this subsection, the term resource-conserving crop rotation (A) includes at least 1 resource conserving crop (as defined by the Secretary); (B) reduces erosion; (C) improves soil fertility and tilth; (D) interrupts pest cycles; and (E) in applicable areas, reduces depletion of soil moisture or otherwise reduces the need for irrigation. (f) Payment limitations A person or legal entity may not receive, directly or indirectly, payments under the program that, in the aggregate, exceed $200,000 under all contracts entered into during fiscal years 2014 through 2018, excluding funding arrangements with Indian tribes, regardless of the number of contracts entered into under the program by the person or legal entity. (g) Specialty crop and organic producers The Secretary shall ensure that outreach and technical assistance are available, and program specifications are appropriate to enable specialty crop and organic producers to participate in the program. (h) Coordination with organic certification The Secretary shall establish a transparent means by which producers may initiate organic certification under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. (i) Regulations The Secretary shall promulgate regulations that— (1) prescribe such other rules as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under subsection (f); and (2) otherwise enable the Secretary to carry out the program. . (b) Effective date The amendment made by this section shall take effect on October 1, 2013. (c) Effect on existing contracts (1) In general The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Conservation stewardship program Funds made available under section 1241(a)(4) of the Food Security Act of 1985 ( 16 U.S.C. 3841(a)(4) C Environmental Quality Incentives Program 2201. Purposes Section 1240 of the Food Security Act of 1985 ( 16 U.S.C. 3839aa (1) in paragraph (3)— (A) in subparagraph (A), by striking and (B) by redesignating subparagraph (B) as subparagraph (C) and, in such subparagraph, by inserting and (C) by inserting after subparagraph (A) the following: (B) develop and improve wildlife habitat; and ; (2) in paragraph (4), by striking ; and (3) by striking paragraph (5). 2202. Definitions Section 1240A of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 (1) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) in paragraph (2) (as so redesignated), by inserting established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) national organic program 2203. Establishment and administration Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 (1) in subsection (a), by striking 2014 2018 (2) in subsection (b), by striking paragraph (2) and inserting the following: (2) Term A contract under the program shall have a term that does not exceed 10 years. ; (3) in subsection (d)— (A) in paragraph (3), by striking subparagraphs (A) through (G) and inserting the following: (A) soil health; (B) water quality and quantity improvement; (C) nutrient management; (D) pest management; (E) air quality improvement; (F) wildlife habitat development, including pollinator habitat; (G) invasive species management; or (H) other resource issues of regional or national significance, as determined by the Secretary. ; and (B) in paragraph (4)— (i) in subparagraph (A) in the matter preceding clause (i), by inserting , veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) or a beginning farmer or rancher (ii) by striking subparagraph (B) and inserting the following: (B) Advance payments (i) In general Not more than 30 percent of the amount determined under subparagraph (A) may be provided in advance for the purpose of purchasing materials or contracting. (ii) Return of funds If funds provided in advance are not expended during the 90-day period beginning on the date of receipt of the funds, the funds shall be returned within a reasonable time frame, as determined by the Secretary. ; (4) by striking subsection (f) and inserting the following: (f) Allocation of funding (1) Livestock For each of fiscal years 2014 through 2018, at least 60 percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production. (2) Wildlife habitat For each of fiscal years 2014 through 2018, at least 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g). ; and (5) by striking subsection (g) and inserting the following: (g) Wildlife habitat incentive practice The Secretary shall provide payments under the program for conservation practices that support the restoration, development, and improvement of wildlife habitat on eligible land, including— (1) upland wildlife habitat; (2) wetland wildlife habitat; (3) habitat for threatened and endangered species; (4) fish habitat; (5) habitat on pivot corners and other irregular areas of a field; and (6) other types of wildlife habitat, as determined by the Secretary. . 2204. Evaluation of applications Section 1240C(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–3(b) (1) in paragraph (1), by striking environmental conservation (2) in paragraph (3), by striking purpose of the environmental quality incentives program specified in section 1240(1) purposes of the program 2205. Duties of producers Section 1240D(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–4(2) farm, ranch, or forest enrolled 2206. Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 (1) in subsection (a)— (A) by striking by the person or entity during any six-year period, during fiscal years 2014 through 2018 (B) by striking federally recognized Indian tribes under section 1244(l). (2) in subsection (b)(2), by striking any six-year period fiscal years 2014 through 2018 2207. Conservation innovation grants and payments Section 1240H of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8 (1) in subsection (b)(2), by striking 2012 2018 (2) by adding at the end the following: (c) Reporting Not later than December 31, 2014, and every 2 years thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of projects funded under this section, including— (1) funding awarded; (2) project results; and (3) incorporation of project findings, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary. . 2208. Effective date (a) In general The amendments made by this subtitle shall take effect on October 1, 2013. (b) Effect on existing contracts The amendments made by this title shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) before October 1, 2013, or any payments required to be made in connection with the contract. D Agricultural Conservation Easement Program 2301. Agricultural Conservation Easement Program (a) Establishment Title XII of the Food Security Act of 1985 is amended by adding at the end the following: H Agricultural Conservation Easement Program 1265. Establishment and purposes (a) Establishment The Secretary shall establish an Agricultural Conservation Easement Program for the conservation of eligible land and natural resources through easements or other interests in land. (b) Purposes The purposes of the program are to— (1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 1237, the grassland reserve program established under section 1238N, and the farmland protection program established under section 1238I; (2) restore, protect, and enhance wetland on eligible land; (3) protect the agricultural use, viability, and related conservation values of eligible land by limiting nonagricultural uses of that land; and (4) protect grazing uses and related conservation values by restoring and conserving eligible land. 1265A. Definitions In this subtitle: (1) Agricultural land easement The term agricultural land easement (A) is conveyed for the purposes of protecting natural resources and the agricultural nature of the land, and of promoting agricultural viability for future generations; and (B) permits the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan. (2) Eligible entity The term eligible entity (A) an agency of State or local government or an Indian tribe (including farmland protection board or land resource council established under State law); or (B) an organization that is— (i) organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; (ii) an organization described in section 501(c)(3) of that Code that is exempt from taxation under section 501(a) of that Code; or (iii) described in— (I) paragraph (1) or (2) of section 509(a) of that Code; or (II) section 509(a)(3) of that Code and is controlled by an organization described in section 509(a)(2) of that Code. (3) Eligible land The term eligible land (A) in the case of an agricultural land easement, agricultural land, including land on a farm or ranch— (i) that is subject to a pending offer for purchase from an eligible entity; (ii) that— (I) has prime, unique, or other productive soil; (II) contains historical or archaeological resources; or (III) the protection of which will further a State or local policy consistent with the purposes of the program; and (iii) that is— (I) cropland; (II) rangeland; (III) grassland or land that contains forbs, or shrubland for which grazing is the predominant use; (IV) pastureland; or (V) nonindustrial private forest land that contributes to the economic viability of an offered parcel or serves as a buffer to protect such land from development; (B) in the case of a wetland easement, a wetland or related area, including— (i) farmed or converted wetland, together with the adjacent land that is functionally dependent on that land if the Secretary determines it— (I) is likely to be successfully restored in a cost effective manner; and (II) will maximize the wildlife benefits and wetland functions and values as determined by the Secretary in consultation with the Secretary of the Interior at the local level; (ii) cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of a closed basin lake or pothole, as determined by the Secretary, together (where practicable) with the adjacent land that is functionally dependent on the cropland or grassland; (iii) farmed wetland and adjoining land that— (I) is enrolled in the conservation reserve program; (II) has the highest wetland functions and values; and (III) is likely to return to production after the land leaves the conservation reserve program; (iv) riparian areas that link wetland that is protected by easements or some other device that achieves the same purpose as an easement; or (v) other wetland of an owner that would not otherwise be eligible if the Secretary determines that the inclusion of such wetland in such easement would significantly add to the functional value of the easement; and (C) in the case of both an agricultural land easement or wetland easement, other land that is incidental to eligible land if the Secretary determines that it is necessary for the efficient administration of the easements under this program. (4) Program The term program (5) Wetland easement The term wetland easement (A) is defined and delineated in a deed; and (B) stipulates— (i) the rights, title, and interests in land conveyed to the Secretary; and (ii) the rights, title, and interests in land that are reserved to the landowner. 1265B. Agricultural land easements (a) Availability of assistance The Secretary shall facilitate and provide funding for— (1) the purchase by eligible entities of agricultural land easements and other interests in eligible land; and (2) technical assistance to provide for the conservation of natural resources pursuant to an agricultural land easement plan. (b) Cost-Share assistance (1) In general The Secretary shall provide cost-share assistance to eligible entities for purchasing agricultural land easements to protect the agricultural use, including grazing, and related conservation values of eligible land. (2) Scope of assistance available (A) Federal share Subject to subparagraph (C), an agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 50 percent of the fair market value of the agricultural land easement or other interest in land, as determined by the Secretary using— (i) the Uniform Standards of Professional Appraisal Practices; (ii) an area-wide market analysis or survey; or (iii) another industry approved method. (B) Non-Federal share (i) In general Subject to subparagraph (C), under the agreement, the eligible entity shall provide a share that is at least equivalent to that provided by the Secretary. (ii) Source of contribution An eligible entity may include as part of its share a charitable donation or qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) from the private landowner if the eligible entity contributes its own cash resources in an amount that is at least 50 percent of the amount contributed by the Secretary. (C) Waiver authority In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide up to 75 percent of the fair market value of the agricultural land easement. (3) Evaluation and ranking of applications (A) Criteria The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program. (B) Considerations In establishing the criteria, the Secretary shall emphasize support for— (i) protecting agricultural uses and related conservation values of the land; and (ii) maximizing the protection of areas devoted to agricultural use. (C) Bidding down If the Secretary determines that 2 or more applications for cost-share assistance are comparable in achieving the purpose of the program, the Secretary shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the program. (4) Agreements with eligible entities (A) In general The Secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this section. (B) Length of agreements An agreement shall be for a term that is— (i) in the case of an eligible entity certified under the process described in paragraph (5), a minimum of 5 years; and (ii) for all other eligible entities, at least 3, but not more than 5 years. (C) Minimum terms and conditions An eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions— (i) are consistent with the purposes of the program; (ii) are permanent or for the maximum duration allowed under applicable State law; (iii) permit effective enforcement of the conservation purposes of such easements, including appropriate restrictions depending on the purposes for which the easement is acquired; (iv) include a right of enforcement for the Secretary if terms of the easement are not enforced by the holder of the easement; (v) subject the land purchased to an agricultural land easement plan that— (I) describes the activities which promote the long-term viability of the land to meet the purposes for which the easement was acquired; (II) requires the management of grassland according to a grassland management plan; and (III) includes a conservation plan, where appropriate, and requires, at the option of the Secretary, the conversion of highly erodible cropland to less intensive uses; and (vi) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted. (D) Substitution of qualified projects An agreement shall allow, upon mutual agreement of the parties, substitution of qualified projects that are identified at the time of the proposed substitution. (E) Effect of violation If a violation occurs of a term or condition of an agreement under this subsection— (i) the agreement may be terminated; and (ii) the Secretary may require the eligible entity to refund all or part of any payments received by the entity under the program, with interest on the payments as determined appropriate by the Secretary. (5) Certification of eligible entities (A) Certification process The Secretary shall establish a process under which the Secretary may— (i) directly certify eligible entities that meet established criteria; (ii) enter into long-term agreements with certified eligible entities; and (iii) accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements. (B) Certification criteria In order to be certified, an eligible entity shall demonstrate to the Secretary that the entity will maintain, at a minimum, for the duration of the agreement— (i) a plan for administering easements that is consistent with the purpose of this subtitle; (ii) the capacity and resources to monitor and enforce agricultural land easements; and (iii) policies and procedures to ensure— (I) the long-term integrity of agricultural land easements on eligible land; (II) timely completion of acquisitions of easements; and (III) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program. (C) Review and revision (i) Review The Secretary shall conduct a review of eligible entities certified under subparagraph (A) every 3 years to ensure that such entities are meeting the criteria established under subparagraph (B). (ii) Revocation If the Secretary finds that the certified entity no longer meets the criteria established under subparagraph (B), the Secretary may— (I) allow the certified entity a specified period of time, at a minimum 180 days, in which to take such actions as may be necessary to meet the criteria; and (II) revoke the certification of the entity, if after the specified period of time, the certified entity does not meet such criteria. (c) Technical assistance The Secretary may provide technical assistance, if requested, to assist in— (1) compliance with the terms and conditions of easements; and (2) implementation of an agricultural land easement plan. 1265C. Wetland easements (a) Availability of assistance The Secretary shall provide assistance to owners of eligible land to restore, protect, and enhance wetland through— (1) easements and related wetland easement plans; and (2) technical assistance. (b) Easements (1) Method of enrollment The Secretary shall enroll eligible land through the use of— (A) 30-year easements; (B) permanent easements; (C) easements for the maximum duration allowed under applicable State laws; or (D) as an option for Indian tribes only, 30-year contracts. (2) Limitations (A) Ineligible land The Secretary may not acquire easements on— (i) land established to trees under the conservation reserve program, except in cases where the Secretary determines it would further the purposes of the program; and (ii) farmed wetland or converted wetland where the conversion was not commenced prior to December 23, 1985. (B) Changes in ownership No easement shall be created on land that has changed ownership during the preceding 24-month period unless— (i) the new ownership was acquired by will or succession as a result of the death of the previous owner; (ii) (I) the ownership change occurred because of foreclosure on the land; and (II) immediately before the foreclosure, the owner of the land exercises a right of redemption from the mortgage holder in accordance with State law; or (iii) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program. (3) Evaluation and ranking of offers (A) Criteria The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program. (B) Considerations When evaluating offers from landowners, the Secretary may consider— (i) the conservation benefits of obtaining an easement or 30-year contract, including the potential environmental benefits if the land was removed from agricultural production; (ii) the cost-effectiveness of each easement or 30-year contract, so as to maximize the environmental benefits per dollar expended; (iii) whether the landowner or another person is offering to contribute financially to the cost of the easement or 30-year contract to leverage Federal funds; and (iv) such other factors as the Secretary determines are necessary to carry out the purposes of the program. (C) Priority The Secretary shall place priority on acquiring easements based on the value of the easement for protecting and enhancing habitat for migratory birds and other wildlife. (4) Agreement To be eligible to place eligible land into the program through a wetland easement, the owner of such land shall enter into an agreement with the Secretary to— (A) grant an easement on such land to the Secretary; (B) authorize the implementation of a wetland easement plan; (C) create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to; (D) provide a written statement of consent to such easement signed by those holding a security interest in the land; (E) comply with the terms and conditions of the easement and any related agreements; and (F) permanently retire any existing cropland base and allotment history for the land on which the easement has been obtained. (5) Terms and conditions of easement (A) In general A wetland easement shall include terms and conditions that— (i) permit— (I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and (II) owners to control public access on the easement areas while identifying access routes to be used for restoration activities and management and easement monitoring; (ii) prohibit— (I) the alteration of wildlife habitat and other natural features of such land, unless specifically authorized by the Secretary; (II) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is authorized by the Secretary or is necessary— (aa) to comply with Federal or State noxious weed control laws; (bb) to comply with a Federal or State emergency pest treatment program; or (cc) to meet habitat needs of specific wildlife species; (III) any activities to be carried out on the owner’s or successor’s land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and (IV) the adoption of any other practice that would tend to defeat the purposes of the program, as determined by the Secretary; (iii) provide for the efficient and effective establishment of wetland functions and values; and (iv) include such additional provisions as the Secretary determines are desirable to carry out the program or facilitate the practical administration thereof. (B) Violation On the violation of the terms or conditions of the easement, the easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under the program, together with interest thereon as determined appropriate by the Secretary. (C) Compatible uses Land subject to a wetland easement may be used for compatible economic uses, including such activities as hunting and fishing, managed timber harvest, or periodic haying or grazing, if such use is specifically permitted by the wetland easement plan and is consistent with the long-term protection and enhancement of the wetland resources for which the easement was established. (D) Reservation of grazing rights The Secretary may include in the terms and conditions of an easement a provision under which the owner reserves grazing rights if— (i) the Secretary determines that the reservation and use of the grazing rights— (I) is compatible with the land subject to the easement; (II) is consistent with the historical natural uses of the land and long-term protection and enhancement goals for which the easement was established; and (III) complies with the wetland easement plan; and (ii) the agreement provides for a commensurate reduction in the easement payment to account for the grazing value, as determined by the Secretary. (E) Application The relevant provisions of this paragraph shall also apply to a 30-year contract. (6) Compensation (A) Determination (i) In general The Secretary shall pay as compensation for a permanent easement acquired an amount necessary to encourage enrollment in the program based on the lowest of— (I) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practices or an area-wide market analysis or survey; (II) the amount corresponding to a geographical cap, as determined by the Secretary in regulations; or (III) the offer made by the landowner. (ii) Other Compensation for a 30-year contract or 30-year easement shall be not less than 50 percent, but not more than 75 percent, of the compensation that would be paid for a permanent easement. (B) Form of payment Compensation shall be provided by the Secretary in the form of a cash payment, in an amount determined under subparagraph (A). (C) Payment schedule (i) Easements valued at less than $500,000 For easements valued at $500,000 or less, the Secretary may provide easement payments in not more than 10 annual payments. (ii) Easements valued at more than $500,000 For easements valued at more than $500,000, the Secretary may provide easement payments in at least 5, but not more than 10 annual payments, except that, if the Secretary determines it would further the purposes of the program, the Secretary may make a lump sum payment for such an easement. (c) Easement restoration (1) In general The Secretary shall provide financial assistance to carry out the establishment of conservation measures and practices and protect wetland functions and values, including necessary maintenance activities, as set forth in a wetland easement plan. (2) Payments The Secretary shall— (A) in the case of a permanent easement, pay an amount that is not less than 75 percent, but not more than 100 percent, of the eligible costs; and (B) in the case of a 30-year contract or 30-year easement, pay an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs. (d) Technical assistance (1) In general The Secretary shall assist owners in complying with the terms and conditions of easements and 30-year contracts. (2) Contracts or agreements The Secretary may enter into 1 or more contracts with private entities or agreements with a State, non-governmental organization, or Indian tribe to carry out necessary restoration, enhancement or maintenance of an easement if the Secretary determines that the contract or agreement will advance the purposes of the program. (e) Wetland enhancement option The Secretary may enter into 1 or more agreements with a State (including a political subdivision or agency of a State), nongovernmental organization, or Indian tribe to carry out a special wetland enhancement option that the Secretary determines would advance the purposes of the program. (f) Administration (1) Wetland easement plan The Secretary shall develop a wetland easement plan for eligible land subject to a wetland easement, which will include the practices and activities necessary to restore, protect, enhance, and maintain the enrolled land. (2) Delegation of easement administration (A) In general The Secretary may delegate any of the easement management, monitoring, and enforcement responsibilities of the Secretary to other Federal or State agencies that have the appropriate authority, expertise and resources necessary to carry out such delegated responsibilities or to other conservation organizations if the Secretary determines the organization has similar expertise and resources. (B) Limitation The Secretary shall not delegate any of the monitoring or enforcement responsibilities under the program to conservation organizations. (3) Payments (A) Timing of payments The Secretary shall provide payment for obligations incurred by the Secretary under this section— (i) with respect to any easement restoration obligation as soon as possible after the obligation is incurred; and (ii) with respect to any annual easement payment obligation incurred by the Secretary as soon as possible after October 1 of each calendar year. (B) Payments to others If an owner who is entitled to a payment dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person or entity who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. 1265D. Administration (a) Ineligible land The Secretary may not acquire an easement under the program on— (1) land owned by an agency of the United States, other than land held in trust for Indian tribes; (2) land owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government; (3) land subject to an easement or deed restriction which, as determined by the Secretary, provides similar protection as would be provided by enrollment in the program; and (4) land where the purposes of the program would be undermined due to on-site or off-site conditions, such as risk of hazardous substances, proposed or existing rights of way, infrastructure development, or adjacent land uses. (b) Priority In evaluating applications under the program, the Secretary may give priority to land that is currently enrolled in the conservation reserve program in a contract that is set to expire within 1 year and— (1) in the case of an agricultural land easement, is grassland that would benefit from protection under a long-term easement; and (2) in the case of a wetland easement, is a wetland or related area with the highest functions and values and is likely to return to production after the land leaves the conservation reserve program. (c) Subordination, exchange, modification, and termination (1) In general The Secretary may subordinate, exchange, terminate, or modify any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program when the Secretary determines that— (A) it is in the Federal Government’s interest to subordinate, exchange, modify or terminate the interest in land; (B) the subordination, exchange, modification, or termination action— (i) will address a compelling public need for which there is no practicable alternative, or (ii) such action will further the practical administration of the program; and (C) the subordination, exchange, modification, or termination action will result in comparable conservation value and equivalent or greater economic value to the United States. (2) Consultation The Secretary shall work with the current owner, and eligible entity if applicable, to address any subordination, exchange, termination, or modification of the interest, or portion of such interest in land. (3) Notice At least 90 days before taking any termination action described in paragraph (1), the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (d) Land enrolled in other programs (1) Conservation reserve program The Secretary may terminate or modify an existing contract entered into under section 1231(a) if eligible land that is subject to such contract is transferred into the program. (2) Other Land enrolled in the wetlands reserve program, grassland reserve program, or farmland protection program shall be considered enrolled in this program. (e) Allocation of funds for agricultural land easements Of the funds made available under section 1241 to carry out the program for a fiscal year, the Secretary shall, to the extent practicable, use no less than 40 percent for agricultural land easements. . (b) Compliance with certain requirements Before an eligible entity or owner of eligible land may receive assistance under subtitle H of title XII of the Food Security Act of 1985, the eligible entity or person shall agree, during the crop year for which the assistance is provided and in exchange for the assistance— (1) to comply with applicable conservation requirements under subtitle B of title XII of that Act ( 16 U.S.C. 3811 et seq. (2) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act ( 16 U.S.C. 3821 et seq. (c) Cross-Reference Section 1244 of the Food Security Act of 1985 ( 16 U.S.C. 3844 (1) in subsection (c)— (A) in paragraph (1)— (i) by inserting and (ii) by striking and (iii) by striking subparagraph (C); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following: (2) the Agricultural Conservation Easement Program established under subtitle H; and ; and (2) in subsection (f)— (A) in paragraph (1)— (i) in subparagraph (A), by striking programs administered under subchapters B and C of chapter 1 of subtitle D conservation reserve program established under subchapter B of chapter 1 of subtitle D and the Agricultural Conservation Easement Program under subtitle H using wetland easements under section 1265C (ii) in subparagraph (B), by striking subchapter C of chapter 1 of subtitle D the Agricultural Conservation Easement Program under subtitle H using wetland easements under section 1265C (B) in paragraph (4), by striking subchapter C subchapter B (d) Effective date The amendments made by this section shall take effect on October 1, 2013. E Regional Conservation Partnership Program 2401. Regional Conservation Partnership Program (a) In general Title XII of the Food Security Act of 1985 is amended by inserting after subtitle H (as added by section 2301) the following: I Regional Conservation Partnership Program 1271. Establishment and purposes (a) Establishment The Secretary shall establish a Regional Conservation Partnership Program to implement eligible activities through— (1) partnership agreements with eligible partners; and (2) contracts with producers. (b) Purposes The purposes of the program are— (1) to combine the purposes and coordinate the functions of— (A) the agricultural water enhancement program established under section 1240I; (B) the Chesapeake Bay watershed program established under section 1240Q; (C) the cooperative conservation partnership initiative established under section 1243; and (D) the Great Lakes basin program for soil erosion and sediment control established under section 1240P; (2) to further the conservation, restoration, and sustainable use of soil, water, wildlife, and related natural resources on a regional or watershed scale; and (3) to encourage partners to cooperate with producers in— (A) meeting or avoiding the need for national, State, and local natural resource regulatory requirements related to production; and (B) implementing projects that will result in the installation and maintenance of eligible activities that affect multiple agricultural or nonindustrial private forest operations on a local, regional, State, or multi-State basis. 1271A. Definitions In this subtitle: (1) Covered programs The term covered programs (A) the agricultural conservation easement program; (B) the environmental quality incentives program; and (C) the conservation stewardship program. (2) Eligible activity The term eligible activity (A) Water quality restoration or enhancement projects, including nutrient management and sediment reduction. (B) Water quantity conservation, restoration, or enhancement projects relating to surface water and groundwater resources, including— (i) the conversion of irrigated cropland to the production of less water-intensive agricultural commodities or dryland farming; and (ii) irrigation system improvement and irrigation efficiency enhancement. (C) Drought mitigation. (D) Flood prevention. (E) Water retention. (F) Habitat conservation, restoration, and enhancement. (G) Erosion control. (H) Other related activities that the Secretary determines will help achieve conservation benefits. (3) Eligible partner The term eligible partner (A) An agricultural or silvicultural producer association or other group of producers. (B) A State or unit of local government. (C) An Indian tribe. (D) A farmer cooperative. (E) An institution of higher education. (F) An organization with an established history of working cooperatively with producers on agricultural land, as determined by the Secretary, to address— (i) local conservation priorities related to agricultural production, wildlife habitat development, and nonindustrial private forest land management; or (ii) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource concerns. (4) Partnership agreement The term partnership agreement (5) Program The term program 1271B. Regional conservation partnerships (a) Partnership agreements authorized The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity. (b) Length A partnership agreement shall be for a period not to exceed 5 years, except that the Secretary may extend the agreement 1 time for up to 12 months when an extension is necessary to meet the objectives of the program. (c) Duties of partners (1) In general Under a partnership agreement, the eligible partner shall— (A) define the scope of a project, including— (i) the eligible activities to be implemented; (ii) the potential agricultural or nonindustrial private forest operations affected; (iii) the local, State, multi-State or other geographic area covered; and (iv) the planning, outreach, implementation and assessment to be conducted; (B) conduct outreach and education to producers for potential participation in the project; (C) at the request of a producer, act on behalf of a producer participating in the project in applying for assistance under section 1271C; (D) leverage financial or technical assistance provided by the Secretary with additional funds to help achieve the project objectives; (E) conduct an assessment of the project’s effects; and (F) at the conclusion of the project, report to the Secretary on its results and funds leveraged. (2) Contribution A partner shall provide a significant portion of the overall costs of the scope of the project as determined by the Secretary. (d) Applications (1) Competitive process The Secretary shall conduct a competitive process to select applications for partnership agreements and may assess and rank applications with similar conservation purposes as a group. (2) Criteria used In carrying out the process described in paragraph (1), the Secretary shall make public the criteria used in evaluating applications. (3) Content An application to the Secretary shall include a description of— (A) the scope of the project as described in subsection (c)(1)(A); (B) the plan for monitoring, evaluating, and reporting on progress made towards achieving the project’s objectives; (C) the program resources requested for the project, including the covered programs to be used and estimated funding needed from the Secretary; (D) the partners collaborating to achieve project objectives, including their roles, responsibilities, capabilities, and financial contribution; and (E) any other elements the Secretary considers necessary to adequately evaluate and competitively select applications for funding under the program. (4) Application selection (A) Priority to certain applications The Secretary shall give a higher priority to applications that— (i) assist producers in meeting or avoiding the need for a natural resource regulatory requirement; (ii) significantly leverage non-Federal financial and technical resources and coordinate with other local, State, regional, or national efforts; (iii) deliver high percentages of applied conservation to address conservation priorities or local, State, regional, or national conservation initiatives; or (iv) provide innovation in conservation methods and delivery, including outcome-based performance measures and methods. (B) Other applications The Secretary may give priority to applications that— (i) have a high percentage of producers in the area to be covered by the agreement; or (ii) meet other factors that are important for achieving the purposes of the program, as determined by the Secretary. 1271C. Assistance to producers (a) In general The Secretary shall enter into contracts to provide financial and technical assistance to— (1) producers participating in a project with an eligible partner as described in section 1271B; or (2) producers that fit within the scope of a project described in section 1271B or a critical conservation area designated pursuant to section 1271F, but who are seeking to implement an eligible activity independent of a partner. (b) Terms and conditions (1) Consistency with program rules (A) In general Except as provided in subparagraph (B), the Secretary shall ensure that the terms and conditions of a contract under this section are consistent with the applicable rules of the covered programs to be used as part of the project, as described in the application under section 1271B(d)(3)(C). (B) Adjustments Except for statutory program requirements governing appeals, payment limitations, and conservation compliance, the Secretary may adjust the discretionary program rules of a covered program— (i) to provide a simplified application and evaluation process; and (ii) to better reflect unique local circumstances and purposes if the Secretary determines such adjustments are necessary to achieve the purposes of the program. (2) Alternative funding arrangements (A) In general For the purposes of providing assistance for land described in subsection (a) and section 1271F, the Secretary may enter into alternative funding arrangements with a multistate water resource agency or authority if— (i) the Secretary determines that the goals and objectives of the program will be met by the alternative funding arrangements; (ii) the agency or authority certifies that the limitations established under this section on agreements with individual producers will not be exceeded; and (iii) all participating producers meet applicable payment eligibility provisions. (B) Conditions As a condition on receipt of funding under subparagraph (A), the multistate water resource agency or authority shall agree— (i) to submit an annual independent audit to the Secretary that describes the use of funds under this paragraph; (ii) to provide any data necessary for the Secretary to issue a report on the use of funds under this paragraph; and (iii) not to use any funds for administration or contracting with another entity. (C) Limitation The Secretary may enter into not more than 10 alternative funding arrangements under this paragraph. (c) Payments (1) In general In accordance with statutory requirements of the covered programs involved, the Secretary may make payments to a producer in an amount determined by the Secretary to be necessary to achieve the purposes of the program. (2) Payments to certain producers The Secretary may provide payments for a period of 5 years— (A) to producers participating in a project that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming; and (B) to producers participating in a project that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management. (3) Waiver authority To assist in the implementation of the program, the Secretary may waive the applicability of the limitation in section 1001D(b)(2) of this Act for participating producers if the Secretary determines that the waiver is necessary to fulfill the objectives of the program. 1271D. Funding (a) Availability of funds The Secretary shall use $100,000,000 of the funds of the Commodity Credit Corporation for each of fiscal years 2014 through 2018 to carry out the program established under this subtitle. (b) Duration of availability Funds made available under subsection (a) shall remain available until expended. (c) Additional funding and acres (1) In general In addition to the funds made available under subsection (a), the Secretary shall reserve 8 percent of the funds and acres made available for a covered program for each of fiscal years 2014 through 2014 in order to ensure additional resources are available to carry out this program. (2) Unused funds and acres Any funds or acres reserved under paragraph (1) for a fiscal year from a covered program that are not obligated under this program by April 1 of that fiscal year shall be returned for use under the covered program. (d) Allocation of funding Of the funds and acres made available for the program under subsections (a) and (c), the Secretary shall allocate— (1) 25 percent of the funds and acres to projects based on a State competitive process administered by the State conservationist, with the advice of the State technical committee; (2) 40 percent of the funds and acres to projects based on a national competitive process to be established by the Secretary; and (3) 35 percent of the funds and acres to projects for the critical conservation areas designated in section 1271F. (e) Limitation on administrative expenses None of the funds made available under the program may be used to pay for the administrative expenses of partners. 1271E. Administration (a) Disclosure In addition to the criteria used in evaluating applications as described in section 1271B(d)(2), the Secretary shall make publicly available information on projects selected through the competitive process described in section 1271B(d)(1). (b) Reporting Not later than December 31, 2014, and for every 2 years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of projects funded under the program, including— (1) the number and types of partners and producers participating in the partnership agreements selected; (2) the number of producers receiving assistance; (3) total funding committed to projects, including Federal and non-Federal resources; and (4) a description of how the funds under section 1271C(b)(3) are being administered, including— (A) any oversight mechanisms that the Secretary has implemented; (B) the process through which the Secretary is resolving appeals by program participants; and (C) the means by which the Secretary is tracking adherence to any applicable provisions for payment eligibility. 1271F. Critical conservation areas (a) In general When administering the funding described in section 1271D(d)(3), the Secretary shall select applications for partnership agreements and producer contracts within designated critical conservation areas. (b) Critical conservation area designations (1) In general The Secretary shall designate up to 6 geographical areas as critical conservation areas based on the degree to which an area— (A) includes multiple States with significant agricultural production; (B) is covered by an existing regional, State, binational, or multistate agreement or plan that has established objectives, goals and work plans and is adopted by a Federal, State, or regional authority; (C) has water quality concerns, including concerns for reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance; (D) has water quantity concerns, including— (i) concerns for groundwater, surface water, aquifer, or other water sources; or (ii) a need to promote water retention and flood prevention; or (E) is subject to regulatory requirements that could reduce the economic scope of agricultural operations within the area. (2) Expiration Critical conservation area designations under this section shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw designation from an area if the Secretary finds the area no longer meets the conditions described in paragraph (1). (c) Administration (1) In general Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or producer contract under this section in a manner that is consistent with the terms of the program. (2) Relationship to existing activity The Secretary shall, to the maximum extent practicable, ensure that eligible activities carried out in critical conservation areas designated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies. . (b) Effective date The amendment made by this section shall take effect on October 1, 2013. F Other Conservation Programs 2501. Conservation of private grazing land Section 1240M(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(e) and $30,000,000 for each of fiscal years 2014 through 2018 2502. Grassroots source water protection program Section 1240O(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2(b) and $15,000,000 for each of fiscal years 2014 through 2018 2503. Voluntary public access and habitat incentive program (a) Funding Section 1240R(f)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–5(f)(1) (1) in the heading, by striking Fiscal years 2009 through 2012 Mandatory funding (2) by inserting and $40,000,000 for the period of fiscal years 2014 through 2018 (b) Report on program effectiveness Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report evaluating the effectiveness of the voluntary public access and habitat incentive program established by section 1240R of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–5 (1) identifying cooperating agencies; (2) identifying the number of land holdings and total acres enrolled by State; (3) evaluating the extent of improved access on eligible land, improved wildlife habitat, and related economic benefits; and (4) any other relevant information and data relating to the program that would be helpful to such Committees. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2504. Agriculture conservation experienced services program (a) Funding Section 1252 of the Food Security Act of 1985 ( 16 U.S.C. 3851 (c) Funding (1) In general The Secretary may carry out the ACES program using funds made available to carry out each program under this title. (2) Exclusion Funds made available to carry out the conservation reserve program may not be used to carry out the ACES program. . (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 2505. Small watershed rehabilitation program Section 14(h)(2)(E) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(2)(E) 2012 2018 2506. Terminal lakes assistance Section 2507 of the Food, Security, and Rural Investment Act of 2002 ( 43 U.S.C. 2211 Public Law 107–171 2507. Terminal lakes assistance (a) Definitions In this section: (1) Eligible land The term eligible land (A) that a landowner voluntarily agrees to sell to a State; and (B) which— (i) (I) is ineligible for enrollment as a wetland easement established under the Agricultural Conservation Easement Program under subtitle H of the Food Security Act of 1985; (II) is flooded to— (aa) an average depth of at least 6.5 feet; or (bb) a level below which the State determines the management of the water level is beyond the control of the State or landowner; or (III) is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding); (ii) is located within a watershed with water rights available for lease or purchase; and (iii) has been used during at least 5 of the immediately preceding 30 years— (I) to produce crops or hay; or (II) as livestock pasture or grazing. (2) Program The term program (3) Terminal lake The term terminal lake (A) considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded; or (B) considered terminal because it has no natural outlet and is at risk due to a history of consistent Federal assistance to address critical resource conditions, including insufficient water available to meet the needs of the lake, general uses, and water rights. (b) Assistance The Secretary shall— (1) provide grants under subsection (c) for the purchase of eligible land impacted by a terminal lake described in subsection (a)(3)(A); and (2) provide funds to the Secretary of the Interior pursuant to subsection (e)(2) with assistance in accordance with subsection (d) for terminal lakes described in subsection (a)(3)(B). (c) Land purchase grants (1) In general Using funds provided under subsection (e)(1), the Secretary shall make available land purchase grants to States for the purchase of eligible land in accordance with this subsection. (2) Implementation (A) Amount A land purchase grant shall be in an amount not to exceed the lesser of— (i) 50 percent of the total purchase price per acre of the eligible land; or (ii) (I) in the case of eligible land that was used to produce crops or hay, $400 per acre; and (II) in the case of eligible land that was pasture or grazing land, $200 per acre. (B) Determination of purchase price A State purchasing eligible land with a land purchase grant shall ensure, to the maximum extent practicable, that the purchase price of such land reflects the value, if any, of other encumbrances on the eligible land to be purchased, including easements and mineral rights. (C) Cost-share required To be eligible to receive a land purchase grant, a State shall provide matching non-Federal funds in an amount equal to 50 percent of the amount described in subparagraph (A), including additional non-Federal funds. (D) Conditions To receive a land purchase grant, a State shall agree— (i) to ensure that any eligible land purchased is— (I) conveyed in fee simple to the State; and (II) free from mortgages or other liens at the time title is transferred; (ii) to maintain ownership of the eligible land in perpetuity; (iii) to pay (from funds other than grant dollars awarded) any costs associated with the purchase of eligible land under this section, including surveys and legal fees; and (iv) to keep eligible land in a conserving use, as defined by the Secretary. (E) Loss of federal benefits Eligible land purchased with a grant under this section shall lose eligibility for any benefits under other Federal programs, including— (i) benefits under title XII of the Food Security Act of 1985 ( 16 U.S.C. 3801 et seq. (ii) benefits under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. (iii) covered benefits described in section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a). (F) Prohibition Any Federal rights or benefits associated with eligible land prior to purchase by a State may not be transferred to any other land or person in anticipation of or as a result of such purchase. (d) Water assistance (1) In general The Secretary of the Interior, acting through the Commissioner of Reclamation, may use the funds described in subsection (e)(2) to administer and provide financial assistance to carry out this subsection to provide water and assistance to a terminal lake described in subsection (a)(3)(B) through willing sellers or willing participants only— (A) to lease water; (B) to purchase land, water appurtenant to the land, and related interests; and (C) to carry out research, support and conservation activities for associated fish, wildlife, plant, and habitat resources.” (2) Exclusions The Secretary of the Interior may not use this subsection to deliver assistance to the Great Salt Lake in Utah, lakes that are considered dry lakes, or other lakes that do not meet the purposes of this section, as determined by the Secretary of the Interior. (3) Transitional provision (A) In general Notwithstanding any other provision of this section, any funds made available before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (B) Described laws The provisions of law described in this section are— (i) section 2507 of the Farm Security and Rural Investment Act of 2002 ( 43 U.S.C. 2211 Agriculture Reform, Food, and Jobs Act of 2013 (ii) section 207 of the Energy and Water Development Appropriations Act, 2003 ( Public Law 108–7 (iii) section 208 of the Energy and Water Development Appropriations Act, 2006 ( Public Law 109–103 (iv) section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 ( Public Law 111–85 (e) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out subsection (c) $25,000,000, to remain available until expended. (2) Commodity credit corporation As soon as practicable after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 . G Funding and administration 2601. Funding (a) In general Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 (a) Annual funding For each of fiscal years 2014 through 2018, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under this title (including the provision of technical assistance): (1) The conservation reserve program under subchapter B of chapter 1 of subtitle D, including, to the maximum extent practicable— (A) $10,000,000 for the period of fiscal years 2014 through 2018 to provide payments under paragraph (3) of section 1234(b) in connection with thinning activities conducted on land described in subparagraph (B)(iii) of that paragraph; and (B) $50,000,000 for the period of fiscal years 2014 through 2018 to carry out section 1235(f) to facilitate the transfer of land subject to contracts from retired or retiring owners and operators to beginning farmers or ranchers and socially disadvantaged farmers or ranchers. (2) The Agricultural Conservation Easement Program under subtitle H using to the maximum extent practicable— (A) $223,000,000 for fiscal year 2014; (B) $702,000,000 for fiscal year 2015; (C) $500,000,000 for fiscal year 2016; (D) $525,000,000 for fiscal year 2017; and (E) $250,000,000 for fiscal year 2018. (3) The conservation security program under subchapter A of chapter 2 of subtitle D, using such sums as are necessary to administer contracts entered into before September 30, 2008. (4) The conservation stewardship program under subchapter B of chapter 2 of subtitle D. (5) The environmental quality incentives program under chapter 4 of subtitle D, using, to the maximum extent practicable— (A) $1,455,000,000 for fiscal year 2014; (B) $1,645,000,000 for fiscal year 2015; and (C) $1,650,000,000 for each of fiscal years 2016 through 2018. . (b) Guaranteed availability of funds Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 (1) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; and (2) by inserting after subsection (a) the following: (b) Availability of funds Amounts made available by subsection (a) shall be used by the Secretary to carry out the programs specified in such subsection for fiscal years 2014 through 2018 and shall remain available until expended. Amounts made available for the programs specified in such subsection during a fiscal year through modifications, cancellations, terminations, and other related administrative actions and not obligated in that fiscal year shall remain available for obligation during subsequent fiscal years, but shall reduce the amount of additional funds made available in the subsequent fiscal year by an amount equal to the amount remaining unobligated. . (c) Effective date The amendments made by this section shall take effect on October 1, 2013. 2602. Technical assistance Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 (c) Technical assistance (1) Availability of funds Commodity Credit Corporation funds made available for a fiscal year for each of the programs specified in subsection (a)— (A) shall be available for the provision of technical assistance for the programs for which funds are made available as necessary to implement the programs effectively; and (B) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) other than the program for which the funds were made available. (2) Report Not later than December 31, 2013, the Secretary shall submit (and update as necessary in subsequent years) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report— (A) detailing the amount of technical assistance funds requested and apportioned in each program specified in subsection (a) during the preceding fiscal year; and (B) any other data relating to this provision that would be helpful to such Committees. . 2603. Regional equity Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 (e) Regional equity (1) Equitable distribution When determining funding allocations each fiscal year, the Secretary shall, after considering available funding and program demand in each State, provide a distribution of funds for conservation programs under subtitle D (excluding the conservation reserve program under subchapter B of chapter 1), subtitle H (excluding wetland easements under section 1265C), and subtitle I to ensure equitable program participation proportional to historical funding allocations and usage by all States. (2) Minimum percentage In determining the specific funding allocations under paragraph (1), the Secretary shall— (A) ensure that during the first quarter of each fiscal year each State has the opportunity to establish that the State can use an aggregate allocation amount of at least 0.6 percent of the funds made available for those conservation programs; and (B) for each State that can so establish, provide an aggregate amount of at least 0.6 percent of the funds made available for those conservation programs. . 2604. Reservation of funds to provide assistance to certain farmers or ranchers for conservation access Subsection (h) of section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 (1) in paragraph (1) by striking 2012 2018 (2) by adding at the end the following: (4) Preference In providing assistance under paragraph (1), the Secretary shall give preference to a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) . 2605. Annual report on program enrollments and assistance Subsection (i) of section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 (1) in paragraph (1), by striking wetlands reserve program agricultural conservation easement program (2) by striking paragraphs (2) and (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4), respectively; (3) in paragraph (3) (as so redesignated)— (A) by striking agricultural water enhancement program regional conservation partnership program (B) by striking section 1240I(g) section 1271C(c)(3) (4) by adding at the end the following: (5) Payments made under the conservation stewardship program. (6) Waivers granted by the Secretary under section 1265B(b)(2)(C). . 2606. Administrative requirements for conservation programs Section 1244 of the Food Security Act of 1985 ( 16 U.S.C. 3844 (1) in subsection (a)(2), by adding at the end the following: (E) Veteran farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))). ; (2) in subsection (d), by inserting , H, and I (3) in subsection (f)— (A) in paragraph (1)(B), by striking country county (B) in paragraph (3), by striking subsection (c)(2)(B) or (f)(4) subsection (c)(2)(A)(ii) or (f)(2) (4) by striking subsection (i) and inserting the following: (i) Conservation application process (1) Initial application (A) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish a single, simplified application for eligible entities to use in initially requesting assistance under any conservation program administered by the Secretary (referred to in this subsection as the initial application (B) Requirements To the maximum extent practicable, the Secretary shall ensure that— (i) a conservation program applicant is not required to provide information that is duplicative of information or resources already available to the Secretary for that applicant and the specific operation of the applicant; and (ii) the initial application process is streamlined to minimize complexity and redundancy. (2) Review of application process (A) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall review the application process for each conservation program administered by the Secretary, including the forms and processes used to receive assistance requests from eligible program participants. (B) Requirements In carrying out the review, the Secretary shall determine what information the participant is required to submit during the application process, including— (i) identification information for the applicant; (ii) identification and location information for the land parcel or tract of concern; (iii) a general statement of the need or resource concern of the applicant for the land parcel or tract; and (iv) the minimum amount of other information the Secretary considers to be essential for the applicant to provide personally. (3) Revision and streamline (A) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall carry out a revision of the application forms and processes for each conservation program administered by the Secretary to enable use of information technology to incorporate appropriate data and information concerning the conservation needs and solutions appropriate for the land area identified by the applicant. (B) Goal The goal of the revision shall be to streamline the application process to minimize the burden placed on applicants. (4) Conservation program application (A) In general Once the needs of an applicant have been adequately assessed by the Secretary, or a third party provider under section 1242, based on the initial application, in order to determine the 1 or more programs under this title that best match the needs of the applicant, with the approval of the applicant, the Secretary may convert the initial application into the specific application for assistance for the relevant conservation program. (B) Secretarial burden To the maximum extent practicable, the Secretary shall— (i) complete the specific application for conservation program assistance for each applicant; and (ii) request only that specific further information from the applicant that is not already available to the Secretary. (5) Implementation and notification Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate written notification that the Secretary has fulfilled the requirements of this subsection. ; and (5) by adding at the end the following: (j) Improved administrative efficiency and effectiveness In administrating a conservation program under this title, the Secretary shall, to the maximum extent practicable— (1) seek to reduce administrative burdens and costs to producers by streamlining conservation planning and program resources; and (2) take advantage of new technologies to enhance efficiency and effectiveness. (k) Relation to other payments Any payment received by an owner or operator under this title, including an easement payment or rental payment, shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under any of the following: (1) This Act. (2) The Agricultural Act of 1949 ( 7 U.S.C. 1421 et seq. (3) The Agriculture Reform, Food, and Jobs Act of 2013 (4) Any law that succeeds a law specified in paragraph (1), (2), or (3). (l) Funding for Indian tribes In carrying out the conservation stewardship program under subchapter B of chapter 2 of subtitle D and the environmental quality incentives program under chapter 4 of subtitle D, the Secretary may enter into alternative funding arrangements with Indian tribes if the Secretary determines that the goals and objectives of the programs will be met by such arrangements, and that statutory limitations regarding contracts with individual producers will not be exceeded by any Tribal member. . 2607. Rulemaking authority Subtitle E of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3841 et seq. 1246. Regulations (a) In general The Secretary shall promulgate such regulations as are necessary to implement programs under this title, including such regulations as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under section 1244(f). (b) Rulemaking procedure The promulgation of regulations and administration of programs under this title— (1) shall be carried out without regard to— (A) the Statement of Policy of the Secretary effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (B) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act); and (2) shall be made as an interim rule effective on publication with an opportunity for notice and comment. (c) Congressional review of agency rulemaking In promulgating regulations under this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. . 2608. Standards for State technical committees Section 1261(b) of the Food Security Act of 1985 ( 16 U.S.C. 3861(b) Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall develop The Secretary shall review and update as necessary 2609. Highly erodible land and wetland conservation for crop insurance (a) Highly erodible land program ineligibility (1) In general Section 1211(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3811(a)(1)) is amended— (A) in subparagraph (C), by striking or (B) in subparagraph (D), by adding or (C) by adding at the end the following: (E) any portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); . (2) Exemptions Section 1212(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3812(a)(2) (A) in the first sentence, by striking (2) If, (2) Eligibility based on compliance with conservation plan (A) In general If, ; (B) in the second sentence, by striking In carrying (B) Minimization of documentation In carrying ; and (C) by adding at the end the following: (C) Crop insurance In the case of payments that are subject to section 1211 for the first time due to the amendment made by section 2609(a) of the Agriculture Reform, Food, and Jobs Act of 2013 . (b) Wetland conservation program ineligibility Section 1221(b) of the Food Security Act of 1985 ( 16 U.S.C. 3821 (4) Any portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). . H Repeal of superseded program authorities and transitional provisions 2701. Comprehensive conservation enhancement program Section 1230 of the Food Security Act of 1985 ( 16 U.S.C. 3830 2702. Emergency forestry conservation reserve program (a) Repeal Section 1231A of the Food Security Act of 1985 ( 16 U.S.C. 3831a (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1231A of the Food Security Act of 1985 ( 16 U.S.C. 3831a (2) Funding The Secretary may use funds made available to carry out the conservation reserve program under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2703. Wetlands reserve program (a) Repeal Subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3837 et seq. (b) Transitional provisions (1) Effect on existing contracts and easements The amendment made by this section shall not affect the validity or terms of any contract or easement entered into by the Secretary of Agriculture under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3837 et seq. (2) Funding (A) Use of prior year funds Notwithstanding the repeal of subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.), any funds made available from the Commodity Credit Corporation to carry out the wetlands reserve program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out contracts or easements referred to in paragraph (1) that were entered into prior to October 1, 2013 (including the provision of technical assistance), provided that no such contract or easement is modified so as to increase the amount of the payment received. (B) Other The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 2301, to continue to carry out contracts and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and easements as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2704. Farmland protection program and farm viability program (a) Repeal Subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838h et seq. (b) Transitional provisions (1) Effect on existing agreements and easements The amendment made by this section shall not affect the validity or terms of any agreement or easement entered into by the Secretary of Agriculture under subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838h et seq. (2) Funding (A) Use of prior year funds Notwithstanding the repeal of subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.), any funds made available from the Commodity Credit Corporation to carry out the farmland protection program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out agreements and easements referred to in paragraph (1) that were entered into prior to October 1, 2013 (including the provision of technical assistance). (B) Other On exhaustion of funds made available under subparagraph (A), the Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 2301, to continue to carry out agreements and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such agreements and easement as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2705. Grassland reserve program (a) Repeal Subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838n et seq. (b) Transitional provisions (1) Effect on existing contracts, agreements, and easements The amendment made by this section shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.) before October 1, 2013, or any payments required to be made in connection with the contract, agreement, or easement. (2) Funding (A) Use of prior year funds Notwithstanding the repeal of subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838n et seq. (B) Other The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 2301, to continue to carry out contracts, agreements, and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2706. Agricultural water enhancement program (a) Repeal Section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 (b) Transitional provisions (1) Effect on existing contracts and agreements The amendment made by this section shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 (2) Funding (A) Use of prior year funds Notwithstanding the repeal of section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 (B) Other On exhaustion of funds made available under subparagraph (A), the Secretary may use funds made available to carry out the regional conservation partnerships program under subtitle I of title XII of the Food Security Act of 1985, as added by section 2401, to continue to carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and agreements as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2707. Wildlife habitat incentive program (a) Repeal Section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 (2) Funding (A) Use of prior year funds Notwithstanding the repeal of section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 (B) Other On exhaustion of funds made available under subparagraph (A), the Secretary may use funds made available to carry out the environmental quality incentives program under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2708. Great Lakes basin program (a) Repeal Section 1240P of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–3 (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 2709. Chesapeake Bay watershed program (a) Repeal Section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 (b) Transitional provisions (1) Effect on existing contracts, agreements, and easements The amendment made by this section shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 (2) Funding (A) Use of prior year funds Notwithstanding the repeal of section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 (B) Other The Secretary may use funds made available to carry out the regional conservation partnerships program under subtitle I of title XII of the Food Security Act of 1985, as added by section 2401, to continue to carry out contracts, agreements, and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2710. Cooperative conservation partnership initiative (a) Repeal Section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 (b) Transitional provisions (1) Effect on existing contracts and agreements The amendment made by this section shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 (2) Funding (A) Use of prior year funds Notwithstanding the repeal of section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 (B) Other On exhaustion of funds made available under subparagraph (A), the Secretary may use funds made available to carry out the regional conservation partnerships program under subtitle I of title XII of the Food Security Act of 1985, as added by section 2401, to continue to carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and agreements as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2711. Environmental easement program Chapter 3 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839 et seq.) is repealed. 2712. Technical amendments (a) Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) E I (b) Section 1211(a) of the Food Security Act of 1985 ( 16 U.S.C. 3811(a) predominate predominant (c) Section 1242(i) of the Food Security Act of 1985 ( 16 U.S.C. 3842(i) speciality specialty III Trade A Food for Peace Act 3001. Set-aside for support for organizations through which nonemergency assistance is provided Effective October 1, 2013, section 202(e)(1) of the Food for Peace Act ( 7 U.S.C. 1722(e)(1) (1) in the matter preceding subparagraph (A), by striking 13 percent 15 percent (2) in subparagraph (A), by striking new and enhancing 3002. Food aid quality Section 202(h) of the Food for Peace Act ( 7 U.S.C. 1722(h) (1) by striking paragraph (1) and inserting the following: (1) In general The Administrator shall use funds made available for fiscal year 2014 and subsequent fiscal years to carry out this title— (A) to assess the types and quality of agricultural commodities and products donated for food aid; (B) to adjust products and formulations, including potential introduction of new fortificants and products, as necessary to cost-effectively meet nutrient needs of target populations; (C) to test prototypes; (D) to adopt new specifications or improve existing specifications for micronutrient fortified food aid products, based on the latest developments in food and nutrition science, and in coordination with other international partners; (E) to develop new program guidance to facilitate improved matching of products to purposes having nutritional intent, in coordination with other international partners; (F) to develop improved guidance for implementing partners on how to address nutritional deficiencies that emerge among recipients for whom food assistance is the sole source of diet in emergency programs that extend beyond 1 year, in coordination with other international partners; and (G) to evaluate, in appropriate settings and as necessary, the performance and cost-effectiveness of new or modified specialized food products and program approaches designed to meet the nutritional needs of the most vulnerable groups, such as pregnant and lactating mothers, and children under the age of 5. ; and (2) in paragraph (3), by striking 2011 2018 3003. Minimum levels of assistance Section 204(a) of the Food for Peace Act ( 7 U.S.C. 1724(a) (1) in paragraph (1), by striking 2012 2018 (2) in paragraph (2), by striking 2012 2018 3004. Reauthorization of Food Aid Consultative Group Section 205(f) of the Food for Peace Act (7 U.S.C. 1725(f)) is amended by striking 2012 2018 3005. Oversight, monitoring, and evaluation of Food for Peace Act programs Section 207(f) of the Food for Peace Act (7 U.S.C. 1726a(f)) is amended— (1) by striking paragraph (4) and redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and (2) in subparagraph (A) of paragraph (5) (as so redesignated)— (A) by striking 2012 2018 (B) by striking during fiscal year 2009 during the period of fiscal years 2014 through 2018 3006. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f)) is amended by striking 2012 2018 3007. Limitation on total volume of commodities monetized Section 403 of the Food for Peace Act (7 U.S.C. 1733) is amended by adding at the end the following: (m) Limitation on monetization of commodities (1) Limitation (A) In general Unless the Administrator grants a waiver under paragraph (2), no commodity may be made available under this Act unless the rate of return for the commodity (as determined under subparagraph (B)) is at least 70 percent. (B) Rate of return For purposes of subparagraph (A), the rate of return shall be equal to the proportion that— (i) the proceeds the implementing partners generate through monetization; bears to (ii) the cost to the Federal Government to procure and ship the commodities to a recipient country for monetization. (2) Waiver authority The Administrator may waive the application of the limitation in paragraph (1) with regard to a commodity for a recipient country if the Administrator determines that it is necessary to achieve the purposes of this Act in the recipient country. (3) Report Not later than 90 days after a waiver is granted under paragraph (2), the Administrator shall prepare, publish in the Federal Register, and submit to the Committees on Foreign Affairs, Agriculture, and Appropriations of the House of Representatives, and the Committees on Appropriations, Foreign Relations, and Agriculture, Nutrition, and Forestry of the Senate a report that— (A) contains the reasons for granting the waiver and the actual rate of return for the commodity; and (B) includes for the commodity the costs of bagging or further processing, ocean transportation, inland transportation in the recipient country, storage costs, and any other information that the Administrator determines to be necessary. . 3008. Flexibility Section 406 of the Food for Peace Act (7 U.S.C. 1736) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Flexibility Notwithstanding any other provision of law and as necessary to achieve the purposes of this Act, funds available under this Act may be used to pay the costs of up to 20 percent of activities conducted in recipient countries by nonprofit voluntary organizations, cooperatives, or intergovernmental agencies or organizations. . 3009. Procurement, transportation, testing, and storage of agricultural commodities for prepositioning in the United States and foreign countries Section 407 of the Food for Peace Act (7 U.S.C. 1736a) is amended— (1) in subparagraph (c)(4)(A)— (A) by striking 2012 2018 (B) by striking for each such fiscal year not more than $10,000,000 of such funds for each of fiscal years 2001 through 2012 not more than $10,000,000 of such funds and for each of fiscal years 2014 through 2018 not more than $15,000,000 of such funds (2) by adding at the end the following: (g) Funding for testing of food aid shipments Funds made available for agricultural products acquired under this Act and section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 . 3010. Deadline for agreements to finance sales or to provide other assistance Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by striking 2012 2018 3011. Minimum level of nonemergency food assistance Section 412 of the Food for Peace Act (7 U.S.C. 1736f) is amended by striking subsection (e) and inserting the following: (e) Minimum level of nonemergency food assistance (1) In general Subject to paragraph (2), of the amounts made available to carry out emergency and nonemergency food assistance programs under title II, not less than 20 nor more than 30 percent for each of fiscal years 2014 through 2018 shall be expended for nonemergency food assistance programs under title II. (2) Minimum level The amount made available to carry out nonemergency food assistance programs under title II shall not be less than $275,000,000 for any fiscal year. . 3012. Coordination of foreign assistance programs report Section 413 of the Food for Peace Act (7 U.S.C. 1736g) is amended— (1) by striking (a) In general To the maximum (2) by striking subsection (b). 3013. Micronutrient fortification programs (a) Elimination of obsolete reference to study Section 415(a)(2)(B) of the Food for Peace Act ( 7 U.S.C. 1736g–2(a)(2)(B) , using recommendations quality enhancements (b) Extension Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g–2(c)) is amended by striking 2012 2018 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended— (1) in subsection (d)— (A) by striking 0.5 percent 0.6 percent (B) by striking 2012 2018 (2) in subsection (e)(1), by striking 2012 2018 3015. Prohibition on assistance for North Korea (a) In general No amounts may be obligated or expended to provide assistance under title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq. (b) National interest waiver The President may waive subsection (a) if the President determines and certifies to the Committees on Agriculture, Nutrition, and Forestry and Foreign Relations of the Senate and the Committees on Agriculture and Foreign Affairs of the House of Representatives that the waiver is in the national interest of the United States. B Agricultural Trade Act of 1978 3101. Export credit guarantee programs Section 211 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5641 (b) Export credit guarantee programs The Commodity Credit Corporation shall make available for each of fiscal years 2014 through 2018 credit guarantees under section 202(a) in an amount equal to not more than $4,500,000,000 in credit guarantees. . 3102. Funding for market access program Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5641(c)(1)(A) 2012 2018 3103. Foreign market development cooperator program Section 703(a) of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5723(a) 2012 2018 C Other Agricultural Trade Laws 3201. Food for Progress Act of 1985 (a) Extension The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended— (1) in subsection (f)(3), by striking 2012 2018 (2) in subsection (g), by striking 2012 2018 (3) in subsection (k), by striking 2012 2018 (4) in subsection (l)(1), by striking 2012 2018 (b) Repeal of completed project Subsection (f) of the Food for Progress Act of 1985 ( 7 U.S.C. 1736o (c) Flexibility The Food for Progress Act of 1985 ( 7 U.S.C. 1736o l (5) Flexibility Notwithstanding any other provision of law and as necessary to achieve the purposes of this Act, funds available under this Act may be used to pay the costs of up to 20 percent of activities conducted in recipient countries by nonprofit voluntary organizations, cooperatives, or intergovernmental agencies or organizations. . (d) Limitation on total volume of commodities monetized The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended by adding at the end the following: (p) Limitation on monetization of commodities (1) Limitation (A) In general Unless the Secretary grants a waiver under paragraph (2), no eligible commodity may be made available under this section unless the rate of return for the eligible commodity (as determined under subparagraph (B)) is at least 70 percent. (B) Rate of return For purposes of subparagraph (A), the rate of return shall be equal to the proportion that— (i) the proceeds the implementing partners generate through monetization; bears to (ii) the cost to the Federal Government to procure and ship the eligible commodities to a recipient country for monetization. (2) Waiver authority The Secretary may waive the application of the limitation in paragraph (1) with regard to an eligible commodity for a recipient country if the Secretary determines that it is necessary to achieve the purposes of this Act in the recipient country. (3) Report Not later than 90 days after a waiver is granted under paragraph (2), the Secretary shall prepare, publish in the Federal Register, and submit to the Committees on Foreign Affairs, Agriculture, and Appropriations of the House of Representatives, and the Committees on Appropriations, Foreign Relations, and Agriculture, Nutrition, and Forestry of the Senate a report that— (A) contains the reasons for granting the waiver and the actual rate of return for the eligible commodity; and (B) includes for the commodity the costs of bagging or further processing, ocean transportation, inland transportation in the recipient country, storage costs, and any other information that the Secretary determines to be necessary. . 3202. Bill Emerson Humanitarian Trust Section 302 of the Bill Emerson Humanitarian Trust Act ( 7 U.S.C. 1736f–1 (1) in subsection (b)(2)(B)(i), by striking 2012 2018 (2) in subsection (h), by striking 2012 2018 3203. Promotion of agricultural exports to emerging markets (a) Direct credits or export credit guarantees Section 1542(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( Public Law 101–624 7 U.S.C. 5622 2012 2018 (b) Development of agricultural systems Section 1542(d)(1)(A)(i) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( Public Law 101–624 7 U.S.C. 5622 2012 2018 3204. McGovern-Dole International Food for Education and Child Nutrition Program (a) Reauthorization Section 3107(l)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(l)(2) 2012 2018 (b) Technical correction Section 3107(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(d) to 3205. Technical assistance for specialty crops (a) Purpose Section 3205(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5680(b) related barriers to trade technical barriers to trade (b) Funding Section 3205(e)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5680(e)(2) (1) by inserting and (2) by striking subparagraphs (D) and (E) and inserting the following new subparagraph: (D) $9,000,000 for each of fiscal years 2011 through 2018. . 3206. Global Crop Diversity Trust Section 3202(c) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 22 U.S.C. 2220a 2008 through 2012 2014 through 2018 3207. Local and regional food aid procurement projects Section 3206 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1726c (1) in subsection (b)— (A) by striking (b) Study; field-Based projects (2) Field-based projects (b) Field-Based projects ; (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately; (C) in paragraph (1) (as so redesignated), by striking subparagraph (B) paragraph (2) (D) in paragraph (2) (as so redesignated), by striking subparagraph (A) paragraph (1) (2) in subsection (c)(1), by striking subsection (b)(2) subsection (b) (3) by striking subsections (d), (f), and (g); (4) by redesignating subsection (e) as subsection (d); (5) in subsection (d) (as so redesignated)— (A) in paragraph (2)— (i) by striking subparagraph (B); and (ii) in subparagraph (A)— (I) by striking (A) Application To be eligible (A) In general To be eligible ; (II) by redesignating clause (ii) as subparagraph (B) and indenting appropriately; and (III) in subparagraph (B) (as so redesignated), by striking clause (i) subparagraph (A) (B) by striking paragraph (4); and (6) by adding at the end the following: (e) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2014 through 2018. (2) Preference In carrying out this section, the Secretary may give a preference to eligible organizations that have, or are working toward, projects under the McGovern-Dole International Food for Education and Child Nutrition Program established under section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 (3) Reporting Each year, the Secretary shall submit to the appropriate committees of Congress a report that describes the use of funds under this section, including— (A) the impact of procurements and projects on— (i) local and regional agricultural producers; and (ii) markets and consumers, including low-income consumers; and (B) implementation time frames and costs. . 3208. Donald Payne Horn of Africa food resilience program (a) Definitions In this section: (1) Administrator The term Administrator (2) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (B) the Committee on Agriculture of the House of Representatives; (C) the Committee on Foreign Relations of the Senate; and (D) the Committee on Foreign Affairs of the House of Representatives. (3) Eligible organization The term eligible organization (A) a private voluntary organization or cooperative that is, to the extent practicable, registered with the Administrator; or (B) an intergovernmental organization, such as the World Food Program. (4) Horn of Africa The term Horn of Africa (A) Ethiopia; (B) Somalia; (C) Kenya; (D) Djibouti; (E) Eritrea; (F) South Sudan; (G) Uganda; and (H) such other countries as the Administrator determines to be appropriate after providing notification to the appropriate committees of Congress. (5) Resilience The term resilience (A) the capacity to mitigate the negative impacts of crises (including natural disasters, conflicts, and economic shocks) in order to reduce loss of life and depletion of productive assets; (B) the capacity to respond effectively to crises, ensuring basic needs are met in a way that is integrated with long-term development efforts; and (C) the capacity to recover and rebuild after crises so that future shocks can be absorbed with less need for ongoing external assistance. (b) Purpose The purpose of this section is to establish a pilot program to effectively integrate all United States-funded emergency and long-term development activities that aim to improve food security in the Horn of Africa, building resilience so as— (1) to reduce the impacts of future crises; (2) to enhance local capacity for emergency response; (3) to enhance sustainability of long-term development programs targeting poor and vulnerable households; and (4) to reduce the need for repeated costly emergency operations. (c) Study (1) In general Not later than 30 days after the date of enactment of this Act, the Administrator shall initiate a study of prior programs to support resilience in the Horn of Africa conducted by— (A) other donor countries; (B) private voluntary organizations; (C) the World Food Program of the United Nations; and (D) multilateral institutions, including the World Bank. (2) Requirements The study shall— (A) include all programs implemented through the Agency for International Development, the Department of Agriculture, the Department of the Treasury, the Millennium Challenge Corporation, the Peace Corps, and other relevant Federal agencies; (B) evaluate how well the programs described in subparagraph (A) work together to complement each other and leverage impacts across programs; (C) include recommendations for how full integration of efforts can be achieved; and (D) evaluate the degree to which country-led development plans support programs that increase resilience, including review of the investments by each country in nutrition and safety nets. (3) Report Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study. (d) Field-Based project grants or cooperative agreements (1) In general The Administrator shall— (A) provide grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects that build resilience in the Horn of Africa in accordance with this section; and (B) develop a project approval process to ensure full integration of efforts. (2) Requirements of eligible organizations (A) Application To be eligible to receive a grant from, or enter into a cooperative agreement with, the Administrator under this subsection, an eligible organization shall submit to the Administrator an application by such date, in such manner, and containing such information as the Administrator may require. (B) Completion requirement To be eligible to receive a grant from, or enter into a cooperative agreement with, the Administrator under this subsection, an eligible organization shall agree— (i) to collect, not later than September 30, 2016, data containing the information required under subsection (f)(2) relating to the field-based project funded through the grant or cooperative agreement; and (ii) to provide to the Administrator the data collected under clause (i). (3) Requirements of Administrator (A) Project diversity (i) In general Subject to clause (ii) and subparagraph (B), in selecting proposals for field-based projects to fund under this section, the Administrator shall select a diversity of projects, including projects located in— (I) areas most prone to repeated crises; (II) areas with effective existing resilience programs that can be scaled; and (III) areas in all countries of the Horn of Africa. (ii) Priority In selecting proposals for field-based projects under clause (i), the Administrator shall ensure that the selected proposals are for field-based projects that— (I) effectively integrate emergency and long-term development programs to improve sustainability; (II) demonstrate the potential to reduce the need for future emergency assistance; and (III) build targeted productive safety nets, in coordination with host country governments, through food for work, cash for work, and other proven program methodologies. (B) Availability The Administrator shall not award a grant or cooperative agreement or approve a field-based project under this subsection until the date on which the Administrator promulgates regulations or issues guidelines under subsection (e). (e) Regulations; Guidelines (1) In general Not later than 180 days after the date of completion of the study under subsection (c), the Administrator shall promulgate regulations or issue guidelines to carry out field-based projects under this section. (2) Requirements In promulgating regulations or issuing guidelines under paragraph (1), the Administrator shall— (A) take into consideration the results of the study described in subsection (c); and (B) provide an opportunity for public review and comment. (f) Report (1) In general Not later than November 1, 2016, the Administrator shall submit to the appropriate committees of Congress a report that— (A) addresses each factor described in paragraph (2); and (B) is conducted in accordance with this section. (2) Required factors The report shall include baseline and end-of-project data that measures— (A) the prevalence of moderate and severe hunger so as to provide an accurate accounting of project impact on household access to and consumption of food during every month of the year prior to data collection; (B) household ownership of and access to productive assets, including at a minimum land, livestock, homes, equipment, and other materials assets needed for income generation; (C) household incomes, including informal sources of employment; and (D) the productive assets of women using the Women’s Empowerment in Agriculture Index. (3) Public access to records and reports Not later than 90 days after the date on which the report is submitted under paragraph (1), the Administrator shall provide public access to the report. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018. 3209. Agricultural trade enhancement study (a) Definition of agriculture committees and subcommittees In this section, the term agriculture committees and subcommittees (1) the Committee on Agriculture of the House of Representatives; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (3) the subcommittees on agriculture, rural development, food and drug administration, and related agencies of the Committees on Appropriations of the House of Representatives and the Senate. (b) Development The Secretary, in consultation with the agriculture committees and subcommittees, shall develop a study that takes into consideration a reorganization of international trade functions for imports and exports at the Department of Agriculture. (c) Implementation In implementing the study under this section, the Secretary— (1) in recognition of the importance of agricultural exports to the farm economy and the economy as a whole, may include a recommendation for the establishment of an Under Secretary for Trade and Foreign Agricultural Affairs; (2) may take into consideration how the Under Secretary described in paragraph (1) would serve as a multiagency coordinator of sanitary and phytosanitary issues and nontariff trade barriers in agriculture with respect to imports and exports of agricultural products; and (3) shall take into consideration all implications of a reorganization described in subsection (b) on domestic programs and operations of the Department of Agriculture. (d) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the agriculture committees and subcommittees a report describing the results of the study under this section. IV Nutrition A Supplemental nutrition assistance program 4001. Food distribution program on Indian reservations Section 4(b)(6)(F) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b)(6)(F) 2012 2018 4002. Standard utility allowances based on the receipt of energy assistance payments (a) Standard utility allowances in the supplemental nutrition assistance program Section 5(e)(6)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6)(C) (1) in clause (i), by inserting , subject to clause (iv) Secretary (2) in clause (iv)(I), by striking the household still incurs the payment received by, or made on behalf of, the household exceeds $10 or a higher amount annually, as determined by the Secretary. (b) Conforming amendment Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(f)(2)(A) , except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (c) Effective and implementation date (1) In general Except as provided in paragraph (2), this section and the amendments made by this section shall take effect beginning on October 1, 2013, for all certification periods beginning after that date. (2) State option to delay implementation for current recipients A State may, at the option of the State, implement a policy that eliminates or minimizes the effect of the amendments made by this section for households that receive a standard utility allowance as of the date of enactment of this Act for not more than a 180-day period beginning on the date on which the amendments made by this section would otherwise affect the benefits received by a household. 4003. Eligibility disqualifications Section 6(e)(3)(B) of Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(e)(3)(B) section (i) is part of a program of career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 (ii) is limited to remedial courses, basic adult education, literacy, or English as a second language; . 4004. Ending supplemental nutrition assistance program benefits for lottery or gambling winners (a) In general Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by adding at the end the following: (r) Ineligibility for benefits due to receipt of substantial lottery or gambling winnings (1) In general Any household in which a member receives substantial lottery or gambling winnings, as determined by the Secretary, shall lose eligibility for benefits immediately upon receipt of the winnings. (2) Duration of ineligibility A household described in paragraph (1) shall remain ineligible for participation until the household meets the allowable financial resources and income eligibility requirements under subsections (c), (d), (e), (f), (g), (i), (k), (l), (m), and (n) of section 5. (3) Agreements As determined by the Secretary, each State agency, to the maximum extent practicable, shall establish agreements with entities responsible for the regulation or sponsorship of gaming in the State to determine whether individuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling winnings. . (b) Conforming amendments Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by striking sections 6(b), 6(d)(2), and 6(g) subsections (b), (d)(2), (g), and (r) of section 6 4005. Retail food stores (a) Definition of retail food store Subsection (o)(1)(A) of section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 at least 2 at least 3 (b) Alternative benefit delivery Section 7(f) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(f) (1) by striking paragraph (2) and inserting the following: (2) Imposition of costs (A) In general Except as provided in subparagraph (B), the Secretary shall require participating retail food stores (including restaurants participating in a State option restaurant program intended to serve the elderly, disabled, and homeless) to pay 100 percent of the costs of acquiring, and arrange for the implementation of, electronic benefit transfer point-of-sale equipment and supplies, including related services. (B) Exemptions The Secretary may exempt from subparagraph (A)— (i) farmers’ markets, military commissaries, nonprofit food buying cooperatives, and establishments, organizations, programs, or group living arrangements described in paragraphs (5), (7), and (8) of section 3(k); and (ii) establishments described in paragraphs (3), (4), and (9) of section 3(k), other than restaurants participating in a State option restaurant program. ; and (2) by adding at the end the following: (4) Termination of manual vouchers (A) In general Effective beginning on the date of enactment of this paragraph, except as provided in subparagraph (B), no State shall issue manual vouchers to a household that receives supplemental nutrition assistance under this Act or allow retail food stores to accept manual vouchers as payment, unless the Secretary determines that the manual vouchers are necessary, such as in the event of an electronic benefit transfer system failure or a disaster situation. (B) Exemptions The Secretary may exempt categories of retail food stores or individual retail food stores from subparagraph (A) based on criteria established by the Secretary. (5) Unique identification number required The Secretary shall require all parties providing electronic benefit transfer services to provide for and maintain unique terminal identification number information through the supplemental nutrition assistance program electronic benefit transfer transaction routing system. . (c) Electronic benefit transfers Section 7(h)(3)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(3)(B) is operational— (ii) in the case of other participating stores, is operational (d) Approval of retail food stores and wholesale food concerns Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 (1) in subsection (a)— (A) in the second sentence of paragraph (a)(1), by striking ; and (C) ; (C) whether the applicant is located in an area with significantly limited access to food; and (D) (2) by adding at the end the following: (4) Retail food stores with significant sales of excepted items (A) In general No retail food store for which at least 45 percent of the total sales of the retail food store is from the sale of excepted items described in section 3(k)(1) may be authorized to accept and redeem benefits unless the Secretary determines that the participation of the retail food store is required for the effective and efficient operation of the supplemental nutrition assistance program. (B) Application Subparagraph (A) shall be effective— (i) in the case of retail food stores applying to be authorized for the first time, beginning on the date that is 1 year after the date of enactment of this paragraph; and (ii) in the case of retail food stores participating in the program on the date of enactment of this paragraph, during periodic reauthorization in accordance with paragraph (2)(A). ; and (3) by adding at the end the following: (g) EBT service requirement An approved retail food store shall provide adequate EBT service as described in section 7(h)(3)(B). . 4006. Improving security of food assistance Section 7(h)(8) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(8) (1) by striking the paragraph heading and inserting Replacement of cards (2) by striking A State (A) Fees A State ; and (3) by adding after subparagraph (A) (as so designated by paragraph (2)) the following: (B) Purposeful loss of cards (i) In general Subject to terms and conditions established by the Secretary in accordance with clause (ii), if a household makes excessive requests for replacement of the electronic benefit transfer card of the household, the Secretary may require a State agency to decline to issue a replacement card to the household unless the household, upon request of the State agency, provides an explanation for the loss of the card. (ii) Requirements The terms and conditions established by the Secretary shall provide that— (I) the household be given the opportunity to provide the requested explanation and meet the requirements under this paragraph promptly; (II) after an excessive number of lost cards, the head of the household shall be required to review program rights and responsibilities with State agency personnel authorized to make determinations under section 5(a); and (III) any action taken, including actions required under section 6(b)(2), other than the withholding of the electronic benefit transfer card until an explanation described in subclause (I) is provided, shall be consistent with the due process protections under section 6(b) or 11(e)(10), as appropriate. (C) Protecting vulnerable persons In implementing this paragraph, a State agency shall act to protect homeless persons, persons with disabilities, victims of crimes, and other vulnerable persons who lose electronic benefit transfer cards but are not intentionally committing fraud. (D) Effect on eligibility While a State may decline to issue an electronic benefits transfer card until a household satisfies the requirements under this paragraph, nothing in this paragraph shall be considered a denial of, or limitation on, the eligibility for benefits under section 5. . 4007. Technology modernization for retail food stores (a) Mobile technologies Section 7(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h) (14) Mobile technologies (A) In general Subject to subparagraph (B), the Secretary shall approve retail food stores to redeem benefits through electronic means other than wired point of sale devices for electronic benefit transfer transactions, if the retail food stores— (i) establish recipient protections regarding privacy, ease of use, access, and support similar to the protections provided for transactions made in retail food stores; (ii) bear the costs of obtaining, installing, and maintaining mobile technologies, including mechanisms needed to process EBT cards and transaction fees; (iii) demonstrate the foods purchased with benefits issued under this section through mobile technologies are purchased at a price not higher than the price of the same food purchased by other methods used by the retail food store, as determined by the Secretary; (iv) provide adequate documentation for each authorized transaction, as determined by the Secretary; and (v) meet other criteria as established by the Secretary. (B) Demonstration project on acceptance of benefits of mobile transactions (i) In general Before authorizing implementation of subparagraph (A) in all States, the Secretary shall pilot the use of mobile technologies determined by the Secretary to be appropriate to test the feasibility and implications for program integrity, by allowing retail food stores to accept benefits from recipients of supplemental nutrition assistance through mobile transactions. (ii) Demonstration projects To be eligible to participate in a demonstration project under clause (i), a retail food store shall submit to the Secretary for approval a plan that includes— (I) a description of the technology; (II) the manner by which the retail food store will provide proof of the transaction to households; (III) the provision of data to the Secretary, consistent with requirements established by the Secretary, in a manner that allows the Secretary to evaluate the impact of the demonstration on participant access, ease of use, and program integrity; and (IV) such other criteria as the Secretary may require. (iii) Date of completion The demonstration projects under this subparagraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2015. (C) Report to Congress The Secretary shall— (i) by not later than January 1, 2016, authorize implementation of subparagraph (A) in all States, unless the Secretary makes a finding, based on the data provided under subparagraph (B), that implementation in all States is not in the best interest of the supplemental nutrition assistance program; and (ii) if the determination made in clause (i) is not to implement subparagraph (A) in all States, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes the basis of the finding. . (b) Acceptance of benefits through on-Line transactions (1) In general Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended by adding at the end the following: (k) Option To accept program benefits through on-Line transactions (1) In general Subject to paragraph (4), the Secretary shall approve retail food stores to accept benefits from recipients of supplemental nutrition assistance through on-line transactions. (2) Requirements to accept benefits A retail food store seeking to accept benefits from recipients of supplemental nutrition assistance through on-line transactions shall— (A) establish recipient protections regarding privacy, ease of use, access, and support similar to the protections provided for transactions made in retail food stores; (B) ensure benefits are not used to pay delivery, ordering, convenience, or other fees or charges; (C) clearly notify participating households at the time a food order is placed— (i) of any delivery, ordering, convenience, or other fee or charge associated with the food purchase; and (ii) that any such fee cannot be paid with benefits provided under this Act; (D) ensure the security of on-line transactions by using the most effective technology available that the Secretary considers appropriate and cost-effective and that is comparable to the security of transactions at retail food stores; and (E) meet other criteria as established by the Secretary. (3) State agency action Each State agency shall ensure that recipients of supplemental nutrition assistance can use benefits on-line as described in this subsection as appropriate. (4) Demonstration project on acceptance of benefits through on-line transactions (A) In general Before the Secretary authorizes implementation of paragraph (1) in all States, the Secretary shall carry out a number of demonstration projects as determined by the Secretary to test the feasibility of allowing retail food stores to accept benefits through on-line transactions. (B) Demonstration projects To be eligible to participate in a demonstration project under subparagraph (A), a retail food store shall submit to the Secretary for approval a plan that includes— (i) a method of ensuring that benefits may be used to purchase only eligible items under this Act; (ii) a description of the method of educating participant households about the availability and operation of on-line purchasing; (iii) adequate testing of the on-line purchasing option prior to implementation; (iv) the provision of data as requested by the Secretary for purposes of analyzing the impact of the project on participant access, ease of use, and program integrity; (v) reports on progress, challenges, and results, as determined by the Secretary; and (vi) such other criteria, including security criteria, as established by the Secretary. (C) Date of completion The demonstration projects under this paragraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2015. (5) Report to Congress The Secretary shall— (A) by not later than January 1, 2016, authorize implementation of paragraph (1) in all States, unless the Secretary makes a finding, based on the data provided under paragraph (4), that implementation in all States is not in the best interest of the supplemental nutrition assistance program; and (B) if the determination made in subparagraph (A) is not to implement in all States, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes the basis of the finding. . (2) Conforming amendments (A) Section 7(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(b) purchase food in retail food stores purchase food from retail food stores (B) Section 10 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2019 retail food stores authorized to accept and redeem benefits through on-line transactions shall be authorized to accept benefits prior to the delivery of food if the delivery occurs within a reasonable time of the purchase, as determined by the Secretary, food so purchased, (c) Savings clause Nothing in this section or an amendment made by this section alter any requirements of the Food and Nutrition Act of 2008 7 U.S.C. 2011 et seq. 4008. Use of benefits for purchase of community-supported agriculture share Section 10 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2019 agricultural producers who market agricultural products directly to consumers shall be authorized to redeem benefits for the initial cost of the purchase of a community-supported agriculture share for an appropriate time in advance of food delivery as determined by the Secretary, as determined by the Secretary, 4009. Restaurant meals program (a) In general Section 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) (1) in paragraph (22), by striking and (2) in paragraph (23), by striking the period at the end of subparagraph (C) and inserting ; and (3) by adding at the end the following: (24) if the State elects to carry out a program to contract with private establishments to offer meals at concessional prices, as described in paragraphs 3, 4, and 9 of section 3(k)— (A) the plans of the State agency for operating the program, including— (i) documentation of a need that eligible homeless, elderly, and disabled clients are underserved in a particular geographic area; (ii) the manner by which the State agency will limit participation to only those private establishments that the State determines necessary to meet the need identified in clause (i); and (iii) any other conditions the Secretary may prescribe, such as the level of security necessary to ensure that only eligible recipients participate in the program; and (B) a report by the State agency to the Secretary annually, the schedule of which shall be established by the Secretary, that includes— (i) the number of households and individual recipients authorized to participate in the program, including any information on whether the individual recipient is elderly, disabled, or homeless; and (ii) an assessment of whether the program is meeting an established need, as documented under subparagraph (A)(i). . (b) Approval of retail food stores and wholesale food concerns Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 (h) Private establishments (1) In general Subject to paragraph (2), no private establishment that contracts with a State agency to offer meals at concessional prices as described in paragraphs 3, 4, and 9 of section 3(k) may be authorized to accept and redeem benefits unless the Secretary determines that the participation of the private establishment is required to meet a documented need in accordance with section 11(e)(24). (2) Existing contracts (A) In general If, on the day before the date of enactment of this subsection, a State has entered into a contract with a private establishment described in paragraph (1) and the Secretary has not determined that the participation of the private establishment is necessary to meet a documented need in accordance with section 11(e)(24), the Secretary shall allow the operation of the private establishment to continue without that determination of need for a period not to exceed 180 days from the date on which the Secretary establishes determination criteria, by regulation, under section 11(e)(24). (B) Justification If the Secretary makes a determination to terminate a contract with a private establishment that is in effect on the date of enactment of this subsection, the Secretary shall provide justification to the State in which the private establishment is located for that termination. (3) Report to Congress Not later than 90 days after September 30, 2013, and 90 days after the last day of each fiscal year thereafter, the Secretary shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the effectiveness of a program under this subsection using any information received from States under section 11(e)(24) as well as any other information the Secretary may have relating to the manner in which benefits are used. . (c) Conforming amendments Section 3(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(k)) is amended by inserting subject to section 9(h) concessional prices 4010. Quality control error rate determination Section 16(c) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(c) (10) Tolerance level For the purposes of this subsection, the Secretary shall set the tolerance level for excluding small errors at $25. . 4011. Performance bonus payments Section 16(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(d) (5) Use of performance bonus payments A State agency may use a performance bonus payment received under this subsection only to carry out the program established under this Act, including investments in— (A) technology; (B) improvements in administration and distribution; and (C) actions to prevent fraud, waste, and abuse. . 4012. Authorization of appropriations Section 18(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(a)(1) 2012 2018 4013. Assistance for community food projects Section 25 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2034 (1) in subsection (a)(1)(B)(ii)— (A) by striking subclause (I); and (B) by redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (2) in subsection (b), by adding at the end the following: (3) Funding (A) In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section not less than $5,000,000 for fiscal year 2014 and each fiscal year thereafter. (B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under subparagraph (A), without further appropriation. (C) Maintenance of funding The funding provided under subparagraph (A) shall supplement (and not supplant) other Federal funding made available to the Secretary to carry out this section. . 4014. Emergency food assistance (a) Purchase of commodities Section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) (1) in paragraph (1), by striking 2008 through 2012 2014 through 2018 (2) by striking paragraph (2) and inserting the following: (2) Amounts The Secretary shall use to carry out paragraph (1)— (A) for fiscal year 2013, $260,250,000; and (B) for each subsequent fiscal year, the dollar amount of commodities specified in subparagraph (A) adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30, 2013, and June 30 of the immediately preceding fiscal year, and subsequently increased by— (i) for fiscal year 2014, $28,000,000; (ii) for fiscal year 2015, $44,000,000; (iii) for fiscal year 2016, $24,000,000; (iv) for fiscal year 2017, $18,000,000; and (v) for fiscal year 2018 and each fiscal year thereafter, $10,000,000. ; and (3) by adding at the end the following: (3) Funds availability For purposes of the funds described in this subsection, the Secretary shall— (A) make the funds available for 2 fiscal years; and (B) allow States to carry over unexpended balances to the next fiscal year pursuant to such terms and conditions as are determined by the Secretary. . (b) Emergency food program infrastructure grants Section 209(d) of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7511a(d) 2012 2018 4015. Nutrition education Section 28(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036a(b) and physical activity healthy food choices 4016. Retail food store and recipient trafficking The Food and Nutrition Act of 2008 7 U.S.C. 2011 et seq. 29. Retail food store and recipient trafficking (a) Purpose The purpose of this section is to provide the Department of Agriculture with additional resources to prevent trafficking in violation of this Act by strengthening recipient and retail food store program integrity. (b) Use of funds Additional funds are provided under this section to supplement the retail food store and recipient integrity activities of the Department. (c) Funding (1) In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section not less than $18,500,000 for fiscal year 2014 and each fiscal year thereafter. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. (3) Maintenance of funding The funding provided under paragraph (1) shall supplement (and not supplant) other Federal funding for programs carried out under this Act. . 4017. Technical and conforming amendments (a) Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 (1) in subsection (g), by striking coupon, coupon (2) in subsection (k)(7), by striking or are and (3) by striking subsection (l); (4) by redesignating subsections (m) through (t) as subsections (l) through (s), respectively; and (5) by inserting after subsection (s) (as so redesignated) the following: (t) Supplemental nutrition assistance program . (b) Section 4(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(a) benefits Benefits (c) Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (1) in the last sentence of subsection (i)(2)(D), by striking section 13(b)(2) section 13(b) (2) in subsection (k)(4)(A), by striking paragraph (2)(H) paragraph (2)(G) (d) Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) (e) Section 7(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h) (f) Section 9(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018(a) (g) Section 12 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2021 (1) in subsection (b)(3)(C), by striking civil money penalties civil penalties (2) in subsection (g)(1), by striking ( 7 U.S.C. 1786 (42 U.S.C. 1786) (h) Section 15(b)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2024(b)(1) an benefit a benefit (i) Section 16(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(a) as amended. (j) Section 18(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(e) sections 7(f) section 7(f) (k) Section 22(b)(10)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)(10)(B)(i)) is amended in the last sentence by striking Food benefits Benefits (l) Section 26(f)(3)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2035(f)(3)(C) subsection subsections (m) Section 27(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a)(1) ( Public Law 98–8 7 U.S.C. 612c ( 7 U.S.C. 7515 (n) Section 509 of the Older Americans Act of 1965 ( 42 U.S.C. 3056g food stamp programs supplemental nutrition assistance programs (o) Section 4115(c)(2)(H) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1871) is amended by striking 531 454 B Commodity distribution programs 4101. Commodity distribution program Section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86 2012 2018 4102. Commodity supplemental food program Section 5 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c Public Law 93–86 (1) in paragraphs (1) and (2)(B) of subsection (a), by striking 2012 2018 (2) in the first sentence of subsection (d)(2), by striking 2012 2018 (3) by striking subsection (g) and inserting the following: (g) Eligibility Except as provided in subsection (m), the States shall only provide assistance under the commodity supplemental food program to low-income persons aged 60 and older. ; and (4) by adding at the end the following: (m) Phase-Out Notwithstanding any other provision of law, an individual who receives assistance under the commodity supplemental food program on the day before the date of enactment of this subsection shall continue to receive that assistance until the date on which the individual is no longer eligible for assistance under the eligibility requirements for the program in effect on the day before the date of enactment of this subsection. . 4103. Distribution of surplus commodities to special nutrition projects Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 ( 7 U.S.C. 1431e(2)(A) 2012 2018 4104. Technical and conforming amendments Section 3 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100–237 (1) in subsection (a)— (A) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) the program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); ; and (B) in paragraph (3)(D), by striking the Committee on Education and Labor the Committee on Education and the Workforce (2) in subsection (b)(1)(A)(ii), by striking section 32 of the Agricultural Adjustment Act ( 7 U.S.C. 601 et seq. section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c (3) in subsection (e)(1)(D)(iii), by striking subclause (II) and inserting the following: (II) the program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); ; and (4) in subsection (k), by striking the Committee on Education and Labor the Committee on Education and the Workforce C Miscellaneous 4201. Purchase of fresh fruits and vegetables for distribution to schools and service institutions Section 10603(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 612c–4(b) 2012 2018 4202. Seniors farmers' market nutrition program Section 4402(a) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007(a) 2012 2018 4203. Nutrition information and awareness pilot program Section 4403 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3171 Public Law 107–171 4204. Whole grain products Section 4305 of the Food, Conservation, and Energy Act of 2008 ( 42 U.S.C. 1755a (1) in subsection (a), by striking 2005 2010 (2) in subsection (d), by striking 2011 2015 (3) in subsection (e), by striking Labor of the House of Representative the Workforce of the House of Representatives (4) by adding at the end the following: (f) Funding (1) In general On October 1, 2013, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $10,000,000 for the period of fiscal years 2014 through 2015. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. (3) Maintenance of funding The funding provided under paragraph (1) shall supplement (and not supplant) other Federal funding (including funds made available under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c (A) the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 42 U.S.C. 1769a (B) the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq. (C) section 27 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036). . 4205. Hunger-free communities Section 4405 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7517 (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) Eligible entity (A) Collaborative grants In subsection (b), the term eligible entity (B) Incentive grants In subsection (c), the term eligible entity ; (B) by adding at the end the following: (4) Supplemental nutrition assistance program The term supplemental nutrition assistance program (5) Underserved community The term underserved community ; (2) in subsection (b)(1)(A), by striking not more than 50 percent of any funds made available under subsection (e) funds made available under subsection (d)(1) (3) by striking subsections (c), (d), and (e) and inserting the following: (c) Hunger-Free communities incentive grants (1) Authorization (A) In general In each of the years specified in subsection (d), the Secretary shall make grants to eligible entities in accordance with paragraph (2). (B) Federal share The Federal share of the cost of carrying out an activity under this subsection shall not exceed 50 percent of the total cost of the activity. (C) Non-Federal share (i) In general The non-Federal share of the cost of an activity under this subsection may be provided— (I) in cash or in-kind contributions as determined by the Secretary, including facilities, equipment, or services; and (II) by a State or local government or a private source. (ii) Limitation In the case of a for-profit entity, the non-Federal share described in clause (i) shall not include services of an employee, including salaries paid or expenses covered by the employer. (2) Criteria (A) In general For purposes of this subsection, an eligible entity is a governmental agency or nonprofit organization that— (i) meets the application criteria set forth by the Secretary; and (ii) proposes a project that, at a minimum— (I) has the support of the State agency; (II) would increase the purchase of fruits and vegetables by low-income consumers participating in the supplemental nutrition assistance program by providing incentives at the point of purchase; (III) agrees to participate in the evaluation described in paragraph (4); (IV) ensures that the same terms and conditions apply to purchases made by individuals with benefits issued under this Act and incentives provided for in this subsection as apply to purchases made by individuals who are not members of households receiving benefits, such as provided for in section 278.2(b) (V) includes effective and efficient technologies for benefit redemption systems that may be replicated in other for States and communities. (B) Priority In awarding grants under this section, the Secretary shall give priority to projects that— (i) maximize the share of funds used for direct incentives to participants; (ii) use direct-to-consumer sales marketing; (iii) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers; (iv) provide locally or regionally produced fruits and vegetables; (v) are located in underserved communities; or (vi) address other criteria as established by the Secretary. (3) Applicability (A) In general The value of any benefit provided to a participant in any activity funded under this subsection shall not be considered income or resources for any purpose under any Federal, State, or local law. (B) Prohibition on collection of sales taxes Each State shall ensure that no State or local tax is collected on a purchase of food under this subsection. (C) No limitation on benefits A grant made available under this subsection shall not be used to carry out any project that limits the use of benefits under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (D) Household allotment Assistance provided under this subsection to households receiving benefits under the supplemental nutrition assistance program shall not— (i) be considered part of the supplemental nutrition assistance program benefits of the household; or (ii) be used in the collection or disposition of claims under section 13 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2022 (4) Evaluation (A) Independent evaluation The Secretary shall provide for an independent evaluation of projects selected under this subsection that measures the impact of each project on— (i) improving the nutrition and health status of participating households receiving incentives under this subsection; and (ii) increasing fruit and vegetable purchases in participating households. (B) Requirement The independent evaluation under subparagraph (A) shall use rigorous methodologies capable of producing scientifically valid information regarding the effectiveness of a project. (C) Costs The Secretary may use funds not to exceed 10 percent of the funding provided to carry out this section to pay costs associated with administering, monitoring, and evaluating each project. (d) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out subsection (b) $5,000,000 for each of fiscal years 2014 through 2018. (2) Mandatory Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out subsection (c)— (A) $15,000,000 for fiscal year 2014; (B) $20,000,000 for each of fiscal years 2015 through 2017; and (C) $25,000,000 for fiscal year 2018. . 4206. Healthy Food Financing Initiative (a) In general Subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6951 et seq. 242. Healthy Food Financing Initiative (a) Purpose The purpose of this section is to enhance the authorities of the Secretary to support efforts to provide access to healthy food by establishing an initiative to improve access to healthy foods in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities by providing loans and grants to eligible fresh, healthy food retailers to overcome the higher costs and initial barriers to entry in underserved areas. (b) Definitions In this section: (1) Community development financial institution The term community development financial institution 12 U.S.C. 4702 (2) Initiative The term Initiative (3) National fund manager The term national fund manager (A) in existence on the date of enactment of this section; and (B) certified by the Community Development Financial Institution Fund of the Department of the Treasury to manage the Initiative for purposes of— (i) raising private capital; (ii) providing financial and technical assistance to partnerships; and (iii) funding eligible projects to attract fresh, healthy food retailers to underserved areas, in accordance with this section. (4) Partnership The term partnership (A) is organized to improve access to fresh, healthy foods; (B) provides financial and technical assistance to eligible projects; and (C) meets such other criteria as the Secretary may establish. (5) Perishable food The term perishable food (6) Quality job The term quality job (7) Staple food (A) In general The term staple food (B) Inclusions The term staple food (i) bread; (ii) flour; (iii) fruits; (iv) vegetables; and (v) meat. (c) Initiative (1) Establishment The Secretary shall establish an initiative to achieve the purpose described in subsection (a) in accordance with this subsection. (2) Implementation (A) In general (i) In general In carrying out the Initiative, the Secretary shall provide funding to entities with eligible projects, as described in subparagraph (B), subject to the priorities described in subparagraph (C). (ii) Use of funds Funds provided to an entity pursuant to clause (i) shall be used— (I) to create revolving loan pools of capital or other products to provide loans to finance eligible projects or partnerships; (II) to provide grants for eligible projects or partnerships; (III) to provide technical assistance to funded projects and entities seeking Initiative funding; and (IV) to cover administrative expenses of the national fund manager in an amount not to exceed 10 percent of the Federal funds provided. (B) Eligible projects Subject to the approval of the Secretary, the national fund manager shall establish eligibility criteria for projects under the Initiative, which shall include the existence or planned execution of agreements— (i) to expand or preserve the availability of staple foods in underserved areas with moderate- and low-income populations by maintaining or increasing the number of retail outlets that offer an assortment of perishable food and staple food items, as determined by the Secretary, in those areas; and (ii) to accept benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (C) Priorities In carrying out the Initiative, priority shall be given to projects that— (i) are located in severely distressed low-income communities, as defined by the Community Development Financial Institutions Fund of the Department of the Treasury; and (ii) include 1 or more of the following characteristics: (I) The project will create or retain quality jobs for low-income residents in the community. (II) The project supports regional food systems and locally grown foods, to the maximum extent practicable. (III) In areas served by public transit, the project is accessible by public transit. (IV) The project involves women- or minority-owned businesses. (V) The project receives funding from other sources, including other Federal agencies. (VI) The project otherwise advances the purpose of this section, as determined by the Secretary. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $125,000,000, to remain available until expended. . (b) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) (1) in paragraph (7), by striking or (2) in paragraph (8), by striking the period at the end and inserting ; or (3) by adding at the end the following: (9) the authority of the Secretary to establish and carry out the Health Food Financing Initiative under section 242. . 4207. Pulse crop products (a) Purpose The purpose of this section is to encourage greater awareness and interest in the number and variety of pulse crop products available to schoolchildren, as recommended by the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 (b) Definitions In this section: (1) Eligible pulse crop The term eligible pulse crop (2) Pulse crop product The term pulse crop product (c) Purchase of pulse crops and pulse crop products In addition to the commodities delivered under section 6 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1755 (1) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (2) the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 (d) Evaluation Not later than September 30, 2016, the Secretary shall conduct an evaluation of the activities conducted under subsection (c), including— (1) an evaluation of whether children participating in the school lunch and breakfast programs described in subsection (c) increased overall consumption of eligible pulse crops as a result of the activities; (2) an evaluation of which eligible pulse crops and pulse crop products are most acceptable for use in the school lunch and breakfast programs; (3) any recommendations of the Secretary regarding the integration of the use of pulse crop products in carrying out the school lunch and breakfast programs; (4) an evaluation of any change in the nutrient composition in the school lunch and breakfast programs due to the activities; and (5) an evaluation of any other outcomes determined to be appropriate by the Secretary. (e) Report As soon as practicable after the completion of the evaluation under subsection (d), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and the Workforce of the House of Representative a report describing the results of the evaluation. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. 4208. Dietary Guidelines for Americans Section 301(a) of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341(a)) is amended by adding at the end the following: (3) Pregnant women and young children Not later than the 2020 report and in each report thereafter, the Secretaries shall include national nutritional and dietary information and guidelines for pregnant women and children from birth until the age of 2. . 4209. Purchases of locally produced foods Section 9(j) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(j) (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately; (2) by striking The Secretary (1) In general The Secretary ; (3) in paragraph (1) (as so redesignated)— (A) in subparagraph (B)— (i) by striking paragraph (1) of the policy described in that paragraph and paragraph (3) subparagraph (A) of the policy described in that subparagraph and subparagraph (C) (ii) by striking and (B) in subparagraph (C), by striking the period at the end and inserting ; and (C) by adding at the end the following: (D) not later than 1 year after the date of enactment of this subparagraph, in accordance with paragraphs (2) and (3), conduct not fewer than 5 demonstration projects through school food authorities receiving funds under this Act and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ; and (4) by adding at the end the following: (2) Selection In conducting demonstration projects under paragraph (1)(D), the Secretary shall ensure that at least 1 project is located in a State in each of— (A) the Pacific Northwest Region; (B) the Northeast Region; (C) the Western Region; (D) the Midwest Region; and (E) the Southern Region. (3) Priority In selecting States for participation in the demonstration projects under paragraph (2), the Secretary shall prioritize applications based on— (A) the quantity and variety of growers of local fruits and vegetables in the State; (B) the demonstrated commitment of the State to farm-to-school efforts, as evidenced by prior efforts to increase and promote farm-to- school programs in the State; and (C) whether the State contains a sufficient quantity of school districts of varying population sizes and geographical locations. . V Credit A Farmer loans, servicing, and other assistance under the Consolidated Farm and Rural Development Act 5001. Farmer loans, servicing, and other assistance under the Consolidated Farm and Rural Development Act The Consolidated Farm and Rural Development Act (as amended by section 6001) is amended by inserting after section 3002 the following: A Farmer loans, servicing, and other assistance 1 Farm ownership loans 3101. Farm ownership loans (a) In general The Secretary may make or guarantee a farm ownership loan under this chapter to an eligible farmer. (b) Eligibility A farmer shall be eligible under subsection (a) only— (1) if the farmer, or, in the case of an entity, 1 or more individuals holding a majority interest in the farmer— (A) is a citizen of the United States; and (B) in the case of a direct loan, has training or farming experience that the Secretary determines is sufficient to ensure a reasonable prospect of success in the farming operation proposed by the farmer; (2) (A) in the case of a farmer that is an individual, if the farmer is or proposes to become an owner and operator of a farm that is not larger than a family farm; or (B) in the case of a lessee-operator of a farm located in the State of Hawaii, if the Secretary determines that— (i) the farm is not larger than a family farm; (ii) the farm cannot be acquired in fee simple by the lessee-operator; (iii) adequate security is provided for the loan with respect to the farm for which the lessee-operator applies under this chapter; and (iv) there is a reasonable probability of accomplishing the objectives and repayment of the loan; (3) in the case of a farmer that is a cooperative, corporation, partnership, trust, limited liability company, joint operation, or such other legal entity as the Secretary determines to be appropriate, with respect to the entity and each farm in which the entity has an ownership or operator interest— (A) if— (i) a majority interest is held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) all of the individuals are or propose to become owners or operators of a farm that is not larger than a family farm; and (iii) at least 1 of the individuals is or proposes to become an operator of the farm; or (B) if— (i) the entire interest is held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) all of the individuals are or propose to become farm operators; and (iii) the ownership interest of each individual separately constitutes not larger than a family farm, even if the ownership interests of the individuals collectively constitute larger than a family farm; (4) in the case of an entity that is, or will become within a reasonable period of time, as determined by the Secretary, only the operator of a family farm, if the 1 or more individuals who are the owners of the family farm own— (A) a percentage of the family farm that exceeds 50 percent; or (B) such other percentage as the Secretary determines to be appropriate; (5) in the case of an operator described in paragraph (3) that is owned, in whole or in part, by 1 or more other entities, if each of the individuals that have a direct or indirect ownership interest in such other entities also have a direct ownership interest in the entity applying as an individual; and (6) if the farmer and each individual that holds a majority interest in the farmer is unable to obtain credit elsewhere. (c) Direct loans (1) In general Subject to paragraph (2), the Secretary may make a direct loan under this chapter only to a farmer who has participated in business operations of a farm for not less than 3 years (or has other acceptable experience for a period of time determined by the Secretary) and— (A) is a qualified beginning farmer; (B) has not received a previous direct farm ownership loan made under this chapter; or (C) has not received a direct farm ownership loan under this chapter more than 10 years before the date on which the new loan would be made. (2) Youth loans The operation of an enterprise by a youth under section 3201(d) shall not be considered the operation of a farm for purposes of paragraph (1). 3102. Purposes of loans (a) Allowed purposes (1) Direct loans A farmer may use a direct loan made under this chapter only— (A) to acquire or enlarge a farm; (B) to make capital improvements to a farm; (C) to pay loan closing costs related to acquiring, enlarging, or improving a farm; (D) to pay for activities to promote soil and water conservation and protection described in section 3103 on a farm; or (E) to refinance a temporary bridge loan made by a commercial or cooperative lender to a farmer for the acquisition of land for a farm, if— (i) the Secretary approved an application for a direct farm ownership loan to the farmer for acquisition of the land; and (ii) funds for direct farm ownership loans under section 3201(a) were not available at the time at which the application was approved. (2) Guaranteed loans A farmer may use a loan guaranteed under this chapter only— (A) to acquire or enlarge a farm; (B) to make capital improvements to a farm; (C) to pay loan closing costs related to acquiring, enlarging, or improving a farm; (D) to pay for activities to promote soil and water conservation and protection described in section 3103 on a farm; or (E) to refinance indebtedness. (b) Preferences In making or guaranteeing a loan under this chapter for purchase of a farm, the Secretary shall give preference to a person who— (1) has a dependent family; (2) to the extent practicable, is able to make an initial down payment on the farm; or (3) is an owner of livestock or farm equipment that is necessary to successfully carry out farming operations. (c) Hazard insurance requirement The Secretary may not make a loan to a farmer under this chapter unless the farmer has, or agrees to obtain, hazard insurance on any real property to be acquired or improved with the loan. 3103. Conservation loan and loan guarantee program (a) In general The Secretary may make or guarantee qualified conservation loans to eligible borrowers under this section. (b) Definitions In this section: (1) Conservation plan The term conservation plan (A) the installation of conservation structures to address soil, water, and related resources; (B) the establishment of forest cover for sustained yield timber management, erosion control, or shelter belt purposes; (C) the installation of water conservation measures; (D) the installation of waste management systems; (E) the establishment or improvement of permanent pasture; (F) compliance with section 1212 of the Food Security Act of 1985 ( 16 U.S.C. 3812 (G) other purposes consistent with the plan, including the adoption of any other emerging or existing conservation practices, techniques, or technologies approved by the Secretary. (2) Qualified conservation loan The term qualified conservation loan (3) Qualified conservation project The term qualified conservation project (c) Eligibility (1) In general The Secretary may make or guarantee loans to farmers. (2) Requirements To be eligible for a loan under this section, applicants shall meet the citizenship and training and experience requirements of section 3101(b). (d) Priority In making or guaranteeing loans under this section, the Secretary shall give priority to— (1) qualified beginning farmers and socially disadvantaged farmers; (2) owners or tenants who use the loans to convert to sustainable or organic agricultural production systems; and (3) producers who use the loans to build conservation structures or establish conservation practices to comply with section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812). (e) Limitations applicable to loan guarantees The portion of a loan that the Secretary may guarantee under this section shall not exceed 75 percent of the principal amount of the loan. (f) Administrative provisions The Secretary shall ensure, to the maximum extent practicable, that loans made or guaranteed under this section are distributed across diverse geographic regions. (g) Credit eligibility The provisions of paragraphs (1) and (3) of section 3406(a) shall not apply to loans made or guaranteed under this section. (h) Authorization of appropriations For each of fiscal years 2013 through 2018, there are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. 3104. Loan maximums (a) Maximum (1) In general The Secretary shall make or guarantee no loan under sections 3101, 3102, 3103, 3106, and 3107 that would cause the unpaid indebtedness under those sections of any 1 borrower to exceed the lesser of— (A) the value of the farm or other security, or (B) (i) in the case of a loan made by the Secretary, $300,000; or (ii) in the case of a loan guaranteed by the Secretary, $700,000 (as modified under paragraph (2)). (2) Modification The amount specified in paragraph (1)(B)(ii) shall be— (A) increased, beginning with fiscal year 2000, by the inflation percentage applicable to the fiscal year in which the loan is guaranteed; and (B) reduced by the amount of any unpaid indebtedness of the borrower on loans under chapter 2 that are guaranteed by the Secretary. (b) Determination of value In determining the value of the farm, the Secretary shall consider appraisals made by competent appraisers under rules established by the Secretary. (c) Inflation percentage For purposes of this section, the inflation percentage applicable to a fiscal year is the percentage (if any) by which— (1) the average of the Prices Paid By Farmers Index (as compiled by the National Agricultural Statistics Service of the Department) for the 12-month period ending on August 31 of the immediately preceding fiscal year; exceeds (2) the average of that index (as so defined) for the 12-month period ending on August 31, 1996. 3105. Repayment requirements for farm ownership loans (a) Period for repayment The period for repayment of a loan under this chapter shall not exceed 40 years. (b) Interest rates (1) In general Except as otherwise provided in this title, the interest rate on a loan under this chapter shall be determined by the Secretary at a rate— (A) not to exceed the sum obtained by adding— (i) the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of the loan; and (ii) an amount not to exceed 1 percent, as determined by the Secretary; and (B) adjusted to the nearest 1/8 (2) Low income farm ownership loans Except as provided in paragraph (3), the interest rate on a loan (other than a guaranteed loan) under section 3106 shall be determined by the Secretary at a rate that is— (A) not greater than the sum obtained by adding— (i) an amount that does not exceed 1/2 (ii) an amount not to exceed 1 percent per year, as the Secretary determines is appropriate; and (B) not less than 5 percent per year. (3) Joint financing arrangement If a direct farm ownership loan is made under this chapter as part of a joint financing arrangement and the amount of the direct farm ownership loan does not exceed 50 percent of the total principal amount financed under the arrangement, the interest rate on the direct farm ownership loan shall be at least 4 percent annually. (4) Guaranteed loans The interest rate on a loan made under this chapter as a guaranteed loan shall be such rate as may be agreed on by the borrower and the lender, but not in excess of any rate determined by the Secretary. (c) Payment of charges A borrower of a loan made or guaranteed under this chapter shall pay such fees and other charges as the Secretary may require, and prepay to the Secretary such taxes and insurance as the Secretary may require, on such terms and conditions as the Secretary may prescribe. (d) Security (1) In general The Secretary shall take as security for an obligation entered into in connection with a loan, a mortgage on a farm with respect to which the loan is made or such other security as the Secretary may require. (2) Liens to united states An instrument for security under paragraph (1) may constitute a lien running to the United States notwithstanding the fact that the note for the security may be held by a lender other than the United States. (3) Multiple loans A borrower may use the same collateral to secure 2 or more loans made or guaranteed under this chapter, except that the outstanding amount of the loans may not exceed the total value of the collateral. (e) Mineral rights as collateral (1) In general In the case of a farm ownership loan made after December 23, 1985, unless appraised values of the rights to oil, gas, or other minerals are specifically included as part of the appraised value of collateral securing the loan, the rights to oil, gas, or other minerals located under the property shall not be considered part of the collateral securing the loan. (2) Compensatory payments Nothing in this subsection prevents the inclusion of, as part of the collateral securing the loan, any payment or other compensation the borrower may receive for damages to the surface of the collateral real estate resulting from the exploration for or recovery of minerals. (f) Additional collateral The Secretary may not— (1) require any borrower to provide additional collateral to secure a farmer program loan made or guaranteed under this subtitle, if the borrower is current in the payment of principal and interest on the loan; or (2) bring any action to foreclose, or otherwise liquidate, the loan as a result of the failure of a borrower to provide additional collateral to secure the loan, if the borrower was current in the payment of principal and interest on the loan at the time the additional collateral was requested. 3106. Limited-resource loans (a) In general The Secretary may make or guarantee a limited-resource loan for any of the purposes specified in sections 3102(a) or 3103(a) to a farmer in the United States who— (1) in the case of an entity, all members, stockholders, or partners are eligible under section 3101(b); (2) has a low income; and (3) demonstrates a need to maximize the income of the farmer from farming operations. (b) Installments A loan made or guaranteed under this section shall be repayable in such installments as the Secretary determines will provide for reduced payments during the initial repayment period of the loan and larger payments during the remainder of the repayment period of the loan. (c) Interest rates Except as provided in section 3105(b)(3) and in section 3204(b)(3), the interest rate on loans (other than guaranteed loans) under this section shall not be— (1) greater than the sum obtained by adding— (A) an amount that does not exceed 1/2 (B) an amount not exceeding 1 percent per year, as the Secretary determines is appropriate; or (2) less than 5 percent per year. 3107. Downpayment loan program (a) In general (1) Establishment Notwithstanding any other provision of this chapter, the Secretary shall establish, under the farm ownership loan program established under this chapter, a program under which loans shall be made under this section to a qualified beginning farmer or a socially disadvantaged farmer for a downpayment on a farm ownership loan. (2) Coordination The Secretary shall be the primary coordinator of credit supervision for the downpayment loan program established under this section, in consultation with a commercial or cooperative lender and, if applicable, a contracting credit counseling service selected under section 3420(c). (b) Loan terms (1) Principal Each loan made under this section shall be in an amount that does not exceed 45 percent of the lesser of— (A) the purchase price of the farm to be acquired; (B) the appraised value of the farm to be acquired; or (C) $667,000. (2) Interest rate The interest rate on any loan made by the Secretary under this section shall be a rate equal to the greater of— (A) the difference between— (i) 4 percent; and (ii) the interest rate for farm ownership loans under this chapter; or (B) 1.5 percent. (3) Duration Each loan under this section shall be made for a period of 20 years or less, at the option of the borrower. (4) Repayment Each borrower of a loan under this section shall repay the loan to the Secretary in equal annual installments. (5) Nature of retained security interest The Secretary shall retain an interest in each farm acquired with a loan made under this section that shall— (A) be secured by the farm; (B) be junior only to such interests in the farm as may be conveyed at the time of acquisition to the person (including a lender) from whom the borrower obtained a loan used to acquire the farm; and (C) require the borrower to obtain the permission of the Secretary before the borrower may grant an additional security interest in the farm. (c) Limitations (1) Borrowers required to make minimum down payment The Secretary shall not make a loan under this section to any borrower with respect to a farm if the contribution of the borrower to the down payment on the farm will be less than 5 percent of the purchase price of the farm. (2) Prohibited types of financing The Secretary shall not make a loan under this section with respect to a farm if the farm is to be acquired with other financing that contains any of the following conditions: (A) The financing is to be amortized over a period of less than 30 years. (B) A balloon payment will be due on the financing during the 20-year period beginning on the date on which the loan is to be made by the Secretary. (d) Administration In carrying out this section, the Secretary shall, to the maximum extent practicable— (1) facilitate the transfer of farms from retiring farmers to persons eligible for insured loans under this subtitle; (2) make efforts to widely publicize the availability of loans under this section among— (A) potentially eligible recipients of the loans; (B) retiring farmers; and (C) applicants for farm ownership loans under this chapter; (3) encourage retiring farmers to assist in the sale of their farms to qualified beginning farmers and socially disadvantaged farmers providing seller financing; (4) coordinate the loan program established by this section with State programs that provide farm ownership or operating loans for beginning farmers or socially disadvantaged farmers; and (5) establish annual performance goals to promote the use of the down payment loan program and other joint financing arrangements as the preferred choice for direct real estate loans made by any lender to a qualified beginning farmer or socially disadvantaged farmer. 3108. Beginning farmer and socially disadvantaged farmer contract land sales program (a) In general The Secretary shall, in accordance with this section, guarantee a loan made by a private seller of a farm to a qualified beginning farmer or socially disadvantaged farmer on a contract land sales basis. (b) Eligibility To be eligible for a loan guarantee under subsection (a)— (1) the qualified beginning farmer or socially disadvantaged farmer shall— (A) on the date the contract land sale that is subject of the loan is complete, own and operate the farm that is the subject of the contract land sale; (B) have a credit history that— (i) includes a record of satisfactory debt repayment, as determined by the Secretary; and (ii) is acceptable to the Secretary; and (C) demonstrate to the Secretary that the farmer is unable to obtain sufficient credit without a guarantee to finance any actual need of the farmer at a reasonable rate or term; and (2) the loan shall meet applicable underwriting criteria, as determined by the Secretary. (c) Limitations The Secretary shall not provide a loan guarantee under subsection (a) if— (1) the contribution of the qualified beginning farmer or socially disadvantaged farmer to the down payment for the farm that is the subject of the contract land sale would be less than 5 percent of the purchase price of the farm; or (2) the purchase price or the appraisal value of the farm that is the subject of the contract land sale is greater than $500,000. (d) Period of guarantee A loan guarantee under this section shall be in effect for the 10-year period beginning on the date on which the guarantee is provided. (e) Guarantee plan (1) Selection of plan A private seller of a farm who makes a loan guaranteed by the Secretary under subsection (a) may select— (A) a prompt payment guarantee plan, which shall cover— (i) 3 amortized annual installments; or (ii) an amount equal to 3 annual installments (including an amount equal to the total cost of any tax and insurance incurred during the period covered by the annual installments); or (B) a standard guarantee plan, which shall cover an amount equal to 90 percent of the outstanding principal of the loan. (2) Eligibility for standard guarantee plan To be eligible for a standard guarantee plan referred to in paragraph (1)(B), a private seller shall— (A) secure a commercial lending institution or similar entity, as determined by the Secretary, to serve as an escrow agent; or (B) in cooperation with the farmer, use an appropriate alternate arrangement, as determined by the Secretary. 2 Operating loans 3201. Operating loans (a) In general The Secretary may make or guarantee an operating loan under this chapter to an eligible farmer in the United States. (b) Eligibility A farmer shall be eligible under subsection (a) only— (1) if the farmer, or an individual holding a majority interest in the farmer— (A) is a citizen of the United States; and (B) has training or farming experience that the Secretary determines is sufficient to ensure a reasonable prospect of success in the farming operation proposed by the farmer; (2) in the case of a farmer that is an individual, if the farmer is or proposes to become an operator of a farm that is not larger than a family farm; (3) in the case of a farmer that is a cooperative, corporation, partnership, trust, limited liability company, joint operation, or other such legal entity as the Secretary determines to be appropriate, with respect to the entity and each farm in which the entity has an ownership or operator interest— (A) if— (i) a majority interest is held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) all of the individuals are or propose to become owners or operators of a farm that is not larger than a family farm; and (iii) at least 1 of the individuals is or proposes to become an operator of the farm; or (B) if— (i) the entire interest is held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) all of the individuals are or propose to become farm operators; and (iii) the ownership interest of each individual separately constitutes not larger than a family farm, even if the ownership interests of the individuals collectively constitute larger than a family farm; (4) in the case of an operator described in paragraph (3) that is owned, in whole or in part by 1 or more other entities, if not less than 75 percent of the ownership interests of each other entity is owned directly or indirectly by 1 or more individuals who own the family farm; and (5) if the farmer and each individual that holds a majority interest in the farmer is unable to obtain credit elsewhere. (c) Direct loans (1) In general Subject to paragraph (3), the Secretary may make a direct loan under this chapter only to a farmer who— (A) is a qualified beginning farmer; (B) has not received a previous direct operating loan made under this chapter; or (C) has not received a direct operating loan made under this chapter for a total of 7 years, less 1 year for every 3 consecutive years the farmer did not receive a direct operating loan after the year in which the borrower initially received a direct operating loan under this chapter, as determined by the Secretary. (2) Youth loans In this subsection, the term direct operating loan (3) Transition rule If, as of April 4, 1996, a farmer has received a direct operating loan under this chapter during each of 4 or more previous years, the borrower shall be eligible to receive a direct operating loan under this chapter during 3 additional years after April 4, 1996. (4) Waivers (A) Farm operations on tribal land The Secretary shall waive the limitation under paragraph (1)(C) or (3) for a direct loan made under this chapter to a farmer whose farm land is subject to the jurisdiction of an Indian tribe and whose loan is secured by 1 or more security instruments that are subject to the jurisdiction of an Indian tribe if the Secretary determines that commercial credit is not generally available for such farm operations. (B) Other farm operations On a case-by-case determination not subject to administrative appeal, the Secretary may grant a borrower a waiver, 1 time only for a period of 2 years, of the limitation under paragraph (1)(C) or (3) for a direct operating loan if the borrower demonstrates to the satisfaction of the Secretary that— (i) the borrower has a viable farm operation; (ii) the borrower applied for commercial credit from at least 2 commercial lenders; (iii) the borrower was unable to obtain a commercial loan (including a loan guaranteed by the Secretary); and (iv) the borrower successfully has completed, or will complete within 1 year, borrower training under section 3419 (from which requirement the Secretary shall not grant a waiver under section 3419(f)). (d) Youth loans (1) In general Notwithstanding subsection (b), except for citizenship and credit requirements, a loan may be made under this chapter to a youth who is a rural resident to enable the youth to operate an enterprise in connection with the participation in a youth organization, as determined by the Secretary. (2) Full personal liability A youth receiving a loan under this subsection who executes a promissory note for the loan shall incur full personal liability for the indebtedness evidenced by the note, in accordance with the terms of the note, free of any disability of minority. (3) Cosigner The Secretary may accept the personal liability of a cosigner of a promissory note for a loan under this subsection, in addition to the personal liability of the youth borrower. (4) Youth enterprises not farming The operation of an enterprise by a youth under this subsection shall not be considered the operation of a farm under this subtitle. (e) Pilot loan program To support healthy foods for the hungry (1) Definition of gleaner In this subsection, the term gleaner (A) collects edible, surplus food that would be thrown away and distributes the food to agencies or nonprofit organizations that feed the hungry; or (B) harvests for free distribution to the needy, or for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that has been donated by the owner of the crop. (2) Program Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish, within the operating loan program established under this chapter, a pilot program under which the Secretary makes loans available to eligible entities to assist the entities in providing food to the hungry. (3) Eligibility In addition to any other person eligible under the terms and conditions of the operating loan program established under this chapter, gleaners shall be eligible to receive loans under this subsection. (4) Loan amount (A) In general Each loan issued under the program shall be in an amount of not less than $500 and not more than $5,000. (B) Redistribution If the eligible recipients in a State do not use the full allocation of loans that are available to eligible recipients in the State under this subsection, the Secretary may use any unused amounts to make loans available to eligible entities in other States in accordance with this subsection. (5) Loan processing (A) In general The Secretary shall process any loan application submitted under the program not later than 30 days after the date on which the application was submitted. (B) Expediting applications The Secretary shall take any measure the Secretary determines necessary to expedite any application submitted under the program. (6) Paperwork reduction The Secretary shall take measures to reduce any paperwork requirements for loans under the program. (7) Program integrity The Secretary shall take such actions as are necessary to ensure the integrity of the program established under this subsection. (8) Maximum amount Of funds that are made available to carry out this chapter, the Secretary shall use to carry out this subsection a total amount of not more than $500,000. (9) Report Not later than 180 days after the maximum amount of funds are used to carry out this subsection under paragraph (8), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the pilot program and the feasibility of expanding the program. 3202. Purposes of loans (a) Direct loans A direct loan may be made under this chapter only— (1) to pay the costs incident to reorganizing a farm for more profitable operation; (2) to purchase livestock, poultry, or farm equipment; (3) to purchase feed, seed, fertilizer, insecticide, or farm supplies, or to meet other essential farm operating expenses, including cash rent; (4) to finance land or water development, use, or conservation; (5) to pay loan closing costs; (6) to assist a farmer in changing the equipment, facilities, or methods of operation of a farm to comply with a standard promulgated under section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 29 U.S.C. 667 (7) to train a limited-resource borrower receiving a loan under section 3106 in maintaining records of farming operations; (8) to train a borrower under section 3419; (9) to refinance the indebtedness of a borrower, if the borrower— (A) has refinanced a loan under this chapter not more than 4 times previously; and (B) (i) is a direct loan borrower under this title at the time of the refinancing and has suffered a qualifying loss because of a natural or major disaster or emergency; or (ii) is refinancing a debt obtained from a creditor other than the Secretary; or (10) to provide other farm or home needs, including family subsistence. (b) Guaranteed loans A loan may be guaranteed under this chapter only— (1) to pay the costs incident to reorganizing a farm for more profitable operation; (2) to purchase livestock, poultry, or farm equipment; (3) to purchase feed, seed, fertilizer, insecticide, or farm supplies, or to meet other essential farm operating expenses, including cash rent; (4) to finance land or water development, use, or conservation; (5) to refinance indebtedness; (6) to pay loan closing costs; (7) to assist a farmer in changing the equipment, facilities, or methods of operation of a farm to comply with a standard promulgated under section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 29 U.S.C. 667 (8) to train a borrower under section 3419; or (9) to provide other farm or home needs, including family subsistence. (c) Hazard insurance requirement The Secretary may not make a loan to a farmer under this chapter unless the farmer has, or agrees to obtain, hazard insurance on the property to be acquired with the loan. (d) Private reserve (1) In general Notwithstanding any other provision of this title, the Secretary may reserve a portion of any loan made under this chapter to be placed in an unsupervised bank account that may be used at the discretion of the borrower for the basic family needs of the borrower and the immediate family of the borrower. (2) Limit on size of the reserve The size of the reserve shall not exceed the lesser of— (A) 10 percent of the loan; (B) $5,000; or (C) the amount needed to provide for the basic family needs of the borrower and the immediate family of the borrower for 3 calendar months. 3203. Restrictions on loans (a) Requirements (1) In general The Secretary may not make or guarantee a loan under this chapter— (A) that would cause the total principal indebtedness outstanding at any 1 time for loans made under this chapter to any 1 borrower to exceed— (i) (I) in the case of a loan made by the Secretary, $300,000; or (II) in the case of a loan guaranteed by the Secretary, $700,000 (as modified under paragraph (2)); or (B) for the purchasing or leasing of land other than for cash rent, or for carrying on a land leasing or land purchasing program. (2) Modification The amount specified in paragraph (1)(A)(ii) shall be— (A) increased, beginning with fiscal year 2000, by the inflation percentage applicable to the fiscal year in which the loan is guaranteed; and (B) reduced by the unpaid indebtedness of the borrower on loans under sections specified in section 3104 that are guaranteed by the Secretary. (b) Inflation percentage For purposes of this section, the inflation percentage applicable to a fiscal year is the percentage (if any) by which— (1) the average of the Prices Paid By Farmers Index (as compiled by the National Agricultural Statistics Service of the Department) for the 12-month period ending on August 31 of the immediately preceding fiscal year; exceeds (2) the average of that index (as so defined) for the 12-month period ending on August 31, 1996. 3204. Terms of loans (a) Personal liability A borrower of a loan made under this chapter shall secure the loan with the full personal liability of the borrower and such other security as the Secretary may prescribe. (b) Interest rates (1) Maximum rate (A) In general Except as provided in paragraphs (2) and (3), the interest rate on a loan made under this chapter (other than a guaranteed loan) shall be determined by the Secretary at a rate not to exceed the sum obtained by adding— (i) the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of the loan; and (ii) an additional charge not to exceed 1 percent, as determined by the Secretary. (B) Adjustment The sum obtained under subparagraph (A) shall be adjusted to the nearest 1/8 (2) Guaranteed loan The interest rate on a guaranteed loan made under this chapter shall be such rate as may be agreed on by the borrower and the lender, but may not exceed any rate prescribed by the Secretary. (3) Low income loan The interest rate on a direct loan made under this chapter to a low-income, limited-resource borrower shall be determined by the Secretary at a rate that is not— (A) greater than the sum obtained by adding— (i) an amount that does not exceed 1/2 (ii) an amount not to exceed 1 percent per year, as the Secretary determines is appropriate; or (B) less than 5 percent per year. (c) Period for repayment The period for repayment of a loan made under this chapter may not exceed 7 years. (d) Line-of-Credit loans (1) In general A loan made or guaranteed by the Secretary under this chapter may be in the form of a line-of-credit loan. (2) Term A line-of-credit loan under paragraph (1) shall terminate not later than 5 years after the date that the loan is made or guaranteed. (3) Eligibility For purposes of determining eligibility for an operating loan under this chapter, each year during which a farmer takes an advance or draws on a line-of-credit loan the farmer shall be considered as having received an operating loan for 1 year. (4) Termination of delinquent loans If a borrower does not pay an installment on a line-of-credit loan on schedule, the borrower may not take an advance or draw on the line-of-credit, unless the Secretary determines that— (A) the failure of the borrower to pay on schedule was due to unusual conditions that the borrower could not control; and (B) the borrower will reduce the line-of-credit balance to the scheduled level at the end of— (i) the production cycle; or (ii) the marketing of the agricultural products of the borrower. (5) Agricultural commodities A line-of-credit loan may be used to finance the production or marketing of an agricultural commodity that is eligible for a price support program of the Department. 3 Emergency loans 3301. Emergency loans (a) In general The Secretary shall make or guarantee an emergency loan under this chapter to an eligible farmer (including a commercial fisherman) only to the extent and in such amounts as provided in advance in appropriation Acts. (b) Eligibility An established farmer shall be eligible under subsection (a) only— (1) if the farmer or an individual holding a majority interest in the farmer— (A) is a citizen of the United States; and (B) has experience and resources that the Secretary determines are sufficient to ensure a reasonable prospect of success in the farming operation proposed by the farmer; (2) in the case of a farmer that is an individual, if the farmer is— (A) in the case of a loan for a purpose under chapter 1, an owner, operator, or lessee-operator described in section 3101(b)(2); and (B) in the case of a loan for a purpose under chapter 2, an operator of a farm that is not larger than a family farm; (3) in the case of a farmer that is a cooperative, corporation, partnership, trust, limited liability company, joint operation, or such other legal entity as the Secretary determines to be appropriate, with respect to the entity and each farm in which the entity has an ownership or operator interest— (A) if— (i) a majority interest is held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) all of the individuals are or propose to become owners or operators of a farm that is not larger than a family farm; and (iii) at least 1 of the individuals is or proposes to become an operator of the farm; or (B) if— (i) the entire interest is held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) all of the individuals are or propose to become farm operators; and (iii) the ownership interest of each individual separately constitutes not larger than a family farm, even if the ownership interests of the individuals collectively constitute larger than a family farm; (4) if the entity is owned, in whole or in part, by 1 or more other entities and each individual who is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities; (5) if the farmer and any individual that holds a majority interest in the farmer is unable to obtain credit elsewhere; and (6) (A) if the Secretary finds that the operations of the farmer have been substantially affected by— (i) a natural or major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. (ii) a quarantine imposed by the Secretary under the Plant Protection Act ( 7 U.S.C. 7701 et seq. 7 U.S.C. 8301 et seq. (B) if the farmer conducts farming operations in a county or a county contiguous to a county in which the Secretary has found that farming operations have been substantially affected by a natural or major disaster or emergency. (c) Time for accepting an application The Secretary shall accept an application for a loan under this chapter from a farmer at any time during the 8-month period beginning on the date that— (1) the Secretary determines that farming operations of the farmer have been substantially affected by— (A) a quarantine imposed by the Secretary under the Plant Protection Act ( 7 U.S.C. 7701 et seq. 7 U.S.C. 8301 et seq. (B) a natural disaster; or (2) the President makes a major disaster or emergency designation with respect to the affected county of the farmer referred to in subsection (b)(5)(B). (d) Hazard insurance requirement The Secretary may not make a loan to a farmer under this chapter to cover a property loss unless the farmer had hazard insurance that insured the property at the time of the loss. (e) Family farm The Secretary shall conduct the loan program under this chapter in a manner that will foster and encourage the family farm system of agriculture, consistent with the reaffirmation of policy and declaration of the intent of Congress contained in section 102(a) of the Food and Agriculture Act of 1977 ( 7 U.S.C. 2266(a) 3302. Purposes of loans Subject to the limitations on the amounts of loans provided in section 3303(a), a loan may be made or guaranteed under this chapter for— (1) any purpose authorized for a loan under chapter 1 or 2; and (2) crop or livestock purposes that are— (A) necessitated by a quarantine, natural disaster, major disaster, or emergency; and (B) considered desirable by the farmer. 3303. Terms of loans (a) Maximum amount of loan The Secretary may not make or guarantee a loan under this chapter to a borrower who has suffered a loss in an amount that— (1) exceeds the actual loss caused by a disaster; or (2) would cause the total indebtedness of the borrower under this chapter to exceed $500,000. (b) Interest rates Any portion of a loan under this chapter up to the amount of the actual loss suffered by a farmer caused by a disaster shall be at a rate prescribed by the Secretary, but not in excess of 8 percent per annum. (c) Interest subsidies for guaranteed loans In the case of a guaranteed loan under this chapter, the Secretary may pay an interest subsidy to the lender for any portion of the loan up to the amount of the actual loss suffered by a farmer caused by a disaster. (d) Time for repayment (1) In general Subject to paragraph (2), a loan under this chapter shall be repayable at such times as the Secretary may determine, considering the purpose of the loan and the nature and effect of the disaster, but not later than the maximum repayment period allowed for a loan for a similar purpose under chapters 1 and 2. (2) Extended repayment period The Secretary may, if the loan is for a purpose described in chapter 2 and the Secretary determines that the need of the loan applicant justifies the longer repayment period, make the loan repayable at the end of a period of more than 7 years, but not more than 20 years. (e) Security for loan (1) In general A borrower of a loan made under this chapter shall secure the loan with the full personal liability of the borrower and such other security as the Secretary may prescribe. (2) Adequate security Subject to paragraph (3), the Secretary may not make or guarantee a loan under this chapter unless the security for the loan is adequate to ensure repayment of the loan. (3) Inadequate security due to disaster If adequate security for a loan under this chapter is not available because of a disaster, the Secretary shall accept as security any collateral that is available if the Secretary is confident that the collateral and the repayment ability of the farmer are adequate security for the loan. (4) Valuation of farm assets If a farm asset (including land, livestock, or equipment) is used as collateral to secure a loan applied for under this chapter and the governor of the State in which the farm is located requests assistance under this chapter or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. (f) Review of loan (1) In general In the case of a loan made, but not guaranteed, under section 3301, the Secretary shall review the loan 3 years after the loan is made, and every 2 years thereafter for the term of the loan. (2) Termination of federal assistance If, based on a review under paragraph (1), the Secretary determines that the borrower is able to obtain a loan from a non-Federal source at reasonable rates and terms, the borrower shall, on request by the Secretary, apply for, and accept, a non-Federal loan in a sufficient amount to repay the Secretary. 3304. Production losses (a) In general The Secretary shall make or guarantee a loan under this chapter to an eligible farmer for production losses if a single enterprise that constitutes a basic part of the farming operation of the farmer has sustained at least a 30 percent loss in normal per acre or per animal production, or such lesser percentage as the Secretary may determine, as a result of a disaster. (b) Basis for percentage A percentage loss under subsection (a) shall be based on the average monthly price in effect for the previous crop or calendar year, as appropriate. (c) Amount of loan A loan under subsection (a) shall be in an amount that is equal to 80 percent, or such greater percentage as the Secretary may determine, of the total calculated actual production loss sustained by the farmer. 4 General farmer loan provisions 3401. Agricultural Credit Insurance Fund The fund established pursuant to section 11(a) of the Bankhead-Jones Farm Tenant Act (60 Stat. 1075, chapter 964) shall be known as the Agricultural Credit Insurance Fund (referred to in this section as the Fund 3402. Guaranteed farmer loans (a) In general The Secretary may provide financial assistance to a borrower for a purpose provided in this subtitle by guaranteeing a loan made by any Federal or State chartered bank, savings and loan association, cooperative lending agency, or other legally organized lending agency. (b) Interest rate The interest rate payable by a borrower on the portion of a guaranteed loan that is sold by a lender to the secondary market under this subtitle may be lower than the interest rate charged on the portion retained by the lender, but shall not exceed the average interest rate charged by the lender on loans made to farm borrowers. (c) Fees In the case of a loan guarantee on a loan made by a commercial or cooperative lender related to a loan made by the Secretary under section 3107— (1) the Secretary shall not charge a fee to any person (including a lender); and (2) a lender may charge a loan origination and servicing fee in an amount not to exceed 1 percent of the amount of the loan. (d) Maximum guarantee of 90 percent Except as provided in subsections (e) and (f), a loan guarantee under this subtitle shall be for not more than 90 percent of the principal and interest due on the loan. (e) Refinanced loans guaranteed at 95 percent The Secretary shall guarantee 95 percent of— (1) in the case of a loan that solely refinances a direct loan made under this subtitle, the principal and interest due on the loan on the date of the refinancing; or (2) in the case of a loan that is used for multiple purposes, the portion of the loan that refinances the principal and interest due on a direct loan made under this subtitle that is outstanding on the date the loan is guaranteed. (f) Beginning farmer loans guaranteed up to 95 percent The Secretary may guarantee not more than 95 percent of— (1) a farm ownership loan for acquiring a farm to a borrower who is participating in the downpayment loan program under section 3107; or (2) an operating loan to a borrower who is participating in the downpayment loan program under section 3107 that is made during the period that the borrower has a direct loan outstanding under chapter 1 for acquiring a farm. (g) Guarantee of loans made under State beginning farmer programs The Secretary may guarantee under this subtitle a loan made under a State beginning farmer program, including a loan financed by the net proceeds of a qualified small issue agricultural bond for land or property described in section 144(a)(12)(B)(ii) of the Internal Revenue Code of 1986. 3403. Provision of information to borrowers (a) Approval notification The Secretary shall approve or disapprove an application for a loan or loan guarantee made under this subtitle, and notify the applicant of such action, not later than 60 days after the date on which the Secretary has received a complete application for the loan or loan guarantee. (b) List of lenders The Secretary shall make available to any farmer, on request, a list of lenders in the area that participate in guaranteed farmer program loan programs established under this subtitle, and other lenders in the area that express a desire to participate in the programs and that request inclusion on the list. (c) Other information (1) In general On the request of a borrower, the Secretary shall make available to the borrower— (A) a copy of each document signed by the borrower; (B) a copy of each appraisal performed with respect to the loan; and (C) any document that the Secretary is required to provide to the borrower under any law in effect on the date of the request. (2) Rule of construction Paragraph (1) shall not supersede any duty imposed on the Secretary by a law in effect on January 5, 1988, unless the duty directly conflicts with a duty under paragraph (1). 3404. Notice of loan service programs (a) Requirement The Secretary shall provide notice by certified mail to each borrower who is at least 90 days past due on the payment of principal or interest on a loan made under this subtitle. (b) Contents The notice required under subsection (a) shall— (1) include a summary of all primary loan service programs, homestead retention programs, debt settlement programs, and appeal procedures, including the eligibility criteria, and terms and conditions of the programs and procedures; (2) include a summary of the manner in which the borrower may apply, and be considered, for all such programs, except that the Secretary shall not require the borrower to select among the programs or waive any right to be considered for any program carried out by the Secretary; (3) advise the borrower regarding all filing requirements and any deadlines that must be met for requesting loan servicing; (4) provide any relevant forms, including applicable response forms; (5) advise the borrower that a copy of regulations is available on request; and (6) be designed to be readable and understandable by the borrower. (c) Contained in regulations All notices required by this section shall be contained in the regulations issued to carry out this title. (d) Timing The notice described in subsection (b) shall be provided— (1) at the time an application is made for participation in a loan service program; (2) on written request of the borrower; and (3) before the earliest of the date of— (A) initiating any liquidation; (B) requesting the conveyance of security property; (C) accelerating the loan; (D) repossessing property; (E) foreclosing on property; or (F) taking any other collection action. (e) Consideration of borrowers for loan service programs (1) In general The Secretary shall consider a farmer program loan borrower for all loan service programs if, not later than 60 days after receipt of the notice described in subsection (b), the borrower requests the consideration in writing. (2) Priority In considering a borrower for a loan service program, the Secretary shall place the highest priority on the preservation of the farming operations of the borrower. 3405. Planting and production history guidelines (a) In general The Secretary shall ensure that appropriate procedures, including, to the extent practicable, onsite inspections, or use of county or State yield averages, are used in calculating future yields for an applicant for a loan, when an accurate projection cannot be made because the past production history of the farmer has been affected by a natural or major disaster or emergency. (b) Calculation of yields (1) In general For the purpose of averaging the past yields of the farm of a farmer over a period of crop years to calculate the future yield of the farm under this title, the Secretary shall permit the farmer to exclude the crop year with the lowest actual or county average yield for the farm from the calculation, if the farmer was affected by a natural or major disaster or emergency during at least 2 of the crop years during the period. (2) Affected by a natural or major disaster or emergency A farmer was affected by a natural or major disaster or emergency under paragraph (1) if the Secretary finds that the farming operations of the farmer have been substantially affected by a natural or major disaster or emergency, including a farmer who has a qualifying loss but is not located in a designated or declared disaster area. (3) Application of subsection This subsection shall apply to any action taken by the Secretary that involves— (A) a loan under chapter 1 or 2; and (B) the yield of a farm of a farmer, including making a loan or loan guarantee, servicing a loan, or making a credit sale. 3406. Special conditions and limitations on loans (a) Applicant requirements In connection with a loan made or guaranteed under this subtitle, the Secretary shall require— (1) the applicant— (A) to certify in writing that, and the Secretary shall determine whether, the applicant is unable to obtain credit elsewhere; and (B) to furnish an appropriate written financial statement; (2) except for a guaranteed loan, an agreement by the borrower that if at any time it appears to the Secretary that the borrower may be able to obtain a loan from a production credit association, a Federal land bank, or other responsible cooperative or private credit source (or, in the case of a borrower under section 3106, the borrower may be able to obtain a loan under section 3101), at reasonable rates and terms for loans for similar purposes and periods of time, the borrower will, on request by the Secretary, apply for and accept the loan in a sufficient amount to repay the Secretary or the insured lender, or both, and to pay for any stock necessary to be purchased in a cooperative lending agency in connection with the loan; (3) such provision for supervision of the operations of the borrower as the Secretary shall consider necessary to achieve the objectives of the loan and protect the interests of the United States; and (4) the application of a person who is a veteran for a loan under chapter 1 or 2 to be given preference over a similar application from a person who is not a veteran if the applications are on file in a county or area office at the same time. (b) Agency processing requirements (1) Notifications (A) Incomplete application notification If an application for a loan or loan guarantee under this subtitle (other than an operating loan or loan guarantee) is incomplete, the Secretary shall inform the applicant of the reasons the application is incomplete not later than 20 days after the date on which the Secretary has received the application. (B) Operating loans (i) Additional information needed Not later than 10 calendar days after the Secretary receives an application for an operating loan or loan guarantee, the Secretary shall notify the applicant of any information required before a decision may be made on the application. (ii) Information not received If, not later than 20 calendar days after the date a request is made pursuant to clause (i) with respect to an application, the Secretary has not received the information requested, the Secretary shall notify the applicant and the district office of the Farm Service Agency, in writing, of the outstanding information. (C) Request information (i) In general On receipt of an application, the Secretary shall request from other parties such information as may be needed in connection with the application. (ii) Information from an agency of the Department Not later than 15 calendar days after the date on which an agency of the Department receives a request for information made pursuant to subparagraph (A), the agency shall provide the Secretary with the requested information. (2) Report of pending applications (A) In general A county office shall notify the district office of the Farm Service Agency of each application for an operating loan or loan guarantee that is pending more than 45 days after receipt, and the reasons for which the application is pending. (B) Action on pending applications A district office that receives a notice provided under subparagraph (A) with respect to an application shall immediately take steps to ensure that final action is taken on the application not later than 15 days after the date of the receipt of the notice. (C) Pending application report The district office shall report to the State office of the Farm Service Agency on each application for an operating loan or loan guarantee that is pending more than 45 days after receipt, and the reasons for which the application is pending. (D) Report to Congress Each month, the Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, on a State-by-State basis, as to each application for an operating loan or loan guarantee on which final action had not been taken within 60 calendar days after receipt by the Secretary, and the reasons for which final action had not been taken. (3) Disapprovals (A) In general If an application for a loan or loan guarantee under this subtitle is disapproved by the Secretary, the Secretary shall state the reasons for the disapproval in the notice required under paragraph (1). (B) Disapproval due to lack of funds (i) In general Notwithstanding paragraph (1), each application for a loan or loan guarantee under section 3601(e), or for a loan under section 3501(a) or 3502(a), that is to be disapproved by the Secretary solely because the Secretary lacks the funds necessary to make the loan or guarantee shall not be disapproved but shall be placed in pending status. (ii) Reconsideration The Secretary shall retain each pending application and reconsider the application beginning on the date that sufficient funds become available. (iii) Notification Not later than 60 days after funds become available regarding each pending application, the Secretary shall notify the applicant of the approval or disapproval of funding for the application. (4) Approvals on appeal If an application for a loan or loan guarantee under this subtitle is disapproved by the Secretary, but that action is subsequently reversed or revised as the result of an appeal within the Department or to the courts of the United States and the application is returned to the Secretary for further consideration, the Secretary shall act on the application and provide the applicant with notice of the action not later than 15 days after the date of return of the application to the Secretary. (5) Provision of proceeds (A) In general Except as provided in subparagraph (B), if an application for an insured loan under this title is approved by the Secretary, the Secretary shall provide the loan proceeds to the applicant not later than 15 days (or such longer period as the applicant may approve) after the application for the loan is approved by the Secretary. (B) Lack of funds If the Secretary is unable to provide the loan proceeds to the applicant during the 15-day period described in subparagraph (A) because sufficient funds are not available to the Secretary for that purpose, the Secretary shall provide the loan proceeds to the applicant as soon as practicable (but in no event later than 15 days unless the applicant agrees to a longer period) after sufficient funds for that purpose become available to the Secretary. 3407. Graduation of borrowers (a) Graduation of Seasoned Direct Loan Borrowers to the Loan Guarantee Program (1) Review of loans (A) In general The Secretary, or a contracting third party, shall annually review under section 3420 the loans of each seasoned direct loan borrower. (B) Assistance If, based on the review, it is determined that a borrower would be able to obtain a loan, guaranteed by the Secretary, from a commercial or cooperative lender at reasonable rates and terms for loans for similar purposes and periods of time, the Secretary shall assist the borrower in applying for the commercial or cooperative loan. (2) Prospectus (A) In general In accordance with section 3422, the Secretary shall prepare a prospectus on each seasoned direct loan borrower determined eligible to obtain a guaranteed loan. (B) Requirements The prospectus shall contain a description of the amounts of the loan guarantee and interest assistance that the Secretary will provide to the seasoned direct loan borrower to enable the seasoned direct loan borrower to carry out a financially viable farming plan if a guaranteed loan is made. (3) Verification (A) In general The Secretary shall provide a prospectus of a seasoned direct loan borrower to each approved lender whose lending area includes the location of the seasoned direct loan borrower. (B) Notification The Secretary shall notify each borrower of a loan that a prospectus has been provided to a lender under subparagraph (A). (C) Credit extended If the Secretary receives an offer from an approved lender to extend credit to the seasoned direct loan borrower under terms and conditions contained in the prospectus, the seasoned direct loan borrower shall not be eligible for a loan from the Secretary under chapter 1 or 2, except as otherwise provided in this section. (4) Insufficient assistance or offers If the Secretary is unable to provide loan guarantees and, if necessary, interest assistance to the seasoned direct loan borrower under this section in amounts sufficient to enable the seasoned direct loan borrower to borrow from commercial sources the amount required to carry out a financially viable farming plan, or if the Secretary does not receive an offer from an approved lender to extend credit to a seasoned direct loan borrower under the terms and conditions contained in the prospectus, the Secretary shall make a loan to the seasoned direct loan borrower under chapter 1 or 2, whichever is applicable. (5) Interest rate reductions To the extent necessary for the borrower to obtain a loan, guaranteed by the Secretary, from a commercial or cooperative lender, the Secretary shall provide interest rate reductions as provided for under section 3413. (b) Transition to private commercial or other sources of credit (1) In general In making an operating or ownership loan, the Secretary shall establish a plan and promulgate regulations (including performance criteria) that promote the goal of transitioning borrowers to private commercial credit and other sources of credit in the shortest period of time practicable. (2) Coordination In carrying out this section, the Secretary shall integrate and coordinate the transition policy described in subsection (a) with— (A) the borrower training program established by section 3419; (B) the loan assessment process established by section 3420; (C) the supervised credit requirement established by section 3421; (D) the market placement program established by section 3422; and (E) other appropriate programs and authorities, as determined by the Secretary. (c) Graduation of borrowers with operating loans or guarantees to private commercial credit The Secretary shall establish a plan, in coordination with activities under sections 3419 through 3422, to encourage each borrower with an outstanding loan under this chapter, or with respect to whom there is an outstanding guarantee under this chapter, to graduate to private commercial or other sources of credit. 3408. Debt adjustment and credit counseling In carrying out this subtitle, the Secretary may— (1) provide voluntary debt adjustment assistance between— (A) farmers; and (B) the creditors of the farmers; (2) cooperate with State, territorial, and local agencies and committees engaged in the debt adjustment; and (3) give credit counseling. 3409. Security servicing (a) Sale of property (1) In general Subject to this subsection and subsection (e)(1), the Secretary shall offer to sell real property that is acquired by the Secretary under this subtitle using the following order and method of sale: (A) Advertisement Not later than 15 days after acquiring real property, the Secretary shall publicly advertise the property for sale. (B) Qualified beginning farmer (i) In general Not later than 75 days after acquiring real property, the Secretary shall offer to sell the property to a qualified beginning farmer or a socially disadvantaged farmer at current market value based on a current appraisal. (ii) Random selection If more than 1 qualified beginning farmer or socially disadvantaged farmer offers to purchase the property, the Secretary shall select between the qualified applicants on a random basis. (iii) Appeal of random selection A random selection or denial by the Secretary of a qualified beginning farmer or a socially disadvantaged farmer for farm inventory property under this subparagraph shall be final and not administratively appealable. (C) Public sale If no acceptable offer is received from a qualified beginning farmer or a socially disadvantaged farmer under subparagraph (B) not later than 135 days after acquiring the real property, the Secretary shall, not later than 30 days after the 135-day period, sell the property after public notice at a public sale, and, if no acceptable bid is received, by negotiated sale, at the best price obtainable. (2) Interest (A) In general Subject to subparagraph (B), any conveyance of real property under this subsection shall include all of the interest of the United States in the property, including mineral rights. (B) Conservation The Secretary may for conservation purposes grant or sell an easement, restriction, development right, or similar legal right to real property to a State, a political subdivision of a State, or a private nonprofit organization separately from the underlying fee or other rights to the property owned by the United States. (3) Other law Subtitle I of title 40, United States Code, and title III of the Federal Property and Administrative Services Act of 1949 41 U.S.C. 251 et seq. (4) Lease of property (A) In general Subject to subparagraph (B), the Secretary may not lease any real property acquired under this subtitle. (B) Exception (i) Qualified beginning farmer or socially disadvantaged farmer The Secretary may lease or contract to sell to a qualified beginning farmer or a socially disadvantaged farmer a farm acquired by the Secretary under this subtitle if the qualified beginning farmer qualifies for a credit sale or direct farm ownership loan under chapter 1 but credit sale authority for loans or direct farm ownership loan funds, respectively, are not available. (ii) Term The term of a lease or contract to sell to a qualified beginning farmer or a socially disadvantaged farmer under clause (i) shall be until the earlier of— (I) the date that is 18 months after the date of the lease or sale; or (II) the date that direct farm ownership loan funds or credit sale authority for loans becomes available to the qualified beginning farmer or socially disadvantaged farmer. (iii) Income-producing capability In determining the rental rate on real property leased under this subparagraph, the Secretary shall consider the income-producing capability of the property during the term that the property is leased. (5) Expedited determination (A) In general On the request of an applicant, not later than 30 days after denial of the application, the appropriate State director shall provide an expedited review and determination of whether the applicant is a qualified beginning farmer or a socially disadvantaged farmer for the purpose of acquiring farm inventory property. (B) Appeal The determination of a State Director under subparagraph (A) shall be final and not administratively appealable. (C) Effects of determinations (i) In general The Secretary shall maintain statistical data on the number and results of determinations made under subparagraph (A) and the effect of the determinations on— (I) selling farm inventory property to qualified beginning farmers or socially disadvantaged farmers; and (II) disposing of real property in inventory. (ii) Notification The Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate if the Secretary determines that the review process under subparagraph (A) is adversely affecting the selling of farm inventory property to qualified beginning farmers or socially disadvantaged farmers or the disposing of real property in inventory. (b) Road and utility easements and condemnations In the case of any real property administered under this subtitle, the Secretary may grant or sell easements or rights-of-way for roads, utilities, and other appurtenances that are not inconsistent with the public interest. (c) Sale or lease of farmland (1) Disposition of real property on Indian reservations (A) Definition of Indian reservation In this paragraph, the term Indian reservation (i) all land located within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent, and, including any right-of-way running through the reservation; (ii) trust or restricted land located within the boundaries of a former reservation of an Indian tribe in the State of Oklahoma; or (iii) all Indian allotments the Indian titles to which have not been extinguished if the allotments are subject to the jurisdiction of an Indian tribe. (B) Disposition Except as provided in paragraph (3), the Secretary shall dispose of or administer the property as provided in this paragraph when— (i) the Secretary acquires property under this subtitle that is located within an Indian reservation; and (ii) the borrower-owner is the Indian tribe that has jurisdiction over the reservation in which the real property is located or the borrower-owner is a member of the Indian tribe; (C) Priority Not later than 90 days after acquiring the property, the Secretary shall afford an opportunity to purchase or lease the real property in accordance with the order of priority established under subparagraph (D) to the Indian tribe having jurisdiction over the Indian reservation within which the real property is located or, if no order of priority is established by the Indian tribe under subparagraph (D), in the following order: (i) An Indian member of the Indian tribe that has jurisdiction over the reservation within which the real property is located. (ii) An Indian corporate entity. (iii) The Indian tribe. (D) Revision of priority and restriction of eligibility The governing body of any Indian tribe having jurisdiction over an Indian reservation may revise the order of priority provided in subparagraph (C) under which land located within the reservation shall be offered for purchase or lease by the Secretary under subparagraph (C) and may restrict the eligibility for the purchase or lease to— (i) persons who are members of the Indian tribe; (ii) Indian corporate entities that are authorized by the Indian tribe to lease or purchase land within the boundaries of the reservation; or (iii) the Indian tribe itself. (E) Transfer of property to secretary of the interior (i) In general If real property described in subparagraph (B) is not purchased or leased under subparagraph (C) and the Indian tribe having jurisdiction over the reservation within which the real property is located is unable to purchase or lease the real property, the Secretary shall transfer the real property to the Secretary of the Interior who shall administer the real property as if the real property were held in trust by the United States for the benefit of the Indian tribe. (ii) Use of rental income From the rental income derived from the lease of the transferred real property, and all other income generated from the transferred real property, the Secretary of the Interior shall pay the State, county, municipal, or other local taxes to which the transferred real property was subject at the time of acquisition by the Secretary, until the earlier of— (I) the expiration of the 4-year period beginning on the date on which the real property is so transferred; or (II) such time as the land is transferred into trust pursuant to subparagraph (H). (F) Responsibilities of secretaries If any real property is transferred to the Secretary of the Interior under subparagraph (E)— (i) the Secretary of Agriculture shall have no further responsibility under this title for— (I) collection of any amounts with regard to the farm program loan that had been secured by the real property; (II) any lien arising out of the loan transaction; or (III) repayment of any amount with regard to the loan transaction or lien to the Treasury of the United States; and (ii) the Secretary of the Interior shall succeed to all right, title, and interest of the Secretary of Agriculture in the real estate arising from the farm program loan transaction, including the obligation to remit to the Treasury of the United States, in repayment of the original loan, the amounts provided in subparagraph (G). (G) Use of income After the payment of any taxes that are required to be paid under subparagraph (E)(ii), all remaining rental income derived from the lease of the real property transferred to the Secretary of the Interior under subparagraph (E)(i), and all other income generated from the real property transferred to the Secretary of the Interior under that subparagraph, shall be deposited as miscellaneous receipts in the Treasury of the United States until the amount deposited is equal to the lesser of— (i) the amount of the outstanding lien of the United States against the real property, as of the date the real property was acquired by the Secretary; (ii) the fair market value of the real property, as of the date of the transfer to the Secretary of the Interior; or (iii) the capitalized value of the real property, as of the date of the transfer to the Secretary of the Interior. (H) Holding of title in trust If the total amount that is required to be deposited under subparagraph (G) with respect to any real property has been deposited into the Treasury of the United States, title to the real property shall be held in trust by the United States for the benefit of the Indian tribe having jurisdiction over the Indian reservation within which the real property is located. (I) Payment of remaining lien or fair market value of property (i) In general Notwithstanding any other subparagraph of this paragraph, the Indian tribe having jurisdiction over the Indian reservation within which the real property described in subparagraph (B) is located may, at any time after the real property has been transferred to the Secretary of the Interior under subparagraph (E), offer to pay the remaining amount on the lien or the fair market value of the real property, whichever is less. (ii) Effect of payment On payment of the amount, title to the real property shall be held by the United States in trust for the tribe and the trust or restricted land that has been acquired by the Secretary under foreclosure or voluntary transfer under a loan made or insured under this subtitle and transferred to an Indian person, entity, or tribe under this paragraph shall be considered to have never lost trust or restricted status. (J) Applicability (i) In general This paragraph shall apply to all land in the land inventory established under this subtitle (as of November 28, 1990) that was (immediately prior to the date) owned by an Indian borrower-owner described in subparagraph (B) and that is situated within an Indian reservation, regardless of the date of foreclosure or acquisition by the Secretary. (ii) Opportunity to purchase or lease The Secretary shall afford an opportunity to an Indian person, entity, or tribe to purchase or lease the real property as provided in subparagraph (C). (iii) Transfer If the right is not exercised or no expression of intent to exercise the right is received within 180 days after November 28, 1990, the Secretary shall transfer the real property to the Secretary of the Interior as provided in subparagraph (E). (2) Additional rights The rights provided in this subsection shall be in addition to any right of first refusal under the law of the State in which the property is located. (3) Disposition of real property on indian reservations after procedures exhausted (A) In general The Secretary shall dispose of or administer real property described in paragraph (1)(B) only as provided in paragraph (1), as modified by this paragraph, if— (i) the real property described in paragraph (1)(B) is located within an Indian reservation; (ii) the borrower-owner is an Indian tribe that has jurisdiction over the reservation in which the real property is located or the borrower-owner is a member of an Indian tribe; (iii) the borrower-owner has obtained a loan made or guaranteed under this title; and (iv) the borrower-owner and the Secretary have exhausted all of the procedures provided for in this title to permit a borrower-owner to retain title to the real property, so that it is necessary for the borrower-owner to relinquish title. (B) Notice of right to convey property The Secretary shall provide the borrower-owner of real property that is described in subparagraph (A) with written notice of— (i) the right of the borrower-owner to voluntarily convey the real property to the Secretary; and (ii) the fact that real property so conveyed will be placed in the inventory of the Secretary. (C) Notice of rights and protections The Secretary shall provide the borrower-owner of the real property with written notice of the rights and protections provided under this title to the borrower-owner, and the Indian tribe that has jurisdiction over the reservation in which the real property is located, from foreclosure or liquidation of the real property, including written notice— (i) of paragraph (1), this paragraph, and subsection (e)(3); (ii) if the borrower-owner does not voluntarily convey the real property to the Secretary, that— (I) the Secretary may foreclose on the property; (II) in the event of foreclosure, the property will be offered for sale; (III) the Secretary shall offer a bid for the property that is equal to the fair market value of the property or the outstanding principal and interest of the loan, whichever is higher; (IV) the property may be purchased by another party; and (V) if the property is purchased by another party, the property will not be placed in the inventory of the Secretary and the borrower-owner will forfeit the rights and protections provided under this title; and (iii) of the opportunity of the borrower-owner to consult with the Indian tribe that has jurisdiction over the reservation in which the real property is located or counsel to determine if State or tribal law provides rights and protections that are more beneficial than the rights and protections provided the borrower-owner under this title. (D) Acceptance of voluntary conveyance (i) In general Except as provided in clause (ii), the Secretary shall accept the voluntary conveyance of real property described in subparagraph (A). (ii) Hazardous substances If a hazardous substance (as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (E) Foreclosure procedures (i) Notice to borrower If an Indian borrower-owner does not voluntarily convey to the Secretary real property described in subparagraph (A), not less than 30 days before a foreclosure sale of the property, the Secretary shall provide the Indian borrower-owner with the option of— (I) requiring the Secretary to assign the loan and security instruments to the Secretary of the Interior, if the Secretary of the Interior agrees to an assignment releasing the Secretary of Agriculture from all further responsibility for collection of any amounts with regard to the loan secured by the real property; or (II) requiring the Secretary to assign the loan and security instruments to the tribe having jurisdiction over the reservation in which the real property is located, if the tribe agrees to assume the loan under the terms specified in clause (iii). (ii) Notice to tribe If an Indian borrower-owner does not voluntarily convey to the Secretary real property described in subparagraph (A), not less than 30 days before a foreclosure sale of the property, the Secretary shall provide written notice to the Indian tribe that has jurisdiction over the reservation in which the real property is located of— (I) the sale; (II) the fair market value of the property; and (III) the requirements of this paragraph. (iii) Assumed loans If an Indian tribe assumes a loan under clause (i)— (I) the Secretary shall not foreclose the loan because of any default that occurred prior to the date of the assumption; (II) the loan shall be for the lesser of the outstanding principal and interest of the loan or the fair market value of the property; and (III) the loan shall be treated as though the loan was made under Public Law 91–229 (F) Amount of bid by secretary (i) In general Except as provided in clause (ii), at a foreclosure sale of real property described in subparagraph (A), the Secretary shall offer a bid for the property that is equal to the higher of— (I) the fair market value of the property; or (II) the outstanding principal and interest on the loan. (ii) Hazardous substances If a hazardous substance (as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (4) Detrimental effect on value of area farmland The Secretary shall not offer for sale or sell any farmland referred to in paragraphs (1) through (3) if placing the farmland on the market will have a detrimental effect on the value of farmland in the area. (5) Installment sales and multiple operators (A) In general The Secretary may sell farmland administered under this title through an installment sale or similar device that contains such terms as the Secretary considers necessary to protect the investment of the Federal Government in the land. (B) Sale of contract The Secretary may subsequently sell any contract entered into to carry out subparagraph (A). (6) Highly erodible land In the case of farmland administered under this title that is highly erodible land (as defined in section 1201 of the Food Security Act of 1985 ( 16 U.S.C. 3801 (7) No effect on acreage allotments, marketing quotas, or acreage bases Notwithstanding any other law, compliance by the Secretary with this subsection shall not cause any acreage allotment, marketing quota, or acreage base assigned to the property to lapse, terminate, be reduced, or otherwise be adversely affected. (8) No preemption of state law If a conflict exists between any provision of this subsection and any provision of the law of any State providing a right of first refusal to the owner of farmland or the operator of a farm before the sale or lease of land to any other person, the provision of State law shall prevail. (d) Release of normal income security (1) Definition of normal income security In this subsection: (A) In general Except as provided in subparagraph (B), the term normal income security (B) Exceptions The term normal income security (i) the basis of the farming or other operation; and (ii) the basic security for a farmer program loan. (2) General release The Secretary shall release from the normal income security provided for a loan an amount sufficient to pay for the essential household and farm operating expenses of the borrower, until such time as the Secretary accelerates the loan. (3) Notice of reporting requirements and rights If a borrower is required to plan for or to report as to how proceeds from the sale of collateral property will be used, the Secretary shall notify the borrower of— (A) the requirement; and (B) the right to the release of funds under this subsection and the means by which a request for the funds may be made. (e) Easements on inventoried property (1) In general Subject to paragraph (2), in the disposal of real property under this section, the Secretary shall establish perpetual wetland conservation easements to protect and restore wetland or converted wetland that exists on inventoried property. (2) Limitation The Secretary shall not establish a wetland conservation easement on an inventoried property that— (A) was cropland on the date the property entered the inventory of the Secretary; or (B) was used for farming at any time during the period— (i) beginning on the date that is 5 years before the property entered the inventory of the Secretary; and (ii) ending on the date on which the property entered the inventory of the Secretary. (3) Notification The Secretary shall provide prior written notification to a borrower considering homestead retention that a wetland conservation easement may be placed on land for which the borrower is negotiating a lease option. (4) Appraised value The appraised value of the farm shall reflect the value of the land due to the placement of wetland conservation easements. 3410. Contracts on loan security properties (a) Contracts on loan security properties Subject to subsection (b), the Secretary may enter into a contract related to real property for conservation, recreation, or wildlife purposes. (b) Limitations The Secretary may enter into a contract under subsection (a) if— (1) the property is wetland, upland, or highly erodible land; (2) the property is determined by the Secretary to be suitable for the purpose involved; and (3) (A) the property secures a loan made under a law administered and held by the Secretary; and (B) the contract would better enable a qualified borrower to repay the loan in a timely manner, as determined by the Secretary. (c) Terms and conditions The terms and conditions specified in a contract under subsection (a) shall— (1) specify the purposes for which the real property may be used; (2) identify any conservation measure to be taken, and any recreational and wildlife use to be allowed, with respect to the real property; and (3) require the owner to permit the Secretary, and any person or governmental entity designated by the Secretary, to have access to the real property for the purpose of monitoring compliance with the contract. (d) Reduction or forgiveness of debt (1) In general Subject to this section, the Secretary may reduce or forgive the outstanding debt of a borrower— (A) in the case of a borrower to whom the Secretary has made an outstanding loan under a law administered by the Secretary, by canceling that part of the aggregate amount of the outstanding loan that bears the same ratio to the aggregate amount as— (i) the number of acres of the real property of the borrower that are subject to the contract; bears to (ii) the aggregate number of acres securing the loan; or (B) in any other case, by treating as prepaid that part of the principal amount of a new loan to the borrower issued and held by the Secretary under a law administered by the Secretary that bears the same ratio to the principal amount as— (i) the number of acres of the real property of the borrower that are subject to the contract; bears to (ii) the aggregate number of acres securing the new loan. (2) Maximum canceled amount The amount canceled or treated as prepaid under paragraph (1) shall not exceed— (A) in the case of a delinquent loan, the greater of— (i) the value of the land on which the contract is entered into; or (ii) the difference between— (I) the amount of the outstanding loan secured by the land; and (II) the value of the land; or (B) in the case of a nondelinquent loan, 33 percent of the amount of the loan secured by the land. (e) Consultation with fish and wildlife service If the Secretary uses the authority provided by this section, the Secretary shall consult with the Director of the Fish and Wildlife Service for the purposes of— (1) selecting real property in which the Secretary may enter into a contract under this section; (2) formulating the terms and conditions of the contract; and (3) enforcing the contract. (f) Enforcement The Secretary, and any person or governmental entity designated by the Secretary, may enforce a contract entered into by the Secretary under this section. 3411. Debt restructuring and loan servicing (a) In general The Secretary shall modify a delinquent farmer program loan made under this subtitle, or purchased from the lender or the Federal Deposit Insurance Corporation under section 3902, to the maximum extent practicable— (1) to avoid a loss to the Secretary on the loan, with priority consideration being placed on writing-down the loan principal and interest (subject to subsections (d) and (e)), and debt set-aside (subject to subsection (e)), to facilitate keeping the borrower on the farm, or otherwise through the use of primary loan service programs under this section; and (2) to ensure that a borrower is able to continue farming operations. (b) Eligibility To be eligible to obtain assistance under subsection (a)— (1) the delinquency shall be due to a circumstance beyond the control of the borrower, as defined in regulations issued by the Secretary, except that the regulations shall require that, if the value of the assets calculated under subsection (c)(2)(A)(ii) that may be realized through liquidation or other methods would produce enough income to make the delinquent loan current, the borrower shall not be eligible for assistance under subsection (a); (2) the borrower shall have acted in good faith with the Secretary in connection with the loan as defined in regulations issued by the Secretary; (3) the borrower shall present a preliminary plan to the Secretary that contains reasonable assumptions that demonstrate that the borrower will be able— (A) to meet the necessary family living and farm operating expenses of the borrower; and (B) to service all debts of the borrower, including restructured loans; and (4) the loan, if restructured, shall result in a net recovery to the Federal Government, during the term of the loan as restructured, that would be more than or equal to the net recovery to the Federal Government from an involuntary liquidation or foreclosure on the property securing the loan. (c) Restructuring determinations (1) Determination of net recovery In determining the net recovery from the involuntary liquidation of a loan under this section, the Secretary shall calculate— (A) the recovery value of the collateral securing the loan, in accordance with paragraph (2); and (B) the value of the restructured loan, in accordance with paragraph (3). (2) Recovery value For the purpose of paragraph (1), the recovery value of the collateral securing the loan shall be based on the difference between— (A) (i) the amount of the current appraised value of the interests of the borrower in the property securing the loan; and (ii) the value of the interests of the borrower in all other assets that are— (I) not essential for necessary family living expenses; (II) not essential to the operation of the farm; and (III) not exempt from judgment creditors or in a bankruptcy action under Federal or State law; (B) the estimated administrative, attorney, and other expenses associated with the liquidation and disposition of the loan and collateral, including— (i) the payment of prior liens; (ii) taxes and assessments, depreciation, management costs, the yearly percentage decrease or increase in the value of the property, and lost interest income, each calculated for the average holding period for the type of property involved; (iii) resale expenses, such as repairs, commissions, and advertising; and (iv) other administrative and attorney costs; and (C) the value, as determined by the Secretary, of any property not included in subparagraph (A)(i) if the property is specified in any security agreement with respect to the loan and the Secretary determines that the value of the property should be included for purposes of this section. (3) Value of the restructured loan (A) In general For the purpose of paragraph (1), the value of the restructured loan shall be based on the present value of payments that the borrower would make to the Federal Government if the terms of the loan were modified under any combination of primary loan service programs to ensure that the borrower is able to meet the obligations and continue farming operations. (B) Present value For the purpose of calculating the present value referred to in subparagraph (A), the Secretary shall use a discount rate of not more than the current rate at the time of the calculation of 90-day Treasury bills. (C) Cash flow margin For the purpose of assessing under subparagraph (A) the ability of a borrower to meet debt obligations and continue farming operations, the Secretary shall assume that the borrower needs up to 110 percent of the amount indicated for payment of farm operating expenses, debt service obligations, and family living expenses. (4) Notification Not later than 90 days after receipt of a written request for restructuring from the borrower, the Secretary shall— (A) make the calculations specified in paragraphs (2) and (3); (B) notify the borrower in writing of the results of the calculations; and (C) provide documentation for the calculations. (5) Restructuring of loans (A) In general If the value of a restructured loan is greater than or equal to the recovery value of the collateral securing the loan, not later than 45 days after notifying the borrower under paragraph (4), the Secretary shall offer to restructure the loan obligations of the borrower under this subtitle through primary loan service programs that would enable the borrower to meet the obligations (as modified) under the loan and to continue the farming operations of the borrower. (B) Restructuring If the borrower accepts an offer under subparagraph (A), not later than 45 days after receipt of notice of acceptance, the Secretary shall restructure the loan accordingly. (6) Termination of loan obligations The obligations of a borrower to the Secretary under a loan shall terminate if— (A) the borrower satisfies the requirements of paragraphs (1) and (2) of subsection (b); (B) the value of the restructured loan is less than the recovery value; and (C) not later than 90 days after receipt of the notification described in paragraph (4)(B), the borrower pays (or obtains third-party financing to pay) the Secretary an amount equal to the current market value. (7) Negotiation of appraisal (A) In general In making a determination concerning restructuring under this subsection, the Secretary, at the request of the borrower, shall enter into negotiations with the borrower concerning appraisals required under this subsection. (B) Independent appraisal (i) In general If the borrower, based on a separate current appraisal, objects to the decision of the Secretary regarding an appraisal, the borrower and the Secretary shall mutually agree, to the extent practicable, on an independent appraiser who shall conduct another appraisal of the property of the borrower. (ii) Value of final appraisal The average of the 2 appraisals under clause (i) that are closest in value shall become the final appraisal under this paragraph. (iii) Cost of appraisal The borrower and the Secretary shall each pay 1/2 (d) Principal and interest write-Down (1) In general (A) Priority consideration In selecting the restructuring alternatives to be used in the case of a borrower who has requested restructuring under this section, the Secretary shall give priority consideration to the use of a principal and interest write-down if other creditors of the borrower (other than any creditor who is fully collateralized) representing a substantial portion of the total debt of the borrower held by the creditors of the borrower, agree to participate in the development of the restructuring plan or agree to participate in a State mediation program. (B) Failure of creditors to agree Failure of creditors to agree to participate in the restructuring plan or mediation program shall not preclude the use of a principal and interest write-down by the Secretary if the Secretary determines that restructuring results in the least cost to the Secretary. (2) Participation of creditors Before eliminating the option to use debt write-down in the case of a borrower, the Secretary shall make a reasonable effort to contact the creditors of the borrower, either directly or through the borrower, and encourage the creditors to participate with the Secretary in the development of a restructuring plan for the borrower. (e) Shared appreciation arrangements (1) In general As a condition of restructuring a loan in accordance with this section, the borrower of the loan may be required to enter into a shared appreciation arrangement that requires the repayment of amounts written off or set aside. (2) Terms A shared appreciation agreement shall— (A) have a term not to exceed 10 years; and (B) provide for recapture based on the difference between the appraised values of the real security property at the time of restructuring and at the time of recapture. (3) Percentage of recapture The amount of the appreciation to be recaptured by the Secretary shall be— (A) 75 percent of the appreciation in the value of the real security property if the recapture occurs not later than 4 years after the date of restructuring; and (B) 50 percent if the recapture occurs during the remainder of the term of the agreement. (4) Time of recapture Recapture shall take place on the date that is the earliest of— (A) the end of the term of the agreement; (B) the conveyance of the real security property; (C) the repayment of the loans; or (D) the cessation of farming operations by the borrower. (5) Transfer of title Transfer of title to the spouse of a borrower on the death of the borrower shall not be treated as a conveyance for the purpose of paragraph (4). (6) Notice of recapture Not later than 12 months before the end of the term of a shared appreciation arrangement, the Secretary shall notify the borrower involved of the provisions of the arrangement. (7) Financing of recapture payment (A) In general The Secretary may amortize a recapture payment owed to the Secretary under this subsection. (B) Term The term of an amortization under this paragraph may not exceed 25 years. (C) Interest rate The interest rate applicable to an amortization under this paragraph may not exceed the rate applicable to a loan to reacquire homestead property less 100 basis points. (D) Reamortization (i) In general The Secretary may modify the amortization of a recapture payment referred to in subparagraph (A) of this paragraph on which a payment has become delinquent if— (I) the default is due to circumstances beyond the control of the borrower; and (II) the borrower acted in good faith (as determined by the Secretary) in attempting to repay the recapture amount. (ii) Limitations (I) Term of reamortization The term of a reamortization under this subparagraph may not exceed 25 years from the date of the original amortization agreement. (II) No reduction or principal or unpaid interest due A reamortization of a recapture payment under this subparagraph may not provide for reducing the outstanding principal or unpaid interest due on the recapture payment. (f) Interest rates Any loan for farm ownership purposes, farm operating purposes, or disaster emergency purposes, other than a guaranteed loan, that is deferred, consolidated, rescheduled, or reamortized shall, notwithstanding any other provision of this subtitle, bear interest on the balance of the original loan and for the term of the original loan at a rate that is the lowest of— (1) the rate of interest on the original loan; (2) the rate being charged by the Secretary for loans, other than guaranteed loans, of the same type at the time at which the borrower applies for a deferral, consolidation, rescheduling, or reamortization; or (3) the rate being charged by the Secretary for loans, other than guaranteed loans, of the same type at the time of the deferral, consolidation, rescheduling, or reamortization. (g) Period and effect (1) Period The Secretary may consolidate or reschedule outstanding loans for payment over a period not to exceed 7 years (or, in the case of loans for farm operating purposes, 15 years) from the date of the consolidation or rescheduling. (2) Effect The amount of unpaid principal and interest of the prior loans so consolidated or rescheduled shall not create a new charge against any loan levels authorized by law. (h) Prerequisites to foreclosure or liquidation No foreclosure or other similar action shall be taken to liquidate any loan determined to be ineligible for restructuring by the Secretary under this section— (1) until the borrower has been given the opportunity to appeal the decision; and (2) if the borrower appeals, the appeals process has been completed, and a determination has been made that the loan is ineligible for restructuring. (i) Notice of ineligibility for restructuring (1) In general A notice of ineligibility for restructuring shall be sent to the borrower by registered or certified mail not later than 15 days after a determination of ineligibility. (2) Contents The notice required under paragraph (1) shall contain— (A) the determination and the reasons for the determination; (B) the computations used to make the determination, including the calculation of the recovery value of the collateral securing the loan; and (C) a statement of the right of the borrower to appeal the decision to the appeals division, and to appear before a hearing officer. (j) Independent appraisals (1) In general An appeal may include a request by the borrower for an independent appraisal of any property securing the loan. (2) Process for appraisal On a request under paragraph (1), the Secretary shall present the borrower with a list of 3 appraisers approved by the county supervisor, from which the borrower shall select an appraiser to conduct the appraisal. (3) Cost The cost of an appraisal under this subsection shall be paid by the borrower. (4) Result The result of an appraisal under this subsection shall be considered in any final determination concerning the loan. (5) Copy A copy of any appraisal under this subsection shall be provided to the borrower. (k) Partial liquidations If a partial liquidation of a delinquent loan is performed (with the prior consent of the Secretary) as part of loan servicing by a guaranteed lender under this title, the Secretary shall not require full liquidation of the loan for the lender to be eligible to receive payment on losses. (l) Only 1 write-Down or net recovery buy-Out per borrower for a loan made after January 6, 1988 (1) In general The Secretary may provide for each borrower not more than 1 write-down or net recovery buy-out under this section with respect to all loans made to the borrower after January 6, 1988. (2) Special rule For purposes of paragraph (1), the Secretary shall treat any loan made on or before January 6, 1988, with respect to which a restructuring, write-down, or net recovery buy-out is provided under this section after January 6, 1988, as a loan made after January 6, 1988. (m) Liquidation of assets The Secretary may not use the authority provided by this section to reduce or terminate any portion of the debt of the borrower that the borrower could pay through the liquidation of assets (or through the payment of the loan value of the assets, if the loan value is greater than the liquidation value) described in subsection (c)(2)(A)(ii). (n) Lifetime limitation on debt forgiveness per borrower The Secretary may provide each borrower not more than $300,000 in debt forgiveness under this section. 3412. Relief for mobilized military reservists from certain agricultural loan obligations (a) Definition of mobilized military reservist In this section, the term mobilized military reservist (1) is on active duty under section 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12406, or chapter 15 (2) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) section 502(f) (b) Forgiveness of interest payments due while borrower is a mobilized military reservist Any requirement that a borrower of a direct loan made under this subtitle make any interest payment on the loan that would otherwise be required to be made while the borrower is a mobilized military reservist is rescinded. (c) Deferral of principal payments due while or after borrower is a mobilized military reservist The due date of any payment of principal on a direct loan made to a borrower under this subtitle that would otherwise be required to be made while or after the borrower is a mobilized military reservist is deferred for a period equal in length to the period for which the borrower is a mobilized military reservist. (d) Nonaccrual of interest Interest on a direct loan made to a borrower described in this section shall not accrue during the period the borrower is a mobilized military reservist. (e) Borrower not considered To be delinquent or receiving debt forgiveness Notwithstanding section 3425 or any other provision of this title, a borrower who receives assistance under this section shall not, as a result of the assistance, be considered to be delinquent or receiving debt forgiveness for purposes of receiving a direct or guaranteed loan under this subtitle. 3413. Interest rate reduction program (a) Establishment of program The Secretary shall establish and carry out in accordance with this section an interest rate reduction program for any loan guaranteed under this subtitle. (b) Entering into contracts The Secretary shall enter into a contract with, and make payments to, an institution to reduce, during the term of the contract, the interest rate paid by the borrower on the guaranteed loan if— (1) the borrower— (A) is unable to obtain credit elsewhere; (B) is unable to make payments on the loan in a timely manner; and (C) during the 24-month period beginning on the date on which the contract is entered into, has a total estimated cash income, including all farm and nonfarm income, that will equal or exceed the total estimated cash expenses, including all farm and nonfarm expenses, to be incurred by the borrower during the period; and (2) during the term of the contract, the lender reduces the annual rate of interest payable on the loan by a minimum percentage specified in the contract. (c) Payments (1) In general Subject to paragraph (2), in return for a contract entered into by a lender under subsection (b) for the reduction of the interest rate paid on a loan, the Secretary shall make payments to the lender in an amount equal to not more than 100 percent of the cost of reducing the annual rate of interest payable on the loan. (2) Limitation Payments under paragraph (1) may not exceed the cost of reducing the rate by more than 400 basis points. (d) Term The term of a contract entered into under this section to reduce the interest rate on a guaranteed loan may not exceed the outstanding term of the loan. (e) Condition on foreclosure Notwithstanding any other law, any contract of guarantee on a farm loan entered into under this subtitle shall contain a condition that the lender of the loan may not initiate a foreclosure action on the loan until 60 days after a determination is made with respect to the eligibility of the borrower to participate in the program established under this section. 3414. Homestead property (a) Definitions In this section: (1) Administrator The term Administrator (2) Borrower-owner The term borrower-owner (A) a borrower-owner of a loan made or guaranteed by the Secretary or the Administrator who meets the eligibility requirements of subsection (c)(1); or (B) in a case in which an owner of homestead property pledged the property to secure the loan and the owner is different than the borrower, the owner. (3) Farm program loan The term farm program loan Small Business Act 15 U.S.C. 631 et seq. (4) Homestead property The term homestead property (A) the principal residence and adjoining property possessed and occupied by a borrower-owner, including a reasonable number of farm outbuildings located on the adjoining land that are useful to any occupant of the homestead; and (B) not more than 10 acres of adjoining land that is used to maintain the family of the borrower-owner. (b) Retention of homestead property (1) In general The Secretary or the Administrator shall, on application by a borrower-owner who meets the eligibility requirements of subsection (c)(1), permit the borrower-owner to retain possession and occupancy of homestead property under the terms set forth, and until the action described in this section has been completed, if— (A) the Secretary forecloses or takes into inventory property securing a loan made under this subtitle; (B) the Administrator forecloses or takes into inventory property securing a farm program loan made under the Small Business Act (C) the borrower-owner of a loan made by the Secretary or the Administrator files a petition in bankruptcy that results in the conveyance of the homestead property to the Secretary or the Administrator, or agrees to voluntarily liquidate or convey the property in whole or in part. (2) Period of occupancy Subject to subsection (c), the Secretary or the Administrator shall not grant a period of occupancy of less than 3 nor more than 5 years. (c) Eligibility (1) In general To be eligible to occupy homestead property, a borrower-owner of a loan made by the Secretary or the Administrator shall— (A) apply for the occupancy not later than 30 days after the property is acquired by the Secretary or Administrator; (B) have received from farming operations gross farm income that is reasonably commensurate with— (i) the size and location of the farming unit of the borrower-owner; and (ii) local agricultural conditions (including natural and economic conditions), during at least 2 calendar years of the 6-year period preceding the calendar year in which the application is made; (C) have received from farming operations at least 60 percent of the gross annual income of the borrower-owner and any spouse of the borrower-owner during at least 2 calendar years of the 6-year period described in subparagraph (B); (D) have continuously occupied the homestead property during the 6-year period described in subparagraph (B), except that the requirement of this subparagraph may be waived if a borrower-owner, due to circumstances beyond the control of the borrower-owner, had to leave the homestead property for a period of time not to exceed 12 months during the 6-year period; (E) during the period of occupancy of the homestead property, pay a reasonable sum as rent for the property to the Secretary or the Administrator in an amount substantially equivalent to rents charged for similar residential properties in the area in which the homestead property is located; (F) during the period of the occupancy of the homestead property, maintain the property in good condition; and (G) meet such other reasonable and necessary terms and conditions as the Secretary may require. (2) Definition of farming operations In subparagraphs (B) and (C) of paragraph (1), the term farming operations (3) Termination of rights (A) In general For purposes of paragraph (1)(E), the failure of the borrower-owner to make a timely rental payment shall constitute cause for the termination of all rights of the borrower-owner to possession and occupancy of the homestead property under this section. (B) Procedure for termination In effecting a termination under subparagraph (A), the Secretary shall— (i) afford the borrower-owner or lessee the notice and hearing procedural rights described in subtitle H of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6991 et seq.); and (ii) comply with any applicable State and local law governing eviction of a person from residential property. (4) Rights of borrower-owner (A) Period of occupancy Subject to subsection (b)(2), the period of occupancy allowed the borrower-owner of homestead property under this section shall be the period requested in writing by the borrower-owner. (B) Right to reacquire (i) In general During the period the borrower-owner occupies the homestead property, the borrower-owner shall have a right to reacquire the homestead property on such terms and conditions as the Secretary shall determine. (ii) Socially disadvantaged borrower-owner During the period of occupancy of a borrower-owner who is a socially disadvantaged farmer, the borrower-owner or a member of the immediate family of the borrower-owner shall have a right of first refusal to reacquire the homestead property on such terms and conditions as the Secretary shall determine. (iii) Independent appraisal The Secretary may not demand a payment for the homestead property that is in excess of the current market value of the homestead property as established by an independent appraisal. (iv) Conduct of appraisal An independent appraisal under clause (iii) shall be conducted by an appraiser selected by the borrower-owner, or, in the case of a borrower-owner who is a socially disadvantaged farmer, the immediate family member of the borrower-owner, from a list of 3 appraisers approved by the county supervisor. (5) Transfer of rights (A) In general Except as provided in subparagraph (B), no right of a borrower-owner under this section, and no agreement entered into between the borrower-owner and the Secretary for occupancy of the homestead property, shall be transferable or assignable by the borrower-owner or by operation of law. (B) Death or incompetency In the case of death or incompetency of the borrower-owner, the right and agreement shall be transferable to a spouse of the borrower-owner if the spouse agrees to comply with any terms and conditions of the right or agreement. (6) Notification Not later than the date of acquisition of the property securing a loan made under this title, the Secretary shall notify the borrower-owner of the property of the availability of homestead protection rights under this section. (d) End of period of occupancy (1) In general At the end of the period of occupancy allowed a borrower-owner under subsection (c), the Secretary or the Administrator shall grant to the borrower-owner a right of first refusal to reacquire the homestead property on such terms and conditions (which may include payment of principal in installments) as the Secretary or the Administrator shall determine. (2) Terms and conditions The terms and conditions granted under paragraph (1) may not be less favorable than those offered by the Secretary or Administrator or intended by the Secretary or Administrator to be offered to any other buyer. (e) Maximum payment of principal (1) In general At the time a reacquisition agreement is entered into, the Secretary or the Administrator may not demand a total payment of principal that is in excess of the value of the homestead property. (2) Determination of value To the maximum extent practicable, the value of the homestead property shall be determined by an independent appraisal made during the 180-day period beginning on the date of receipt of the application of the borrower-owner to retain possession and occupancy of the homestead property. (f) Title not needed To enter into contracts The Secretary may enter into a contract authorized by this section before the Secretary acquires title to the homestead property that is the subject of the contract. (g) State law prevails In the event of a conflict between this section and a provision of State law relating to the right of a borrower-owner to designate for separate sale or redeem part or all of the real property securing a loan foreclosed on by a lender to the borrower-owner, the provision of State law shall prevail. 3415. Transfer of inventory land (a) In general Subject to subsection (b), the Secretary may transfer to a Federal or State agency, for conservation purposes, any real property, or interest in real property, administered by the Secretary under this subtitle— (1) with respect to which the rights of all prior owners and operators have expired; (2) that is eligible to be disposed of in accordance with section 3409; and (3) that— (A) has marginal value for agricultural production; (B) is environmentally sensitive; or (C) has special management importance. (b) Conditions The Secretary may not transfer any property or interest in property under subsection (a) unless— (1) at least 2 public notices are given of the transfer; (2) if requested, at least 1 public meeting is held prior to the transfer; and (3) the Governor and at least 1 elected county official of the State and county in which the property is located are consulted prior to the transfer. 3416. Target participation rates (a) Establishment (1) In general The Secretary shall establish annual target participation rates, on a county-wide basis, that shall ensure that members of socially disadvantaged groups shall— (A) receive loans made or guaranteed under chapter 1; and (B) have the opportunity to purchase or lease farmland acquired by the Secretary under this subtitle. (2) Group population Except as provided in paragraph (3), in establishing the target rates, the Secretary shall take into consideration— (A) the portion of the population of the county made up of the socially disadvantaged groups; and (B) the availability of inventory farmland in the county. (3) Gender In the case of gender, target participation rates shall take into consideration the number of current and potential socially disadvantaged farmers in a State in proportion to the total number of farmers in the State. (b) Reservation and allocation (1) Reservation To the maximum extent practicable, the Secretary shall reserve sufficient loan funds made available under chapter 1 for use by members of socially disadvantaged groups identified under target participation rates established under subsection (a). (2) Allocation The Secretary shall allocate the loans on the basis of the proportion of members of socially disadvantaged groups in a county and the availability of inventory farmland, with the greatest amount of loan funds being distributed in the county with the greatest proportion of socially disadvantaged group members and the greatest quantity of available inventory farmland. (3) Indian reservations In distributing loan funds in counties within the boundaries of an Indian reservation, the Secretary shall allocate the funds on a reservation-wide basis. (c) Operating loans (1) Establishment (A) In general The Secretary shall establish annual target participation rates that shall ensure that socially disadvantaged farmers receive loans made or guaranteed under chapter 2. (B) Considerations In establishing the target rates, the Secretary shall consider the number of socially disadvantaged farmers in a State in proportion to the total number of farmers in the State. (2) Reservation and allocation (A) In general To the maximum extent practicable, the Secretary shall reserve and allocate the proportion of the loan funds of each State made available under chapter 2 that is equal to the target participation rate of the State for use by the socially disadvantaged farmers in the State. (B) Distribution To the maximum extent practicable, the Secretary shall distribute the total loan funds reserved under subparagraph (A) on a county-by-county basis according to the number of socially disadvantaged farmers in the county. (C) Reallocation of unused funds Any funds reserved and allocated under this paragraph but not used within a State shall, to the extent necessary to satisfy pending applications under this title, be available for use by socially disadvantaged farmers in other States, as determined by the Secretary, and any remaining funds shall be reallocated within the State. (d) Report The Secretary shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the annual target participation rates and the success in meeting the rates. (e) Implementation consistent with supreme court holding Not later than 180 days after April 4, 1996, the Secretary shall ensure that the implementation of this section is consistent with the holding of the Supreme Court in Adarand Constructors, Inc. v. Federico Pena, Secretary of Transportation, 115 S. Ct. 2097 (1995). 3417. Compromise or adjustment of debts or claims by guaranteed lender (a) Loss by lender If the lender of a guaranteed farmer program loan takes any action described in section 3903(a)(4) with respect to the loan and the Secretary approves the action, for purposes of the guarantee, the lender shall be treated as having sustained a loss equal to the amount by which— (1) the outstanding balance of the loan immediately before the action; exceeds (2) the outstanding balance of the loan immediately after the action. (b) Net present value of loan The Secretary shall approve the taking of an action described in section 3903(a)(4) by the lender of a guaranteed farmer program loan with respect to the loan if the action reduces the net present value of the loan to an amount equal to not less than the greater of— (1) the greatest net present value of a loan the borrower could reasonably be expected to repay; and (2) the difference between— (A) the greatest amount that the lender of the loan could reasonably expect to recover from the borrower through bankruptcy, or liquidation of the property securing the loan; and (B) all reasonable and necessary costs and expenses that the lender of the loan could reasonably expect to incur to preserve or dispose of the property (including all associated legal and property management costs) in the course of such a bankruptcy or liquidation. (c) No limitation on authority This section shall not limit the authority of the Secretary to enter into a shared appreciation arrangement with a borrower under section 3411(e). 3418. Waiver of mediation rights by borrowers The Secretary may not make or guarantee any farmer program loan to a farm borrower on the condition that the borrower waive any right under the mediation program of any State. 3419. Borrower training (a) In general The Secretary shall contract to provide educational training to all borrowers of direct loans made under this subtitle in financial and farm management concepts associated with commercial farming. (b) Contract (1) In general The Secretary may contract with a State or private provider of farm management and credit counseling services (including a community college, the extension service of a State, a State department of agriculture, or a nonprofit organization) to carry out this section. (2) Consultation The Secretary may consult with the chief executive officer of a State concerning the identity of the contracting organization and the process for contracting. (c) Eligibility for loans (1) In general Subject to paragraph (2), to be eligible to obtain a direct or guaranteed loan under this subtitle, a borrower shall be required to obtain management assistance under this section, appropriate to the management ability of the borrower during the determination of eligibility for the loan. (2) Loan conditions The need of a borrower who satisfies the criteria set out in section 3101(b)(1)(B) or 3201(b)(1)(B) for management assistance under this section shall not be cause for denial of eligibility of the borrower for a direct or guaranteed loan under this subtitle. (d) Guidelines and curriculum The Secretary shall issue regulations establishing guidelines and curriculum for the borrower training program established under this section. (e) Payment A borrower— (1) shall pay for training received under this section; and (2) may use funds from operating loans made under chapter 2 to pay for the training. (f) Waivers (1) In general The Secretary may waive the requirements of this section for an individual borrower on a determination that the borrower demonstrates adequate knowledge in areas described in this section. (2) Criteria The Secretary shall establish criteria providing for the application of paragraph (1) consistently in all counties nationwide. 3420. Loan assessments (a) In general After an applicant is determined to be eligible for assistance under this subtitle, the Secretary shall evaluate, in accordance with regulations issued by the Secretary, the farming plan and financial situation of each qualified farmer applicant. (b) Determinations In evaluating the farming plan and financial situation of an applicant under this section, the Secretary shall determine— (1) the amount that the applicant needs to borrow to carry out the proposed farming plan; (2) the rate of interest that the applicant would need to be able to cover expenses and build an adequate equity base; (3) the goals of the proposed farming plan of the applicant; (4) the financial viability of the plan and any changes that are necessary to make the plan viable; and (5) whether assistance is necessary under this title and, if so, the amount of the assistance. (c) Contract The Secretary may contract with a third party (including an entity that is eligible to provide borrower training under section 3419(b)) to conduct a loan assessment under this section. (d) Review of loans (1) In general Loan assessments conducted under this section shall include biannual review of direct loans, and periodic review (as determined necessary by the Secretary) of guaranteed loans, made under this title to assess the progress of a borrower in meeting the goals for the farm operation. (2) Contracts The Secretary may contract with an entity that is eligible to provide borrower training under section 3419(b) to conduct a loan review under paragraph (1). (3) Problem assessments If a borrower is delinquent in payments on a direct or guaranteed loan made under this title, the Secretary or the contracting entity shall determine the cause of, and action necessary to correct, the delinquency. (e) Guidelines The Secretary shall issue regulations providing guidelines for loan assessments conducted under this section. 3421. Supervised credit The Secretary shall provide adequate training to employees of the Farm Service Agency on credit analysis and financial and farm management— (1) to better acquaint the employees with what constitutes adequate financial data on which to base a direct or guaranteed loan approval decision; and (2) to ensure proper supervision of farmer program loans. 3422. Market placement The Secretary shall establish a market placement program for a qualified beginning farmer and any other borrower of farmer program loans that the Secretary believes has a reasonable chance of qualifying for commercial credit with a guarantee provided under this subtitle. 3423. Recordkeeping of loans by gender of borrower The Secretary shall classify, by gender, records of applicants for loans and loan guarantees under this subtitle. 3424. Crop insurance requirement (a) In general As a condition of obtaining any benefit (including a direct loan, loan guarantee, or payment) described in subsection (b), a borrower shall be required to obtain at least catastrophic risk protection insurance coverage under section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) for the crop and crop year for which the benefit is sought, if the coverage is offered by the Federal Crop Insurance Corporation. (b) Applicable benefits Subsection (a) shall apply to— (1) a farm ownership loan under section 3102; (2) an operating loan under section 3202; and (3) an emergency loan under section 3301. 3425. Loan and loan servicing limitations (a) Delinquent borrowers prohibited from obtaining direct operating loans The Secretary may not make a direct operating loan under chapter 2 to a borrower who is delinquent on any loan made or guaranteed under this subtitle. (b) Loans prohibited for borrowers that have received debt forgiveness (1) Prohibitions Except as provided in paragraph (2)— (A) the Secretary may not make a loan under this subtitle to a borrower that has received debt forgiveness on a loan made or guaranteed under this subtitle; and (B) the Secretary may not guarantee a loan under this subtitle to a borrower that has received— (i) debt forgiveness after April 4, 1996, on a loan made or guaranteed under this subtitle; or (ii) received debt forgiveness on more than 3 occasions on or before April 4, 1996. (2) Exceptions (A) In general The Secretary may make a direct or guaranteed farm operating loan for paying annual farm operating expenses of a borrower who— (i) was restructured with a write-down under section 3411; (ii) is current on payments under a confirmed reorganization plan under chapters 1 11, 12, or 13 of title 11 of the United States Code; or (iii) received debt forgiveness on not more than 1 occasion resulting directly and primarily from a major disaster or emergency designated by the President on or after April 4, 1996, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. (B) Emergency loans The Secretary may make an emergency loan under section 3301 to a borrower that— (i) on or before April 4, 1996, received not more than 1 debt forgiveness on a loan made or guaranteed under this subtitle; and (ii) after April 4, 1996, has not received debt forgiveness on a loan made or guaranteed under this subtitle. (c) No more than 1 debt forgiveness for a borrower on a direct loan The Secretary may not provide to a borrower debt forgiveness on a direct loan made under this subtitle if the borrower has received debt forgiveness on another direct loan made under this subtitle. 3426. Short form certification of farm program borrower compliance The Secretary shall develop and use a consolidated short form for farmer program loan borrowers to use in certifying compliance with any applicable provision of law (including a regulation) that serves as an eligibility prerequisite for a loan made under this subtitle. 3427. Underwriting forms and standards In the administration of this subtitle, the Secretary shall, to the extent practicable, use underwriting forms, standards, practices, and terminology similar to the forms, standards, practices, and terminology used by lenders in the private sector. 3428. Beginning farmer individual development accounts pilot program (a) Definitions In this section: (1) Demonstration program The term demonstration program (2) Eligible participant The term eligible participant (A) lacks significant financial resources or assets; and (B) has an income that is less than— (i) 80 percent of the median income of the State in which the farmer resides; or (ii) 200 percent of the most recent annual Federal Poverty Income Guidelines published by the Department of Health and Human Services for the State. (3) Individual development account The term individual development account (4) Qualified entity (A) In general The term qualified entity (i) 1 or more organizations— (I) described in section 501(c)(3) (II) exempt from taxation under section 501(a) of such Code; or (ii) a State, local, or tribal government submitting an application jointly with an organization described in clause (i). (B) No prohibition on collaboration An organization described in subparagraph (A)(i) may collaborate with a financial institution or for-profit community development corporation to carry out the purposes of this section. (b) Pilot program (1) In general The Secretary shall establish a pilot program to be known as the New Farmer Individual Development Accounts Pilot Program (A) of at least 5 years in duration; and (B) in at least 15 States. (2) Coordination The Secretary shall operate the pilot program through and in coordination with the farmer program loans of the Farm Service Agency. (3) Reserve funds (A) In general A qualified entity carrying out a demonstration program under this section shall establish a reserve fund consisting of a non-Federal match of 50 percent of the total amount of the grant awarded to the demonstration program under this section. (B) Federal funds After the qualified entity has deposited the non-Federal matching funds described in subparagraph (A) in the reserve fund, the Secretary shall provide the total amount of the grant awarded under this section to the demonstration program for deposit in the reserve fund. (C) Use of funds Of the funds deposited under subparagraph (B) in the reserve fund established for a demonstration program, the qualified entity carrying out the demonstration program— (i) may use up to 10 percent for administrative expenses; and (ii) shall use the remainder in making matching awards described in paragraph (4)(B)(ii)(I). (D) Interest Any interest earned on amounts in a reserve fund established under subparagraph (A) may be used by the qualified entity as additional matching funds for, or to administer, the demonstration program. (E) Guidance The Secretary shall issue guidance regarding the investment requirements of reserve funds established under this paragraph. (F) Reversion On the date on which all funds remaining in any individual development account established by a qualified entity have reverted under paragraph (5)(B)(ii) to the reserve fund established by the qualified entity, there shall revert to the Treasury of the United States a percentage of the amount (if any) in the reserve fund equal to— (i) the amount of Federal funds deposited in the reserve fund under subparagraph (B) that were not used for administrative expenses; divided by (ii) the total amount of funds deposited in the reserve fund. (4) Individual development accounts (A) In general A qualified entity receiving a grant under this section shall establish and administer individual development accounts for eligible participants. (B) Contract requirements To be eligible to receive funds under this section from a qualified entity, an eligible participant shall enter into a contract with only 1 qualified entity under which— (i) the eligible participant agrees— (I) to deposit a certain amount of funds of the eligible participant in a personal savings account, as prescribed by the contractual agreement between the eligible participant and the qualified entity; (II) to use the funds described in subclause (I) only for 1 or more eligible expenditures described in paragraph (5)(A); and (III) to complete financial training; and (ii) the qualified entity agrees— (I) to deposit, not later than 1 month after an amount is deposited pursuant to clause (i)(I), at least a 100-percent, and up to a 200-percent, match of that amount into the individual development account established for the eligible participant; and (II) with uses of funds proposed by the eligible participant. (C) Limitation (i) In general A qualified entity administering a demonstration program under this section may provide not more than $6,000 for each fiscal year in matching funds to the individual development account established by the qualified entity for an eligible participant. (ii) Treatment of amount An amount provided under clause (i) shall not be considered to be a gift or loan for mortgage purposes. (5) Eligible expenditures (A) In general An eligible expenditure described in this subparagraph is an expenditure— (i) to purchase farmland or make a down payment on an accepted purchase offer for farmland; (ii) to make mortgage payments on farmland purchased pursuant to clause (i), for up to 180 days after the date of the purchase; (iii) to purchase breeding stock, fruit or nut trees, or trees to harvest for timber; and (iv) for other similar expenditures, as determined by the Secretary. (B) Timing (i) In general An eligible participant may make an eligible expenditure at any time during the 2-year period beginning on the date on which the last matching funds are provided under paragraph (4)(B)(ii)(I) to the individual development account established for the eligible participant. (ii) Unexpended funds At the end of the period described in clause (i), any funds remaining in an individual development account established for an eligible participant shall revert to the reserve fund of the demonstration program under which the account was established. (c) Applications (1) In general A qualified entity that seeks to carry out a demonstration program under this section may submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (2) Criteria In considering whether to approve an application to carry out a demonstration program under this section, the Secretary shall assess— (A) the degree to which the demonstration program described in the application is likely to aid eligible participants in successfully pursuing new farming opportunities; (B) the experience and ability of the qualified entity to responsibly administer the demonstration program; (C) the experience and ability of the qualified entity in recruiting, educating, and assisting eligible participants to increase economic independence and pursue or advance farming opportunities; (D) the aggregate amount of direct funds from non-Federal public sector and private sources that are formally committed to the demonstration program as matching contributions; (E) the adequacy of the plan of the qualified entity to provide information relevant to an evaluation of the demonstration program; and (F) such other factors as the Secretary considers to be appropriate. (3) Preferences In considering an application to conduct a demonstration program under this section, the Secretary shall give preference to an application from a qualified entity that demonstrates— (A) a track record of serving clients targeted by the program, including, as appropriate, socially disadvantaged farmers; and (B) expertise in dealing with financial management aspects of farming. (4) Approval Not later than 1 year after the date of enactment of this section, in accordance with this section, the Secretary shall, on a competitive basis, approve such applications to conduct demonstration programs as the Secretary considers appropriate. (5) Term of authority If the Secretary approves an application to carry out a demonstration program, the Secretary shall authorize the applicant to carry out the project for a period of 5 years, plus an additional 2 years to make eligible expenditures in accordance with subsection (b)(5)(B). (d) Grant authority (1) In general The Secretary shall make a grant to a qualified entity authorized to carry out a demonstration program under this section. (2) Maximum amount of grants The aggregate amount of grant funds provided to a demonstration program carried out under this section shall not exceed $250,000. (3) Timing of grant payments The Secretary shall pay the amounts awarded under a grant made under this section— (A) on the awarding of the grant; or (B) pursuant to such payment plan as the qualified entity may specify. (e) Reports (1) Annual progress reports (A) In general Not later than 60 days after the end of the calendar year in which the Secretary authorizes a qualified entity to carry out a demonstration program under this section, and annually thereafter until the conclusion of the demonstration program, the qualified entity shall prepare an annual report that includes, for the period covered by the report— (i) an evaluation of the progress of the demonstration program; (ii) information about the demonstration program, including the eligible participants and the individual development accounts that have been established; and (iii) such other information as the Secretary may require. (B) Submission of reports A qualified entity shall submit each report required under subparagraph (A) to the Secretary. (2) Reports by the Secretary Not later than 1 year after the date on which all demonstration programs under this section are concluded, the Secretary shall submit to Congress a final report that describes the results and findings of all reports and evaluations carried out under this section. (f) Annual review The Secretary may conduct an annual review of the financial records of a qualified entity— (1) to assess the financial soundness of the qualified entity; and (2) to determine the use of grant funds made available to the qualified entity under this section. (g) Regulations In carrying out this section, the Secretary may promulgate regulations to ensure that the program includes provisions for— (1) the termination of demonstration programs; (2) control of the reserve funds in the case of such a termination; (3) transfer of demonstration programs to other qualified entities; and (4) remissions from a reserve fund to the Secretary in a case in which a demonstration program is terminated without transfer to a new qualified entity. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2013 through 2018. 3429. Farmer loan pilot projects (a) In general The Secretary may conduct pilot projects of limited scope and duration that are consistent with this subtitle to evaluate processes and techniques that may improve the efficiency and effectiveness of the programs carried out under this subtitle (b) Notification The Secretary shall— (1) not less than 60 days before the date on which the Secretary initiates a pilot project under subsection (a), submit notice of the proposed pilot project to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (2) consider any recommendations or feedback provided to the Secretary in response to the notice provided under paragraph (1). 3430. Prohibition on use of loans for certain purposes (a) In general Except as provided in subsections (b) and (c), the Secretary may not approve a loan under this subtitle to drain, dredge, fill, level, or otherwise manipulate a wetland (as defined in section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) (b) Prior activity Subsection (a) does not apply in the case of— (1) an activity related to the maintenance of a previously converted wetland; or (2) an activity that had already commenced before November 28, 1990. (c) Exception This section shall not apply to a loan made or guaranteed under this subtitle for a utility line. 3431. Authorization of appropriations and allocation of funds (a) Authorization for loans (1) In general The Secretary may make or guarantee loans under chapters 1 and 2 from the Agricultural Credit Insurance Fund for not more than $4,226,000,000 for each of fiscal years 2013 through 2018, of which, for each fiscal year— (A) $1,200,000,000 shall be for direct loans, of which— (i) $350,000,000 shall be for farm ownership loans; and (ii) $850,000,000 shall be for operating loans; and (B) $3,026,000,000 shall be for guaranteed loans, of which— (i) $1,000,000,000 shall be for guarantees of farm ownership loans; and (ii) $2,026,000,000 shall be for guarantees of operating loans. (2) Beginning farmers (A) Direct loans (i) Farm ownership loans (I) In general Of the amounts made available under paragraph (1) for direct farm ownership loans, the Secretary shall reserve an amount that is not less than 75 percent of the total amount for qualified beginning farmers. (II) Down payment loans; joint financing arrangements Of the amounts reserved for a fiscal year under subclause (I), the Secretary shall reserve an amount not less than 2/3 (ii) Operating loans Of the amounts made available under paragraph (1) for direct operating loans, the Secretary shall reserve for qualified beginning farmers for each of fiscal years 2013 through 2018, an amount that is not less than 50 percent of the total amount. (iii) Funds reserved until September 1 Except as provided in clause (i)(II), funds reserved for qualified beginning farmers under this subparagraph for a fiscal year shall be reserved only until September 1 of the fiscal year. (B) Guaranteed loans (i) Farm ownership loans Of the amounts made available under paragraph (1) for guarantees of farm ownership loans, the Secretary shall reserve an amount that is not less than 40 percent of the total amount for qualified beginning farmers. (ii) Operating loans Of the amounts made available under paragraph (1) for guarantees of operating loans, the Secretary shall reserve 40 percent for qualified beginning farmers. (iii) Funds reserved until April 1 Funds reserved for qualified beginning farmers under this subparagraph for a fiscal year shall be reserved only until April 1 of the fiscal year. (C) Reserved funds for all qualified beginning farmers If a qualified beginning farmer meets the eligibility criteria for receiving a direct or guaranteed loan under section 3101, 3107, or 3201, the Secretary shall make or guarantee the loan if sufficient funds reserved under this paragraph are available to make or guarantee the loan. (3) Transfer for down payment loans (A) In general Subject to subparagraph (B)— (i) beginning on August 1 of each fiscal year, the Secretary shall use available unsubsidized guaranteed farm operating loan funds to provide direct farm ownership loans approved by the Secretary to qualified beginning farmers under the down payment loan program established under section 3107, if sufficient direct farm ownership loan funds are not otherwise available; and (ii) beginning on September 1 of each fiscal year, the Secretary shall use available unsubsidized guaranteed farm operating loan funds to provide direct farm ownership loans approved by the Secretary to qualified beginning farmers, if sufficient direct farm ownership loan funds are not otherwise available. (B) Limitation The Secretary shall limit the transfer of funds under subparagraph (A) so that all guaranteed farm operating loans that have been approved, or will be approved, by the Secretary during the fiscal year will be made to the extent of available amounts. (4) Transfer for credit sales of farm inventory property (A) In general Subject to subparagraphs (B) and (C), beginning on September 1 of each fiscal year, the Secretary may use available funds made available under chapter 3 for the fiscal year to fund the credit sale of farm real estate in the inventory of the Secretary. (B) Supplemental appropriations The transfer authority provided under subparagraph (A) shall not apply to any funds made available to the Secretary for any fiscal year under an Act making supplemental appropriations. (C) Limitation The Secretary shall limit the transfer of funds under subparagraph (A) so that all emergency disaster loans that have been approved, or will be approved, by the Secretary during the fiscal year will be made to the extent of available amounts. (5) Availability of funds Funds made available to carry out this subtitle shall remain available until expended. (b) Cost projections (1) In general The Secretary shall develop long-term cost projections for loan program authorizations required under subsection (a). (2) Analysis Each projection under paragraph (1) shall include analyses of— (A) the long-term costs of the lending levels that the Secretary requests to be authorized under subsection (a); and (B) the long-term costs for increases in lending levels beyond those requested to be authorized, based on increments of $10,000,000 or such other levels as the Secretary considers appropriate. (3) Submission to congress The Secretary shall submit to the Committees on Agriculture and Appropriations of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry and Appropriations of the Senate reports containing the long-term cost projections for the 3-year period beginning with fiscal year 1983 and each 3-year period thereafter at the time the requests for authorizations for those periods are submitted to Congress. (c) Low-Income, limited-Resource borrowers (1) Reserve Notwithstanding any other provision of law, not less than 25 percent of the loans for farm ownership purposes for each fiscal year under this subtitle shall be for low-income, limited-resource borrowers. (2) Notification The Secretary shall provide notification to farm borrowers under this subtitle in the normal course of loan making and loan servicing operations, of the provisions of this subtitle relating to low-income, limited-resource borrowers and the procedures by which persons may apply for loans under the low-income, limited-resource borrower program. . B Miscellaneous 5101. State agricultural mediation programs Section 506 of the Agricultural Credit Act of 1987 ( 7 U.S.C. 5106 2015 2018 5102. Loans to purchasers of highly fractionated land (a) In general The first sentence of Public Law 91–229 25 U.S.C. 488 (1) in subsection (a), in the first sentence, by striking loans from 1929) direct loans in a manner consistent with direct loans pursuant to chapter 4 of subtitle A of the Consolidated Farm and Rural Development Act (2) in subsection (b)(1)— (A) by striking pursuant to section 205(c) of the Indian Land Consolidation Act (25 U.S.C. 2204(c)) (B) by inserting or to intermediaries in order to establish revolving loan funds for the purchase of highly fractionated land under that section (3) by adding at the end the following: (c) Consultation required In determining regulations and procedures to define eligible purchasers of highly fractionated land under this section, the Secretary of Agriculture shall consult with the Secretary of the Interior. . 5103. Removal of duplicative appraisals Notwithstanding any other law (including regulations), in making loans under the first section of Public Law 91–229 VI Rural Development A Reorganization of the Consolidated Farm and Rural Development Act 6001. Reorganization of the Consolidated Farm and Rural Development Act Title III of the Agricultural Act of 1961 ( 7 U.S.C. 1921 et seq. III Agricultural credit 3001. Short title; table of contents (a) Short title This title may be cited as the Consolidated Farm and Rural Development Act (b) Table of contents The table of contents of this title is as follows: TITLE III—Agricultural credit Sec. 3001. Short title; table of contents. Sec. 3002. Definitions. Subtitle A—Farmer loans, servicing, and other assistance Chapter 1—Farm ownership loans Sec. 3101. Farm ownership loans. Sec. 3102. Purposes of loans. Sec. 3103. Conservation loan and loan guarantee program. Sec. 3104. Loan maximums. Sec. 3105. Repayment requirements for farm ownership loans. Sec. 3106. Limited-resource loans. Sec. 3107. Downpayment loan program. Sec. 3108. Beginning farmer and socially disadvantaged farmer contract land sales program. Chapter 2—Operating loans Sec. 3201. Operating loans. Sec. 3202. Purposes of loans. Sec. 3203. Restrictions on loans. Sec. 3204. Terms of loans. Chapter 3—Emergency loans Sec. 3301. Emergency loans. Sec. 3302. Purposes of loans. Sec. 3303. Terms of loans. Sec. 3304. Production losses. Chapter 4—General farmer loan provisions Sec. 3401. Agricultural Credit Insurance Fund. Sec. 3402. Guaranteed farmer loans. Sec. 3403. Provision of information to borrowers. Sec. 3404. Notice of loan service programs. Sec. 3405. Planting and production history guidelines. Sec. 3406. Special conditions and limitations on loans. Sec. 3407. Graduation of borrowers. Sec. 3408. Debt adjustment and credit counseling. Sec. 3409. Security servicing. Sec. 3410. Contracts on loan security properties. Sec. 3411. Debt restructuring and loan servicing. Sec. 3412. Relief for mobilized military reservists from certain agricultural loan obligations. Sec. 3413. Interest rate reduction program. Sec. 3414. Homestead property. Sec. 3415. Transfer of inventory land. Sec. 3416. Target participation rates. Sec. 3417. Compromise or adjustment of debts or claims by guaranteed lender. Sec. 3418. Waiver of mediation rights by borrowers. Sec. 3419. Borrower training. Sec. 3420. Loan assessments. Sec. 3421. Supervised credit. Sec. 3422. Market placement. Sec. 3423. Recordkeeping of loans by gender of borrower. Sec. 3424. Crop insurance requirement. Sec. 3425. Loan and loan servicing limitations. Sec. 3426. Short form certification of farm program borrower compliance. Sec. 3427. Underwriting forms and standards. Sec. 3428. Beginning farmer individual development accounts pilot program. Sec. 3429. Farmer loan pilot projects. Sec. 3430. Prohibition on use of loans for certain purposes. Sec. 3431. Authorization of appropriations and allocation of funds. Subtitle B—Rural development Chapter 1—Rural community programs Sec. 3501. Water and waste disposal loans, loan guarantees, and grants. Sec. 3502. Community facilities loans, loan guarantees, and grants. Sec. 3503. Health care services. Chapter 2—Rural business and cooperative development Sec. 3601. Business programs. Sec. 3602. Rural Business Investment Program. Chapter 3—General rural development provisions Sec. 3701. General provisions for loans and grants. Sec. 3702. Strategic economic and community development. Sec. 3703. Guaranteed rural development loans. Sec. 3704. Rural Development Insurance Fund. Sec. 3705. Rural economic area partnership zones. Sec. 3706. Streamlining applications and improving accessibility of rural development programs. Sec. 3707. State Rural Development Partnership. Chapter 4—Delta Regional Authority Sec. 3801. Definitions. Sec. 3802. Delta Regional Authority. Sec. 3803. Economic and community development grants. Sec. 3804. Supplements to Federal grant programs. Sec. 3805. Local development districts; certification and administrative expenses. Sec. 3806. Distressed counties and areas and nondistressed counties. Sec. 3807. Development planning process. Sec. 3808. Program development criteria. Sec. 3809. Approval of development plans and projects. Sec. 3810. Consent of States. Sec. 3811. Records. Sec. 3812. Annual report. Sec. 3813. Authorization of appropriations. Sec. 3814. Termination of authority. Chapter 5—Northern Great Plains Regional Authority Sec. 3821. Definitions. Sec. 3822. Northern Great Plains Regional Authority. Sec. 3823. Interstate cooperation for economic opportunity and efficiency. Sec. 3824. Economic and community development grants. Sec. 3825. Supplements to Federal grant programs. Sec. 3826. Multistate and local development districts and organizations and Northern Great Plains Inc. Sec. 3827. Distressed counties and areas and nondistressed counties. Sec. 3828. Development planning process. Sec. 3829. Program development criteria. Sec. 3830. Approval of development plans and projects. Sec. 3831. Consent of States. Sec. 3832. Records. Sec. 3833. Annual report. Sec. 3834. Authorization of appropriations. Sec. 3835. Termination of authority. Subtitle C—General provisions Sec. 3901. Full faith and credit. Sec. 3902. Purchase and sale of guaranteed portions of loans. Sec. 3903. Administration. Sec. 3904. Loan moratorium and policy on foreclosures. Sec. 3905. Oil and gas royalty payments on loans. Sec. 3906. Taxation. Sec. 3907. Conflicts of interest. Sec. 3908. Loan summary statements. Sec. 3909. Certified lenders program. Sec. 3910. Loans to resident aliens. Sec. 3911. Expedited clearing of title to inventory property. Sec. 3912. Transfer of land to Secretary. Sec. 3913. Competitive sourcing limitations. Sec. 3914. Regulations. 3002. Definitions In this title (unless the context otherwise requires): (1) Able to obtain credit elsewhere The term able to obtain credit elsewhere (2) Agricultural credit insurance fund The term Agricultural Credit Insurance Fund (3) Approved lender The term approved lender (A) a lender approved prior to October 28, 1992, by the Secretary under the approved lender program established by exhibit A to subpart B of part 1980 of title 7, Code of Federal Regulations (as in effect on January 1, 1991); or (B) a lender certified under section 3909. (4) Aquaculture The term aquaculture (5) Beginning farmer The term beginning farmer (6) Borrower (A) In general Except as provided in subparagraph (B), the term borrower (B) Exclusions The term borrower (7) County committee The term county committee 16 U.S.C. 590h(b)(5) (8) Debt forgiveness (A) In general Except as provided in subparagraph (B), the term debt forgiveness (i) writing down or writing off a loan under section 3411; (ii) compromising, adjusting, reducing, or charging-off a debt or claim under section 3903; (iii) paying a loss on a guaranteed loan under this title; or (iv) discharging a debt as a result of bankruptcy. (B) Loan restructuring The term debt forgiveness (9) Department The term Department (10) Direct loan The term direct loan (11) Entity The term entity (12) Farm The term farm (A) the production of an agricultural commodity; (B) ranching; or (C) aquaculture. (13) Farmer The term farmer (A) the production of an agricultural commodity; (B) ranching; or (C) aquaculture. (14) Farmer program loan The term farmer program loan (A) a farm ownership loan under section 3101; (B) a conservation loan under section 3103; (C) an operating loan under section 3201; (D) an emergency loan under section 3301; (E) an economic emergency loan under section 202 of the Emergency Agricultural Credit Adjustment Act of 1978 (7 U.S.C. prec. 1961 note; Public Law 95–334 (F) a loan for a farm service building under section 502 of the Housing Act of 1949 42 U.S.C. 1472 (G) an economic opportunity loan under section 602 of the Economic Opportunity Act of 1964 ( Public Law 88–452 42 U.S.C. 2942 (H) a softwood timber loan under section 608 of the Agricultural Programs Adjustment Act of 1984 (7 U.S.C. 1981 note; Public Law 98–258 (I) any other loan described in section 343(a)(10) of this title (as it existed before the amendment made by section 2 of the Agriculture Reform, Food, and Jobs Act of 2013 (15) Farm service agency The term Farm Service Agency (16) Governmental entity The term governmental entity (17) Guarantee The term guarantee (18) Highly erodible land The term highly erodible land (19) Homestead retention The term homestead retention (20) Indian tribe The term Indian tribe 20 U.S.C. 1059c(b) (21) Loan service program The term loan service program (22) Natural or major disaster or emergency The term natural or major disaster or emergency (A) a disaster due to nonmanmade causes declared by the Secretary; or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. (23) Primary loan service program The term primary loan service program (A) loan consolidation, rescheduling, or reamortization; (B) interest rate reduction, including the use of the limited resource program; (C) loan restructuring, including deferral, set aside, or writing down of the principal or accumulated interest charges, or both, of the loan; or (D) any combination of actions described in subparagraphs (A), (B), and (C). (24) Prime farmland The term prime farmland (25) Project For purposes of section 3501, the term project (26) Qualified beginning farmer The term qualified beginning farmer (A) is eligible for assistance under this title; (B) has not operated a farm, or has operated a farm for not more than 10 years; (C) in the case of a cooperative, corporation, partnership, or joint operation, has members, stockholders, partners, or joint operators who are all related to each other by blood or marriage; (D) in the case of a farmer who is the owner and operator of a farm— (i) in the case of a loan made to an individual, individually or with the immediate family of the applicant— (I) materially and substantially participates in the operation of the farm; and (II) provides substantial day-to-day labor and management of the farm, consistent with the practices in the State or county in which the farm is located; or (ii) (I) in the case of a loan made to a cooperative, corporation, partnership, or joint operation, has members, stockholders, partners, or joint operators who materially and substantially participate in the operation of the farm; and (II) in the case of a loan made to a corporation, has stockholders who all qualify individually as beginning farmers; (E) in the case of an applicant seeking to become an owner and operator of a farm— (i) in the case of a loan made to an individual, individually or with the immediate family of the applicant, will— (I) materially and substantially participate in the operation of the farm; and (II) provide substantial day-to-day labor and management of the farm, consistent with the practices in the State or county in which the farm is located; or (ii) (I) in the case of a loan made to a cooperative, corporation, partnership, or joint operation, will have members, stockholders, partners, or joint operators who will materially and substantially participate in the operation of the farm; and (II) in the case of a loan made to a corporation, has stockholders who will all qualify individually as beginning farmers; (F) agrees to participate in such loan assessment, borrower training, and financial management programs as the Secretary may require; (G) (i) does not own farm land; or (ii) directly or through interests in family farm corporations, owns farm land, the aggregate acreage of which does not exceed 30 percent of the average acreage of the farms, as the case may be, in the county in which the farm operations of the applicant are located, as reported in the most recent census of agriculture taken in accordance with the Census of Agriculture Act of 1997 ( 7 U.S.C. 2204g et seq. (H) demonstrates that the available resources of the applicant and any spouse of the applicant are not sufficient to enable the applicant to farm on a viable scale. (27) Recreational purpose For purposes of section 3410, the term recreational purpose (28) Rural and rural area (A) In general Subject to any determination made under subparagraph (B), the terms rural’ and ‘rural area (i) a city or town that has a population of greater than 50,000 inhabitants; and (ii) any urbanized area contiguous and adjacent to a city or town described in clause (i). (B) Determination of areas rural in character (i) In general If part of an area described in subparagraph (A)(ii) was eligible under the definitions of the terms rural rural area Agriculture Reform, Food, and Jobs Act of 2013 Under Secretary (ii) Other areas On petition of a unit of local government in an urbanized area described in subparagraph (A)(ii), or on the initiative of the Under Secretary, the Under Secretary may determine that part of an area is rural, based on the criteria described in clause (iii). (iii) Criteria In making a determination under clause (i), the Under Secretary shall consider— (I) population density; (II) economic conditions, favoring a rural determination for areas facing— (aa) chronic unemployment in excess of statewide averages; (bb) sudden loss of employment from natural disaster or the loss of a significant employer in the area; or (cc) chronic poverty demonstrated at the census block or county level compared to statewide median household income; and (III) commuting patterns, favoring a rural determination for areas that can demonstrate higher proportions of the population living and working in the area. (iv) Administration In carrying out this subparagraph, the Under Secretary shall— (I) not delegate the authority to carry out this subparagraph; (II) not make a determination under clause (i) until the date that is 3 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (III) consult with the applicable rural development State or regional director of the Department and the Governor of the respective State; (IV) provide an opportunity to appeal to the Under Secretary a determination made under this subparagraph; (V) release to the public notice of a petition filed or initiative of the Under Secretary under this subparagraph not later than 30 days after receipt of the petition or the commencement of the initiative, as appropriate; (VI) make a determination under this subparagraph not less than 15 days, and not more than 60 days, after the release of the notice under subclause (V); and (VII) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report on actions taken to carry out this subparagraph. (v) Hawaii and Puerto Rico Notwithstanding any other provision of this subsection, within the areas of the County of Honolulu, Hawaii, and the Commonwealth of Puerto Rico, the Under Secretary may designate any part of the areas as a rural area if the Under Secretary determines that the part is not urban in character, other than any area included in the Honolulu Census Designated Place or the San Juan Census Designated Place. (C) Exclusions Notwithstanding any other provision of this paragraph, in determining which census blocks in an urbanized area are not in a rural area (as defined in this paragraph), the Secretary shall exclude any cluster of census blocks that would otherwise be considered not in a rural area only because the cluster is adjacent to not more than 2 census blocks that are otherwise considered not in a rural area under this paragraph. (29) Seasoned direct loan borrower The term seasoned direct loan borrower (30) Secretary The term Secretary (31) Socially disadvantaged farmer The term socially disadvantaged farmer (32) Socially disadvantaged group The term socially disadvantaged group (33) Solar energy The term solar energy (34) State The term State (A) in this title (other than subtitle A), each of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and (B) in subtitle A, each of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and, to the extent the Secretary determines it to be feasible and appropriate, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (35) State beginning farmer program The term State beginning farmer program (A) carried out by, or under contract with, a State; and (B) designed to assist qualified beginning farmers in obtaining the financial assistance necessary to enter agriculture and establish viable farming operations. (36) Veteran The term veteran (37) Wetland The term wetland 16 U.S.C. 3801(a) (38) Wildlife The term wildlife 16 U.S.C. 3371(a) B Rural development 1 Rural community programs 3501. Water and waste disposal loans, loan guarantees, and grants (a) In general The Secretary may make grants and loans and issue loan guarantees (including a guarantee of a loan financed by the net proceeds of a bond described in section 142(a) (1) the development, storage, treatment, purification, or distribution of water or the collection, treatment, or disposal of waste; and (2) financial assistance and other aid in the planning of projects for purposes described in paragraph (1). (b) Eligible entities Entities eligible for assistance described in subsection (a) are— (1) associations (including corporations not operated for profit); (2) Indian tribes; (3) public and quasi-public agencies; and (4) in the case of a project to attach an individual property in a rural area to a water system to alleviate a health risk, an individual. (c) Loan and loan guarantee requirements In connection with loans made or guaranteed under this section, the Secretary shall require the applicant— (1) to certify in writing, and the Secretary shall determine, that the applicant is unable to obtain sufficient credit elsewhere to finance the actual needs of the applicant at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time; and (2) to furnish an appropriate written financial statement. (d) Grant amounts (1) Maximum Except as otherwise provided in this subsection, the amount of any grant made under this section shall not exceed 75 percent of the development cost of the project for which the grant is provided. (2) Grant rate The Secretary shall establish the grant rate for each project in conformity with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have— (A) lower community population; (B) higher rates of outmigration; and (C) lower income levels. (3) Local share requirements Grants made under this section may be used to pay the local share requirements of another Federal grant-in-aid program to the extent permitted under the law providing for the grant-in-aid program. (e) Special grants (1) Revolving funds for financing water and wastewater projects (A) In general The Secretary may make grants to qualified, nonprofit entities in rural areas to capitalize revolving funds for the purpose of providing financing to eligible entities for— (i) predevelopment costs associated with proposed water and wastewater projects or with existing water and wastewater systems; and (ii) short-term costs incurred for replacement equipment, small-scale extension services, or other small capital projects that are not part of the regular operations and maintenance activities of existing water and wastewater systems. (B) Maximum amount of financing The amount of financing made to an eligible entity under this paragraph shall not exceed— (i) $100,000 for costs described in subparagraph (A)(i); and (ii) $100,000 for costs described in subparagraph (A)(ii). (C) Term The term of financing provided to an eligible entity under this paragraph shall not exceed 10 years. (D) Administration The Secretary shall limit the amount of grant funds that may be used by a grant recipient for administrative costs incurred under this paragraph. (E) Annual report A nonprofit entity receiving a grant under this paragraph shall submit to the Secretary an annual report that describes the number and size of communities served and the type of financing provided. (F) Authorization of appropriations There is authorized to be appropriated to carry out this paragraph $30,000,000 for each of fiscal years 2014 through 2018. (2) Emergency and imminent community water assistance program (A) In general The Secretary shall provide grants in accordance with this paragraph to assist the residents of rural areas and small communities to secure adequate quantities of safe water— (i) after a significant decline in the quantity or quality of water available from the water supplies of the rural areas and small communities, or when such a decline is imminent; or (ii) when repairs, partial replacement, or significant maintenance efforts on established water systems would remedy— (I) an acute or imminent shortage of quality water; or (II) a significant or imminent decline in the quantity or quality of water that is available. (B) Priority In carrying out subparagraph (A), the Secretary shall— (i) give priority to projects described in subparagraph (A)(i); and (ii) provide at least 70 percent of all grants under this paragraph to those projects. (C) Eligibility To be eligible to obtain a grant under this paragraph, an applicant shall— (i) be a public or private nonprofit entity; and (ii) in the case of a grant made under subparagraph (A)(i), demonstrate to the Secretary that the decline referred to in that subparagraph occurred, or will occur, not later than 2 years after the date on which the application was filed for the grant. (D) Uses (i) In general Grants made under this paragraph may be used— (I) for waterline extensions from existing systems, laying of new waterlines, repairs, significant maintenance, digging of new wells, equipment replacement, and hook and tap fees; (II) for any other appropriate purpose associated with developing sources of, treating, storing, or distributing water; (III) to assist communities in complying with the requirements of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (IV) to provide potable water to communities through other means. (ii) Joint proposals (I) In general Subject to the restrictions in subparagraph (E), nothing in this paragraph precludes rural communities from submitting joint proposals for emergency water assistance. (II) Consideration of restrictions The restrictions in subparagraph (E) shall be considered in the aggregate, depending on the number of communities involved. (E) Restrictions (i) Maximum income No grant provided under this paragraph shall be used to assist any rural area or community that has a median household income in excess of the State nonmetropolitan median household income according to the most recent decennial census of the United States. (ii) Set-aside for smaller communities Not less than 50 percent of the funds allocated under this paragraph shall be allocated to rural communities with populations that do not exceed 3,000 inhabitants. (F) Maximum grants Grants made under this paragraph may not exceed— (i) in the case of each grant made under subparagraph (A)(i), $500,000; and (ii) in the case of each grant made under subparagraph (A)(ii), $150,000. (G) Full funding Subject to subparagraph (F), grants under this paragraph shall be made in an amount equal to 100 percent of the costs of the projects conducted under this paragraph. (H) Application (i) Nationally competitive application process (I) In general The Secretary shall develop a nationally competitive application process to award grants under this paragraph. (II) Requirements The process shall include criteria for evaluating applications, including population, median household income, and the severity of the decline, or imminent decline, in the quantity or quality of water. (ii) Timing of review of applications (I) Simplified application The application process developed by the Secretary under clause (i) shall include a simplified application form that will permit expedited consideration of an application for a grant filed under this paragraph. (II) Priority review In processing applications for any water or waste grant or loan authorized under this section, the Secretary shall afford priority processing to an application for a grant under this paragraph to the extent funds will be available for an award on the application at the conclusion of priority processing. (III) Timing The Secretary shall, to the maximum extent practicable, review and act on an application under this paragraph not later than 60 days after the date on which the application is submitted to the Secretary. (I) Funding (i) Reservation (I) In general For each fiscal year, not less than 3 nor more than 5 percent of the total amount made available to carry out this section for the fiscal year shall be reserved for grants under this paragraph. (II) Release Funds reserved under subclause (I) for a fiscal year shall be reserved only until July 1 of the fiscal year. (ii) Authorization of appropriations In addition to funds made available under clause (i), there is authorized to be appropriated to carry out this paragraph $35,000,000 for each of fiscal years 2014 through 2018. (3) Water and waste facility loans and grants to alleviate health risks (A) Definition of cooperative In this paragraph, the term cooperative (B) Loans and grants to persons other than individuals (i) In general The Secretary shall make or guarantee loans and make grants to provide for the conservation, development, use, and control of water (including the extension or improvement of existing water supply systems) and the installation or improvement of drainage or waste disposal facilities and essential community facilities, including necessary related equipment, training, and technical assistance to— (I) rural water supply corporations, cooperatives, or similar entities; (II) Indian tribes on Federal or State reservations and other federally recognized Indian tribes; (III) rural or native villages in the State of Alaska; (IV) native tribal health consortiums; (V) public agencies; and (VI) Native Hawaiian Home Lands. (ii) Eligible projects Loans and grants described in clause (i) shall be available only to provide the described water and waste facilities and services to communities whose residents face significant health risks, as determined by the Secretary, due to the fact that a significant proportion of the residents of the community do not have access to, or are not served by, adequate affordable— (I) water supply systems; or (II) waste disposal facilities. (iii) Matching requirements For entities described under subclauses (III), (IV), or (V) of clause (i) to be eligible to receive a grant for water supply systems or waste disposal facilities, the State in which the project will occur shall provide 25 percent in matching funds from non-Federal sources. (iv) Certain areas targeted (I) In general Loans and grants under clause (i) shall be made only if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of a county or census area— (aa) the per capita income of the residents of which is not more than 70 percent of the national average per capita income, as determined by the Department of Commerce; and (bb) the unemployment rate of the residents of which is not less than 125 percent of the national average unemployment rate, as determined by the Bureau of Labor Statistics. (II) Exceptions Notwithstanding subclause (I), loans and grants under clause (i) may also be made if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of— (aa) a rural area that was recognized as a colonia as of October 1, 1989; or (bb) an area described under subclause (II), (III), or (VI) of clause (i). (C) Loans and grants to individuals (i) In general The Secretary shall make or guarantee loans and make grants to individuals who reside in a community described in subparagraph (B)(i) for the purpose of extending water supply and waste disposal systems, connecting the systems to the residences of the individuals, or installing plumbing and fixtures within the residences of the individuals to facilitate the use of the water supply and waste disposal systems. (ii) Interest Loans described in clause (i) shall be at a rate of interest no greater than the Federal Financing Bank rate on loans of a similar term at the time the loans are made. (iii) Amortization The repayment of loans described in clause (i) shall be amortized over the expected life of the water supply or waste disposal system to which the residence of the borrower will be connected. (iv) Manner in which loans and grants are to be made Loans and grants to individuals under clause (i) shall be made— (I) directly to the individuals by the Secretary; or (II) to the individuals through the rural water supply corporation, cooperative, or similar entity, or public agency, providing the water supply or waste disposal services, pursuant to regulations issued by the Secretary. (D) Preference The Secretary shall give preference in the awarding of loans and grants under subparagraphs (B) and (C) to entities described in clause (i) of subparagraph (B) that propose to provide water supply or waste disposal services to the residents of Indian reservations, rural or native villages in the State of Alaska, Native Hawaiian Home Lands, and those rural subdivisions commonly referred to as colonias, that are characterized by substandard housing, inadequate roads and drainage, and a lack of adequate water or waste facilities. (E) Relationship to other authority Notwithstanding any other provision of law, the head of any Federal agency may enter into interagency agreements with Federal, State, tribal, and other entities to share resources, including transferring and accepting funds, equipment, or other supplies, to carry out the activities described in this paragraph. (F) Authorization of appropriations There are authorized to be appropriated— (i) for grants under this paragraph, $60,000,000 for each fiscal year; (ii) for loans under this paragraph, $60,000,000 for each fiscal year; and (iii) in addition to grants provided under clause (i), for grants under this section to benefit Indian tribes, $20,000,000 for each fiscal year. (4) Solid waste management grants (A) In general The Secretary may make grants to nonprofit organizations for the provision of regional technical assistance to local and regional governments and related agencies for the purpose of reducing or eliminating pollution of water resources and improving the planning and management of solid waste disposal facilities in rural areas. (B) Technical assistance grant amounts Grants made under this paragraph for the provision of technical assistance shall be made for 100 percent of the cost of the technical assistance. (C) Authorization of appropriations There is authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2014 through 2018. (5) Rural water and wastewater technical assistance and training programs (A) Grants to nonprofits (i) In general The Secretary may make grants to nonprofit organizations to enable the organizations to provide to associations that provide water and wastewater services in rural areas technical assistance and training— (I) to identify, and evaluate alternative solutions to, problems relating to the obtaining, storage, treatment, purification, or distribution of water or the collection, treatment, or disposal of waste in rural areas; (II) to prepare applications to receive financial assistance for any purpose specified in subsection (a)(1) from any public or private source; and (III) to improve the operation and maintenance practices at any existing works for the storage, treatment, purification, or distribution of water or the collection, treatment, or disposal of waste in rural areas. (ii) Selection priority In selecting recipients of grants to be made under clause (i), the Secretary shall give priority to nonprofit organizations that have experience in providing the technical assistance and training described in clause (i) to associations serving rural areas in which— (I) residents have low income; and (II) water supply systems or waste facilities are unhealthful. (iii) Funding (I) In general Except as provided in subclause (II), not less than 1 nor more than 3 percent of any funds made available to carry out water and waste disposal projects described in subsection (a) for any fiscal year shall be reserved for grants under this paragraph. (II) Exception The minimum amount specified in subclause (I) shall not apply if the aggregate amount of grant funds requested by applications that qualify for grants received by the Secretary from eligible nonprofit organizations for the fiscal year totals less than 1 percent of those funds. (B) Rural water and wastewater circuit rider program (i) In general The Secretary shall continue a national rural water and wastewater circuit rider program that— (I) is consistent with the activities and results of the program conducted before January 1, 2012, as determined by the Secretary; and (II) received funding from the Secretary, acting through the Administrator of the Rural Utilities Service. (ii) Authorization of appropriations There is authorized to be appropriated to carry out this subparagraph $25,000,000 for fiscal year 2014 and each fiscal year thereafter. (6) SEARCH Program (A) In general The Secretary may establish a Special Evaluation Assistance for Rural Communities and Households (SEARCH) program to make predevelopment planning grants for feasibility studies, design assistance, and technical assistance, to financially distressed communities in rural areas with populations of 2,500 or fewer inhabitants for water and waste disposal projects described in this section. (B) Terms (i) Documentation With respect to grants made under this paragraph, the Secretary shall require the lowest quantity of documentation practicable. (ii) Matching Notwithstanding any other provision of this section, the Secretary may fund up to 100 percent of the eligible costs of grants provided under this paragraph, as determined by the Secretary. (iii) Funding The Secretary may use not more than 4 percent of the total amount of funds made available for a fiscal year for water, waste disposal, and essential community facility activities under this chapter to carry out this paragraph. (C) Relationship to other authority (i) In general The funds and authorities provided under this paragraph are in addition to any other funds or authorities the Secretary may have to carry out activities described in this section. (ii) Authorized activities The Secretary may furnish financial assistance or other aid in planning projects for the purposes described in subparagraph (A). (f) Priority In making grants and loans, and guaranteeing loans, for water, wastewater, and waste disposal projects under this section, the Secretary shall give priority consideration to projects that serve rural communities that, as determined by the Secretary— (1) have a population of less than 5,500 permanent residents; (2) have a community water, wastewater, or waste disposal system that— (A) is experiencing— (i) an unanticipated reduction in the quality of water, the quantity of water, or the ability to deliver water; or (ii) some other deterioration in the supply of water to the community; (B) is not adequate to meet the needs of the community; and (C) requires immediate corrective action; (3) are experiencing outmigration; (4) have a high percentage of low-income residents; or (5) are isolated from other significant population centers. (g) Curtailment or limitation of service prohibited The service provided or made available through any such association shall not be curtailed or limited by inclusion of the area served by such association within the boundaries of any municipal corporation or other public body, or by the granting of any private franchise for similar service within such area during the term of such loan; nor shall the happening of any such event be the basis of requiring such association to secure any franchise, license, or permit as a condition to continuing to serve the area served by the association at the time of the occurrence of such event. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. 3502. Community facilities loans, loan guarantees, and grants (a) In general The Secretary may make grants and loans and issue loan guarantees (including a guarantee of a loan financed by the net proceeds of a bond described in section 142(a) (1) essential community facilities, including— (A) necessary equipment; (B) recreational developments; and (2) financial assistance and other assistance in the planning of projects for purposes described in this section. (b) Eligible entities Entities eligible for assistance described in subsection (a) are— (1) associations (including corporations not operated for profit); (2) Indian tribes (including groups of individuals described in paragraph (4) of section 815 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992c (3) public and quasi-public agencies. (c) Loan and loan guarantee requirements (1) In general In connection with loans made or guaranteed under this section, the Secretary shall require the applicant— (A) to certify in writing, and the Secretary shall determine, that the applicant is unable to obtain sufficient credit elsewhere to finance the actual needs of the applicant; and (B) to furnish an appropriate written financial statement. (2) Debt restructuring and loan servicing for community facility loans The Secretary shall establish and implement a program that is similar to the program established under section 3411, except that the debt restructuring and loan servicing procedures shall apply to delinquent community facility program loans to a hospital or health care facility under subsection (a). (d) Grant amounts (1) Maximum Except as otherwise provided in this subsection, the amount of any grant made under this section shall not exceed 75 percent of the development cost of the project for which the grant is provided. (2) Grant rate The Secretary shall establish the grant rate for each project in conformity with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have— (A) low community population; (B) high rates of outmigration; and (C) low income levels. (3) Local share requirements Grants made under this section may be used to pay the local share requirements of another Federal grant-in-aid program to the extent permitted under the law providing for the grant-in-aid program. (e) Priority In making grants and loans, and guaranteeing loans under this section, the Secretary shall give priority consideration to projects that serve rural communities that— (1) have a population of less than 20,000 permanent residents; (2) are experiencing outmigration; (3) have a high percentage of low-income residents; or (4) are isolated from other significant population centers. (f) Tribal colleges and universities (1) In general The Secretary may make grants to an entity that is a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) (2) Federal share The Secretary shall establish the maximum percentage of the cost of the project that may be covered by a grant under this subsection, except that the Secretary may not require non-Federal financial support in an amount that is greater than 5 percent of the total cost of the project. (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2014 through 2018. (g) Technical assistance for community facilities projects (1) In general Subject to paragraph (2), the Secretary may use funds made available for community facilities programs authorized under this section to provide technical assistance to applicants and participants for community facilities programs. (2) Funding The Secretary may use not more than 3 percent of the amount of funds made available to participants for a fiscal year for a community facilities program to provide technical assistance described in paragraph (1). (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. 3503. Health care services (a) Purpose The purpose of this section is to address the continued unmet health needs in the Delta region through cooperation among health care professionals, institutions of higher education, research institutions, and other individuals and entities in the region. (b) Definition of eligible entity In this section, the term eligible entity (c) Grants To carry out the purpose described in subsection (a), the Secretary may award a grant to an eligible entity for— (1) the development of— (A) health care services; (B) health education programs; and (C) health care job training programs; and (2) the development and expansion of public health-related facilities in the Delta region to address longstanding and unmet health needs of the region. (d) Use As a condition of the receipt of the grant, the eligible entity shall use the grant to fund projects and activities described in subsection (c), based on input solicited from local governments, public health care providers, and other entities in the Delta region. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $3,000,000 for each of fiscal years 2014 through 2018. 2 Rural business and cooperative development 3601. Business programs (a) Rural business development grants (1) In general The Secretary may make grants under this subsection to eligible entities described in paragraph (2) in rural areas that primarily serve rural areas for purposes described in paragraph (3). (2) Eligible entities The Secretary may make grants under this subsection to— (A) governmental entities; (B) Indian tribes; and (C) nonprofit entities. (3) Eligible purposes for grants Eligible entities that receive grants under this subsection may use the grant funds for— (A) business opportunity projects that— (i) identify and analyze business opportunities; (ii) identify, train, and provide technical assistance to existing or prospective rural entrepreneurs and managers; (iii) assist in the establishment of new rural businesses and the maintenance of existing businesses, including through business support centers; (iv) conduct regional, community, and local economic development planning and coordination, and leadership development; and (v) establish centers for training, technology, and trade that will provide training to rural businesses in the use of interactive communications technologies to develop international trade opportunities and markets; and (B) projects that support the development of business enterprises that finance or facilitate— (i) the development of small and emerging private business enterprise; (ii) the establishment, expansion, and operation of rural distance learning networks; (iii) the development of rural learning programs that provide educational instruction or job training instruction related to potential employment or job advancement to adult students; and (iv) the provision of technical assistance and training to rural communities for the purpose of improving passenger transportation services or facilities. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. (b) Value-Added agricultural producer grants (1) Definitions In this subsection: (A) Mid-tier value chain The term mid-tier value chain (i) targets and strengthens the profitability and competitiveness of small- and medium-sized farms that are structured as family farms; and (ii) obtains agreement from an eligible agricultural producer group, farmer cooperative, or majority-controlled producer-based business venture that is engaged in the value chain on a marketing strategy. (B) Producer The term producer (C) Value-added agricultural product The term value-added agricultural product (i) that— (I) has undergone a change in physical state; (II) was produced in a manner that enhances the value of the agricultural commodity or product, as demonstrated through a business plan that shows the enhanced value, as determined by the Secretary; (III) is physically segregated in a manner that results in the enhancement of the value of the agricultural commodity or product; (IV) is a source of farm-based renewable energy, including E–85 fuel; or (V) is aggregated and marketed as a locally produced agricultural food product; and (ii) for which, as a result of the change in physical state or the manner in which the agricultural commodity or product was produced, marketed, or segregated— (I) the customer base for the agricultural commodity or product is expanded; and (II) a greater portion of the revenue derived from the marketing, processing, or physical segregation of the agricultural commodity or product is available to the producer of the commodity or product. (2) Grants (A) In general The Secretary may make grants under this subsection to— (i) independent producers of value-added agricultural products; and (ii) an agricultural producer group, farmer cooperative, or majority-controlled producer-based business venture, as determined by the Secretary. (B) Grants to a producer A grantee under subparagraph (A)(i) shall use the grant— (i) to develop a business plan or perform a feasibility study to establish a viable marketing opportunity (including through mid-tier value chains) for value-added agricultural products; or (ii) to provide capital to establish alliances or business ventures that allow the producer to better compete in domestic or international markets. (C) Grants to an agricultural producer group, cooperative or producer-based business venture A grantee under subparagraph (A)(ii) shall use the grant— (i) to develop a business plan for viable marketing opportunities in emerging markets for a value-added agricultural product; or (ii) to develop strategies that are intended to create marketing opportunities in emerging markets for the value-added agricultural product. (D) Award selection (i) Priority In awarding grants under this subsection, the Secretary shall give priority to projects— (I) that contribute to increasing opportunities for operators of small- and medium-sized farms that are structured as family farms; or (II) at least 1/4 (ii) Ranking In evaluating and ranking proposals under this subsection, the Secretary shall provide substantial weight to the priorities described in clause (i). (E) Amount of grant (i) In general The total amount provided to a grant recipient under this subsection shall not exceed $500,000. (ii) Majority-controlled, producer-based business ventures The total amount of all grants provided to majority-controlled, producer-based business ventures under this subsection for a fiscal year shall not exceed 10 percent of the amount of funds used to make all grants for the fiscal year under this subsection. (F) Term The term of a grant under this paragraph shall not exceed 3 years. (G) Simplified application The Secretary shall offer a simplified application form and process for project proposals requesting less than $50,000 under this subsection. (3) Funding (A) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $40,000,000 for each of fiscal years 2014 through 2018. (B) Reservation of funds for projects to benefit beginning farmers, socially disadvantaged farmers, and mid-tier value chains (i) In general The Secretary shall reserve 10 percent of the amounts made available for each fiscal year under this subsection to fund projects that benefit beginning farmers or socially disadvantaged farmers. (ii) Mid-tier value chains The Secretary shall reserve 10 percent of the amounts made available for each fiscal year under this subsection to fund applications of eligible entities described in paragraph (2) that propose to develop mid-tier value chains. (iii) Unobligated amounts Any amounts in the reserves for a fiscal year established under clauses (i) and (ii) that are not obligated by June 30 of the fiscal year shall be available to the Secretary to make grants under this subsection to eligible entities in any State, as determined by the Secretary. (C) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $12,500,000 for each of fiscal years 2014 through 2018, to remain available until expended. (c) Rural cooperative development grants (1) Definitions In this subsection: (A) Nonprofit institution The term nonprofit institution (B) United States The term United States (i) the several States; and (ii) the District of Columbia. (2) Grants The Secretary shall make grants under this subsection to nonprofit institutions for the purpose of enabling the nonprofit institutions to establish and operate centers for rural cooperative development. (3) Goals The goals of a center funded under this subsection shall be to facilitate the creation of jobs in rural areas through the development of new rural cooperatives, value -added processing, and rural businesses. (4) Application (A) In general Any nonprofit institution seeking a grant under paragraph (2) shall submit to the Secretary an application containing a plan for the establishment and operation by the institution of 1 or more centers for cooperative development. (B) Requirements The Secretary may approve an application if the plan contains the following: (i) A provision that substantiates that the center will effectively serve rural areas in the United States. (ii) A provision that the primary objective of the center will be to improve the economic condition of rural areas through cooperative development. (iii) A description of the activities that the center will carry out to accomplish the objective, which may include programs— (I) for applied research and feasibility studies that may be useful to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; (II) for the collection, interpretation, and dissemination of information that may be useful to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; (III) providing training and instruction for individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; (IV) providing loans and grants to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; (V) providing technical assistance, research services, and advisory services to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; and (VI) providing for the coordination of services and sharing of information by the center. (iv) A description of the contributions that the activities are likely to make to the improvement of the economic conditions of the rural areas for which the center will provide services. (v) Provisions that the center, in carrying out the activities, will seek, if appropriate, the advice, participation, expertise, and assistance of representatives of business, industry, educational institutions, the Federal Government, and State and local governments. (vi) Provisions that the center will take all practicable steps to develop continuing sources of financial support for the center, particularly from sources in the private sector. (vii) Provisions for— (I) monitoring and evaluating the activities by the nonprofit institution operating the center; and (II) accounting for funds received by the institution under this section. (5) Awarding grants (A) In general Grants made under paragraph (2) shall be made on a competitive basis. (B) Preference In making grants under paragraph (2), the Secretary shall give preference to grant applications providing for the establishment of centers for rural cooperative development that— (i) demonstrate a proven track record in carrying out activities to promote and assist the development of cooperatively and mutually owned businesses; (ii) demonstrate previous expertise in providing technical assistance in rural areas to promote and assist the development of cooperatively and mutually owned businesses; (iii) demonstrate the ability to assist in the retention of businesses, facilitate the establishment of cooperatives and new cooperative approaches, and generate employment opportunities that will improve the economic conditions of rural areas; (iv) commit to providing technical assistance and other services to underserved and economically distressed areas in rural areas of the United States; (v) demonstrate a commitment to— (I) networking with and sharing the results of the efforts of the center with other cooperative development centers and other organizations involved in rural economic development efforts; and (II) developing multiorganization and multistate approaches to addressing the economic development and cooperative needs of rural areas; and (vi) commit to providing a 25 percent matching contribution with private funds and in-kind contributions, except that the Secretary shall not require non-Federal financial support in an amount that is greater than 5 percent in the case of a 1994 institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 (6) Grant period (A) In general A grant awarded to a center that has received no prior funding under this subsection shall be made for a period of 1 year. (B) Multiyear grants If the Secretary determines it to be in the best interest of the program, the Secretary shall award grants for a period of more than 1 year, but not more than 3 years, to a center that has successfully met the requirements of paragraph (5)(B), as determined by the Secretary. (7) Authority to extend grant period The Secretary may extend for 1 additional 12-month period the period during which a grantee may use a grant made under this subsection. (8) Technical assistance to prevent excessive unemployment or underemployment (A) In general In carrying out this subsection, the Secretary may provide technical assistance to alleviate or prevent conditions of excessive unemployment, underemployment, outmigration, or low employment growth in economically distressed rural areas that the Secretary determines have a substantial need for the assistance. (B) Inclusions The assistance may include planning and feasibility studies, management and operational assistance, and studies evaluating the need for the development potential of projects that increase employment and improve economic growth in the areas. (9) Grants to defray administrative costs (A) In general The Secretary may make grants to defray not to exceed 75 percent of the costs incurred by organizations and public bodies to carry out projects for which grants or loans are made under this subsection. (B) Cost-sharing For purposes of determining the non-Federal share of the costs, the Secretary shall include contributions in cash and in kind, fairly evaluated, including premises, equipment, and services. (10) Cooperative research program The Secretary shall offer to enter into a cooperative research agreement with 1 or more qualified academic institutions in each fiscal year to conduct research on the effects of all types of cooperatives on the national economy. (11) Addressing needs of minority communities (A) In general If the total amount appropriated under paragraph (13) for a fiscal year exceeds $7,500,000, the Secretary shall reserve an amount equal to 20 percent of the total amount appropriated for grants for cooperative development centers, individual cooperatives, or groups of cooperatives— (i) that serve socially disadvantaged groups; and (ii) a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups. (B) Insufficient applications To the extent there are insufficient applications to carry out subparagraph (A), the Secretary shall use the funds as otherwise authorized by this subsection. (12) Interagency working group Not later than 90 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (13) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2014 through 2018. (d) Appropriate technology transfer for rural areas program (1) Definition of national nonprofit agricultural assistance institution In this subsection, the term national nonprofit agricultural assistance institution (A) is described in section 501(c)(3) (B) has staff and offices in multiple regions of the United States; (C) has experience and expertise in operating national agricultural technical assistance programs; (D) expands markets for the agricultural commodities produced by producers through the use of practices that enhance the environment, natural resource base, and quality of life; and (E) improves the economic viability of agricultural operations. (2) Establishment The Secretary shall establish a national appropriate technology transfer for rural areas program to assist agricultural producers that are seeking information— (A) to reduce input costs; (B) to conserve energy resources; (C) to diversify operations through new energy crops and energy generation facilities; and (D) to expand markets for agricultural commodities produced by the producers by using practices that enhance the environment, natural resource base, and quality of life. (3) Implementation (A) In general The Secretary shall carry out the program under this subsection by making a grant to, or offering to enter into a cooperative agreement with, a national nonprofit agricultural assistance institution. (B) Grant amount A grant made, or cooperative agreement entered into, under subparagraph (A) shall provide 100 percent of the cost of providing information described in paragraph (2). (4) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2014 through 2018. (e) Business and industry direct and guaranteed loans (1) Definition of business and industry loan In this section, the term business and industry loan (2) Loan purposes The Secretary may make business and industry loans to public, private, or cooperative organizations organized for profit or nonprofit, private investment funds that invest primarily in cooperative organizations, or to individuals— (A) to improve, develop, or finance business, industry, and employment and improve the economic and environmental climate in rural communities, including pollution abatement and control; (B) to conserve, develop, and use water for aquaculture purposes in rural areas; and (C) to reduce the reliance on nonrenewable energy resources by encouraging the development and construction of renewable energy systems (including solar energy systems, wind energy systems, and anaerobic digestors for the purpose of energy generation), including the modification of existing systems, in rural areas. (3) Loan guarantees for certain loans The Secretary may guarantee loans made under this subsection to finance the issuance of bonds for the projects described in paragraph (2). (4) Maximum amount of principal (A) In general Except as otherwise provided in this paragraph, no loan may be made or guaranteed under this subsection that exceeds $25,000,000 in principal amount. (B) Limitations on loan guarantees for cooperative organizations (i) Principal amount Subject to clause (ii), the principal amount of a business and industry loan made to a cooperative organization and guaranteed under this subsection shall not exceed $40,000,000. (ii) Use To be eligible for a guarantee under this subsection for a business and industry loan made to a cooperative organization, the principal amount of the loan in excess of $25,000,000 shall be used to carry out a project that is in a rural area and— (I) provides for the value-added processing of agricultural commodities; or (II) significantly benefits 1 or more entities eligible for assistance for the purposes described in paragraph (2), as determined by the Secretary. (iii) Applications If a cooperative organization submits an application for a guarantee under this paragraph, the Secretary shall make the determination whether to approve the application, and the Secretary may not delegate this authority. (iv) Maximum amount The total amount of business and industry loans made to cooperative organizations and guaranteed for a fiscal year under this subsection with principal amounts that are in excess of $25,000,000 may not exceed 10 percent of the total amount of business and industry loans guaranteed for the fiscal year under this subsection. (5) Fees The Secretary may assess a 1-time fee and an annual renewal fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan. (6) Intangible assets In determining whether a cooperative organization is eligible for a guaranteed business and industry loan, the Secretary may consider the market value of a properly appraised brand name, patent, or trademark of the cooperative. (7) Loan appraisals The Secretary may require that any appraisal made in connection with a business and industry loan be conducted by a specialized appraiser that uses standards that are comparable to standards used for similar purposes in the private sector, as determined by the Secretary. (8) Loan guarantees for the purchase of cooperative stock (A) In general The Secretary may guarantee a business and industry loan to individual farmers to purchase capital stock of a farmer cooperative established for the purpose of processing an agricultural commodity. (B) Processing contracts during initial period A cooperative described in subparagraph (A) for which a farmer receives a guarantee to purchase stock under that subparagraph may contract for services to process agricultural commodities or otherwise process value added for the period beginning on the date of the startup of the cooperative in order to provide adequate time for the planning and construction of the processing facility of the cooperative. (C) Financial information Financial information required by the Secretary from a farmer as a condition of making a business and industry loan guarantee under this paragraph shall be provided in the manner generally required by commercial agricultural lenders in the applicable area. (9) Loans to cooperatives (A) Eligibility (i) In general The Secretary may make or guarantee a business and industry loan to a cooperative organization that is headquartered in a metropolitan area if the loan is— (I) used for a project or venture described in paragraph (2) that is located in a rural area; or (II) a loan guarantee that meets the requirements of paragraph (10). (ii) Equity The Secretary may guarantee a loan made for the purchase of preferred stock or similar equity issued by a cooperative organization or a fund that invests primarily in cooperative organizations, if the guarantee significantly benefits 1 or more entities eligible for assistance for the purposes described in paragraph (2)(A), as determined by the Secretary. (B) Refinancing A cooperative organization that is eligible for a business and industry loan shall be eligible to refinance an existing business and industry loan with a lender if— (i) the cooperative organization— (I) is current and performing with respect to the existing loan; and (II) (aa) is not, and has not been, in payment default, with respect to the existing loan; or (bb) has not converted any of the collateral with respect to the existing loan; and (ii) there is adequate security or full collateral for the refinanced loan. (10) Loan guarantees in nonrural areas The Secretary may guarantee a business and industry loan to a cooperative organization for a facility that is not located in a rural area if— (A) the primary purpose of the loan guarantee is for a facility to provide value-added processing for agricultural producers that are located within 80 miles of the facility; (B) the applicant demonstrates to the Secretary that the primary benefit of the loan guarantee will be to provide employment for residents of a rural area; and (C) the total amount of business and industry loans guaranteed for a fiscal year under this paragraph does not exceed 10 percent of the business and industry loans guaranteed for the fiscal year under this subsection. (11) Locally or regionally produced agricultural food products (A) Definitions In this paragraph: (i) Locally or regionally produced agricultural food product The term locally or regionally produced agricultural food product (I) the locality or region in which the final product is marketed, so that the total distance that the product is transported is less than 400 miles from the origin of the product; or (II) the State in which the product is produced. (ii) Underserved community The term underserved community (I) limited access to affordable, healthy foods, including fresh fruits and vegetables, in grocery retail stores or farmer-to-consumer direct markets; and (II) a high rate of hunger or food insecurity or a high poverty rate. (B) Loan and loan guarantee program (i) In general The Secretary shall make or guarantee loans to individuals, cooperatives, cooperative organizations, businesses, and other entities to establish and facilitate enterprises that process, distribute, aggregate, store, and market locally or regionally produced agricultural food products to support community development and farm income. (ii) Requirement The recipient of a loan or loan guarantee under this paragraph shall include in an appropriate agreement with retail and institutional facilities to which the recipient sells locally or regionally produced agricultural food products a requirement to inform consumers of the retail or institutional facilities that the consumers are purchasing or consuming locally or regionally produced agricultural food products. (iii) Priority In making or guaranteeing a loan under this paragraph, the Secretary shall give priority to projects that have components benefitting underserved communities. (iv) Reports Not later than 2 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (I) summary information about all projects; (II) the characteristics of the communities served; and (III) resulting benefits. (v) Reservation of funds For each of fiscal years 2014 through 2018, the Secretary shall reserve not less than 5 percent of the total amount of funds made available to carry out this subsection to carry out this paragraph until April 1 of the fiscal year. (vi) Outreach The Secretary shall develop and implement an outreach plan to publicize the availability of loans and loan guarantees under this paragraph, working closely with rural cooperative development centers, credit unions, community development financial institutions, regional economic development authorities, and other financial and economic development entities. (12) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $75,000,000 for each of fiscal years 2014 through 2018. (f) Relending programs (1) Intermediate relending program (A) In general The Secretary may make or guarantee loans to eligible entities described in subparagraph (B) so that the eligible entities may relend the funds to individuals and entities for the purposes described in subparagraph (C). (B) Eligible entities Entities eligible for loans and loan guarantees described in subparagraph (A) are— (i) public agencies; (ii) Indian tribes; (iii) cooperatives; and (iv) nonprofit corporations. (C) Eligible purposes The proceeds from loans made or guaranteed by the Secretary pursuant to subparagraph (A) may be relent by eligible entities for projects that— (i) predominately serve communities in rural areas; and (ii) as determined by the Secretary— (I) promote community development; (II) establish new businesses; (III) establish and support microlending programs; and (IV) create or retain employment opportunities. (D) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2014 through 2018. (2) Rural microentrepreneur assistance program (A) Definitions In this paragraph: (i) Microentrepreneur The term microentrepreneur (ii) Microenterprise development organization The term microenterprise development organization (I) a nonprofit entity; (II) an Indian tribe, the tribal government of which certifies to the Secretary that— (aa) no microenterprise development organization serves the Indian tribe; and (bb) no rural microentrepreneur assistance program exists under the jurisdiction of the Indian tribe; (III) a public institution of higher education; or (IV) a collaboration of rural nonprofit entities serving a region or State, if 1 lead nonprofit entity is the sole underwriter of all loans and is responsible for associated risks. (iii) Microloan The term microloan (iv) Program The term program (v) Rural microenterprise The term rural microenterprise (vi) Training The term training (vii) Technical assistance The term technical assistance (B) Rural microentrepreneur assistance program (i) Establishment The Secretary shall establish a rural microentrepreneur assistance program to provide loans and grants to support microentrepreneurs in the development and ongoing success of rural microenterprises. (ii) Purpose The purpose of the program is to provide microentrepreneurs with— (I) the skills necessary to establish new rural microenterprises; and (II) continuing technical and financial assistance related to the successful operation of rural microenterprises. (iii) Loans (I) In general The Secretary shall make loans to microenterprise development organizations for the purpose of providing fixed-interest rate microloans to microentrepreneurs for startup and growing rural microenterprises. (II) Loan terms A loan made by the Secretary to a microenterprise development organization under this subparagraph shall— (aa) be for a term not to exceed 20 years; and (bb) bear an annual interest rate of at least 1 percent. (III) Loan loss reserve fund The Secretary shall require each microenterprise development organization that receives a loan under this subparagraph to— (aa) establish a loan loss reserve fund; and (bb) maintain the reserve fund in an amount equal to at least 5 percent of the outstanding balance of such loans owed by the microenterprise development organization, until all obligations owed to the Secretary under this subparagraph are repaid. (IV) Deferral of interest and principal The Secretary may permit the deferral of payments on principal and interest due on a loan to a microenterprise development organization made under this paragraph for a 2-year period beginning on the date on which the loan is made. (iv) Grants to support rural microenterprise development (I) In general The Secretary shall make grants to microenterprise development organizations— (aa) to provide training and technical assistance, and other related services to rural microentrepreneurs; and (bb) to carry out such other projects and activities as the Secretary determines appropriate to further the purposes of the program. (II) Selection In making grants under subclause (I), the Secretary shall— (aa) place an emphasis on microenterprise development organizations that serve microentrepreneurs that are located in rural areas that have suffered significant outward migration, as determined by the Secretary; and (bb) ensure, to the maximum extent practicable, that grant recipients include microenterprise development organizations of varying sizes and that serve racially and ethnically diverse populations. (v) Grants to assist microentrepreneurs (I) In general The Secretary shall make annual grants to microenterprise development organizations to provide technical assistance to microentrepreneurs that— (aa) received a loan from the microenterprise development organization under subparagraph (B)(iii); or (bb) are seeking a loan from the microenterprise development organization under subparagraph (B)(iii). (II) Maximum amount of technical assistance grant The maximum amount of a grant under this clause shall be in an amount equal to not more than 25 percent of the total outstanding balance of microloans made by the microenterprise development organization under clause (iii), as of the date the grant is awarded. (vi) Administrative expenses Not more than 10 percent of a grant received by a microenterprise development organization for a fiscal year under this subparagraph may be used to pay administrative expenses. (C) Administration (i) Matching requirement As a condition of any grant made under clauses (iv) and (v) of subparagraph (B), the Secretary shall require the microenterprise development organization to match not less than 15 percent of the total amount of the grant in the form of matching funds (including community development block grants), indirect costs, or in-kind goods or services. (ii) Oversight At a minimum, not later than December 1 of each fiscal year, a microenterprise development organization that receives a loan or grant under this section shall provide to the Secretary such information as the Secretary may require to ensure that assistance provided under this section is used for the purposes for which the loan or grant was made. (D) Authorization of appropriations There is authorized to be appropriated to carry out this paragraph $40,000,000 for each of fiscal years 2014 through 2018. (E) Mandatory funding for fiscal years 2014 through 2018 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this paragraph $3,750,000 for each of fiscal years 2014 through 2018, to remain available until expended. 3602. Rural Business Investment Program (a) Definitions In this section: (1) Articles The term articles (2) Developmental venture capital The term developmental venture capital (3) Employee welfare benefit plan; pension plan (A) In general The terms employee welfare benefit plan pension plan 29 U.S.C. 1002 (B) Inclusions The terms employee welfare benefit plan pension plan (i) public and private pension or retirement plans subject to this subtitle; and (ii) similar plans not covered by this subtitle that have been established, and that are maintained, by the Federal Government or any State (including by a political subdivision, agency, or instrumentality of the Federal Government or a State) for the benefit of employees. (4) Equity capital The term equity capital (5) Leverage The term leverage (A) debentures purchased or guaranteed by the Secretary; (B) participating securities purchased or guaranteed by the Secretary; and (C) preferred securities outstanding as of the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (6) License The term license (7) Limited liability company The term limited liability company (8) Member The term member (9) Operational assistance The term operational assistance (10) Participation agreement The term participation agreement (11) Private capital (A) In general The term private capital (i) (I) the paid-in capital and paid-in surplus of a corporate rural business investment company; (II) the contributed capital of the partners of a partnership rural business investment company; or (III) the equity investment of the members of a limited liability company rural business investment company; and (ii) unfunded binding commitments from investors that meet criteria established by the Secretary to contribute capital to the rural business investment company, except that— (I) unfunded commitments may be counted as private capital for purposes of approval by the Secretary of any request for leverage; but (II) leverage shall not be funded based on the commitments. (B) Exclusions The term private capital (i) any funds borrowed by a rural business investment company from any source; (ii) any funds obtained through the issuance of leverage; or (iii) any funds obtained directly or indirectly from the Federal Government or any State (including by a political subdivision, agency, or instrumentality of the Federal Government or a State), except for— (I) funds obtained from the business revenues (excluding any governmental appropriation) of any Federally chartered or government-sponsored enterprise established prior to the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (II) funds invested by an employee welfare benefit plan or pension plan; and (III) any qualified nonprivate funds (if the investors of the qualified nonprivate funds do not control, directly or indirectly, the management, board of directors, general partners, or members of the rural business investment company). (12) Qualified nonprivate funds The term qualified nonprivate funds (A) funds directly or indirectly invested in any applicant or rural business investment company on or before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 private capital (B) funds invested in any applicant or rural business investment company by 1 or more entities of any State (including by a political subdivision, agency, or instrumentality of the State and including any guarantee extended by those entities) in an aggregate amount that does not exceed 33 percent of the private capital of the applicant or rural business investment company. (13) Rural business concern The term rural business concern (A) a public, private, or cooperative for-profit or nonprofit organization; (B) a for-profit or nonprofit business controlled by an Indian tribe; or (C) any other person or entity that primarily operates in a rural area, as determined by the Secretary. (14) Rural business investment company The term rural business investment company (A) has been granted final approval by the Secretary under subsection (d)(5); and (B) has entered into a participation agreement with the Secretary. (15) Smaller enterprise (A) In general The term smaller enterprise (i) has— (I) a net financial worth of not more than $6,000,000, as of the date on which assistance is provided under this section to the rural business concern; and (II) except as provided in subparagraph (B), an average net income for the 2-year period preceding the date on which assistance is provided under this section to the rural business concern, of not more than $2,000,000, after Federal income taxes (excluding any carryover losses); or (ii) satisfies the standard industrial classification size standards established by the Administrator of the Small Business Administration for the industry in which the rural business concern is primarily engaged. (B) Exception For purposes of subparagraph (A)(i)(II), if the rural business concern is not required by law to pay Federal income taxes at the enterprise level, but is required to pass income through to the shareholders, partners, beneficiaries, or other equitable owners of the business concern, the net income of the business concern shall be determined by allowing a deduction in an amount equal to the total of— (i) if the rural business concern is not required by law to pay State (and local, if any) income taxes at the enterprise level, the product obtained by multiplying— (I) the net income (determined without regard to this subparagraph); by (II) the marginal State income tax rate (or by the combined State and local income tax rates, as applicable) that would have applied if the business concern were a corporation; and (ii) the product obtained by multiplying— (I) the net income (so determined) less any deduction for State (and local) income taxes calculated under clause (i); by (II) the marginal Federal income tax rate that would have applied if the rural business concern were a corporation. (b) Purposes The purposes of the Rural Business Investment Program established under this section are— (1) to promote economic development and the creation of wealth and job opportunities in rural areas and among individuals living in those areas by encouraging developmental venture capital investments in smaller enterprises primarily located in rural areas; and (2) to establish a developmental venture capital program, with the mission of addressing the unmet equity investment needs of small enterprises located in rural areas, by authorizing the Secretary— (A) to enter into participation agreements with rural business investment companies; (B) to guarantee debentures of rural business investment companies to enable each rural business investment company to make developmental venture capital investments in smaller enterprises in rural areas; and (C) to make grants to rural business investment companies, and to other entities, for the purpose of providing operational assistance to smaller enterprises financed, or expected to be financed, by rural business investment companies. (c) Establishment In accordance with this subtitle, the Secretary shall establish a Rural Business Investment Program, under which the Secretary may— (1) enter into participation agreements with companies granted final approval under subsection (d)(5) for the purposes described in subsection (b); (2) guarantee the debentures issued by rural business investment companies as provided in subsection (e); and (3) make grants to rural business investment companies, and to other entities, under subsection (h). (d) Selection of rural business investment companies (1) Eligibility A company shall be eligible to apply to participate, as a rural business investment company, in the program established under this section if— (A) the company is a newly formed for-profit entity or a newly formed for-profit subsidiary of such an entity; (B) the company has a management team with experience in community development financing or relevant venture capital financing; and (C) the company will invest in enterprises that will create wealth and job opportunities in rural areas, with an emphasis on smaller enterprises. (2) Application To participate, as a rural business investment company, in the program established under this section, a company meeting the eligibility requirements of paragraph (1) shall submit an application to the Secretary that includes— (A) a business plan describing how the company intends to make successful developmental venture capital investments in identified rural areas; (B) information regarding the community development finance or relevant venture capital qualifications and general reputation of the management of the company; (C) a description of how the company intends to work with community-based organizations and local entities (including local economic development companies, local lenders, and local investors) and to seek to address the unmet equity capital needs of the communities served; (D) a proposal describing how the company intends to use the grant funds provided under this section to provide operational assistance to smaller enterprises financed by the company, including information regarding whether the company intends to use licensed professionals, as necessary, on the staff of the company or from an outside entity; (E) with respect to binding commitments to be made to the company under this section, an estimate of the ratio of cash to in-kind contributions; (F) a description of the criteria to be used to evaluate whether and to what extent the company meets the purposes of the program established under this section; (G) information regarding the management and financial strength of any parent firm, affiliated firm, or any other firm essential to the success of the business plan of the company; and (H) such other information as the Secretary may require. (3) Status Not later than 90 days after the initial receipt by the Secretary of an application under this subsection, the Secretary shall provide to the applicant a written report describing the status of the application and any requirements remaining for completion of the application. (4) Matters considered In reviewing and processing any application under this subsection, the Secretary shall— (A) determine whether— (i) the applicant meets the requirements of paragraph (5); and (ii) the management of the applicant is qualified and has the knowledge, experience, and capability necessary to comply with this section; (B) take into consideration— (i) the need for and availability of financing for rural business concerns in the geographic area in which the applicant is to commence business; (ii) the general business reputation of the owners and management of the applicant; and (iii) the probability of successful operations of the applicant, including adequate profitability and financial soundness; and (C) not take into consideration any projected shortage or unavailability of grant funds or leverage. (5) Approval; license (A) In general Except as provided in subparagraph (B), the Secretary may approve an applicant to operate as a rural business investment company under this subtitle and license the applicant as a rural business investment company, if— (i) the Secretary determines that the application satisfies the requirements of paragraph (2); (ii) the area in which the rural business investment company is to conduct its operations, and establishment of branch offices or agencies (if authorized by the articles), are approved by the Secretary; and (iii) the applicant enters into a participation agreement with the Secretary. (B) Capital requirements (i) In general Notwithstanding any other provision of this section, the Secretary may approve an applicant to operate as a rural business investment company under this section and designate the applicant as a rural business investment company, if the Secretary determines that the applicant— (I) has private capital as determined by the Secretary; (II) would otherwise be approved under this section, except that the applicant does not satisfy the requirements of subsection (i)(3); and (III) has a viable business plan that— (aa) reasonably projects profitable operations; and (bb) has a reasonable timetable for achieving a level of private capital that satisfies the requirements of subsection (i)(3). (ii) Leverage An applicant approved under clause (i) shall not be eligible to receive leverage under this section until the applicant satisfies the requirements of section 3602(i)(3). (iii) Grants An applicant approved under clause (i) shall be eligible for grants under subsection (h) in proportion to the private capital of the applicant, as determined by the Secretary. (e) Debentures (1) In general The Secretary may guarantee the timely payment of principal and interest, as scheduled, on debentures issued by any rural business investment company. (2) Terms and conditions The Secretary may make guarantees under this subsection on such terms and conditions as the Secretary considers appropriate, except that the term of any debenture guaranteed under this section shall not exceed 15 years. (3) Full faith and credit of the United States Section 3901 shall apply to any guarantee under this subsection. (4) Maximum guarantee Under this subsection, the Secretary may— (A) guarantee the debentures issued by a rural business investment company only to the extent that the total face amount of outstanding guaranteed debentures of the rural business investment company does not exceed the lesser of— (i) 300 percent of the private capital of the rural business investment company; or (ii) $105,000,000; and (B) provide for the use of discounted debentures. (f) Issuance and guarantee of trust certificates (1) Issuance The Secretary may issue trust certificates representing ownership of all or a fractional part of debentures issued by a rural business investment company and guaranteed by the Secretary under this section, if the certificates are based on and backed by a trust or pool approved by the Secretary and composed solely of guaranteed debentures. (2) Guarantee (A) In general The Secretary may, under such terms and conditions as the Secretary considers appropriate, guarantee the timely payment of the principal of and interest on trust certificates issued by the Secretary or agents of the Secretary for purposes of this subsection. (B) Limitation Each guarantee under this paragraph shall be limited to the extent of principal and interest on the guaranteed debentures that compose the trust or pool. (C) Prepayment or default (i) In general (I) Authority to prepay A debenture may be prepaid at any time without penalty. (II) Reduction of guarantee Subject to subclause (I), if a debenture in a trust or pool is prepaid, or in the event of default of such a debenture, the guarantee of timely payment of principal and interest on the trust certificates shall be reduced in proportion to the amount of principal and interest the prepaid debenture represents in the trust or pool. (ii) Interest Interest on prepaid or defaulted debentures shall accrue and be guaranteed by the Secretary only through the date of payment of the guarantee. (iii) Redemption At any time during the term of a trust certificate, the trust certificate may be called for redemption due to prepayment or default of all debentures. (3) Full faith and credit of the United States Section 3901 shall apply to any guarantee of a trust certificate issued by the Secretary under this section. (4) Subrogation and ownership rights (A) Subrogation If the Secretary pays a claim under a guarantee issued under this section, the claim shall be subrogated fully to the rights satisfied by the payment. (B) Ownership rights No Federal, State, or local law shall preclude or limit the exercise by the Secretary of the ownership rights of the Secretary in a debenture residing in a trust or pool against which 1 or more trust certificates are issued under this subsection. (5) Management and administration (A) Registration The Secretary shall provide for a central registration of all trust certificates issued under this subsection. (B) Creation of pools The Secretary may— (i) maintain such commercial bank accounts or investments in obligations of the United States as may be necessary to facilitate the creation of trusts or pools backed by debentures guaranteed under this subtitle; and (ii) issue trust certificates to facilitate the creation of those trusts or pools. (C) Fidelity bond or insurance requirement Any agent performing functions on behalf of the Secretary under this paragraph shall provide a fidelity bond or insurance in such amount as the Secretary considers to be necessary to fully protect the interests of the United States. (D) Regulation of brokers and dealers The Secretary may regulate brokers and dealers in trust certificates issued under this subsection. (E) Electronic registration Nothing in this paragraph prohibits the use of a book-entry or other electronic form of registration for trust certificates issued under this subsection. (g) Fees (1) In general The Secretary may charge a fee that does not exceed $500 with respect to any guarantee or grant issued under this section. (2) Trust certificate Notwithstanding paragraph (1), the Secretary shall not collect a fee for any guarantee of a trust certificate under subsection (f), except that any agent of the Secretary may collect a fee that does not exceed $500 for the functions described in subsection (f)(5)(B). (3) License (A) In general Except as provided in subparagraph (C), the Secretary may prescribe fees to be paid by each applicant for a license to operate as a rural business investment company under this section. (B) Use of amounts Fees collected under this paragraph— (i) shall be deposited in the account for salaries and expenses of the Secretary; (ii) are authorized to be appropriated solely to cover the costs of licensing examinations; and (iii) shall— (I) in the case of a license issued before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (II) in the case of a license issued after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (C) Prohibition on collection of certain fees In the case of a license described in subparagraph (A) that was approved before July 1, 2007, the Secretary shall not collect any fees due on or after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (h) Operational assistance grants (1) In general In accordance with this subsection, the Secretary may make grants to rural business investment companies and to other entities, as authorized by this section, to provide operational assistance to smaller enterprises financed, or expected to be financed, by the entities. (2) Terms Grants made under this subsection shall be made over a multiyear period (not to exceed 10 years) under such terms as the Secretary may require. (3) Use of funds The proceeds of a grant made under this subsection may be used by the rural business investment company receiving the grant only to provide operational assistance in connection with an equity or prospective equity investment in a business located in a rural area. (4) Submission of plans A rural business investment company shall be eligible for a grant under this subsection only if the rural business investment company submits to the Secretary, in such form and manner as the Secretary may require, a plan for use of the grant. (5) Grant amount (A) Rural business investment companies The amount of a grant made under this subsection to a rural business investment company shall be equal to the lesser of— (i) 10 percent of the private capital raised by the rural business investment company; or (ii) $1,000,000. (6) Other entities The amount of a grant made under this subsection to any entity other than a rural business investment company shall be equal to the resources (in cash or in kind) raised by the entity in accordance with the requirements applicable to rural business investment companies under this section. (i) Rural business investment companies (1) Organization For purposes of this subsection, a rural business investment company shall— (A) be an incorporated body, a limited liability company, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of performing the functions and conducting the activities authorized by this section; and (B) (i) if incorporated, have succession for a period of not less than 30 years unless earlier dissolved by the shareholders of the rural business investment company; and (ii) if a limited partnership or a limited liability company, have succession for a period of not less than 10 years; and (iii) possess the powers reasonably necessary to perform the functions and conduct the activities. (2) Articles The articles of any rural business investment company— (A) shall specify in general terms— (i) the purposes for which the rural business investment company is formed; (ii) the name of the rural business investment company; (iii) the 1 or more areas in which the operations of the rural business investment company are to be carried out; (iv) the place where the principal office of the rural business investment company is to be located; and (v) the amount and classes of the shares of capital stock of the rural business investment company; (B) may contain any other provisions consistent with this section that the rural business investment company may determine appropriate to adopt for the regulation of the business of the rural business investment company and the conduct of the affairs of the rural business investment company; and (C) shall be subject to the approval of the Secretary. (3) Capital requirements (A) In general Each rural business investment company shall be required to meet the capital requirements as provided by the Secretary. (B) Time frame Each rural business investment company shall have a period of 2 years to meet the capital requirements of this paragraph. (C) Adequacy In addition to the requirements of subparagraph (A), the Secretary shall— (i) determine whether the private capital of each rural business investment company is adequate to ensure a reasonable prospect that the rural business investment company will be operated soundly and profitably, and managed actively and prudently in accordance with the articles of the rural business investment company; (ii) determine that the rural business investment company will be able to comply with the requirements of this section; (iii) require that at least 75 percent of the capital of each rural business investment company is invested in rural business concerns; (iv) ensure that the rural business investment company is designed primarily to meet equity capital needs of the businesses in which the rural business investment company invests and not to compete with traditional small business financing by commercial lenders; and (v) require that the rural business investment company makes short-term non-equity investments of less than 5 years only to the extent necessary to preserve an existing investment. (4) Diversification of ownership The Secretary shall ensure that the management of each rural business investment company licensed after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (j) Financial institution investments (1) In general Except as otherwise provided in this subsection and notwithstanding any other provision of law, the following banks, associations, and institutions are eligible both to establish and invest in any rural business investment company or in any entity established to invest solely in rural business investment companies: (A) Any bank or savings association the deposits of which are insured under the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. (B) Any Farm Credit System institution described in subsection 1.2(a) of the Farm Credit Act of 1971 ( 12 U.S.C. 2002(a) (2) Limitation No bank, association, or institution described in paragraph (1) may make investments described in paragraph (1) that are greater than 5 percent of the capital and surplus of the bank, association, or institution. (3) Limitation on rural business investment companies controlled by farm credit system institutions If a Farm Credit System institution described in section 1.2(a) of the Farm Credit Act of 1971 ( 12 U.S.C. 2002(a) (k) Examinations (1) In general Each rural business investment company that participates in the program established under this section shall be subject to examinations made at the direction of the Secretary in accordance with this subsection. (2) Assistance of private sector entities An examination under this subsection may be conducted with the assistance of a private sector entity that has the qualifications and the expertise necessary to conduct such an examination. (3) Costs (A) In general The Secretary may assess the cost of an examination under this section, including compensation of the examiners, against the rural business investment company examined. (B) Payment Any rural business investment company against which the Secretary assesses costs under this subparagraph shall pay the costs. (4) Deposit of funds Funds collected under this subsection shall— (A) be deposited in the account that incurred the costs for carrying out this subsection; (B) be made available to the Secretary to carry out this subsection, without further appropriation; and (C) remain available until expended. (l) Reporting requirements (1) Rural business investment companies Each entity that participates in a program established under this section shall provide to the Secretary such information as the Secretary may require, including— (A) information relating to the measurement criteria that the entity proposed in the program application of the rural business investment company; and (B) in each case in which the entity under this section makes an investment in, or a loan or grant to, a business that is not located in a rural area, a report on the number and percentage of employees of the business who reside in those areas. (2) Public reports (A) In general The Secretary shall prepare and make available to the public an annual report on the programs established under this section, including detailed information on— (i) the number of rural business investment companies licensed by the Secretary during the previous fiscal year; (ii) the aggregate amount of leverage that rural business investment companies have received from the Federal Government during the previous fiscal year; (iii) the aggregate number of each type of leveraged instruments used by rural business investment companies during the previous fiscal year and how each number compares to previous fiscal years; (iv) the number of rural business investment company licenses surrendered and the number of rural business investment companies placed in liquidation during the previous fiscal year, identifying the amount of leverage each rural business investment company has received from the Federal Government and the type of leverage instruments each rural business investment company has used; (v) the amount of losses sustained by the Federal Government as a result of operations under this section during the previous fiscal year and an estimate of the total losses that the Federal Government can reasonably expect to incur as a result of the operations during the current fiscal year; (vi) actions taken by the Secretary to maximize recoupment of funds of the Federal Government expended to implement and administer the Rural Business Investment Program under this section during the previous fiscal year and to ensure compliance with the requirements of this section (including regulations); (vii) the amount of Federal Government leverage that each licensee received in the previous fiscal year and the types of leverage instruments each licensee used; (viii) for each type of financing instrument, the sizes, types of geographic locations, and other characteristics of the small business investment companies using the instrument during the previous fiscal year, including the extent to which the investment companies have used the leverage from each instrument to make loans or equity investments in rural areas; and (ix) the actions of the Secretary to carry out this section (B) Prohibition In compiling the report required under subparagraph (A), the Secretary may not— (i) compile the report in a manner that permits identification of any particular type of investment by an individual rural business investment company or small business concern in which a rural business investment company invests; or (ii) release any information that is prohibited under section 1905 (m) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for the period of fiscal years 2008 through 2018. . 3 General rural development provisions 3701. General provisions for loans and grants (a) Period for repayment Unless otherwise specifically provided for in this subtitle, the period for repayment of a loan under this subtitle shall not exceed 40 years. (b) Interest rates (1) In general Except as otherwise provided in this title, the interest rate on a loan under this subtitle shall be determined by the Secretary at a rate— (A) not to exceed a sum obtained by adding— (i) the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of the loan; and (ii) an amount not to exceed 1 percent, as determined by the Secretary; and (B) adjusted to the nearest 1/8 (2) Water and waste facility loans and community facilities loans (A) In general Notwithstanding any provision of State law limiting the rate or amount of interest that may be charged, taken, received, or reserved, except as provided in subparagraph (C) and paragraph (5), the interest rate on a loan (other than a guaranteed loan) to a public body or nonprofit association (including an Indian tribe) for a water or waste disposal facility or essential community facility shall be determined by the Secretary at a rate not to exceed— (i) the current market yield on outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for the loan, and adjusted to the nearest 1/8 (ii) 5 percent per year for a loan that is for the upgrading of a facility or construction of a new facility as required to meet applicable health or sanitary standards in— (I) an area in which the median family income of the persons to be served by the facility is below the poverty line (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 (II) any areas the Secretary may designate in which a significant percentage of the persons to be served by the facilities are low income persons, as determined by the Secretary; and (iii) 7 percent per year for a loan for a facility that does not qualify for the 5 percent per year interest rate prescribed in clause (ii) but that is located in an area in a State in which the median household income of the persons to be served by the facility does not exceed 100 percent of the statewide nonmetropolitan median household income for the State. (B) Health care and related facilities Notwithstanding subparagraph (A), the Secretary shall establish a rate for a loan for a health care or related facility that is— (i) based solely on the income of the area to be served; and (ii) otherwise consistent with subparagraph (A). (C) Interest rates for water and waste disposal facilities loans (i) In general Except as provided in clause (ii) and notwithstanding subparagraph (A), in the case of a direct loan for a water or waste disposal facility— (I) in the case of a loan that would be subject to the 5 percent interest rate limitation under subparagraph (A), the Secretary shall establish the interest rate at a rate that is equal to 60 percent of the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity of the loan, adjusted to the nearest 1/8 (II) in the case of a loan that would be subject to the 7 percent limitation under subparagraph (A), the Secretary shall establish the interest rate at a rate that is equal to 80 percent of the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity of the loan, adjusted to the nearest 1/8 (ii) Exception Clause (i) does not apply to a loan for a specific project that is the subject of a loan that has been approved, but not closed, as of the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (3) Interest rates on business and other loans (A) In general Except as provided in paragraph (4), the interest rates on loans under sections 3501(a)(1) (other than guaranteed loans and loans as described in paragraph (2)(A)) shall be as determined by the Secretary in accordance with subparagraph (B). (B) Minimum rate The interest rates described in subparagraph (A) shall be not less than the sum obtained by adding— (i) such rates as determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted in the judgment of the Secretary of the Treasury to provide for rates comparable to the rates prevailing in the private market for similar loans and considering the insurance by the Secretary of the loans; and (ii) an additional charge, prescribed by the Secretary, to cover the losses of the Secretary and cost of administration, which shall be deposited in the Rural Development Insurance Fund, and further adjusted to the nearest 1/8 (4) Interest rates adjustments (A) Adjustments Notwithstanding any other provision of this subsection, in the case of loans (other than guaranteed loans) made or guaranteed under the authorities of this title specified in subparagraph (C) for activities that involve the use of prime farmland, the interest rates shall be the interest rates otherwise applicable under this section increased by 2 percent per year. (B) Prime farmland (i) In general Wherever practicable, construction by a State, municipality, or other political subdivision of local government that is supported by loans described in subparagraph (A) shall be placed on land that is not prime farmland, in order to preserve the maximum practicable quantity of prime farmlands for production of food and fiber. (ii) Increased rate In any case in which other options exist for the siting of construction described in clause (i) and the governmental authority still desires to carry out the construction on prime farmland, the 2-percent interest rate increase provided by this paragraph shall apply, but that increased interest rate shall not apply where such other options do not exist. (C) Applicable authorities The authorities referred to in subparagraph (A) are— (i) the provisions of section 3502(a) relating to loans for recreational developments and essential community facilities; (ii) section 3601(e)(2)(A); and (iii) section 3601(c). (c) Payment of charges A borrower of a loan made or guaranteed under this subtitle shall pay such fees and other charges as the Secretary may require, and prepay to the Secretary such taxes and insurance as the Secretary may require, on such terms and conditions as the Secretary may prescribe. (d) Security (1) In general The Secretary shall take as security for an obligation entered into in connection with a loan made under this subtitle such security as the Secretary may require. (2) Liens to United States An instrument for security under paragraph (1) may constitute a lien running to the United States notwithstanding the fact that the note for the security may be held by a lender other than the United States. (3) Multiple loans A borrower may use the same collateral to secure 2 or more loans made or guaranteed under this subtitle, except that the outstanding amount of the loans may not exceed the total value of the collateral. (e) Legal counsel for small loans In the case of a loan of less than $500,000 made or guaranteed under section 3501 that is evidenced by a note or mortgage (as distinguished from a bond issue), the borrower shall not be required to appoint bond counsel to review the legal validity of the loan if the Secretary has available legal counsel to perform the review. 3702. Strategic economic and community development (a) Priority In the case of any rural development program authorized by this subtitle, the Secretary may give priority to applications that are otherwise eligible and support strategic community and economic development plans on a multijurisdictional basis, as approved by the Secretary. (b) Evaluation In evaluating strategic applications, the Secretary shall give a higher priority to strategic applications for a plan described in subsection (a) that demonstrate— (1) the plan was developed through the collaboration of multiple stakeholders in the service area of the plan, including the participation of combinations of stakeholders such as State, local, and tribal governments, nonprofit institutions, institutions of higher education, and private entities; (2) an understanding of the applicable regional resources that could support the plan, including natural resources, human resources, infrastructure, and financial resources; (3) investment from other Federal agencies; (4) investment from philanthropic organizations; and (5) clear objectives for the plan and the ability to establish measurable performance measures and to track progress toward meeting the objectives. 3703. Guaranteed rural development loans (a) In general The Secretary may provide financial assistance to a borrower for a purpose provided in this subtitle by guaranteeing a loan made by any Federal or State chartered bank, savings and loan association, cooperative lending agency, or other legally organized lending agency. (b) Interest rate The interest rate payable by a borrower on the portion of a guaranteed loan that is sold by a lender to the secondary market under this subtitle may be lower than the interest rate charged on the portion retained by the lender. (c) Maximum guarantee of 90 percent Except as provided in subsections (d) and (e), a loan guarantee under this subtitle shall be for not more than 90 percent of the principal and interest due on the loan. (d) Refinanced loans guaranteed at 95 percent The Secretary shall guarantee 95 percent of— (1) in the case of a loan that solely refinances a direct loan made under this subtitle, the principal and interest due on the loan on the date of the refinancing; or (2) in the case of a loan that is used for multiple purposes, the portion of the loan that refinances the principal and interest due on a direct loan made under this subtitle that is outstanding on the date on which the loan is guaranteed. (e) Risk of loss (1) In general Subject to subsection (b), the Secretary may not make a loan under section 3501 or 3601 unless the Secretary determines that no other lender is willing to make the loan and assume 10 percent of the potential loss to be sustained from the loan. (2) Exception for nonprofit groups Paragraph (1) shall not apply to a public body or nonprofit association, including an Indian tribe. 3704. Rural Development Insurance Fund (a) Definition of rural development loan In this section, the term rural development loan (b) Establishment There is established in the Treasury of the United States a fund to be known as the Rural Development Insurance Fund 3705. Rural economic area partnership zones (a) In general The Secretary may designate additional areas as rural economic area partnership zones to be assisted under this chapter— (1) through an open, competitive process; and (2) with priority given to rural areas— (A) with excessive unemployment or underemployment, a high percentage of low-income residents, or high rates of outmigration, as determined by the Secretary; and (B) that the Secretary determines have a substantial need for assistance. (b) Requirements The Secretary shall carry out those rural economic area partnership zones administratively in effect on the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 3706. Streamlining applications and improving accessibility of rural development programs The Secretary shall expedite the process of creating user-friendly and accessible application forms and procedures prioritizing programs and applications at the individual level with an emphasis on utilizing current technology including online applications and submission processes. 3707. State Rural Development Partnership (a) Definitions In this section: (1) Agency with rural responsibilities The term agency with rural responsibilities (2) Partnership The term Partnership (3) State rural development council The term State rural development council (b) Partnership (1) In general The Secretary shall support the State Rural Development Partnership comprised of State rural development councils. (2) Purposes The purposes of the Partnership are to empower and build the capacity of States, regions, and rural communities to design flexible and innovative responses to their rural development needs in a manner that maximizes collaborative public- and private-sector cooperation and minimizes regulatory redundancy. (3) Coordinating panel A panel consisting of representatives of State rural development councils shall be established— (A) to lead and coordinate the strategic operation and policies of the Partnership; and (B) to facilitate effective communication among the members of the Partnership, including the sharing of best practices. (4) Role of Federal government The role of the Federal Government in the Partnership may be that of a partner and facilitator, with Federal agencies authorized— (A) to cooperate with States to implement the Partnership; (B) to provide States with the technical and administrative support necessary to plan and implement tailored rural development strategies to meet local needs; (C) to ensure that the head of each agency with rural responsibilities directs appropriate field staff to participate fully with the State rural development council within the jurisdiction of the field staff; and (D) to enter into cooperative agreements with, and to provide grants and other assistance to, State rural development councils. (c) State rural development councils (1) Establishment Notwithstanding chapter 63 (2) Composition A State rural development council shall— (A) be composed of representatives of Federal, State, local, and tribal governments, nonprofit organizations, regional organizations, the private sector, and other entities committed to rural advancement; and (B) have a nonpartisan and nondiscriminatory membership that— (i) is broad and representative of the economic, social, and political diversity of the State; and (ii) shall be responsible for the governance and operations of the State rural development council. (3) Duties A State rural development council shall— (A) facilitate collaboration among Federal, State, local, and tribal governments and the private and nonprofit sectors in the planning and implementation of programs and policies that have an impact on rural areas of the State; (B) monitor, report, and comment on policies and programs that address, or fail to address, the needs of the rural areas of the State; (C) as part of the Partnership, facilitate the development of strategies to reduce or eliminate conflicting or duplicative administrative or regulatory requirements of Federal, State, local, and tribal governments; and (D) (i) provide to the Secretary an annual plan with goals and performance measures; and (ii) submit to the Secretary an annual report on the progress of the State rural development council in meeting the goals and measures. (4) Federal participation in State rural development councils (A) In general A State Director for Rural Development of the Department of Agriculture, other employees of the Department, and employees of other Federal agencies with rural responsibilities shall fully participate as voting members in the governance and operations of State rural development councils (including activities related to grants, contracts, and other agreements in accordance with this section) on an equal basis with other members of the State rural development councils. (B) Conflicts Participation by a Federal employee in a State rural development council in accordance with this paragraph shall not constitute a violation of section 205 or 208 of title 18, United States Code. (d) Administrative support of the partnership (1) Detail of employees (A) In general In order to provide experience in intergovernmental collaboration, the head of an agency with rural responsibilities that elects to participate in the Partnership may, and is encouraged to, detail to the Secretary for the support of the Partnership 1 or more employees of the agency with rural responsibilities without reimbursement for a period of up to 1 year. (B) Civil service status The detail shall be without interruption or loss of civil service status or privilege. (2) Additional support The Secretary may provide for any additional support staff to the Partnership as the Secretary determines to be necessary to carry out the duties of the Partnership. (3) Intermediaries The Secretary may enter into a contract with a qualified intermediary under which the intermediary shall be responsible for providing administrative and technical assistance to a State rural development council, including administering the financial assistance available to the State rural development council. (e) Matching requirements for State rural development councils (1) In general Except as provided in paragraph (2), a State rural development council shall provide matching funds, or in-kind goods or services, to support the activities of the State rural development council in an amount that is not less than 33 percent of the amount of Federal funds received from a Federal agency under subsection (f)(2). (2) Exceptions to matching requirement for certain Federal funds Paragraph (1) shall not apply to funds, grants, funds provided under contracts or cooperative agreements, gifts, contributions, or technical assistance received by a State rural development council from a Federal agency that are used— (A) to support 1 or more specific program or project activities; or (B) to reimburse the State rural development council for services provided to the Federal agency providing the funds, grants, funds provided under contracts or cooperative agreements, gifts, contributions, or technical assistance. (3) Department's share The Secretary shall develop a plan to decrease, over time, the share of the Department of Agriculture of the cost of the core operations of State rural development councils. (f) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018. (2) Federal agencies (A) In general Notwithstanding any other provision of law limiting the ability of an agency, along with other agencies, to provide funds to a State rural development council in order to carry out the purposes of this section, a Federal agency may make grants, gifts, or contributions to, provide technical assistance to, or enter into contracts or cooperative agreements with, a State rural development council. (B) Assistance Federal agencies are encouraged to use funds made available for programs that have an impact on rural areas to provide assistance to, and enter into contracts with, a State rural development council, as described in subparagraph (A). (3) Contributions A State rural development council may accept private contributions. (g) Termination The authority provided under this section shall terminate on September 30, 2018. 4 Delta Regional Authority 3801. Definitions In this chapter: (1) Authority The term Authority (2) Federal grant program The term Federal grant program (A) acquiring or developing land; (B) constructing or equipping a highway, road, bridge, or facility; or (C) carrying out other economic development activities. (3) Region The term region 42 U.S.C. 3121 Public Law 100–460 3802. Delta Regional Authority (a) Establishment (1) In general There is established the Delta Regional Authority. (2) Composition The Authority shall be composed of— (A) a Federal member, to be appointed by the President, with the advice and consent of the Senate; and (B) the Governor (or a designee of the Governor) of each State in the region that elects to participate in the Authority. (3) Cochairpersons The Authority shall be headed by— (A) the Federal member, who shall serve as— (i) the Federal cochairperson; and (ii) a liaison between the Federal Government and the Authority; and (B) a State cochairperson, who shall be— (i) a Governor of a participating State in the region; and (ii) elected by the State members for a term of not less than 1 year. (4) Alabama Notwithstanding any other provision of law, the State of Alabama shall be a full member of the Authority and shall be entitled to all rights and privileges that the membership affords to all other participating States in the Authority. (b) Alternate members (1) State alternates The State member of a participating State may have a single alternate, who shall be— (A) a resident of that State; and (B) appointed by the Governor of the State. (2) Alternate Federal cochairperson The President shall appoint an alternate Federal cochairperson. (3) Quorum A State alternate shall not be counted toward the establishment of a quorum of the Authority in any instance in which a quorum of the State members is required to be present. (4) Delegation of power No power or responsibility of the Authority specified in paragraphs (2) and (3) of subsection (c), and no voting right of any Authority member, shall be delegated to any person— (A) who is not an Authority member; or (B) who is not entitled to vote in Authority meetings. (c) Voting (1) In general A decision by the Authority shall require a majority vote of the Authority (not including any member representing a State that is delinquent under subsection (g)(2)(C)) to be effective. (2) Quorum A quorum of State members shall be required to be present for the Authority to make any policy decision, including— (A) a modification or revision of an Authority policy decision; (B) approval of a State or regional development plan; and (C) any allocation of funds among the States. (3) Project and grant proposals The approval of project and grant proposals shall be— (A) a responsibility of the Authority; and (B) conducted in accordance with section 3809. (4) Voting by alternate members An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State representative for which the alternate member is an alternate. (d) Duties The Authority shall— (1) develop, on a continuing basis, comprehensive and coordinated plans and programs to establish priorities and approve grants for the economic development of the region, giving due consideration to other Federal, State, and local planning and development activities in the region; (2) review, and where appropriate amend, priorities in a development plan for the region (including 5-year regional outcome targets); (3) assess the needs and assets of the region based on available research, demonstrations, investigations, assessments, and evaluations of the region prepared by Federal, State, and local agencies, universities, local development districts, and other nonprofit groups; (4) formulate and recommend to the Governors and legislatures of States that participate in the Authority forms of interstate cooperation; (5) work with State and local agencies in developing appropriate model legislation; (6) (A) enhance the capacity of, and provide support for, local development districts in the region; or (B) if no local development district exists in an area in a participating State in the region, foster the creation of a local development district; (7) encourage private investment in industrial, commercial, and other economic development projects in the region; and (8) cooperate with and assist State governments with economic development programs of participating States. (e) Administration In carrying out subsection (d), the Authority may— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Authority as the Authority considers appropriate; (2) authorize, through the Federal or State cochairperson or any other member of the Authority designated by the Authority, the administration of oaths if the Authority determines that testimony should be taken or evidence received under oath; (3) request from any Federal, State, or local department or agency such information as may be available to or procurable by the department or agency that may be of use to the Authority in carrying out duties of the Authority; (4) adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of Authority business and the performance of Authority duties; (5) request the head of any Federal department or agency to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; (6) request the head of any State department or agency or local government to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; (7) provide for coverage of Authority employees in a suitable retirement and employee benefit system by— (A) making arrangements or entering into contracts with any participating State government; or (B) otherwise providing retirement and other employee benefit coverage; (8) accept, use, and dispose of gifts or donations of services or real, personal, tangible, or intangible property; (9) enter into and perform such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out Authority duties, including any contracts, leases, or cooperative agreements with— (A) any department, agency, or instrumentality of the United States; (B) any State (including a political subdivision, agency, or instrumentality of the State); or (C) any person, firm, association, or corporation; and (10) establish and maintain a central office and field offices at such locations as the Authority may select. (f) Federal agency cooperation A Federal agency shall— (1) cooperate with the Authority; and (2) provide, on request of the Federal cochairperson, appropriate assistance in carrying out this chapter, in accordance with applicable Federal laws (including regulations). (g) Administrative expenses (1) In general Administrative expenses of the Authority (except for the expenses of the Federal cochairperson, including expenses of the alternate and staff of the Federal cochairperson, which shall be paid solely by the Federal Government) shall be paid— (A) by the Federal Government, in an amount equal to 50 percent of the administrative expenses; and (B) by the States in the region participating in the Authority, in an amount equal to 50 percent of the administrative expenses. (2) State share (A) In general The share of administrative expenses of the Authority to be paid by each State shall be determined by the Authority. (B) No Federal participation The Federal cochairperson shall not participate or vote in any decision under subparagraph (A). (C) Delinquent States If a State is delinquent in payment of the State’s share of administrative expenses of the Authority under this subsection— (i) no assistance under this chapter shall be furnished to the State (including assistance to a political subdivision or a resident of the State); and (ii) no member of the Authority from the State shall participate or vote in any action by the Authority. (h) Compensation (1) Federal cochairperson The Federal cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of chapter 53 (2) Alternate Federal cochairperson The alternate Federal cochairperson— (A) shall be compensated by the Federal Government at level V of the Executive Schedule described in paragraph (1); and (B) when not actively serving as an alternate for the Federal cochairperson, shall perform such functions and duties as are delegated by the Federal cochairperson. (3) State members and alternates (A) In general A State shall compensate each member and alternate representing the State on the Authority at the rate established by law of the State. (B) No additional compensation No State member or alternate member shall receive any salary, or any contribution to or supplementation of salary from any source other than the State for services provided by the member or alternate to the Authority. (4) Detailed employees (A) In general No person detailed to serve the Authority under subsection (e)(6) shall receive any salary or any contribution to or supplementation of salary for services provided to the Authority from— (i) any source other than the State, local, or intergovernmental department or agency from which the person was detailed; or (ii) the Authority. (B) Violation Any person that violates this paragraph shall be fined not more than $5,000, imprisoned not more than 1 year, or both. (C) Applicable law The Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the Authority under subsection (e)(5) shall not be subject to subparagraph (A), but shall remain subject to sections 202 through 209 of title 18, United States Code. (5) Additional personnel (A) Compensation (i) In general The Authority may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Authority to carry out the duties of the Authority. (ii) Exception Compensation under clause (i) shall not exceed the maximum rate for the Senior Executive Service under section 5382 (B) Executive director The executive director shall be responsible for— (i) the carrying out of the administrative duties of the Authority; (ii) direction of the Authority staff; and (iii) such other duties as the Authority may assign. (C) No Federal employee status No member, alternate, officer, or employee of the Authority (except the Federal cochairperson of the Authority, the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the Authority under subsection (e)(5)) shall be considered to be a Federal employee for any purpose. (i) Conflicts of interest (1) In general Except as provided under paragraph (2), no State member, alternate, officer, or employee of the Authority shall participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee, there is a financial interest of— (A) the member, alternate, officer, or employee; (B) the spouse, minor child, partner, or organization (other than a State or political subdivision of the State) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee; or (C) any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment. (2) Disclosure Paragraph (1) shall not apply if the State member, alternate, officer, or employee— (A) immediately advises the Authority of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest; (B) makes full disclosure of the financial interest; and (C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Authority that the interest is not so substantial as to be likely to affect the integrity of the services that the Authority may expect from the State member, alternate, officer, or employee. (3) Violation Any person that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both. (j) Validity of contracts, loans, and grants The Authority may declare void any contract, loan, or grant of or by the Authority in relation to which the Authority determines that there has been a violation of any provision under subsection (h)(4), subsection (i), or sections 202 through 209 of title 18, United States Code. 3803. Economic and community development grants (a) In general The Authority may approve grants to States and public and nonprofit entities for projects, approved in accordance with section 3809— (1) to develop the transportation infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may only be made to a State or local government); (2) to assist the region in obtaining the job training, employment-related education, and business development (with an emphasis on entrepreneurship) that are needed to build and maintain strong local economies; (3) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for improving basic public services; (4) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for equipping industrial parks and related facilities; and (5) to otherwise achieve the purposes of this chapter. (b) Funding (1) In general Funds for grants under subsection (a) may be provided— (A) entirely from appropriations to carry out this section; (B) in combination with funds available under another Federal or Federal grant program; or (C) from any other source. (2) Priority of funding To best build the foundations for long-term economic development and to complement other Federal and State resources in the region, Federal funds available under this chapter shall be focused on the activities in the following order or priority: (A) Basic public infrastructure in distressed counties and isolated areas of distress. (B) Transportation infrastructure for the purpose of facilitating economic development in the region. (C) Business development, with emphasis on entrepreneurship. (D) Job training or employment-related education, with emphasis on use of existing public educational institutions located in the region. 3804. Supplements to Federal grant programs (a) Finding Congress finds that certain States and local communities of the region, including local development districts, may be unable to take maximum advantage of Federal grant programs for which the States and communities are eligible because— (1) the States or communities lack the economic resources to provide the required matching share; or (2) there are insufficient funds available under the applicable Federal law authorizing the Federal grant program to meet pressing needs of the region. (b) Federal grant program funding Notwithstanding any provision of law limiting the Federal share, the areas eligible for assistance, or the authorizations of appropriations of any Federal grant program, and in accordance with subsection (c), the Authority, with the approval of the Federal cochairperson and with respect to a project to be carried out in the region— (1) may increase the Federal share of the costs of a project under the Federal grant program to not more than 90 percent (except as provided in section 3806(b)); and (2) shall use amounts made available to carry out this chapter to pay the increased Federal share. (c) Certifications (1) In general In the case of any project for which all or any portion of the basic Federal share of the costs of the project is proposed to be paid under this section, no Federal contribution shall be made until the Federal official administering the Federal law that authorizes the Federal grant program certifies that the project— (A) meets (except as provided in subsection (b)) the applicable requirements of the applicable Federal grant program; and (B) could be approved for Federal contribution under the Federal grant program if funds were available under the law for the project. (2) Certification by authority (A) In general The certifications and determinations required to be made by the Authority for approval of projects under this Act in accordance with section 3809 shall be— (i) controlling; and (ii) accepted by the Federal agencies. (B) Acceptance by Federal cochairperson In the case of any project described in paragraph (1), any finding, report, certification, or documentation required to be submitted with respect to the project to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of the Federal grant program under which the project is carried out shall be accepted by the Federal cochairperson. 3805. Local development districts; certification and administrative expenses (a) Definition of local development district In this section, the term local development district (1) is— (A) a planning district in existence on the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (B) if an entity described in subparagraph (A) does not exist— (i) organized and operated in a manner that ensures broad-based community participation and an effective opportunity for other nonprofit groups to contribute to the development and implementation of programs in the region; (ii) governed by a policy board with at least a simple majority of members consisting of elected officials or employees of a general purpose unit of local government who have been appointed to represent the government; (iii) certified to the Authority as having a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the region— (I) by the Governor of each State in which the entity is located; or (II) by the State officer designated by the appropriate State law to make the certification; and (iv) (I) a nonprofit incorporated body organized or chartered under the law of the State in which the entity is located; (II) a nonprofit agency or instrumentality of a State or local government; (III) a public organization established before December 21, 2000, under State law for creation of multi-jurisdictional, area-wide planning organizations; or (IV) a nonprofit association or combination of bodies, agencies, and instrumentalities described in subclauses (I) through (III); and (2) has not, as certified by the Federal cochairperson— (A) inappropriately used Federal grant funds from any Federal source; or (B) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity. (b) Grants to local development districts (1) In general The Authority shall make grants for administrative expenses under this section. (2) Conditions for grants (A) Maximum amount The amount of any grant awarded under paragraph (1) shall not exceed 80 percent of the administrative expenses of the local development district receiving the grant. (B) Maximum period No grant described in paragraph (1) shall be awarded to a State agency certified as a local development district for a period greater than 3 years. (C) Local share The contributions of a local development district for administrative expenses may be in cash or in kind, fairly evaluated, including space, equipment, and services. (c) Duties of local development districts A local development district shall— (1) operate as a lead organization serving multicounty areas in the region at the local level; and (2) serve as a liaison between State and local governments, nonprofit organizations (including community-based groups and educational institutions), the business community, and citizens that— (A) are involved in multijurisdictional planning; (B) provide technical assistance to local jurisdictions and potential grantees; and (C) provide leadership and civic development assistance. 3806. Distressed counties and areas and nondistressed counties (a) Designations Each year, the Authority, in accordance with such criteria as the Authority may establish, shall designate— (1) as distressed counties, counties in the region that are the most severely and persistently distressed and underdeveloped and have high rates of poverty or unemployment; (2) as nondistressed counties, counties in the region that are not designated as distressed counties under paragraph (1); and (3) as isolated areas of distress, areas located in nondistressed counties (as designated under paragraph (2)) that have high rates of poverty or unemployment. (b) Distressed counties (1) In general The Authority shall allocate at least 75 percent of the appropriations made available under section 3813 for programs and projects designed to serve the needs of distressed counties and isolated areas of distress in the region. (2) Funding limitations The funding limitations under section 3804(b) shall not apply to a project providing transportation or basic public services to residents of 1 or more distressed counties or isolated areas of distress in the region. (c) Nondistressed counties (1) In general Except as provided in this subsection, no funds shall be provided under this chapter for a project located in a county designated as a nondistressed county under subsection (a)(2). (2) Exceptions (A) In general The funding prohibition under paragraph (1) shall not apply to grants to fund the administrative expenses of local development districts under section 3805(b). (B) Multicounty projects The Authority may waive the application of the funding prohibition under paragraph (1) to a multicounty project that includes participation by a nondistressed county; or any other type of project if the Authority determines that the project could bring significant benefits to areas of the region outside a nondistressed county. (C) Isolated areas of distress For a designation of an isolated area of distress for assistance to be effective, the designation shall be supported— (i) by the most recent Federal data available; or (ii) if no recent Federal data are available, by the most recent data available through the government of the State in which the isolated area of distress is located. (d) Transportation and basic public infrastructure The Authority shall allocate at least 50 percent of any funds made available under section 3813 for transportation and basic public infrastructure projects authorized under paragraphs (1) and (3) of section 3803(a). 3807. Development planning process (a) State development plan In accordance with policies established by the Authority, each State member shall submit a development plan for the area of the region represented by the State member. (b) Content of plan A State development plan submitted under subsection (a) shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 3802(d)(2). (c) Consultation with interested local parties In carrying out the development planning process (including the selection of programs and projects for assistance), a State may— (1) consult with— (A) local development districts; and (B) local units of government; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). (d) Public participation (1) In general The Authority and applicable State and local development districts shall encourage and assist, to the maximum extent practicable, public participation in the development, revision, and implementation of all plans and programs under this chapter. (2) Regulations The Authority shall develop guidelines for providing public participation described in paragraph (1), including public hearings. 3808. Program development criteria (a) In general In considering programs and projects to be provided assistance under this chapter and in establishing a priority ranking of the requests for assistance provided by the Authority, the Authority shall follow procedures that ensure, to the maximum extent practicable, consideration of— (1) the relationship of the project or class of projects to overall regional development; (2) the per capita income and poverty and unemployment rates in an area; (3) the financial resources available to the applicants for assistance seeking to carry out the project, with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development; (4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same funds; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated. (b) No relocation assistance (1) In general Except as provided in paragraph (2), no financial assistance authorized by this chapter shall be used to assist a person or entity in relocating from 1 area to another. (2) Outside businesses Financial assistance under this chapter may be used as otherwise authorized by this title to attract businesses from outside the region to the region. (c) Reduction of funds Funds may be provided for a program or project in a State under this chapter only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this chapter, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this chapter. 3809. Approval of development plans and projects (a) In general A State or regional development plan or any multistate subregional plan that is proposed for development under this chapter shall be reviewed and approved by the Authority. (b) Evaluation by State member An application for a grant or any other assistance for a project under this chapter shall be made through and evaluated for approval by the State member of the Authority representing the applicant. (c) Certification An application for a grant or other assistance for a project shall be approved only on certification by the State member that the application for the project— (1) describes ways in which the project complies with any applicable State development plan; (2) meets applicable criteria under section 3808; (3) provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and (4) otherwise meets the requirements of this chapter. (d) Approval of grant applications On certification by a State member of the Authority of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Authority under section 3802(c) shall be required for approval of the application. 3810. Consent of States Nothing in this chapter requires any State to engage in or accept any program under this chapter without the consent of the State. 3811. Records (a) Records of the authority (1) In general The Authority shall maintain accurate and complete records of all transactions and activities of the Authority. (2) Availability All records of the Authority shall be available for audit and examination by the Comptroller General of the United States and the Inspector General of the Department of Agriculture (including authorized representatives of the Comptroller General and the Inspector General of the Department of Agriculture). (b) Records of recipients of Federal assistance (1) In general A recipient of Federal funds under this chapter shall, as required by the Authority, maintain accurate and complete records of transactions and activities financed with Federal funds and report on the transactions and activities to the Authority. (2) Availability All records required under paragraph (1) shall be available for audit by the Comptroller General of the United States, the Inspector General of the Department of Agriculture, and the Authority (including authorized representatives of the Comptroller General, the Inspector General of the Department of Agriculture, and the Authority). 3812. Annual report Not later than 180 days after the end of each fiscal year, the Authority shall submit to the President and to Congress a report describing the activities carried out under this chapter. 3813. Authorization of appropriations (a) In general There is authorized to be appropriated to the Authority to carry out this chapter $30,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. (b) Administrative expenses Not more than 5 percent of the amount appropriated under subsection (a) for a fiscal year shall be used for administrative expenses of the Authority. 3814. Termination of authority This chapter and the authority provided under this chapter expire on October 1, 2018. 5 Northern Great Plains Regional Authority 3821. Definitions In this chapter: (1) Authority The term Authority (2) Federal grant program The term Federal grant program (A) implementing the recommendations of the Northern Great Plains Rural Development Commission established by the Northern Great Plains Rural Development Act (7 U.S.C. 2661 note; Public Law 103–318 (B) acquiring or developing land; (C) constructing or equipping a highway, road, bridge, or facility; (D) carrying out other economic development activities; or (E) conducting research activities related to the activities described in subparagraphs (A) through (D). (3) Region The term region 3822. Northern Great Plains Regional Authority (a) Establishment (1) In general There is established the Northern Great Plains Regional Authority. (2) Composition The Authority shall be composed of— (A) a Federal member, to be appointed by the President, by and with the advice and consent of the Senate; (B) the Governor (or a designee of the Governor) of each State in the region that elects to participate in the Authority; and (C) a member of an Indian tribe, who shall be a chairperson of an Indian tribe in the region or a designee of such a chairperson, to be appointed by the President, by and with the advice and consent of the Senate. (3) Cochairpersons The Authority shall be headed by— (A) the Federal member, who shall serve as— (i) the Federal cochairperson; and (ii) a liaison between the Federal Government and the Authority; (B) a State cochairperson, who shall be— (i) a Governor of a participating State in the region; and (ii) elected by the State members for a term of not less than 1 year; and (C) the member of an Indian tribe, who shall serve as— (i) the tribal cochairperson; and (ii) a liaison between the governments of Indian tribes in the region and the Authority. (4) Failure to confirm (A) Federal member Notwithstanding any other provision of this section, if a Federal member described in paragraph (2)(A) has not been confirmed by the Senate by not later than 180 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (B) Tribal cochairperson In the case of the tribal cochairperson, if no tribal cochairperson is confirmed by the Senate, the regional authority shall consult and coordinate with the leaders of Indian tribes in the region concerning the activities of the Authority, as appropriate. (b) Alternate members (1) Alternate Federal cochairperson The President shall appoint an alternate Federal cochairperson. (2) State alternates (A) In general The State member of a participating State may have a single alternate, who shall be— (i) a resident of that State; and (ii) appointed by the Governor of the State. (B) Quorum A State alternate member shall not be counted toward the establishment of a quorum of the members of the Authority in any case in which a quorum of the State members is required to be present. (3) Alternate tribal cochairperson The President shall appoint an alternate tribal cochairperson, by and with the advice and consent of the Senate. (4) Delegation of power No power or responsibility of the Authority specified in paragraphs (2) and (3) of subsection (c), and no voting right of any member of the Authority, shall be delegated to any person who is not— (A) a member of the Authority; or (B) entitled to vote in Authority meetings. (c) Voting (1) In general A decision by the Authority shall require a majority vote of the Authority (not including any member representing a State that is delinquent under subsection (g)(2)(D)) to be effective. (2) Quorum A quorum of State members shall be required to be present for the Authority to make any policy decision, including— (A) a modification or revision of an Authority policy decision; (B) approval of a State or regional development plan; and (C) any allocation of funds among the States. (3) Project and grant proposals The approval of project and grant proposals shall be— (A) a responsibility of the Authority; and (B) conducted in accordance with section 3830. (4) Voting by alternate members An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal, State, or Indian tribe member for whom the alternate member is an alternate. (d) Duties The Authority shall— (1) develop, on a continuing basis, comprehensive and coordinated plans and programs for multistate cooperation to advance the economic and social well-being of the region and to approve grants for the economic development of the region, giving due consideration to other Federal, State, tribal, and local planning and development activities in the region; (2) review, and when appropriate amend, priorities in a development plan for the region (including 5-year regional outcome targets); (3) assess the needs and assets of the region based on available research, demonstrations, investigations, assessments, and evaluations of the region prepared by Federal, State, tribal, and local agencies, universities, regional and local development districts or organizations, and other nonprofit groups; (4) formulate and recommend to the Governors and legislatures of States that participate in the Authority forms of interstate cooperation for— (A) renewable energy development and transmission; (B) transportation planning and economic development; (C) information technology; (D) movement of freight and individuals within the region; (E) federally funded research at institutions of higher education; and (F) conservation land management; (5) work with State, tribal, and local agencies in developing appropriate model legislation; (6) enhance the capacity of, and provide support for, multistate development and research organizations, local development organizations and districts, and resource conservation districts in the region; (7) encourage private investment in industrial, commercial, renewable energy, and other economic development projects in the region; and (8) cooperate with and assist State governments with economic development programs of participating States. (e) Administration In carrying out subsection (d), the Authority may— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Authority as the Authority considers appropriate; (2) authorize, through the Federal, State, or tribal cochairperson or any other member of the Authority designated by the Authority, the administration of oaths if the Authority determines that testimony should be taken or evidence received under oath; (3) request from any Federal, State, tribal, or local agency such information as may be available to or procurable by the agency that may be of use to the Authority in carrying out the duties of the Authority; (4) adopt, amend, and repeal bylaws and rules governing the conduct of business and the performance of duties of the Authority; (5) request the head of any Federal agency to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; (6) request the head of any State agency, tribal government, or local government to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; (7) provide for coverage of Authority employees in a suitable retirement and employee benefit system by— (A) making arrangements or entering into contracts with any participating State government or tribal government; or (B) otherwise providing retirement and other employee benefit coverage; (8) accept, use, and dispose of gifts or donations of services or real, personal, tangible, or intangible property; (9) enter into and perform such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out Authority duties, including any contracts, leases, or cooperative agreements with— (A) any department, agency, or instrumentality of the United States; (B) any State (including a political subdivision, agency, or instrumentality of the State); (C) any Indian tribe in the region; or (D) any person, firm, association, or corporation; and (10) establish and maintain a central office and field offices at such locations as the Authority may select. (f) Federal agency cooperation A Federal agency shall— (1) cooperate with the Authority; and (2) provide, on request of a cochairperson, appropriate assistance in carrying out this chapter, in accordance with applicable Federal laws (including regulations). (g) Administrative expenses (1) Federal share The Federal share of the administrative expenses of the Authority shall be— (A) for each of fiscal years 2012 and 2013, 100 percent; (B) for fiscal year 2014, 75 percent; and (C) for fiscal year 2015 and each fiscal year thereafter, 50 percent. (2) Non-Federal share (A) In general The non-Federal share of the administrative expenses of the Authority shall be paid by non-Federal sources in the States that participate in the Authority. (B) Share paid by each State The share of administrative expenses of the Authority to be paid by non-Federal sources in each State shall be determined by the Authority. (C) No Federal participation The Federal cochairperson shall not participate or vote in any decision under subparagraph (B). (D) Delinquent States If a State is delinquent in payment of the State’s share of administrative expenses of the Authority under this subsection— (i) no assistance under this chapter shall be provided to the State (including assistance to a political subdivision or a resident of the State); and (ii) no member of the Authority from the State shall participate or vote in any action by the Authority. (h) Compensation (1) Federal and tribal cochairpersons The Federal cochairperson and the tribal cochairperson shall be compensated by the Federal Government at the annual rate of basic pay prescribed for level III of the Executive Schedule in subchapter II of chapter 53 (2) Alternate Federal and tribal cochairpersons The alternate Federal cochairperson and the alternate tribal cochairperson— (A) shall be compensated by the Federal Government at the annual rate of basic pay prescribed for level V of the Executive Schedule described in paragraph (1); and (B) when not actively serving as an alternate, shall perform such functions and duties as are delegated by the Federal cochairperson or the tribal cochairperson, respectively. (3) State members and alternates (A) In general A State shall compensate each member and alternate representing the State on the Authority at the rate established by State law. (B) No additional compensation No State member or alternate member shall receive any salary, or any contribution to or supplementation of salary from any source other than the State for services provided by the member or alternate member to the Authority. (4) Detailed employees (A) In general No person detailed to serve the Authority under subsection (e)(6) shall receive any salary or any contribution to or supplementation of salary for services provided to the Authority from— (i) any source other than the State, tribal, local, or intergovernmental agency from which the person was detailed; or (ii) the Authority. (B) Violation Any person that violates this paragraph shall be fined not more than $5,000, imprisoned not more than 1 year, or both. (C) Applicable law The Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the Authority under subsection (e)(5) shall not be subject to subparagraph (A), but shall remain subject to sections 202 through 209 of title 18, United States Code. (5) Additional personnel (A) Compensation (i) In general The Authority may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Authority to carry out the duties of the Authority. (ii) Exception Compensation under clause (i) shall not exceed the maximum rate for the Senior Executive Service under section 5382 (B) Executive director The executive director shall be responsible for— (i) the carrying out of the administrative duties of the Authority; (ii) direction of the Authority staff; and (iii) such other duties as the Authority may assign. (C) No Federal employee status No member, alternate, officer, or employee of the Authority (except the Federal cochairperson of the Authority, the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the Authority under subsection (e)(5)) shall be considered to be a Federal employee for any purpose. (i) Conflicts of interest (1) In general Except as provided under paragraph (2), no State member, Indian tribe member, State alternate, officer, or employee of the Authority shall participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee, there is a financial interest of— (A) the member, alternate, officer, or employee; (B) the spouse, minor child, partner, or organization (other than a State or political subdivision of the State or the Indian tribe) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee; or (C) any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment. (2) Disclosure Paragraph (1) shall not apply if the State member, Indian tribe member, alternate, officer, or employee— (A) immediately advises the Authority of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest; (B) makes full disclosure of the financial interest; and (C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Authority that the interest is not so substantial as to be likely to affect the integrity of the services that the Authority may expect from the State member, Indian tribe member, alternate, officer, or employee. (3) Violation Any person that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both. (j) Validity of contracts, loans, and grants The Authority may declare void any contract, loan, or grant of or by the Authority in relation to which the Authority determines that there has been a violation of any provision under subsection (h)(4) or subsection (i) of this chapter, or sections 202 through 209 of title 18, United States Code. 3823. Interstate cooperation for economic opportunity and efficiency (a) In general The Authority shall provide assistance to States in developing regional plans to address multistate economic issues, including plans— (1) to develop a regional transmission system for movement of renewable energy to markets outside the region; (2) to address regional transportation concerns, including the establishment of a Northern Great Plains Regional Transportation Working Group; (3) to encourage and support interstate collaboration on federally funded research that is in the national interest; and (4) to establish a Regional Working Group on Agriculture Development and Transportation. (b) Economic issues The multistate economic issues referred to in subsection (a) shall include— (1) renewable energy development and transmission; (2) transportation planning and economic development; (3) information technology; (4) movement of freight and individuals within the region; (5) federally funded research at institutions of higher education; and (6) conservation land management. 3824. Economic and community development grants (a) In general The Authority may approve grants to States, Indian tribes, local governments, and public and nonprofit organizations for projects, approved in accordance with section 3830— (1) to assist the region in obtaining the job training, employment-related education, and business development (with an emphasis on entrepreneurship) that are needed to build and maintain strong local economies; (2) to develop the transportation, renewable energy transmission, and telecommunication infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may be made only to States, Indian tribes, local governments, and nonprofit organizations); (3) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for improving basic public services; (4) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for equipping industrial parks and related facilities; and (5) to otherwise achieve the purposes of this chapter. (b) Funding (1) In general Funds for grants under subsection (a) may be provided— (A) entirely from appropriations to carry out this section; (B) in combination with funds available under another Federal grant program; or (C) from any other source. (2) Priority of funding To best build the foundations for long-term economic development and to complement other Federal, State, and tribal resources in the region, Federal funds available under this chapter shall be focused on the following activities: (A) Basic public infrastructure in distressed counties and isolated areas of distress. (B) Transportation and telecommunication infrastructure for the purpose of facilitating economic development in the region. (C) Business development, with emphasis on entrepreneurship. (D) Job training or employment-related education, with emphasis on use of existing public educational institutions located in the region. 3825. Supplements to Federal grant programs (a) Finding Congress finds that certain States and local communities of the region may be unable to take maximum advantage of Federal grant programs for which the States and communities are eligible because— (1) the States and communities lack the economic resources to provide the required matching share; or (2) there are insufficient funds available under the applicable Federal law authorizing the Federal grant program to meet pressing needs of the region. (b) Federal grant program funding Notwithstanding any provision of law limiting the Federal share, the areas eligible for assistance, or the authorizations of appropriations, under any Federal grant program, and in accordance with subsection (c), the Authority, with the approval of the Federal cochairperson and with respect to a project to be carried out in the region— (1) may increase the Federal share of the costs of a project under any Federal grant program to not more than 90 percent (except as provided in section 3827(b)); and (2) shall use amounts made available to carry out this chapter to pay the increased Federal share. (c) Certifications (1) In general In the case of any project for which all or any portion of the basic Federal share of the costs of the project is proposed to be paid under this section, no Federal contribution shall be made until the Federal official administering the Federal law that authorizes the Federal grant program certifies that the project— (A) meets (except as provided in subsection (b)) the applicable requirements of the applicable Federal grant program; and (B) could be approved for Federal contribution under the Federal grant program if funds were available under the law for the project. (2) Certification by authority (A) In general The certifications and determinations required to be made by the Authority for approval of projects under this Act in accordance with section 3830 shall be— (i) controlling; and (ii) accepted by the Federal agencies. (B) Acceptance by Federal cochairperson In the case of any project described in paragraph (1), any finding, report, certification, or documentation required to be submitted with respect to the project to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of the Federal grant program under which the project is carried out shall be accepted by the Federal cochairperson. 3826. Multistate and local development districts and organizations and Northern Great Plains Inc (a) Definition of multistate and local development district or organization In this section, the term multistate and local development district or organization (1) that— (A) is a planning district that is recognized by the Economic Development Administration of the Department of Commerce; or (B) is— (i) organized and operated in a manner that ensures broad-based community participation and an effective opportunity for other nonprofit groups to contribute to the development and implementation of programs in the region; (ii) a nonprofit incorporated body organized or chartered under the law of the State in which the entity is located; (iii) a nonprofit agency or instrumentality of a State or local government; (iv) a public organization established before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (v) a nonprofit agency or instrumentality of a State that was established for the purpose of assisting with multistate cooperation; or (vi) a nonprofit association or combination of bodies, agencies, and instrumentalities described in clauses (ii) through (v); and (2) that has not, as certified by the Authority (in consultation with the Federal cochairperson or Secretary, as appropriate)— (A) inappropriately used Federal grant funds from any Federal source; or (B) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity. (b) Grants to multistate, local, or regional development districts and organizations (1) In general The Authority may make grants for administrative expenses under this section to multistate, local, and regional development districts and organizations. (2) Conditions for grants (A) Maximum amount The amount of any grant awarded under paragraph (1) shall not exceed 80 percent of the administrative expenses of the multistate, local, or regional development district or organization receiving the grant. (B) Maximum period No grant described in paragraph (1) shall be awarded for a period of greater than 3 years. (3) Local share The contributions of a multistate, local, or regional development district or organization for administrative expenses may be in cash or in kind, fairly evaluated, including space, equipment, and services. (c) Duties (1) In general Except as provided in paragraph (2), a local development district shall operate as a lead organization serving multicounty areas in the region at the local level. (2) Designation The Federal cochairperson may designate an Indian tribe or multijurisdictional organization to serve as a lead organization in such cases as the Federal cochairperson or Secretary, as appropriate, determines appropriate. (d) Northern Great Plains Inc Northern Great Plains Inc., a nonprofit corporation incorporated in the State of Minnesota to implement the recommendations of the Northern Great Plains Rural Development Commission established by the Northern Great Plains Rural Development Act ( 7 U.S.C. 2661 (1) shall serve as an independent, primary resource for the Authority on issues of concern to the region; (2) shall advise the Authority on development of international trade; (3) may provide research, education, training, and other support to the Authority; and (4) may carry out other activities on its own behalf or on behalf of other entities. 3827. Distressed counties and areas and nondistressed counties (a) Designations Each year, the Authority, in accordance with such criteria as the Authority may establish, shall designate— (1) as distressed counties, counties in the region that are the most severely and persistently distressed and underdeveloped and have high rates of poverty, unemployment, or outmigration; (2) as nondistressed counties, counties in the region that are not designated as distressed counties under paragraph (1); and (3) as isolated areas of distress, areas located in nondistressed counties (as designated under paragraph (2)) that have high rates of poverty, unemployment, or outmigration. (b) Distressed counties (1) In general The Authority shall allocate at least 50 percent of the appropriations made available under section 3834 for programs and projects designed to serve the needs of distressed counties and isolated areas of distress in the region. (2) Funding limitations The funding limitations under section 3825(b) shall not apply to a project to provide transportation or telecommunication or basic public services to residents of 1 or more distressed counties or isolated areas of distress in the region. (c) Transportation, telecommunication, renewable energy, and basic public infrastructure The Authority shall allocate at least 50 percent of any funds made available under section 3834 for transportation, telecommunication, renewable energy, and basic public infrastructure projects authorized under paragraphs (1) and (3) of section 3824(a). 3828. Development planning process (a) State development plan In accordance with policies established by the Authority, each State member shall submit a development plan for the area of the region represented by the State member. (b) Content of plan A State development plan submitted under subsection (a) shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 3823(d)(2). (c) Consultation with interested local parties In carrying out the development planning process (including the selection of programs and projects for assistance), a State may— (1) consult with— (A) multistate, regional, and local development districts and organizations; and (B) local units of government; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). (d) Public participation (1) In general The Authority and applicable multistate, regional, and local development districts and organizations shall encourage and assist, to the maximum extent practicable, public participation in the development, revision, and implementation of all plans and programs under this chapter. (2) Regulations The Authority shall develop guidelines for providing public participation described in paragraph (1), including public hearings. 3829. Program development criteria (a) In general In considering programs and projects to be provided assistance under this chapter, and in establishing a priority ranking of the requests for assistance provided to the Authority, the Authority shall follow procedures that ensure, to the maximum extent practicable, consideration of— (1) the relationship of the project or class of projects to overall multistate or regional development; (2) the per capita income and poverty and unemployment and outmigration rates in an area; (3) the financial resources available to the applicants for assistance seeking to carry out the project, with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development; (4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same funds; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic development of the area to be served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated. (b) No relocation assistance (1) In general Except as provided in paragraph (2), no financial assistance authorized by this chapter shall be used to assist a person or entity in relocating from 1 area to another. (2) Outside businesses Financial assistance under this chapter may be used as otherwise authorized by this title to attract businesses from outside the region to the region. (c) Maintenance of effort Funds may be provided for a program or project in a State under this chapter only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this chapter, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this chapter. 3830. Approval of development plans and projects (a) In general A State or regional development plan or any multistate subregional plan that is proposed for development under this chapter shall be reviewed by the Authority. (b) Evaluation by State member An application for a grant or any other assistance for a project under this chapter shall be made through and evaluated for approval by the State member of the Authority representing the applicant. (c) Certification An application for a grant or other assistance for a project shall be approved only on certification by the State member that the application for the project— (1) describes ways in which the project complies with any applicable State development plan; (2) meets applicable criteria under section 3829; (3) provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and (4) otherwise meets the requirements of this chapter. (d) Votes for decisions On certification by a State member of the Authority of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Authority under section 3822(c) shall be required for approval of the application. 3831. Consent of States Nothing in this chapter requires any State to engage in or accept any program under this chapter without the consent of the State. 3832. Records (a) Records of the authority (1) In general The Authority shall maintain accurate and complete records of all transactions and activities of the Authority. (2) Availability All records of the Authority shall be available for audit and examination by the Comptroller General of the United States and the Inspector General of the Department of Agriculture (including authorized representatives of the Comptroller General and the Inspector General of the Department of Agriculture). (b) Records of recipients of Federal assistance (1) In general A recipient of Federal funds under this chapter shall, as required by the Authority, maintain accurate and complete records of transactions and activities financed with Federal funds and report to the Authority on the transactions and activities to the Authority. (2) Availability All records required under paragraph (1) shall be available for audit by the Comptroller General of the United States, the Inspector General of the Department of Agriculture, and the Authority (including authorized representatives of the Comptroller General, the Inspector General of the Department of Agriculture, and the Authority). (c) Annual audit The Inspector General of the Department of Agriculture shall audit the activities, transactions, and records of the Authority on an annual basis. 3833. Annual report Not later than 180 days after the end of each fiscal year, the Authority shall submit to the President and to Congress a report describing the activities carried out under this chapter. 3834. Authorization of appropriations (a) In general There is authorized to be appropriated to the Authority to carry out this chapter $30,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. (b) Administrative expenses Not more than 5 percent of the amount appropriated under subsection (a) for a fiscal year shall be used for administrative expenses of the Authority. (c) Minimum State share of grants Notwithstanding any other provision of this chapter, for any fiscal year, the aggregate amount of grants received by a State and all persons or entities in the State under this chapter shall be not less than 1/3 (1) the aggregate amount of grants under this chapter for the fiscal year; and (2) the ratio that— (A) the population of the State (as determined by the Secretary of Commerce based on the most recent decennial census for which data are available); bears to (B) the population of the region (as so determined). 3835. Termination of authority The authority provided by this chapter terminates effective October 1, 2018. C General provisions 3901. Full faith and credit (a) In general A contract of insurance or guarantee executed by the Secretary under this title shall be an obligation supported by the full faith and credit of the United States. (b) Contestability A contract of insurance or guarantee executed by the Secretary under this title shall be incontestable except for fraud or misrepresentation that the lender or any holder— (1) has actual knowledge of at the time the contract of insurance or guarantee is executed; or (2) participates in or condones. 3902. Purchase and sale of guaranteed portions of loans (a) In general Subject to subsections (b) and (c), the Secretary may purchase, on such terms and conditions as the Secretary considers appropriate, the guaranteed portion of a loan guaranteed under this title, if the Secretary determines that an adequate secondary market is not available in the private sector. (b) Maximum payment The Secretary may not pay for any guaranteed portion of a loan under subsection (a) in excess of an amount equal to the unpaid principal balance and accrued interest on the guaranteed portion of the loan. (c) Sources of funding The Secretary may use for the purchases— (1) funds from the Rural Development Insurance Fund with respect to rural development loans (as defined in section 3704(a)); and (2) funds from the Agricultural Credit Insurance Fund with respect to all other loans under this title. (d) Sale of guaranteed loans (1) Sales (A) Regulation (i) In general The guaranteed portion of any loan made under this title may be sold by the lender, and by any subsequent holder, in accordance with such regulations governing the sales as the Secretary shall establish, subject to clauses (ii) and (iii). (ii) Fees to be paid in full All fees due the Secretary with respect to a guaranteed loan shall be paid in full before any sale. (iii) Loan to be fully disbursed The loan shall be fully disbursed to the borrower before the sale. (B) Post-sale After a loan is sold in the secondary market, the lender shall— (i) remain obligated under the guarantee agreement of the lender with the Secretary; and (ii) continue to service the loan in accordance with the terms and conditions of that agreement. (C) Procedures The Secretary shall develop such procedures as are necessary for— (i) the facilitation, administration, and promotion of secondary market operations; and (ii) determining the increase of access of farmers to capital at reasonable rates and terms as a result of secondary market operations. (D) Rights to prepay This subsection does not impede or extinguish— (i) the right of the borrower or the successor in interest to the borrower to prepay (in whole or in part) any loan made under this title; or (ii) the rights of any party under any provision of this title. (2) Issue pool certificates (A) In general The Secretary may, directly or through a market maker approved by the Secretary, issue pool certificates representing ownership of part or all of the guaranteed portion of any loan guaranteed by the Secretary under this title. (B) Approval Certificates under subparagraph (A) shall be based on and backed by a pool established or approved by the Secretary and composed solely of the entire guaranteed portion of the loans. (C) Guarantee of pool On such terms and conditions as the Secretary considers appropriate, the Secretary may guarantee the timely payment of the principal and interest on pool certificates issued on behalf of the Secretary by approved market makers for purposes of this subsection. (D) Limitations A guarantee under subparagraph (C) shall be limited to the extent of principal and interest on the guaranteed portions of loans that compose the pool. (E) Prepayment If a loan in a pool is prepaid, either voluntarily or by reason of default, the guarantee of timely payment of principal and interest on the pool certificates shall be reduced in proportion to the amount of principal and interest that the prepaid loan represents in the pool. (F) Interest accrual Interest on prepaid or defaulted loans shall accrue and be guaranteed by the Secretary only through the date of payment on the guarantee. (G) Redemption During the term of the pool certificate, the certificate may be called for redemption due to prepayment or default of all loans constituting the pool. (H) Full faith and credit The full faith and credit of the United States is pledged to the payment of all amounts that may be required to be paid under any guarantee of the pool certificates issued by approved market makers under this subsection. (I) Fees (i) In general The Secretary shall not collect any fee for any guarantee under this subsection. (ii) Secretarial functions Clause (i) does not preclude the Secretary from collecting a fee for the functions described in paragraph (3). (J) Default Not later than 30 days after a borrower of a guaranteed loan is in default of any principal or interest payment due for 60 days or more, the Secretary shall— (i) purchase the pool certificates representing ownership of the guaranteed portion of the loan; and (ii) pay the registered holder of the certificates an amount equal to the guaranteed portion of the loan represented by the certificate. (K) Payment of claims If the Secretary pays a claim under a guarantee issued under this subsection, the claim shall be subrogated fully to the rights satisfied by the payment, as may be provided by the Secretary. (L) Application of laws No State or local law, and no Federal law, shall preclude or limit the exercise by the Secretary of the ownership rights of the Secretary in the portions of loans constituting the pool against which the certificates are issued. (3) Duties of the Secretary (A) In general On the adoption of final rules and regulations, the Secretary shall— (i) provide for the central collection of registration information from all participating market makers for all loans and pool certificates sold under paragraphs (1) and (2), including, with respect to each original sale and any subsequent sale— (I) identification of the interest rate paid by the borrower to the lender; (II) the servicing fee of the lender; (III) disclosure of whether interest on the loan is at a fixed or variable rate; (IV) identification of each purchaser of a pool certificate; (V) the interest rate paid on the certificate; and (VI) such other information as the Secretary considers appropriate. (ii) before any sale, require the seller (as defined in subparagraph (B)) to disclose to each prospective purchaser of the portion of a loan guaranteed under this title and to each prospective purchaser of a pool certificate issued under paragraph (2) information on the terms, conditions, and yield of such instrument; (iii) provide for adequate custody of any pooled guaranteed loans; (iv) take such actions as are necessary, in restructuring pools of the guaranteed portion of loans, to minimize the estimated costs of paying claims under guarantees issued under this subsection; (v) require each market maker— (I) to service all pools formed, and participations sold, by the market maker; and (II) to provide the Secretary with information relating to the collection and disbursement of all periodic payments, prepayments, and default funds from lenders, to or from the reserve fund that the Secretary shall establish to enable the timely payment guarantee to be self-funding, and from all beneficial holders; and (vi) regulate market makers in pool certificates sold under this subsection. (B) Definition of seller For purposes of subparagraph (A)(ii), if the instrument being sold is a loan, the term seller (i) the person who made the loan; or (ii) any person who sells 3 or fewer guaranteed loans per year. (4) Contract for services The Secretary may contract for goods and services to be used for the purposes of this subsection without regard to titles 5, 40, and 41, United States Code (including any regulations issued under those titles). 3903. Administration (a) Powers of secretary The Secretary may— (1) (A) administer the powers and duties of the Secretary through such national, area, State, or local offices and employees in the United States as the Secretary determines to be necessary; and (B) authorize an office to serve an area composed of 2 or more States if the Secretary determines that the volume of business in the area is not sufficient to justify separate State offices; (2) (A) accept and use voluntary and uncompensated services; and (B) with the consent of the agency concerned, use the officers, employees, equipment, and information of any agency of the Federal Government, or of any State, territory, or political subdivision; (3) subject to appropriations, make necessary expenditures for the purchase or hire of passenger vehicles, and such other facilities and services as the Secretary may from time to time find necessary for the proper administration of this title; (4) subject to subsection (b), compromise, adjust, reduce, or charge-off debts or claims (including debts and claims arising from loan guarantees), and adjust, modify, subordinate, or release the terms of security instruments, leases, contracts, and agreements entered into or administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, the Rural Business-Cooperative Service, or successor agencies under this title, except for activities conducted under the Housing Act of 1949 42 U.S.C. 1441 et seq. (5) release mortgage and other contract liens if it appears that the mortgage and liens have no present or prospective value or that the enforcement of the mortgage and liens likely would be ineffectual or uneconomical; (6) obtain fidelity bonds protecting the Federal Government against fraud and dishonesty of officers and employees of the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service in lieu of faithful performance of duties bonds under section 14 (7) consent to— (A) long-term leases of facilities financed under this title notwithstanding the failure of the lessee to meet any of the requirements of this title if the long-term leases are necessary to ensure the continuation of services for which financing was extended to the lessor; and (B) the transfer of property securing any loan or financed by any loan or grant made or guaranteed by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service under this title, or any other law administered by the Secretary, on such terms as the Secretary considers necessary to carry out the purpose of the loan or grant or to protect the financial interest of the Federal Government, provided that the Secretary shall document the consent of the Secretary for the transfer of the property of a borrower in the file of the borrower; and (8) notwithstanding that an area ceases, or has ceased, to be rural, in a rural area, or an eligible area, make loans and grants, and approve transfers and assumptions, under this title on the same basis as though the area still was rural in connection with property securing any loan made or guaranteed by the Secretary under this title or in connection with any property held by the Secretary under this title. (b) Loan adjustments (1) No liquidation of property The Secretary may not require liquidation of property securing any farmer program loan or acceleration of any payment required under any farmer program loan as a prerequisite to initiating an action authorized under subsection (a). (2) Release of personal liability (A) In general Except as provided in subparagraph (B), the Secretary may release a borrower or other person obligated on a debt (other than debt incurred under the Housing Act of 1949 42 U.S.C. 1441 et seq. (B) Exception No compromise, adjustment, reduction, or charge-off of any claim may be made or carried out after the claim has been referred to the Attorney General, unless the Attorney General approves. (3) Rural electrification security instruments In the case of a security instrument entered into under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.), the Secretary shall notify the Attorney General of the intent of the Secretary to exercise the authority of the Secretary under paragraph (2). (c) Simplified application forms for loan guarantees (1) In general The Secretary shall provide to lenders a short, simplified application form for guarantees under this title of— (A) farmer program loans the principal amount of which is $125,000 or less; and (B) business and industry guaranteed loans under section 3601(a)(2)(A) the principal amount of which is— (i) in the case of a loan guarantee made during fiscal year 2002 or 2003, $400,000 or less; and (ii) in the case of a loan guarantee made during any subsequent fiscal year— (I) $400,000 or less; or (II) if the Secretary determines that there is not a significant increased risk of a default on the loan, $600,000 or less. (2) Water and waste disposal grants and loans The Secretary shall develop an application process that accelerates, to the maximum extent practicable, the processing of applications for water and waste disposal grants or direct or guaranteed loans under section 3501(a)(1) the grant award amount or principal loan amount, respectively, of which is $300,000 or less. (3) Administration In developing an application under this subsection, the Secretary shall— (A) consult with commercial and cooperative lenders; and (B) ensure that— (i) the form can be completed manually or electronically, at the option of the lender; (ii) the form minimizes the documentation required to accompany the form; (iii) the cost of completing and processing the form is minimal; and (iv) the form can be completed and processed in an expeditious manner. (d) Use of attorneys for prosecution or defense of claims The Secretary may use for the prosecution or defense of any claim or obligation described in subsection (a)(5) the Attorney General, the General Counsel of the Department, or a private attorney who has entered into a contract with the Secretary. (e) Private collection agency The Secretary may use a private collection agency to collect a claim or obligation described in subsection (a)(5). (f) Security servicing (1) In general The Secretary may— (A) make advances, without regard to any loan or total indebtedness limitation, to preserve and protect the security for, or the lien or priority of the lien securing any loan or other indebtedness owing to or acquired by the Secretary under this title or under any other program administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service applicable program, as determined by the Secretary; and (B) (i) bid for and purchase at any execution, foreclosure, or other sale or otherwise acquire property on which the United States has a lien by reason of a judgment or execution arising from, or that is pledged, mortgaged, conveyed, attached, or levied on to secure the payment of, the indebtedness regardless of whether the property is subject to other liens; (ii) accept title to any property so purchased or acquired; and (iii) sell, manage, or otherwise dispose of the property in accordance with this subsection. (2) Operation or lease of realty Except as provided in subsections (c) and (e), real property administered under this title may be operated or leased by the Secretary for such period as the Secretary may consider necessary to protect the investment of the Federal Government in the property. (g) Payments to lenders (1) Requirement Not later than 90 days after a court of competent jurisdiction confirms a plan of reorganization under chapter 12 (2) Payment toward loan guarantee Any amount paid to a lender under this subsection with respect to a loan guaranteed under this title shall be treated as payment towards satisfaction of the loan guarantee. 3904. Loan moratorium and policy on foreclosures (a) In general In addition to any other authority that the Secretary may have to defer principal and interest and forgo foreclosure, the Secretary may permit, at the request of the borrower, the deferral of principal and interest on any outstanding loan made or guaranteed by the Secretary under this title, or under any other law administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service, and may forgo foreclosure of the loan, for such period as the Secretary considers necessary on a showing by the borrower that, due to circumstances beyond the control of the borrower, the borrower is temporarily unable to continue making payments of the principal and interest when due without unduly impairing the standard of living of the borrower. (b) Interest (1) In general Except as provided in paragraph (2), the Secretary may permit any loan deferred under this section to bear no interest during or after the deferral period. (2) Exception If the security instrument securing the loan is foreclosed, such interest as is included in the purchase price at the foreclosure shall become part of the principal and draw interest from the date of foreclosure at the rate prescribed by law. (c) Moratorium regarding civil rights claims (1) In general Except as otherwise provided in this subsection, effective beginning on May 22, 2008, there shall be in effect a moratorium, with respect to farmer program loans made under subtitle A, on all acceleration and foreclosure proceedings instituted by the Department against any farmer who— (A) has pending against the Department a claim of program discrimination that is accepted by the Department as valid; or (B) files a claim of program discrimination that is accepted by the Department as valid. (2) Waiver of interest and offsets During the period of the moratorium, the Secretary shall waive the accrual of interest and offsets on all farmer program loans made under subtitle A, B, or C for which loan acceleration or foreclosure proceedings have been suspended under paragraph (1). (3) Termination of moratorium The moratorium shall terminate with respect to a claim of discrimination by a farmer on the earlier of— (A) the date the Secretary resolves the claim; or (B) if the farmer appeals the decision of the Secretary on the claim to a court of competent jurisdiction, the date that the court renders a final decision on the claim. (4) Failure to prevail If a farmer does not prevail on a claim of discrimination described in paragraph (1), the farmer shall be liable for any interest and offsets that accrued during the period that loan acceleration or foreclosure proceedings have been suspended under paragraph (1). 3905. Oil and gas royalty payments on loans (a) In general The Secretary shall permit a borrower of a loan made or guaranteed under this title to make a prospective payment on the loan with proceeds from— (1) the leasing of oil, gas, or other mineral rights to real property used to secure the loan; or (2) the sale of oil, gas, or other minerals removed from real property used to secure the loan, if the value of the rights to the oil, gas, or other minerals has not been used to secure the loan. (b) Applicability Subsection (a) shall not apply to a borrower of a loan made or guaranteed under this title with respect to which a liquidation or foreclosure proceeding was pending on December 23, 1985. 3906. Taxation (a) In general Except as provided in subsection (b), all property subject to a lien held by the United States or the title to which is acquired or held by the Secretary under this title (other than property used for administrative purposes) shall be subject to taxation by State, territory, district, and local political subdivisions in the same manner and to the same extent as other property is taxed. (b) Exceptions No tax shall be imposed or collected as described in subsection (a) if the tax (whether as a tax on the instrument or in connection with conveying, transferring, or recording the instrument) is based on— (1) the value of any notes or mortgages or other lien instruments held by or transferred to the Secretary; (2) any notes or lien instruments administered under this title that are made, assigned, or held by a person otherwise liable for the tax; or (3) the value of any property conveyed or transferred to the Secretary. (c) Failure To pay or collect tax The failure to pay or collect a tax under subsection (a) shall not— (1) be a ground for— (A) refusal to record or file an instrument; or (B) failure to provide notice; or (2) prevent the enforcement of the instrument in any Federal or State court. 3907. Conflicts of interest (a) Acceptance of consideration prohibited No officer, attorney, or other employee of the Department shall, directly or indirectly, be the beneficiary of or receive any fee, commission, gift, or other consideration for or in connection with any transaction or business under this title other than such salary, fee, or other compensation as the officer, attorney, or employee may receive as the officer, attorney, or employee. (b) Acquisition of interest in land prohibited (1) In general Except as provided in paragraph (2), no officer or employee of the Department who acts on or reviews an application made by any person under this title for a loan to purchase land may acquire, directly or indirectly, any interest in the land for a period of 3 years after the date on which the action is taken or the review is made. (2) Former county committee members Paragraph (1) shall not apply to a former member of a county committee on a determination by the Secretary, prior to the acquisition of the interest, that the former member acted in good faith when acting on or reviewing the application. (c) Certifications on loans to family members prohibited No member of a county committee shall knowingly make or join in making any certification with respect to— (1) a loan to purchase any land in which the member, or any person related to the member within the second degree of consanguinity or affinity, has or may acquire any interest; or (2) any applicant related to the member within the second degree of consanguinity or affinity. (d) Penalties Any person violating this section shall, on conviction of the violation, be punished by a fine of not more than $2,000 or imprisonment for not more than 2 years, or both. 3908. Loan summary statements (a) Definition of summary period In this section, the term summary period (b) Issuance of statements On the request of a borrower of a loan made (but not guaranteed) under this title, the Secretary shall issue to the borrower a loan summary statement that reflects the account activity during the summary period for each loan made under this title to the borrower, including— (1) the outstanding amount of principal due on each loan at the beginning of the summary period; (2) the interest rate charged on each loan; (3) the amount of payments made on, and the application of the payments to, each loan during the summary period and an explanation of the basis for the application of the payments; (4) the amount of principal and interest due on each loan at the end of the summary period; (5) the total amount of unpaid principal and interest on all loans at the end of the summary period; (6) any delinquency in the repayment of any loan; (7) a schedule of the amount and date of payments due on each loan; and (8) the procedure the borrower may use to obtain more information concerning the status of the loans. 3909. Certified lenders program (a) Certified lenders program (1) In general The Secretary shall establish a program under which the Secretary shall guarantee loans under this title that are made by lending institutions certified by the Secretary. (2) Certification requirements The Secretary shall certify a lending institution that meets such criteria as the Secretary may prescribe in regulations, including the ability of the institution to properly make, service, and liquidate the loans of the institution. (3) Condition of certification (A) In general As a condition of the certification, the Secretary shall require the institution to undertake to service the loans guaranteed by the Secretary under this section, using standards that are not less stringent than generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders. (B) Monitoring The Secretary shall, at least annually, monitor the performance of each certified lender to ensure that the conditions of the certification are being met. (4) Effect of certification Notwithstanding any other provision of law: (A) Amount of loan guarantee In the case of a loan made or guaranteed under subtitle A, the Secretary shall guarantee 80 percent of a loan made under this section by a certified lending institution as described in paragraph (1), subject to a determination that the borrower of the loan meets the eligibility requirements and such other criteria as may be applicable to loans guaranteed by the Secretary under other provisions of this title. (B) Certifications by lending institutions In the case of loans to be guaranteed by the Secretary under this section, the Secretary shall permit certified lending institutions to make appropriate certifications (as provided by regulations issued by the Secretary)— (i) relating to issues such as creditworthiness, repayment ability, adequacy of collateral, and feasibility of farm operation; and (ii) that the borrower is in compliance with all requirements of law, including regulations issued by the Secretary. (C) Approval process (i) In general The Secretary shall approve or disapprove a guarantee not later than 14 days after the date that the lending institution applies to the Secretary for the guarantee. (ii) Disapproval If the Secretary disapproves the loan application during the 14-day period, the Secretary shall state, in writing, all of the reasons the application was disapproved. (5) Relationship to other requirements Nothing in this section affects the responsibility of the Secretary to certify eligibility, review financial information, and otherwise assess an application. (b) Preferred certified lenders program (1) In general The Secretary shall establish a Preferred Certified Lenders Program for lenders under this title who establish— (A) knowledge of, and experience under, the program established under subsection (a); (B) knowledge of the regulations concerning the guaranteed loan program; and (C) proficiency related to the certified lender program requirements. (2) Revocation of designation (A) In general Subject to subparagraph (B), the designation of a lender as a Preferred Certified Lender shall be revoked at any time— (i) that the Secretary determines that the lender is not adhering to the rules and regulations applicable to the program; or (ii) if the loss experiences of a Preferred Certified Lender are excessive as compared to other Preferred Certified Lenders. (B) Effect A suspension or revocation under subparagraph (A) shall not affect any outstanding guarantee. (3) Condition of certification As a condition of preferred certification, the Secretary shall require the institution to undertake to service the loans guaranteed by the Secretary under this subsection using generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders. (4) Monitoring The Secretary shall, at least annually, monitor the performance of each Preferred Certified Lender to ensure that the conditions of certification are being met. (5) Effect of preferred lender certification (A) In general Notwithstanding any other provision of law, the Secretary shall— (i) guarantee 80 percent of an approved loan made by a certified lending institution as described in this subsection, subject to a determination that the borrower meets the eligibility requirements or such other criteria as may be applicable to loans guaranteed by the Secretary under other provisions of this title; (ii) permit certified lending institutions— (I) to make all decisions, with respect to loans to be guaranteed by the Secretary under this subsection relating to credit worthiness, the closing, monitoring, collection and liquidation of loans; and (II) to accept appropriate certifications, as provided by regulations issued by the Secretary, that the borrower is in compliance with all requirements of law or regulations promulgated by the Secretary; and (iii) be considered to have guaranteed 80 percent of a loan made by a preferred certified lending institution as described in paragraph (1), if the Secretary fails to approve or reject the application of such institution within 14 calendar days after the date that the lending institution presented the application to the Secretary. (B) Requirement If the Secretary rejects an application under subparagraph (A)(iii) during the 14-day period, the Secretary shall state, in writing, the reasons the application was rejected. (c) Administration of certified lenders and preferred certified lenders programs The Secretary may administer the loan guarantee programs under subsections (a) and (b) through central offices established in States or in multi-State areas. 3910. Loans to resident aliens (a) In general Notwithstanding the provisions of this title limiting the making of a loan to a citizen of the United States, the Secretary may make a loan under this title to an alien lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act 8 U.S.C. 1101 et seq. (b) Regulations (1) In general No loan may be made under this title to an alien referred to in subsection (a) until the Secretary issues regulations establishing the terms and conditions under which the alien may receive the loan. (2) Requirement The Secretary shall submit the regulations to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate at least 30 days prior to the date on which the regulations are published in the Federal Register. 3911. Expedited clearing of title to inventory property (a) In general The Secretary may employ local attorneys, on a case-by-case basis, to process all legal procedures necessary to clear the title to foreclosed properties in the inventory of the Department. (b) Compensation Attorneys shall be compensated at not more than the usual and customary charges of the attorneys for the work. 3912. Transfer of land to Secretary The President may at any time, in the discretion of the President, transfer to the Secretary any right, interest, or title held by the United States in any land acquired in the program of national defense and no longer needed for that purpose that the President finds suitable for the purposes of this title, and the Secretary shall dispose of the transferred land in the manner and subject to the terms and conditions of this title. 3913. Competitive sourcing limitations The Secretary may not complete a study of, or enter into a contract with a private party to carry out, without specific authorization in a subsequent Act of Congress, a competitive sourcing activity of the Secretary, including support personnel of the Department, relating to rural development or farmer program loans. 3914. Regulations The Secretary may issue such regulations, prescribe such terms and conditions for making or guaranteeing loans, security instruments, and agreements, except as otherwise specified in this title, and make such delegations of authority as the Secretary considers necessary to carry out this title. . 6002. Conforming amendments (a) Section 17(c) of the Rural Electrification Act of 1936 ( 7 U.S.C. 917(c) (1) Subtitle B of the Consolidated Farm and Rural Development Act. . (b) Section 305(c)(2)(B)(i)(I) of the Rural Electrification Act of 1936 (7 U.S.C. 935(c)(2)(B)(i)(I)) is amended by striking section 307(a)(3)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1927(a)(3)(A) section 3701(b)(2) of the Consolidated Farm and Rural Development Act (c) Section 306F(a)(1) of the Rural Electrification Act of 1936 ( 7 U.S.C. 936f(a)(1) (B) chapter 1 of subtitle B of the Consolidated Farm and Rural Development Act. . (d) Section 2333(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–2(d)) is amended— (1) in paragraph (11), by adding and (2) by striking paragraph (12); and (3) by redesignating paragraph (13) as paragraph (12). (e) Section 601(b) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(b) (f) Section 602(5) of the Emergency Livestock Feed Assistance Act of 1988 ( 7 U.S.C. 1471(5) section 355(e)(1)(D)(ii) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1985(e)(1)(D)(ii) section 3409(c)(1)(A) of the Consolidated Farm and Rural Development Act) (g) Section 508 of the Federal Crop Insurance Act ( 7 U.S.C. 1508 (1) in subsection (b)(7)(A), by striking section 371 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008f section 3424 of the Consolidated Farm and Rural Development Act (2) in subsection (n)(2), by striking subtitle C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961 et seq. chapter 3 of subtitle A of the Consolidated Farm and Rural Development Act (h) Section 231(a) of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a(a) (1) in paragraph (1), by striking section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) section 3002 of the Consolidated Farm and Rural Development Act (2) in paragraph (4), by striking section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) section 3002 of the Consolidated Farm and Rural Development Act (i) Section 14204(a) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 2008q–1(a) an entity described in section 379C(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008q(a) an entity determined by the Secretary (j) Section 607(c)(6) of the Rural Development Policy Act of 1972 ( 7 U.S.C. 2204b(c)(6) (1) by striking , and and any (2) by striking required under section 306(a)(12) of the Consolidated Farm and Rural Development Act (k) Section 901(b) of the Agricultural Act of 1970 ( 7 U.S.C. 2204b–1(b) rural areas as defined in the private business enterprise exception in section 306(a)(7) of the Consolidated Farmers Home Administration Act of 1961, as amended ( 7 U.S.C. 1926 rural areas, as defined in section 3002 of the Consolidated Farm and Rural Development Act (l) Section 14220 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 2206b section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act) section 3002 of the Consolidated Farm and Rural Development Act) (m) Section 2501(c)(2)(D) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(c)(2)(D)) is amended by striking sections 355(a)(1) and 355(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(a)(1)) paragraphs (1) and (3) of section 3416(a) of the Consolidated Farm and Rural Development Act (n) Section 2501A(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279–1(b)) is amended by striking section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) section 3002 of the Consolidated Farm and Rural Development Act (o) Section 7405(c)(8)(B) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f(c)(8)(B)) is amended by striking section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) section 3002 of the Consolidated Farm and Rural Development Act) (p) Section 1101(d)(2)(A) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711(d)(2)(A)) is amended by striking section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) section 3002 of the Consolidated Farm and Rural Development Act) (q) Section 1302(d)(2)(A) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8752(d)(2)(A)) is amended by striking section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) section 3002 of the Consolidated Farm and Rural Development Act) (r) Section 2375(g) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 6613(g) section 304(b), 306(a), or 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1924(b) subtitle B of the Consolidated Farm and Rural Development Act (s) Section 226B(a)(1) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(a)(1)) is amended by striking section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) section 3002 of the Consolidated Farm and Rural Development Act (t) Section 196(i)(3)(B) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(i)(3)(B)) is amended by striking subtitle C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961 et seq. chapter 3 of subtitle A of the Consolidated Farm and Rural Development Act (u) Section 9009(a)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8109(a)(1) section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) section 3002 of the Consolidated Farm and Rural Development Act (v) Section 9011(c)(2)(B)(v) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(c)(2)(B)(v)) is amended by striking subclause (I) and inserting the following: (I) beginning farmers (as defined in accordance with section 3002 of the Consolidated Farm and Rural Development Act); or . (w) Section 7(b)(2)(B) of the Small Business Act ( 15 U.S.C. 636(b)(2)(B) section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961) section 3301 of the Consolidated Farm and Rural Development Act (x) Section 8(b)(5)(B)(iii)(III)(bb) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)(B)(iii)(III)(bb)) is amended by striking section 355(e)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)(1)) section 3002 of the Consolidated Farm and Rural Development Act) (y) Section 10(b)(3) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2106(b)(3) set out in the first clause of section 306(a)(7) of the Consolidated Farm and Rural Development Act given the term in section 3002 of the Consolidated Farm and Rural Development Act (z) Section 1201(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a)(2) section 343(a)(8) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(8)) section 3002 of the Consolidated Farm and Rural Development Act (aa) Section 1238(2) of the Food Security Act of 1985 ( 16 U.S.C. 3838(2) section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)) section 3002 of the Consolidated Farm and Rural Development Act (bb) Section 5 of Public Law 91–229 25 U.S.C. 492 section 307(a)(3)(B) of the Consolidated Farmers Home Administration Act of 1961, as amended, and to the provisions of subtitle D of that Act except sections 340, 341, 342, and 343 3105(b)(2) of the Consolidated Farm and Rural Development Act (cc) Section 6(c) of Public Law 91–229 25 U.S.C. 493(c) section 333B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1983b subtitle H of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6991 et seq. (dd) Section 181(a)(2)(B)(ii) of the Internal Revenue Code of 1986 is amended by striking section 2009aa–1 of title 7, United States Code section 3801 of the Consolidated Farm and Rural Development Act (ee) Section 515(b)(3) of the Housing Act of 1949 ( 42 U.S.C. 1485(b)(3) all the provisions of section 309 and the second and third sentences of section 308 of the Consolidated Farmers Home Administration Act of 1961, including the authority in section 309(f)(1) of that Act section 3401 of the Consolidated Farm and Rural Development Act (ff) Section 517(b) of the Housing Act of 1949 ( 42 U.S.C. 1487(b) ( 7 U.S.C. 1929 under section 3401 of the Consolidated Farm and Rural Development Act (gg) Section 3(8) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122(8) (1) by striking subparagraph (B) and inserting the following: (B) the Delta Regional Authority established under chapter 4 of subtitle B of the Consolidated Farm and Rural Development Act; ; and (2) by striking subparagraph (D) and inserting the following: (D) the Northern Great Plains Regional Authority established under chapter 5 of subtitle B of the Consolidated Farm and Rural Development Act. . (hh) Section 310(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5153(a)) is amended by striking paragraph (4) and inserting the following: (4) Chapter 1 of subtitle B of the Consolidated Farm and Rural Development Act. . (ii) Section 582(d)(1) of the National Flood Insurance Reform Act of 1994 ( 42 U.S.C. 5154a(d)(1) section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) section 3301(b) of the Consolidated Farm and Rural Development Act (jj) Section 213(c)(1) of the Biomass Energy and Alcohol Fuels Act of 1980 ( 42 U.S.C. 8813(c)(1) section 309 of the Consolidated Farm and Rural Development Act or the Rural Development Insurance Fund in section 309A of such Act under section 3401 of the Consolidated Farm and Rural Development Act or the Rural Development Insurance Fund under section 3704 of that Act (kk) Section 1323(b)(2) of the Food Security Act of 1985 ( Public Law 99–198 (1) in subparagraph (A), by inserting and (2) in subparagraph (B), by striking ; and (3) by striking subparagraph (C). B Rural electrification 6101. Definition of rural area Section 13(3) of the Rural Electrification Act of 1936 (7 U.S.C. 913(A)) is amended by striking subparagraph (A) and inserting the following: (A) any area described in section 3002(28)(A)(i) of the Consolidated Farm and Rural Development Act; and . 6102. Guarantees for bonds and notes issued for electrification or telephone purposes Section 313A(f) of the Rural Electrification Act of 1936 ( 7 U.S.C. 940c–1(f) 2012 2018 6103. Expansion of 911 access Section 315(d) of the Rural Electrification Act of 1936 ( 7 U.S.C. 940e(d) 2012 2018 6104. Access to broadband telecommunications services in rural areas Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb (1) in subsection (a), by striking loans and grants, loans, and (2) in subsection (b), by striking paragraph (3) and inserting the following: (3) Rural area The term rural area ; (3) in subsection (c)— (A) in the subsection heading, by striking Loans and Grants, loans, and (B) in paragraph (1), by inserting make grants and Secretary shall (C) by striking paragraph (2) and inserting the following: (2) Priority (A) In general In making grants, loans, or loan guarantees under paragraph (1), the Secretary shall— (i) establish not less than 2, and not more than 4, evaluation periods for each fiscal year to compare grant, loan, and loan guarantee applications and to prioritize grants, loans, and loan guarantees to all or part of rural communities that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e); (ii) give the highest priority to applicants that offer to provide broadband service to the greatest proportion of unserved rural households or rural households that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e), as— (I) certified by the affected community, city, county, or designee; or (II) demonstrated on— (aa) the broadband map of the affected State if the map contains address-level data; or (bb) the National Broadband Map if address-level data is unavailable; and (iii) provide equal consideration to all qualified applicants, including those that have not previously received grants, loans, or loan guarantees under paragraph (1). (B) Other After giving priority to the applicants described in subparagraph (A), the Secretary shall then give priority to projects that serve rural communities— (i) with a population of less than 20,000 permanent residents; (ii) experiencing outmigration; (iii) with a high percentage of low-income residents; and (iv) that are isolated from other significant population centers. ; and (D) by adding at the end the following: (3) Grant amounts (A) Eligibility To be eligible for a grant under this section, the project that is the subject of the grant shall be carried out in a rural area. (B) Maximum Except as provided in subparagraph (D), the amount of any grant made under this section shall not exceed 50 percent of the development costs of the project for which the grant is provided. (C) Grant rate The Secretary shall establish the grant rate for each project in accordance with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have— (i) remote locations; (ii) low community populations; (iii) low income levels; (iv) developed the applications of the communities with the participation of combinations of stakeholders, including— (I) State, local, and tribal governments; (II) nonprofit institutions; (III) institutions of higher education; (IV) private entities; and (V) philanthropic organizations; and (v) targeted funding to provide the minimum acceptable level of broadband service established under subsection (e) in all or part of an unserved community that is below that minimum acceptable level of broadband service. (D) Secretarial authority to adjust The Secretary may make grants of up to 75 percent of the development costs of the project for which the grant is provided to an eligible entity if the Secretary determines that the project serves a remote or low income area that does not have access to broadband service from any provider of broadband service (including the applicant). ; (4) in subsection (d)— (A) in paragraph (1)(A)— (i) in the matter preceding clause (i), by striking loan or grant, loan, or (ii) by striking clause (i) and inserting the following: (i) demonstrate the ability to furnish, improve in order to meet the minimum acceptable level of broadband service established under subsection (e), or extend broadband service to all or part of an unserved rural area or an area below the minimum acceptable level of broadband service established under subsection (e); ; (iii) in clause (ii), by striking a loan application an application (iv) in clause (iii)— (I) by striking the loan application the application (II) by striking proceeds from the loan made or guaranteed under this section are assistance under this section is (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i)— (aa) by striking the proceeds of a loan made or guaranteed assistance (bb) by striking for the loan or loan guarantee of the eligible entity (II) in clause (i), by striking is offered broadband service by not more than 1 incumbent service provider are unserved or have service levels below the minimum acceptable level of broadband service established under subsection (e) (III) in clause (ii), by striking 3 2 (ii) by striking subparagraph (B) and inserting the following: (B) Adjustments (i) Increase The Secretary may increase the household percentage requirement under subparagraph (A)(i) if— (I) more than 25 percent of the costs of the project are funded by grants made under this section; or (II) the proposed service territory includes 1 or more communities with a population in excess of 20,000. (ii) Reduction The Secretary may reduce the household percentage requirement under subparagraph (A)(i)— (I) to not less than 15 percent, if the proposed service territory does not have a population in excess of 5,000 people; or (II) to not less than 18 percent, if the proposed service territory does not have a population in excess of 7,500 people. ; and (iii) in subparagraph (C)— (I) in the subparagraph heading, by striking 3 2 (II) in clause (i), by inserting the minimum acceptable level of broadband service established under subsection (e) in service to (C) in paragraph (3)— (i) in subparagraph (A), by striking loan or grant, loan, or (ii) in subparagraph (B), by adding at the end the following: (iii) Information Information submitted under this subparagraph shall be— (I) certified by the affected community, city, county, or designee; and (II) demonstrated on— (aa) the broadband map of the affected State if the map contains address-level data; or (bb) the National Broadband Map if address-level data is unavailable. ; (D) in paragraph (4)— (i) by striking Subject to paragraph (1), (A) In general Subject to paragraph (1) and subparagraph (B), ; (ii) by striking loan or grant, loan, or (iii) by adding at the end the following: (B) Pilot programs The Secretary may carry out pilot programs in conjunction with interested entities described in subparagraph (A) (which may be in partnership with other entities, as determined appropriate by the Secretary) to address areas that are unserved or have service levels below the minimum acceptable level of broadband service established under subsection (e). ; (E) in paragraph (5)— (i) in the matter preceding subparagraph (A), by striking loan or grant, loan, or (ii) in subparagraph (C), by inserting , and proportion relative to the service territory, estimated number (F) in paragraph (6), by striking loan or grant, loan, or (G) in paragraph (7), by striking a loan application an application (H) by adding at the end the following: (8) Transparency and reporting The Secretary— (A) shall require any entity receiving assistance under this section to submit quarterly, in a format specified by the Secretary, a report that describes— (i) the use by the entity of the assistance, including new equipment and capacity enhancements that support high-speed broadband access for educational institutions, health care providers, and public safety service providers (including the estimated number of end users who are currently using or forecasted to use the new or upgraded infrastructure); and (ii) the progress towards fulfilling the objectives for which the assistance was granted, including— (I) the number and location of residences and businesses that will receive new broadband service, existing network service improvements, and facility upgrades resulting from the Federal assistance; (II) the speed of broadband service; (III) the price of broadband service; (IV) any changes in broadband service adoption rates, including new subscribers generated from demand-side projects; and (V) any other metrics the Secretary determines to be appropriate; (B) shall maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains, at a minimum— (i) a list of each entity that has applied for assistance under this section; (ii) a description of each application, including the status of each application; (iii) for each entity receiving assistance under this section— (I) the name of the entity; (II) the type of assistance being received; (III) the purpose for which the entity is receiving the assistance; and (IV) each quarterly report submitted under subparagraph (A); and (iv) such other information as is sufficient to allow the public to understand and monitor assistance provided under this section; (C) shall, in addition to other authority under applicable law, establish written procedures for all broadband programs administered by the Secretary that, to the maximum extent practicable— (i) recover funds from loan defaults; (ii) (I) deobligate awards to grantees that demonstrate an insufficient level of performance (including failure to meet build-out requirements, service quality issues, or other metrics determined by the Secretary) or wasteful or fraudulent spending; and (II) award those funds, on a competitive basis, to new or existing applicants consistent with this section; and (iii) consolidate and minimize overlap among the programs; (D) with respect to an application for assistance under this section, shall— (i) promptly post on the website of the Rural Utility Service— (I) an announcement that identifies— (aa) each applicant; (bb) the amount and type of support requested by each applicant; and (II) a list of the census block groups or proposed service territory, in a manner specified by the Secretary, that the applicant proposes to service; (ii) provide not less than 15 days for broadband service providers to voluntarily submit information about the broadband services that the providers offer in the groups or tracts listed under clause (i)(II) so that the Secretary may assess whether the applications submitted meet the eligibility requirements under this section; and (iii) if no broadband service provider submits information under clause (ii), consider the number of providers in the group or tract to be established by reference to— (I) the most current National Broadband Map of the National Telecommunications and Information Administration; or (II) any other data regarding the availability of broadband service that the Secretary may collect or obtain through reasonable efforts; and (E) may establish additional reporting and information requirements for any recipient of any assistance under this section so as to ensure compliance with this section. ; (5) in subsection (e)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by striking paragraph (1) and inserting the following: (1) In general Subject to paragraph (2), for purposes of this section, the minimum acceptable level of broadband service for a rural area shall be at least— (A) a 4-Mbps downstream transmission capacity; and (B) a 1-Mbps upstream transmission capacity. (2) Adjustments (A) In general At least once every 2 years, the Secretary shall review, and may adjust, the minimum acceptable level of broadband service established under paragraph (1) to ensure that high quality, cost-effective broadband service is provided to rural areas over time. (B) Considerations In making an adjustment to the minimum acceptable level of broadband service under subparagraph (A), the Secretary may consider establishing different transmission rates for fixed broadband service and mobile broadband service. ; (6) in subsection (f), by striking make a loan or loan guarantee provide assistance (7) in subsection (g), by striking paragraph (2) and inserting the following: (2) Terms In determining the term and conditions of a loan or loan guarantee, the Secretary may— (A) consider whether the recipient would be serving an area that is unserved; and (B) if the Secretary makes a determination in the affirmative under subparagraph (A), establish a limited initial deferral period or comparable terms necessary to achieve the financial feasibility and long-term sustainability of the project. ; (8) in subsection (j)— (A) in the matter preceding paragraph (1), by striking loan and loan guarantee (B) in paragraph (1)— (i) by inserting grants and number of (ii) by inserting , including any loan terms or conditions for which the Secretary provided additional assistance to unserved areas (C) in paragraph (2)— (i) in subparagraph (A), by striking loan (ii) in subparagraph (B), by striking loans and grants, loans, and (D) in paragraph (3), by striking loan (E) in paragraph (5), by striking and (F) in paragraph (6), by striking the period at the end and inserting ; and (G) by adding at the end the following: (7) the overall progress towards fulfilling the goal of improving the quality of rural life by expanding rural broadband access, as demonstrated by metrics, including— (A) the number of residences and businesses receiving new broadband services; (B) network improvements, including facility upgrades and equipment purchases; (C) average broadband speeds and prices on a local and statewide basis; (D) any changes in broadband adoption rates; and (E) any specific activities that increased high speed broadband access for educational institutions, health care providers. and public safety service providers. ; and (9) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; (10) by inserting after subsection (j) the following: (k) Broadband buildout data (1) In general As a condition of receiving a grant, loan, or loan guarantee under this section, a recipient of assistance shall provide to the Secretary address-level broadband buildout data that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee— (A) for purposes of inclusion in the semiannual updates to the National Broadband Map that is managed by the National Telecommunications and Information Administration (referred to in this subsection as the Administration (B) not later than 30 days after the earlier of— (i) the date of completion of any project milestone established by the Secretary; or (ii) the date of completion of the project. (2) Address-level data Effective beginning on the date the Administration receives data described in paragraph (1), the Administration shall use only address-level broadband buildout data for the National Broadband Map. (3) Corrections (A) In general The Secretary shall submit to the Administration any correction to the National Broadband Map that is based on the actual level of broadband coverage within the rural area, including any requests for a correction from an elected or economic development official. (B) Incorporation Not later than 30 days after the date on which the Administration receives a correction submitted under subparagraph (A), the Administration shall incorporate the correction into the National Broadband Map. (C) Use If the Secretary has submitted a correction to the Administration under subparagraph (A), but the National Broadband Map has not been updated to reflect the correct by the date on which the Secretary is making a grant or loan award decision under this section, the Secretary may use the correction submitted under that subparagraph for purposes of make the grant or loan award decision. ; (11) subsection ( l (A) in paragraph (1)— (i) by striking $25,000,000 $50,000,000 (ii) by striking 2012 2018 (B) in paragraph (2)(A)— (i) in clause (i), by striking and (ii) in clause (ii), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (iii) set aside at least 1 percent to be used for— (I) conducting oversight under this section; and (II) implementing accountability measures and related activities authorized under this section. ; and (12) in subsection (m) (as redesignated by paragraph (9))— (A) by striking loan or grant, loan, or (B) by striking 2012 2018 C Miscellaneous 6201. Distance learning and telemedicine (a) Authorization of appropriations Section 2335A of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 950aaa–5 2012 2018 (b) Conforming amendment Section 1(b) of Public Law 102–551 2012 2018 6202. Rural energy savings program Subtitle E of title VI of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 116 Stat. 424) is amended by adding at the end the following: 6407. Rural energy savings program (a) Purpose The purpose of this section is to create jobs, promote rural development, and help rural families and small businesses achieve cost savings by providing loans to qualified consumers to implement durable cost-effective energy efficiency measures. (b) Definitions In this section: (1) Eligible entity The term eligible entity (A) any public power district, public utility district, or similar entity, or any electric cooperative described in section 501(c)(12) or 1381(a)(2) of the Internal Revenue Code of 1986, that borrowed and repaid, prepaid, or is paying an electric loan made or guaranteed by the Rural Utilities Service (or any predecessor agency); (B) any entity primarily owned or controlled by 1 or more entities described in subparagraph (A); or (C) any other entity that is an eligible borrower of the Rural Utility Service, as determined under section 1710.101 (2) Energy efficiency measures The term energy efficiency measures (3) Qualified consumer The term qualified consumer (4) Secretary The term Secretary (c) Loans to Eligible Entities (1) In general Subject to paragraph (2), the Secretary shall make loans to eligible entities that agree to use the loan funds to make loans to qualified consumers for the purpose of implementing energy efficiency measures. (2) Requirements (A) In general As a condition of receiving a loan under this subsection, an eligible entity shall— (i) establish a list of energy efficiency measures that is expected to decrease energy use or costs of qualified consumers; (ii) prepare an implementation plan for use of the loan funds, including use of any interest to be received pursuant to subsection (d)(1)(A); (iii) provide for appropriate measurement and verification to ensure— (I) the effectiveness of the energy efficiency loans made by the eligible entity; and (II) that there is no conflict of interest in carrying out this section; and (iv) demonstrate expertise in effective use of energy efficiency measures at an appropriate scale. (B) Revision of list of energy efficiency measures Subject to the approval of the Secretary, an eligible entity may update the list required under subparagraph (A)(i) to account for newly available efficiency technologies. (C) Existing energy efficiency programs An eligible entity that, at any time before the date that is 60 days after the date of enactment of this section, has established an energy efficiency program for qualified consumers may use an existing list of energy efficiency measures, implementation plan, or measurement and verification system of that program to satisfy the requirements of subparagraph (A) if the Secretary determines the list, plan, or systems are consistent with the purposes of this section. (3) No interest A loan under this subsection shall bear no interest. (4) Repayment With respect to a loan under paragraph (1)— (A) the term shall not exceed 20 years from the date on which the loan is closed; and (B) except as provided in paragraph (6), the repayment of each advance shall be amortized for a period not to exceed 10 years. (5) Amount of advances Any advance of loan funds to an eligible entity in any single year shall not exceed 50 percent of the approved loan amount. (6) Special advance for start-up activities (A) In general In order to assist an eligible entity in defraying the appropriate start-up costs (as determined by the Secretary) of establishing new programs or modifying existing programs to carry out subsection (d), the Secretary shall allow an eligible entity to request a special advance. (B) Amount No eligible entity may receive a special advance under this paragraph for an amount that is greater than 4 percent of the loan amount received by the eligible entity under paragraph (1). (C) Repayment Repayment of the special advance— (i) shall be required during the 10-year period beginning on the date on which the special advance is made; and (ii) at the election of the eligible entity, may be deferred to the end of the 10-year period. (7) Limitation All special advances shall be made under a loan described in paragraph (1) during the first 10 years of the term of the loan. (d) Loans to qualified consumers (1) Terms of loans Loans made by an eligible entity to qualified consumers using loan funds provided by the Secretary under subsection (c)— (A) may bear interest, not to exceed 3 percent, to be used for purposes that include— (i) to establish a loan loss reserve; and (ii) to offset personnel and program costs of eligible entities to provide the loans; (B) shall finance energy efficiency measures for the purpose of decreasing energy usage or costs of the qualified consumer by an amount that ensures, to the maximum extent practicable, that a loan term of not more than 10 years will not pose an undue financial burden on the qualified consumer, as determined by the eligible entity; (C) shall not be used to fund purchases of, or modifications to, personal property unless the personal property is or becomes attached to real property (including a manufactured home) as a fixture; (D) shall be repaid through charges added to the electric bill for the property for, or at which, energy efficiency measures are or will be implemented, on the condition that this requirement does not prohibit— (i) the voluntary prepayment of a loan by the owner of the property; or (ii) the use of any additional repayment mechanisms that are— (I) demonstrated to have appropriate risk mitigation features, as determined by the eligible entity; or (II) required if the qualified consumer is no longer a customer of the eligible entity; and (E) shall require an energy audit by an eligible entity to determine the impact of proposed energy efficiency measures on the energy costs and consumption of the qualified consumer. (2) Contractors In addition to any other qualified general contractor, eligible entities may serve as general contractors. (e) Contract for measurement and verification, training, and technical assistance (1) In general Not later than 90 days after the date of enactment of this section, the Secretary— (A) shall establish a plan for measurement and verification, training, and technical assistance of the program; and (B) may enter into 1 or more contracts with a qualified entity for the purposes of— (i) providing measurement and verification activities; and (ii) developing a program to provide technical assistance and training to the employees of eligible entities to carry out this section. (2) Use of subcontractors authorized A qualified entity that enters into a contract under paragraph (1) may use subcontractors to assist the qualified entity in carrying out the contract. (f) Fast Start demonstration projects (1) In general The Secretary shall offer to enter into agreements with eligible entities (or groups of eligible entities) that have energy efficiency programs described in subsection (c)(2)(C) to establish an energy efficiency loan demonstration projects consistent with the purposes of this section. (2) Evaluation criteria In determining which eligible entities to award loans under this section, the Secretary shall take into consideration eligible entities that— (A) implement approaches to energy audits and investments in energy efficiency measures that yield measurable and predictable savings; (B) use measurement and verification processes to determine the effectiveness of energy efficiency loans made by eligible entities; (C) include training for employees of eligible entities, including any contractors of such entities, to implement or oversee the activities described in subparagraphs (A) and (B); (D) provide for the participation of a majority of eligible entities in a State; (E) reduce the need for generating capacity; (F) provide efficiency loans to— (i) in the case of a single eligible entity, not fewer than 20,000 consumers; or (ii) in the case of a group of eligible entities, not fewer than 80,000 consumers; and (G) serve areas in which, as determined by the Secretary, a large percentage of consumers reside— (i) in manufactured homes; or (ii) in housing units that are more than 50 years old. (3) Deadline for implementation To the maximum extent practicable, the Secretary shall enter into agreements described in paragraph (1) by not later than 90 days after the date of enactment of this section. (4) Effect on availability of loans nationally Nothing in this subsection shall delay the availability of loans to eligible entities on a national basis beginning not later than 180 days after the date of enactment of this section. (5) Additional demonstration project authority (A) In general The Secretary may conduct demonstration projects in addition to the project required by paragraph (1). (B) Inapplicability of certain criteria The additional demonstration projects may be carried out without regard to subparagraphs (D), (F), or (G) of paragraph (2). (g) Additional authority The authority provided in this section is in addition to any other authority of the Secretary to offer loans under any other law. (h) Effective Period Subject to the availability of funds and except as otherwise provided in this section, the loans and other expenditures required to be made under this section shall be available until expended, with the Secretary authorized to make new loans as loans are repaid. (i) Regulations (1) In general Except as otherwise provided in this subsection, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate such regulations as are necessary to implement this section. (2) Procedure The promulgation of the regulations and administration of this section shall be made without regard to— (A) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (B) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act (3) Congressional review of agency rulemaking In carrying out this section, the Secretary shall use the authority provided under section 808 (4) Interim regulations Notwithstanding paragraphs (1) and (2), to the extent regulations are necessary to carry out any provision of this section, the Secretary shall implement such regulations through the promulgation of an interim rule. . 6203. Funding of pending rural development loan and grant applications (a) In general The Secretary shall use funds made available under subsection (b) to provide funds for applications that are pending on the date of enactment of this Act in accordance with the terms and conditions of section 6029 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 (b) Funding Notwithstanding any other provision of law, beginning in fiscal year 2014, of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000, to remain available until expended. 6204. Study of rural transportation issues (a) In general The Secretary and the Secretary of Transportation shall jointly conduct a study of transportation issues regarding the movement of agricultural products, domestically produced renewable fuels, and domestically produced resources for the production of electricity for rural areas of the United States, and economic development in those areas. (b) Inclusions The study shall include an examination of— (1) the importance of freight transportation, including rail, truck, and barge, to— (A) the delivery of equipment, seed, fertilizer, and other products important to the development of agricultural commodities and products; (B) the movement of agricultural commodities and products to market; (C) the delivery of ethanol and other renewable fuels; (D) the delivery of domestically produced resources for use in the generation of electricity for rural areas; (E) the location of grain elevators, ethanol plants, and other facilities; (F) the development of manufacturing facilities in rural areas; and (G) the vitality and economic development of rural communities; (2) the sufficiency in rural areas of transportation capacity, the sufficiency of competition in the transportation system, the reliability of transportation services, and the reasonableness of transportation rates; (3) the sufficiency of facility investment in rural areas necessary for efficient and cost-effective transportation; and (4) the accessibility to shippers in rural areas of Federal processes for the resolution of grievances arising within various transportation modes. (c) Report to congress Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Transportation shall submit a report to Congress that contains the results of the study required under subsection (a). (d) Periodic updates The Secretary and the Secretary of Transportation shall publish triennially an updated version of the study described in subsection (a). 6205. Agricultural transportation policy Section 203 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1622 (j) Policy development proceedings The Secretary shall participate on behalf of the interests of agriculture and rural America in all policy development proceedings or other proceedings of the Surface Transportation Board that may establish freight rail transportation policy affecting agriculture and rural America. . VII Research, Extension, and Related Matters A National Agricultural Research, Extension, and Teaching Policy Act of 1977 7101. National Agricultural Research, Extension, Education, and Economics Advisory Board (a) Authorization of appropriations Section 1408(h) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123(h) 2012 2018 (b) Duties of National Agricultural Research, Extension, Education, and Economics Advisory Board Section 1408(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123(c) (1) in paragraph (3), by striking and (2) in paragraph (4)(C), by striking the period at the end and inserting ; and (3) by adding at the end the following: (5) consult with industry groups on agricultural research, extension, education, and economics, and make recommendations to the Secretary based on that consultation. . 7102. Specialty crop committee Section 1408A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a) is amended— (1) in subsection (b)— (A) by striking Individuals (1) Eligibility Individuals ; (B) by striking Members (2) Service Members ; and (C) by adding at the end the following: (3) Diversity Membership of the specialty crops committee shall reflect diversity in the specialty crops represented. ; (2) in subsection (c), by adding at the end the following: (6) Analysis of alignment of specialty crop committee recommendations with specialty crop research initiative grants awarded under section 412(d) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632). ; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (4) by inserting after subsection (c) the following: (d) Consultation with specialty crop industry In studying the scope and effectiveness of programs under subsection (a), the specialty crops committee shall consult on an ongoing basis with diverse sectors of the specialty crop industry. ; and (5) in subsection (f) (as redesignated by paragraph (3)), by striking subsection (d) subsection (e) 7103. Veterinary services grant program The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1415A ( 7 U.S.C. 3151a 1415B. Veterinary services grant program (a) Definitions In this section: (1) Qualified entity The term qualified entity (A) a for-profit or nonprofit entity located in the United States that operates a veterinary clinic providing veterinary services— (i) in a rural area, as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) (ii) in response to a veterinarian shortage situation; (B) a State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association; (C) a college or school of veterinary medicine accredited by the American Veterinary Medical Association; (D) a university research foundation or veterinary medical foundation; (E) a department of veterinary science or department of comparative medicine accredited by the Department of Education; (F) a State agricultural experiment station; and (G) a State, local, or tribal government agency. (2) Veterinarian shortage situation The term veterinarian shortage situation (b) Establishment of program (1) Competitive grants The Secretary shall carry out a program to make competitive grants to qualified entities that carry out programs or activities described in paragraph (2) for the purpose of developing, implementing, and sustaining veterinary services. (2) Eligibility requirements To be eligible to receive a grant described in paragraph (1), a qualified entity shall carry out programs or activities that the Secretary determines will— (A) substantially relieve veterinarian shortage situations; (B) support or facilitate private veterinary practices engaged in public health activities; or (C) support or facilitate the practices of veterinarians who are participating in or have successfully completed a service requirement under section 1415A(a)(2). (c) Award processes and preferences (1) Application, evaluation, and input processes In administering the grant program under this section, the Secretary shall— (A) use an appropriate application and evaluation process, as determined by the Secretary; and (B) seek the input of interested persons. (2) Grant preferences In selecting recipients of grants to be used for any of the purposes described in paragraphs (2) through (6) of subsection (d), the Secretary shall give a preference to qualified entities that provide documentation of coordination with other qualified entities, with respect to any such purpose. (3) Additional preferences In awarding grants under this section, the Secretary may develop additional preferences by taking into account the amount of funds available for grants and the purposes for which the grant funds will be used. (4) Applicability of other provisions Sections 1413B, 1462(a), 1469(a)(3), 1469(c), and 1470 apply to the administration of the grant program under this section. (d) Use of grants To relieve veterinarian shortage situations and support veterinary services A qualified entity may use funds provided by grants under this section to relieve veterinarian shortage situations and support veterinary services for the following purposes: (1) To assist veterinarians with establishing or expanding practices for the purpose of— (A) equipping veterinary offices; (B) sharing in the reasonable overhead costs of the practices, as determined by the Secretary; or (C) establishing mobile veterinary facilities in which a portion of the facilities will address education or extension needs. (2) To promote recruitment (including for programs in secondary schools), placement, and retention of veterinarians, veterinary technicians, students of veterinary medicine, and students of veterinary technology. (3) To allow veterinary students, veterinary interns, externs, fellows, and residents, and veterinary technician students to cover expenses (other than the types of expenses described in 1415A(c)(5)) to attend training programs in food safety or food animal medicine. (4) To establish or expand accredited veterinary education programs (including faculty recruitment and retention), veterinary residency and fellowship programs, or veterinary internship and externship programs carried out in coordination with accredited colleges of veterinary medicine. (5) To assess veterinarian shortage situations and the preparation of applications submitted to the Secretary for designation as a veterinarian shortage situation under section 1415A(b). (6) To provide continuing education and extension, including veterinary telemedicine and other distance-based education, for veterinarians, veterinary technicians, and other health professionals needed to strengthen veterinary programs and enhance food safety. (e) Special requirements for certain grants (1) Terms of service requirements (A) In general Grants provided under this section for the purpose specified in subsection (d)(1) shall be subject to an agreement between the Secretary and the grant recipient that includes a required term of service for the recipient, as established by the Secretary. (B) Considerations In establishing a term of service under subparagraph (A), the Secretary shall consider only— (i) the amount of the grant awarded; and (ii) the specific purpose of the grant. (2) Breach remedies (A) In general An agreement under paragraph (1) shall provide remedies for any breach of the agreement by the grant recipient, including repayment or partial repayment of the grant funds, with interest. (B) Waiver The Secretary may grant a wavier of the repayment obligation for breach of contract if the Secretary determines that the grant recipient demonstrates extreme hardship or extreme need. (C) Treatment of amounts recovered Funds recovered under this paragraph shall— (i) be credited to the account available to carry out this section; and (ii) remain available until expended. (f) Cost-Sharing requirements (1) Recipient share Subject to paragraph (2), to be eligible to receive a grant under this section, a qualified entity shall provide matching non-Federal funds, either in cash or in-kind support, in an amount equal to not less than 25 percent of the Federal funds provided by the grant. (2) Waiver The Secretary may establish, by regulation, conditions under which the cost-sharing requirements of paragraph (1) may be reduced or waived. (g) Prohibition on use of grant funds for construction Funds made available for grants under this section may not be used— (1) to construct a new building or facility; or (2) to acquire, expand, remodel, or alter an existing building or facility, including site grading and improvement and architect fees. (h) Regulations Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate regulations to carry out this section. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2014 and each fiscal year thereafter, to remain available until expended. . 7104. Grants and fellowships for food and agriculture sciences education Section 1417(m) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3152(m) section $60,000,000 section— (1) $60,000,000 for each of fiscal years 1990 through 2013; and (2) $40,000,000 for each of fiscal years 2014 through 2018. . 7105. Agricultural and food policy research centers Section 1419A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3155 (1) in the section heading, by inserting Agricultural and food policy (2) in subsection (a), in the matter preceding paragraph (1)— (A) by striking Secretary may Secretary shall, acting through the Office of the Chief Economist, (B) by inserting with a history of providing unbiased, nonpartisan economic analysis to Congress subsection (b) (3) in subsection (b), by striking other research institutions shall be eligible other public research institutions and organizations shall be eligible (4) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting , with preference given to policy research centers having extensive databases, models, and demonstrated experience in providing Congress with agricultural market projections, rural development analysis, agricultural policy analysis, and baseline projections at the farm, multiregional, national, and international levels, with this section (B) in paragraph (2) by inserting applied theoretical (5) by striking subsection (d) and inserting the following: (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2012 and each fiscal year thereafter. . 7106. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions Section 1419B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3156 (1) in subsection (a)— (A) in paragraph (1), by striking (or grants without regard to any requirement for competition) (B) in paragraph (3), by striking 2012 2018 (2) in subsection (b)(1), by striking (or grants without regard to any requirement for competition) (3) in paragraph (3), by striking 2012 2018 7107. Nutrition education program Section 1425(f) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3175(f) 2012 2018 7108. Continuing animal health and disease research programs Section 1433 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3195 1433. Appropriations for continuing animal health and disease research programs (a) Authorization of appropriations (1) In general There are authorized to be appropriated to support continuing animal health and disease research programs at eligible institutions such sums as are necessary, but not to exceed $25,000,000 for each of fiscal years 1991 through 2018. (2) Use of funds Funds made available under this section shall be used— (A) to meet the expenses of conducting animal health and disease research, publishing and disseminating the results of such research, and contributing to the retirement of employees subject to the Act of March 4, 1940 ( 7 U.S.C. 331 (B) for administrative planning and direction; and (C) to purchase equipment and supplies necessary for conducting research described in subparagraph (A). . 7109. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University Section 1447(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222b(b) 2012 2018 7110. Grants to upgrade agricultural and food sciences facilities and equipment at insular area land-grant institutions Section 1447B(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b–2(d)) is amended by striking 2012 2018 7111. Hispanic-serving institutions Section 1455(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3241(c) 2012 2018 7112. Competitive grants for international agricultural science and education programs Section 1459A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b) is amended by striking subsection (c) and inserting the following: (c) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 1999 through 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. . 7113. University research Section 1463 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended in each of subsections (a) and (b) by striking 2012 2018 7114. Extension service Section 1464 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking 2012 2018 7115. Supplemental and alternative crops (a) Authorization of appropriations and termination Section 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319d (1) in subsection (a), by striking 2012 2018 (2) by adding at the end the following: (e) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 2012 and 2013; and (2) $1,000,000 for each of fiscal years 2014 through 2018. . (b) Competitive grants Section 1473D(c)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319d(c)(1) use such research funding, special or competitive grants, or other means, as the Secretary determines, make competitive grants 7116. Capacity building grants for NLGCA institutions Section 1473F(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) is amended by striking 2012 2018 7117. Aquaculture assistance programs (a) Competitive grants Section 1475(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3322(b) competitive grants (b) Authorization of appropriations Section 1477 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3324 1477. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this subtitle— (1) $7,500,000 for each of fiscal years 1991 through 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. (b) Prohibition on use Funds made available under this section may not be used to acquire or construct a building. . 7118. Rangeland research programs Section 1483(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3336(a) subtitle subtitle— (1) $10,000,000 for each of fiscal years 1991 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 7119. Special authorization for biosecurity planning and response Section 1484(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3351(a) response such sums as are necessary response— (1) such sums as are necessary for each of fiscal years 2002 through 2013; and (2) $20,000,000 for each of fiscal years 2014 through 2018. . 7120. Distance education and resident instruction grants program for insular area institutions of higher education (a) Distance education grants for insular areas (1) Competitive grants Section 1490(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3362(a) or noncompetitive (2) Authorization of appropriations Section 1490(f) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3362(f) section section— (1) such sums as are necessary for each of fiscal years 2002 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . (b) Resident instruction grants for insular areas Section 1491(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)) is amended by striking such sums as are necessary to carry out this section— (1) such sums as are necessary for each of fiscal years 2002 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . B Food, Agriculture, Conservation, and Trade Act of 1990 7201. Best utilization of biological applications Section 1624 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5814 (1) by striking $40,000,000 for each fiscal year (2) by inserting $40,000,000 for each of fiscal years 2014 through 2018 chapter 7202. Integrated management systems Section 1627 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5821) is amended by striking subsection (d) and inserting the following: (d) Authorization of appropriations There is authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2014 through 2018. . 7203. Sustainable agriculture technology development and transfer program Section 1628 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5831 (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2014 through 2018. . 7204. National Training Program Section 1629 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5832 (i) Authorization of appropriations There is authorized to be appropriated to carry out the National Training Program $20,000,000 for each of fiscal years 2014 through 2018. . 7205. National Genetics Resources Program Section 1635(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5844(b) (1) by striking such funds as may be necessary (2) by striking subtitle subtitle— (1) such sums as are necessary for each of fiscal years 1991 through 2013; and (2) $1,000,000 for each of fiscal years 2014 through 2018. . 7206. National Agricultural Weather Information System Section 1641(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5855(c) and $1,000,000 for each of fiscal years 2014 through 2018 7207. High-priority research and extension initiatives Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925 (1) in the first sentence of subsection (a), by striking subsections (e) through (i) of (2) in subsection (b)(2)— (A) by striking the first sentence and inserting the following: (A) In general To facilitate the making of research and extension grants under subsection (d), the Secretary may appoint a task force to make recommendations to the Secretary. ; and (B) in the second sentence, by striking The Secretary may not incur costs in excess of $1,000 for any fiscal year in connection with each (B) Costs The Secretary may not incur costs in excess of $1,000 for any fiscal year in connection with a ; (3) in subsection (e)— (A) by striking paragraphs (1) through (5), (7), (8), (11) through (39), (41) through (43), (47), (48), (51), and (52); (B) by redesignating paragraphs (6), (9), (10), (40), (44), (45), (46), (49), and (50) as paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9), respectively; and (C) by adding at the end the following: (10) Corn, soybean meal, cereal grains, and grain byproducts research and extension Research and extension grants may be made under this section for the purpose of carrying out or enhancing research to improve the digestibility, nutritional value, and efficiency of use of corn, soybean meal, cereal grains, and grain byproducts for the poultry and food animal production industries. ; (4) by striking subsections (f), (g), and (i); (5) by inserting after subsection (e) the following: (f) Pulse health initiative (1) Definitions In this subsection; (A) Initiative The term Initiative (B) Pulse The term pulse (2) Establishment Notwithstanding any other provision of law, during the period beginning on the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (A) research in health and nutrition, such as— (i) identifying global dietary patterns of pulse crops in relation to population health; (ii) researching pulse crop diets and the ability of the diets to reduce obesity and associated chronic disease (including cardiovascular disease, type 2 diabetes, and cancer); and (iii) identifying the underlying mechanisms of the health benefits of pulse crop consumption (including disease biomarkers, bioactive components, and relevant plant genetic components to enhance the health promoting value of pulse crops); (B) research in functionality, such as— (i) improving the functional properties of pulse crops and pulse fractions; (ii) developing new and innovative technologies to improve pulse crops as an ingredient in food products; and (iii) developing nutrient-dense food product solutions to ameliorate chronic disease and enhance food security worldwide; (C) research in sustainability to enhance global food security, such as— (i) plant breeding, genetics and genomics to improve productivity, nutrient density, and phytonutrient content for a growing world population; (ii) pest and disease management, including resistance to pests and diseases resulting in reduced application management strategies; and (iii) improving nitrogen fixation to reduce the carbon and energy footprint of agriculture; (D) optimizing pulse cropping systems to reduce water usage; and (E) education and technical service, such as— (i) providing technical expertise to help food companies include nutrient-dense pulse crops in innovative and healthy foods; and (ii) establishing an educational program to encourage the consumption and production of pulse crops in the United States and other countries. (3) Eligible entities The Secretary may carry out the Initiative through— (A) Federal agencies, including the Agricultural Research Service and the National Institute of Food and Agriculture; (B) National Laboratories; (C) institutions of higher education; (D) research institutions or organizations; (E) private organizations or corporations; (F) State agricultural experiment stations; (G) individuals; or (H) groups consisting of 2 or more entities or individuals described in subparagraphs (A) through (G). (4) Research project grants (A) In general In carrying out this subsection, the Secretary shall award grants on a competitive basis. (B) In general The Secretary shall— (i) seek and accept proposals for grants; (ii) determine the relevance and merit of proposals through a system of peer review, in consultation with the pulse crop industry; and (iii) award grants on the basis of merit, quality, and relevance. (C) Priorities In making grants under this subsection, the Secretary shall provide a higher priority to projects that— (i) are multistate, multiinstitutional, and multidisciplinary; and (ii) include explicit mechanisms to communicate results to the pulse crop industry and the public. (5) Authorization of Appropriations There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2014 through 2018. (g) Training coordination for food and agriculture protection (1) In general The Secretary shall make grants and enter into contracts or cooperative agreements with eligible entities described in paragraph (2) for the purposes of establishing a Comprehensive Food Safety Training Network. (2) Eligibility (A) In general For purposes of this subsection, an eligible entity is a multiinstitutional consortium that includes— (i) a nonprofit institution that provides administering food protection training; and (ii) 1 or more training centers in institutions of higher education that have demonstrated expertise in developing and delivering community-based training in food and agricultural safety and defense. (B) Requirements To ensure that coordination and administration is provided across all the disciplines and provide comprehensive food protection training, the Secretary may only consider an entire consortium collectively rather than on an institution-by-institution basis. (C) Membership An eligible entity may alter the consortium membership to meet specific training expertise needs. (3) Duties of eligible entity As a condition of the receipt of assistance under this subsection, an eligible entity, in cooperation with the Secretary, shall establish and maintain the network for an internationally integrated training system to enhance protection of the United States food supply, including, at a minimum— (A) developing curricula and a training network to provide basic, technical, management, and leadership training to regulatory and public health officials, producers, processors, and other agrifood businesses; (B) serving as the hub for the administration of an open training network; (C) implementing standards to ensure the delivery of quality training through a national curricula; (D) building and overseeing a nationally recognized instructor cadre to ensure the availability of highly qualified instructors; (E) reviewing training proposed through the National Institute of Food and Agriculture and other relevant Federal agencies that report to the Secretary on the quality and content of proposed and existing courses; (F) assisting Federal agencies in the implementation of food protection training requirements including requirements contained in the Agriculture Reform, Food, and Jobs Act of 2013 Public Law 111–353 (G) performing evaluation and outcome-based studies to provide to the Secretary feedback on the effectiveness and impact of training and metrics on jurisdictions and sectors within the food safety system. (4) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. ; (6) in subsection (h), by striking 2012 2018 (7) by redesignating subsection (j) as subsection (i); and (8) in subsection (i) (as so redesignated), by striking 2012 2018 7208. Organic agriculture research and extension initiative Section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting , education, support research (B) in paragraph (1), by inserting and improvement development (C) in paragraph (2), by striking to producers and processors who use organic methods of organic agricultural production and methods to producers, processors, and rural communities (D) in paragraph (5), by inserting and researching solutions to identifying (E) in paragraph (6), by striking and marketing , marketing, and food safety (2) by striking subsection (e); (3) by redesignating subsection (f) as subsection (e); and (4) in paragraph (1) of subsection (e) (as so redesignated)— (A) in the heading, by striking for fiscal years 2008 through 2012 (B) in subparagraph (A), by striking and (C) in subparagraph (B), by striking the period at the end and inserting ; and (D) by adding at the end the following: (C) $16,000,000 for each of fiscal years 2014 through 2018. . 7209. Farm business management Section 1672D(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925f(d) such sums as are necessary to carry out this section. to carry out this section— (1) such sums as are necessary for fiscal year 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. . 7210. Regional centers of excellence Subtitle H of the Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1672D ( 7 U.S.C. 5925 1673. Regional centers of excellence (a) Establishment The Secretary may prioritize regional centers of excellence established for specific agricultural commodities for the receipt of funding. (b) Composition A regional center of excellence shall be composed of 1 or more colleges and universities (including land-grant institutions, schools of forestry, schools of veterinary medicine, or NLGCA Institutions (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (c) Criteria for regional centers of excellence The criteria for consideration to be a regional center of excellence shall include efforts— (1) to ensure coordination and cost-effectiveness by reducing unnecessarily duplicative efforts regarding research, teaching, and extension; (2) to leverage available resources by using public/private partnerships among agricultural industry groups, institutions of higher education, and the Federal Government; (3) to implement teaching initiatives to increase awareness and effectively disseminate solutions to target audiences through extension activities; (4) to increase the economic returns to rural communities by identifying, attracting, and directing funds to high-priority agricultural issues; and (5) to improve teaching capacity and infrastructure at colleges and universities (including land-grant institutions, schools of forestry, and schools of veterinary medicine, and NLGCA Institutions). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018. . 7211. Assistive technology program for farmers with disabilities Section 1680(c)(1) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5933(c)(1) (1) by striking is are (2) by striking section section— (A) $6,000,000 for each of fiscal years 1999 through 2013; and (B) $5,000,000 for each of fiscal years 2014 through 2018. . 7212. National rural information center clearinghouse Section 2381(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 3125b(e) 2012 2018 C Agricultural Research, Extension, and Education Reform Act of 1998 7301. Relevance and merit of agricultural research, extension, and education funded by the Department Section 103(a)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7613(a)(2)) is amended— (1) by striking the paragraph designation and heading and inserting the following: (2) Relevance and merit review of research, extension, and education grants ; (2) in subparagraph (A)— (A) by inserting relevance and merit (B) by striking extension or education research, extension, or education (3) in subparagraph (B) by inserting on a continuous basis procedures 7302. Integrated research, education, and extension competitive grants program Section 406(f) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7626(f) 2012 2018 7303. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica Section 408(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7628(e) such sums as may be necessary for each of fiscal years 1999 through 2012 $10,000,000 for each of fiscal years 2014 through 2018 7304. Grants for youth organizations Section 410(d) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7630(d) section such sums as are necessary section— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $3,000,000 for each of fiscal years 2014 through 2018. . 7305. Specialty crop research initiative Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632 (1) in subsection (b)(3), by inserting handling and processing, production efficiency, (2) in subsection (e)— (A) in paragraph (1)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking the period at the end and inserting ; and (iii) by inserting after subparagraph (C) the following: (D) consult with the specialty crops committee authorized under section 1408A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a) during the peer and merit review process. ; and (B) in paragraph (3), by striking non-Federal other sources in an amount that is at least equal to the amount provided by a grant received under this section. (3) in subsection (h), by striking paragraph (3) and inserting the following: (3) Subsequent funding Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section— (A) $25,000,000 for fiscal year 2014; (B) $30,000,000 for each of fiscal years 2015 and 2016; (C) $65,000,000 for fiscal year 2017; and (D) $50,000,000 for fiscal year 2018 and each fiscal year thereafter. . 7306. Food animal residue avoidance database program Section 604(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7642(e) 2012 2018 7307. Office of pest management policy Section 614(f) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7653(f) (1) by striking such sums as are necessary (2) by striking section section— (1) such sums as are necessary for each of fiscal years 1999 through 2013; and (2) $3,000,000 for each of fiscal years 2014 through 2018. . 7308. Authorization of regional integrated pest management centers Subtitle B of title VI of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7651 et seq. 621. Authorization of regional integrated pest management centers (a) In general There are established 4 regional integrated pest management centers (referred to in this section as the Centers (b) Purposes The purposes of the Centers shall be— (1) to strengthen the connection of the Department with production agriculture, research, and extension programs, and agricultural stakeholders throughout the United States; (2) to increase the effectiveness of providing pest management solutions for the private and public sectors; (3) to quickly respond to information needs of the public and private sectors; and (4) to improve communication among the relevant stakeholders. (c) Duties In meeting the purposes described in subsection (b) and otherwise carrying out this section, the Centers shall— (1) develop regional strategies to address pest management needs; (2) assist the Department and partner institutions of the Department in identifying, prioritizing, and coordinating a national pest management research, extension, and education program implemented on a regional basis; (3) establish a national pest management communication network that includes— (A) the agencies of the Department and other government agencies; (B) scientists at institutions of higher education; and (C) stakeholders focusing on pest management issues; (4) serve as regional hubs responsible for ensuring efficient access to pest management expertise and data available through institutions of higher education; and (5) on behalf of the Department, manage grants that can be most effectively and efficiently delivered at the regional level, as determined by the Secretary. . D Other Laws 7401. Critical Agricultural Materials Act Section 16(a) of the Critical Agricultural Materials Act ( 7 U.S.C. 178n(a) (1) by striking such sums as are necessary (2) by striking Act Act— (1) such sums as are necessary for each of fiscal years 1991 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 7402. Equity in Educational Land-Grant Status Act of 1994 (a) Definition of 1994 institutions Section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 532. Definition of 1994 Institutions In this part, the term 1994 Institutions (1) Aaniiih Nakoda College. (2) Bay Mills Community College. (3) Blackfeet Community College. (4) Cankdeska Cikana Community College. (5) Chief Dull Knife Memorial College. (6) College of Menominee Nation. (7) College of the Muscogee Nation. (8) Comanche Nation College. (9) D-Q University. (10) Dine College. (11) Fond du Lac Tribal and Community College. (12) Fort Berthold Community College. (13) Fort Peck Community College. (14) Haskell Indian Nations University. (15) Ilisagvik College. (16) Institute of American Indian and Alaska Native Culture and Arts Development. (17) Keweenaw Bay Ojibwa Community College. (18) Lac Courte Oreilles Ojibwa Community College. (19) Leech Lake Tribal College. (20) Little Big Horn College. (21) Little Priest Tribal College. (22) Navajo Technical College. (23) Nebraska Indian Community College. (24) Northwest Indian College. (25) Oglala Lakota College. (26) Saginaw Chippewa Tribal College. (27) Salish Kootenai College. (28) Sinte Gleska University. (29) Sisseton Wahpeton College. (30) Sitting Bull College. (31) Southwestern Indian Polytechnic Institute. (32) Stone Child College. (33) Tohono O’odham Community College. (34) Turtle Mountain Community College. (35) United Tribes Technical College. (36) White Earth Tribal and Community College. . (b) Endowment for 1994 institutions (1) In general Section 533 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 (A) in subsection (a)(2)(A)(ii), by striking of such Act as added by section 534(b)(1) of this part of that Act ( 7 U.S.C. 343(b)(3) 7 U.S.C. 343(d) (B) in subsection (b), in the first sentence by striking 2012 2018 (2) Conforming amendment Section 3(d) of the Smith-Lever Act ( 7 U.S.C. 343(d) and, in the case of programs for children, youth, and families at risk and for Federally recognized tribes, the 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 may compete for (c) Institutional Capacity Building Grants Section 535 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 2012 2018 (d) Research grants (1) Authorization of appropriations Section 536(c) of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 2012 2018 (2) Research grant requirements Section 536(b) of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 with at least 1 other land-grant college or university with— (1) the Agricultural Research Service of the Department of Agriculture; or (2) at least 1— (A) other land-grant college or university (exclusive of another 1994 Institution); (B) non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (C) cooperating forestry school (as defined in that section). . (e) Effective date The amendments made by subsections (a), (b), and (d)(2) take effect on October 1, 2013. 7403. Research Facilities Act Section 6(a) of the Research Facilities Act ( 7 U.S.C. 390d(a) 2012 2018 7404. Competitive, Special, and Facilities Research Grant Act Section 2 of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i (1) in subsection (b)(11)(A), in the matter preceding clause (i), by striking 2012 2018 (2) by adding at the end the following: (l) Streamlining grant application process Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to Congress a report that includes— (1) an analysis of barriers that exist in the competitive grants process administered by the National Institute of Food and Agriculture that prevent eligible institutions and organizations with limited institutional capacity from successfully applying and competing for competitive grants; and (2) specific recommendations for future steps that the Department can take to streamline the competitive grants application process so as to remove the barriers and increase the success rates of applicants described in paragraph (1). . 7405. Enhanced use lease authority pilot program under Department of Agriculture Reorganization Act of 1994 Section 308(b)(6) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a note; Public Law 103–354 (A) on September 30, 2018; or . 7406. Renewable Resources Extension Act of 1978 (a) Authorization of appropriations Section 6 of the Renewable Resources Extension Act of 1978 ( 16 U.S.C. 1675 2012 2018 (b) Termination date Section 8 of the Renewable Resources Extension Act of 1978 ( 16 U.S.C. 1671 2012 2018 7407. National Aquaculture Act of 1980 Section 10 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2809 2012 2018 7408. Beginning farmer and rancher development program under Farm Security and Rural Investment Act of 2002 Section 7405 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3319f (1) in subsection (c)(8)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period at the end and inserting ; and (C) by adding at the end the following: (D) beginning farmers and ranchers who are veterans (as defined in section 101 ; and (2) by redesignating subsection (h) as subsection (i); (3) by inserting after subsection (g) the following: (h) State grants (1) Definition of eligible entity In this subsection, the term eligible entity (A) an agency of a State or political subdivision of a State; (B) a national, State, or regional organization of agricultural producers; and (C) any other entity determined appropriate by the Secretary. (2) Grants The Secretary shall use such sums as are necessary of funds made available to carry out this section for each fiscal year under subsection (i) to make grants to States, on a competitive basis, which States shall use the grants to make grants to eligible entities to establish and improve farm safety programs at the local level. ; and (4) in subsection (i) (as redesignated by paragraph (2))— (A) in paragraph (1)— (i) in the heading, by striking for fiscal years 2009 through 2012 (ii) in subparagraph (A), by striking and (iii) in subparagraph (B), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (C) $17,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. ; (B) in paragraph (2)— (i) in the heading, by striking for fiscal years 2009 through 2012 (ii) striking 2012 2018 (C) by striking paragraph (3). E Food, Conservation, and Energy Act of 2008 I Agricultural Security 7501. Agricultural biosecurity communication center Section 14112 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8912 (c) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response Section 14113 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8913 (1) in subsection (a)(2)— (A) by striking such sums as may be necessary (B) by striking subsection subsection— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $15,000,000 for each of fiscal years 2014 through 2018. ; and (2) in subsection (b)(2), by striking is authorized to be appropriated to carry out this subsection are authorized to be appropriated to carry out this subsection— (1) $25,000,000 for each of fiscal years 2008 through 2013; and (2) $15,000,000 for each of fiscal years 2014 through 2018. . 7503. Research and development of agricultural countermeasures Section 14121(b) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8921(b) is authorized to be appropriated to carry out this section are authorized to be appropriated to carry out this section— (1) $50,000,000 for each of fiscal years 2008 through 2013; and (2) $15,000,000 for each of fiscal years 2014 through 2018. . 7504. Agricultural biosecurity grant program Section 14122(e) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8922(e) (1) by striking such sums as are necessary (2) by striking section section— (1) such sums as are necessary for each of fiscal years 2008 through 2013, to remain available until expended; and (2) $5,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. . II Miscellaneous 7511. Grazinglands research laboratory Section 7502 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 for the 5-year period beginning on the date of enactment of this Act until September 30, 2018 7512. Budget submission and funding Section 7506 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7614c (1) in subsection (a)— (A) by striking (a) Definition of competitive programs (a) Definitions In this section: (1) Competitive programs The term ; and (B) by adding at the end the following: (2) Covered program The term covered program (A) each research program carried out by the Agricultural Research Service or the Economic Research Service for which annual appropriations are requested in the annual budget submission of the President; and (B) each competitive program (as defined in section 251(f)(1) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(f)(1) (3) Request for awards The term request for awards ; and (2) by adding at the end the following: (e) Additional Presidential budget submission requirement (1) In general Each year, the President shall submit to Congress, together with the annual budget submission of the President, the information described in paragraph (2) for each funding request for a covered program. (2) Information described The information described in this paragraph includes— (A) baseline information, including with respect to each covered program— (i) the funding level for the program for the fiscal year preceding the year the annual budget submission of the President is submitted; (ii) the funding level requested in the annual budget submission of the President, including any increase or decrease in the funding level; and (iii) an explanation justifying any change from the funding level specified in clause (i) to the level specified in clause (ii); (B) with respect to each covered program that is carried out by the Economic Research Service or the Agricultural Research Service, the location and staff years of the program; (C) the proposed funding levels to be allocated to, and the expected publication date, scope, and allocation level for, each request for awards to be published under— (i) each priority area specified in section 2(b)(2) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b)(2) (ii) each research and extension project carried out under section 1621(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5811(a) (iii) each grant awarded under section 1672B(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b(a)); (iv) each grant awarded under section 412(b) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632(b) (v) each grant awarded under 7405(c)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f(c)(1)); or (D) any other information the Secretary determines will increase congressional oversight with respect to covered programs. (3) Prohibition Unless the President submits the information described in paragraph (2)(C) for a fiscal year, the President may not carry out any program during the fiscal year that is authorized under— (A) section 2(b) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b) (B) section 1621 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5811 (C) section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b (D) section 411 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7631 (E) section 7405 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3319f (f) Report of the Secretary of Agriculture Each year on a date that is not later than the date on which the President submits the annual budget submission, the Secretary shall submit to Congress a report containing a description of the agricultural research, extension, and education activities carried out by the Federal Government during the fiscal year that immediately precedes the year for which the report is submitted, including— (1) a review of the extent to which those activities— (A) are duplicative or overlap within the Department of Agriculture; or (B) are similar to activities carried out by— (i) other Federal agencies; (ii) the States (including the District of Columbia, the Commonwealth of Puerto Rico and other territories or possessions of the United States); (iii) institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (iv) the private sector; and (2) for each report submitted under this section on or after January 1, 2013, a 5-year projection of national priorities with respect to agricultural research, extension, and education, taking into account both domestic and international needs. . 7513. Natural products research program Section 7525 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 5937 (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2014 through 2018. . 7514. Sun grant program (a) In general Section 7526 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8114 (1) in subsection (a)(4)(B), by striking the Department of Energy other appropriate Federal agencies (as determined by the Secretary) (2) in subsection (b)(1)— (A) in subparagraph (A), by striking at South Dakota State University (B) in subparagraph (B), by striking at the University of Tennessee at Knoxville (C) in subparagraph (C), by striking at Oklahoma State University (D) in subparagraph (D), by striking at Oregon State University (E) in subparagraph (E), by striking at Cornell University (F) in subparagraph (F), by striking at the University of Hawaii (3) in subsection (c)(1)— (A) in subparagraph (B), by striking multistate technology implementation integrated, multistate research, extension, and education programs on technology development and technology implementation (B) by striking subparagraph (C); and (C) by redesignating subparagraph (D) as subparagraph (C); (4) in subsection (d)— (A) in paragraph (1)— (i) by striking gasification bioproducts (ii) by striking the Department of Energy other appropriate Federal agencies (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (1), by striking in accordance with paragraph (2) (5) in subsection (g), by striking 2012 2018 (b) Conforming amendments Section 7526(f) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8114(f) (1) in paragraph (1), by striking subsection (c)(1)(D)(i) subsection (c)(1)(C)(i) (2) in paragraph (2), by striking subsection (d)(1) subsection (d) F Miscellaneous 7601. Foundation for Food and Agriculture Research (a) Definitions In this section: (1) Board The term Board (2) Department The term Department (3) Foundation The term Foundation (4) Secretary The term Secretary (b) Establishment (1) In general The Secretary shall establish a nonprofit corporation to be known as the Foundation for Food and Agriculture Research (2) Status The Foundation shall not be an agency or instrumentality of the United States Government. (c) Purposes The purposes of the Foundation shall be— (1) to advance the research mission of the Department by supporting agricultural research activities focused on addressing key problems of national and international significance including— (A) plant health, production, and plant products; (B) animal health, production, and products; (C) food safety, nutrition, and health; (D) renewable energy, natural resources, and the environment; (E) agricultural and food security; (F) agriculture systems and technology; and (G) agriculture economics and rural communities; and (2) to foster collaboration with agricultural researchers from the Federal Government, institutions of higher education, industry, and nonprofit organizations. (d) Duties (1) In general The Foundation shall— (A) award grants to, or enter into contracts, memoranda of understanding, or cooperative agreements with, scientists and entities, which may include agricultural research agencies in the Department, university consortia, public-private partnerships, institutions of higher education, nonprofit organizations, and industry, to efficiently and effectively advance the goals and priorities of the Foundation; (B) in consultation with the Secretary— (i) identify existing and proposed Federal intramural and extramural research and development programs relating to the purposes of the Foundation described in subsection (c); and (ii) coordinate Foundation activities with those programs so as to minimize duplication of existing efforts; (C) identify unmet and emerging agricultural research needs after reviewing the Roadmap for Agricultural Research, Education and Extension as required by section 7504 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7614a (D) facilitate technology transfer and release of information and data gathered from the activities of the Foundation to the agricultural research community; (E) promote and encourage the development of the next generation of agricultural research scientists; and (F) carry out such other activities as the Board determines to be consistent with the purposes of the Foundation. (2) Authority Subject to paragraph (3), the Foundation shall be the sole entity responsible for carrying out the duties enumerated in this subsection. (3) Relationship to other activities The activities described in paragraph (1) shall be supplemental to any other activities at the Department and shall not preempt any authority or responsibility of the Department under another provision of law. (e) Board of directors (1) Establishment The Foundation shall be governed by a Board of Directors. (2) Composition (A) In general The Board shall be composed of appointed and ex-officio, nonvoting members. (B) Ex-officio members The ex-officio members of the Board shall be the following individuals or designees: (i) The Secretary. (ii) The Under Secretary of Agriculture for Research, Education, and Economics. (iii) The Administrator of the Agricultural Research Service. (iv) The Director of the National Institute of Food and Agriculture. (v) The Director of the National Science Foundation. (C) Appointed members (i) In general The ex-officio members of the Board under subparagraph (B) shall, by majority vote, appoint to the Board 15 individuals, of whom— (I) 8 shall be selected from a list of candidates to be provided by the National Academy of Sciences; and (II) 7 shall be selected from lists of candidates provided by industry. (ii) Requirements (I) Expertise The ex-officio members shall ensure that a majority of the members of the Board have actual experience in agricultural research and, to the extent practicable, represent diverse sectors of agriculture. (II) Limitation No employee of the Federal Government may serve as an appointed member of the Board under this subparagraph. (III) Not Federal employment Appointment to the Board under this subparagraph shall not constitute Federal employment. (iii) Authority All appointed members of the Board shall be voting members. (D) Chair The Board shall, from among the members of the Board, designate an individual to serve as Chair of the Board. (3) Initial meeting Not later than 60 days after the date of enactment of this Act, the Secretary shall convene a meeting of the ex-officio members of the Board— (A) to incorporate the Foundation; and (B) to appoint the members of the Board in accordance with paragraph (2)(C)(i). (4) Duties (A) In general The Board shall— (i) establish bylaws for the Foundation that, at a minimum, include— (I) policies for the selection of future Board members, officers, employees, agents, and contractors of the Foundation; (II) policies, including ethical standards, for— (aa) the acceptance, solicitation, and disposition of donations and grants to the Foundation; and (bb) the disposition of assets of the Foundation, including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or recipient of donated funds; (III) policies that would subject all employees, fellows, trainees, and other agents of the Foundation (including members of the Board) to the conflict of interest standards under section 208 (IV) policies for writing, editing, printing, publishing, and vending of books and other materials; (V) policies for the conduct of the general operations of the Foundation, including a cap on administrative expenses for recipients of a grant, contract, or cooperative agreement from the Foundation; and (VI) specific duties for the Executive Director; (ii) prioritize and provide overall direction for the activities of the Foundation; (iii) evaluate the performance of the Executive Director; and (iv) carry out any other necessary activities regarding the Foundation. (B) Establishment of bylaws In establishing bylaws under subparagraph (A)(i), the Board shall ensure that the bylaws do not— (i) reflect unfavorably on the ability of the Foundation to carry out the duties of the Foundation in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by or involved in a governmental agency or program. (5) Terms and vacancies (A) Terms (i) In general The term of each member of the Board appointed under paragraph (2)(C) shall be 5 years. (ii) Partial terms If a member of the Board does not serve the full term applicable under clause (i), the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (iii) Transition A member of the Board may continue to serve after the expiration of the term of the member until a successor is appointed. (B) Vacancies Any vacancy in the membership of the Board shall be filled in the manner in which the original position was made and shall not affect the power of the remaining members to execute the duties of the Board. (6) Compensation Members of the Board may not receive compensation for service on the Board but may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Board. (7) Meetings and quorum A majority of the members of the Board shall constitute a quorum for purposes of conducting business of the Board. (f) Administration (1) Executive Director (A) In general The Board shall hire an Executive Director who shall carry out such duties and responsibilities as the Board may prescribe. (B) Service The Executive Director shall serve at the pleasure of the Board. (2) Administrative powers (A) In general In carrying out this section, the Board, acting through the Executive Director, may— (i) adopt, alter, and use a corporate seal, which shall be judicially noticed; (ii) hire, promote, compensate, and discharge 1 or more officers, employees, and agents, as may be necessary, and define the duties of the officers, employees, and agents; (iii) solicit and accept any funds, gifts, grants, devises, or bequests of real or personal property made to the Foundation, including such support from private entities; (iv) prescribe the manner in which— (I) real or personal property of the Foundation is acquired, held, and transferred; (II) general operations of the Foundation are to be conducted; and (III) the privileges granted to the Board by law are exercised and enjoyed; (v) with the consent of the applicable executive department or independent agency, use the information, services, and facilities of the department or agency in carrying out this section; (vi) enter into contracts with public and private organizations for the writing, editing, printing, and publishing of books and other material; (vii) hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation; (viii) enter into such contracts, leases, cooperative agreements, and other transactions as the Board considers appropriate to conduct the activities of the Foundation; (ix) modify or consent to the modification of any contract or agreement to which the Foundation is a party or in which the Foundation has an interest; (x) take such action as may be necessary to obtain patents and licenses for devices and procedures developed by the Foundation and employees of the Foundation; (xi) sue and be sued in the corporate name of the Foundation, and complain and defend in courts of competent jurisdiction; (xii) appoint other groups of advisors as may be determined necessary to carry out the functions of the Foundation; and (xiii) exercise such other incidental powers as are necessary to carry out the duties and functions of the Foundation in accordance with this section. (B) Limitation No appointed member of the Board or officer or employee of the Foundation or of any program established by the Foundation (other than ex-officio members of the Board) shall exercise administrative control over any Federal employee. (3) Records (A) Audits The Foundation shall— (i) provide for annual audits of the financial condition of the Foundation; and (ii) make the audits, and all other records, documents, and other papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit. (B) Reports (i) Annual report on foundation (I) In general Not later than 5 months following the end of each fiscal year, the Foundation shall publish a report for the preceding fiscal year that includes— (aa) a description of Foundation activities, including accomplishments; and (bb) a comprehensive statement of the operations and financial condition of the Foundation. (II) Financial condition Each report under subclause (I) shall include a description of all gifts or grants to the Foundation of real or personal property or money, which shall include— (aa) the source of the gifts or grants; and (bb) any restrictions on the purposes for which the gift or grant may be used. (III) Availability The Foundation shall— (aa) make copies of each report submitted under subclause (I) available for public inspection; and (bb) on request, provide a copy of the report to any individual. (IV) Public meeting The Board shall hold an annual public meeting to summarize the activities of the Foundation. (ii) Grant reporting Any recipient of a grant under subsection (d)(1)(A) shall provide the Foundation with a report at the conclusion of any research or studies conducted the describes the results of the research or studies, including any data generated. (4) Integrity (A) In general To ensure integrity in the operations of the Foundation, the Board shall develop and enforce procedures relating to standards of conduct, financial disclosure statements, conflict of interest (including recusal and waiver rules), audits, and any other matters determined appropriate by the Board. (B) Financial conflicts of interest Any individual who is an officer, employee, or member of the Board is prohibited from any participation in deliberations by the Foundation of a matter that would directly or predictably affect any financial interest of— (i) the individual; (ii) a relative (as defined in section 109 (iii) a business organization or other entity in which the individual has an interest, including an organization or other entity with which the individual is negotiating employment. (5) Intellectual property The Board shall adopt written standards to govern ownership of any intellectual property rights derived from the collaborative efforts of the Foundation. (6) Liability The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligations of the Foundation. (g) Funds (1) Mandatory funding (A) In general On October 1, 2013, of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Foundation to carry out this section $100,000,000, to remain available until expended under the conditions described in subparagraph (B). (B) Conditions on expenditure The Foundation may use the funds made available under subparagraph (A) to carry out the purposes of the Foundation only to the extent that the Foundation secures an equal amount of non-Federal matching funds for each expenditure. (C) Prohibition on construction None of the funds made available under subparagraph (A) may be used for construction. (2) Separation of funds The Executive Director shall ensure that any funds received under paragraph (1) are held in separate accounts from funds received from nongovernmental entities as described in subsection (f)(2)(A)(iii). 7602. Objective and scholarly agricultural and food law research and information (a) Findings Congress finds that— (1) the farms, ranches, and forests of the United States are impacted by a complex and rapidly evolving web of international, Federal, State, and local laws (including regulations); (2) objective, scholarly, and authoritative agricultural and food law research and information helps the farm, ranch, and forestry community contribute to the strength of the United States through improved conservation, environmental protection, job creation, economic development, renewable energy production, outdoor recreational opportunities, and increased local and regional supplies of food, fiber, and fuel; and (3) the vast agricultural community of the United States, including farmers, ranchers, foresters, attorneys, policymakers, and extension personnel, need access to agricultural and food law research and information provided by an objective, scholarly, and neutral source. (b) Partnerships The Secretary, acting through the National Agricultural Library, shall support the dissemination of objective, scholarly, and authoritative agricultural and food law research and information by entering into partnerships with institutions of higher education that have expertise in agricultural and food law research and information. (c) Restriction For each fiscal year, the Secretary shall use not more than $1,000,000 of the amounts made available to the National Agricultural Library to carry out this section. VIII Forestry A Repeal of certain forestry programs 8001. Forest land enhancement program (a) Repeal Section 4 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103 (b) Conforming amendment Section 8002 of the Farm Security and Rural Investment Act of 2002 ( Public Law 107–171 (c) Effective date The amendments made by this section shall take effect on October 1, 2013. 8002. Watershed forestry assistance program (a) Repeal Section 6 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103b (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 8003. Expired cooperative national forest products marketing program Section 18 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2112 8004. Hispanic-serving institution agricultural land national resources leadership program (a) Repeal Section 8402 of the Food, Conservation, and Energy Act of 2008 ( 16 U.S.C. 1649a (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 8005. Tribal watershed forestry assistance program (a) Repeal Section 303 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542 (b) Effective date The amendment made by this section shall take effect on October 1, 2013. B Reauthorization of Cooperative Forestry Assistance Act of 1978 programs 8101. State-wide assessment and strategies for forest resources Section 2A(f)(1) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2101a(f)(1) 2012 2018 8102. Forest stewardship program Section 5(h) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103a(h) such sums as may be necessary thereafter $50,000,000 for each of fiscal years 2014 through 2018 8103. Forest Legacy Program Section 7 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103c (m) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2014 through 2018. (2) Additional funding sources In addition to any funds appropriated for each fiscal year to carry out this section, the Secretary may use any other Federal funds available to the Secretary. . 8104. Community forest and open space conservation program Section 7A of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103d (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2018. . 8105. Urban and community forestry assistance Section 9(i) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2105(i) such sums as may be necessary for each fiscal year thereafter $50,000,000 for each of fiscal years 2014 through 2018 C Reauthorization of other forestry-Related laws 8201. Rural revitalization technologies Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 6601(d)(2) 2012 2018 8202. Office of International Forestry Section 2405 of the Global Climate Change Prevention Act of 1990 ( 7 U.S.C. 6704 (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated— (1) such sums as are necessary for each of fiscal years 1996 through 2013; and (2) $10,000,000 for each of fiscal years 2014 through 2018. . 8203. Insect infestations and related diseases (a) Findings and purposes Section 401 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6551 (1) in subsection (a)— (A) by redesignating paragraphs (3) through (12) as paragraphs (4) through (13), respectively; and (B) by inserting after paragraph (2) the following: (3) the mountain pine beetle is— (A) threatening and ravaging forests throughout the Western region of the United States, including Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, and South Dakota; (B) reaching epidemic populations and severely impacting over 41,000,000 acres in western forests; and (C) deteriorating forest health in national forests and, when combined with drought, disease, and storm damage, is resulting in extreme fire hazards in national forests across the Western United States and endangering the economic stability of surrounding adjacent communities, ranches, and parks; ; and (2) in subsection (b)— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period at the end and inserting ; and (C) by adding at the end the following: (4) to provide for designation of treatment areas pursuant to section 405. . (b) Designation of treatment areas Title IV of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6551 et seq. (1) by redesignating sections 405 and 406 ( 16 U.S.C. 6555 (2) by inserting after section 404 ( 16 U.S.C. 6554 405. Designation of treatment areas (a) Designation of treatment areas Not later than 60 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (b) Treatment of areas The Secretary may carry out treatments to address the insect or disease infestation in the areas designated under subsection (a) in accordance with sections 104, 105, 106, and 401. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2014 through 2018. . (c) Authorization of appropriations Section 407 of the Healthy Forests Restoration Act of 2003 (as redesignated by subsection (b)(1)) is amended by striking 2008 2018 8204. Stewardship end result contracting projects (a) In general Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 602. Stewardship end result contracting projects (a) Definitions In this section: (1) Chief The term Chief (2) Director The term Director (b) Projects The Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs. (c) Land management goals The land management goals of a project under subsection (b) may include— (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing. (d) Agreements or contracts (1) Procurement procedure A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. (2) Contract for sale of property A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. (3) Term (A) In general Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 (B) Maximum The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. (4) Offsets (A) In general The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). (B) Methods of appraisal The value of timber or other forest products used as an offset under subparagraph (A)— (i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and (ii) may— (I) be determined using a unit of measure appropriate to the contracts; and (II) may include valuing products on a per-acre basis. (5) Relation to other laws Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a (6) Contracting officer Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). (e) Receipts (1) In general The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. (2) Use Monies from an agreement or contract under subsection (b)— (A) may be retained by the Chief and the Director; and (B) shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. (3) Relation to other laws (A) In general Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. (B) Knutson-Vanderberg Act The Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act 16 U.S.C. 576 et seq. (f) Costs of removal Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under— (1) the Act of August 11, 1916 ( 16 U.S.C. 490 (2) the Act of June 30, 1914 ( 16 U.S.C. 498 (g) Performance and payment guarantees (1) In general The Chief and the Director may require performance and payment bonds under sections 28.103–2 and 28.103–3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). (2) Excess offset value If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director may— (A) collect any residual receipts under the Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act 16 U.S.C. 576 et seq. (B) apply the excess to other authorized stewardship projects. (h) Monitoring and evaluation (1) In general The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. (2) Participants Other than the Chief and Director, participants in the process described in paragraph (1) may include— (A) any cooperating governmental agencies, including tribal governments; and (B) any other interested groups or individuals. (i) Reporting Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives on— (1) the status of development, execution, and administration of agreements or contracts under subsection (b); (2) the specific accomplishments that have resulted; and (3) the role of local communities in the development of agreements or contract plans. . (b) Conforming amendment Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 2104 8205. Healthy forests reserve program (a) Definition of acreage owned by Indian tribes Section 502(e)(3) of the Healthy Forests Restoration Act ( 16 U.S.C. 6572(e)(3) (1) in subparagraph (C), by striking subparagraphs (A) and (B) clauses (i) and (ii) (2) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; and (3) by striking In the case of (A) Definition of acreage owned by Indian tribes In this paragraph, the term acreage owned by Indian tribes (i) land that is held in trust by the United States for Indian tribes or individual Indians; (ii) land, the title to which is held by Indian tribes or individual Indians subject to Federal restrictions against alienation or encumbrance; (iii) land that is subject to rights of use, occupancy, and benefit of certain Indian tribes; (iv) land that is held in fee title by an Indian tribe; or (v) land that is owned by a native corporation formed under section 17 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act 43 U.S.C. 1607 (vi) a combination of 1 or more types of land described in clauses (i) through (v). (B) Enrollment of acreage In the case of . (b) Change in funding source for healthy forests reserve program Section 508 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6578 (1) in subsection (a), by striking In general Fiscal years 2009 through 2013 (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following: (b) Fiscal years 2014 through 2018 There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $9,750,000 for each of fiscal years 2014 through 2018. (c) Additional source of funds In addition to funds appropriated pursuant to the authorization of appropriations in subsection (b) for a fiscal year, the Secretary may use such amount of the funds appropriated for that fiscal year to carry out the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590a et seq. . D Miscellaneous provisions 8301. McIntire-Stennis Cooperative Forestry Act (a) 1890 waivers Section 4 of Public Law 87–788 McIntire-Stennis Cooperative Forestry Act 16 U.S.C. 582a–3 The matching funds requirement shall not be applicable to eligible 1890 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)) if the allocation is below $200,000. The Secretary is authorized (b) Participation Section 8 of Public Law 87–788 McIntire-Stennis Cooperative Forestry Act 16 U.S.C. 582a–7 the Federated States of Micronesia, American Samoa, the Northern Mariana Islands, the District of Columbia, and Guam (c) Effective date The amendments made by this section take effect on October 1, 2013. 8302. Revision of strategic plan for forest inventory and analysis (a) Revision required Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall revise the strategic plan for forest inventory and analysis initially prepared pursuant to section 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 ( 16 U.S.C. 1642(e) (b) Elements of revised strategic plan In revising the strategic plan, the Secretary of Agriculture shall describe in detail the organization, procedures, and funding needed to achieve each of the following: (1) Complete the transition to a fully annualized forest inventory program and include inventory and analysis of interior Alaska. (2) Implement an annualized inventory of trees in urban settings, including the status and trends of trees and forests, and assessments of their ecosystem services, values, health, and risk to pests and diseases. (3) Report information on renewable biomass supplies and carbon stocks at the local, State, regional, and national level, including by ownership type. (4) Engage State foresters and other users of information from the forest inventory and analysis in reevaluating the list of core data variables collected on forest inventory and analysis plots with an emphasis on demonstrated need. (5) Improve the timeliness of the timber product output program and accessibility of the annualized information on that database. (6) Foster greater cooperation among the forest inventory and analysis program, research station leaders, and State foresters and other users of information from the forest inventory and analysis. (7) Availability of and access to non-Federal resources to improve information analysis and information management. (8) Collaborate with the Natural Resources Conservation Service, National Aeronautics and Space Administration, National Oceanic and Atmospheric Administration, and United States Geological Survey to integrate remote sensing, spatial analysis techniques, and other new technologies in the forest inventory and analysis program. (9) Understand and report on changes in land cover and use. (10) Expand existing programs to promote sustainable forest stewardship through increased understanding, in partnership with other Federal agencies, of the over 10 million family forest owners, their demographics, and the barriers to forest stewardship. (11) Implement procedures to improve the statistical precision of estimates at the sub-State level. (c) Submission of revised strategic plan The Secretary of Agriculture shall submit the revised strategic plan to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. IX Energy 9001. Definition of renewable chemical Section 9001 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 (1) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15) respectively; and (2) by inserting after paragraph (12) the following: (13) Renewable chemical The term renewable chemical . 9002. Biobased markets program (a) In general Section 9002 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8102 (1) in subsection (a)— (A) in paragraph (2)(A)(i)— (i) in subclause (I), by striking and (ii) in subclause (II)(bb), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (III) establish a targeted biobased-only procurement requirement under which the procuring agency shall issue a certain number of biobased-only contracts when the procuring agency is purchasing products, or purchasing services that include the use of products, that are included in a biobased product category designated by the Secretary. ; and (B) in paragraph (3)— (i) in subparagraph (B)— (I) in clause (v), by inserting as determined to be necessary by the Secretary based on the availability of data, provide information (II) by redesignating clauses (v) and (vi) as clauses (vii) and (viii), respectively; and (III) by inserting after clause (iv) the following: (v) require reporting of quantities and types of biobased products purchased by procuring agencies; (vi) focus on products that apply an innovative approach to growing, harvesting, procuring, processing, or manufacturing biobased products regardless of the date of entry of the products into the marketplace; ; and (ii) by adding at the end the following: (F) Required designations Not later than 1 year after the date of enactment of this subparagraph, the Secretary shall begin to designate intermediate ingredients or feedstocks and assembled and finished biobased products in the guidelines issued under this paragraph. ; (2) in subsection (b)— (A) in paragraph (3)— (i) by striking The Secretary (A) In general The Secretary ; and (ii) by adding at the end the following: (B) Auditing and compliance The Secretary may carry out such auditing and compliance activities as the Secretary determines to be necessary to ensure compliance with subparagraph (A). ; and (B) by adding at the end the following: (4) Assembled and finished products Not later than 1 year after the date of enactment of this paragraph, the Secretary shall begin issuing criteria for determining which assembled and finished products may qualify to receive the label under paragraph (1). ; (3) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (e), (f), (g), (i), and (j), respectively; (4) by inserting after subsection (c) the following: (d) Outreach, education, and promotion (1) In general The Secretary may engage in outreach, educational, and promotional activities intended to increase knowledge, awareness, and benefits of biobased products. (2) Authorized activities In carrying out this subsection, the Secretary may— (A) conduct consumer education and outreach (including consumer and awareness surveys); (B) conduct outreach to and support for State and local governments interested in implementing biobased purchasing programs; (C) partner with industry and nonprofit groups to produce educational and outreach materials and conduct educational and outreach events; (D) sponsor special conferences and events to bring together buyers and sellers of biobased products; and (E) support pilot and demonstration projects. ; (5) in subsection (h) (as redesignated by paragraph (3))— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A) by striking The report Each report under paragraph (1) (ii) in subparagraph (A), by striking and (iii) in subparagraph (B)(ii), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (C) the progress made by other Federal agencies in compliance with the biobased procurement requirements, including the quantity of purchases made; and (D) the status of outreach, educational, and promotional activities carried out by the Secretary under subsection (d), including the attainment of specific milestones and overall results. ; and (B) by adding at the end the following: (3) Economic impact study and report (A) In general The Secretary shall conduct a study to assess the economic impact of the biobased products industry, including— (i) the quantity of biobased products sold; (ii) the value of the biobased products; (iii) the quantity of jobs created; (iv) the quantity of petroleum displaced; (v) other environmental benefits; and (vi) areas in which the use or manufacturing of biobased products could be more effectively used, including identifying any technical and economic obstacles and recommending how those obstacles can be overcome. (B) Report Not later than 180 days after the date of enactment of this subparagraph, the Secretary shall submit to Congress a report describing the results of the study conducted under subparagraph (A). . (6) by inserting after subsection (g) (as redesignated by paragraph (3)) the following: (h) Forest products laboratory coordination In determining whether products are eligible for the USDA Certified Biobased Product (1) review and approve forest-related products for which an application is submitted for the program; (2) expedite the approval of innovative products resulting from technology developed by the Forest Products Laboratory or partners of the Laboratory; and (3) provide appropriate technical assistance to applicants, as determined by the Secretary. ; and (7) in subsection (j) (as redesignated by paragraph (3))— (A) in the heading of paragraph (1), by inserting for fiscal years 2008 through 2012 funding (B) in the heading of paragraph (2), by inserting for fiscal years 2009 through 2013 funding (C) by adding at the end the following: (3) Fiscal years 2014 through 2018 There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018. (4) Mandatory funding for fiscal years 2014 through 2018 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $3,000,000 for each of fiscal years 2014 through 2018. . (b) Conforming amendment Section 944(c)(2)(A) of the Energy Policy Act of 2005 ( 42 U.S.C. 16253(c)(2)(A) section 9002(h)(1) section 9002(b) 9003. Biorefinery, renewable chemical, and biobased product manufacturing assistance (a) Program adjustments (1) In general Section 9003 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103 (A) in the section heading, by inserting , renewable chemical, and biobased product manufacturing Biorefinery (B) in subsection (a), in the matter preceding paragraph (1), by inserting renewable chemicals, and biobased product manufacturing advanced biofuels, (C) in subsection (b)— (i) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (ii) by inserting before paragraph (2) (as so redesignated) the following: (1) Biobased product manufacturing The term biobased product manufacturing ; and (D) in subsection (c)— (i) in paragraph (1), by striking and (ii) in paragraph (2), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (3) grants and loan guarantees to fund the development and construction of renewable chemical and biobased product manufacturing facilities. . (2) Effective date The amendments made by paragraph (1) shall take effect on October 1, 2013. (b) Funding Section 9003(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103(h)) is amended— (1) by striking paragraph (1) and inserting the following: (1) Mandatory funding (A) In general Subject to subparagraph (B), of the funds of the Commodity Credit Corporation, the Secretary shall use for the cost of loan guarantees under this section, to remain available until expended— (i) $100,000,000 for fiscal year 2013; and (ii) $58,000,000 for each of fiscal years 2014 and 2015. (B) Biobased product manufacturing Of the total amount of funds made available for the period of fiscal years 2013 through 2015 under subparagraph (A), the Secretary use for the cost of loan guarantees under this section not more than $25,000,000 to promote biobased product manufacturing. ; and (2) in paragraph (2), by striking 2013 2018 9004. Repeal of repowering assistance program and transfer of remaining funds (a) Repeal Subject to subsection (b), section 9004 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8104 (b) Use of remaining funding for Rural Energy for America Program Funds made available pursuant to subsection (d) of section 9004 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8104 (1) remain available until expended; (2) be used by the Secretary of Agriculture to carry out financial assistance for energy efficiency improvements and renewable energy systems under section 9007(a)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107(a)(2) (3) be in addition to any other funds made available to carry out that program. 9005. Bioenergy program for advanced biofuels Section 9005(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105(g)) is amended— (1) in the heading of paragraph (1), by inserting for fiscal years 2009 through 2012 funding (2) in the heading of paragraph (2), by inserting for fiscal years 2009 through 2013 funding (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following: (3) Fiscal years 2014 through 2018 There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018. . 9006. Biodiesel fuel education program Section 9006(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106(d)) is amended— (1) in paragraph (1)— (A) in the heading, by striking Fiscal years 2009 through 2012 Mandatory funding (B) by striking 2012 2018 (2) in paragraph (2), by striking fiscal year 2013 each of fiscal years 2014 through 2018 9007. Rural Energy for America Program (a) Program adjustments (1) In general Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 (A) in subsection (b)(2)— (i) in subparagraph (C), by striking and (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting after subparagraph (C) the following: (D) a council (as defined in section 1528 of the Agriculture and Food Act of 1981 (16 U.S.C. 3451)); and ; and (B) in subsection (c)— (i) in paragraph (1)(A), by inserting , such as for agricultural and associated residential purposes electricity (ii) by striking paragraph (3); (iii) by redesignating paragraph (4) as paragraph (3); (iv) in paragraph (3) (as so redesignated), by striking subparagraph (A) and inserting the following: (A) Grants The amount of a grant under this subsection shall not exceed the lesser of— (i) $500,000; and (ii) 25 percent of the cost of the activity carried out using funds from the grant. ; and (v) by adding at the end the following: (4) Tiered application process (A) In general In providing loan guarantees and grants under this subsection, the Secretary shall use a 3-tiered application process that reflects the size of proposed projects in accordance with this paragraph. (B) Tier 1 The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is not more than $80,000. (C) Tier 2 The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is greater than $80,000 but less than $200,000. (D) Tier 3 The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is equal to or greater than $200,000. (E) Application process The Secretary shall establish an application, evaluation, and oversight process that is the most simplified for tier I projects and more comprehensive for each subsequent tier. . (2) Effective date The amendments made by paragraph (1) shall take effect on October 1, 2013. (b) Funding Section 9007(g) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107(g) (1) in the heading of paragraph (1), by inserting for fiscal years 2009 through 2012 funding (2) in the heading of paragraph (2), by inserting for fiscal years 2009 through 2012 funding (3) in the heading of paragraph (3), by inserting for fiscal years 2009 through 2013 funding (4) by adding at the end the following: (4) Fiscal years 2014 through 2018 There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018. (5) Mandatory funding for fiscal years 2013 through 2018 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $48,200,000 for each of fiscal years 2014 through 2018. . 9008. Biomass research and development Section 9008(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108(h)) is amended— (1) in the heading of paragraph (1), by inserting for fiscal years 2009 through 2012 funding (2) in the heading of paragraph (2), by inserting for fiscal years 2009 through 2013 funding (3) by adding at the end the following: (3) Fiscal years 2014 through 2018 There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2014 through 2018. (4) Mandatory funding for fiscal years 2014 through 2018 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $26,000,000 for each of fiscal years 2014 through 2018. . 9009. Feedstock flexibility program for bioenergy producers Section 9010(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8110(b) (1) in paragraph (1)(A), by striking 2013 2018 (2) in paragraph (2)(A), by striking 2013 2018 9010. Biomass Crop Assistance Program Section 9011 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8111 9011. Biomass Crop Assistance Program (a) Definitions In this section: (1) BCAP The term BCAP (2) BCAP project area The term BCAP project area (A) has specified boundaries that are submitted to the Secretary by the project sponsor and subsequently approved by the Secretary; (B) includes producers with contract acreage that will supply a portion of the renewable biomass needed by a biomass conversion facility; and (C) is physically located within an economically practicable distance from the biomass conversion facility. (3) Contract acreage The term contract acreage (4) Eligible crop (A) In general The term eligible crop (B) Exclusions The term eligible crop (i) any crop that is eligible to receive payments under title I of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8702 et seq. (ii) any plant that is invasive or noxious or species or varieties of plants that credible risk assessment tools or other credible sources determine are potentially invasive, as determined by the Secretary in consultation with other appropriate Federal or State departments and agencies; or (iii) algae. (5) Eligible land (A) In general The term eligible land (i) agricultural and nonindustrial private forest lands (as defined in section 5(c) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103a(c) (ii) land enrolled in the agricultural conservation easement program established under subtitle H of title XII of the Food Security Act of 1985. (B) Exclusions The term eligible land (i) Federal- or State-owned land; (ii) land that is native sod, as of the date of enactment of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. (iii) land enrolled in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); (iv) land enrolled in the Agricultural Conservation Easement Program established under subtitle H of title XII of that Act; or (v) land enrolled in the conservation reserve program or the Agricultural Conservation Easement Program under a contract that will expire at the end of the current fiscal year. (6) Eligible material (A) In general The term eligible material Agriculture Reform, Food, and Jobs Act of 2013 (B) Inclusions The term eligible material (i) eligible material that is collected or harvested by the eligible material owner— (I) directly from— (aa) National Forest System; (bb) Bureau of Land Management land; (cc) non-Federal land; or (dd) land owned by an individual Indian or Indian tribe that is held in trust by the United States for the benefit of the individual Indian or Indian tribe or subject to a restriction against alienation imposed by the United States; (II) in a manner that is consistent with— (aa) a conservation plan; (bb) a forest stewardship plan; or (cc) a plan that the Secretary determines is equivalent to a plan described in item (aa) or (bb) and consistent with Executive Order 13112 ( 42 U.S.C. 4321 (ii) if woody eligible material, woody eligible material that is produced on land other than contract acreage that— (I) is a byproduct of a preventative treatment that is removed to reduce hazardous fuel or to reduce or contain disease or insect infestation; and (II) if harvested from Federal land, is harvested in accordance with section 102(e) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6512(e) (iii) eligible material that is delivered to a qualified biomass conversion facility to be used for heat, power, biobased products, research, or advanced biofuels. (C) Exclusions The term eligible material (i) material that is whole grain from any crop that is eligible to receive payments under title I of the Agriculture Reform, Food, and Jobs Act of 2013 (I) barley, corn, grain sorghum, oats, rice, or wheat; (II) honey; (III) mohair; (IV) oilseeds, including canola, crambe, flaxseed, mustard seed, rapeseed, safflower seed, soybeans, sesame seed, and sunflower seed; (V) peanuts; (VI) pulse; (VII) chickpeas, lentils, and dry peas; (VIII) dairy products; (IX) sugar; and (X) wool and cotton boll fiber; (ii) animal waste and byproducts, including fat, oil, grease, and manure; (iii) food waste and yard waste; (iv) algae; (v) woody eligible material that— (I) is removed outside contract acreage; and (II) is not a byproduct of a preventative treatment to reduce hazardous fuel or to reduce or contain disease or insect infestation; (vi) any woody eligible material collected or harvested outside contract acreage that would otherwise be used for existing market products; or (vii) bagasse. (7) Producer The term producer (8) Project sponsor The term project sponsor (A) a group of producers; or (B) a biomass conversion facility. (9) Socially disadvantaged farmer or rancher The term socially disadvantaged farmer or rancher 7 U.S.C. 2279(e) (b) Establishment and purpose The Secretary shall establish and administer a Biomass Crop Assistance Program to— (1) support the establishment and production of eligible crops for conversion to bioenergy in selected BCAP project areas; and (2) assist agricultural and forest land owners and operators with the collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility. (c) BCAP project area (1) In general The Secretary shall provide financial assistance to a producer of an eligible crop in a BCAP project area. (2) Selection of project areas (A) In general To be considered for selection as a BCAP project area, a project sponsor shall submit to the Secretary a proposal that, at a minimum, includes— (i) a description of the eligible land and eligible crops of each producer that will participate in the proposed BCAP project area; (ii) a letter of commitment from a biomass conversion facility that the facility will use the eligible crops intended to be produced in the proposed BCAP project area; (iii) evidence that the biomass conversion facility has sufficient equity available, as determined by the Secretary, if the biomass conversion facility is not operational at the time the proposal is submitted to the Secretary; and (iv) any other information about the biomass conversion facility or proposed biomass conversion facility that the Secretary determines necessary for the Secretary to be reasonably assured that the plant will be in operation by the date on which the eligible crops are ready for harvest. (B) BCAP project area selection criteria In selecting BCAP project areas, the Secretary shall consider— (i) the volume of the eligible crops proposed to be produced in the proposed BCAP project area and the probability that those crops will be used for the purposes of the BCAP; (ii) the volume of renewable biomass projected to be available from sources other than the eligible crops grown on contract acres; (iii) the anticipated economic impact in the proposed BCAP project area; (iv) the opportunity for producers and local investors to participate in the ownership of the biomass conversion facility in the proposed BCAP project area; (v) the participation rate by— (I) beginning farmers or ranchers (as defined in accordance with section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) (II) socially disadvantaged farmers or ranchers; (vi) the impact on soil, water, and related resources; (vii) the variety in biomass production approaches within a project area, including (as appropriate)— (I) agronomic conditions; (II) harvest and postharvest practices; and (III) monoculture and polyculture crop mixes; (viii) the range of eligible crops among project areas; and (ix) any additional information that the Secretary determines to be necessary. (3) Contract (A) In general On approval of a BCAP project area by the Secretary, each producer in the BCAP project area shall enter into a contract directly with the Secretary. (B) Minimum terms At a minimum, a contract under this subsection shall include terms that cover— (i) an agreement to make available to the Secretary, or to an institution of higher education or other entity designated by the Secretary, such information as the Secretary considers to be appropriate to promote the production of eligible crops and the development of biomass conversion technology; (ii) compliance with the highly erodible land conservation requirements of subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq. (iii) the implementation of (as determined by the Secretary)— (I) a conservation plan; (II) a forest stewardship plan; or (III) a plan that is equivalent to a conservation or forest stewardship plan; and (iv) any additional requirements that Secretary determines to be necessary. (C) Duration A contract under this subsection shall have a term of not more than— (i) 5 years for annual and perennial crops; or (ii) 15 years for woody biomass. (4) Relationship to other programs In carrying out this subsection, the Secretary shall provide for the preservation of cropland base and yield history applicable to the land enrolled in a BCAP contract. (5) Payments (A) In general The Secretary shall make establishment and annual payments directly to producers to support the establishment and production of eligible crops on contract acreage. (B) Amount of establishment payments (i) In general Subject to clause (ii), the amount of an establishment payment under this subsection shall be not more than 50 percent of the costs of establishing an eligible perennial crop covered by the contract but not to exceed $500 per acre, including— (I) the cost of seeds and stock for perennials; (II) the cost of planting the perennial crop, as determined by the Secretary; and (III) in the case of nonindustrial private forestland, the costs of site preparation and tree planting. (ii) Socially disadvantaged farmers or ranchers In the case of socially disadvantaged farmers or ranchers, the costs of establishment may not exceed $750 per acre. (C) Amount of annual payments (i) In general Subject to clause (ii), the amount of an annual payment under this subsection shall be determined by the Secretary. (ii) Reduction The Secretary shall reduce an annual payment by an amount determined to be appropriate by the Secretary, if— (I) an eligible crop is used for purposes other than the production of energy at the biomass conversion facility; (II) an eligible crop is delivered to the biomass conversion facility; (III) the producer receives a payment under subsection (d); (IV) the producer violates a term of the contract; or (V) the Secretary determines a reduction is necessary to carry out this section. (D) Exclusion The Secretary shall not make any BCAP payments on land for which payments are received under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) or the agricultural conservation easement program established under subtitle H of title XII of that Act. (d) Assistance with collection, harvest, storage, and transportation (1) In general The Secretary shall make a payment for the delivery of eligible material to a biomass conversion facility to— (A) a producer of an eligible crop that is produced on BCAP contract acreage; or (B) a person with the right to collect or harvest eligible material, regardless of whether the eligible material is produced on contract acreage. (2) Payments (A) Costs covered A payment under this subsection shall be in an amount described in subparagraph (B) for— (i) collection; (ii) harvest; (iii) storage; and (iv) transportation to a biomass conversion facility. (B) Amount Subject to paragraph (3), the Secretary may provide matching payments at a rate of up to $1 for each $1 per ton provided by the biomass conversion facility, in an amount not to exceed $20 per dry ton for a period of 4 years. (3) Limitation on assistance for bcap contract acreage As a condition of the receipt of an annual payment under subsection (c), a producer receiving a payment under this subsection for collection, harvest, storage, or transportation of an eligible crop produced on BCAP acreage shall agree to a reduction in the annual payment. (e) Report Not later than 4 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (f) Funding (1) In general Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $38,600,000 for each of fiscal years 2014 through 2018. (2) Collection, harvest, storage, and transportation payments Of the amount made available under paragraph (1) for each fiscal year, the Secretary shall use not less than 10 percent, nor more than 50 percent, of the amount to make collection, harvest, transportation, and storage payments under subsection (d)(2). . 9011. Repeal of forest biomass for energy Section 9012 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8112 9012. Community wood energy program (a) Definition of biomass consumer cooperative Section 9013(a) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113(a) (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Biomass consumer cooperative The term biomass consumer cooperative . (b) Grant program Section 9013(b)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113(b)(1) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following: (C) grants of up to $50,000 to biomass consumer cooperatives for the purpose of establishing or expanding biomass consumer cooperatives that will provide consumers with services or discounts relating to— (i) the purchase of biomass heating systems; (ii) biomass heating products, including wood chips, wood pellets, and advanced biofuels; or (iii) the delivery and storage of biomass of heating products. . (c) Matching funds Section 9013(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113(d) (1) by striking A State or local government that receives a grant under subsection (b) (1) State and local governments A State or local government that receives a grant under subparagraph (A) or (B) of subsection (b)(1) ; and (2) by adding at the end the following: (2) Biomass consumer cooperatives A biomass consumer cooperative that receives a grant under subsection (b)(1)(C) shall contribute an amount of non-Federal funds (which may include State, local, and nonprofit funds and membership dues) toward the establishment or expansion of a biomass consumer cooperative that is at least equal to 50 percent of the amount of Federal funds received for that purpose. . (d) Authorization of appropriations Section 9013(e) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113(e)) is amended by striking 2013 2018 9013. Repeal of renewable fertilizer study Section 9003 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 X Horticulture 10001. Specialty crops market news allocation Section 10107(b) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1622b(b) 2012 2018 10002. Repeal of grant program to improve movement of specialty crops Section 10403 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1622c 10003. Farmers market and local food promotion program Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 (1) in the section heading, by adding and local food market (2) in subsection (a)— (A) by inserting and Local Food Market (B) by striking farmers’ markets and to promote (C) by inserting and local food capacity development (3) in subsection (b), by striking paragraph (1) and inserting the following: (1) In general The purposes of the Program are to increase domestic consumption of and access to locally and regionally produced agricultural products by developing, improving, expanding, and providing outreach, training, and technical assistance to, or assisting in the development, improvement and expansion of— (A) domestic farmers’ markets, roadside stands, community-supported agriculture programs, agritourism activities, and other direct producer-to-consumer market opportunities; and (B) local and regional food enterprises that are not direct producer-to-consumer markets but process, distribute, aggregate, store, and market locally or regionally produced food products. ; (4) in subsection (c)(1)— (A) by inserting or other business entity cooperative (B) by inserting , including a community supported agriculture network or association association (5) by redesignating subsection (e) as subsection (f); (6) by inserting after subsection (d) the following: (e) Priorities In providing grants under the Program, priority shall be given to applications that include projects that— (1) benefit underserved communities; (2) develop market opportunities for small and mid-sized farm and ranch operations; and (3) include a strategic plan to maximize the use of funds to build capacity for local and regional food systems in a community. ; (7) in subsection (f) (as redesignated by paragraph (5))— (A) in paragraph (1)— (i) in the heading, by striking Fiscal years 2008 through 2012 Mandatory funding (ii) in subparagraph (B), by striking and (iii) in subparagraph (C), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (D) $20,000,000 for each of fiscal years 2014 through 2018. ; (B) by striking paragraphs (3) and (5); (C) by inserting after paragraph (2) the following: (3) Authorization of appropriations In addition to funds made available under paragraph (1), there is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018. ; and (D) by adding at the end the following: (5) Use of funds (A) In general Of the funds made available to carry out the Program for each fiscal year, 50 percent shall be used for the purposes described in subsection (b)(1)(A) and 50 percent shall be used for the purposes described in subsection (b)(1)(B). (B) Cost share To be eligible to receive a grant for a project described in subsection (b)(1)(B), a recipient shall provide a match in the form of cash or in-kind contributions in an amount equal to 25 percent of the total cost of the project. (6) Administrative expenses Not more than 10 percent of the total amount made available to carry out this section for a fiscal year may be used for administrative expenses. (7) Limitations An eligible entity may not use a grant or other assistance provided under the Program for the purchase, construction, or rehabilitation of a building or structure. . 10004. Study on local food production and program evaluation (a) In general The Secretary shall— (1) collect data on the production and marketing of locally or regionally produced agricultural food products; (2) facilitate interagency collaboration and data sharing on programs related to local and regional food systems; and (3) monitor the effectiveness of programs designed to expand or facilitate local food systems. (b) Requirements In carrying out this section, the Secretary shall, at a minimum— (1) collect and distribute comprehensive reporting of prices of locally or regionally produced agricultural food products; (2) conduct surveys and analysis and publish reports relating to the production, handling, distribution, retail sales, and trend studies (including consumer purchasing patterns) of or on locally or regionally produced agricultural food products; (3) evaluate the effectiveness of existing programs in growing local and regional food systems, including— (A) the impact of local food systems on job creation and economic development; (B) the level of participation in the Farmers' Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 (C) the ability for participants to leverage private capital and a synopsis of the places from which non-Federal funds are derived; and (D) any additional resources required to aid in the development or expansion of local and regional food systems; (4) expand the Agricultural Resource Management Survey to include questions on locally or regionally produced agricultural food products; and (5) seek to establish or expand private-public partnerships to facilitate, to the maximum extent practicable, the collection of data on locally or regionally produced agricultural food products, including the development of a nationally coordinated and regionally balanced evaluation of the redevelopment of locally or regionally produced food systems. (c) Report Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the progress that has been made in implementing this section and identifying any additional needs related to developing local and regional food systems. 10005. Organic agriculture (a) Organic production and market data initiatives Section 7407 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5925c (1) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting and annually thereafter this subsection (B) in paragraph (1), by striking and (C) by redesignating paragraph (2) as paragraph (3); and (D) by inserting after paragraph (1) the following: (2) describes how data collection agencies (such as the Agricultural Marketing Service and the National Agricultural Statistics Service) are coordinating with data user agencies (such as the Risk Management Agency) to ensure that data collected under this section can be used by data user agencies, including by the Risk Management Agency to offer price elections for all organic crops; and ; and (2) in subsection (d)— (A) by striking paragraph (3); (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: (2) Mandatory funding In addition to any funds available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000, to remain available until expended. ; and (D) in paragraph (3) (as redesignated by subparagraph (B))— (i) in the heading, by striking for fiscal years 2008 through 2012 (ii) by striking paragraph (1) paragraphs (1) and (2) (iii) by striking 2012 2018 (b) Modernization and technology upgrade for national organic program Section 2123 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6522 (1) in subsection (b)— (A) in paragraph (5), by striking and (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: (6) $15,000,000 for each of fiscal years 2014 through 2018; and ; and (2) by adding at the end the following: (c) Modernization and technology upgrade for national organic program (1) In general The Secretary shall modernize database and technology systems of the national organic program. (2) Funding Of the funds of the Commodity Credit Corporation and in addition to any other funds made available for that purpose, the Secretary shall make available to carry out this subsection $5,000,000 in fiscal year 2014, to remain available until expended. (d) Report Not later than 180 days after the date of enactment of this subsection, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that— (1) describes the efforts of the Secretary to ensure that activities conducted through commodity research and promotion programs adequately reflect the priorities of all members of the applicable orders; and (2) includes an assessment of the feasibility of establishing an organic research and promotion program, including any current barriers to establishment and challenges related to implementation. . 10006. Food safety education initiatives Section 10105(c) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7655a(c) 2012 2018 10007. Coordinated plant management program (a) In general Section 420 of the Plant Protection Act ( 7 U.S.C. 7721 (1) by striking the section heading and inserting Coordinated plant management program. (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: (e) National clean plant network (1) In general The Secretary shall establish a program to be known as the National Clean Plant Network Program (2) Requirements Under the Program, the Secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services— (A) to produce clean propagative plant material; and (B) to maintain blocks of pathogen-tested plant material in sites located throughout the United States. (3) Availability of clean plant source material Clean plant source material produced or maintained under the Program may be made available to— (A) a State for a certified plant program of the State; and (B) private nurseries and producers. (4) Consultation and collaboration In carrying out the Program, the Secretary shall— (A) consult with— (i) State departments of agriculture; and (ii) land-grant colleges and universities and NLGCA Institutions (as those terms are defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (B) to the extent practicable and with input from the appropriate State officials and industry representatives, use existing Federal or State facilities to serve as clean plant centers. . (b) Funding Subsection (f) of section 420 of the Plant Protection Act ( 7 U.S.C. 7721 (1) in paragraph (3), by striking and (2) in paragraph (4), by striking and each fiscal year thereafter. (3) by adding at the end the following: (5) $60,000,000 for each of fiscal years 2014 through 2017; and (6) $65,000,000 for fiscal year 2018 and each fiscal year thereafter. . (c) Repeal of existing provision Section 10202 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7761 (d) Clarification of use of funds for technical assistance Section 420 of the Plant Protection Act ( 7 U.S.C. 7721 (g) Relationship to other law The use of Commodity Credit Corporation funds under this section to provide technical assistance shall not be considered an allotment or fund transfer from the Commodity Credit Corporation for purposes of the limit on expenditures for technical assistance imposed by section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i). . 10008. Specialty crop block grants Section 101 of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 (1) in subsection (a)— (A) by striking subsection (j) subsection (l) (B) by striking 2012 2018 (2) by striking subsection (b) and inserting the following: (b) Grants based on value and acreage Subject to subsection (c), in the case of each State with an application for a grant for a fiscal year that is accepted by the Secretary of Agriculture under subsection (f), the amount of a grant for a fiscal year to a State under this section shall bear the same ratio to the total amount made available under subsection (l) for that fiscal year as— (1) the average of the most recent available value of specialty crop production in the State and the acreage of specialty crop production in the State, as demonstrated in the most recent Census of Agriculture data; bears to (2) the average of the most recent available value of specialty crop production in all States and the acreage of specialty crop production in all States, as demonstrated in the most recent Census of Agriculture data. ; (3) by redesignating subsection (j) as subsection (l); (4) by inserting after subsection (i) the following: (j) Multistate projects (1) In general Not later than 180 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 (A) food safety; (B) plant pests and disease; (C) crop-specific projects addressing common issues; and (D) any other area that furthers the purposes of this section, as determined by the Secretary. (2) Funding Of the funds provided under subsection (l), the Secretary of Agriculture may allocate for grants under this subsection, to remain available until expended— (A) $1,000,000 for fiscal year 2014; (B) $2,000,000 for fiscal year 2015; (C) $3,000,000 for fiscal year 2016; (D) $4,000,000 for fiscal year 2017; and (E) $5,000,000 for fiscal year 2018. (k) Administration (1) Department The Secretary of Agriculture may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. (2) States A State receiving a grant under this section may not use more than 8 percent of the funds received under the grant for a fiscal year for administrative expenses. ; and (5) in subsection (l) (as redesignated by paragraph (3))— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period at the end and inserting ; and (C) by adding at the end the following: (4) $70,000,000 for fiscal year 2014 and each fiscal year thereafter. . 10009. Recordkeeping, investigations, and enforcement The Organic Foods Production Act of 1990 is amended by inserting after section 2120 ( 7 U.S.C. 6519 2120A. Recordkeeping, investigations, and enforcement (a) Recordkeeping (1) In general Except as otherwise provided in this title, all persons, including producers, handlers, and certifying agents, required to report information to the Secretary under this title shall maintain, and make available to the Secretary on the request of the Secretary, all contracts, agreements, receipts, and other records associated with the organic certification program established by the Secretary under this title. (2) Duration of recordkeeping requirement A record covered by paragraph (1) shall be maintained— (A) by a person covered by this title, except for a certifying agent, for a period of 5 years beginning on the date of the creation of the record; and (B) by a certifying agent, for a period of 10 years beginning on the date of the creation of the record. (b) Confidentiality (1) In general Subject to paragraph (2), and except as otherwise directed by the Secretary or the Attorney General for enforcement purposes, no officer, employee, or agent of the United States shall make available to the public information, statistics, or documents obtained from or made available by any person under this title, other than in a manner that ensures that confidentiality is preserved regarding the identity of persons, including parties to a contract, and proprietary business information. (2) Alleged violators and nature of actions The Secretary may release the name of the alleged violator and the nature of the actions triggering an order, suspension, or revocation under subsection (e). (c) Investigation (1) In general The Secretary may take such investigative actions as the Secretary considers to be necessary to carry out this title— (A) to verify the accuracy of any information reported or made available under this title; and (B) to determine, with regard to actions, practices, or information required under this title, whether a person covered by this title has committed, or will commit, a violation of any provision of this title, including an order or regulation promulgated by the Secretary. (2) Investigative powers The Secretary may administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, take evidence, and require the production of any books, papers, and documents that are relevant to the investigation. (d) Unlawful Act It shall be unlawful and a violation of this title for any person covered by this title— (1) to fail or refuse to provide, or delay the timely provision of, accurate information required by the Secretary under this section; (2) to violate— (A) an order of the Secretary; (B) a suspension or revocation of the organic certification of a producer or handler; or (C) a suspension or revocation of the accreditation of a certifying agent; or (3) to sell, or attempt to sell, a product that is represented as being organically produced under this title if in fact the product has been produced or handled by an operation that is not yet a certified organic producer or handler under this title. (e) Enforcement (1) Order The Secretary may issue an order to stop the sale of an agricultural product that is labeled or otherwise represented as being organically produced— (A) until the product can be verified— (i) as meeting the national and State standards for organic production and handling as provided in sections 2105 through 2114; (ii) as having been produced or handled without the use of a prohibited substance listed under section 2118; and (iii) as being produced and handled by a certified organic operation; and (B) if a person has committed an unlawful act with respect to the product under subsection (d). (2) Certification or accreditation (A) Suspension (i) In general The Secretary may suspend the organic certification of a producer or handler, or accreditation of a certifying agent, for a period not to exceed 30 days, and may renew the suspension for an additional period, under the circumstances described in clause (ii). (ii) Actions triggering suspension The Secretary may take the suspension or renewal actions described in clause (i), if the Secretary has reason to believe that a person producing or handling an agricultural product, or a certifying agent, has violated or is violating any provision of this title, including an order or regulation promulgated under this title. (iii) Continuation of suspension through appeal If the Secretary determines subsequent to an investigation that a violation of this title by a person covered by this title has occurred, the suspension shall remain in effect until the Secretary issues a revocation of the certification of the person or of the accreditation of the certifying agent, covered by this title, after an expedited administrative appeal under section 2121 has been completed. (B) Revocation After notice and opportunity for an administrative appeal under section 2121, if a violation described in subparagraph (A)(ii) is determined to have occurred and is an unlawful act under subsection (d), the Secretary shall revoke the organic certification of the producer or handler, or the accreditation of the certifying agent. (3) Violation of order or revocation A person who violates an order to stop the sale of a product as an organically produced product under paragraph (1), or a revocation of certification or accreditation under paragraph (2)(B), shall be subject to 1 or more of the penalties provided in subsections (a) and (b) of section 2120. (f) Appeal (1) In general An order under subsection (e)(1), or a revocation of certification or accreditation under subsection (e)(2)(B) shall be final and conclusive unless the affected person files an appeal of the order— (A) first, to the administrative appeals process established under section 2121(a); and (B) second, if the affected person so elects, to a United States district court as provided in section 2121(b) not later than 30 days after the date of the determination under subparagraph (A). (2) Standard An order under subsection (e)(1), or a revocation of certification or accreditation under subsection (e)(2)(B), shall be set aside only if the order, or the revocation of certification or accreditation, is not supported by substantial evidence. (g) Noncompliance (1) In general If a person covered by this title fails to obey an order, or a revocation of certification or accreditation, described in subsection (f)(2) after the order or revocation has become final and conclusive or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate United States district court for enforcement of the order, or the revocation of certification or accreditation. (2) Enforcement If the court determines that the order or revocation was lawfully made and duly served and that the person violated the order or revocation, the court shall enforce the order or revocation. (3) Civil penalty If the court finds that the person violated the order or revocation, the person shall be subject to a civil penalty of not more than $10,000 for each offense. . 10010. Report on honey (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with affected stakeholders, shall submit to the Commissioner of Food and Drugs a report describing how an appropriate Federal standard for the identity of honey would promote honesty and fair dealing and would be in the interest of consumers, the honey industry, and United States agriculture. (b) Contents In preparing the report under subsection (a), the Secretary shall take into consideration the March 2006 Standard of Identity citizens petition filed with the Food and Drug Administration, including any current industry amendments or clarifications necessary to update that 2006 petition. 10011. Effective date This title and the amendments made by this title take effect on October 1, 2013. XI Crop insurance 11001. Supplemental coverage option (a) Availability of supplemental coverage option Section 508(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c) (3) Yield and loss basis options A producer shall have the option of purchasing additional coverage based on— (A) (i) an individual yield and loss basis; or (ii) an area yield and loss basis; (B) an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis to cover all or a part of the deductible under the individual yield and loss policy, as authorized in paragraph (4)(C); or (C) a margin basis alone or in combination with— (i) individual yield and loss coverage; or (ii) area yield and loss coverage. . (b) Level of coverage Section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended by striking paragraph (4) and inserting the following: (4) Level of coverage (A) Dollar denomination and percentage of yield Except as provided in subparagraph (C), the level of coverage— (i) shall be dollar denominated; and (ii) may be purchased at any level not to exceed 85 percent of the individual yield or 95 percent of the area yield (as determined by the Corporation). (B) Information The Corporation shall provide producers with information on catastrophic risk and additional coverage in terms of dollar coverage (within the allowable limits of coverage provided in this paragraph). (C) Supplemental coverage option (i) In general Notwithstanding subparagraph (A), in the case of the supplemental coverage option described in paragraph (3)(B), the Corporation shall offer producers the opportunity to purchase coverage in combination with a policy or plan of insurance offered under this subtitle that would allow indemnities to be paid to a producer equal to all or part of the deductible under the policy or plan of insurance, if sufficient area data is available (as determined by the Corporation). (ii) Trigger Coverage offered under this subparagraph shall be triggered only if the losses in the area exceed 10 percent of normal levels (as determined by the Corporation). (iii) Coverage Subject to the trigger described in clause (ii) and the deductible imposed by clause (iv), coverage offered under this subparagraph shall cover the first loss incurred by the producer, not to exceed the difference between— (I) 100 percent; and (II) the coverage level selected by the producer for the underlying policy or plan of insurance. (iv) Deductible Coverage offered under this subparagraph shall be subject to a deductible in an amount equal to— (I) in the case of a producer who participates in the agriculture risk coverage program under section 1105(c) of the Agriculture Reform, Food, and Jobs Act of 2013 (II) in the case of all other producers, 10 percent of the expected value of the crop of the producer covered by the underlying policy or plan of insurance, as determined by the Corporation. (v) Calculation of premium Notwithstanding subsection (d), the premium shall— (I) be sufficient to cover anticipated losses and a reasonable reserve; and (II) include an amount for operating and administrative expenses established in accordance with subsection (k)(4)(F). . (c) Payment of portion of premium by Corporation Section 508(e)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(2) (H) In the case of the supplemental coverage option authorized in subsection (c)(4)(C), the amount shall be equal to the sum of— (i) 70 percent of the additional premium associated with the coverage; and (ii) the amount determined under subsection (c)(4)(C)(v)(II) for the coverage to cover operating and administrative expenses. . (d) Conforming amendment Section 508(k)(4)(F) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k)(4)(F) or authorized under subsection (c)(4)(C) of this subparagraph (e) Effective date The Federal Crop Insurance Corporation shall begin to provide additional coverage based on an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis, not later than for the 2013 crop year. 11002. Premium amounts for catastrophic risk protection Section 508(d)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d)(2) (A) In the case of catastrophic risk protection, the amount of the premium established by the Corporation for each crop for which catastrophic risk protection is available shall be reduced by the percentage equal to the difference between the average loss ratio for the crop and 100 percent, plus a reasonable reserve, as determined by the Corporation. . 11003. Permanent enterprise unit Section 508(e)(5) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(5) (A) In general The Corporation may pay a portion of the premiums for plans or policies of insurance for which the insurable unit is defined on a whole farm or enterprise unit basis that is higher than would otherwise be paid in accordance with paragraph (2). . 11004. Enterprise units for irrigated and nonirrigated crops Section 508(e)(5) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(5) (D) Nonirrigated crops Beginning with the 2013 crop year, the Corporation shall make available separate enterprise units for irrigated and nonirrigated acreages of crops in counties. . 11005. Data collection Section 508(g)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(g)(2) (E) Sources of yield data To determine yields under this paragraph, the Corporation— (i) shall use county data collected by the Risk Management Agency or the National Agricultural Statistics Service, or both; or (ii) if sufficient county data is not available, may use other data considered appropriate by the Secretary. . 11006. Adjustment in actual production history to establish insurable yields Section 508(g)(4)(B) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(g)(4)(B) (1) in the matter preceding clause (i), by inserting for the 2012 crop year or any prior crop year, or 70 percent of the applicable transitional yield for the 2013 or any subsequent crop year, transitional yield (2) in clause (ii), by striking 60 percent of the applicable transitional yield the applicable percentage of the transitional yield described in this subparagraph 11007. Submission and review of policies Section 508(h)(1) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(h)(1) (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) by striking (1) In general (1) Submission and review of policies (A) Submissions In addition ; and (3) by adding at the end the following: (B) Review The Corporation shall review any policy developed under section 522(c) or any pilot program developed under section 523 and submit the policy or program to the Board under this subsection if the Corporation, at the sole discretion of the Corporation, finds that the policy or program— (i) will likely result in a viable and marketable policy consistent with this subsection; (ii) would provide crop insurance coverage in a significantly improved form; and (iii) adequately protects the interests of producers. . 11008. Board review and approval (a) Review and approval by the board Section 508(h) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(h) (3) Review and approval by the board (A) In general A policy, plan of insurance, or other material submitted to the Board under this subsection shall be reviewed by the Board and shall be approved by the Board for reinsurance and for sale by approved insurance providers to producers at actuarially appropriate rates and under appropriate terms and conditions if the Board, at the sole discretion of the Board, determines that— (i) the interests of producers are adequately protected; (ii) the rates of premium and price election methodology are actuarially appropriate; (iii) the terms and conditions for the proposed policy or plan of insurance are appropriate and would not unfairly discriminate among producers; (iv) the proposed policy or plan of insurance will, at the sole discretion of the Board— (I) likely result in a viable and marketable policy that can reasonably attain levels of participation similar to other like policies or plans of insurance; (II) provide crop insurance coverage in a significantly improved form or in a manner that addresses a recognized flaw or problem in an existing policy; or (III) provide a new kind of coverage for a commodity that previously had no available crop insurance, or has demonstrated a low level of participation under existing coverage; (v) the proposed policy or plan of insurance will, at the sole discretion of the Board, not have a significant adverse impact on the crop insurance delivery system; and (vi) the proposed policy or plan of insurance meets such other requirements as are determined appropriate by the Board. (B) Priorities (i) Establishment The Board, at the sole discretion of the Board, may— (I) annually establish priorities under this subsection that specify types of submissions needed to fulfill the portfolio of policies or plans of insurance to be reviewed and approved under this subsection; and (II) make the priorities available on the website of the Corporation. (ii) Process (I) In general Policies or plans of insurance that satisfy the priorities established by the Board under this subsection shall be considered by the Board for approval prior to other submissions. (II) Considerations In approving policies or plans of insurance, the Board shall— (aa) consider providing the highest priorities for policies or plans of insurance that address underserved commodities, including commodities for which there is no insurance; and (bb) consider providing the highest priorities for existing policies for which there is inadequate coverage or there exists low levels of participation. (iii) Other criteria The Board may establish such other criteria as the Board determines to meet the needs of producers and the priorities of this subsection, consistent with the purposes of this subtitle. . 11009. Consultation Section 508(h)(4) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(h) (E) Consultation (i) Requirement As part of the feasibility and research associated with the development of a policy or other material conducted prior to making a submission to the Board under this subsection, the submitter shall consult with groups representing producers of agricultural commodities in all major producing areas for the commodities to be served or potentially impacted, either directly or indirectly. (ii) Submission to the board Any submission made to the Board under this subsection shall contain a summary and analysis of the feasibility and research findings from the impacted groups described in clause (i), including a summary assessment of the support for or against development of the policy and an assessment on the impact of the proposed policy to the general marketing and production of the crop from both a regional and national perspective. (iii) Evaluation by the board In evaluating whether the interests of producers are adequately protected pursuant to paragraph (3) with respect to an submission made under this subsection, the Board shall review the information provided pursuant to clause (ii) to determine if the submission will create adverse market distortions with respect to the production of commodities that are the subject of the submission. . 11010. Budget limitations on renegotiation of the Standard Reinsurance Agreement Section 508(k)(8) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k)(8) (F) Budget (i) In general The Board shall ensure that any Standard Reinsurance Agreement negotiated under subparagraph (A)(ii), as compared to the previous Standard Reinsurance Agreement— (I) to the maximum extent practicable, shall be budget neutral; and (II) in no event, may significantly depart from budget neutrality. (ii) Use of savings To the extent that any budget savings is realized in the renegotiation of a Standard Reinsurance Agreement under subparagraph (A)(ii), and the savings are determined not to be a significant departure from budget neutrality under clause (i), the savings shall be used for programs administered or managed by the Risk Management Agency. . 11011. Stacked Income Protection Plan for producers of upland cotton (a) Availability of stacked income protection plan The Federal Crop Insurance Act is amended by inserting after section 508A ( 7 U.S.C. 1508a 508B. Stacked Income Protection Plan for producers of upland cotton (a) Availability Beginning not later than the 2013 crop of upland cotton, if practicable, the Corporation shall make available to producers of maximum eligible acres of upland cotton an additional policy (to be known as the Stacked Income Protection Plan (b) Required terms The Corporation may modify the Stacked Income Protection Plan on a program-wide basis, except that the Stacked Income Protection Plan shall comply with the following requirements: (1) (A) Provide coverage for revenue loss of not more than 30 percent of expected county revenue, specified in increments of 5 percent. (B) The deductible is the minimum percent of revenue loss at which indemnities are triggered under the plan, not to be less than 10 percent of the expected county revenue. (C) Once the deductible is met, any losses in excess of the deductible will be paid up to the coverage selected by the producer. (2) Be offered to producers of upland cotton in all counties with upland cotton production— (A) at a county-wide level to the fullest extent practicable; or (B) in counties that lack sufficient data, on the basis of such larger geographical area as the Corporation determines to provide sufficient data for purposes of providing the coverage. (3) Be purchased in addition to any other individual or area coverage in effect on the producer’s acreage or as a stand-alone policy, except that if a producer has an individual or area coverage for the same acreage, the maximum coverage available under the Stacked Income Protection Plan shall not exceed the deductible for the individual or area coverage. (4) Establish coverage based on— (A) an expected price that is the expected price established under existing Group Risk Income Protection or area wide policy offered by the Corporation for the applicable county (or area) and crop year; and (B) an expected county yield that is the higher of— (i) the expected county yield established for the existing area-wide plans offered by the Corporation for the applicable county (or area) and crop year (or, in geographic areas where area-wide plans are not offered, an expected yield determined in a manner consistent with those of area-wide plans); or (ii) (I) the average of the applicable yield data for the county (or area) for the most recent 5 years, excluding the highest and lowest observations, from the Risk Management Agency or the National Agricultural Statistics, or both; or (II) if sufficient county data is not available, such other data considered appropriate by the Secretary. (5) Use a multiplier factor to establish maximum protection per acre (referred to as a protection factor (6) Pay an indemnity based on the amount that the expected county revenue exceeds the actual county revenue, as applied to the individual coverage of the producer. Indemnities under the Stacked Income Protection Plan shall not include or overlap the amount of the deductible selected under paragraph (1). (7) To the maximum extent practicable, in all counties for which data are available, establish separate coverage for irrigated and nonirrigated practices. (8) Notwithstanding section 508(d), include a premium that— (A) is sufficient to cover anticipated losses and a reasonable reserve; and (B) includes an amount for operating and administrative expenses established in accordance with section 508(k)(4)(F). (c) Relation to other coverages (1) In general Except as provided in paragraph (2), the Stacked Income Protection Plan is in addition to all other coverages available to producers of upland cotton. (2) Limitation Acreage of upland cotton insured under the Supplemental Coverage Option shall not be eligible for the Stacked Income Protection Plan. (d) Payment of portion of premium by Corporation Subject to section 508(e)(4), the amount of premium paid by the Corporation for all qualifying coverage levels of the Stacked Income Protection Plan shall be— (1) 80 percent of the amount of the premium established under subsection (b)(8)(A) for the coverage level selected; and (2) the amount determined under subsection (b)(8)(B) to cover administrative and operating expenses. . (b) Conforming amendment Section 508(k)(4)(F) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k)(4)(F) or under section 508B subsection (c)(4)(C) 11012. Peanut revenue crop insurance The Federal Crop Insurance Act is amended by inserting after section 508B (as added by section 11011(a)) the following: 508C. Peanut revenue crop insurance (a) In general Effective beginning with the 2013 crop year, the Risk Management Agency and the Corporation shall make available to producers of peanuts a revenue crop insurance program for peanuts. (b) Effective price (1) In general Subject to paragraph (2), for purposes of the policies and plans of insurance offered under subsections (a) and (b) of section 508, the effective price for peanuts shall be equal to the Rotterdam price index for peanuts, as adjusted to reflect the farmer stock price of peanuts in the United States. (2) Adjustments (A) In general The effective price for peanuts established under paragraph (1) may be adjusted by the Risk Management Agency and the Corporation to correct distortions. (B) Administration If an adjustment is made under subparagraph (A), the Risk Management Agency and the Corporation shall— (i) make the adjustment in an open and transparent manner; and (ii) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the reasons for the adjustment. . 11013. Authority to correct errors Section 515(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1515(c) (1) in the first sentence, by striking The Secretary (1) In general The Secretary ; (2) in the second sentence, by striking Beginning with (2) Frequency Beginning with ; and (3) by adding at the end the following: (3) Corrections (A) In general The Corporation shall establish procedures that allow an agent and approved insurance provider within a reasonable amount of time following the applicable sales closing date to correct information regarding the entity name, social security number, tax identification number, or such other eligibility information as determined by the Corporation that is provided by a producer for the purpose of obtaining coverage under any policy or plan of insurance made available under this subtitle to ensure that the eligibility information is consistent with the information reported by the producer to the Farm Service Agency. (B) Limitation In accordance with the procedures of the Corporation, procedures under subparagraph (A) may include any subsequent correction to the eligibility information described in that subparagraph made by the Farm Service Agency if the corrections do not allow the producer— (i) to obtain a disproportionate benefit under the crop insurance program or any related program of the Department of Agriculture; (ii) to avoid ineligibility requirements for insurance; or (iii) to avoid an obligation or requirement under any Federal or State law. . 11014. Implementation Section 515 of the Federal Crop Insurance Act ( 7 U.S.C. 1515 (1) in subsection (j), by striking paragraph (1) and inserting the following: (1) Systems maintenance and upgrades (A) In general The Secretary shall maintain and upgrade the information management systems of the Corporation used in the administration and enforcement of this subtitle. (B) Requirement (i) In general In maintaining and upgrading the systems, the Secretary shall ensure that new hardware and software are compatible with the hardware and software used by other agencies of the Department to maximize data sharing and promote the purposes of this section. (ii) Acreage report streamlining initiative project As soon as practicable, the Secretary shall develop and implement an acreage report streamlining initiative project to allow producers to report acreage and other information directly to the Department. ; and (2) in subsection (k), by striking paragraph (1) and inserting the following: (1) Information technology (A) In general For purposes of subsection (j)(1), the Corporation may use, from amounts made available from the insurance fund established under section 516(c), not more than— (i) (I) for fiscal year 2014, $25,000,000; and (II) for each of fiscal years 2015 through 2018, $10,000,000; or (ii) if the Acreage Crop Reporting Streamlining Initiative (ACRSI) project is substantially completed by September 30, 2013, not more than $15,000,000 for each of fiscal years 2015 through 2018. (B) Notification Not later than July 1, 2013, the Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the status of the substantial completion of the Acreage Crop Reporting Streamlining Initiative (ACRSI) project. . 11015. Approval of costs for research and development Section 522(b)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(b)(2) (E) Approval (i) In general The Board may approve up to 50 percent of the projected total research and development costs to be paid in advance to an applicant, in accordance with the procedures developed by the Board for the making of the payments, if, after consideration of the reviewer reports described in subparagraph (D) and such other information as the Board determines appropriate, the Board determines that— (I) the concept, in good faith, will likely result in a viable and marketable policy consistent with section 508(h); (II) at the sole discretion of the Board, the concept, if developed into a policy and approved by the Board, would provide crop insurance coverage— (aa) in a significantly improved form or that addresses a unique need of agricultural producers; (bb) to a crop or region not traditionally served by the Federal crop insurance program; or (cc) in a form that addresses a recognized flaw or problem in the program; (III) the applicant agrees to provide such reports as the Corporation determines are necessary to monitor the development effort; (IV) the proposed budget and timetable are reasonable, as determined by the Board; and (V) the concept proposal meets any other requirements that the Board determines appropriate. (ii) Waiver The Board may waive the 50-percent limitation and, upon request of the submitter after the submitter has begun research and development activities, the Board may approve an additional 25 percent advance payment to the submitter for research and development costs, if, at the sole discretion of the Board, the Board determines that— (I) the intended policy or plan of insurance developed by the submitter will provide coverage for a region or crop that is underserved by the Federal crop insurance program, including specialty crops; (II) the submitter is making satisfactory progress towards developing a viable and marketable policy or plan of insurance consistent with section 508(h); and (III) the submitter does not have sufficient financial resources to complete the development of the submission into a viable and marketable policy or plan of insurance consistent with section 508(h). . 11016. Whole farm risk management insurance Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) (18) Whole farm diversified risk management insurance plan (A) In general The Corporation shall conduct activities or enter into contracts to carry out research and development to develop a whole farm risk management insurance plan, with a liability limitation of $1,500,000, that allows a diversified crop or livestock producer the option to qualify for an indemnity if actual gross farm revenue is below 85 percent of the average gross farm revenue or the expected gross farm revenue that can reasonably be expected of the producer, as determined by the Corporation. (B) Eligible producers The Corporation shall permit producers (including direct-to-consumer marketers, and producers servicing local and regional and farm identity-preserved markets) who produce multiple agricultural commodities, including specialty crops, industrial crops, livestock, and aquaculture products, to participate in the plan in lieu of any other plan under this subtitle. (C) Diversification The Corporation may provide diversification-based additional coverage payment rates, premium discounts, or other enhanced benefits in recognition of the risk management benefits of crop and livestock diversification strategies for producers that grow multiple crops or that may have income from the production of livestock that uses a crop grown on the farm. (D) Market readiness The Corporation may include coverage for the value of any packing, packaging, or any other similar on-farm activity the Corporation determines to be the minimum required in order to remove the commodity from the field. (E) Report Not later than 2 years after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results and feasibility of the research and development conducted under this paragraph, including an analysis of potential adverse market distortions. . 11017. Study of food safety insurance Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) (19) Study of food safety insurance (A) In general The Corporation shall offer to enter into a contract with 1 or more qualified entities to conduct a study to determine whether offering policies that provide coverage for specialty crops from food safety and contamination issues would benefit agricultural producers. (B) Subject The study described in subparagraph (A) shall evaluate policies and plans of insurance coverage that provide protection for production or revenue impacted by food safety concerns including, at a minimum, government, retail, or national consumer group announcements of a health advisory, removal, or recall related to a contamination concern. (C) Report Not later than 1 year after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subparagraph (A). . 11018. Crop insurance for livestock Section 522(c) of the Federal Crop Insurance Act (as amended by section 11016) is amended by adding at the end the following: (19) Study on swine catastrophic disease program (A) In general The Corporation shall contract with a qualified person to conduct a study to determine the feasibility of insuring swine producers for a catastrophic event. (B) Report Not later than 1 year after the date of the enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subparagraph (A). . 11019. Margin coverage for catfish Section 522(c) of the Federal Crop Insurance Act (as amended by section 11017) is amended by adding at the end the following: (20) Margin coverage for catfish (A) In general The Corporation shall offer to enter into a contract with a qualified entity to conduct research and development regarding a policy to insure producers against reduction in the margin between the market value of catfish and selected costs incurred in the production of catfish. (B) Eligibility Eligibility for the policy described in subparagraph (A) shall be limited to freshwater species of catfish that are propagated and reared in controlled or selected environments. (C) Implementation The Board shall review the policy described in subparagraph (B) under subsection 508(h) and approve the policy if the Board finds that the policy— (i) will likely result in a viable and marketable policy consistent with this subsection; (ii) would provide crop insurance coverage in a significantly improved form; (iii) adequately protects the interests of producers; and (iv) the proposed policy meets other requirements of this subtitle determined appropriate by the Board. . 11020. Poultry business disruption insurance policy Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) (21) Poultry business disruption insurance policy and catastrophic disease program (A) Definition of poultry In this paragraph, the term poultry 7 U.S.C. 182(a) (B) Authority The Corporation shall offer to enter into 1 or more contracts with qualified entities to carry out— (i) a study to determine the feasibility of insuring commercial poultry production against business disruptions caused by integrator bankruptcy; and (ii) a study to determine the feasibility of insuring poultry producers for a catastrophic event. (C) Business disruption study The study described in subparagraph (B)(i) shall— (i) evaluate the market place for business disruption insurance that is available to poultry producers; (ii) assess the feasibility of a policy to allow producers to ensure against a portion of losses from loss under contract due to business disruption from integrator bankruptcy; and (iii) analyze the costs to the Federal Government of a Federal business disruption insurance program for poultry producers. (D) Reports Not later than 1 year after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of— (i) the study carried out under subparagraph (B)(i); and (ii) the study carried out under subparagraph (B)(ii). . 11021. Crop insurance for organic crops (a) In general Section 508(c)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(6)) is amended by adding at the end the following: (D) Organic crops (i) In general As soon as possible, but not later than the 2015 reinsurance year, the Corporation shall offer producers of organic crops price elections for all organic crops produced in compliance with standards issued by the Department of Agriculture under the national organic program established under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. (ii) Annual report The Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report on progress made in developing and improving Federal crop insurance for organic crops, including— (I) the numbers and varieties of organic crops insured; (II) the progress of implementing the price elections required under this subparagraph, including the rate at which additional price elections are adopted for organic crops; (III) the development of new insurance approaches relevant to organic producers; and (IV) any recommendations the Corporation considers appropriate to improve Federal crop insurance coverage for organic crops. . (b) Conforming amendment Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) (as amended by section 11018) is amended— (1) by striking paragraph (10); and (2) by redesignating paragraphs (11) through (20) as paragraphs (10) through (19), respectively. 11022. Research and development (a) In general Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended— (1) in the subsection heading, by striking Contracting (2) in paragraph (1), in the matter preceding subparagraph (A), by striking may enter into contracts to carry out research and development to may conduct activities or enter into contracts to carry out research and development to maintain or improve existing policies or develop new policies to (3) in paragraph (2)— (A) in subparagraph (A), by inserting conduct research and development or The Corporation may (B) by striking subparagraph (B) and inserting the following: (B) Consultation Before conducting research and development or entering into a contract under subparagraph (A), the Corporation shall follow the consultation requirements described in section 508(h)(4)(E). ; (4) in paragraph (5), by inserting after expert review in accordance with section 505(e) and procedures of the Board approved by the Board (5) in paragraph (6), by striking a pasture, range, and forage program policies that increase participation by producers of underserved agricultural commodities, including sweet sorghum, sorghum for biomass, specialty crops, sugarcane, and dedicated energy crops (b) Funding Section 522(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(e) (1) in paragraph (2)— (A) by striking (A) Authority (A) Conducting and contracting for research and development (B) in subparagraph (A), by inserting conduct research and development and the Corporation may use to (C) in subparagraph (B), by inserting conduct research and development and for the fiscal year to (2) in paragraph (3), in the matter preceding subparagraph (A), by striking to provide either reimbursement payments or contract payments (3) by striking paragraph (4). 11023. Pilot programs Section 523(a) of the Federal Crop Insurance Act ( 7 U.S.C. 1523(a) (1) in paragraph (1), by inserting , at the sole discretion of the Corporation, may (2) by striking paragraph (5). 11024. Index-based weather insurance pilot program Section 523(a)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1523(a)(2) (1) by striking Under (A) In general Under ; and (2) by adding at the end the following: (B) Index-based weather insurance pilot program (i) In general Notwithstanding subparagraph (A), the Corporation, at the sole discretion of the Corporation, may conduct a pilot program to provide financial assistance for producers of underserved crops and livestock (including specialty crops) to purchase an index-based weather insurance product from a private insurance company, subject to the requirements of this subparagraph. (ii) Payment of premium (I) In general Subject to subclause (II) and clause (v), the Corporation may pay a portion of the premium for producers who purchase index-based weather insurance protection from a private insurance company for a crop and policy that is not reinsured under this subtitle, as determined by the Corporation. (II) Condition The premium assistance under subclause (I) shall not exceed 60 percent of the estimated premium amount, based on expected losses, representative operating expenses, and representative profit margins, as determined by the Corporation. (iii) Eligible providers Before providing premium assistance to producers to purchase index-based weather insurance from a private insurance company pursuant to this subparagraph, the Corporation shall verify that the company has adequate experience— (I) to develop and manage the index-based weather insurance products, including adequate resources, experience, and assets or sufficient reinsurance to meet the obligations of the company under this subparagraph; and (II) to support and deliver the index-based weather insurance products. (iv) Procedures The Corporation shall develop and publish procedures to administer the pilot program under this subparagraph that— (I) require each applicable private insurance company to report claim and sales data, and any other data the Corporation determines to be appropriate, to allow the Corporation to evaluate product pricing and performance; (II) allow the private insurance companies exclusive rights over the private insurance offered under this subparagraph, including rating of policies, protection of intellectual property rights on the product or policy, and associated rating methodology, for the period during which the companies are eligible under clause (iii); and (III) contain such other requirements as the Corporation determines to be necessary to ensure that— (aa) the interests of producers are protected; and (bb) the program operates in an actuarially sound manner. (v) Funding Of the funds of the Corporation, the Corporation shall use to carry out this subparagraph $10,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. . 11025. Enhancing producer self-help through farm financial benchmarking (a) Definition Section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) (1) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and (2) by inserting after paragraph (5) the following: (6) Farm financial benchmarking The term farm financial benchmarking (A) the process of comparing the performance of an agricultural enterprise against the performance of other similar enterprises, through the use of comparable and reliable data, in order to identify business management strengths, weaknesses, and steps necessary to improve management performance and business profitability; and (B) benchmarking of the type conducted by farm management and producer associations consistent with the activities described in or funded pursuant to section 1672D of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925f). . (b) Partnerships for risk management for producers of specialty crops and underserved agricultural commodities Section 522(d)(3)(F) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(d)(3)(F) farm financial benchmarking, management, (c) Crop insurance education and risk management assistance Section 524(a) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(a) (1) in paragraph (3)(A), by inserting farm financial benchmarking, risk reduction, (2) in paragraph (4), in the matter preceding subparagraph (A), by inserting (including farm financial benchmarking) management strategies 11026. Beginning farmer and rancher provisions (a) Definition Section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) (1) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; and (2) by inserting after paragraph (2) the following: (3) Beginning farmer or rancher The term beginning farmer or rancher . (b) Premium adjustments Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is amended— (1) in subsection (b)(5)(E), by inserting and beginning farmers or ranchers limited resource farmers (2) in subsection (e), by adding at the end the following: (8) Premium for beginning farmers or ranchers Notwithstanding any other provision of this subsection regarding payment of a portion of premiums, a beginning farmer or rancher shall receive premium assistance that is 10 percentage points greater than premium assistance that would otherwise be available under paragraphs (2) (except for subparagraph (A) of that paragraph), (5), (6), and (7) for the applicable policy, plan of insurance, and coverage level selected by the beginning farmer or rancher. ; and (3) in subsection (g)— (A) in paragraph (2)(B)— (i) in clause (i), by striking or (ii) in clause (ii)(III), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (iii) if the producer is a beginning farmer or rancher who was previously involved in a farming or ranching operation, including involvement in the decisionmaking or physical involvement in the production of the crop or livestock on the farm, for any acreage obtained by the beginning farmer or rancher, a yield that is the higher of— (I) the actual production history of the previous producer of the crop or livestock on the acreage determined under subparagraph (A); or (II) a yield of the producer, as determined in clause (i). ; and (B) in paragraph (4)(B)(ii) (as amended by section 11006)— (i) by inserting (I) (ii) (ii) by striking the period at the end and inserting ; or (iii) by adding at the end the following: (II) in the case of beginning farmers or ranchers, replace each excluded yield with a yield equal to 80 percent of the applicable transitional yield. . 11027. Agricultural management assistance, risk management education, and organic certification cost share assistance Section 524 of the Federal Crop Insurance Act ( 7 U.S.C. 1524 (b) Agricultural management assistance, risk management education, and organic certification cost share assistance (1) Authority for provision of assistance The Secretary shall provide assistance under this section as follows: (A) Provision of organic certification cost share assistance pursuant to section 10606 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523 (B) Activities to support risk management education and community outreach partnerships pursuant to section 522(d), including— (i) entering into futures or hedging; (ii) entering into agricultural trade options as a hedging transaction to reduce production, price, or revenue risk; or (iii) conducting any other activity relating to an activity described in clause (i) or (ii), including farm financial benchmarking, as determined by the Secretary. (C) Provision of agricultural management assistance grants to producers in States in which there has been traditionally, and continues to be, a low level of Federal crop insurance participation and availability, and producers underserved by the Federal crop insurance program, as determined by the Secretary, for the purposes of— (i) constructing or improving— (I) watershed management structures; or (II) irrigation structures; (ii) planting trees to form windbreaks or to improve water quality; and (iii) mitigating financial risk through production or marketing diversification or resource conservation practices, including— (I) soil erosion control; (II) integrated pest management; (III) organic farming; or (IV) to develop and implement a plan to create marketing opportunities for the producer, including through value-added processing. (2) Payment limitation The total amount of payments made to a person (as defined in section 1001(5) of the Food Security Act ( 7 U.S.C. 1308(5) Public Law 110–246 (3) Funding (A) In general The Secretary shall carry out this subsection through the Commodity Credit Corporation. (B) Funding For each of fiscal years 2014 through 2018, the Commodity Credit Corporation shall make available to carry out this subsection $23,000,000. (C) Distribution of funds Of the amount made available to carry out this subsection for a fiscal year, the Commodity Credit Corporation shall use not less than— (i) 50 percent to carry out paragraph (1)(A); (ii) 26 percent to carry out paragraph (1)(B); and (iii) 24 percent to carry out paragraph (1)(C). . 11028. Crop production on native sod (a) Federal crop insurance Section 508(o) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(o) (1) in paragraph (1)(B), by inserting , or the producer cannot substantiate that the ground has ever been tilled, tilled (2) in paragraph (2)(A), by striking for benefits under— (i) a portion of crop insurance premium subsidies under this subtitle in accordance with paragraph (3); (ii) benefits under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and (iii) payments described in subsection (b) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). ; and (3) by striking paragraph (3) and inserting the following: (3) Administration (A) In general During the first 4 crop years of planting on native sod acreage by a producer described in paragraph (2)— (i) paragraph (2) shall apply to 65 percent of the applicable transitional yield; and (ii) the crop insurance premium subsidy provided for the producer under this subtitle shall be 50 percentage points less than the premium subsidy that would otherwise apply. (B) Yield substitution During the period native sod acreage is covered by this subsection, a producer may not substitute yields for the native sod acreage. . (b) Noninsured crop disaster assistance Section 196(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(a)(4) (1) in subparagraph (A)(ii), by inserting , or the producer cannot substantiate that the ground has ever been tilled, tilled (2) in subparagraph (B)(i), by striking for benefits under— (I) benefits under this section; (II) a portion of crop insurance premium subsidies under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) in accordance with subparagraph (C); and (III) payments described in subsection (b) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308). ; and (3) by striking subparagraph (C) and inserting the following: (C) Administration (i) In general During the first 4 crop years of planting on native sod acreage by a producer described in subparagraph (B)— (I) subparagraph (B) shall apply to 65 percent of the applicable transitional yield; and (II) the crop insurance premium subsidy provided for the producer under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. (ii) Yield substitution During the period native sod acreage is covered by this paragraph, a producer may not substitute yields for the native sod acreage. . (c) Cropland report (1) Baseline Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the cropland acreage in each county and State, and the change in cropland acreage from the preceding year in each county and State, beginning with calendar year 2000 and including that information for the most recent year for which that information is available. (2) Annual updates Not later than January 1, 2014, and each January 1 thereafter through January 1, 2018, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes— (A) the cropland acreage in each county and State as of the date of submission of the report; and (B) the change in cropland acreage from the preceding year in each county and State. 11029. Technical amendments Section 508(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(b) (1) by striking paragraph (7); and (2) by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively. 11030. Greater accessibility for crop insurance (a) Findings Congress finds that— (1) due to changes in commodity and other agricultural programs made by the Agriculture Reform, Food, and Jobs Act of 2013 7 U.S.C. 1501 et seq. (2) proposed reductions by the Secretary in the number of State and local offices of the Farm Service Agency will reduce the services available to assist agricultural producers in understanding crop insurance. (b) Requirement for use of plain language (1) In general In issuing regulations and guidance relating to plans and policies of crop insurance, the Risk Management Agency and the Federal Crop Insurance Corporation shall, to the greatest extent practicable, use plain language, as required under Executive Orders 12866 ( 5 U.S.C. 601 28 U.S.C. 519 (2) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the efforts of the Secretary to accelerate compliance with the Executive orders described in paragraph (1). (c) Website (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the approved insurance providers (as defined in section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) (2) Requirements The website described in paragraph (1) shall— (A) provide answers in an easily accessible format to frequently asked questions; and (B) include published materials of the Department of Agriculture that relate to plans and policies of crop insurance offered under that Act. (d) Administration Nothing in this section authorizes the Risk Management Agency to sell a crop insurance policy or plan of insurance. 11031. GAO crop insurance fraud report Section 515(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1515(d) (6) GAO crop insurance fraud report As soon as practicable after the date of enactment of this paragraph, the Comptroller General of the United States shall conduct, and submit to Congress a report describing the results of, a study regarding fraudulent claims filed, and benefits provided, under this subtitle. . 11032. Limitation on premium subsidy based on average adjusted gross income Section 508(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e) (9) Limitation on premium subsidy based on average adjusted gross income (A) Definition of average adjusted gross income In this paragraph, the term average adjusted gross income (B) Limitation Notwithstanding any other provision of this subtitle and beginning with the 2014 reinsurance year, in the case of any producer that is a person or legal entity that has an average adjusted gross income in excess of $750,000 based on the most recent data available from the Farm Service Agency as of the beginning of the reinsurance year, the total amount of premium subsidy provided with respect to additional coverage under subsection (c), section 508B, or section 508C issued on behalf of the producer for a reinsurance year shall be 15 percentage points less than the premium subsidy provided in accordance with this subsection that would otherwise be available for the applicable policy, plan of insurance, and coverage level selected by the producer. (C) Application (i) Study Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Government Accountability Office, shall carry out a study to determine the effects of the limitation described in subparagraph (B) on— (I) the overall operations of the Federal crop insurance program; (II) the number of producers participating in the Federal crop insurance program; (III) the level of coverage purchased by participating producers; (IV) the amount of premiums paid by participating producers and the Federal Government; (V) any potential liability for participating producers, approved insurance providers, and the Federal Government; (VI) different crops or growing regions; (VII) program rating structures; (VIII) creation of schemes or devices to evade the impact of the limitation; and (IX) administrative and operating expenses paid to approved insurance providers and underwriting gains and loss for the Federal Government and approved insurance providers. (ii) Effectiveness The limitation described in subparagraph (B) shall not take effect unless the Secretary determines, through the study described in clause (i), that the limitation would not— (I) significantly increase the premium amount paid by producers with an average adjusted gross income of less than $750,000; (II) result in a decline in the crop insurance coverage available to producers; and (III) increase the total cost of the Federal crop insurance program. . XII Miscellaneous A Socially disadvantaged producers and limited resource producers 12001. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers (a) Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers Section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279 (1) in the section heading, by inserting and veteran farmers and ranchers ranchers (2) in subsection (a)— (A) in paragraph (2)(B)(i), by inserting and veteran farmers or ranchers ranchers (B) in paragraph (4)— (i) in subparagraph (A)— (I) in the heading, by striking Fiscal years 2009 through 2012 Mandatory funding (II) in clause (i), by striking and (III) in clause (ii), by striking the period at the end and inserting ; and (IV) by adding at the end the following: (iii) $5,000,000 for each of fiscal years 2014 through 2018. ; and (ii) by striking subparagraph (B) and inserting the following: (B) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018. ; (3) in subsection (b)(2), by inserting or veteran farmers and ranchers socially disadvantaged farmers and ranchers (4) in subsection (c)— (A) in paragraph (1)(A), by inserting veteran farmers or ranchers and members (B) in paragraph (2)(A), by inserting veteran farmers or ranchers and members (b) Definition of veteran farmer or rancher Section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) (7) Veteran farmer or rancher The term veteran farmer or rancher . 12002. Office of Advocacy and Outreach Section 226B(f)(3) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(f)(3)) is amended to read as follows: (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) such sums as are necessary for each of fiscal years 2009 through 2013; and (B) $2,000,000 for each of fiscal years 2014 through 2018. . B Livestock 12101. Wildlife reservoir zoonotic disease initiative Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7621 et seq. 413. Wildlife reservoir zoonotic disease initiative (a) Definition of covered disease In this section, the term covered disease (b) Establishment There is established within the Department a wildlife reservoir zoonotic disease initiative to provide assistance through Coordinated Agricultural Project grants for research and development of surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for covered diseases. (c) Covered disease (1) In general To be eligible for a grant under this section, an eligible entity shall conduct research and development of surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for covered diseases in— (A) a wildlife reservoir in the United States; or (B) domestic livestock or wildlife presenting a potential concern to public health. (2) Priority In making grants under this section, the Secretary shall give priority to grants that address— (A) Brucella abortus (Bovine Brucellosis); (B) Mycobacterium bovis (Bovine Tuberculosis); or (C) other zoonotic disease in livestock that is covered by a high-priority research and extension initiative conducted under section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925 (d) Eligible entities The Secretary shall carry out the initiative established under subsection (b) through public scientific research consortia that may consist of members from— (1) Federal agencies; (2) National Laboratories; (3) institutions of higher education; (4) research institutions and organizations; or (5) State agricultural experiment stations. (e) Research projects In carrying out this section, the Secretary shall award grants on a competitive basis. (f) Administration (1) In general In the case of grants awarded under this section, the Secretary shall— (A) seek and accept proposals for grants; (B) determine the relevance and merit of proposals through a system of peer and merit review in accordance with section 103; (C) award grants on the basis of merit, quality, and relevance; and (D) manage the initiative established under subsection (b) using a Coordinated Agricultural Project format. (2) Term The term of a grant under this section may not exceed 10 years. (3) Matching funds required The Secretary shall require the recipient of a grant under this section to provide funds or in-kind support from non-Federal sources in an amount that is not less than 25 percent of the amount provided by the Federal Government. (4) Other conditions The Secretary may set such other conditions on the award of a grant under this section as the Secretary determines to be appropriate. (g) Buildings and facilities Funds made available under this section shall not be used for— (1) the construction of a new building or facility; or (2) the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement and architect fees). (h) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2014 through 2018. (2) Allocation Of the amount made available for a fiscal year under paragraph (1), the Secretary shall use not less than 30 percent of the amount for the fiscal year to carry out activities under each of subparagraphs (A) and (B) of subsection (c)(2). . 12102. Trichinae certification program Section 10405(d)(1) of the Animal Health Protection Act ( 7 U.S.C. 8304(d)(1) 2012 2018 12103. National Aquatic Animal Health Plan Section 11013(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8322(d) 2012 2018 12104. Sheep production and marketing grant program (a) In general Subtitle A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. 209. Sheep production and marketing grant program (a) Establishment The Secretary, acting through the Administrator of the Agricultural Marketing Service (referred to in this section as the Secretary (b) Purpose The purpose of the grant program shall be to strengthen and enhance the production and marketing of sheep and sheep products, including improvement of— (1) infrastructure; (2) business; (3) resource development; and (4) innovative approaches to solve long-term needs. (c) Eligibility The Secretary shall make grants under this section to 1 or more national entities the mission of which is consistent with the purpose of the grant program. (d) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,500,000 for fiscal year 2014, to remain available until expended. . (b) Conforming amendment Section 374 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008j (1) amended in subsection (e)— (A) in paragraph (3)(D), by striking 3 percent 10 percent (B) by striking paragraph (6); and (2) redesignated as section 210 of the Agricultural Marketing Act of 1946; and (3) moved so as to appear at the end of subtitle A of that Act (as amended by subsection (a)). 12105. Feral swine eradication pilot program (a) In general To eradicate or control the threat feral swine pose to the domestic swine population, the entire livestock industry, and the destruction of crops and natural plant communities and native habitats, the Secretary of Agriculture may establish a feral swine eradication pilot program. (b) Pilot Subject to the availability of appropriations under this section, the Secretary may provide financial assistance for the cost of carrying out a pilot program— (1) to study and assess the nature and extent of damage to the pilot area caused by feral swine; (2) to develop methods to eradicate or control feral swine in the pilot area; and (3) to develop methods to restore damage caused by feral swine. (c) Coordination The Secretary shall ensure that the Natural Resource Conservation Service and the Animal and Plant Health Inspection Service coordinate to carry out the pilot program. (d) Cost sharing (1) Federal share The Federal share of the costs of the pilot program under this section may not exceed 75 percent of the total costs of carrying out the pilot program. (2) In-kind contributions The non-Federal share of the costs of the pilot program may be provided in the form of in-kind contributions of materials or services. (e) Limitation on administrative expenses Not more than 10 percent of financial assistance provided by the Secretary under this section may be used for administrative expenses. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018. C Other miscellaneous provisions 12201. Military Veterans Agricultural Liaison (a) In general Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 218 ( 7 U.S.C. 6918 219. Military Veterans Agricultural Liaison (a) Authorization The Secretary shall establish in the Department the position of Military Veterans Agricultural Liaison. (b) Duties The Military Veterans Agricultural Liaison shall— (1) provide information to returning veterans about, and connect returning veterans with, beginning farmer training and agricultural vocational and rehabilitation programs appropriate to the needs and interests of returning veterans, including assisting veterans in using Federal veterans educational benefits for purposes relating to beginning a farming or ranching career; (2) provide information to veterans concerning the availability of and eligibility requirements for participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs; (3) serving as a resource for assisting veteran farmers and ranchers, and potential farmers and ranchers, in applying for participation in agricultural programs; and (4) advocating on behalf of veterans in interactions with employees of the Department. (c) Contracts and cooperative agreements For purposes of carrying out the duties under subsection (b), the Military Veterans Agricultural Liaison may enter into contracts or cooperative agreements with the research centers of the Agricultural Research Service, institutions of higher education, or nonprofit organizations for— (1) the conduct of regional research on the profitability of small farms; (2) the development of educational materials; (3) the conduct of workshops, courses, and certified vocational training; (4) the conduct of mentoring activities; or (5) the provision of internship opportunities. . (b) Conforming amendments Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) (1) in paragraph (8), by striking the or (2) in paragraph (9), by striking the period at the end and inserting ; or (3) by adding at the end the following: (10) the authority of the Secretary to establish in the Department the position of Military Veterans Agricultural Liaison in accordance with section 219. . 12202. Information gathering Section 1619(b)(3) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8791 (B) Cooperation with State and local governments (i) In general Subject to clause (ii), in the case of a State agency, political subdivision, or local governmental agency that is charged with implementing an agriculture or conservation program under State law, on request of the State agency, political subdivision, or local governmental agency, the information described in paragraph (2) shall be disclosed to the State agency, political subdivision, or local governmental agency if the Secretary determines that the State agency, political subdivision, or local governmental agency demonstrates that the disclosure is required for implementing the State program. (ii) Restriction Any information disclosed to a State agency, political subdivision, or local governmental agency under clause (i) shall be— (I) used solely by the State agency, political subdivision, or local governmental agency; and (II) exempt from disclosure to the public, including under any State law that allows a citizen to petition a State agency for that information. . 12203. Grants to improve supply, stability, safety, and training of agricultural labor force Section 14204(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 2008q–1(d) (d) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $10,000,000 for each of fiscal years 2014 through 2018. . 12204. Noninsured crop assistance program (a) In general Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) In general (A) Coverages In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to— (i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(b) (ii) additional coverage available under subsections (c) and (h) of section 508 of that Act ( 7 U.S.C. 1508 (B) Administration The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the Agency ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter before clause (i), by striking (except livestock) (except livestock and crops and grasses used for grazing) (II) in clause (i), by striking and (III) by redesignating clause (ii) as clause (iii); and (IV) by inserting after clause (i) the following: (ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act ( 7 U.S.C. 1508 ; and (ii) in subparagraph (B)— (I) by inserting (except ferns) floricultural (II) by inserting (except ferns) ornamental nursery (III) by striking (including ornamental fish) (including ornamental fish, but excluding tropical fish) (2) in subsection (d), by striking The Secretary Subject to subsection (l), the Secretary (3) in subsection (k)(1)— (A) in subparagraph (A), by striking $250 $260 (B) in subparagraph (B)— (i) by striking $750 $780 (ii) by striking $1,875 $1,950 (4) by adding at the end the following: (l) Payment equivalent to additional coverage (1) In general The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act ( 7 U.S.C. 1508 (A) the quantity that is less than 50 to 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent; (B) 100 percent of the average market price for the crop, as determined by the Secretary; and (C) a payment rate for the type of crop, as determined by the Secretary, that reflects— (i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable— (I) harvested; (II) planted but not harvested; or (III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or (ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary. (2) Premium To be eligible to receive a payment under this subsection, a producer shall pay— (A) the service fee required by subsection (k); and (B) a premium for the applicable crop year that is equal to— (i) the product obtained by multiplying— (I) the number of acres devoted to the eligible crop; (II) the yield, as determined by the Secretary under subsection (e); (III) the coverage level elected by the producer; (IV) the average market price, as determined by the Secretary; and (ii) 5.25-percent premium fee. (3) Limited resource, beginning, and socially disadvantaged farmers The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2). (4) Additional availability (A) In general As soon as practicable after October 1, 2013, the Secretary shall make assistance available to producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses— (i) to a 2012 annual fruit crop grown on a bush or tree; and (ii) in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost. (B) Assistance The Secretary shall make assistance available under subparagraph (A) in an amount equivalent to assistance available under paragraph (1), less any fees not previously paid under paragraph (2). . (b) Termination date (1) In general Effective October 1, 2018, subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) are repealed. (2) Administration Effective October 1, 2018, section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 12205. Regional economic and infrastructure development Section 15751 of title 40, United States Code, is amended— (1) in subsection (a), by striking 2012 2018 (2) in subsection (b)— (A) by striking Not more than (1) In general Except as provided in paragraph (2), not more than ; and (B) by adding at the end the following: (2) Limited funding In a case in which less than $10,000,000 is made available to a Commission for a fiscal year under this section, paragraph (1) shall not apply. . 12206. Canada geese removal (a) In general On a determination by the Administrator of the Federal Aviation Administration that the population of Canada geese residing on land under the jurisdiction of the National Park Service that is located within 5 miles of any commercial airport poses a risk to flight safety, the Secretary (acting through the Administrator of the Animal and Plant Health Inspection Service), in consultation with the Secretary of the Interior and the Administrator of the Federal Aviation Administration, shall— (1) by the first subsequent molting period for Canada geese that occurs after the date of enactment of this Act, publish a management plan that provides for the removal, by not later than 1 year after the date of publication, of all Canada geese residing on the applicable land; and (2) as soon as practicable after the date of publication of the management plan under paragraph (1), commence removal of Canada geese from the applicable land. (b) JFK International Airport Not later than June 1, 2012, the Secretary (acting through the Administrator of the Animal and Plant Health Inspection Service) shall— (1) issue a record of decision for the document entitled Supplement to the Environmental Impact Statement Bird Hazard Reduction Program: John F. Kennedy International Airport (2) commence consultation with the Secretary of the Interior to complete the collection and removal of Canada geese from the applicable National Park Service land to ensure that the removal is completed by not later than August 1, 2012. 12207. Office of Tribal Relations (a) In general Title III of the Department of Agriculture Reorganization Act of 1994 is amended by adding after section 308 ( 7 U.S.C. 3125a 309. Office of Tribal Relations The Secretary shall establish in the Office of the Secretary an Office of Tribal Relations. . (b) Conforming amendments Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) (1) in paragraph (8), by striking or (2) in paragraph (9), by striking the period at the end and inserting ; or (3) by adding at the end the following: (10) the authority of the Secretary to establish in the Office of the Secretary the Office of Tribal Relations in accordance with section 309. . 12208. Repeal of duplicative program (a) In general Effective on the date of enactment of the Food, Conservation, and Energy Act ( 7 U.S.C. 8701 et seq. Public Law 110–246 (b) Application The Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. 21 U.S.C. 601 et seq. Public Law 110–246 12209. Sense of the Senate It is the sense of the Senate that nothing in this Act or an amendment made by this Act should manipulate prices or interfere with the free market. 12210. Acer Access and Development Program (a) Grants authorized; authorized activities The Secretary of Agriculture may make grants to States and tribal governments to support their efforts to promote the domestic maple syrup industry through the following activities: (1) Promotion of research and education related to maple syrup production. (2) Promotion of natural resource sustainability in the maple syrup industry. (3) Market promotion for maple syrup and maple-sap products. (4) Encouragement of owners and operators of privately held land containing species of tree in the genus Acer— (A) to initiate or expand maple-sugaring activities on the land; or (B) to voluntarily make the land available, including by lease or other means, for access by the public for maple-sugaring activities. (b) Applications In submitting an application for a grant under this section, a State or tribal government shall include— (1) a description of the activities to be supported using the grant funds; (2) a description of the benefits that the State or tribal government intends to achieve as a result of engaging in such activities; and (3) an estimate of the increase in maple-sugaring activities or maple syrup production that the State or tribal government anticipates will occur as a result of engaging in such activities. (c) Relationship to other laws Nothing in this section preempts a State or tribal government law, including any State or tribal government liability law. (d) Definition of maple sugaring In this section, the term maple-sugaring (e) Regulations The Secretary of Agriculture shall promulgate such regulations as are necessary to carry out this section. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2012 through 2015. 12211. Definition of rural area for purposes of the Housing Act of 1949 The second sentence of section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 (1) by striking 1990 or 2000 decennial census shall continue to be so classified until the receipt of data from the decennial census in the year 2010 1990, 2000, or 2010 decennial census, and any area deemed to be a rural area (2) by striking 25,000 35,000 12212. Prohibition on attending an animal fight or causing a minor to attend an animal fight; enforcement of animal fighting provisions (a) Prohibition on attending an animal fight or causing a minor To attend an animal fight Section 26 of the Animal Welfare Act ( 7 U.S.C. 2156 (1) in subsection (a)— (A) in the heading, by striking Sponsoring or Exhibiting an Animal in Sponsoring or Exhibiting an Animal in, Attending, or Causing a Minor To Attend (B) in paragraph (1)— (i) in the heading, by striking In general Sponsoring or Exhibiting (ii) by striking paragraph (2) paragraph (3) (C) by redesignating paragraph (2) as paragraph (3); and (D) by inserting after paragraph (1) the following new paragraph: (2) Attending or causing a minor to attend It shall be unlawful for any person to— (A) knowingly attend an animal fighting venture; or (B) knowingly cause a minor to attend an animal fighting venture. ; and (2) in subsection (g), by adding at the end the following new paragraph: (5) the term minor . (b) Enforcement of animal fighting prohibitions Section 49 (1) by striking Whoever (a) (2) in subsection (a), as designated by paragraph (1) of this section, by striking subsection (a), subsection (a)(1), (3) by adding at the end the following new subsections: (b) Attending an animal fighting venture Whoever violates subsection (a)(2)(A) of section 26 of the Animal Welfare Act ( 7 U.S.C. 2156 (c) Causing a minor To attend an animal fighting venture Whoever violates subsection (a)(2)(B) of section 26 ( 7 U.S.C. 2156 .

Agriculture Reform, Food, and Jobs Act of 2013

Terminating the Expansion of Too-Big-To-Fail Act of 2013 - Amends the Financial Stability Act of 2010, title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), the Federal Deposit Insurance Act, and the Federal Reserve Act to eliminate all supervision by the Board of Governors of the Federal Reserve System (Board) of domestic and foreign nonbank financial companies, including new or heightened standards and safeguards and minimum leverage capital requirements. Eliminates the duty of the Financial Stability Oversight Council to identify systemically important financial market utilities and payment, clearing, and settlement activities. Repeals the authority of the Council, acting through the Office of Financial Research, to: (1) require the submission of periodic and other reports from any domestic or foreign nonbank financial company, or (2) request the Board to examine a U.S. nonbank financial company for the sole purpose of determining whether it should be Board-supervised. Repeals specified additional Board authority to supervise certain nonbank financial companies, including the prohibition against management interlocks between such companies and certain other financial companies. Repeals the requirement that the Board study and report to Congress on: (1) specified issues with respect to the resolution of financial companies under chapter 7 (Liquidation) or 11 (Reorganization) of the Bankruptcy Code, and (2) international coordination relating to the resolution of systemic financial companies under the U.S. Bankruptcy Code and applicable foreign law. Repeals the authority of the Council to recommend to the Board: (1) prudential standards and reporting and disclosure requirements for Board-supervised nonbank financial companies, and (2) any requirement that each nonbank financial company report periodically the company's credit exposure as well as its plan for rapid and orderly resolution in the event of material financial distress or failure. Repeals the requirement that the Council study the feasibility, benefits, costs, and structure of a contingent capital requirement for Board-supervised nonbank financial companies. Eliminates reporting requirements for such companies. Repeals the Payment, Clearing, and Settlement Supervision Act of 2010 (title VIII of Dodd-Frank).

113 S100 IS: Terminating the Expansion of Too-Big-To-Fail Act of 2013 U.S. Senate 2013-01-23 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 113th CONGRESS 1st Session S. 100 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Vitter Committee on Banking, Housing, and Urban Affairs A BILL To amend the Financial Stability Act of 2010 to repeal certain designation authority of the Financial Stability Oversight Council, to repeal the Payment, Clearing, and Settlement Supervision Act of 2010, and for other purposes. 1. Short title This Act may be cited as the Terminating the Expansion of Too-Big-To-Fail Act of 2013 2. Repeal of designation authority under the Financial Stability Act of 2010 (a) In general The Dodd Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (1) in section 102 (12 U.S.C. 5311)— (A) in subsection (a)— (i) by striking paragraph (4); and (ii) by amending paragraph (7) to read as follows: (7) Significant bank holding company The term significant bank holding company ; and (B) by striking subsection (c); (2) in section 112 (12 U.S.C. 5322)— (A) in subsection (a)— (i) in paragraph (1)(A), by striking or nonbank financial companies (ii) in paragraph (2)— (I) in subparagraph (A), by striking and nonbank financial companies (II) by striking subparagraphs (H) and (J); (III) by redesignating subparagraphs (I), (K), (L), (M), and (N) as subparagraphs (H), (I), (J), (K), and (L), respectively; (IV) in subparagraph (H), as so redesignated, by striking nonbank financial companies and (V) in subparagraph (I), as so redesignated, by striking , nonbank financial companies, (VI) in subparagraph (L), as so redesignated— (aa) by striking clause (iv); and (bb) by redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively; and (B) in subsection (d)— (i) in paragraph (3)— (I) in subparagraph (A), by striking nonbank financial company or (II) in subparagraph (B), by striking nonbank financial company or (III) in subparagraph (C), by striking foreign nonbank financial company or (ii) by striking paragraph (4); (3) by striking sections 113 ( 12 U.S.C. 5323 12 U.S.C. 5324 12 U.S.C. 5361 12 U.S.C. 5362 12 U.S.C. 5364 12 U.S.C. 5367 (4) in section 115 (12 U.S.C. 5325)— (A) in the heading for such section, by striking nonbank financial companies supervised by the Board of Governors and (B) in subsection (a)(1)— (i) by striking nonbank financial companies supervised by the Board of Governors and (ii) in subparagraph (A), by striking nonbank financial companies and (C) in subsection (b)— (i) in paragraph (2)— (I) in the heading for such paragraph, by striking financial companies bank holding companies (II) by striking foreign nonbank financial companies supervised by the Board of Governors or (III) in subparagraph (B), by striking foreign nonbank financial company or (ii) in paragraph (3)— (I) in subparagraph (A)— (aa) by striking nonbank financial companies supervised by the Board of Governors and (bb) in clause (i), by inserting before the semicolon the following: (as in effect on the day before the date of the enactment of the Terminating the Expansion of Too-Big-To-Fail Act of 2013 (II) in subparagraph (B), by inserting after section 113 (as in effect on the day before the date of the enactment of the Terminating the Expansion of Too-Big-To-Fail Act of 2012) (D) in subsection (c)— (i) in paragraph (1), by striking nonbank financial companies supervised by the Board of Governors and (ii) in paragraph (3)— (I) in subparagraph (A), by striking any nonbank financial company supervised by the Board of Governors and (II) in subparagraph (B)(iii), by striking a nonbank financial company supervised by the Board of Governors or (E) in subsection (d)— (i) in paragraph (1), by striking each nonbank financial company supervised by the Board of Governors and (ii) in paragraph (2)— (I) by striking nonbank financial company supervised by the Board of Governors and (II) by striking significant nonbank financial companies and (F) in subsection (e), by striking nonbank financial companies supervised by the Board of Governors or (G) in subsection (f), by striking and by nonbank financial companies supervised by the Board of Governors (H) in subsection (g), by striking , nonbank financial companies supervised by the Board of Governors, (5) in section 116 (12 U.S.C. 5326)— (A) in subsection (a), by striking or a nonbank financial company supervised by the Board of Governors (B) in subsection (b)— (i) in paragraph (1)(A), by striking , nonbank financial company supervised by the Board of Governors, (ii) in paragraph (2), by striking and nonbank financial company supervised by the Board of Governors (6) in section 117 (12 U.S.C. 5327)— (A) in subsection (b), by striking such entity shall be treated as a nonbank financial company supervised by the Board of Governors, as if the Council had made a determination under section 113 with respect to that entity for purposes of this title, such entity shall be treated as a bank holding company with total consolidated assets of $50,000,000,000 (B) in subsection (c)— (i) in paragraph (1), by striking a nonbank financial company supervised by the Board of Governors a bank holding company with total consolidated assets of $50,000,000,000 (ii) in paragraph (2), by striking subparagraph (C); (7) in section 119(a) ( 12 U.S.C. 5329(a) , nonbank financial company, (8) in section 120 (12 U.S.C. 5330)— (A) in subsection (a)— (i) by striking or nonbank financial companies (ii) by striking and nonbank financial companies (B) in subsection (d)— (i) in paragraph (1), by adding and (ii) in paragraph (2), by striking ; and (iii) by striking paragraph (3); (9) in section 121 (12 U.S.C. 5331)— (A) in subsection (a), by striking , or a nonbank financial company supervised by the Board of Governors, (B) in subsection (c), by inserting after section 113 (as in effect on the day before the date of the enactment of the Terminating the Expansion of Too-Big-To-Fail Act of 2012) (C) in subsection (d)— (i) in the heading for such subsection, by striking Foreign financial companies Foreign-Based bank holding companies (ii) by striking foreign nonbank financial companies supervised by the Board of Governors and (iii) by amending paragraph (2) to read as follows: (2) taking into account the extent to which the foreign-based bank holding company is subject on a consolidated basis to home country standards that are comparable to those applied to bank holding companies in the United States. ; (10) in the heading for subtitle C, by striking Certain nonbank financial companies and (11) in section 155(d) ( 12 U.S.C. 5345(d) and nonbank financial companies supervised by the Board of Governors (12) in section 163 ( 12 U.S.C. 5363 (A) by striking subsection (a), (B) by redesignating subsection (b) as subsection (a); and (C) in subsection (a), as so redesignated, by striking or a nonbank financial company supervised by the Board of Governors (13) in section 165 ( 12 U.S.C. 5365 (A) in the heading for such section, by striking nonbank financial companies supervised by the Board of Governors and (B) in subsection (a)(1)— (i) by striking nonbank financial companies supervised by the Board of Governors and (ii) in subparagraph (A), by striking nonbank financial companies and (C) in subsection (b)— (i) in paragraph (1), by striking nonbank financial companies supervised by the Board of Governors and (ii) in paragraph (2)— (I) in the heading for such paragraph, by striking foreign financial companies foreign-based bank holding companies (II) by striking foreign nonbank financial company supervised by the Board of Governors or (III) in subparagraph (B)— (aa) by striking foreign financial company foreign-based bank holding company (bb) by striking financial companies bank holding companies (iii) in paragraph (3)— (I) by inserting after section 113 (as in effect on the day before the date of the enactment of the Terminating the Expansion of Too-Big-To-Fail Act of 2012) (II) in subparagraph (A), by striking nonbank financial companies supervised by the Board of Governors and (iv) in paragraph (4), by striking a nonbank financial company supervised by the Board of Governors or (D) in subsection (c)— (i) in paragraph (1)— (I) by striking nonbank financial company supervised by the Board of Governors and (II) by striking bank holding companies bank holding company (ii) in paragraph (2)(D), by striking nonbank financial company supervised by the Board of Governors or a (E) in subsection (d)— (i) by striking nonbank financial company supervised by the Board of Governors and (ii) in paragraph (1), by striking bank holding companies bank holding company (iii) in paragraph (2)— (I) by striking significant nonbank financial companies and (II) by striking bank holding companies bank holding company (iv) in paragraph (4), by striking a nonbank financial company supervised by the Board of Governors or (v) in paragraph (5), by striking a nonbank financial company supervised by the Board of Governors or (vi) in paragraph (6), by striking the nonbank financial company supervised by the Board, any bank holding company, or any subsidiary or affiliate of the foregoing any bank holding company or any subsidiary or affiliate of the bank holding company (F) in subsection (e)— (i) in paragraph (1), by striking a nonbank financial company supervised by the Board of Governors or (ii) in paragraph (2), by striking nonbank financial company supervised by the Board of Governors and (iii) in paragraph (3), by striking the nonbank financial company supervised by the Board of Governors or (iv) in paragraph (4), by striking a nonbank financial company supervised by the Board of Governors or (G) in subsection (f), by striking nonbank financial companies supervised by the Board of Governors and (H) in subsection (g)(1), by striking and any nonbank financial company supervised by the Board of Governors (I) in subsection (h)— (i) by striking paragraph (1); (ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (iii) in paragraph (1), as so redesignated, by striking paragraph (3) paragraph (2) (iv) in paragraph (2), as so redesignated, by striking nonbank financial company supervised by the Board of Governors or (J) in subsection (i)— (i) in paragraph (1)— (I) in subparagraph (A), by striking nonbank financial companies supervised by the Board of Governors and (II) in subparagraph (B), by striking and nonbank financial companies (ii) in paragraph (2)(A), by striking nonbank financial company supervised by the Board of Governors and a (K) in subsection (j)— (i) in paragraph (1), by striking or a nonbank financial company supervised by the Board of Governors (ii) in paragraph (2), by inserting after section 113 (as in effect on the day before the date of the enactment of the Terminating the Expansion of Too-Big-To-Fail Act of 2012) (L) in subsection (k)(1), by striking or nonbank financial company supervised by the Board of Governors (14) in section 166 ( 12 U.S.C. 5366 a nonbank financial company supervised by the Board of Governors or (15) in section 169 ( 12 U.S.C. 5369 and nonbank financial companies (16) in section 171(b) ( 12 U.S.C. 5371(b) (A) by striking , depository institution holding companies, and nonbank financial companies supervised by the Board of Governors and depository institution holding companies (B) in paragraph (3)— (i) by striking or nonbank financial companies supervised by the Board of Governors (ii) by striking or the primary financial regulatory agency in the case of nonbank financial companies supervised by the Board of Governors (C) in paragraph (4)— (i) by striking or by nonbank financial companies supervised by the Board of Governors (ii) by adding a period at the end. (b) Conforming amendments (1) Bank Holding Company Act of 1956 The Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. (A) in section 13 (12 U.S.C. 1851)— (i) in subsection (a), by striking paragraph (2); (ii) in subsection (b)(2)(B)— (I) in clause (i)(II), by striking , any nonbank financial company supervised by the Board (II) in clause (ii), by striking and nonbank financial companies supervised by the Board (iii) in subsection (c)(2)— (I) by striking or nonbank financial company supervised by the Board (II) by striking or 2 years after the date on which the entity or company becomes a nonbank financial company supervised by the Board (iv) in subsection (e)(2), by striking or nonbank financial company supervised by the Board (v) in subsection (g), by striking or nonbank financial company supervised by the Board (vi) in subsection (h)— (I) by striking paragraph (3); (II) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (3), (4), (5), and (6), respectively; and (III) in paragraph (3), as so redesignated, by striking or nonbank financial company supervised by the Board (B) in section 14(a) ( 12 U.S.C. 1852(a) (i) in paragraph (2)— (I) by striking subparagraph (E); and (II) by redesignating subparagraph (F) as subparagraph (E); and (ii) in paragraph (3)(C), by striking or other nonbank financial company supervised by the Board (2) Dodd- F The Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 (A) in the table of contents for such Act under section 1(b)— (i) by striking the items relating to sections 113, 114, 161, 162, 164, 167, 170, 216, and 217; (ii) in the item relating to section 115, by striking nonbank financial companies supervised by the Board of Governors and (iii) in the item relating to subtitle C of title II, by striking certain nonbank financial companies and (iv) in the item relating to section 165, by striking nonbank financial companies supervised by the Board of Governors and (B) in section 201(a) ( 12 U.S.C. 5381(a) (i) in paragraph (11)(B)— (I) by striking clause (ii); and (II) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (ii) by striking paragraphs (14) and (15); and (iii) by redesignating paragraph (16) as paragraph (14); (C) in section 210(o)(1)(A) ( 12 U.S.C. 5390(o)(1)(A) and any nonbank financial company supervised by the Board of Governors (D) in section 618(a)(4)(B) ( 12 U.S.C. 1850a(a)(4)(B) (i) by striking clause (i); and (ii) by redesignating clauses (ii), (iii), (iv), (v), and (vi) as clauses (i), (ii), (iii), (iv), and (v), respectively; (E) in section 716(i)(1) ( 15 U.S.C. 8305(i)(1) (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B), as so redesignated— (I) in the heading for such subparagraph, by striking , non-systemically significant institutions not subject to heightened prudential supervision as regulated under section 113 swaps entities (II) by striking , non-systemically significant institutions not subject to heightened prudential supervision as regulated under section 113 (F) in section 726(a) ( 15 U.S.C. 8323(i) a nonbank financial company (as defined in section 102) supervised by the Board, an affiliate of such a bank holding company or nonbank financial company, an affiliate of such a bank holding company, (G) in section 765(a) ( 15 U.S.C. 8343(a) a nonbank financial company (as defined in section 102) supervised by the Board of Governors of the Federal Reserve System, affiliate of such a bank holding company or nonbank financial company, affiliate of such a bank holding company, (3) Federal Deposit Insurance Act Section 10(b)(3) of the Federal Deposit Insurance Act ( 12 U.S.C. 1820(b)(3) (A) in subparagraph (A)— (i) by striking or nonbank financial company supervised by the Board of Governors (ii) by striking or of such nonbank financial company supervised by the Board of Governors (B) in subparagraph (B), by striking a nonbank financial company supervised by the Board of Governors or (4) Federal Reserve Act Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 (A) by redesignating the second subsection (s), as added by section 318(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as subsection (t); and (B) in paragraph (2) of subsection (t), as so redesignated— (i) in subparagraph (A), by adding and (ii) in subparagraph (B), by striking ; and (iii) by striking subparagraph (C); (5) Title 31 Section 313(c)(1) (A) by striking subparagraph (C); and (B) by redesignating subparagraphs (D), (E), (F), (G), and (H) as subparagraphs (C), (D), (E), (F), and (G), respectively. 3. Repeal of the Payment, Clearing, and Settlement Supervision Act of 2010 Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5461 et seq.

Terminating the Expansion of Too-Big-To-Fail Act of 2013

(This measure has not been amended since it was passed by the Senate on December 2, 2014. The summary of that version is repeated here.) Chesapeake Bay Accountability and Recovery Act of 2014 - (Sec. 3) Requires the Office of Management and Budget (OMB) to submit to Congress a financial report on restoration activities in the Chesapeake Bay watershed by September 30 of each year. Requires the report to contain: an interagency crosscut budget for federal and state restoration activities that protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed; an accounting of funds received and obligated by each federal agency for restoration activities during the current and preceding fiscal years; an accounting from Maryland, West Virginia, Delaware, New York, Virginia, Pennsylvania, and the District of Columbia of all funds received and obligated from a federal agency for restoration activities during the current and preceding fiscal years; and a description of each of the proposed federal and state restoration activities to be carried out in the succeeding fiscal year. Requires the report to describe only restoration activities that have funding amounts of at least $300,000 for the first three years and restoration activities that have funding amounts of at least $100,000 thereafter. (Sec. 4) Establishes an Independent Evaluator for the Chesapeake Bay watershed to review and report to Congress every two years on restoration activities and related topics that are suggested by the Chesapeake Executive Council. Sets forth the process for appointment of the Independent Evaluator and the qualifications for the position. (Sec. 5) Provides that no additional funds are authorized to be appropriated to carry out this Act.

S1000 ENR: Chesapeake Bay Accountability and Recovery Act of 2014 U.S. Senate 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. One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 1000 IN THE SENATE OF THE UNITED STATES AN ACT To require the Director of the Office of Management and Budget to prepare a crosscut budget for restoration activities in the Chesapeake Bay watershed, and for other purposes. 1. Short title This Act may be cited as the Chesapeake Bay Accountability and Recovery Act of 2014 2. Definitions In this Act: (1) Administrator The term Administrator (2) Chesapeake Bay State The term Chesapeake Bay State State (A) the States of Maryland, West Virginia, Delaware, and New York; (B) the Commonwealths of Virginia and Pennsylvania; and (C) the District of Columbia. (3) Chesapeake Bay watershed The term Chesapeake Bay watershed (4) Chesapeake Executive Council The term Chesapeake Executive Council (5) Chief executive The term chief executive (6) Director The term Director (7) Federal restoration activity (A) In general The term Federal restoration activity (B) Categorization Federal restoration activities may be categorized as follows: (i) Physical restoration. (ii) Planning. (iii) Feasibility studies. (iv) Scientific research. (v) Monitoring. (vi) Education. (vii) Infrastructure development. (8) State restoration activity (A) In general The term State restoration activity (B) Categorization State restoration activities may be categorized as follows: (i) Physical restoration. (ii) Planning. (iii) Feasibility studies. (iv) Scientific research. (v) Monitoring. (vi) Education. (vii) Infrastructure development. 3. Chesapeake Bay crosscut budget (a) In general The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial report containing— (1) an interagency crosscut budget that displays, as applicable— (A) the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities; (B) to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year; (C) all expenditures for Federal restoration activities from the preceding 2 fiscal years, the current fiscal year, and the succeeding fiscal year; (D) all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C); and (E) a section that identifies and evaluates, based on need and appropriateness, specific opportunities to consolidate similar programs and activities within the budget and recommendations to Congress for legislative action to streamline, consolidate, or eliminate similar programs and activities within the budget; (2) a detailed accounting of all funds received and obligated by each Federal agency for restoration activities during the current and preceding fiscal years, including the identification of funds that were transferred to a Chesapeake Bay State for restoration activities; (3) to the extent that information is available, a detailed accounting from each State of all funds received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; and (4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including— (A) the project description; (B) the current status of the project; (C) the Federal or State statutory or regulatory authority, program, or responsible agency; (D) the authorization level for appropriations; (E) the project timeline, including benchmarks; (F) references to project documents; (G) descriptions of risks and uncertainties of project implementation; (H) a list of coordinating entities; (I) a description of the funding history for the project; (J) cost sharing; and (K) alignment with the existing Chesapeake Bay Agreement, Chesapeake Executive Council goals and priorities, and Annual Action Plan required by section 205 of Executive Order 13508 ( 33 U.S.C. 1267 (b) Minimum funding levels In describing restoration activities in the report required under subsection (a), the Director shall only include— (1) for the first 3 years that the report is required, descriptions of— (A) Federal restoration activities that have funding amounts greater than or equal to $300,000; and (B) State restoration activities that have funding amounts greater than or equal to $300,000; and (2) for every year thereafter, descriptions of— (A) Federal restoration activities that have funding amounts greater than or equal to $100,000; and (B) State restoration activities that have funding amounts greater than or equal to $100,000. (c) Deadline The Director shall submit to Congress the report required by subsection (a) not later than September 30 of each year. (d) Report Copies of the report required by subsection (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Commerce, Science, and Transportation of the Senate. (e) Effective date This section shall apply beginning with the first fiscal year after the date of enactment of this Act. 4. Independent Evaluator for the Chesapeake Bay Program (a) In general There shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed, who shall review and report on— (1) restoration activities; and (2) any related topics that are suggested by the Chesapeake Executive Council. (b) Appointment (1) In general Not later than 30 days after the date of submission of nominees by the Chesapeake Executive Council, the Independent Evaluator shall be appointed by the Administrator from among nominees submitted by the Chesapeake Executive Council with the consultation of the scientific community. (2) Nominations The Chesapeake Executive Council may nominate for consideration as Independent Evaluator a science-based institution of higher education. (3) Requirements The Administrator shall only select as Independent Evaluator a nominee that the Administrator determines demonstrates excellence in marine science, policy evaluation, or other studies relating to complex environmental restoration activities. (c) Reports Not later than 180 days after the date of appointment and once every 2 years thereafter, the Independent Evaluator shall submit to Congress a report describing the findings and recommendations of reviews conducted under subsection (a). 5. Prohibition on new funding No additional funds are authorized to be appropriated to carry out this Act. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Chesapeake Bay Accountability and Recovery Act of 2014

Iran Export Embargo Act - Amends the Iran Freedom and Counter-Proliferation Act of 2012 to direct the President to prohibit all transactions in property and property interests of a person (as defined in this Act) if such property and property interests are in the United States or within the possession or control of a U.S. individual. Directs the President to prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that has knowingly conducted or facilitated a significant transaction with respect to the importation, sale, or transfer of goods or services from Iran on behalf of a described person. Directs the President to impose sanctions pursuant to the International Emergency Economic Powers Act with respect to an individual that knowingly: (1) imports, purchases, or transfers goods or services from a described person; and (2) provides underwriting services or insurance or reinsurance to a described person. Describes a "person" as: (1) the state and the government of Iran, or any political subdivision, agency, or instrumentality of such government, including the Central Bank of Iran; (2) any person owned or controlled by, or acting for or on behalf of, such government; or (3) any other person determined by the President to be described in clauses (1) or (2).

113 S1001 IS: Iran Export Embargo Act U.S. Senate 2013-05-21 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 113th CONGRESS 1st Session S. 1001 IN THE SENATE OF THE UNITED STATES May 21, 2013 Mr. Cornyn Mr. Kirk Mr. Cruz Mr. Blunt Mr. Roberts Mr. Chambliss Mr. Risch Mr. Coats Mr. Graham Mr. Wicker Mrs. Fischer Mr. Boozman Mr. Crapo Mr. Isakson Mr. Hoeven Mr. Rubio Mr. Vitter Committee on Banking, Housing, and Urban Affairs A BILL To impose sanctions with respect to the Government of Iran. 1. Short title This Act may be cited as the Iran Export Embargo Act 2. Imposition of sanctions with respect to the Government of Iran The Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. 1245A. Imposition of sanctions with respect to the Government of Iran (a) Findings Congress makes the following findings: (1) The Government of Iran stands in violation of the United Nations Universal Declaration of Human Rights, adopted at Paris December 10, 1948, by denying its citizens basic freedoms, including the freedoms of expression, religion, and peaceful assembly and movement, and for flagrantly abusing the rights of minorities and women. (2) The Government of Iran remains the leading state sponsor of terrorism in the world. That Government’s sponsorship of terrorism includes recent involvement in a terrorist attack in Bulgaria, a plot to blow up a cafe in Washington, DC, a plot to assassinate United States officials in the Republic of Azerbaijan, and attempted terrorist attacks in Canada and the Republic of Georgia. (3) The Government of Iran stands in violation of United Nations Security Council Resolutions 1737 (2006), 1747 (2007), 1803 (2008), and 1929 (2010) by refusing to suspend proliferation-sensitive nuclear activities, including all enrichment-related and reprocessing activities and work on all heavy water-related projects. (4) The Government of Iran continues to develop ballistic missiles capable of threatening the interests and allies of the United States. (5) The Government of Iran stands in violation of United Nations Security Council Resolution 1701 (2006) by its continued transfer of arms to terrorist groups in southern Lebanon. (6) The Government of Iran continues to provide arms to terrorist groups in the Gaza Strip. (7) The Government of Iran continues to support the Government of Syria in carrying out human rights abuses and crimes against humanity against the people of Syria. (b) Blocking of property On and after the date that is 60 days after the date of the enactment of this Act, the President shall block and prohibit all transactions in all property and interests in property of a person described in subsection (f) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (c) Facilitation of certain transactions The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly, on or after the date that is 60 days after the date of the enactment of this Act, conducted or facilitated a significant transaction with respect to the importation, sale, or transfer of goods or services from Iran on behalf of a person described in subsection (f). (d) Importation, sale, or transfer of goods and services from Iran The President shall impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (e) Insurance and reinsurance (1) In general The President shall impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (2) Exception for underwriters and insurance providers exercising due diligence The President may not impose sanctions under paragraph (1) with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for a person described in subsection (f). (f) Persons described A person described in this subsection is any of the following: (1) The state and the Government of Iran, or any political subdivision, agency, or instrumentality of that Government, including the Central Bank of Iran. (2) Any person owned or controlled, directly or indirectly, by that Government. (3) Any person acting or purporting to act, directly or indirectly, for or on behalf of that Government. (4) Any other person determined by the President to be described in paragraph (1), (2), or (3). (g) Rule of construction A person described in subsection (f) is subject to sanctions under this section without regard to whether the name of the person is published in the Federal Register or incorporated into the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. (h) Applicability to exports of crude oil from Iran Subsections (c) and (d) shall apply with respect to the exportation, importation, sale, or transfer of crude oil from Iran on and after the date that is 180 days after the date of the enactment of this Act. .

Iran Export Embargo Act

Home Building Lending Improvement Act of 2013 - Directs each of the appropriate federal banking agencies to initiate guidance or rulemaking with respect to financial institutions under their respective jurisdictions that make real estate loans to home builders. Requires such rulemaking to provide for: (1) adjustment from 100% to 125% of bank capital the measurement that triggers additional scrutiny on real estate loans in the lending portfolio of any qualified financial institution, (2) a prohibition against compelling lenders to call loans in good standing, and (3) improved composite ratings of a financial institution to take effect immediately. Prohibits a federal banking agency from preventing a qualified financial institution from making a real estate loan to a home builder in good standing that is secured by a viable project, unless there is a legitimate supervisory or accounting reason to do so. Prohibits such banking agencies from requiring a financial institution to reclassify any real estate loan to a homebuilder in good standing on the balance sheet of such institution, unless there is a legitimate supervisory or accounting reason to do so. Prohibits such agency guidance and regulations from superseding state law, except to the extent of state law inconsistency.

113 S1002 IS: Home Building Lending Improvement Act of 2013 U.S. Senate 2013-05-21 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 113th CONGRESS 1st Session S. 1002 IN THE SENATE OF THE UNITED STATES May 21, 2013 Mr. Menendez Mr. Isakson Committee on Banking, Housing, and Urban Affairs A BILL To enable Federal and State chartered banks and thrifts to meet the credit needs of home builders in the United States, and to provide liquidity and ensure stable credit in order to meet the need for new homes in the United States. 1. Short title This Act may be cited as the Home Building Lending Improvement Act of 2013 2. Purpose It is the purpose of this Act to— (1) immediately provide authority and guidance that Federal and State bank regulators can use to ensure that Federal and State chartered banks and thrifts that provide financing to America’s home builders are permitted to make loans, provide ongoing liquidity, and ensure stable financing; and (2) enable Federal and State chartered banks and thrifts to provide initial and ongoing credit in a sound manner to America’s home builders to aid in restoring liquidity and vitality to the housing market. 3. Coordinated rulemaking (a) Initiation of proceedings Not later than 3 months after the date of enactment of this Act, the appropriate Federal banking agencies shall each initiate guidance or rulemaking with respect to financial institutions under their respective jurisdictions that make real estate loans to home builders. Such guidance or rulemaking shall provide for the following: (1) Adjustment of the 100 percent of bank capital measurement (A) Loan origination Notwithstanding any other provision of law, the measurement of construction loans that triggers additional scrutiny of real estate loans in the lending portfolio of any qualified financial institution shall be 125 percent of bank capital. The Federal banking agencies shall not treat the 125 percent measurement as a hard cap beyond which loans cannot be made, but shall consider other relevant factors besides the concentration of such loans, such as whether the financial institution has in place effective risk management practices that are appropriate for the level and nature of the risk of such loans. (B) Lending decisions The appropriate Federal banking agency shall not prevent a qualified financial institution from making a real estate loan to a home builder in good standing that is secured by a viable project, unless there is a legitimate supervisory or accounting reason to do so. (2) Prohibition on compelling lenders to call loans in good standing (A) Home builders in good standing The appropriate Federal banking agency shall not compel a financial institution to call a real estate loan of a home builder that is in good standing. (B) Workout activities (i) In general In any case in which a home builder is in good standing on a real estate loan, but the collateral of the home builder with respect to that loan has decreased in value, based on a projected valuation of a project as completed, the appropriate Federal banking agency shall permit a financial institution to engage in workout activities with the home builder to improve the prospects for repayment of principal and interest in a manner that is consistent with safe and sound banking principles and the need for credit for home building. (ii) Period of workout activities Workout activities authorized under clause (i) may be undertaken during the 24-month period following the date of issuance of final guidance or regulations under subsection (c). (iii) Effects No real estate loan may be required to be charged off during the period established in clause (ii) until the appropriate Federal banking agency has determined that— (I) the financial institution holding such loan has worked in good faith to consider reasonable workout activities and has adequately provided for any impairment in such loan; or (II) the financial institution has not considered reasonable workout activities in a timely manner. (C) Reclassification of loans The appropriate Federal banking agency shall not require a financial institution to reclassify any real estate loan to a homebuilder in good standing on the balance sheet of such institution, unless there is a legitimate supervisory or accounting reason to do so. (3) No Waiting period If the provisions of paragraph (2) help to improve the CAMEL composite rating of a financial institution under the Uniform Financial Institutions Rating System from 3, 4, or 5 to 1 or 2 in the next occurring examination of the financial institution that begins after the date on which final guidance or regulations are issued pursuant to subsection (c), such improved rating shall take effect immediately after the date on which such rating was received. (b) Coordination, consistency, and comparability Each Federal banking agency shall consult and coordinate with the other Federal banking agencies for the purpose of assuring, to the extent possible, that the guidance or regulations by each of the agencies and authorities are consistent and comparable with those prescribed by the other agencies and authorities. (c) Deadline Each Federal banking agency shall issue final guidance or regulations to implement this Act not later than the earlier of— (1) 6 months after the date of enactment of this Act; or (2) 3 months after the guidance or regulations are proposed. (d) Agency authority The guidance and regulations issued under this Act shall be enforced by the appropriate Federal banking agencies. (e) Effect on State law The guidance and regulations issued under this Act shall not supersede the law of any State, except to the extent that the State law is inconsistent with the guidance and regulations, and then only to the extent of the inconsistency. 4. Definitions In this Act, the following definitions shall apply: (1) Appropriate Federal banking agency; federal banking agency The terms appropriate Federal banking agency Federal banking agency 12 U.S.C. 1813 (2) Financial institution The term financial institution (3) Good standing The term good standing (4) Real estate loan The term real estate loan (A) land acquisition for residential construction projects; (B) land development for residential construction projects; or (C) residential construction projects. (5) Total capital The term total capital (6) Viable project The term viable project (7) Workout activities The term workout activities (8) Qualified financial institution The term qualified financial institution

Home Building Lending Improvement Act of 2013

Anti-Trust Freedom Act of 2013 - Provides that the Sherman Act, the Clayton Act, and provisions of the Federal Trade Commission Act prohibiting unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce shall not be construed to prohibit, ban, or otherwise extend to any voluntary economic coordination, cooperation, agreement, or other association, compact, contract, or covenant entered into by or between any individual or group of individuals.

113 S1004 PCS: Anti-Trust Freedom Act of 2013 U.S. Senate 2013-05-21 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 Calendar No. 77 113th CONGRESS 1st Session S. 1004 IN THE SENATE OF THE UNITED STATES May 21, 2013 Mr. Paul May 22, 2013 Read the second time and placed on the calendar A BILL To permit voluntary economic activity. 1. Short title This Act may be cited as the Anti-Trust Freedom Act of 2013 2. Voluntary economic coordination by individuals The Sherman Act ( 15 U.S.C. 1 et seq. 15 U.S.C. 12 et seq. 15 U.S.C. 45 May 22, 2013 Read the second time and placed on the calendar

Anti-Trust Freedom Act of 2013

Conservation Reform Act of 2013 - Directs the Secretary of State to enter into an arrangement with the National Academy of Sciences to conduct a study of, and report to Congress on, U.S. international conservation programs to determine the extent to which such programs are: (1) advancing conservation in the world's most ecologically and economically important terrestrial and marine ecosystems; (2) addressing natural resource challenges; (3) advancing U.S. foreign policy priorities in areas such as security, democratization, sustainable food production, and clean water; (4) enhancing economic and wildlife conservation benefits derived from properly managed international hunting and angling tourism; and (5) addressing poaching, illegal logging, fishing, and wildlife trafficking. Directs the President: (1) to establish the Interagency Working Group on Global Conservation; and (2) through such Working Group, to establish the International Conservation Strategy to strengthen the capacity of the United States to collaborate with other countries, international organizations, the private sector, and private voluntary organizations to conserve natural resources and enhance biodiversity. Requires: (1) the Strategy to provide a comprehensive plan of action that identifies specific and measurable benchmarks, goals, and time frames; and (2) the Working Group to ensure that the Strategy is appropriate to local needs and conditions and incorporates the views of partner countries. Establishes the International Conservation Public Advisory Board to: (1) advise the Working Group on matters related to U.S. international conservation policies and programs and the implementation of the Strategy; and (2) ensure that the best scientific, policy, economic security, and business expertise are reflected in U.S. international conservation strategies and policies. Prohibits any provision in this Act from being construed as restricting, limiting, or otherwise impairing: (1) properly managed recreational hunting and angling, or (2) the ability of any foreign jurisdiction or authority to authorize regulated programs supporting wildlife for local consumption and commercialization. Urges the President to work with foreign assistance donor countries to: (1) develop a comprehensive international conservation assistance strategy consistent with the United States International Conservation Strategy, (2) identify multilateral mechanisms to coordinate international action, and (3) agree on a timetable for achieving the goals of the United States International Conservation Strategy.

113 S1005 IS: Conservation Reform Act of 2013 U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1005 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Portman Mr. Udall of New Mexico Mr. Whitehouse Committee on Foreign Relations A BILL To establish more efficient and effective policies and processes for departments and agencies engaged in or providing support to, international conservation. 1. Short title This Act may be cited as the Conservation Reform Act of 2013 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Developing country The term developing country (3) Hotspot regions The term hotspot regions (4) Natural resources or renewable natural resources The terms natural resources renewable natural resources I Assessing existing policies and programs 101. National academy of sciences study and government accountability office audit and report (a) Study required Not later than 90 days after the date of the enactment of this Act, the Secretary of State and the heads of other relevant Federal agencies shall enter into an arrangement with the National Academy of Sciences to conduct a study of existing United States international conservation programs to determine the extent to which such programs are achieving the following objectives: (1) Advancing conservation in the world’s most ecologically and economically important terrestrial and marine ecosystems and protecting distinct hotspot regions that provide a high level of economic benefit to human communities as well as a high concentration of genetic and other natural resources. (2) Enhancing and expanding partnerships throughout the international community to address natural resource challenges to ensure healthy and sustainable supplies of water, wildlife habitat and populations, fish stocks and habitat, forests, plants, and other critical resources. (3) Integrating international conservation projects and activities to advance United States foreign policy priorities in areas such as security, democratization, sustainable food production, and clean water. (4) Expanding and enhancing the economic and wildlife conservation benefits that derive from properly managed international hunting and angling tourism. (5) Addressing poaching, illegal logging, fishing, and wildlife trafficking and the flow of funds to criminal gangs and terrorists. (b) Report required Not later than 2 years after the date of the enactment of this Act, the National Academy of Sciences shall submit to the appropriate congressional committees a report containing the findings of the study conducted pursuant to subsection (a). (c) GAO report Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall issue a report that includes— (1) a detailed description of key federally sponsored multilateral international conservation programs, including— (A) the agencies associated with each program; (B) the primary goals of each program; (C) the extent to which executive branch agencies have established measures of performance and effectiveness for each program; and (D) the funds made available to each program in the previous fiscal year; (2) an assessment on how well executive branch agencies are collaborating and coordinating on international conservation efforts; (3) an assessment on the extent to which executive branch agencies have established strategic goals and performance measures; (4) an assessment of agency processes to ensure conservation programs are administered effectively, efficiently, and with minimal expenditures for program administration; (5) identification of conservation programs and policies currently being utilized abroad and evaluation of the potential for similar approaches to be adopted by the United States to further the purposes of this Act; (6) any recommendations that the Comptroller General considers appropriate and useful to improve collaboration and coordination between executive branch agencies on international conservation efforts; and (7) any other analyses the Comptroller General considers necessary or appropriate. II Policy planning and implementation 201. United States international conservation strategy (a) In general Not later than 2 years after the date of the enactment of this Act, the President, acting through the Interagency Working Group on International Conservation designated pursuant to section 202(a), shall establish and submit to the appropriate congressional committees a comprehensive strategy (hereafter referred to as the International Conservation Strategy (b) Goals and benchmarks The International Conservation Strategy established pursuant to subsection (a) shall provide a plan of action that identifies specific and measurable goals, benchmarks, and time frames for— (1) advancing conservation in the world’s most ecologically and economically important terrestrial and marine ecosystems; (2) supporting distinct hotspot regions that provide a high level of economic benefit to human communities as well as a high concentration of genetic and other natural resources; (3) helping developing countries address illegal, unreported, and unregulated industrial fishing where economies are negatively impacted by depleted fish stocks; (4) safeguarding natural areas that provide fresh water to developing countries; (5) supporting enforcement efforts against illegal logging in centers of the illegal logging trade; (6) supporting enforcement efforts against poaching and unlawful wildlife trafficking operations; (7) facilitating and leveraging the economic and conservation benefits that derive from properly managed international hunting, angling, and wildlife observation tourism; (8) stabilizing or reversing renewable natural resource scarcity and degradation trends in regions that are vulnerable to conflict, instability, or mass migration from natural resource depletion and wildlife trafficking; (9) expanding substantially the amount of economically and ecologically significant forest in developing countries; and (10) reducing the rate of erosion and desertification in developing countries where soil loss is resulting in severe impacts to the economy, food security, or stability. (c) Coordination and leverage The International Conservation Strategy shall coordinate and leverage the participation of relevant executive branch agencies, other countries, the private sector, and private voluntary organizations in ways that— (1) reflect Government-wide policy that encompasses the programs of, and reduces duplication among, executive branch agencies that influence, engage in, or support international conservation; (2) provide a plan to identify and improve United States policies that could be undermining the conservation of critical natural resources and biodiversity abroad; and (3) seek to encourage and leverage participation from governments of developing countries and other governments, the private sector, private voluntary organizations, and international organizations to implement the Strategy. (d) Assessing and improving effectiveness The International Conservation Strategy shall include a description of the performance and efficiency measures developed pursuant to section 202(a)(2)(C) and a process for their utilization. (e) Country ownership In preparing the International Conservation Strategy, the Interagency Working Group on International Conservation shall ensure that the Strategy is appropriate to local needs and conditions and incorporates the views of partner countries, and describes a means for local citizens to participate in the implementation and the setting of priorities of such programs in the field. The International Conservation Strategy should build upon partner country development plans and regional strategies. (f) Revision Not later than 4 years after the International Conservation Strategy is established, and every 4 years thereafter, the Strategy shall be revised to reflect— (1) new information collected pursuant to the implementation of the Strategy; and (2) advances in the understanding of biological diversity and the economic and security impacts of renewable natural resource degradation. 202. Policy implementation (a) Interagency working group on international conservation (1) Establishment Not later than 1 year after the date of the enactment of this Act, the President shall establish the Interagency Working Group on International Conservation (hereafter referred to as the working group (2) Duties The working group shall— (A) develop, through utilization of the report completed pursuant to section 101(b) and appropriate public and agency input, the International Conservation Strategy established pursuant to section 201(a); (B) identify measures to enhance program and policy coordination among the relevant executive branch agencies in implementing the Strategy by ensuring that each relevant executive branch agency undertakes programs primarily in those areas where each such agency has the greatest expertise, technical capabilities, and potential for success, and ensuring that agencies avoid duplication of effort; (C) work with the Office of Management and Budget to evaluate the effectiveness of the international conservation programs of the relevant executive branch agencies in meeting the goals of the Strategy by developing and applying specific performance measurements, including assessments of— (i) program effectiveness; (ii) program efficiency and cost-effectiveness; (iii) program accessibility and transparency; and (iv) agency overhead or project administration costs for programs operating in the field; (D) submit to the heads of the United States Government departments and agencies represented on the working group programmatic recommendations that are consistent with the priorities of the Strategy and policy recommendations to ensure that the polices of such departments and agencies advance the interests of the United States in conserving critical natural resources and biodiversity; (E) submit to such heads recommendations for facilitating coordination and continuity across the departments and agencies in the implementation of international conservation policies subject to interagency or multi-agency jurisdiction; (F) identify innovative conservation projects, policies, and initiatives that contribute to achieving multiple foreign policy goals simultaneously, including— (i) reducing poverty; (ii) expanding access to food and water; (iii) addressing health threats through natural resources conservation; (iv) expanding the access of women to sustainably managed natural resources and to techniques for improved natural resource management; (v) addressing poaching, unlawful fishing, illegal logging, and wildlife trafficking; (vi) reducing natural resource scarcities or degradation that could increase inter- and intra-state tensions; and (vii) conserving biological diversity; (G) identify measures to address obstacles to achieving the goals of the Strategy, including policies that might limit the conservation benefits from properly managed international hunting and angling tourism; (H) develop recommendations for expanding the role of the private sector in United States international conservation programs by expanding and leveraging private sector contributions; (I) identify measures that further the goals of the Strategy, including regulatory actions that facilitate the importation process for wildlife species with a legitimate scientific purpose or to directly or indirectly benefit the recovery of the species or its habitat through the support of conservation programs in foreign countries; (J) recommend diplomatic mechanisms, relevant international institutions and agreements, and other appropriate mechanisms to engage other countries to work jointly with the United States to achieve the goals and actions of the International Conservation Strategy; (K) identify successful conservation programs and policies currently being utilized abroad and evaluate the potential for similar approaches to be adopted or expanded by the United States to further the goals of the Strategy; (L) identify underperforming and unsuccessful projects and programs and make recommendations to improve performance and terminate programs and projects in a manner consistent with furthering the goals of the Strategy; (M) identify natural resource conservation needs not currently being met by existing policies and programs and make recommendations for addressing such needs; (N) recommend mechanisms to facilitate mutually beneficial international conservation partnerships between such departments and agencies, nongovernmental organizations, and the private sector; and (O) meet regularly to review progress on the objectives described in subparagraphs (A) through (N). (3) Working group leadership The President shall designate an individual in the executive branch to serve as the chair of the working group (hereafter referred to as the chair (A) convening and leading meetings of the working group; (B) taking steps to ensure the development and implementation of the International Conservation Strategy; (C) ensuring the goals and purposes of the working group are met in accordance with paragraph (2); and (D) ensuring public input into the development and implementation of the International Conservation Strategy by convening the International Conservation Public Advisory Board established under subsection (b). (b) International Conservation Public Advisory Board (1) Establishment There is hereby established a International Conservation Public Advisory Board (hereafter referred to as the Advisory Board (2) Duties It shall be the duty of the Advisory Board to advise the working group on matters related to carrying out the duties described in subsection (a)(2), including on matters submitted to it for consideration by the working group, as well as matters identified by the Advisory Board. (c) Membership The Advisory Board shall be comprised of not more than 15 persons appointed from among citizens of the United States who support sustainable-use conservation, and shall have outstanding expertise in one or more of the following fields: (1) International conservation. (2) International diplomacy. (3) International business. (4) Economic development and poverty alleviation. (5) Food security and water access. (6) Natural resource scarcity and degradation and related conflict and security issues. (7) The economic and conservation benefits of international hunting and angling tourism. (8) International laws concerning illegal wildlife trafficking and illegal fishing. (9) Wildlife biology and zoology. (d) Appointment Members of the Advisory Board shall be appointed by the President with the advice of the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate and the Chairman and Ranking Member of the Committee on Foreign Affairs of the House of Representatives, on a staggered basis for a term not to exceed 4 years, except that with respect to the initial members of the Advisory Board, 1/3 1/3 1/3 (e) Chairman A member of the Advisory Board shall be elected by a vote of the majority of the Board to serve as Chairman for a 2-year term. (f) Meetings The Advisory Board shall convene at the call of the Chairman to consider a specific agenda of issues, as determined by the Chairman in consultation with the working group and other members of the Advisory Board. (g) Reporting The Advisory Board shall report to the working group chair designated in accordance with subsection (a)(3) on its deliberations, conclusions, and recommendations. (h) Applicability of Federal Advisory Committee Act The Advisory Board shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). 203. Reporting (a) Government accountability office report Not later than 4 years after the International Conservation Strategy is established under section 201, the Comptroller General of the United States shall conduct an audit to consider the progress made to achieve the objectives, goals, and benchmarks described in section 201(b), and submit to the appropriate congressional committees a report on the development and implementation of the International Conservation Strategy. The report shall— (1) assess progress made in accomplishing the goals and benchmarks described in section 201(b); (2) assess the extent to which the executive branch agencies have identified conservation programs and projects that have the potential for replication or adaptation, particularly at low cost, in other United States international conservation efforts; (3) assess the extent to which agencies have increased the efficiency and effectiveness of United States international conservation programs and reducing executive branch agency overhead or project administration costs for conservation programs implemented abroad; (4) assess the extent to which agencies have identified unsuccessful projects and programs and the actions taken to improve performance or terminate such projects and programs; (5) assess the extent to which agencies have quantified the economic benefits that resulted from investments in international conservation programs and activities called for in the Strategy, and an accounting of the measures utilized to calculate such benefits; (6) assess the security benefits to the United States and friends and allies from better management of natural resources and reduction of poaching and wildlife trafficking; (7) include policy analyses and outline options for congressional consideration; and (8) include any other analyses the Comptroller General considers necessary or appropriate. 204. Wildlife dependent recreation and uses of wildlife (a) Wildlife dependent recreation No provision in this Act shall be construed as restricting, limiting, or otherwise impairing properly managed recreational hunting and angling. (b) Regulated uses of wildlife No provision in this Act shall be construed as restricting, limiting, or otherwise impairing the ability of any foreign jurisdiction or authority to authorize regulated programs supporting wildlife for local consumption and commercialization. III Support and resources from other countries 301. Diplomatic goals and venues (a) Goals Congress urges the President to work with the world’s major foreign assistance donor countries to— (1) develop a comprehensive and coordinated international conservation assistance strategy consistent with the priorities identified in the United States International Conservation Strategy established pursuant to section 201(a); (2) identify innovative and efficient multilateral mechanisms that can be used to coordinate international action by all participating donor countries, identify and reduce duplication of efforts among such donors, achieve the most cost effective investments, and leverage international foreign assistance with meaningful financial and other commitments in recipient countries; and (3) agree on a timetable for achieving the goals of the United States International Conservation Strategy. (b) Venues Congress urges the President to explore opportunities for achieving the goals identified in this section within the context of United States bilateral diplomacy with other important international donor countries, bilateral diplomacy with newly emerging donor countries, and all appropriate multilateral venues.

Conservation Reform Act of 2013

Preserve the Waters of the United States Act - Prohibits the Secretary of the Army and the Administrator of the Environmental Protection Agency (EPA) from: (1) finalizing the proposed guidance described in the notice of availability and request for comments entitled "EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act"; or (2) using such guidance, or any substantially similar guidance, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) or any rulemaking. Provides that the use of such guidance as the basis for any rule shall be grounds for vacation of such rule.

113 S1006 IS: Preserve the Waters of the United States Act U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1006 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Barrasso Mr. Sessions Mr. Vitter Mr. Crapo Mr. Inhofe Mr. Blunt Mr. Coats Mr. Risch Ms. Murkowski Mr. Grassley Mr. Wicker Mr. Rubio Mr. Enzi Mr. Heller Mr. Roberts Mr. Hatch Mr. McCain Mr. Lee Mr. Johnson of Wisconsin Mrs. Fischer Mr. Chambliss Mr. Burr Mr. Isakson Mr. Scott Mr. Flake Mr. Cornyn Mr. Coburn Committee on Environment and Public Works A BILL To preserve existing rights and responsibilities with respect to waters of the United States. 1. Short title This Act may be cited as the Preserve the Waters of the United States Act 2. Identification of waters protected by the Clean Water Act (a) In general Neither the Secretary of the Army nor the Administrator of the Environmental Protection Agency shall— (1) finalize the proposed guidance described in the notice of availability and request for comments entitled EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act (2) use the guidance described in paragraph (1), or any substantially similar guidance, as the basis for any decision regarding the scope of the Federal Water Pollution Control Act 33 U.S.C. 1251 et seq. (b) Rules The use of the guidance described in subsection (a)(1), or any substantially similar guidance, as the basis for any rule shall be grounds for vacation of the rule.

Preserve the Waters of the United States Act

Keep Knives Out of Our Skies Act - Prohibits the Secretary of Homeland Security (DHS) from implementing any change to the prohibited items list of the Transportation Security Administration (TSA) that would permit passengers to carry small, non-locking knives through passenger screening checkpoints at airports, into sterile areas at airports, or on board passenger aircraft.

113 S1008 IS: Keep Knives Out of Our Skies Act U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1008 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Schumer Mrs. Gillibrand Mr. Lautenberg Mr. Menendez Ms. Murkowski Committee on Commerce, Science, and Transportation A BILL To prohibit the Secretary of Homeland Security from implementing proposed policy changes that would permit passengers to carry small, non-locking knives on aircraft. 1. Short title This Act may be cited as the Keep Knives Out of Our Skies Act 2. Prohibition on implementation of policy change to permit small, non-locking knives on aircraft (a) In general Notwithstanding any other provision of law, on and after the date of the enactment of this Act, the Secretary of Homeland Security may not implement any change to the prohibited items list of the Transportation Security Administration that would permit passengers to carry small, non-locking knives through passenger screening checkpoints at airports, into sterile areas at airports, or on board passenger aircraft. (b) Prohibited items list defined In this section, the term prohibited items list section 1540.111

Keep Knives Out of Our Skies Act

Chemical Safety Improvement Act - Amends the Toxic Substances Control Act (TSCA) to establish an evaluative framework for chemical risk assessment and management. Declares that it is the policy of the United States that: (1) this Act should protect the health of people and the environment from the unmanaged risks of chemicals; (2) the Administrator of the Environmental Protection Agency (EPA) should have the appropriate hazard, use, and exposure information necessary to make safety determinations and the resources and tools necessary to implement TSCA; (3) the Administrator should have the authority to share confidential business information with states; and (4) adequate information should be available with respect to the effect of and exposure to chemicals on health and the environment and the development of such test data and information should be the primary responsibility of those who manufacture or process such chemicals. Replaces current chemical testing requirements for determining whether chemicals present an unreasonable risk of injury to health or the environment with a framework for: (1) making a determination on whether a chemical meets the safety standard established by this Act; and (2) determining the relevance, quality, and reliability of related data and information. Requires such framework to integrate information from multiple sources. Defines “safety standard” as a standard that ensures that no unreasonable risk of harm to human health or the environment will result from exposure to a chemical substance. Directs the Administrator to require submitters of any health and safety study of chemicals to disclose funding sources of any funding used for the study. Requires the Administrator, within a year, to establish a risk-based screening process for identifying existing chemicals that are a high priority for a safety assessment and determination and a low priority for a safety assessment and determination. Directs the Administrator, in implementing the process, to: (1) only consider active chemicals as either high-priority or low-priority chemicals, and (2) only consider inactive chemicals if the Administrator determines that they have not been subject to regulatory or other enforceable action by the Administrator to ban or phase out the chemical and that they demonstrate high hazard and high exposure. Requires the Administrator to complete the prioritization screening process for all active chemicals in a timely manner. Authorizes the Administrator to screen categories or classes of chemicals to ensure an efficient prioritization screening process to allow for timely and adequate safety assessments and determinations. Requires the Administrator, from time to time, to publish a list of chemicals being considered in the prioritization screening process and request the submission of data on the chemicals. Requires the Administrator to publish for public comment a proposed screening process and establish criteria for determining whether a substance is a high or low priority. Requires such proposal to contain an initial list of chemicals that includes those substances prioritized by the Administrator before this Act’s enactment and for which assessments or safety determinations have not been completed. Authorizes the Administrator to defer a prioritization screening decision for a chemical for a reasonable period to allow for the submission and evaluation of additional information. Requires the Administrator to determine the order for performing safety assessments on high-priority chemicals. Prohibits the Administrator from performing a safety assessment on low-priority chemicals. Requires the Administrator to: (1) publish and keep current a list of both high- and low-priority chemicals, and (2) remove a high-priority chemical from the list when a safety determination for the chemical is published. Prohibits a decision by the Administrator to prioritize a chemical from affecting the manufacture, processing, distribution, use, or disposal of the chemical substance, or regulation of those activities. Requires the Administrator to make a prioritized screening decision for a chemical within 180 days of receiving a recommendation and relevant information from a state that an active chemical be identified as a priority. Prohibits decisions to prioritize a chemical by the Administrator from being considered to be a final agency action and from being subject to judicial review. Authorizes the Administrator to require the development of new test data for a chemical if the agency promulgates a rule, enters into a testing consent agreement, or issues an order based on a determination that additional data are needed to perform a safety assessment, make a safety determination, or meet the testing needs of the implementing authority under another federal statute. Requires the Administrator to develop a tiered testing framework. Requires tier one to include both a screening level exposure assessment and screening tests for hazards. Requires, if the Administrator determines that additional testing is necessary, tier two to include an exposure assessment. Requires the Administrator to minimize the use of animals in testing of chemicals. Directs the Administrator to make available to the public all testing consent agreements and orders and all data and information the Administrator requires to be developed by manufacturers and processors of chemicals, except data protected as confidential business information. Establishes notice requirements, including requiring manufacturers and processors to submit notice to the Administrator for the manufacture or processing of a chemical for a significant new use. Directs the Administrator to prohibit the manufacture of a chemical and the manufacture or processing of a chemical for a significant new use if the Administrator determines that the chemical will not likely meet the safety standard. Requires the Administrator to provide an opportunity for additional data to be submitted if the Administrator determines more data is needed in order to conduct a review of a notice to manufacture a new chemical or manufacture or process a chemical for a significant new use. Requires the Administrator to: (1) conduct a safety assessment of each high-priority chemical, (2) establish requirements for risk management of such chemicals based on the assessment’s results, and (3) base such assessment solely on considerations of risk to human health and the environment. Requires the Administrator, as soon as possible after the safety assessment is completed for a high-priority chemical, to determine whether the chemical meets the safety standard under the intended conditions of use of the chemical. Requires the Administrator, after determining that a chemical does not meet the safety standard under the intended conditions of use, to promulgate a rule establishing necessary restrictions, including if appropriate a ban or phase out of the manufacture, processing, or use of the chemical substance. Requires the Administrator, after making such a determination, to consider and publish a statement on the: (1) availability of technically and economically feasible alternatives for the chemical under the intended conditions of use; (2) risks posed by those alternatives as compared to those of the chemical; (3) economic and social costs and benefits of the proposed regulatory action and options considered, and of potential alternatives; and (4) economic and social benefits and costs of the chemical, alternatives, and any necessary restrictions on the chemical or alternatives. Authorizes the Administrator to exempt the use of a chemical from restrictions for specified reasons, such as exemptions for national security and significant disruption in the national economy, without having to provide clear and convincing evidence for such exemption as currently required under TSCA. Authorizes the Administrator to commence a civil action for: (1) seizure of an imminently hazardous chemical or any article containing the chemical; and (2) relief against any person who manufactures, processes, distributes in commerce, uses, or disposes of an imminently hazardous or any article containing the chemical. Requires the Administrator to promulgate rules requiring the reporting of information known or reasonably ascertainable by the person making the report so that the Administrator has the information necessary to carry out testing of chemicals and safety assessment and determinations. Requires the Administrator to make publicly available a candidate list of active chemicals. Directs the Administrator to issue a rule requiring manufacturers and processors to notify the Administrator that they have manufactured or processed a chemical on such candidate list or on the current inventory list compiled under TSCA for a nonexempt commercial purpose during the last five years. Requires the Administrator to designate chemicals as active or inactive based on the notifications received in response to such rule. Requires the Administrator to designate a chemical as active if it: (1) has been manufactured or processed for a nonexempt commercial purpose at any point during the last five years, (2) is added to the inventory list after this Act’s enactment, (3) is the subject of a notice received by the Administrator stating that a person intends to manufacture or process a chemical designated as inactive, or (4) is reported under the TSCA chemical data reporting requirements after this Act’s enactment. Requires the Administrator to designate a chemical as inactive if it has not been manufactured or processed for a nonexempt commercial purpose in the last five years. Directs: (1) any person who intends to manufacture or process for a nonexempt commercial purpose a chemical designated as an inactive to notify the Administrator before the chemical is manufactured or processed, and (2) the Administrator to then designate the chemical as active and review its priority for a safety assessment. Requires the Administrator to make available to the public specified information about chemicals on the list that designates chemicals as active or inactive. Authorizes any person to submit to the Administrator data reasonably supporting the conclusion that a chemical does not present a substantial risk of injury to health and the environment. Prohibits exempting from TSCA requirements those chemicals manufactured for export if they are new chemicals unlikely to meet the safety standard or existing chemicals that do not meet the safety standard. Requires a person to notify the Administrator if that person is exporting a new chemical not likely to meet the safety standard under the intended conditions of use, an existing chemical that does not meet the safety standard under the intended conditions of use, or a chemical for which the United States is obligated by treaty to provide export notification. Requires the Administrator to: (1) submit to the government of each country to which a chemical is exported a notice that information can be obtained from the Administrator about the substance, and (2) provide notice that satisfies the U.S. obligation under the applicable treaty if the chemical is covered by treaty. Requires the Secretary of Homeland Security (DHS) to refuse entry into the customs territory of the United States any chemical if: (1) the Administrator has determined that the chemical does not meet the safety standard under the intended conditions of use of the chemical substance, or (2) the chemical is in violation of a rule or order in effect under TSCA. Establishes exemptions to such rule and notice requirements concerning imports. Revises provisions concerning protection of confidential business information from chemical disclosure requirements, including by: (1) identifying information not protected from disclosure, (2) requiring written documentation justifying why information qualifies for protection from disclosure, and (3) authorizing disclosure of information if the disclosure is necessary to protect human health or the environment. Revises provisions concerning federal preemption, including by preempting new state prohibitions or restrictions for any high-priority and low-priority chemical.

113 S1009 IS: Chemical Safety Improvement Act U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1009 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Lautenberg Mr. Vitter Mrs. Gillibrand Mr. Crapo Mr. Durbin Mr. Alexander Mr. Schumer Mr. Inhofe Mr. Udall of New Mexico Ms. Collins Ms. Landrieu Mr. Rubio Mr. Manchin Mr. Boozman Mr. Menendez Mr. Hoeven Mr. Begich Committee on Environment and Public Works A BILL To reauthorize and modernize the Toxic Substances Control Act, and for other purposes. 1. Short title; table of contents; references (a) Short title This Act may be cited as the Chemical Safety Improvement Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; references. Sec. 2. Findings, policy, and intent. Sec. 3. Definitions. Sec. 4. Chemical assessment framework; prioritization screening; testing. Sec. 5. New chemicals and significant new uses. Sec. 6. Safety assessments and determinations. Sec. 7. Imminent hazards. Sec. 8. Information collection and reporting. Sec. 9. Relationship to other Federal laws. Sec. 10. Research, development, collection, dissemination, and utilization of data. Sec. 11. Exports. Sec. 12. Imports. Sec. 13. Confidential information. Sec. 14. Prohibited acts. Sec. 15. Preemption. Sec. 16. Judicial review. Sec. 17. Citizens' petitions. Sec. 18. Studies. Sec. 19. Administration. Sec. 20. Development and evaluation of test methods. Sec. 21. State programs. Sec. 22. Authorization of appropriations. Sec. 23. Annual report. (c) References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. 2. Findings, policy, and intent (a) Purposes The purposes of this Act are— (1) to improve the safety of consumers in the United States; and (2) to ensure that risks from chemical substances are adequately understood and managed by modernizing title I of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.). (b) Findings, policy, and intent Section 2 ( 15 U.S.C. 2601 (a) Findings Congress finds that— (1) chemicals should be safe for the intended use of the chemicals; (2) the unmanaged risks of chemical substances may pose a danger to human health and the environment; (3) public confidence in the Federal chemical regulatory program has diminished over time; (4) scientific understanding of chemicals and the possible risks of the chemicals has evolved greatly since 1976, requiring that Congress update the law to ensure that chemical regulation in the United States reflects modern science, technology and knowledge; (5) this Act should be modernized to create a robust Federal system for assessing and managing chemical risks; (6) chemicals are used in diverse manufacturing industries and other valuable commercial, institutional, and consumer applications that have benefitted society; (7) for the purposes of promoting uniform protections through regulation of chemical substances in commerce, to minimize undue burdens on commerce, and to minimize burdens on States, specified actions by the Administrator should preempt requirements by States and political subdivisions of States that relate to the effects of or exposure to a chemical substance under the intended conditions of use; and (8) innovation in the development of new chemical substances, especially safer chemical substances, should be encouraged to reduce risk, provide improved products, stimulate the economy, create jobs, and protect interstate commerce. (b) Policy It is the policy of the United States that— (1) this Act— (A) should protect the health of people and the environment from the unmanaged risks of chemical substances; and (B) should be modernized to build public confidence in the ability of the Federal regulatory system to protect health and the environment, promote innovation, and sustain a globally competitive chemical industry in the United States; (2) the Administrator— (A) should have the appropriate hazard, use, and exposure information necessary to make safety determinations; (B) should minimize the use of animal testing through the use of scientifically reliable and relevant test methods, where appropriate; (C) should encourage the use of best laboratory practices to ensure high quality, relevant, and reliable results from test methods and studies; (D) should have the authority to share confidential business information with States and political subdivisions of the States, subject to appropriate safeguards against inappropriate disclosure; (E) should have the resources and tools necessary to implement this Act; and (F) should implement this Act in a manner that promotes transparency of information and decisionmaking, protects substantiated confidential business information, and promotes innovation, including innovation in chemical substances that have reduced hazard, exposure, and risk patterns; (3) adequate data and information should be available with respect to the effect of and exposure to chemical substances and mixtures on health and the environment, to the extent necessary for safety assessments and determinations, and that, where necessary, the development of such test data and information should be the primary responsibility of those who manufacture or process such chemical substances and mixtures; and (4) States have an important role in protecting health and the environment from the unmanaged risks of chemical substances in commerce, particularly in recommending priorities for Federal assessment and regulation, providing safety assessment information, and fostering programs to protect consumers. (c) Intent of Congress It is the intent of Congress that the Administrator shall— (1) rely on robust scientific evidence to implement this Act in a way that balances the mutual goals of promoting the safety of American consumers and preventing harm to American innovation, manufacturing, and the economy; and (2) implement this Act to protect the health of the people of the United States and the environment in such a manner as not to unduly impede commerce or create unnecessary economic barriers to technological innovation, including safer chemistry. . 3. Definitions Section 3 ( 15 U.S.C. 2602 (1) by redesignating paragraphs (2) through (6), (7) through (11), and (12) through (14) as paragraphs (3) through (7), (9) through (13), and (17) through (19), respectively; (2) by inserting after paragraph (1) the following: (2) Best available science The term best available science (A) maximizes the quality, objectivity, and integrity of information, including statistical information; (B) uses peer-reviewed and publically available data; and (C) clearly documents and communicates risks and uncertainties in the scientific basis for decisions. ; (3) by inserting after paragraph (7) (as so redesignated) the following: (8) Intended conditions of use The term intended conditions of use ; and (4) by inserting after paragraph (13) (as so redesignated) the following: (14) Safety assessment The term safety assessment (A) integrates hazard; use; and exposure information about a chemical substance; and (B) includes— (i) an assessment of exposure under the intended conditions of use; and (ii) reference parameters that may be appropriate with regard to a specific chemical substance (such as a margin of exposure). (15) Safety determination The term safety determination (16) Safety standard The term safety standard . 4. Chemical assessment framework; prioritization screening; testing (a) In general Section 4 (15 U.S.C. 2603) is amended— (1) in the heading, by striking Testing of chemical substances and mixtures Chemical assessment framework; prioritization screening; testing (2) by redesignating subsection (e) as subsection (l); (3) in subsection (l) (as so redesignated)— (A) by striking rule rule, testing consent agreement, or order (B) by striking under subsection (a) under this subsection (C) in paragraph (1)(B), by striking rulemaking (4) by striking subsections (a) through (d), (f), and (g) and inserting the following: (a) Chemical assessment framework (1) In general The Administrator shall develop a framework in accordance with subsection (e) and sections 5 and 6 for evaluating the safety of chemical substances in commerce that shall employ the best available science and risk assessment principles in existence at the time the Administrator is developing the framework. (2) Policies and procedures (A) In general After the date of enactment of the Chemical Safety Improvement Act (B) Contents The policies and procedures shall require— (i) the collection of existing data and information from manufacturers and processors of chemical substances and other sources, including the use of voluntary agreements to provide the data and information; (ii) an evaluation of the quality of existing data and information; (iii) an analysis of data and information; (iv) a determination of the need for additional data and information, including information related to the exposures of different subpopulations; and (v) subject to section 14, transparency of data and information considered by the Administrator, including both positive and negative findings. (3) Transparency and validity The Administrator shall ensure that the evaluation framework described in subsection (a)(1)— (A) is transparent; (B) assures that data and information are valid; (C) addresses the strengths and limitations of— (i) the design of the framework, (ii) the reliability of the test methods; and (iii) the quality of the data and information; and (D) pursues the goal of maximizing the quality, objectivity, utility, and integrity of the data and information. (b) Data and information quality (1) In general The Administrator shall establish and publish scientifically sound criteria for evaluating all of the data and information, including the results of animal and nonanimal testing, regardless of affiliation or funding source, on which the Administrator relies in making a decision under this Act. (2) Disclosure of sources of funding The Administrator shall require that the submitter of any health and safety study disclose to the Administrator and to the public the sources of any funding used for the study or publication of the study received by the researcher who conducted the study, to the extent reasonably ascertainable. (3) Test data For test data developed under this Act, the Administrator shall encourage the use of good laboratory practices, peer review, scientifically reliable and relevant test methods, standardized protocols, and other methods to ensure scientific quality for all data and information submitted under this Act. (4) Data and information that do not meet criteria (A) In general Nothing in this subsection shall preclude the Administrator from considering data and information which do not meet the quality criteria established under paragraph (1). (B) Identification The Administrator shall— (i) identify any data and information described in subparagraph (A) on which the Administrator relies; (ii) describe the quality of the data and information described in subparagraph (A) and the extent to which the data and information depart from those criteria; (iii) indicate any limitations on the usefulness of the data and information described in subparagraph (A); and (iv) explain how the data and information described in subparagraph (A) was used and the basis for reliance on the data and information. (5) Evaluative framework for decisionmaking (A) In general The Administrator shall develop and use a structured evaluative framework consisting of science-based criteria, consistent with the protection of human health and the environment, for making any decision under this Act, and for determining the relevance, quality, and reliability of data and information. (B) Contents The framework described in subparagraph (A) shall, at a minimum— (i) use sound and objective scientific practices in assessing risks; (ii) consider the current best available science (including peer-reviewed studies); (iii) when consistent with the underlying data, consider, for both cancer and noncancer endpoints, whether available data support or do not support the identification of threshold doses of a chemical substance below which no adverse effects can be expected to occur; and (iv) include a description of the weight of the scientific evidence concerning risks, including mechanistic information (such as appropriate modes of action). (c) Data and information sources In making any decision with respect to a chemical substance under subsection (e) and sections 5 and 6, the Administrator shall consider data and information relevant to the substance that are reasonably available to the Administrator at that time, including data and information that are— (1) submitted to the Administrator by— (A) manufacturers and processors of the substance; (B) the public; or (C) a Governor of a State or a State agency with responsibility for protecting health or the environment; (2) submitted to a governmental body in another jurisdiction under a governmental requirement relating to the protection of human health and the environment, if the information is accessible to the Administrator; (3) derived through the application of scientifically reliable and relevant structure-activity relationship, or other methods or models to estimate the environmental and human health effects, environmental and biological fate and behavior, and exposure potential for the substance; (4) inferred based on the degree of structural similarity or properties of the substance, or categories of substances, to those of 1 or more other chemical substances for which reliable information exists that is relevant to predicting the potential environmental or human health effects, environmental or biological fate and behavior, or exposure potential for the chemical substance; and (5) identified through an active search by the Administrator of information sources that are publicly available or otherwise accessible to the Administrator. (d) Transparency (1) In general Subject to section 14, the data and information considered by the Administrator in taking action under this Act shall be available to the public. (2) Types of information available to the public The Administrator shall make available to the public the guidance, procedures, and tools used in evaluating data and information under this section, including models, studies, and, as appropriate, the data underlying any study. (3) Guidance Any written guidance of general applicability prepared by the Administrator under this Act shall be subject to public notice and an opportunity for comment. (e) Prioritization screening process (1) In general (A) Process Not later than 1 year after the date of enactment of the Chemical Safety Improvement Act (i) a high priority for a safety assessment and determination under section 6, to be known as high-priority substances (ii) a low priority for a safety assessment and determination, to be known as low-priority substances (B) Consideration of active and inactive substances (i) Consideration of active substances In implementing the process described in subparagraph (A), the Administrator shall only consider active substances, as determined under section 8(b)(6), as either high-priority substances or low-priority substances. (ii) Consideration of inactive substances In implementing the process described in subparagraph (A), the Administrator shall only consider inactive substances, as determined under section 8(b)(7), that the Administrator determines, on the basis of credible scientific evidence that— (I) have not been subject to a regulatory or other enforceable action by the Administrator to ban or phase out the substances; and (II) demonstrate high hazard and high exposure. (C) Timely completion of prioritization process (i) In general The Administrator shall make every effort to complete the prioritization of all active substances in a timely manner. (ii) Consideration The Administrator shall prioritize substances taking into consideration the ability of the Administrator to schedule and complete safety assessments and determinations under section 6 in a timely manner. (D) Use of data In making a decision under the prioritization screening process, the Administrator shall use reasonably available data and information concerning the hazard, exposure, and use characteristics of chemical substances on the list developed by the Administrator under section 8(b)(1) at the time the decision is made. (E) Screening of categories or classes of substances The Administrator may screen categories or classes of chemical substances to ensure an efficient prioritization screening process to allow for timely and adequate safety assessments and determinations. (F) Publication of list of chemical substances From time to time the Administrator shall— (i) publish a list of chemical substances being considered in the prioritization screening process; and (ii) request the submission of data and information on the chemical substances. (2) Proposed process (A) In general The Administrator shall— (i) publish for public comment a proposed prioritization screening process; and (ii) establish criteria for determining whether a substance is a high or low priority for a safety assessment and determination. (B) Initial list (i) In general The proposal shall include an initial list of chemical substances that includes, at a minimum, those substances prioritized by the Administrator before the date of enactment of the Chemical Safety Improvement Act (ii) Contents The initial list shall contain as many chemical substances as the Administrator determines appropriate. (iii) Modification The Administrator may modify the initial list on the basis of comments received on the proposed process and criteria. (C) Criteria The criteria described in subparagraph (A) shall consider— (i) the recommendation of a Governor of a State or a State agency with responsibility for protecting health or the environment from chemical substances appropriate for prioritization screening; (ii) the hazard and exposure potential of the chemical substance (or category or class of substances), including specific scientific classifications and designations by authoritative governmental entities; (iii) the intended conditions of use or significant changes in the conditions of use of the chemical substance; (iv) evidence and indicators of exposure potential to humans or the environment from the chemical substance; (v) the volume of a chemical substance manufactured or processed; (vi) whether the volume of a chemical substance as reported under a regulation issued under section 8(a) (as in effect on the date on which the criteria are proposed) has significantly increased or decreased since a previous report or since the date on which a notice has been submitted under section 5(a); (vii) the availability of information about potential hazards and exposures needed for conducting a safety assessment or determination, with limited availability of relevant data and information to be a factor in designating a substance as a high priority; and (viii) the extent of Federal or State regulation of the chemical substance or the extent of the impact of State regulation of the chemical substance on the United States, with existing Federal or State regulation of any uses evaluated in the prioritization screening process as a factor in designating a chemical substance to be a low priority. (3) Prioritization screening decisions (A) In general For the chemical substances considered for prioritization screening, the Administrator shall apply the criteria identified in paragraph (2), using the information identified in subsection (c), to identify a chemical substance as a high-priority substance or a low-priority substance. (B) Additional test data If the Administrator determines that additional test data and information are needed to establish the priority of a chemical substance, the Administrator shall provide an opportunity for interested persons to submit data and information to the extent that it is reasonably ascertainable. (C) Deferring a decision If the Administrator determines that it is appropriate, the Administrator may defer a prioritization screening decision for a chemical substance under subparagraph (A) for a reasonable period to allow for the submission and evaluation of additional data and information. (D) Integration of data and information During the prioritization screening of a chemical substance, the Administrator shall integrate any hazard and exposure data and information related to a chemical substance available to the Administrator. (E) Identification of high-priority substances The Administrator— (i) shall identify as a high-priority substance a chemical substance that, relative to other substances, has the potential for high hazard and high exposure; (ii) may identify as a high-priority substance a chemical substance that, relative to other substances, has the potential for high hazard or high exposure; and (iii) may identify as a high-priority substance an inactive substance, as determined under section 8(b)(7), that the Administrator determines, on the basis of credible scientific evidence that— (I) has not been subject to a regulatory action by the Administrator to ban or phase out the substance; and (II) demonstrates high hazard and high exposure. (F) Identification of low-priority substances The Administrator shall identify as a low-priority substance a chemical substance that the Administrator on the basis of the available information determines is likely to meet the safety standard under the intended conditions of use. (G) Notice and comment The identifications made under subparagraphs (E) and (F) shall be subject to notice and an opportunity for comment. (H) Order of safety assessments (i) High-priority substances The Administrator— (I) shall determine the order for performing safety assessments on high-priority substances under section 6; and (II) may revise the order as the Administrator determines appropriate. (ii) Low-priority substance The Administrator shall not perform safety assessments on low-priority substances, unless a low-priority substance is redesignated under subparagraph (I). (I) Revision based on new data (i) In general Subject to subparagraph (D), at any time the Administrator may revise the identification of a chemical substance as a high-priority substance or a low-priority substance based on consideration of data or information made available to the Administrator after the date on which the Administrator makes the identification under subparagraphs (E) and (F). (ii) Reevaluation (I) In general The Administrator shall evaluate the data or information described in clause (i) on a high-priority substance or a low-priority substance for possible reevaluation of the priority of the substance. (II) Limited availability If limited availability of relevant data and information was a factor in the original identification of a chemical substance as a high-priority substance, the Administrator shall reevaluate the prioritization screening of the substance on receiving the relevant data and information. (J) Publication of a list of high-priority and low-priority substances (i) In general The Administrator shall publish and keep current a list of high-priority substances and a list of low-priority substances. (ii) Justification Whenever the Administrator places a chemical substance on one of the lists described in clause (i) or changes the priority of the chemical substance, the Administrator shall include a justification for the decision in accordance with paragraph (2)(C). (K) Removal The Administrator shall remove a chemical substance from the list of high-priority substances on the date on which a safety determination for the chemical substance is published. (L) Effect Subject to section 18, a decision by the Administrator under this paragraph with respect to a chemical substance shall not affect the manufacture, processing, distribution, use, or disposal of the chemical substance, or regulation of those activities. (4) Expedited prioritization screening (A) In general Not later than 180 days after the date on which the Administrator receives a recommendation and relevant data and information from a Governor of a State or a State agency with responsibility for protecting health and the environment that an active chemical substance be identified as a high-priority or low-priority substance, the Administrator shall make a prioritization screening decision for the substance. (B) Notice and comment The public shall be provided notice and an opportunity to comment on the recommendation described in subparagraph (A). (C) Explanation of reasons The Administrator shall— (i) make available to the Governor or the appropriate State agency, as applicable, and to the public a brief explanation of reasons for identifying a chemical substance recommended by the Governor or the agency for prioritization screening as either a high-priority substance or a low-priority substance; and (ii) identify the information relied upon in making that identification. (5) Final agency action Any action by the Administrator under this subsection shall not be— (A) considered to be a final agency action; or (B) subject to judicial review. (f) Development of new test data and information (1) In general The Administrator may require the development of new test data and information related to a chemical substance or mixture in accordance with this section if the Administration determines that the data and information are needed— (A) to perform a safety assessment; (B) to make a safety determination; or (C) to meet the testing needs of the implementing authority under another Federal statute. (2) Form The Administrator may require the development of test data and information described in paragraph (1) by— (A) promulgating a rule; (B) entering into a testing consent agreement; or (C) issuing an order. (3) Requirements (A) In general In promulgating a rule, adopting a testing consent agreement, or issuing an order described in paragraph (2), the Administrator shall require the use of— (i) an evaluation framework that, prior to requiring additional testing of vertebrate animals, integrates relevant information from multiple sources, including, to the extent reliable— (I) toxicity information; (II) computational toxicology; (III) bioinformatics; (IV) high-throughput screening methods; and (V) scientifically reliable and relevant alternatives to vertebrate animal tests; and (ii) tiered testing in accordance with subsection (h), wherein the results of a screening level tier of tests relating to a toxicity pathway or target organ or target system inform the decision of the Administrator as to whether tests from a higher tier related to that pathway or organ or system are necessary. (B) Statement to the public The Administrator shall explain the basis for a decision made in subparagraph (A)(ii) in a statement made available to the public. (4) Contents (A) In general A rule, testing consent agreement, or order issued under paragraph (2) shall include— (i) identification of the chemical substance or mixture for which testing is required; (ii) identification of the persons required to conduct the testing; (iii) procedures for the development of test data and information for the chemical substance or mixture, including specific reference to reliable nonanimal test procedures; and (iv) specification of the period within which persons required to conduct the testing shall submit to the Administrator test data and information developed in accordance with the procedures described in clause (iii). (B) Duration The period described in subparagraph (A)(iv) shall not be of an unreasonable duration. (C) Considerations In determining the procedures and period to be required under subparagraph (A), the Administrator shall consider— (i) the relative costs of the various test protocols and methodologies that may be required; and (ii) the reasonably foreseeable availability of facilities and personnel needed to perform the testing. (g) Statement of need (1) In general In promulgating a rule, entering into a testing consent agreement, or issuing an order for development of additional data and information (including information on exposure or exposure potential) under subsection (f)(2), the Administrator shall issue a statement— (A) identifying the need intended to be met by the rule, agreement, or order; (B) explaining why existing data and information reasonably available to the Administrator at that time are inadequate to meet that need; and (C) encouraging, to the extent possible, the use of nonanimal test methods to develop additional data and information. (2) Contents of statement in case of order (A) In general If the Administrator issues an order, the statement described in paragraph (1) shall explain why good cause exists for issuance of an order instead of promulgating a rule or entering into a testing consent agreement. (B) Contents A statement described in subparagraph (A) shall contain a discussion of— (i) data and information that are readily accessible to the Administrator, including data and information submitted under any other provision of law; (ii) the extent to which the Administrator has obtained or attempted to obtain the data and information through voluntary submissions; (iii) the extent to which the Administrator may use available data and information for structurally related substances (grouping or read-across), or use valid structure-activity relationship models or nonanimal test alternatives; and (iv) safety assessments, and the data and information relied on in the assessments, on other chemical substances to the extent relevant to the chemical substances that would be the subject of the rule or order. (h) Tiered toxicity testing and evaluation (1) In general The Administrator shall develop an evidence-based review system for conducting consistent evaluations of the relevance and reliability of studies of chemical substances and their exposure (including exposure pathways), and a structured evaluative framework to provide a systematic and transparent approach for assessing the overall weight of the evidence for observed biological or other effects, mechanistic information, and exposure. (2) Tiers Subject to subsections (b) and (c), the framework shall have 2 tiers. (A) Tier 1 (i) In general Tier 1 shall include both a screening level exposure assessment, including modeling if appropriate, and screening tests for hazard. (ii) Uses of screening tests and modeling Screening tests for hazard (which may include, as appropriate, scientifically reliable and relevant in silico, in vitro, and focused in vivo tests) and exposure information and modeling shall be used— (I) to screen chemical substances or mixtures for major toxic effects (including acute toxicity, subchronic toxicity, chronic toxicity, carcinogenicity, genotoxicity, developmental toxicity, and neurotoxicity); and (II) to direct planning for more complex and targeted testing in tier 2, if necessary. (B) Tier 2 If the Administrator determines that additional testing is necessary, based on the results of tier 1 testing and modeling and any other available relevant information, tier 2 shall include— (i) an exposure assessment and tests for specific endpoints triggered on the basis of biologically based decisions; and (ii) an assessment of potential exposure using scientifically valid approaches. (3) Guidance The Administrator shall prepare guidance for implementing this subsection and review that guidance not less than once every 5 years thereafter. (i) Reduction of animal-Based testing (1) In general The Administrator shall minimize the use of animals in testing of chemical substances or mixtures, including by— (A) encouraging and facilitating, to the maximum extent practicable— (i) the use of integrated and tiered testing and assessment strategies; (ii) the use of data and information of sufficient scientific quality in existence on the date on which the test is conducted; (iii) the use of test methods that eliminate or reduce the use of animals while providing test data and information of high scientific quality; (iv) the grouping of 2 or more chemical substances into scientifically appropriate categories in cases in which testing of a chemical substance would provide reliable and useful test data and information on others in the category; (v) the formation of industry consortia to jointly conduct testing to avoid unnecessary duplication of tests; (vi) the submission of test data and information from animal-based studies and from emerging methods and models; and (vii) the use of exposure potential as a factor in decisions to require new testing; and (B) funding research and validation studies to reduce, refine, and replace the use of animal tests in accordance with this subsection. (2) Implementation of alternative testing methods To promote the development and timely incorporation of new testing methods that are not laboratory animal-based, the Administrator shall— (A) after providing an opportunity for public comment, develop a strategic plan to promote the development and implementation of alternative test methods and testing strategies to generate information used for any safety-standard determination made that reduce, refine, or replace the use of laboratory animals, including toxicity pathway-based risk assessment, in vitro studies, systems biology, computational toxicology, bioinformatics, and high-throughput screening; (B) beginning on the date that is 5 years after the date of enactment of the Chemical Safety Improvement Act (C) fund and carry out research, development, performance assessment, and trans­la­tion­al studies to accelerate the development of test methods and testing strategies that reduce, refine, or replace the use of laboratory animals in any safety-standard determination made under this section. (3) Criteria for adapting or waiving animal testing requirements On request from a manufacturer or processor that is required to conduct animal-based testing of a chemical substance or mixture under this title, the Administrator may adapt or waive the animal-testing requirement if the Administrator determines that— (A) there is sufficient evidence from several independent sources of information to support a conclusion that a chemical substance or mixture has, or does not have, a particular property if the information from each individual source alone is insufficient to support the conclusion; (B) because of one or more physical or chemical properties of the chemical substance or mixture or other toxicokinetic considerations— (i) the material cannot be absorbed; or (ii) testing for a specific endpoint is technically not practicable to conduct; or (C) a chemical substance or mixture cannot be tested in animals at concentrations that do not result in significant pain or distress, because of physical or chemical properties of the chemical substance or mixture, such as a potential to cause severe corrosion or severe irritation to the tissues of the animal. (j) Testing requirements (1) Persons required to develop test data and information (A) In general The Administrator may require the following persons to develop test data and information: (i) Manufacturers and processors of the chemical substance or mixture identified in subsection (f)(4)(A)(i). (ii) Persons who begin to manufacture or process such chemical substance or mixture— (I) after the effective date of the rule, testing consent agreement, or order; but (II) subject to subparagraph (C), before the period ending 180 days after the end of the period identified in subsection (f)(4)(A)(iv). (B) Designation The Administrator may permit 2 or more of the persons identified in subparagraph (A) to designate a person or a qualified third party— (i) to develop the data and information; and (ii) to submit the data and information on behalf of the persons making the designation. (C) Exemptions (i) In general A person otherwise subject to a rule, testing consent agreement, or order under subsection (f) may submit to the Administrator an application for an exemption on the basis that the data and information are being developed by a person designated under subparagraph (B). (ii) Fair and equitable reimbursement to designee (I) In general If the Administrator accepts an application submitted under clause (i), the Administrator shall direct the applicant to provide to the person designated under subparagraph (B) fair and equitable reimbursement, as agreed to between the applicant and the person designated. (II) Arbitration If the applicant and a person designated under subparagraph (B) cannot reach agreement on the amount of fair and equitable reimbursement, the amount shall be determined by arbitration. (iii) Termination If, after granting an exemption under this subparagraph, the Administrator determines that no person has complied with the rule, testing consent agreement, or order, the Administrator shall— (I) by order terminate the exemption; and (II) notify in writing each person who received an exemption of the requirements with respect to which the exemption was granted. (2) Types of health and environmental data and information (A) In general The Administrator may prescribe guidelines for the development of test data and information under subsection (f) for health and environmental information, including— (i) test data pertaining to acute toxicity, subchronic toxicity, chronic toxicity, carcinogenicity, genotoxicity, developmental toxicity, and neurotoxicity that may be indicative of an adverse effect; (ii) test data and information pertaining to exposure to the chemical substance or mixture, including information regarding bioaccumulation, persistence, and the presence of the chemical substance or mixture in human blood, fluids, or tissue; and (iii) information pertaining to aggregate exposure, or other effects that may be considered in a safety assessment. (B) Methodologies (i) In general The Administrator— (I) may prescribe methodologies in guidelines for the development of data and information; and (II) shall encourage the use of nonanimal methodologies. (ii) Development of guidelines The Administrator may develop guidelines for evaluating data from biomonitoring studies. (iii) Requirement Prior to prescribing epidemiologic studies of employees, the Administrator shall coordinate with the Director of the National Institute for Occupational Safety and Health. (C) Review Periodically, but not less frequently than once every 5 years, the Administrator shall— (i) review the adequacy of the guidelines for development of data and information prescribed under subparagraph (B); (ii) if necessary, institute proceedings to make appropriate revisions of the guidelines; and (iii) revise the guidelines as appropriate, particularly to— (I) reflect the availability of scientifically reliable and relevant nonanimal test methods; and (II) eliminate obsolete methodologies that do not produce reliable and relevant results. (k) Transparency Subject to section 14, the Administrator shall make available to the public all testing consent agreements and orders and all data and information submitted under this section. . (b) Conforming amendments Section 104(i)(5)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(5)(A)) is amended by striking section 4(e) section 4(l) 5. New chemicals and significant new uses Section 5 ( 15 U.S.C. 2604 (1) by striking the section designation and heading and inserting the following: 5. New chemicals and significant new uses ; (2) in subsection (a)(1), in the matter following subparagraph (B)— (A) by striking subsection (d) subsection (b) (B) by striking and such person complies with any applicable requirement of subsection (b) (3) by striking subsection (b); (4) by redesignating subsection (d) as subsection (b) and moving the subsection so as to appear after subsection (a); (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) and inserting the following: (1) In general The notice required by subsection (a) shall include, with respect to a chemical substance— (A) the information required by sections 720.45 720.50 (B) information regarding intended conditions of use and reasonably anticipated exposure. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking or of data under subsection (b) (ii) in subparagraph (A), by adding and (iii) in subparagraph (B), by striking ; and (iv) by striking subparagraph (C); and (C) in paragraph (3), by striking , (b), (6) by striking subsection (c) and inserting the following: (c) Review of notice (1) Initial review (A) In general Subject to subparagraph (B), not later than 90 days after the date of receipt of a notice submitted under subsection (a), the Administrator shall— (i) conduct an initial review of the notice; (ii) as needed, develop a profile of the relevant chemical substance and the potential for exposure to humans and the environment; and (iii) make any necessary determination under paragraph (4). (B) Extension Except as provided in paragraph (6), the Administrator may extend the period described in subparagraph (A) for good cause for one or more periods, the total of which shall be not more than 90 days. (2) Notice of commencement Unless the Administrator determines under paragraph (4)(A) that a chemical substance is not likely to meet the safety standard, at the end of the applicable period for review under paragraph (1), a chemical substance may be the subject of a notice of commencement under subsection (d). (3) Information sources In evaluating a notice under paragraph (1), the Administrator shall take into consideration— (A) the information identified in section 4(c); and (B) any additional information provided by the submitter. (4) Determinations Before the end of the applicable period for review under paragraph (1), based on the information described in paragraph (3), the Administrator shall determine that— (A) the relevant chemical substance is not likely to meet the safety standard under the intended conditions of use, in which case the Administrator shall take appropriate action under paragraph (5); (B) the relevant chemical substance is likely to meet the safety standard under the intended conditions of use, in which case the Administrator shall allow the review period to expire without additional restrictions; or (C) additional information is necessary in order to make a determination under subparagraph (A) or (B), in which case the Administrator shall take appropriate action under paragraph (6). (5) Prohibitions and limitations (A) In general If the Administrator makes a determination under paragraph (4)(A) with respect to a notice, before the end of the applicable period for review under paragraph (1), the Administrator shall, by consent agreement or order, as appropriate— (i) prohibit manufacture of the chemical substance, or prohibit such manufacture without compliance with restrictions specified in a relevant consent agreement or order; or (ii) prohibit manufacture or processing of the chemical substance for a significant new use, or prohibit such manufacture or processing without compliance with restrictions specified in a relevant consent agreement or order. (B) Inclusions A prohibition or limitation under subparagraph (A) may include, as appropriate— (i) a requirement that a chemical substance be marked with, or accompanied by, clear and adequate warnings and instructions with respect to use, distribution in commerce, or disposal, or any combination of those activities, with the form and content of the warnings and instructions to be prescribed by the Administrator; (ii) a requirement that manufacturers or processors, as applicable, of the chemical substance make and retain records of the processes used to manufacture or process the chemical substance; (iii) a requirement that manufacturers or processors, as applicable, monitor or conduct such additional tests as are reasonably necessary to ensure compliance with this Act, subject to section 4(g); (iv) a limitation on the quantity of the chemical substance that may be manufactured, processed, or distributed in commerce; (v) a limitation on the quantity of the chemical substance that may be manufactured, processed, or distributed in commerce for a particular use; (vi) a prohibition or other regulation of the manufacture, processing, or distribution in commerce of the chemical substance for a significant new use; (vii) a prohibition or other regulation of any method of commercial use of the chemical substance; (viii) a prohibition or other regulation of any method of disposal of the chemical substance; (ix) a prohibition on the manufacture, processing, or distribution in commerce of the chemical substance; (x) a prohibition on the manufacture, processing, or distribution in commerce of the chemical substance for a particular use; or (xi) such other requirements as the Administrator determines to be necessary. (6) Additional data and information If the Administrator determines under paragraph (4)(C) that additional data and information (including, for example, information on exposure or exposure potential) are needed in order to conduct a review under this subsection, the Administrator— (A) shall provide an opportunity for the submitter of the notice to submit such additional information; (B) may, by agreement with the submitter, extend the review period for a reasonable time to allow the development and submission of the additional information; (C) on receipt of the information, shall promptly make a determination under paragraph (4); and (D) may take action under paragraph (5) pending receipt of the additional data and information, which may, as appropriate, permit the submitter of the notice to file a notice of commencement under subsection (d). ; (7) by striking subsections (e) through (g) and inserting the following: (d) Notice of commencement (1) In general Not later than 30 days after the date on which a manufacturer or processor that has submitted a notice under subsection (a) commences nonexempt commercial manufacture of a chemical substance or nonexempt commercial manufacture or processing of a chemical substance for a significant new use, as applicable, the manufacturer or processor shall submit to the Administrator a notice of commencement that identifies— (A) the name of the manufacturer or processor; and (B) the initial date of nonexempt commercial manufacture or nonexempt commercial manufacture or processing for a significant new use. (2) Withdrawal A manufacturer or processor that has submitted a notice under subsection (a), but that has not commenced nonexempt commercial manufacture or processing of the chemical substance, may withdraw the notice. (e) Further evaluation The Administrator may review a chemical substance under section 4(e) at any time after the Administrator receives— (1) a notice of commencement for a chemical substance under subsection (d); or (2) significant new information regarding the chemical substance. (f) Transparency Subject to section 14, the Administrator shall make available to the public all notices, rules and orders of the Administrator, and all data and information submitted or issued under this section. ; (8) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and (9) in subsection (g) (as so redesignated)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking or (b) (B) by striking paragraph (2); (C) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; (D) in paragraph (2) (as so redesignated), by striking subsections (a) and (b) subsection (a) (E) in paragraph (3) (as so redesignated), in the first sentence, by striking will not present an unreasonable risk of injury to health or the environment is expected to meet the safety standard under the intended conditions of use (F) in paragraph (4) (as so redesignated), by striking subsections (a) and (b) subsection (a) (G) in paragraph (5) (as so redesignated), in the first sentence, by striking paragraph (1) or (5) paragraph (1) or (4), 6. Safety assessments and determinations Section 6 ( 15 U.S.C. 2605 (1) by striking the section designation and heading and inserting the following: 6. Safety assessments and determinations ; (2) by striking subsections (a) through (d) and inserting the following: (a) In general The Administrator shall— (1) conduct a safety assessment of each high-priority substance in accordance with subsection (b); (2) make a safety determination for each high-priority substance; and (3) as appropriate based on the results of a safety determination, establish requirements for risk management of a high-priority substance. (b) Safety assessments (1) In general The Administrator shall conduct a risk-based safety assessment of each high-priority substance, in accordance with such schedule as the Administrator establishes, to be based solely on considerations of risk to human health and the environment. (2) Procedural rules (A) In general The Administrator shall establish procedural rules for safety assessments and determinations under this subsection, including schedules for the submission of relevant data and information and the initiation and completion of safety assessments and safety determinations. (B) Requirements (i) In general The rules under subparagraph (A) shall— (I) identify the basis on which the Administrator shall decide which high-priority substances take precedence in the safety assessment and determination process; (II) require the Administrator to inform the public regarding— (aa) the approximate order in which safety assessments and determinations will be performed; (bb) the informational needs of the Administrator relating to the safety assessment and determination process; (cc) the importance of expeditiously completing safety assessments and determinations and the need for rigorous evaluation of the data and information; (dd) the schedule by which each assessment and determination will be conducted; and (ee) subject to clause (ii), the deadline for the completion of each assessment and determination; (III) allow interested persons, including States, to submit information, including safety assessments, regarding high-priority substances that may facilitate the safety assessment and determination process; and (IV) subject to section 14, require the Administrator— (aa) to make available to the public the information taken into consideration in preparing each safety assessment and determination; (bb) to publish and provide an opportunity for comment on proposed safety assessments and determinations; and (cc) to publish final safety assessments and determinations. (ii) Deadlines (I) In general The rules described in subparagraph (A) shall also include— (aa) a schedule by which each safety assessment and determination is expected to be conducted; and (bb) a deadline for the completion of each assessment and determination. (II) Flexibility and reasonable extensions The deadlines described in subclause (I)(bb)— (aa) may vary among chemical substances to grant the Administrator flexibility; and (bb) shall allow for reasonable extensions after an adequate public justification. (C) Inclusions in final assessments Each safety assessment under this subsection shall include— (i) a weight-of-the evidence summary; and (ii) a nontechnical summary explaining what the relevant information demonstrates in the context of the intended conditions of use and exposure patterns of the chemical substance. (3) Data and information sources In conducting a safety assessment under this subsection, the Administrator shall, at a minimum, take into consideration— (A) the information described in section 4(c); and (B) any additional information submitted under paragraph (5). (4) Methodology (A) In general The Administrator shall— (i) develop an appropriate science-based methodology for conducting safety assessments under this subsection, which shall include consideration of the weight of the evidence for observed effects, mechanistic information, and exposure evaluations; and (ii) make the proposed methodology available for public comment and scientific peer review. (B) Review and revisions Not later than 5 years after the date of enactment of the Chemical Safety Improvement Act (i) shall review the methodology developed under subparagraph (A); and (ii) may revise the methodology to reflect new scientific developments or understandings, in accordance with subparagraph (A). (C) Requirements The methodology shall apply scientifically recognized factors to address the following topics: (i) Strengths and limitations of study design. (ii) Reliability and relevance of test methods to human health and the environment. (iii) Quality of data. (iv) Use of good laboratory practices. (v) Peer review and peer review processes. (vi) Use of standardized protocols. (vii) Structured evaluative frameworks to determine the overall weight of the evidence, based on a review of positive and negative findings. (D) Hazard, use, and exposure information (i) In general A safety assessment under this subsection shall evaluate existing hazard, use, and exposure information for the chemical substance under the intended conditions of use of the chemical substance, including information submitted by interested persons. (ii) Exposure For purposes of evaluating exposure under clause (i), a safety assessment shall take into consideration— (I) exposures or significant subsets of exposures; (II) exposure duration, intensity, frequency, and number; and (III) the vulnerability of exposed subpopulations. (E) Best available science The Administrator shall use the best available science in conducting a safety assessment under this subsection. (5) Additional test information If the Administrator determines that additional test information is needed in order to make a safety assessment for a high-priority substance, the Administrator— (A) shall provide an opportunity for interested persons to submit the additional information; (B) may promulgate a rule, enter into a testing consent agreement, or issue an order under section 4 to require the development of the information; and (C) may defer, for a reasonable period, a safety assessment until after receipt of the information. (6) Treatment A safety assessment under this subsection— (A) shall not be considered to be a final agency action; and (B) shall not be subject to judicial review. (c) Safety determination (1) In general As soon as possible after the date on which the safety assessment is completed for a high-priority substance under subsection (b), the Administrator shall determine whether the chemical substance meets the safety standard under the intended conditions of use of the chemical substance. (2) Determinations Based on a review of the information described in paragraph (3), the Administrator shall determine, based solely on considerations of risk to human health and the environment, that— (A) the relevant chemical substance meets the safety standard under intended conditions of use; (B) the relevant chemical substance does not meet the safety standard under intended conditions of use, in which case the Administrator shall impose additional restrictions, as appropriate, under paragraph (9); or (C) additional information is necessary in order to make a determination under subparagraph (A) or (B), in which case the Administrator shall take appropriate action under paragraph (8). (3) Considerations In making a safety determination under this subsection, the Administrator shall take into consideration and publish a statement that includes, at a minimum— (A) the safety assessment for the chemical substance, including the uses considered in the assessment and any uses that are considered critical or essential; (B) the range of exposure to the chemical substance under the intended conditions of use of the chemical substance and appropriate reference parameters; (C) the weight of the evidence of risk posed by the chemical substance under the intended conditions of use of the chemical substance; and (D) the magnitude of the risk posed by the chemical substance under the intended conditions of use of the chemical substance. (4) Information sources In making a safety determination under this subsection, the Administrator shall take into consideration, at a minimum— (A) the information described in section 4(c); and (B) the safety assessment conducted with respect to the chemical substance under subsection (b). (5) Best available science The Administrator shall use the best available science in making a safety determination under this subsection. (6) Notice and comment Subject to section 14, the Administrator shall provide notice and an opportunity for public comment on each proposed safety determination under this subsection. (7) Transparency Subject to section 14, the Administrator shall publish— (A) each safety determination under this subsection, together with a summary of the information considered in the determination; (B) a summary of the evaluation by the Administrator of the information; and (C) an explanation of the reasons for the determination. (8) Additional test data and information If the Administrator determines that additional test data and information is needed in order to make a safety determination for a high-priority substance, the Administrator— (A) shall provide an opportunity for interested persons to submit the additional data and information; (B) may promulgate a rule, enter into a testing consent agreement, or issue an order under section 4 to require the development of the data and information; (C) may defer, for a reasonable period, a safety determination until after receipt of the data and information; and (D) on receipt of the data and information, shall make a determination under paragraph (2). (9) Additional restrictions (A) In general (i) Determination If the Administrator makes a determination under paragraph (2)(B) with respect to a chemical substance, the Administrator shall promulgate a rule establishing necessary restrictions (based on the weight of the evidence of risk and the magnitude of risk), including if appropriate, a ban or phase out of the manufacture, processing, or use of the chemical substance in accordance with subparagraph (C). (ii) Rules Rules promulgated under this section may apply to mixtures containing the chemical substance, as appropriate. (B) Inclusions A restriction under subparagraph (A) may include, as appropriate— (i) a requirement that a chemical substance be marked with, or accompanied by, clear and adequate warnings and instructions with respect to use, distribution in commerce, or disposal, or any combination of those activities, with the form and content of the warnings and instructions to be prescribed by the Administrator; (ii) a requirement that manufacturers and processors of the chemical substance— (I) make and retain records of the processes used to manufacture or process the chemical substance; and (II) subject to section 4(f), develop test information that is reasonably necessary to ensure compliance with this Act; (iii) a limitation on the quantity of the chemical substance that may be manufactured, processed, or distributed in commerce; (iv) a requirement to ban or phase out or other regulation on the manufacture, processing, or distribution in commerce of the chemical substance— (I) for a particular use; or (II) for a particular use at a concentration in excess of a level specified by the Administrator; (v) a limitation on the quantity of the chemical substance that may be manufactured, processed, or distributed in commerce— (I) for a particular use; or (II) for a particular use at a concentration in excess of a level specified by the Administrator; (vi) a requirement to ban or phase out or other regulation of any method of commercial use of the chemical substance; (vii) a requirement to ban or phase out or other regulation of any method of disposal of the chemical substance or any article containing the chemical substance; (viii) a requirement directing manufacturers or processors of the chemical substance to give notice of unreasonable risks of harm to distributors in commerce of the chemical substance and, to the extent reasonably ascertainable, to other persons in the chain of commerce in possession of the chemical substance; and (ix) such other requirements as the Administrator determines to be necessary. (C) Bans and phase outs The Administrator shall base a determination under subparagraph (A) that a ban or phase out of the manufacture, processing, or use of a chemical substance is necessary on the considerations described in subparagraph (D). (D) Determination that chemical substance does not meet safety standard If the Administrator determines that the chemical substance does not meet the safety standard under the intended conditions of use, the Administrator shall consider and publish a statement on— (i) the availability of technically and economically feasible alternatives for the chemical substance under the intended conditions of use; (ii) the risks posed by those alternatives as compared to those of the chemical substance; (iii) the economic and social costs and benefits of the proposed regulatory action and options considered, and of potential alternatives; and (iv) the economic and social benefits and costs of— (I) the chemical substance; (II) alternatives to the chemical substance; and (III) any necessary restrictions on the chemical substance or alternatives. (10) Exemptions The Administrator may exempt the use of a chemical substance from any additional restriction established under paragraph (9) if the Administrator determines that— (A) the exemption is in the interest of national security; (B) the lack of availability of the chemical substance would cause significant disruption in the national economy; (C) the use for which the exemption is sought is a critical or essential use for which— (i) no feasible alternative for the use would materially reduce risk to health or the environment; or (ii) no feasible alternative for the use is economically, technically, or efficiently available; or (D) the use, as compared to reasonably available alternatives, provides a net benefit to human health, the environment, or public safety. (11) Final agency action A safety determination under this subsection shall be— (A) considered to be a final agency action; and (B) subject to judicial review, including review of the associated safety assessment under this subsection. ; (3) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and (4) in subsection (d) (as so redesignated)— (A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4). 7. Imminent hazards Section 7 (15 U.S.C. 2606) is amended— (1) by striking subsection (a) and inserting the following: (a) Civil actions (1) In general The Administrator may commence a civil action in an appropriate district court of the United States for— (A) seizure of an imminently hazardous chemical substance or mixture or any article containing the substance or mixture; (B) relief (as authorized by subsection (b)) against any person who manufactures, processes, distributes in commerce, uses, or disposes of, an imminently hazardous chemical substance or mixture or any article containing the substance or mixture; or (C) both seizure described in subparagraph (A) and relief described in subparagraph (B). (2) Rule, order, or other proceeding A civil action may be commenced under this paragraph notwithstanding— (A) the existence of— (i) a decision by the Administrator under section 4(c)(3), 5(c)(4), or 6(c)(2); or (ii) a rule, testing consent agreement, or order under section 4(f), 5(g), 6(b)(5), 6(c)(8), 6(c)(9), or 6(d); or (B) the pendency of any administrative or judicial proceeding under any provision of this Act. ; (2) in subsection (d), by striking section 6(a) section 6(c) (3) in subsection (f), in the first sentence, by striking and unreasonable 8. Information collection and reporting Section 8 ( 15 U.S.C. 2607 (1) in subsection (a), by adding at the end the following: (4) Regulations (A) In general The Administrator shall promulgate rules requiring the reporting of information known by, or reasonably ascertainable by, the person making the report, including rules requiring processors to report information, so that the Administrator has the information necessary to carry out sections 4 and 6. (B) Contents The rules promulgated under subparagraph (A)— (i) may impose different reporting requirements on manufacturers and processors; (ii) shall be limited to active substances or mixtures containing active substances as designated under subsection (b); and (iii) shall apply only to the extent the Administrator determines the submission of reports is necessary for the effective enforcement of this Act. (5) Guidance The Administrator shall develop guidance relating to the information required to be reported under the rules promulgated under this subsection that— (A) include the level of detail necessary to be reported; and (B) describes the manner by which manufacturers and processors may report use and exposure information on a voluntary basis. ; (2) in subsection (b), by adding at the end the following: (3) Nomenclature (A) In general In carrying out paragraph (1), the Administrator shall— (i) maintain the use of Class 2 nomenclature in use on date of enactment of the Chemical Safety Improvement Act (ii) maintain the use of the Soap and Detergent Association Nomenclature System, published in March 1978 by the Administrator in section 1 of addendum III of the document entitled Candidate List of Chemical Substances (iii) treat all components of categories that are considered to be statutory mixtures under this Act as being included on the list published under paragraph (1) under the Chemical Abstracts Service numbers for the respective categories, including, without limitation— (I) cement, Portland, chemicals, CAS No. 65997–15–1; (II) cement, alumina, chemicals, CAS No. 65997–16–2; (III) glass, oxide, chemicals, CAS No. 65997–17–3; (IV) frits, chemicals, CAS No. 65997–18–4; (V) steel manufacture, chemicals, CAS No. 65997–19–5; and (VI) ceramic materials and wares, chemicals, CAS No. 66402–68–4. (B) Multiple nomenclature conventions (i) In general In the event that existing guidance allows for multiple nomenclature conventions, the Administrator shall— (I) maintain the nomenclature conventions for substances; and (II) develop new guidance that— (aa) establishes equivalency between the nomenclature conventions for chemical substances on the list published under paragraph (1); and (bb) permits persons to rely on that new guidance for purposes of determining whether a chemical substance is on the list published under paragraph (1). (ii) Multiple CAS numbers For any chemical substance appearing multiple times on the list under different Chemical Abstracts Service numbers, the Administrator shall develop guidance recognizing the multiple listings as a single chemical substance. (4) Candidate list of active substances in commerce (A) In general Subject to section 14, the Administrator shall make publicly available a candidate list of active chemical substances, which shall include— (i) any chemical substance reported under part 711 of title 40, Code of Federal Regulations, as in effect on the date of enactment of the Chemical Safety Improvement Act Chemical Safety Improvement Act Chemical Safety Improvement Act (ii) any chemical substance for which a notice of commencement of manufacture has been submitted; (iii) any chemical substance for which a significant new use notice has been submitted; (iv) any chemical substance for which an export notification has been submitted during the period beginning on the date that is 10 years before the date of enactment of the Chemical Safety Improvement Act Chemical Safety Improvement Act (v) any other chemical substance identified by the Administrator as likely to qualify as active. (B) Rule The Administrator shall, by rule, require manufacturers and processors to notify the Administrator that the manufacturer or processor, as applicable, has manufactured or processed a chemical substance on the list described in subparagraph (A), or the list published under paragraph (1) for a nonexempt commercial purpose during the 5-year period prior to the date of enactment of the Chemical Safety Improvement Act (C) Guidance Before issuing a final rule under subparagraph (A), the Administrator shall make publicly available guidance relating to the rule for chemical substances on the confidential portion of the candidate list of active substances and of the list published under paragraph (1), including — (i) accession numbers; (ii) premanufacture notice case numbers, if applicable; and (iii) generic names. (D) Confidential chemical substances The rule under subparagraph (B) shall require a manufacturer or processor that is reporting information relating to a chemical substance on the confidential portion of the list published under paragraph (1) to indicate whether the manufacturer or processor claims the specific identity of the substance as confidential pursuant to section 14. (E) Certification The rule under subparagraph (B) shall require a manufacturer or processor— (i) to certify the accuracy of each report of the manufacturer or processor carried out under the rule; and (ii) to retain a record supporting that certification for a period of 5 years beginning on the last day of the submission period. (F) Applicability Nothing in this paragraph requires the resubstantiation of a claim for protection against disclosure for information submitted to the Administrator prior to the date of enactment of the Chemical Safety Improvement Act (5) List (A) In general Based on the notifications received in response to the rule under paragraph (4), the Administrator shall designate each chemical substance that is on the list published under paragraph (1) on the date of enactment of the Chemical Safety Improvement Act (B) Update The Administrator shall update the list of chemicals designated as active or inactive as soon as practicable following the publication of the most recent data reported under part 711 of title 40, Code of Federal Regulations. (6) Active substances The Administrator shall designate as an active substance— (A) a chemical substance that has been manufactured or processed for a nonexempt commercial purposes at any point during the 5-year period prior to the date of enactment of the Chemical Safety Improvement Act (B) a chemical substance that is added to the list published under paragraph (1) after the date of enactment of the Chemical Safety Improvement Act (C) a chemical substance for which a notice is received under paragraph (7)(C); and (D) a chemical substance reported under part 711 of title 40, Code of Federal Regulations, after the date of enactment of the Chemical Safety Improvement Act (7) Inactive substances (A) In general The Administrator shall designate as an inactive substance each chemical substance on the list published under paragraph (1) that has not been manufactured or processed for a nonexempt commercial purpose in the 5-year period ending on the date of enactment of the Chemical Safety Improvement Act (B) Treatment Each inactive substance shall remain on the list published under paragraph (1). (C) Change to active status (i) In general Any person who intends to manufacture or process for a nonexempt commercial purpose a chemical substance that is designated as an inactive substance shall notify the Administrator before the date on which the substance is manufactured or processed. (ii) Active status On receiving notification under clause (i), the Administrator— (I) shall designate the chemical substance as an active substance; and (II) shall, pursuant to section 4(e), review the priority of the chemical substance as the Administrator determines necessary. (D) Category status The list of inactive chemical substances shall not be considered a category for purposes of section 26(c). (8) Public participation (A) In general Subject to subparagraph (B), the Administrator shall make available to the public— (i) the specific identity of each chemical substance on the nonconfidential portion of the list published under paragraph (5) that the Administrator has designated as an active substance; (ii) the specific identity of each chemical substance on the nonconfidential portion of the list published under paragraph (1) that the Administrator has designated as an inactive substance; (iii) the accession number, generic name, and, if applicable, premanufacture notice case number for each chemical substance on the confidential portion of the list published under paragraph (1) for which a claim of confidentiality was received; and (iv) the specific identity of any active or inactive substance on the confidential portion of the list published under paragraph (1) for which no claim of confidentiality was received, subject to the condition that, before revealing the specific identity of the substance, the Administrator shall— (I) publish a notice in the Federal Register identifying the accession number, generic name, and, if applicable, premanufacture notice case number for that substance; and (II) provide an opportunity for any person— (aa) to certify to the Administrator that the person intends to manufacture or process the substance at any point in the subsequent 4-year period; and (bb) to claim confidentiality for the specific identity of the substance. (B) Confidentiality Subject section 14, the Administrator shall not make available to the public the specific chemical identity of any substance for which the Administrator receives a notice under subparagraph (A)(iv). ; and (3) in subsection (e)— (A) by striking Any person (1) In general Any person ; and (B) by adding at the end the following: (2) Applicability Any person may submit to the Administrator data and information reasonably supporting the conclusion that a chemical substance or mixture does not present a substantial risk of injury to health and the environment. . 9. Relationship to other Federal laws Section 9 ( 15 U.S.C. 2608 (1) in subsection (a)— (A) in the first sentence of paragraph (1)— (i) by striking presents or will present an unreasonable risk to health or the environment does not meet the safety standard under the intended conditions of use (ii) by striking such risk the risk posed by the substance or mixture (B) in paragraph (2), in the matter following subparagraph (B), by striking section 6 or 7 paragraph (8) or (9) of subsection (c) of section 6 or section 7 (C) in paragraph (3), by striking section 6 or 7 paragraph (8) or (9) of subsection (c) of section 6 or section 7 (2) in subsection (d), in the first sentence, by striking Health, Education, and Welfare Health and Human Services 10. Research, development, collection, dissemination, and utilization of data Section 10 ( 15 U.S.C. 2609 Health, Education, and Welfare Health and Human Services 11. Exports Section 12 ( 15 U.S.C. 2611 (1) in subsection (a), by striking paragraph (2) and inserting the following: (2) Exception Paragraph (1) shall not apply to any chemical substance that the Administrator determines— (A) under section 5 is not likely to meet the safety standard under the intended conditions of use of the chemical substance; or (B) under section 6 does not meet the safety standard under the intended conditions of use of the chemical substance. (3) Waivers For a mixture or article containing a chemical substance described in paragraph (2), the Administrator may— (A) determine that paragraph (1) shall not apply to that mixture or article; and (B) establish a threshold concentration in a mixture or article at which paragraph (1) shall not apply. ; (2) by striking subsection (b) and inserting the following: (b) Notice (1) In general A person shall notify the Administrator that the person is exporting or intends to export to a foreign country— (A) a chemical substance or a mixture containing a chemical substance that the Administrator has determined under section 5 is not likely to meet the safety standard under the intended conditions of use of the chemical substance; (B) a chemical substance or a mixture containing a chemical substance that the Administrator has determined under section 6 does not meet the safety standard under the intended conditions of use of the chemical substance; or (C) a chemical substance for which the United States is obligated by treaty to provide export notification. (2) Regulations (A) In general The Administrator shall promulgate regulations to carry out paragraph (1). (B) Contents The regulations promulgated under subparagraph (A) shall— (i) include any exemptions the Administrator determines to be appropriate, which may include exemptions identified under section 5(g); and (ii) indicate whether or to what extent the regulations apply to articles containing a chemical substance or mixture described in paragraph (1). (3) Notification The Administrator shall submit to the government of each country to which a chemical substance or mixture is exported— (A) for a chemical substance or mixture described in subparagraph (A) or (B) of paragraph (1), a notice that information on the chemical substance or mixture can be obtained from the Administrator, unless the Administrator determines that good cause exists not to provide the notice; and (B) for a chemical substance described in paragraph (1)(C), a notice that satisfies the obligation of the United States under the applicable treaty. ; and (3) in subsection (c)— (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively. 12. Imports Section 13 ( 15 U.S.C. 2612 13. Imports (a) Definition of chemical substance or mixture In this section, the term chemical substance or mixture (1) a mixture containing a chemical substance or mixture; and (2) an article containing a chemical substance or mixture. (b) Refusal of entry (1) In general The Secretary of Homeland Security shall refuse entry into the customs territory of the United States (as defined in general note 2 to the Harmonized Tariff Schedule of the United States) any chemical substance or mixture offered for such entry if— (A) the Administrator has determined under section 6(c) that the chemical substance or mixture does not meet the safety standard under the intended conditions of use of the chemical substance; or (B) the chemical substance or mixture is offered for entry in violation of a rule or order in effect under this Act. (2) Procedure (A) In general Subject to subparagraph (B), if a chemical substance or mixture is refused entry under paragraph (1), the Secretary of Homeland Security— (i) shall notify the consignee of the entry of the refusal; (ii) shall not release the chemical substance or mixture to the consignee; and (iii) shall cause the disposal or storage of the chemical substance or mixture under such rules as the Secretary may prescribe, if the chemical substance or mixture has not been exported by the consignee in the 90-day period beginning on the date of receipt of the notice of the refused entry. (B) Exception (i) In general The Secretary of Homeland Security may, pending a review by the Administrator, release to the consignee the chemical substance or mixture if the consignee— (I) executes a bond for the amount of the full invoice of the chemical substance or mixture (as set forth in the customs entry); and (II) pays a duty on the chemical substance or mixture. (ii) Administration If a consignee fails to return a chemical substance or mixture released to that consignee under clause (i) for any cause to the custody of the Secretary of Homeland Security when demanded, the consignee shall be liable to the United States for liquidated damages equal to the full amount of the bond. (C) Storage All charges for storage, cartage, and labor on and for the disposal of a chemical substance or mixture that is refused entry or released under this subsection shall be paid by the owner or consignee, and a default on that payment shall constitute a lien against any future entry made by the owner or consignee. (c) Notice (1) In general A person offering a chemical substance or mixture subject to this Act for entry into the customs territory of the United States shall— (A) certify to the Secretary of Homeland Security that, after reasonable inquiry and to the best knowledge and belief of the person, the chemical substance or mixture is— (i) in compliance with any applicable rule, consent agreement, or order under section 5 or 6; and (ii) (I) included on the list under section 8(b); or (II) exempt from any requirement to be included on that list; and (B) provide to the Secretary of Homeland Security any notice required under paragraph (2). (2) Notice A person offering a chemical substance or mixture for entry into the customs territory of the United States shall notify the Secretary of Homeland Security if— (A) the chemical substance is a high-priority substance; (B) the chemical substance is a chemical for which the United States is obligated to provide export notification by treaty; or (C) the chemical substance or mixture or any article containing the substance or mixture— (i) is the subject of a safety assessment and safety determination conducted pursuant to section 6 and has been found not to meet the safety standard; and (ii) is identified in a rule promulgated by the Secretary of Homeland Security pursuant to subsection (c) as meriting notification due to the potential impact of the chemical substance or mixture or any article containing the substance or mixture on human health or the environment. (d) Rules The Secretary of Homeland Security, after consultation with the Administrator, shall issue rules for the administration of subsection (c), including whether, or to what extent, the provisions of subsections (b) and (c) apply. . 13. Confidential information Section 14 (15 U.S.C. 2613) is amended to read as follows: 14. Confidential information (a) In general Except as provided in subsections (c) and (e), the Administrator shall not disclose information described in subsection (b)— (1) that is reported to, or otherwise obtained by, the Administrator under this Act; and (2) for which the requirements of subsection (d) are met. (b) Information generally protected from disclosure (1) In general Information referred to in subsection (a) includes confidential information that is exempt from disclosure pursuant to subsection (a) of section 552 (2) Presumption of protection The following information submitted by a manufacturer, processor, or distributor is presumed to be protected from disclosure: (A) Specific information describing the manufacture, processing, or distribution in commerce of a chemical substance, mixture, or article. (B) Marketing and sales information. (C) Information identifying suppliers or customers. (D) The identity of constituents in a mixture and the respective percentages of those constituents. (E) Specific information about the use, function, or application of a chemical substance or mixture in a process, mixture, or product. (F) Specific production or import volumes of a manufacturer and specific volumes aggregated across manufacturers if the Administrator determines that disclosure of the aggregated data could reveal confidential information. (G) The specific identity of a chemical substance, including the chemical name, molecular formula, Chemical Abstracts Service number, and other information that would identify a specific chemical substance, if— (i) the specific identity was claimed as confidential information at the time it was submitted; and (ii) the claim has not subsequently been withdrawn or found by the Administrator not to warrant protection as confidential information under subsection (g). (c) Information not protected from disclosure (1) In general Notwithstanding subsections (a) and (b), and except as provided in paragraph (2), the following information shall not be protected from disclosure: (A) For information submitted after the date of enactment of the Chemical Safety Improvement Act (B) A safety assessment developed or a safety determination made under section 6. (C) Health and safety data that are submitted under this Act with respect to a chemical substance or mixture that has been offered for commercial distribution as of the date on which the study is to be disclosed or for which testing is required under section 4. (D) Health and safety data in notices of substantial risk submitted under section 8(e) and in the underlying studies. (E) General information describing the manufacturing volumes, expressed in ranges would not reveal confidential information. (F) General descriptions of industrial, commercial, or consumer functions and uses of a chemical substance or mixture. (2) Exception Information elements contained in submissions described in paragraph (1) that are otherwise eligible for protection under this section shall be protected from disclosure if the submitter complies with subsection (d). (d) Requirements for confidentiality claims (1) Claims (A) In general For information to be protected from disclosure under this section, a person who submits information to the Administrator under this Act shall— (i) indicate the information that the person believes is entitled to protection from disclosure under this section in a submission to the Administrator in such manner and at such time as the Administrator shall prescribe; and (ii) except in the case of information described in subparagraphs (A) through (F) of subsection (b)(2), submit written documentation justifying why the information qualifies for protection from disclosure. (B) Certification An authorized official of the person described in subparagraph (A) shall certify that the information that has been submitted is true and correct. (2) Additional requirements for confidentiality claims for chemical identities A person submitting information under this Act related to a chemical identity and who claims protection from disclosure for that identity shall provide the Administrator with— (A) information establishing that— (i) the person takes reasonable measures to protect the confidentiality of the chemical identity; (ii) the chemical identity is not required to be disclosed, or otherwise made available, to the public under any other Federal law in connection with one or more uses subject to this Act; (iii) disclosure of the chemical identity is likely to cause substantial harm to the competitive position of the person; and (iv) the chemical identity is not reasonably believed to be readily discoverable through reverse engineering; (B) the time period for which protection of the chemical identity from disclosure is necessary; (C) a generic name for the chemical substance that the Administrator may disclose to the public, subject to the condition that the generic name discloses a maximum amount of information on the chemical structure of the substance while protecting those features of the chemical structure that are considered confidential and the disclosure of which would potentially harm the competitive position of the person; and (D) in the event the Administrator makes a request under subsection (f)— (i) redocumentation and recertification of the information submitted under subsection (a); or (ii) withdrawal of the claim for protection of the chemical identity from disclosure. (3) Guidance The Administrator shall develop guidance, after notice and opportunity to comment, on the determination of generic names for confidential chemical identities. (e) Exceptions to protection from disclosure Subsection (a) shall not apply if— (1) the information is to be disclosed to an officer or employee of the United States in connection with the official duties of that person under any law for the protection of human health or the environment or for specific law enforcement purposes; (2) the information is to be disclosed to a contractor with the United States and employees of that contractor if, in the opinion of the Administrator, the disclosure is necessary for the satisfactory performance by the contractor of a contract with the United States for the performance of work in connection with this Act and under such conditions as the Administrator shall specify; (3) the Administrator determines that disclosure is necessary to protect human health or the environment; (4) the information is to be disclosed to a State or political subdivision of a State, on written request, for the purpose of development, administration, or enforcement of a law, if— (A) one or more applicable agreements with the Administrator ensure that the recipient government will take appropriate steps, and has adequate authority, to maintain the confidentiality of the information in accordance with procedures as stringent as those which the Administrator uses to safeguard the information; and (B) the Administrator notifies the person who submitted the information that the information has been disclosed to a State or political subdivision of a State; (5) a health professional employed by a Federal or State agency or a treating physician or nurse in a nonemergency situation provides a written statement of need and a written confidentiality agreement, subject to the conditions that— (A) the written statement of need is a statement that the person has a reasonable basis to suspect that— (i) the information is needed for purposes of diagnosis or treatment of one or more individuals; (ii) one or more individuals being diagnosed or treated have been exposed to the chemical substance concerned; and (iii) knowledge of the specific chemical identity of the chemical substance will assist in diagnosis or treatment; and (B) the confidentiality agreement provides that the person will not use the specific chemical identity for any purpose other than the health needs asserted in the statement of need, except as may otherwise be authorized by the terms of the agreement or by the person submitting the specific chemical identity to the Administrator; (6) a treating physician or nurse requests the information, subject to the conditions that— (A) the treating physician or nurse determines that— (i) a medical emergency exists; (ii) the specific chemical identity of the chemical substance concerned is necessary for or will assist in emergency or first-aid diagnosis or treatment; and (iii) the one or more individuals being diagnosed or treated have likely been exposed to the chemical substance concerned; (B) if requested by the person submitting the specific chemical identity to the Administrator, the treating physician or nurse provides a written statement of need and a confidentiality agreement as described in paragraph (5); and (C) the written confidentiality agreement or statement of need is submitted as soon as practicable, but not necessarily before the information is disclosed; (7) the Administrator determines that disclosure is necessary in a proceeding under this Act, subject to the condition that the disclosure is made in such a manner as to preserve confidentiality to the maximum extent practicable without impairing the proceeding; or (8) the information is to be disclosed, on written request of any duly authorized committee of the Congress, to that committee. (f) Duration of protection from disclosure (1) In general The Administrator shall protect from disclosure information described in subsection (b) that meets the requirements of subsection (d)(2) for the period of time requested by the person submitting the claim or for such period of time as the Administrator, after reviewing the request for confidential treatment and the documentation, otherwise determines to be reasonable, unless— (A) prior to the expiration of the period, the person notifies the Administrator that the person is withdrawing the confidentiality claim, in which case, the Administrator shall promptly make the information available to the public; or (B) prior to the expiration of the period, the Administrator otherwise becomes aware that the need for protection from disclosure can no longer be substantiated, in which case the Administrator shall take the actions described in subsection (g)(2). (2) Redocumentation The Administrator may request— (A) at any time, a person who has requested protection from disclosure for the identity of a substance under subsection (d) to redocument the confidentiality claim of the person; and (B) any person who has requested that confidential information be protected from disclosure under section 8(b) to reassert the confidentiality claim of the person after the chemical substance is identified as a high-priority substance under section 4(e). (g) Duties of the administrator (1) Determination (A) In general Except as provided in subsection (b)(2), the Administrator shall— (i) review a request received under this section to maintain the confidentiality of information submitted under this Act; and (ii) determine whether to approve, modify, or deny that request. (B) Denial or modification (i) In general The Administrator shall deny a claim to protect a chemical identity from disclosure only if the person who has submitted the request fails to meet the requirements of subsection (d). (ii) Reasons for denial or modification The Administrator shall provide to the person who has submitted the request a written statement of the reasons for the denial or modification of the claim. (C) Subsets If it is not feasible for the Administrator to review each request under this section, the Administrator shall review a representative subset. (2) Notification (A) In general Except as provided in subsections (c) and (e), if the Administrator denies a request under paragraph (1), the Administrator shall notify, in writing and by certified mail, the person who submitted the request of the intent of the Administrator to release the information. (B) Release of information (i) In general Except as provided in clause (ii), the Administrator may not release information under this subsection until the date that is 30 days after the date on which the person who submitted the request receives notification under subparagraph (A). (ii) Exceptions (I) In general For information under paragraph (3) or (8) of subsection (e), the Administrator may not release that information until the date that is 15 days after the date on which the person who submitted the request receives a notification, unless the Administrator determines that release of the information is necessary to protect against an imminent and substantial harm to human health or the environment, in which case, no prior notification is necessary. (II) No notification For information under paragraph (6) or (7) of subsection (e), no prior notification is necessary. (3) Appeals (A) In general A person who receives notification under this subsection may, if the person believes disclosure of the information is prohibited under subsection (a), before the date on which the information is to be released, bring an action to restrain disclosure of the information in— (i) the district court of the United States in the district in which— (I) the complainant resides or has the principal place of business; or (II) the information is located; or (ii) the United States District Court for the District of Columbia. (B) No disclosure The Administrator shall not disclose any information under this section prior to the date on which the applicable court rules on an action under subparagraph (A). (4) Administration In carrying out this subsection, the Administrator shall employ the procedures in part 2 of title 40, Code of Federal Regulations (or successor regulations). (h) Criminal penalty for wrongful disclosure (1) In general Subject to paragraph (2), any officer or employee of the United States or former officer or employee of the United States, who— (A) by virtue of that employment or official position has obtained possession of, or has access to, material the disclosure of which is prohibited by subsection (a); and (B) knowing that disclosure of that material is prohibited by subsection (a), willfully discloses the material in any manner to any person not entitled to receive that material, shall be— (i) guilty of a misdemeanor and fined under title 18, United States Code, imprisoned for not more than 1 year, or both; and (ii) removed from office or employment. (2) Other laws Section 1905 (3) Contractors For the purposes of this subsection, any contractor of the United States who is furnished information in accordance with subsection (e)(2), including any employee of that contractor, shall be considered to be an employee of the United States. (i) Applicability Except as otherwise provided in this section, the Administrator shall have no authority— (1) to require the documentation or redocumentation of a claim for the protection from disclosure of information submitted to the Administrator under this Act prior to the date of enactment of the Chemical Safety Improvement Act (2) to impose redocumentation requirements under this Act that are more extensive than those required under this section. . 14. Prohibited acts Section 15 (15 U.S.C. 2614) is amended by striking paragraph (1) and inserting the following: (1) fail or refuse to comply with— (A) any rule promulgated, consent agreement entered into, or order issued under section 4; (B) any requirement prescribed by section 5 or 6; (C) any rule promulgated, consent agreement entered into, or order issued under section 5 or 6; (D) any requirement of title II or any rule promulgated or order issued under title II; or (E) any requirement of title VII or any rule promulgated or order issued under title VII; . 15. Preemption Section 18 ( 15 U.S.C. 2617 (a) In general Except as provided in subsections (c) and (d), no State or political subdivision of a State may establish or continue to enforce— (1) a requirement for the development of test data or information on a chemical substance or category of substances that is reasonably likely to produce the same data and information required under section 4, 5, or 6 by— (A) a rule promulgated by the Administrator; (B) a consent agreement entered into by the Administrator; or (C) an order issued by the Administrator; (2) a prohibition or restriction on the manufacture, processing, or distribution in commerce or use of a chemical substance after issuance of a completed safety determination for a chemical substance under section 6, consistent with the scope of the review and decisions addressed by the Administrator; or (3) a requirement for the notification of a use of a chemical substance that the Administrator has specified as a significant new use and for which the Administrator has required notification pursuant to a rule promulgated under section 5. (b) New prohibitions or restrictions Except as provided in subsections (c) and (d), no State or political subdivision of a State may establish (after the date of enactment of the Chemical Safety Improvement Act (1) a prohibition or restriction on the manufacture, processing, distribution in commerce or use of a chemical substance that is a high-priority substance identified under section 4(e)(3) (as of the date on which the Administrator publishes a schedule under section 6(b)); or (2) a prohibition or restriction on the manufacture, processing, distribution in commerce or use of a chemical substance that is a low-priority substance identified under section 4(e)(3). (c) Exceptions Subsections (a) and (b) shall not apply to a requirement, prohibition, or restriction of a State or a political subdivision of a State that— (1) is adopted under the authority of any other Federal law; (2) implements a reporting or information collection requirement not otherwise required by the Administrator under this Act or required under any other Federal law; or (3) is adopted pursuant to authority under a law of the State or political subdivision of the State related to water quality, air quality, or waste treatment or disposal that— (A) does not impose a restriction on the manufacture, processing, distribution in commerce, or use of a chemical substance; and (B) is not otherwise required by or inconsistent with an action by the Administrator under section 5 or 6. (d) State waivers Upon application of a State or political subdivision of a State, the Administrator may provide a waiver from subsection (a) and subsection (b)(1), regarding a requirement of that State or political subdivision of the State that relates to the effects or exposure to any chemical substance under the intended conditions of use if— (1) (A) the State or political subdivision of the State determines it cannot wait until the end of the period specified in the established schedule and deadline for the completion of a full safety assessment and determination established under section 6(b)(2)(B)(ii); and (B) the Administrator determines that— (i) compelling State or local conditions warrant granting the waiver to protect human health or the environment; (ii) compliance with the proposed requirement of the State or political subdivision of the State does not unduly burden interstate and foreign commerce in the manufacture, processing, distribution in commerce, or use of a chemical substance; (iii) compliance with the proposed requirement of the State or political subdivision of the State would not cause a violation of any applicable Federal law, rule, or order; and (iv) the proposed requirement of the State or political subdivision of the State is based on the best available science and is supported by the weight of the evidence; or (2) (A) the Administrator finds a safety assessment or determination has been unreasonably delayed; and (B) the State certifies that— (i) the State has a compelling local interest to protect human health or the environment; (ii) compliance with the proposed requirement of the State does not unduly burden interstate and foreign commerce in the manufacture, processing, distribution in commerce, or use of a chemical substance; (iii) compliance with the proposed requirement would not cause a violation of any applicable Federal law, rule, or order; and (iv) the proposed requirement is grounded in reasonable scientific concern. (3) Approval of a State Waiver Request The Administrator shall grant or deny a waiver application— (A) not later than 180 days after the date on which an application under paragraph (1) is submitted; and (B) not later than 90 days after the date on which an application under paragraph (2) is submitted. (4) Notice and comment The application of a State or political subdivision of the State shall be subject to public notice and comment. (5) Final agency action The decision of the Administrator on the application of a State or political subdivision of the State shall be— (A) considered to be a final agency action; and (B) subject to judicial review. (6) Duration of State waivers A State waiver— (A) granted under paragraph (1) shall remain in effect unless the waiver is found to be in conflict with a completed safety assessment and determination; and (B) granted under paragraph (2) shall remain in effect until such time as the safety assessment and determination is completed. (7) Judicial review Not later than 60 days after the date on which the Administrator makes a determination on an application of a State or political subdivision of the State under paragraph (1), any person may file a petition for judicial review in the United States Court of Appeals for the District of Columbia Circuit, which shall have exclusive jurisdiction over the determination. (e) Effect on private remedies (1) In general If the Administrator completes a safety determination for a high-priority substance under section 6, the determination shall be admissible as evidence in any public or private action in any court of the United States or State court for recovery of damages or for equitable relief relating to injury to human health or the environment from exposure to a chemical substance. (2) Safety standard The safety determination shall be determinative of whether the substance meets the safety standard under the conditions of use addressed in the safety determination. . 16. Judicial review Section 19 (15 U.S.C. 2618) is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) Filing of petition (A) In general Not later than 60 days after the date of the promulgation of a rule under section 4(f), 6(c), 6(e), or 8, any person may file a petition for judicial review of the rule in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the circuit in which the person resides; or (iii) the circuit in which the principal place of business of the person is located. (B) Exclusive jurisdiction of courts of appeals The courts of appeals of the United States shall have exclusive jurisdiction of any action to obtain judicial review (other than in an enforcement proceeding) under subparagraph (A) if any district court of the United States would have had jurisdiction of the action but for this paragraph. ; (B) in paragraph (2), by striking paragraph (1)(A) paragraph (1) (C) by striking paragraph (3); and (2) in subsection (c)(1), by striking subparagraph (B) and inserting the following: (B) Applicability of section 706 (i) Definition of evidence In this subparagraph, the term evidence (ii) Applicability Section 706 of title 5, United States Code, shall apply to review of a rule under this section, except that— (I) in the case of a rule under section 4(f), 6(c), or 6(e)— (aa) the standard of review prescribed in section 706(2)(E) (bb) the court shall hold as unlawful and set aside the rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record; and (II) the court shall not review the contents and adequacy of the statement of basis and purpose required by section 553(c) . 17. Citizens' petitions Section 21 (15 U.S.C. 2620) is amended— (1) in subsection (a), by striking an order under section 5(e) or 6(b)(2) an order under section 4(f) or 5(c) (2) in subsection (b)— (A) in paragraph (1), by striking an order under section 5(e), 6(b)(1)(A), or 6(b)(1)(B) an order under section 4(f) or 5(c) (B) by striking subparagraph (B) of paragraph (4) and inserting the following: (B) De novo proceeding (i) In general In an action under subparagraph (A) to initiate a proceeding to issue a rule under section 4(f), 6(b), 6(c), 6(d), or 8 or an order issued under section 4(f) or 5(c), the petitioner shall be provided an opportunity to have the petition considered by the court in a de novo proceeding. (ii) Demonstration (I) In general The court shall order the Administrator to initiate the action requested by the petitioner if the petitioner demonstrates to the satisfaction of the court by a preponderance of the evidence that— (aa) in the case of a petition to initiate a proceeding for the issuance of a rule or order under section 4(f), the information available to the Administrator is insufficient for the Administrator to perform an action described in section 4(f), 6(b)(5), or 6(c)(8); (bb) in the case of a petition to issue an order under section 5(c), there is a reasonable basis to conclude that the substance is not likely to meet the safety standard under the intended conditions of use; (cc) in the case of a petition to initiate a proceeding for the issuance of a rule under section 6(c)(9), there is a reasonable basis to conclude that the substance will not meet the safety standard under the intended conditions of use; or (dd) in the case of a petition to initiate a proceeding for the issuance of a rule under section 6(b)(2), 6(d) or 8, there is a reasonable basis to conclude that the rule is necessary to protect human health or the environment from an unreasonable risk of harm to human health or the environment. (II) Deferment The court may permit the Administrator to defer initiating the action requested by the petitioner until such time as the court prescribes if the court finds that— (aa) the extent of the risk to human health or the environment alleged by the petitioner is less than the extent of risks to human health or the environment with respect to which the Administrator is taking action under this Act; and (bb) there are insufficient resources available to the Administrator to take the action requested by the petitioner. . 18. Studies Section 25 ( 15 U.S.C. 2624 19. Administration Section 26(e) ( 15 U.S.C. 2625(e) Health, Education, and Welfare Health and Human Services 20. Development and evaluation of test methods Section 27(a) ( 15 U.S.C. 2626(a) Health, Education, and Welfare Health and Human Services 21. State programs Section 28 (15 U.S.C. 2627) is amended by striking subsections (c) and (d). 22. Authorization of appropriations Section 29 ( 15 U.S.C. 2628 23. Annual report Section 30 (15 U.S.C. 2629) is amended by striking paragraph (2) and inserting the following: (2) (A) the number of notices received during each year under section 5; and (B) the number of the notices described in subparagraph (A) for chemical substances subject to a rule, testing consent agreement, or order under section 4(f); .

Chemical Safety Improvement Act

Commission on Effective Regulation and Assessment Systems for Public Schools Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to establish the Commission on Effective Regulation and Assessment Systems for Public Schools, composed of certain government officials, educators, and education policy experts. Requires the Commission to: (1) examine the effect government regulations have on elementary and secondary education; (2) recommend ways to align and improve those regulations to improve performance and innovation in education; and (3) recommend ways to improve and align assessment systems to provide reliable and meaningful information to parents, teachers, and students to improve student achievement, teacher performance, and innovation.

113 S1010 IS: Commission on Effective Regulation and Assessment Systems for Public Schools Act U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1010 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Bennet Mr. Alexander Committee on Health, Education, Labor, and Pensions A BILL To establish the Commission on Effective Regulation and Assessment Systems for Public Schools. 1. Short title This Act may be cited as the Commission on Effective Regulation and Assessment Systems for Public Schools Act 2. Commission on Effective Regulation and Assessment Systems for Public Schools (a) In general The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding at the end the following: X Commission on Effective Regulation and Assessment Systems for Public Schools 10001. Definitions In this title: (1) Chairperson The term Chairperson (2) Commission The term Commission (3) Relevant committees The term relevant committees 10002. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools (a) In general Not later than 30 days after the date of enactment of the Commission on Effective Regulation and Assessment Systems for Public Schools Act Commission on Effective Regulation and Assessment Systems for Public Schools (b) Purpose The Commission shall— (1) examine Federal, State, and local regulatory requirements on elementary and secondary education; (2) make recommendations on how to align and improve such Federal, State, and local requirements to improve performance and innovation; (3) examine the quality and purpose of current Federal, State, and local assessment requirements; and (4) make recommendations to improve and align assessment systems to provide quality and meaningful information for parents, teachers, and students to improve student achievement, teacher performance, and innovation. (c) Membership (1) Composition The Commission shall be composed of— (A) 4 Governors; (B) 6 State legislators; (C) 2 Chief State school officers; (D) 2 State officials responsible for administering Federal education programs; (E) 4 superintendents; (F) 2 principals; (G) 2 teachers; (H) 2 assessment experts; and (I) 2 teacher and principal effectiveness experts. (2) Recommendations The Secretary shall solicit input and nominations for appointing members of the Commission from— (A) Governors; (B) members of Congress; (C) State legislators; (D) superintendents, principals, teachers, and other members of the education community; and (E) parents, students, and other members of the general public. (3) Determination The Secretary shall determine the membership of the Commission after considering recommendations submitted under paragraph (2). (d) Chairperson The Secretary shall designate a Governor as the Chairperson of the Commission. (e) Meetings The Commission shall hold, at the call of the Chairperson, at least 1 meeting every 6 months. All such meetings shall be open to the public. The Commission may hold, at the call of the Chairperson, such other meetings as the Chairperson sees fit to carry out this title. (f) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Initial meeting The Commission shall hold its first meeting not later than 60 days after the date of enactment of the Commission on Effective Regulation and Assessment Systems for Public Schools Act 10003. Powers of the Commission (a) Hearings (1) In general The Commission shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission determines appropriate to carry out this title. (2) Participation In hearings held under this subsection, the Commission shall consider inviting witnesses from, among other groups— (A) teachers; (B) parents; (C) principals; (D) superintendents; (E) Federal, State, and local educational agency personnel; (F) researchers and other experts; and (G) any other individuals determined appropriate by the Commission. (b) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this title. Upon request of the Chairperson, the head of such department or agency shall furnish such information to the Commission. 10004. Duties of the Commission (a) Duties (1) In general The Commission shall take such actions as it determines necessary to gain a full understanding of the issues of effective regulation and assessment systems for public schools. (2) Areas of emphasis The Commission shall focus— (A) in examining the over-regulation of public schools, on— (i) examining Federal, State, and local regulations governing public schools; (ii) differentiating between financial, programmatic, general education, special education, and civil rights requirements; (iii) identifying which government entity requires each regulation; (iv) measuring the cost of compliance in terms of funds spent on compliance and time in hours and personnel; (v) identifying duplicative, redundant, or unnecessary regulations at each governmental level; and (vi) investigating how Federal, State, and local interpretations of laws and regulations create additional or unnecessary burden and are used as rationale for imposing requirements that are not actually mandated by law; and (B) in examining the effective testing of public schools, on— (i) examining Federal, State, and local testing and standardized assessment requirements for public elementary schools, middle schools, and high schools; (ii) determining the purpose and intent of each such test or assessment, including whether it is intended to measure student achievement and growth, teacher and principal effectiveness, or system accountability; (iii) determining the frequency, length, and scheduling of such tests and assessments, and measuring, in hours and days, the student and teacher time spent on testing; (iv) examining standardized assessments required by Federal, State, or local requirements, excluding teacher-created tests and quizzes and formative assessments; (v) reporting on the quality of standardized assessments; (vi) examining reporting practices of test results and the degree to which the results are returned in a timely manner with sufficient quality to be useful to parents, teachers and principals, and students to inform and improve their work, including targeting instruction to student needs, grading student work, and evaluating teacher and principal effectiveness; (vii) analyzing the ability of quality assessments to measure whether a student is prepared to graduate from high school and pursue college or a career without the need for academic remediation; (viii) examining what factors most contribute to quality assessments and the extent to which high-quality assessments can advance student learning; (ix) determining the technology infrastructure required for next generation assessments; and (x) identifying opportunities to improve assessment practices to better promote parent, teacher and principal, and student understanding of progress toward college and career readiness and public understanding of school performance and educational productivity. (3) Samples In conducting its work under this title, the Commission may rely on samples of States and local school districts for examples of regulations and testing requirements. (b) Reports (1) In general Subject to paragraph (2), the Commission shall provide regular reports in a manner and form of the Commission's choosing to— (A) the Secretary; and (B) the members of the relevant committees. (2) Annual report Not later than 1 year after the date of the first meeting of the Commission, and annually thereafter, the Commission shall issue a report to— (A) the Secretary; and (B) the members of the relevant committees. (3) Public report The Commission shall— (A) prepare a report— (i) analyzing findings of the Commission; and (ii) making recommendations for Federal, State, and local policy makers; and (B) broadly disseminate such report to the general public. (c) Testimony The Chairperson shall annually provide testimony to the relevant committees. 10005. Commission personnel matters (a) Compensation of members Each member of the Commission shall serve without compensation in addition to any such compensation received for the member's service as an officer or employee of the United States, if applicable. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 (c) Assistance (1) In general The Assistant Secretary for Elementary and Secondary Education shall provide assistance to the Commission, upon request of the Commission, without reimbursement. (2) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: Title X—Commission on Effective Regulation and Assessment Systems for Public Schools Sec. 10001. Definitions. Sec. 10002. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools. Sec. 10003. Powers of the Commission. Sec. 10004. Duties of the Commission. Sec. 10005. Commission personnel matters. .

Commission on Effective Regulation and Assessment Systems for Public Schools Act

Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2018.

113 S1011 IS: Boys Town Centennial Commemorative Coin Act U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1011 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Johanns Mrs. Fischer Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins in commemoration of the centennial of Boys Town, and for other purposes. 1. Short title This Act may be cited as the Boys Town Centennial Commemorative Coin Act 2. Findings Congress finds that— (1) Boys Town is a nonprofit organization dedicated to saving children and healing families, nationally headquartered in the village of Boys Town, Nebraska; (2) Father Flanagan’s Boys Home, known as Boys Town (3) Boys Town was created to serve children of all races and religions; (4) news of the work of Father Flanagan spread worldwide with the success of the 1938 movie, Boys Town (5) after World War II, President Truman asked Father Flanagan to take his message to the world, and Father Flanagan traveled the globe visiting war orphans and advising government leaders on how to care for displaced children; (6) Boys Town has grown exponentially, and now provides care to children and families across the country in 11 regions, including California, Nevada, Texas, Nebraska, Iowa, Louisiana, North Florida, Central Florida, South Florida, Washington, DC, New York, and New England; (7) the Boys Town National Hotline provides counseling to more than 150,000 callers each year; (8) the Boys Town National Research Hospital is a national leader in the field of hearing care and research of Usher Syndrome; (9) Boys Town programs impact the lives of more than 2,000,000 children and families across America each year; and (10) December 12th, 2017, will mark the 100th anniversary of Boys Town, Nebraska. 3. Coin specifications (a) $5 gold coins The Secretary of the Treasury (referred to in this Act as the Secretary (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) $1 silver coins The Secretary shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of the founding of Father Flanagan’s Boys Town, each of which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (c) Half dollar clad coins The Secretary shall mint and issue not more than 300,000 half dollar clad coins in commemoration of the centennial of the founding of Father Flanagan’s Boys Town, each of which shall— (1) weigh 11.34 grams; (2) have a diameter of 1.205 inches; and (3) be minted to the specifications for half dollar coins contained in section 5112(b) (d) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 (e) Numismatic items For purposes of sections 5134 5136 4. Design of coins (a) In general The design of the coins minted under this Act shall be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. (b) Designation and inscriptions On each coin minted under this Act, there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2017 (3) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (c) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with the National Executive Director of Boys Town and the Commission of Fine Arts; and (2) reviewed by the Citizens of Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins under this Act only during the period beginning on January 1, 2017, and ending on December 31, 2018. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; and (2) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Financial assurances The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the Federal Government.

Boys Town Centennial Commemorative Coin Act

Medicare Audit Improvement Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to establish a process which subjects to a single, combined maximum annual limit, applied incrementally, the number of additional documentation requests made to a hospital by Medicare administrative contractors, recovery audit contractors, or Comprehensive Error Rate Testing (CERT) program contractors pursuant to prepayment and postpayment audits requiring a hospital to submit a medical record for audit purposes. Directs the Secretary also to establish a distinct additional documentation request limit, computed according to a specified formula, for each hospital claim type for each hospital for a 45-day period in a year. Amends title XVIII (Medicare) of the Social Security Act with respect to the Medicare Integrity Program and use of recovery audit contractors. Requires the Secretary to ensure that recovery audit contracts include certain mandatory terms and conditions pertaining to: (1) penalties for certain compliance failures, (2) penalties for overturned appeals, (3) postpayment and prepayment audits, and (4) guidelines for prepayment review. Directs the Secretary to publish on the Internet website of the Centers for Medicare & Medicaid Services information on recovery audit contractor performance regarding: (1) audit rates, denials, and appeals outcomes; and (2) independent performance evaluations. Deems to be an original claim for Medicare part B (Supplementary Medical Insurance) payment a resubmitted hospital claim for Medicare part A payment for inpatient hospital services which a recovery audit contractor determines: (1) were not medically necessary and reasonable based on the site of service, but (2) would be medically necessary and reasonable in an outpatient setting of the hospital. Requires payment to be made for such a resubmitted claim for all furnished items and services for which payment may be made under Medicare part B. Deems to be a reopened claim, for purposes of a hospital's ability to resubmit a claim for Medicare payment in timely fashion, any claim that is the subject of an audit by a recovery audit contractor or a Medicare administrative contractor. Requires contracts for a recovery audit contractor to require that a physician review each denial of a claim for medical necessity made by an employee of the contractor who is not a physician. Subjects to administrative and judicial review the Secretary's compliance with guidelines for reopening and revising benefit determinations.

113 S1012 IS: Medicare Audit Improvement Act of 2013 U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1012 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Blunt Mr. Pryor Committee on Finance A BILL To amend title XVIII of the Social Security Act to improve operations of recovery auditors under the Medicare integrity program, to increase transparency and accuracy in audits conducted by contractors, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Medicare Audit Improvement Act of 2013 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Combined additional documentation request limit. Sec. 3. Improvement of recovery auditor operations. Sec. 4. Greater transparency of recovery auditor performance. Sec. 5. Accurate payment for rebilled claims. Sec. 6. Requirement for physician validation for medical necessity denials. Sec. 7. Assuring due process in application of guidelines for reopening and revision of determinations. 2. Combined additional documentation request limit (a) Establishment of limits per hospital The Secretary of Health and Human Services shall establish a process under which the number of additional documentation requests made to a hospital (as defined in subsection (c)(3)) by Medicare contractors (as defined in subsection (c)(1)) pursuant to prepayment and postpayment audits that require a hospital to submit a medical record for audit purposes, as required under chapter 3 of the Medicare Program Integrity Manual, or otherwise, shall be subject to a single, combined maximum limit of additional documentation requests per year for the Medicare contractors specified in subsection (c)(1). However, such maximum limit shall be applied incrementally as a limit for requests for additional documentation in 45-day periods during the year so that the maximum number of such requests in a 45-day period is 500 or, in the case of a hospital that receives less than $100,000,000 in Medicare inpatient hospital payments in the previous year, 350. (b) Establishment of percentage-Based limits per claim type In addition to the limit established under subsection (a), the Secretary shall establish a distinct additional documentation request limit for each hospital claim type (as defined in subsection (c)(2)) for each hospital for a 45-day period in a year. For a hospital for each hospital claim type for a 45-day period in a calendar year, the additional documentation request limit under this subsection for a claim type shall be 2 percent of the total number of hospital discharges for such hospital for the previous calendar year divided by 8. (c) Definitions In this section: (1) Medicare contractor The term Medicare contractor (A) A Medicare administrative contractor under section 1874A of the Social Security Act (42 U.S.C. 1395kk), including a fiscal intermediary and a carrier under sections 1816 and 1842, respectively. (B) A recovery audit contractor under section 1893(h) of such Act ( 42 U.S.C. 1395ddd(h) (C) A Comprehensive Error Rate Testing (CERT) program contractor with a contract with the Secretary of Health and Human Services to review error rates under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (2) Hospital claim type Each of the following shall be considered a separate hospital claim type (A) IPPS A claim for payment under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) made by a hospital for furnishing inpatient hospital services. (B) Outpatient hospital services A claim for payment under section 1833(t) of such Act ( 42 U.S.C. 1395l(t) (C) CAH services A claim for payment for inpatient or outpatient critical access hospital services, whether under section 1814(l) of such Act ( 42 U.S.C. 1395f(l) 42 U.S.C. 1395m(g) (D) Inpatient rehabilitation services A claim for payment under section 1886(j) of such Act ( 42 U.S.C. 1395ww(j) (E) Other inpatient services A claim for payment under any other provision of section 1886 of such Act ( 42 U.S.C. 1395ww (F) Skilled nursing facility services A claim for payment under section 1888(e) of such Act ( 42 U.S.C. 1395yy(e) (3) Hospital The term hospital 42 U.S.C. 1395x (d) Effective date This section takes effect on the date of the enactment of this Act and shall apply with respect to claims submitted for payment under title XVIII of the Social Security Act for items or services furnished by providers of services or suppliers on or after the first day of the first month beginning 60 days after the date of the enactment of this Act. 3. Improvement of recovery auditor operations (a) Recovery auditors (1) In general Section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)) is amended by adding at the end the following new paragraph: (10) Mandatory terms and conditions under contracts with recovery audit contractors In addition to such other terms and conditions as the Secretary may require under contracts with recovery audit contractors under this subsection with respect to a hospital, including a psychiatric hospital (as defined in section 1861(f)), the Secretary shall ensure each of the following requirements are included under such contracts: (A) Penalties for certain compliance failures (i) In general Each such contract shall provide for the imposition of financial penalties by the Secretary under such contract in the case of any recovery audit contractor with respect to which the Secretary determines there is a pattern of failure by such contractor to meet any program requirement described in clause (ii). The Secretary shall establish the amount of financial penalties and the periodicity under which such penalties shall be imposed under this subparagraph, in no case less often than annually. (ii) Program requirement described For purposes of this subparagraph, each of the following requirements under the statement of work for a recovery audit contractor constitutes a program requirement with respect to which failure to meet such requirement shall result in the imposition of a financial penalty under clause (i): (I) Audit deadline Completing a determination with respect to each audit of a hospital the recovery audit contractor conducts within the timeframes applicable under guidelines of the Secretary. (II) Timely communication In the case of a denial of a claim of a hospital, furnishing the hospital the required notice of the pending denial in a timely fashion consistent with claims and appeals timeframes specified in guidelines of the Secretary. (B) Penalty for overturned appeals (i) In general Each such contract shall require a recovery audit contractor to pay a fee to the prevailing party in the case of a claim denial that is overturned on appeal. (ii) Fee amount The amount of the fee payable by a recovery audit contractor to a prevailing party under clause (i) shall be determined under a fee schedule established by the Secretary for such purpose. The amount of such fee under such fee schedule shall reflect the cost incurred by a typical hospital in appealing a claim denied by a recovery audit contractor. (C) Postpayment and prepayment audits (i) Requiring focus on widespread payment errors (I) In general The Secretary shall not approve the conduct of a postpayment or prepayment medical necessity audit by a recovery audit contractor unless such review addresses a widespread payment error rate (as defined in clause (ii)). (II) Cessation of audit A recovery audit contractor that commences an audit under subclause (I) shall cease such audit or any similar audits, if upon annual review, the applicable payment error rate is no longer a widespread payment error rate (as so defined). (ii) Widespread payment error rate defined (I) In general In this subparagraph, the term widespread payment error rate (II) Rate specified The rate specified in this subclause is 40 percent, except that the Secretary shall annually evaluate such rate and reduce it as necessary to account for changes in payment error rates with the aim of continued, steady improvement of billing practices. (D) Guidelines for prepayment review (i) In general A recovery audit contractor may conduct prepayment review only in the manner provided under prepayment review guidelines (described in clause (ii)) established by the Secretary. (ii) Consistent prepayment review guidelines For purposes of prepayment review activities authorized under this subsection and section 1874A(h) (relating to prepayment review by medicare administrative contractors), the Secretary shall establish guidelines under which consistent criteria for minimum payment error rates or improper billing practices occasion prepayment review by contractors under this subsection and section 1874A. Such guidelines shall include criteria and timeframes for termination of prepayment review. . (2) Conforming amendment to apply financial penalties imposed on recovery contractors to the trust funds Section 1893(h)(2) of the Social Security Act (42 U.S.C. 1395ddd(h)(2)) is amended by inserting , and amounts collected by the Secretary under paragraph (10)(A)(i) (relating to financial penalties for contractor compliance failures), paragraph (1)(C) (b) Conforming amendment for medicare administrative contractors Section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 (h) Mandatory terms and conditions under contracts with medicare administrative contractors In addition to such other terms and conditions as the Secretary may require under contracts with medicare administrative contractors under this section with respect to a hospital, including a psychiatric hospital (as defined in section 1861(f)), the Secretary shall ensure each of the following requirements are included under such contracts: (1) Postpayment and prepayment audits (A) Requiring focus on widespread payment errors (i) In general The Secretary shall not approve the conduct of a postpayment or prepayment medical necessity audit by a medicare administrative contractor unless such review addresses a widespread payment error rate (as defined in subparagraph (B)). (ii) Cessation of audit A medicare administrative contractor that commences an audit under clause (i) shall cease such audit or any similar audits, if upon annual review, the applicable payment error rate is no longer a widespread payment error rate (as so defined). (B) Widespread payment error rate defined In this paragraph, the term widespread payment error rate (2) Guidelines for prepayment review A medicare administrative contractor may only conduct prepayment review in the manner provided under prepayment review guidelines established by the Secretary under section 1893(h)(10)(D)(ii). . (c) Effective date The amendments made by this section shall apply to contracts entered into or renewed with recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) 42 U.S.C. 1395kk–1 4. Greater transparency of recovery auditor performance (a) Annual publication of relevant performance information Section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) (11) Information on recovery audit contractor performance With respect to each recovery audit contractor with a contract under this section for a contract year, the Secretary shall publish on the Internet website of the Centers for Medicare & Medicaid Services the following information with respect to the performance of each such recovery audit contractor: (A) Publicly available information on audit rates, denials, and appeals outcomes With respect to the performance of each such recovery audit contractor during a contract year, the Secretary shall post on such Internet website the following information: (i) Audits The aggregate number of claims audited by the recovery audit contractor during the contract year involved, as well as the number of audits of each of the following audit types (each in this paragraph referred to as an audit type (I) Automated. (II) Complex. (III) Medical necessity review. (IV) Part A claims. (V) Part B claims. (VI) Durable medical equipment claims. (VII) Part A medical necessity. (ii) ADR requests The aggregate number of requests for medical records, referred to as additional documentation requests, for each audit type during the contract year involved. (iii) Denials The aggregate number of denials for each audit type made by the recovery audit contractor during the contract year involved. (iv) Denial rates The denial rate of the recovery audit contractor during the contract year involved for part A claims, part B claims, and durable medical equipment claims for each audit type during the contract year involved. (v) Appeals The aggregate number of appeals filed by providers of services and suppliers with respect to denials for each audit type made by the recovery audit contractor during the contract year involved. (vi) Appeals rates The aggregate rate of appeals filed by providers of services and suppliers with respect to denials for each audit type made by the recovery audit contractor during the contract year involved. (vii) Appeals volume and outcomes at each of the 5 stages of appeal For claims denied by a recovery audit contractor, the number of claims during the contract year that were appealed by the provider, the number of concluded appeals that did not advance to a subsequent appeals stage, and the number and percentage of completed appeals that were decided in favor of the provider, for each level of appeal as follows: (I) Reconsideration by the relevant medicare contractor. (II) Redetermination by a qualified independent contractor. (III) Administrative law judge hearing. (IV) Medicare Appeals Council review. (V) United States District Court judicial review. (viii) Net denials; net denial rates The net denials for each audit type, calculated as the number of denials for such audit type under clause (iii) minus the number of such denials that are overturned on appeal and the net denial rate for each audit type, calculated in the same manner as denial rates under clause (iv) but subtracting from denials those denials that are overturned on appeal. (B) Public availability of independent performance evaluation The Secretary shall make available on such Internet website the results of any performance evaluation with respect to each recovery audit contractor conducted by an independent entity selected by the Secretary for such purpose. Each performance evaluation shall include in its results for posting on such Internet website a determination of annual error rates of the recovery audit contractor for each audit type and the net denials and net denial rates described in subparagraph (A)(viii). . (b) Effective date The amendment made by subsection (a) shall apply to contracts entered into or renewed with recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) 5. Accurate payment for rebilled claims (a) Rebilling under part b inpatient claims denied based on site of service where services found medically necessary at the outpatient level (1) Recovery auditors Section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)), as amended by sections 3(a) and 4(a), is further amended by adding at the end the following new paragraph: (12) Treatment of resubmission of specified claims as original claims (A) Treatment as original claim The resubmission of a specified claim (as defined in subparagraph (C)) shall be deemed to be an original claim for purposes of— (i) payment under part B; and (ii) provisions under this title relating to— (I) the authority of a hospital to resubmit a claim for payment under the appropriate section of this title; and (II) requirements for the timely submission of claims, including under sections 1814(a), 1842(b)(3), and 1835(a). (B) Payment for items and services under resubmitted claim Payment shall be made for a specified claim resubmitted under subparagraph (A) for all the items and services furnished for which payment may be made under part B. (C) Definitions In this paragraph: (i) Specified claim (I) In general The term specified claim (II) Requirements for determination A recovery audit contractor or entity adjudicating such provider appeal shall, before completing a determination described in subclause (I), assess and make a specific finding as to whether the denied inpatient hospital services were medically necessary and reasonable in an outpatient setting of the hospital. (ii) Resubmission The term resubmission . (2) Conforming amendment for medicare administrative contractors Subsection (h) of section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 (3) Treatment of resubmission of specified claims as original claims (A) Treatment as original claim The resubmission of a specified claim (as defined in subparagraph (C)) shall be deemed to be an original claim for purposes of— (i) payment under part B; and (ii) provisions under this title relating to— (I) the authority of a hospital to resubmit a claim for payment under the appropriate section of this title; and (II) requirements for the timely submission of claims, including under sections 1814(a), 1842(b)(3), and 1835(a). (B) Payment for items and services under resubmitted claim Payment shall be made for a specified claim resubmitted under subparagraph (A) for all the items and services furnished for which payment may be made under part B. (C) Definitions In this paragraph: (i) Specified claim (I) In general The term specified claim (II) Requirements for determination A medicare administrative contractor or entity adjudicating such provider appeal shall, before completing a determination described in subclause (I), assess and make a specific finding as to whether the denied inpatient hospital services were medically necessary and reasonable in an outpatient setting of the hospital. (ii) Resubmission The term resubmission . (3) Conforming amendment for cert contractors (A) Treatment of resubmission of specified claims as original claims A Comprehensive Error Rate Testing (CERT) program contractor with a contract with the Secretary of Health and Human Services to review error rates under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (i) payment under part B of such title XVII; and (ii) provisions under such title relating to— (I) the authority of a hospital to resubmit a claim for payment under the appropriate section of such title; and (II) requirements for the timely submission of claims, including under sections 1814(a), 1842(b)(3), and 1835(a) of such Act ( 42 U.S.C. 1395f(a) (B) Payment for items and services under resubmitted claim Payment shall be made for a specified claim resubmitted under subparagraph (A) for all the items and services furnished for which payment may be made under part B of such title XVIII. (C) Definitions In this paragraph: (i) Specified claim (I) In general The term specified claim (II) Requirements for determination A CERT program contractor or entity adjudicating such provider appeal shall, before completing a determination described in subclause (I), assess and make a specific finding as to whether the denied inpatient hospital services were medically necessary and reasonable in an outpatient setting of the hospital. (ii) Resubmission The term resubmission (iii) Effective date The amendments made by paragraphs (1) and (2), and the provisions of paragraph (3), shall apply to contracts entered into or renewed with recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) 42 U.S.C. 1395kk–1 (b) Treatment of audited claims as reopened (1) Recovery auditors Section 1893(h)(4) of the Social Security Act (42 U.S.C. 1395ddd(h)(4)) is amended by adding after and below subparagraph (B) the following: For purposes of the ability of a hospital to resubmit a claim for payment under the appropriate section of this title and for purposes of requirements for the timely submission of claims by hospitals, including under sections 1814(a), 1842(b)(3), and 1835(a), any claim that is the subject of an audit by a recovery audit contractor with a contract under this section shall be deemed to be a reopened claim. Such reopened claims are not subject to the timely filing limitations under such sections (and related regulations) and shall be adjusted and paid without regard to such timely filing limitations. (2) Conforming amendment for medicare administrative contractors Section 1874A(h) of the Social Security Act ( 42 U.S.C. 1395kk–1(h) (4) Treatment of audited claims as reopened For purposes of the ability of a hospital to resubmit a claim for payment under the appropriate provisions of this title and for purposes of requirements for the timely submission of claims by hospitals, including under sections 1814(a), 1842(b)(3), and 1835(a), any claim that is the subject of an audit by a medicare administrative contractor with a contract under this section shall be deemed to be a reopened claim. Such reopened claims are not subject to the timely filing limitations under such sections (and related regulations) and shall be adjusted and paid without regard to such timely filing limitations. . (3) Conforming amendment for CERT contractors (A) Treatment of audited claims as reopened Any claim made for payment for services furnished by a hospital under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) that is the subject of an audit by a Comprehensive Error Rate Testing (CERT) program contractor with a contract with the Secretary of Health and Human Services shall be deemed to be a reopened claim for purposes of the ability of such hospital to resubmit a claim for payment under the appropriate provisions of such title XVIII and for purposes of requirements for the timely submission of claims by hospitals under such title XVIII, including under sections 1814(a), 1842(b)(3), and 1835(a) of the Social Security Act (42 U.S.C. 1395f(a), 1395u(b)(3), and 1395n(a), respectively). Such reopened claims are not subject to the timely filing limitations under such sections (and related regulations) and shall be adjusted and paid without regard to such timely filing limitations. (B) Definition In this paragraph, the term hospital 42 U.S.C. 1395x (4) Effective date The amendments made by paragraphs (1) and (2), and the provisions of paragraph (3), shall take effect on the date of the enactment of this Act and apply to claims subject to audit on or after September 1, 2010. 6. Requirement for physician validation for medical necessity denials (a) Recovery auditors Section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)), as amended by sections 3(a), 4(a), and 6(a)(1), is further amended by adding at the end the following new paragraph: (13) Physician validation of medical necessity denials made by non-physician reviewers (A) In general Each contract under this section for a recovery audit contractor shall require that a physician (as defined in section 1861(r)(1)) review each denial of a claim for medical necessity when a medical necessity review of such claim is performed and a denial is made by an employee of the contractor who is not a physician (as so defined). (B) Determination; validation A physician reviewing a claim under subparagraph (A) shall— (i) make a determination whether the denial of the claim under the medical necessity review by the non-physician employee is appropriate; (ii) sign and certify such determination; and (iii) append such signed and certified determination to the claim file. (C) Treatment as medically necessary A claim with respect to which a denial has been made as described in subparagraph (A) for which the physician determines the denial is not appropriate under subparagraph (B) shall be deemed to be medically necessary. (D) Medical necessity review defined In this paragraph, the term medical necessity review . (b) Conforming amendment to medicare administrative contractors Subsection (h) of section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 (5) Physician validation of medical necessity denials made by non-physician reviewers (A) In general A physician (as defined in section 1861(r)(1)) shall review each denial of a claim for medical necessity when a medical necessity review of such claim is performed and a denial is made by an employee of the contractor who is not a physician (as so defined). (B) Determination; validation A physician reviewing a claim under subparagraph (A) shall— (i) make a determination whether the denial of the claim under the medical necessity review by the non-physician employee is appropriate; (ii) sign and certify such determination; and (iii) append such signed and certified determination to the claim file. (C) Treatment as medically necessary A claim with respect to which a denial has been made as described in subparagraph (A) for which the physician determines the denial is not appropriate under subparagraph (B) shall be deemed to be medically necessary. (D) Medical necessity review defined In this paragraph, the term medical necessity review . (c) Conforming requirement for CERT contractors (1) Contract requirement for physician validation of medical necessity denials made by non-physician reviewers The Secretary of Health and Human Services shall require under each contract with a Comprehensive Error Rate Testing (CERT) program contractor to review error rates under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 1395x(r)(1) (2) Determination; validation A physician reviewing a claim under paragraph (1) shall— (A) make a determination whether the denial of the claim under the medical necessity review by the non-physician employee is appropriate; (B) sign and certify such determination; and (C) append such signed and certified determination to the claim file. (3) Treatment as medically necessary A claim with respect to which a denial has been made as described in paragraph (1) for which the physician determines the denial is not appropriate under paragraph (2) shall be deemed to be medically necessary. (4) Medical necessity review defined In this subsection, the term medical necessity review (d) Effective date The amendments made by subsections (a) and (b), and the provisions of subsection (c), shall apply to contracts entered into or renewed with recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) 42 U.S.C. 1395kk–1 7. Assuring due process in application of guidelines for reopening and revision of determinations Section 1869(b)(1)(G) of the Social Security Act ( 42 U.S.C. 1395ff(b)(1)(G) The Secretary’s compliance with such guidelines shall be subject to administrative and judicial review under this section.

Medicare Audit Improvement Act of 2013

Patent Abuse Reduction Act of 2013 - Directs a party alleging infringement in a civil action arising under any Act of Congress relating to patents to include in the court pleadings: an identification of each patent and claim allegedly infringed as well as the accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to as an "accused instrumentality") alleged to infringe any such claim; an identification of the name or model number of accused instrumentalities that allegedly result in the practice of a claimed invention; for each accused instrumentality, an explanation of where each element of each asserted claim identified is found within the accused instrumentality, whether each such element is infringed literally or under the doctrine of equivalents, and how the terms in each asserted claim correspond to the functionality of the accused instrumentality; for each claim alleged to have been infringed indirectly, a description of: (1) the direct infringement; (2) any person alleged to be a direct infringer known to the party alleging infringement; and (3) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; a description of the right of the party alleging infringement to assert each identified patent and claim; the principal business of the party alleging infringement; a list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the identified patents; whether any identified patent is subject to any licensing term or pricing commitments through any agency, organization, or other standard-setting body; the identity of any person other than the party alleging infringement, known to the party alleging infringement, who: (1) owns or co-owns an identified patent or is the assignee of, or an exclusive licensee to, such patent; or (2) has a legal right to enforce an identified patent through a civil action under any Act of Congress relating to patents or is licensed under such patent; and the identity of any person with a direct financial interest in the outcome of the action and a description of any agreement or other legal basis for such financial interest. Sets forth procedures with respect to the joinder of parties and discovery of evidence. Directs each party to be responsible for the costs of producing core documentary evidence within the possession, custody, or control of that party. Defines "core documentary evidence" as documents that: relate to the conception, reduction to practice, and application for the asserted patent; are sufficient to show the technical operation of the instrumentality identified in the complaint as infringing the asserted patent; relate to potentially invalidating prior art; relate to previous licensing or conveyances of the asserted patent; are sufficient to show revenue attributable to any claimed invention; are sufficient to show the organizational ownership and structure of each party, including identification of any person with a financial interest in the asserted patent; relate to awareness of the asserted patent or claim, or the infringement, before the action was filed; and are sufficient to show any marking, lack of marking, or notice of the asserted patent provided to the accused infringer. Excludes from the definition of core documentary evidence any computer code or electronic communication, such as e-mail, text messages, instant messaging, and other forms of electronic communication, unless the court finds good cause. Permits additional discovery under specified conditions if the party seeking such additional discovery bears the costs, including reasonable attorney's fees. Directs courts to award to the prevailing party reasonable costs and expenses, including attorney's fees, unless: (1) the position and conduct of the non-prevailing party were objectively reasonable and substantially justified, or (2) exceptional circumstances make such an award unjust. Allows the court, if the non-prevailing party is unable to pay such costs and expenses, to make the costs and expenses recoverable against interested parties.

113 S1013 IS: Patent Abuse Reduction Act of 2013 U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1013 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Cornyn Committee on the Judiciary A BILL To amend title 35, United States Code, to add procedural requirements for patent infringement suits. 1. Short title This Act may be cited as the Patent Abuse Reduction Act of 2013 2. Pleading requirements (a) In general Chapter 29 281A. Pleading requirements for patent infringement actions In a civil action arising under any Act of Congress relating to patents, a party alleging infringement shall include in the initial complaint, counterclaim, or cross-claim for patent infringement— (1) an identification of each patent allegedly infringed; (2) an identification of each claim of each patent identified under paragraph (1) that is allegedly infringed; (3) for each claim identified under paragraph (2), an identification of each accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to in this section as an accused instrumentality (4) for each accused instrumentality identified under paragraph (3), an identification with particularity, if known, of— (A) the name or model number of each accused instrumentality; and (B) the name of each accused method, system, process, function, act, or service, or the name or model number of each apparatus, product, feature, or device that, when used, allegedly results in the practice of the claimed invention; (5) for each accused instrumentality identified under paragraph (3), an explanation of— (A) where each element of each asserted claim identified under paragraph (2) is found within the accused instrumentality; (B) whether each such element is infringed literally or under the doctrine of equivalents; and (C) with detailed specificity, how the terms in each asserted claim identified under paragraph (2) correspond to the functionality of the accused instrumentality; (6) for each claim that is alleged to have been infringed indirectly, a description of— (A) the direct infringement; (B) any person alleged to be a direct infringer known to the party alleging infringement; and (C) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; (7) a description of the right of the party alleging infringement to assert each— (A) patent identified under paragraph (1); and (B) patent claim identified in paragraph (2); (8) a description of the principal business of the party alleging infringement; (9) a list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the patents identified under paragraph (1); (10) for each patent identified under paragraph (1), whether such patent is subject to any licensing term or pricing commitments through any agency, organization, standard-setting body, or other entity or community; (11) the identity of any person other than the party alleging infringement, known to the party alleging infringement, who— (A) owns or co-owns a patent identified under paragraph (1); (B) is the assignee of a patent identified under paragraph (1); or (C) is an exclusive licensee to a patent identified under paragraph (1); (12) the identity of any person other than the party alleging infringement, known to the party alleging infringement, who has a legal right to enforce a patent identified under paragraph (1) through a civil action under any Act of Congress relating to patents or is licensed under such patent; (13) the identity of any person with a direct financial interest in the outcome of the action, including a right to receive proceeds, or any fixed or variable portion thereof; and (14) a description of any agreement or other legal basis for a financial interest described in paragraph (13). . (b) Technical and conforming amendment The table of sections for chapter 29 of title 35, United States Code, is amended by inserting after the item relating to section 281 the following: 281A. Pleading requirements for patent infringement actions. . (c) Review of form 18 Not later than 12 months after the date of enactment of this Act, the Supreme Court shall review and amend Form 18 of the Federal Rules of Civil Procedure to ensure that Form 18 is consistent with the requirements under section 281A (d) Rule of construction Nothing in this section or the amendments made by this section shall be construed to alter existing law or rules relating to joinder. 3. Joinder of interested parties Section 299 of title 35, United States Code, is amended by adding at the end the following: (d) Joinder of interested parties (1) Definition In this subsection, the term interested party (A) means a person described in paragraph (11) or (13) of section 281A; and (B) does not include an attorney or law firm providing legal representation in the action if the sole basis for the financial interest of the attorney or law firm in the outcome of the action arises from an agreement to provide that legal representation. (2) Joinder of interested parties In a civil action arising under any Act of Congress relating to patents, the court shall grant a motion by a party defending an infringement claim to join an interested party if the defending party shows that the interest of the plaintiff in any patent identified in the complaint, including a claim asserted in the complaint, is limited primarily to asserting any such patent claim in litigation. (3) Limitation on joinder The court may deny a motion to join an interested party under paragraph (2) if— (A) the interested party is not subject to service of process; or (B) joinder under paragraph (2) would deprive the court of subject matter jurisdiction or make venue improper. . 4. Discovery limits (a) In general Chapter 29 300. Discovery in patent infringement suits (a) Discovery limitation prior to claim construction (1) In general Except as provided in paragraph (2), in a civil action arising under any Act of Congress relating to patents, if the court determines that a ruling relating to the construction of terms used in a patent claim asserted in the complaint is required, discovery shall be limited, until such ruling, to information necessary for the court to determine the meaning of the terms used in the patent claim, including any interpretation of those terms used to support the claim of infringement. (2) Discretion to expand scope of discovery (A) Timely resolution of actions If, under any provision of Federal law (including the Drug Price Competition and Patent Term Restoration Act (Public Law 98–417)), resolution within a specified period of time of a civil action arising under any Act of Congress relating to patents will have an automatic impact upon the rights of a party with respect to the patent, the court may permit discovery in addition to the discovery authorized under paragraph (1) before the ruling described in paragraph (1) as necessary to ensure timely resolution of the action. (B) Resolution of motions When necessary to resolve a motion properly raised by a party before a ruling relating to the construction of terms (as described in paragraph (1)), the court may allow limited discovery in addition to the discovery authorized under paragraph (1) as necessary to resolve the motion. (b) Sequence and scope; cost-Shifting (1) Definitions In this subsection— (A) the term additional discovery (B) the term core documentary evidence (i) subject to clause (ii), includes only documents that— (I) relate to the conception, reduction to practice, and application for the asserted patent; (II) are sufficient to show the technical operation of the instrumentality identified in the complaint as infringing the asserted patent; (III) relate to potentially invalidating prior art; (IV) relate to previous licensing or conveyances of the asserted patent; (V) are sufficient to show revenue attributable to any claimed invention; (VI) are sufficient to show the organizational ownership and structure of each party, including identification of any person that has a financial interest in the asserted patent; (VII) relate to awareness of the asserted patent or claim, or the infringement, before the action was filed; and (VIII) sufficient to show any marking, lack of marking, or notice of the asserted patent provided to the accused infringer; and (ii) does not include computer code or electronic communication, such as e-mail, text messages, instant messaging, and other forms of electronic communication, unless the court finds good cause for including such computer code or electronic communication as core documentary evidence of a particular party under clause (i). (2) Discovery sequence and scope In a civil action arising under any Act of Congress relating to patents, the parties shall discuss and address in the written report filed under rule 26(f)(2) of the Federal Rules of Civil Procedure the views and proposals of the parties on— (A) when the discovery of core documentary evidence should be completed; (B) whether the parties will seek additional discovery under paragraph (3); and (C) any issues relating to infringement, invalidity, or damages that, if resolved before the additional discovery described in paragraph (3) commences, will simplify or streamline the case, including the identification of any key patent claim terms or phrases to be construed by the court and whether the early construction of any of those terms or phrases would be helpful. (3) Discovery cost-shifting (A) In general In a civil action arising under any Act of Congress relating to patents, each party shall be responsible for the costs of producing core documentary evidence within the possession, custody, or control of that party. (B) Additional discovery (i) In general A party to a civil action arising under any Act of Congress relating to patents may seek additional discovery if the party bears the costs of the additional discovery, including reasonable attorney’s fees. (ii) Requirements A party shall not be allowed additional discovery unless the party— (I) at the time that such party seeks additional discovery, provides to the party from whom the additional discovery is sought payment of the anticipated costs of the discovery; or (II) posts a bond in an amount sufficient to cover the anticipated costs of the discovery. (C) Rules of construction Nothing in subparagraph (A) or (B) shall be construed to— (i) entitle a party to information not otherwise discoverable under the Federal Rules of Civil Procedure or any other applicable rule or order; (ii) require a party to produce privileged matter or other discovery otherwise limited under the Federal Rules of Civil Procedure; or (iii) prohibit a court from— (I) determining that a request for discovery is excessive, irrelevant, or otherwise abusive; or (II) setting other limits on discovery. . 5. Costs and expenses (a) In general Section 285 285. Costs and expenses (a) In general The court shall award to the prevailing party reasonable costs and expenses, including attorney’s fees, unless— (1) the position and conduct of the non-prevailing party were objectively reasonable and substantially justified; or (2) exceptional circumstances make such an award unjust. (b) Prohibition on consideration of certain settlements In determining whether an exception under paragraph (1) or (2) of subsection (a) applies, the court shall not consider as evidence any license taken in settlement of an asserted claim. (c) Recovery If the non-prevailing party is unable to pay reasonable costs and expenses awarded by the court under subsection (a), the court may make the reasonable costs and expenses recoverable against any interested party, as defined in section 299(d). . (b) Technical and conforming amendments (1) Table of sections The table of sections for chapter 29 285. Costs and expenses. . (2) Conforming amendments Chapter 29 (A) in section 271(e)(4), in the flush text following subparagraph (D), by striking attorney fees reasonable costs and expenses, including attorney's fees, (B) in section 273(f), by striking attorney fees reasonable costs and expenses, including attorney's fees, (C) in section 296(b), by striking attorney fees reasonable costs and expenses (including attorney's fees)

Patent Abuse Reduction Act of 2013

Youth Sports Concussion Act - Expresses the sense of Congress that the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC) should review the National Academies' report on sports-related concussions in youth, and future research in this area, for any matter that may impact products under the CPSC's jurisdiction or inform the FTC's efforts to protect consumers. Makes it unlawful to sell or offer for sale in interstate commerce, or import into the United States for such purposes, athletic sporting equipment for which the seller or importer makes any deceptive claim with respect to the safety benefits of such item. Requires violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Sets forth the enforcement authority of the FTC. Authorizes the FTC to promulgate regulations to carry out this Act. Authorizes states to bring civil actions in federal court to obtain injunctive relief on behalf of state residents unless a civil or administrative action has already been instituted by the FTC. Allows the FTC to intervene and appeal in state actions.

113 S1014 IS: Youth Sports Concussion Act U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1014 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Udall of New Mexico Mr. Rockefeller Committee on Commerce, Science, and Transportation A BILL To reduce sports-related concussions in youth, and for other purposes. 1. Short title This Act may be cited as the Youth Sports Concussion Act 2. Sense of Congress It is the sense of Congress that— (1) scientific advancements and a greater understanding of the issues that affect the health and safety of young athletes are key to reducing sports-related concussions in youth; (2) the National Academies should complete, and make available to the public, its report on sports-related concussions in youth not later than January 31, 2014; (3) the Consumer Product Safety Commission should review the National Academies' report for any matter that may impact products under the Commission's jurisdiction; (4) if protective equipment manufacturers choose to adopt voluntary consumer product safety standards based on the National Academies' report and any related Consumer Product Safety Commission recommendations, the voluntary standards should include mechanisms to ensure substantial compliance by covered entities; and (5) the Federal Trade Commission should review the National Academies' report for any matter that may inform efforts to protect consumers from unfair or deceptive practices in or affecting commerce. 3. The National Academies' report on sports-related concussions in youth (a) Review The Consumer Product Safety Commission— (1) shall review the National Academies' report on sports-related concussion in youth not later than 5 months after the completion of such report; and (2) may make recommendations to protective equipment manufacturers regarding whether voluntary standards should be adopted— (A) to reduce the risk of sports-related injury for youth athletes wearing protective equipment; (B) to improve the safety of reconditioned protective equipment; and (C) to modify protective equipment warning labels. (b) Safety standards (1) Lead time for a voluntary standard If, not later than 1 year after the completion of the National Academies' report, no voluntary standard is adopted based on the National Academies' report and any related Consumer Product Safety Commission recommendations, the Consumer Product Safety Commission may initiate a proceeding to promulgate a consumer product safety rule in accordance with section 553 (2) Net effect A rule issued under this subsection must have the net effect of improving safety. (3) Conformity with existing law A rule issued under this subsection shall be considered a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 4. False or misleading claims with respect to athletic sporting activity equipment (a) Unlawful activity It is unlawful for any person to sell, or offer for sale, in interstate commerce, or import into the United States for the purpose of selling or offering for sale, any item or equipment intended, designed, or offered for use by an individual engaged in any athletic sporting activity, whether professional or amateur, for which the seller or importer, or any person acting on behalf of the seller or importer, makes any false or misleading claim with respect to the safety benefits of such item. (b) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of subsection (a) shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act ( 15 U.S.C. 57a (2) Powers of Federal Trade Commission (A) In general The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Regulations Notwithstanding any other provision of law, the Federal Trade Commission may promulgate under section 553 (C) Privileges and immunities Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (D) Authority preserved Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (c) Enforcement by States (1) In general Except as provided in paragraph (4), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates subsection (a), the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate injunctive relief. (2) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Federal Trade Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal. (3) Investigatory powers Nothing in this subsection shall be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by Federal Trade Commission If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (a) or a rule promulgated under subsection (b)(2)(B) the attorney general of a State may not, during the pendency of that action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (6) Actions by other State officials (A) In general In addition to a civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.

Youth Sports Concussion Act

Help Veterans Own Franchises Act - Amends the Internal Revenue Code to allow a business-related tax credit of up to $100,000 for 25% of the franchise fees paid or incurred by a veteran for the purchase of a franchise. Directs the Administrator of the Small Business Administration (SBA) and the Secretary of Veterans Affairs (VA) to provide information about the tax credit allowed by this Act to veterans service organizations and veteran advocacy groups.

113 S1015 IS: Help Veterans Own Franchises Act U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1015 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Casey Mr. Rubio Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow credits for the purchase of franchises by veterans. 1. Short title This Act may be cited as the Help Veterans Own Franchises Act 2. Veterans franchise fee credit (a) In general Subpart D of part IV of subchapter A of chapter 1 45S. Veterans franchise fee credit (a) Veterans franchise fee credit (1) In general For purposes of section 38, the veterans franchise fee credit determined under this section for the taxable year is an amount equal to 25 percent of the qualified franchise fees paid or incurred by a veteran during the taxable year. (2) Limitation The amount allowed as a credit under paragraph (1) with respect to the purchase of any franchise shall not exceed $100,000. (b) Reduction where franchise not 100 percent veteran-Owned In the case of any franchise in which veterans do not own 100 percent of the stock or of the capital or profits interests of the franchise, the credit under subsection (a) shall be the credit amount determined under such subsection, multiplied by the same ratio as— (1) the stock or capital or profits interests of the franchise held by veterans, bears (2) to the total stock or capital or profits interests of the franchise. For purposes of this subsection, the spouse of a veteran shall be treated as a veteran. (c) Qualified franchise fee For purposes of this section, the term qualified franchise fee (d) Other definitions For purposes of this section, the terms franchise franchisee franchisor franchise fee (e) Veteran The term veteran (f) Election This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. . (b) Credit To be part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus , plus (37) the veterans franchise fee credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45S. Veterans franchise fee credit. . (d) Effective date The amendments made by this section shall apply to taxable years ending after December 31, 2012. 3. Publication of information by Department of Veterans Affairs and Small Business Administration The Administrator of the Small Business Administration and the Secretary of Veterans Affairs shall publicize in mailings and brochures sent to veterans service organizations and veteran advocacy groups information regarding discounted franchise fees under section 45S of the Internal Revenue Code of 1986 and other information about the program established under amendments made by this Act.

Help Veterans Own Franchises Act

Preserving Freedom from Unwarranted Surveillance Act of 2013 - Prohibits a person or entity acting under the authority of (or funded in whole or in part by) the federal government from using a drone to gather evidence or other information pertaining to criminal conduct or conduct in violation of a statute or regulation except to the extent authorized in a warrant satisfying the requirements of the Fourth Amendment to the Constitution. Defines a "drone" as an unmanned aircraft operated without the possibility of direct human intervention from within or on the aircraft. Exempts from such prohibition the use of drones to: (1) patrol national borders to prevent or deter illegal entry of any persons or illegal substances, (2) prevent imminent danger to the life of an individual when drones are used by law enforcement under exigent circumstances, or (3) counter a high risk of a terrorist attack by a specific individual or organization based on credible intelligence determined by the Secretary of Homeland Security (DHS). Authorizes civil actions by aggrieved parties. Prohibits evidence obtained or collected in violation of this Act from being admissible in a criminal prosecution in any court in the United States.

113 S1016 IS: Preserving Freedom from Unwarranted Surveillance Act of 2013 U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1016 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Paul Committee on the Judiciary A BILL To protect individual privacy against unwarranted governmental intrusion through the use of the unmanned aerial vehicles commonly called drones, and for other purposes. 1. Short title This Act may be cited as the Preserving Freedom from Unwarranted Surveillance Act of 2013 2. Definitions In this Act— (1) the term drone unmanned aircraft 49 U.S.C. 40101 (2) the term law enforcement party 3. Prohibited use of drones Except as provided in section 4, a person or entity acting under the authority, or funded in whole or in part by, the Government of the United States shall not use a drone to gather evidence or other information pertaining to criminal conduct or conduct in violation of a statute or regulation except to the extent authorized in a warrant that satisfies the requirements of the Fourth Amendment to the Constitution of the United States. 4. Exceptions This Act does not prohibit any of the following: (1) Patrol of borders The use of a drone to patrol national borders to prevent or deter illegal entry of any persons or illegal substances. (2) Exigent circumstances The use of a drone by a law enforcement party when exigent circumstances exist. For the purposes of this paragraph, exigent circumstances exist when the law enforcement party possesses reasonable suspicion that under particular circumstances, swift action to prevent imminent danger to the life of an individual is necessary. (3) High risk The use of a drone to counter a high risk of a terrorist attack by a specific individual or organization, when the Secretary of Homeland Security determines credible intelligence indicates there is such a risk. 5. Remedies for violation Any aggrieved party may in a civil action obtain all appropriate relief to prevent or remedy a violation of this Act. 6. Prohibition on use of evidence No evidence obtained or collected in violation of this Act may be admissible as evidence in a criminal prosecution in any court of law in the United States.

Preserving Freedom from Unwarranted Surveillance Act of 2013

Federal Reserve Independence Act - Amends the Federal Reserve Act regarding class A membership on the board of directors of a Federal Reserve Bank to require the Board of Governors of the Federal Reserve System (Federal Reserve Board) to designate members from among persons who are not employed in any capacity by a stockholding bank. Requires the Federal Reserve Board to designate the class B members of such board of directors (class B members represent the public). Prohibits employees of any Federal Reserve Board-regulated entity from serving on the board of directors of any Reserve Bank. Prohibits any employee of the Federal Reserve System or any board member of a Reserve Bank from owning stock or investing in any company regulated by the Federal Reserve Board. Directs the Comptroller General to report annually to Congress to ensure implementation of this Act.

113 S1018 IS: Federal Reserve Independence Act U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1018 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Sanders Mrs. Boxer Mr. Begich Committee on Banking, Housing, and Urban Affairs A BILL To restrict conflicts of interest on the boards of directors of Federal reserve banks, and for other purposes. 1. Short title This Act may be cited as the Federal Reserve Independence Act 2. Findings Congress finds the following: (1) In October 2011, the Government Accountability Office found that— (A) allowing members of the banking industry to both elect and serve on the boards of directors of Federal reserve banks poses reputational risks to the Federal Reserve System; (B) 18 former and current members of the boards of directors of Federal reserve banks were affiliated with banks and companies that received emergency loans from the Federal Reserve System during the financial crisis; (C) many of the members of the boards of directors of Federal reserve banks own stock or work directly for banks that are supervised and regulated by the Federal Reserve System. These board members oversee the operations of the Federal reserve banks, including salary and personnel decisions; (D) under current regulations, members of a board of directors of a Federal reserve bank who are employed by the banking industry or own stock in financial institutions can participate in decisions involving how much interest to charge to financial institutions receiving loans from the Federal Reserve System, and the approval or disapproval of Federal Reserve credit to healthy banks and banks in hazardous (E) 21 members of the boards of directors of Federal reserve banks were involved in making personnel decisions in the division of supervision and regulation under the Federal Reserve System; and (F) the Federal Reserve System does not publicly disclose when it grants a waiver to its conflict of interest regulations. (2) Allowing currently employed banking industry executives to serve as directors on the boards of directors of Federal reserve banks is a clear conflict of interest that must be eliminated. (3) No one who works for or invests in a firm receiving direct financial assistance from the Federal Reserve System should be allowed to sit on any board of directors of a Federal reserve bank or be employed by the Federal Reserve System. 3. Ending conflicts of interest (a) Class A members The tenth undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 302 chosen by and be representative of the stockholding banks designated by the Board of Governors of the Federal Reserve System, from among persons who are not employed in any capacity by a stockholding bank (b) Class B The eleventh undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 302 be elected be designated by the Board of Governors of the Federal Reserve System (c) Limitations on boards of directors The fourteenth and fifteenth undesignated paragraphs of section 4 of the Federal Reserve Act ( 12 U.S.C. 303 No employee of a bank holding company or other entity regulated by the Board of Governors of the Federal Reserve System may serve on the board of directors of any Federal reserve bank. No employee of the Federal Reserve System or board member of a Federal reserve bank may own any stock or invest in any company that is regulated by the Board of Governors of the Federal Reserve System, without exception. . 4. Reports to Congress The Comptroller General of the United States shall report annually to Congress beginning 1 year after the date of enactment of this Act to make sure that the provisions of this Act are followed.

Federal Reserve Independence Act

Elder Protection and Abuse Prevention Act - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to: (1) ensure that all programs funded under such Act include appropriate training in elder abuse prevention and the provision of services that address elder justice and exploitation; and (2) update periodically the need for and benefit of such training related to prevention of abuse, neglect, and exploitation (including financial exploitation) of older adults. Makes it a duty and function of the Administration on Aging to: (1) establish priority information and assistance services for older individuals; (2) ensure full collaboration between all governmental information and assistance systems that serve older individuals; and (3) develop a National Eldercare Locator Service, with a nationwide toll free number. Directs the Assistant Secretary, by grant or contract with a national nonprofit entity, to establish a National Adult Protective Services Resources Center to improve the capacity of state and local adult protective services programs to: (1) respond effectively to abuse, neglect, and exploitation of vulnerable adults, including home care consumers and residents of long-term care facilities; and (2) coordinate with the Long-Term Care Ombudsman Program. Requires each area plan to provide that the area agency on aging: (1) increases public awareness of elder abuse and financial exploitation, and removes barriers to elder abuse education, prevention, investigation, and treatment; (2) coordinates elder justice activities of the area agency on aging, community health centers, other public agencies, and nonprofit private organizations; (3) develops standardized, coordinated, and reporting protocols with respect to elder abuse; and (4) reports instances of elder abuse. Directs the Assistant Secretary to make grants to states under approved state plans for elder abuse and neglect screening. Requires a state operating a nutrition project to encourage individuals who distribute nutrition services to distribute information on diabetes, elder abuse, neglect, financial exploitation, and the annual Medicare wellness exam. Requires a state, an area agency on aging, a nonprofit organization, or a tribal organization that receives a grant for an older individuals' protection from violence project to use it to research and replicate successful models of elder abuse, neglect, and exploitation prevention and training. Directs the Assistant Secretary to award grants and enter into contracts with eligible organizations to carry out projects to engage volunteers over 50 years of age in providing support and information to older adults (and their families or caretakers) who have experienced or are at risk of elder abuse. Allows a state to use funds under the National Family Caregiver Support Program to support the Office of the State Long-Term Care Ombudsman.

113 S1019 IS: Elder Protection and Abuse Prevention Act U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1019 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Blumenthal Mr. Begich Mr. Casey Mr. Whitehouse Mr. Franken Mr. Rockefeller Committee on Health, Education, Labor, and Pensions A BILL To amend the Older Americans Act of 1965 to authorize Federal assistance to State adult protective services programs, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Elder Protection and Abuse Prevention Act (b) Findings Congress finds the following: (1) In 2009, the Department of Justice estimated that 14.1 percent of non-institutionalized older adults in the United States had experienced some form of elder abuse in the past year. (2) Only 1 in 23.5 cases of elder abuse is ever reported due to a lack of screening, awareness, and prevention efforts. (3) The mortality rate of older adults who are victims of abuse is 3 times higher than older adults that are not victims of abuse. (4) The annual financial loss by victims of elder financial abuse is estimated to be at least $2,900,000,000, and steadily increasing. 2. Adult protective services; definitions Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (1) by amending paragraph (1) to read as follows: (1) Abuse The term abuse ; (2) by redesignating paragraphs (4) through (54) as paragraphs (5) through (55); (3) by inserting after paragraph (3), the following: (4) Adult protective services The term adult protective services (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other case work and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. ; (4) by amending paragraph (18), as so redesignated, to read as follows: (18) Elder justice The term elder justice (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect older individuals with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an older individual's rights, including the right to be free of abuse, neglect, and exploitation. ; (5) in paragraph (19), as so redesignated, by striking The term exploitation The terms exploitation financial exploitation (6) in paragraph (25), as so redesignated— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period at the end and inserting ; and (C) by adding at the end the following: (D) abuse, neglect (including self-neglect), financial exploitation, including factors that are the basis of a referral to adult protective services. ; (7) in paragraph (29)(C), as so redesignated, by inserting , including opportunities for work and volunteer service in the community available (8) in paragraph (30), as so redesignated, by striking information and referral information and referral assistance (9) in paragraph (37), as so redesignated, by inserting (including elder abuse and neglect screening) educational services 3. Coordination of elder justice activities (a) Use of funds Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended by adding at the end the following: (g) The Assistant Secretary is authorized to use funds appropriated to carry out this Act to implement activities authorized under part I of subtitle B of title XX of the Social Security Act ( 42 U.S.C. 1397k et seq. . (b) Assurance of appropriate training for staff Section 202 of the Older Americans Act of 1965 ( 42 U.S.C. 3012 (g) The Assistant Secretary shall— (1) ensure, where appropriate, that all programs funded under this Act include appropriate training in prevention and provision of services that address elder justice and exploitation; and (2) periodically update the need for and benefit of such training related to prevention of abuse, neglect, and exploitation of older adults. . (c) Information and assistance services Section 202(a)(21) of the Older Americans Act of 1965 ( 42 U.S.C. 3012(a)(21) (21) (A) establish information and assistance services as priority services for older individuals, and ensure that quality information and assistance services are consistently provided to older individuals; (B) ensure that there is full collaboration between all governmental information and assistance systems that serve older individuals, whether specialized, crisis intervention, disaster assistance, or others; and (C) develop and operate, either directly or through contracts, grants, or cooperative agreements, a National Eldercare Locator Service, providing information and assistance services through a nationwide toll free number to identify community resources for older individuals; . (d) Integration of titles Section 701 of the Older Americans Act of 1965 (42 U.S.C. 3058) is amended by adding at the end the following: The Assistant Secretary, to the maximum extent practicable, shall ensure there be full integration of education and public awareness activities under this title with all service programs under title III with special emphasis on the nutrition programs, legal services, information and referral assistance activities, the work of aging and disability resource centers, and the long-term care ombudsman programs, including programs carried out under title VI. 4. Coordination of national adult protective services resource center with elder abuse and exploitation prevention Subsection (e)(2) of section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 , and in coordination with State Directors of the Adult Protective Services Programs and State Directors of the Office of Long-Term Care Ombudsman Programs and services 5. National adult protective services resource center (a) In general Section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 (h) (1) The Assistant Secretary shall, by grant or contract with a national nonprofit entity, establish a National Adult Protective Services Resource Center (referred to in this subsection as the Center (2) The nonprofit entity awarded a grant or contract under this subsection shall have expertise in, and representation by, State and local adult protective services programs. (3) The Center shall— (A) collect and disseminate information regarding, and increase public awareness of, the role of adult protective services programs in investigating the abuse, neglect (including self-neglect), and exploitation of vulnerable adults, including home care consumers and residents of long-term care facilities, and in intervening to protect the consumers and residents from abuse; (B) develop, distribute, and provide training and technical assistance for adult protective services program investigators and supervisors investigating the abuse, neglect (including self-neglect), and exploitation of vulnerable adults, including home care consumers and residents of long-term care facilities, and intervening to protect the consumers and residents from further abuse; (C) develop, distribute, and provide training to home care and long-term care professionals and others on recognizing, reporting (including regarding mandatory reporting requirements), and responding to the abuse, neglect (including self-neglect), and financial exploitation of vulnerable adults, including home care consumers and residents of long-term care facilities; (D) compile and disseminate reports on research and best practices for adult protective services programs and other programs on effective responses to the abuse, neglect (including self-neglect), and exploitation of vulnerable adults, including home care consumers and residents of long-term care facilities; (E) work with the National Ombudsman Resource Center and long-term care ombudsman programs to develop and disseminate training, practice standards, and policies regarding— (i) the roles and responsibilities of adult protective services and ombudsman programs; (ii) confidentiality and abuse reporting issues and protocols; and (iii) effective ways to maximize the resources of adult protective services programs for the benefit of home care consumers and residents of long-term care facilities; and (F) establish a data system to collect information on the abuse, neglect (including self-neglect), and exploitation of home care consumers and residents of long-term care facilities and to measure the effectiveness of the activities carried out by the Center. (4) Not later than 18 months after the date of enactment of the Elder Protection and Abuse Prevention Act (A) collect and analyze, from leading national and State experts, the best practices related to screening for elder abuse; (B) publish a report that describes recommendations regarding such best practices and disseminate such report to all grantees under programs established under this Act and described under this section; and (C) submit to Congress such report and a description of the dissemination activities under subparagraph (B). (5) In this subsection, the term home care consumer 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. . (b) Authorization of appropriations Section 216 of the Older Americans Act is amended by adding at the end the following: (d) National Adult Protective Services Resource Center There are authorized to be appropriated to carry out section 201(h) (relating to the National Adult Protective Services Resource Center), such sums as may be necessary for fiscal years 2014, 2015, 2016, 2017, and 2018. . 6. Inclusion of adult protective services programs in congressional reports Section 207(b)(1)(C) of the Older Americans Act of 1965 ( 42 U.S.C. 3018(b)(1)(C) and the adult protective services programs of the States of the States 7. Prevention, assessment, and response to elder abuse (a) Preferences Section 305(a)(2)(E) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(2)(E) older individuals who are or are alleged victims of elder abuse, neglect, or exploitation, proficiency, (b) Area plans Section 306 of the Older Americans Act of 1965 ( 42 U.S.C. 3026 (1) in subsection (a)(6)— (A) in subparagraph (G), by inserting and (B) by adding at the end the following: (H) (i) in coordination with the State agency and with the State agency responsible for elder abuse prevention services, increase public awareness of elder abuse and financial exploitation, remove barriers to elder abuse education, prevention, investigation, and treatment; (ii) coordinate elder justice activities (including screenings) provided by the area agency on aging, community health centers, other public agencies, and nonprofit private organizations; (iii) develop standardized, coordinated, and reporting protocols with respect to elder abuse; and (iv) report any instances of elder abuse in accordance with State law. ; and (2) in subsection (b)(3)— (A) in subparagraph (J), by striking and (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) protection from elder abuse, neglect, and financial exploitation; and . (c) State plans Section 307(a)(12) is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D); and (2) by inserting after subparagraph (A) the following: (B) that the State will develop and implement standardized protocols for screening and reporting with respect to elder abuse; . (d) Supportive services Section 321(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3030d(a) (1) in paragraph (1), by inserting elder abuse and neglect screening, mental health), (2) in paragraph (8), by inserting , elder abuse, and neglect mental health (3) in paragraph (23), by inserting , elder abuse, neglect, and financial exploitation mental health (e) Nutrition Section 339(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3030g–21(2) (1) in subparagraph (J), by striking , and (2) in subparagraph (K), by striking the period at the end and inserting , and (3) by adding at the end the following: (L) encourages individuals who distribute nutrition services under subpart 2 to distribute information on diabetes, elder abuse, neglect, financial exploitation, and the annual Medicare wellness exam. . 8. Abuse prevention education and training (a) Activities for health, independence, and longevity (1) Older individuals' protection from violence projects Section 413(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3032b(b) (A) in paragraph (3), by striking or (B) in paragraph (4), by striking the period at the end and inserting ; or (C) by adding at the end the following: (5) research and replicate successful models of elder abuse, neglect, and exploitation prevention and training. . (2) Demonstration, support, and research projects Section 417(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3032f(a)(1) (A) in subparagraph (A), by striking or (B) in subparagraph (B), by striking and or (C) by adding at the end the following: (C) engage volunteers who are older than 50 years of age in providing support and information to older adults (and their families or caretakers) who have experienced or are at risk of elder abuse, including physical, emotional, or financial abuse, neglect, or exploitation and; . (b) Community service senior opportunities Section 502(b)(1)(E) of the Older Americans Act of 1965 ( 42 U.S.C. 3056(b)(1)(E) , and for the health and safety of, and prevention and detection of elder abuse for, older adults families (c) Allotments for vulnerable elder rights protection activities (1) State plan requirements Section 705(a)(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3058d(a)(2) family caregivers, title VI, (2) State long-term care ombudsman program (A) Support of Office under the National Family Caregiver Support Program Section 373(g) of the Older Americans Act of 1965 (42 U.S.C. 3030s–1(g)) is amended by adding at the end the following: (3) Use of funds for ombudsman program Amounts made available to a State to carry out the State program under this subpart may be used to support the Office of the State Long-Term Care Ombudsman, including supporting the development of resident and family councils. . (B) Ensuring effective programs and residents' rights Section 712 of the Older Americans Act of 1965 ( 42 U.S.C. 3058g (k) Ensuring effective programs and residents' rights The State agency shall ensure the Office— (1) provides facility residents with private and unimpeded access to the Office, including access to all records concerning the resident; and (2) allows all facility residents to receive services from the Office. . (3) Prevention of elder abuse, neglect, and exploitation Section 721(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3058i(b) (A) by redesignating paragraphs (7), (8), (9), (10), (11), and (12), as paragraphs (8), (10), (11), (12), (13), and (14), respectively; (B) by striking paragraph (6) and inserting the following: (6) conducting specialized abuse sensitivity training for caregivers described in part E of title III; (7) conducting training for professionals and paraprofessionals in relevant fields on the identification, prevention, and treatment of elder abuse, neglect, and exploitation, with particular focus on prevention and enhancement of self-determination and autonomy; ; and (C) by inserting after paragraph (8), as redesignated by subparagraph (B), the following: (9) conducting appropriate training to ensure cultural sensitivity in the provision of elder rights services, including training in cultural issues associated with abuse; .

Elder Protection and Abuse Prevention Act

All-Of-The-Above Federal Building Energy Conservation Act of 2013 - Amends the National Energy Conservation Policy Act to extend energy performance requirements for federal buildings for each of FY2016-FY2020 (from a 33% reduction from 2003 energy consumption level for FY2015 to a 45% reduction for FY2020). Requires agencies to report to the Secretary of Energy (DOE) on buildings that carry out energy intensive activities and that are designated by the agency for exclusion from such requirements. Requires the Secretary to review the results of the implementation of such requirements by December 31, 2016, (currently, December 31, 2013). Authorizes the Secretary to amend or set such performance requirements for each of FY2018-FY2025 by a rule that: (1) requires a cost-benefit analysis and an opportunity for public comment, (2) establishes performance levels that are technically feasible and economically justifiable, and (3) considers any energy- and water-saving measures identified in energy and water evaluations. Requires designated facility energy managers to consider using a system to manage energy use at their facilities in accordance with the International Organization for Standardization standard numbered 50001 and entitled "Energy Management Systems." Establishes exemptions from energy and water evaluation requirements. Requires energy managers, as part of the web-based certification, to explain the reasons why any life-cycle cost effective measures identified in such evaluation were not implemented. Requires the Secretary to make available a report that summarizes information tracked under such certification. Amends the Energy Conservation and Production Act to revise the definition of "federal building" to include buildings altered by federal agencies, and to define "major renovation," for purposes of such Act. Requires the Secretary to establish revised federal building energy efficiency performance standards after the approval of revisions of ASHRAE Standard 90.1 or the International Energy Conservation Code (IECC) to meet or exceed such revisions, including requiring, unless new or renovated federal buildings are demonstrated not to be life-cycle cost effective: (1) such buildings to be designed to achieve energy consumption levels that are at least 30% below the levels established in the ASHRAE Standard or the IECC, and (2) no less than 30% of the hot water demand for each new building or building undergoing a major renovation to be met through the installation and use of solar hot water heaters. Repeals: (1) a standard on fossil fuel-generated energy use in federal buildings, and (2) a requirement for the Secretary to review federal building energy standards every five years.

113 S1020 IS: All-Of-The-Above Federal Building Energy Conservation Act of 2013 U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1020 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Hoeven Mr. Manchin Committee on Environment and Public Works A BILL To improve energy performance in Federal buildings, and for other purposes. 1. Short title This Act may be cited as the All-Of-The-Above Federal Building Energy Conservation Act of 2013 2. Energy performance requirement for Federal buildings Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(a) (1) by striking subsection (a) and inserting the following: (a) Energy performance requirement for Federal buildings (1) Requirement Subject to paragraph (2), each agency shall apply energy conservation measures to, and shall improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in fiscal years 2006 through 2020 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2003, by the percentage specified in the following table: Percentage Fiscal Year Reduction 2006 2 2007 4 2008 9 2009 12 2010 15 2011 18 2012 21 2013 24 2014 27 2015 30 2016 33 2017 36 2018 39 2019 42 2020 45. (2) Exclusion for buildings with energy intensive activities (A) In general An agency may exclude from the requirements of paragraph (1) any building (including the associated energy consumption and gross square footage) in which energy intensive activities are carried out. (B) Reports Each agency shall identify and list in each report made under section 548(a) the buildings designated by the agency for exclusion under subparagraph (A). (3) Review Not later than December 31, 2016, the Secretary shall review the results of the implementation of the energy performance requirements established under paragraph (1). (4) Subsequent fiscal years The Secretary may amend or set energy performance requirements for Federal buildings for each of fiscal years 2018 through 2025 by a rule that— (A) includes cost-benefit analysis and an opportunity for public comment; (B) establishes levels that are technically feasible and economically justifiable; and (C) considers any energy- and water-saving measures identified in evaluations conducted under subsection (f)(3). ; and (2) in subsection (f)— (A) in paragraph (1)— (i) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and (ii) by inserting after subparagraph (D) the following: (E) Ongoing commissioning The term ongoing commissioning ; (B) in paragraph (2), by adding at the end the following: (C) Energy management system An energy manager designated under subparagraph (A) shall consider use of a system to manage energy use at the facility and certification of the facility in accordance with the International Organization for Standardization standard numbered 50001 and entitled Energy Management Systems ; (C) by striking paragraphs (3) and (4) and inserting the following: (3) Energy and water evaluations and commissioning (A) Evaluations Except as provided in subparagraph (B), effective beginning on the date that is 180 days after the date of enactment of the All-Of-The-Above Federal Building Energy Conservation Act of 2013, and annually thereafter, each energy manager shall complete, for each calendar year, a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately 25 percent of the facilities of each agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation of each facility is completed at least once every 4 years. (B) Exceptions An evaluation and recommissioning shall not be required under subparagraph (A) with respect to a facility that— (i) has had a comprehensive energy and water evaluation during the 8-year period preceding the date of the evaluation; (ii) (I) has been commissioned, recommissioned, or retrocommissioned during the 10-year period preceding the date of the evaluation; or (II) is under ongoing commissioning; (iii) has not had a major change in function or use since the previous evaluation and commissioning; (iv) has been benchmarked with public disclosure under paragraph (8) within the year preceding the evaluation; and (v) (I) based on the benchmarking, has achieved at a facility level the most recent cumulative energy savings target under subsection (a) compared to the earlier of— (aa) the date of the most recent evaluation; or (bb) the date— (AA) of the most recent commissioning, recommissioning, or retrocommissioning; or (BB) on which ongoing commissioning began; or (II) has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause (I). (4) Implementation of identified energy and water efficiency measures (A) In general Not later than 2 years after the date of completion of each evaluation under paragraph (3), each energy manager may— (i) implement any energy- or water-saving measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life-cycle cost effective; and (ii) bundle individual measures of varying paybacks together into combined projects. (B) Measures not implemented The energy manager shall, as part of the certification system under paragraph (7), explain the reasons why any life-cycle cost effective measures were not implemented under subparagraph (A) using guidelines developed by the Secretary. ; and (D) in paragraph (7)(C), by adding at the end the following: (iii) Summary report The Secretary shall make available a report that summarizes the information tracked under subparagraph (B)(i) by each agency and, as applicable, by each type of measure. . 3. Federal building energy efficiency performance standards; certification system and level for green buildings (a) Definitions Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 (1) in paragraph (6), by striking to be constructed constructed or altered (2) by adding at the end the following: (17) Major renovation The term major renovation . (b) Federal Building Efficiency Standards Section 305 of the Energy Conservation and Production Act ( 42 U.S.C. 6834 (1) in subsection (a)(3)— (A) strike (3)(A) Not later than (3) Revised Federal building energy efficiency performance standards; certification for green buildings (A) Revised federal building energy efficiency performance standards (i) In general Not later than 1 year after the date of enactment of the All-Of-The-Above Federal Building Energy Conservation Act of 2013 and after the date of approval of each subsequent revision of ASHRAE Standard 90.1 or the International Energy Conservation Code, as appropriate, the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that— (I) new Federal buildings and alterations and additions to existing Federal buildings— (aa) meet or exceed the most recent revision of the International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1 (in the case of commercial buildings) that the Secretary determines saves energy compared to previous versions of the Code or Standard; and (bb) meet or exceed the energy provisions of State and local building codes applicable to the building, if the codes are more stringent than the International Energy Conservation Code or ASHRAE Standard 90.1, as applicable; (II) unless demonstrated not to be life-cycle cost effective for new Federal buildings and Federal buildings with major renovations— (aa) the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, that is applied under clause (i); and (bb) sustainable design principles are applied to the siting, design, and construction of all new Federal buildings and replacement Federal buildings; (III) if water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost effective; and (IV) if life-cycle cost effective, as compared to other reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal building or Federal building undergoing a major renovation be met through the installation and use of solar hot water heaters. (ii) Limitation Clause (i)(I) shall not apply to unaltered portions of existing Federal buildings and systems that have been added to or altered. ; (B) in subparagraph (C), by striking (C) In the budget request (B) Budget request In the budget request ; and (C) in subparagraph (D)— (i) by striking clause (D) Not later than (C) Certification for green buildings (i) In general ; (ii) by striking clause (ii); (iii) in clause (iii), by striking (iii) In identifying (ii) Considerations In identifying ; (iv) in clause (iv)— (I) by striking (iv) At least once (iii) Study At least once ; and (II) by striking clause (iii) clause (ii) (v) in clause (v)— (I) by striking (v) The Secretary may (iv) Internal certification processes The Secretary may ; and (II) by striking clause (i)(III) clause (i) (vi) in clause (vi)— (I) by striking (vi) With respect (v) Privatized military housing With respect ; and (II) by striking develop alternative criteria to those established by subclauses (I) and (III) of clause (i) that achieve an equivalent result in terms of energy savings, sustainable design, and develop alternative certification systems and levels than the systems and levels identified under clause (i) that achieve an equivalent result in terms of (vii) in clause (vii), by striking (vii) In addition to (vi) Water conservation technologies In addition to ; and (2) by striking subsections (c) and (d).

All-Of-The-Above Federal Building Energy Conservation Act of 2013

Next Generation Cooperative Threat Reduction Act of 2013 - Directs the President to establish a multi-year comprehensive regional assistance strategy to coordinate and advance the Cooperative Threat Reduction program (CTR) and related nonproliferation efforts in the Middle East and North Africa (MENA CTR and Nonproliferation Strategy). Authorizes FY2014-FY2019 appropriations for the relevant executive agencies to implement such Strategy. Directs the President to report to Congress regarding: (1) CTR and related non-proliferation activities in the Middle East and North Africa over the previous five years; (2) U.S. objectives and policies with respect to the upcoming 2014 Nuclear Security Summit in the Netherlands, to be followed by a report detailing Summit outcomes and the extent to which the United States was able to accomplish such objectives and policies.

113 S1021 IS: Next Generation Cooperative Threat Reduction Act of 2013 U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1021 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mrs. Shaheen Committee on Foreign Relations A BILL To provide for a Next Generation Cooperative Threat Reduction Strategy, and for other purposes. 1. Short title This Act may be cited as the Next Generation Cooperative Threat Reduction Act of 2013 2. Findings Congress makes the following findings: (1) The United States nonproliferation and threat reduction assistance program known as the Cooperative Threat Reduction (CTR) Program is one of the most successful congressionally led United States foreign policy initiatives in the post-Cold War era. (2) The CTR Program was initiated by the United States Congress in legislation introduced by Senators Sam Nunn (D–GA) and Dick Lugar (R–IN) in 1991. (3) The initial purpose of the Nunn-Lugar CTR Program was to dismantle and prevent proliferation of nuclear, chemical, and biological weapons of mass destruction (WMD) and their associated infrastructure in the independent states of the former Soviet Union and to prevent the transfer of weapons of mass destruction knowledge to other countries. (4) As of February 28, 2013, the Nunn-Lugar CTR Program has— (A) deactivated 13,300 nuclear warheads; (B) destroyed 1,473 intercontinental ballistic missiles (ICBMs); (C) eliminated 831 ICBM silos; (D) destroyed 442 ICBM mobile launchers; (E) eliminated 233 bombers; (F) eliminated 906 nuclear capable air-to-surface missiles; (G) destroyed 728 submarine launched ballistic missile (SLBM) launchers; (H) eliminated 936 SLBMs; (I) destroyed 48 ballistic missile submarines; (J) sealed 194 nuclear test tunnels and holes; and (K) destroyed 39,986 metric tons of chemical weapon agent. (5) Due to the Nunn-Lugar CTR Program, Ukraine, Kazakhstan, and Belarus are nuclear weapons free and Albania is chemical weapons free. (6) The Nunn-Lugar CTR Program is based on the premise that governments have a responsibility and a mutual interest in working together to reduce the threat posed by nuclear, chemical, and biological weapons and their associated infrastructure and know-how. (7) Though the Nunn-Lugar CTR Program was initially focused on the independent states of the former Soviet Union, the threat represented by the proliferation of nuclear, chemical, and biological WMD-related materials, infrastructure, and know-how extends well beyond the borders of these states. (8) The threat posed by WMD-related proliferation is increasingly prevalent in the Middle East and North Africa (MENA), where political instability and deeply rooted violent extremism contribute to an already dangerous threat to the United States and some of its strongest allies. (9) Terrorist organizations, including core al Qaeda, al Qaeda in the Islamic Maghreb, al Qaeda in Iraq, al Qaeda in the Arabian Peninsula, Hezbollah, Hamas, and their extremist supporters continue to operate in the MENA region and have sought or may seek to attempt to secure WMD materials or know-how. (10) The Government of Iran’s continued illicit development of its nuclear program and its movement towards an advanced nuclear weapons capability could lead to a nuclear arms race in the region. (11) The Iranian regime’s continued support for and association with terrorist organizations in the region, including Hamas and Hezbollah, pose a significant and growing proliferation challenge for the entire global community. (12) Continued upheaval and violence in Syria and the threat of the Assad regime’s substantial chemical weapons stockpile being used or falling into the wrong hands also pose a significant and immediate WMD-related proliferation challenge to the entire global community. (13) United Nations Security Council Resolution (UNSCR) 1540 (2004) binds all United Nations members to adopt and enforce effective controls to prevent the proliferation of WMD, their means of delivery, and the illicit spread of related materials; yet countries in the Middle East and North Africa have a relatively weak record of implementation of UNSCR 1540. (14) The MENA region continues to experience significant political instability and sits atop a complex web of ethnic differences, a history of violence and extremism, robust military capabilities, a growing collection of unsecured weapons, and a variety of unstable governments. (15) The Arab Spring and the continued revolutions across the MENA region represent significant opportunities but also difficult challenges as the United States attempts to create new relationships with popularly elected governments that can be inexperienced in nonproliferation, counter-proliferation, or related security efforts. (16) A number of governments in this unstable region are considering the development of civilian nuclear power programs, including the Governments of the United Arab Emirates, Jordan, Saudi Arabia, and other countries. (17) As a result of these difficult challenges, the United States has a clear interest in preventing or minimizing the potential proliferation of WMD-related weapons, technologies, materials, and know-how in the MENA region. (18) Despite the threat of proliferation in the Middle East and North Africa, only a small percentage of United States CTR and nonproliferation-related assistance programs have been focused on the countries of this region. (19) Until 2003, Congress limited the use of Department of Defense (DOD) CTR funding to programs in the former Soviet Union. (20) Section 1308 of the National Defense Authorization Act for Fiscal Year 2004 ( 22 U.S.C. 5963 (21) In section 1306 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 413), Congress, for the first time, specifically authorized funding for longer-term CTR initiatives to address emerging security challenges and urgent threats in regions of the world beyond the independent states of the former Soviet Union, stipulating that CTR should be strengthened and expanded broader international cooperation and partnerships, programs and projects in … the Middle East (22) Section 1306 of the National Defense Authorization Act for Fiscal Year 2008 also mandated that the National Academy of Sciences conduct a study to analyze options for strengthening and expanding the CTR program (23) The congressionally mandated report from the National Academy of Sciences, Global Security Engagement: A New Model for Cooperative Threat Reduction, (A) encouraging and assisting with security and destruction of chemical weapons stockpiles; (B) providing chemical weapons detection and interdiction equipment and training; (C) providing training for parliamentarians and national technical advisors; (D) promoting chemical safety and security in the region; (E) promoting biological safety, security, and disease surveillance programs; (F) promoting implementation of UNSCR 1540; (G) promoting counter-trafficking obligations under UNSCR 1540; (H) strengthening export controls and border security, including maritime security; and (I) other cooperative programs aimed at stemming the proliferation of nuclear, chemical, and biological weapons of mass destruction technologies, materials, and know-how. (24) The Department of State, the Department of Energy, and the Department of Homeland Security support nonproliferation projects aimed at cooperatively preventing the proliferation of weapons of mass destruction in the Middle East and North Africa, including through— (A) the Department of State Nonproliferation and Disarmament Fund; (B) the Department of State Export Control and Related Border Security Program; (C) the Department of State Global Threat Reduction program; (D) the Department of Energy Second Line of Defense program; (E) the Department of Energy Global Initiatives to Prevent Proliferation program; (F) the Department of Energy Global Threat Reduction Initiative; (G) the Department of Homeland Security Container Security Initiative; and (H) the Department of Homeland Security Secure Freight Initiative. (25) These programs provide critical but small-scale support in combating proliferation challenges in the region, and they do not by themselves represent a robust, comprehensive, or whole-of-government approach to nonproliferation in the MENA region. (26) After extensive delays, near the end of 2012, the Executive Branch finally completed internal bureaucratic processes necessary to expand the Department of Defense CTR Program more extensively into the Middle East and the Department of Defense recently publicly announced its intention to apply fiscal year 2013 funds to help Syria’s neighbors counter the immediate threat posed by Syria’s chemical weapons. (27) The Department of Defense has also initiated a program with fiscal year 2013 funds to work with the Government of Libya to help the country meet its commitment to the Organisation for the Prohibition of Chemical Weapons by destroying its chemical weapons stockpile. (28) In addition to preventing proliferation of WMD across borders shared with Syria and destroying chemical weapons stockpiles in Libya, the Department of Defense has requested new funding to initiate bio-engagement programs in the Middle East in its fiscal year 2014 budget request. (29) There is an urgent need today to more sharply focus United States Government efforts and resources on WMD proliferation in the MENA region. (30) The United States Government needs a comprehensive regional strategy for nonproliferation activities in the Middle East and North Africa, which includes additional, targeted resources for cooperative threat reduction work in the region, and one that utilizes all of our diplomatic, intelligence, military, and public affairs tools in a coordinated and creative whole-of-government approach and leverages support from a wide variety of partners and donors, including foreign countries, nongovernmental organizations, international institutions, United States and foreign businesses, academic institutions, and other sectors. 3. Sense of Congress It is the sense of Congress that— (1) countries around the world have a continued interest in working together to reduce the threat posed by nuclear, chemical, and biological weapons, related technologies, materials, associated infrastructure, and know-how; (2) the United States Government, as a leader in the international community in curbing the threat posed by the proliferation of WMD-related weapons, technologies, materials, infrastructure, and know-how, has a national security interest in working with the countries of the Middle East and North Africa on establishing and developing robust nonproliferation capabilities in the region to effectively detect, interdict, deter, and defend against proliferation of WMD in the region; (3) the United States Government should continue to expand the Department of Defense CTR Program beyond the independent states of the former Soviet Union, to include the countries of the MENA region, provided that these programs complement already existing United States nonproliferation programs in this region and provided that Congress is properly informed of the long-term cooperative threat reduction and nonproliferation assistance strategy to be implemented; (4) Congress supports the initiation of CTR programs aimed at addressing the immediate threat of Syrian WMD-related proliferation in the region and the destruction of the chemical weapons stockpile in Libya and urges the United States Government to ensure sufficient funding for the continuation and expansion, if necessary, of these critical programs; (5) the United States Government should continue to strongly press all members of the United Nations, including the countries of the MENA region, to fully implement UNSCR1540, which imposes binding obligations on all United Nations member states to adopt and enforce effective controls to prevent the proliferation of weapons of mass destruction, their means of delivery, and the illicit spread of related materials, and the United States Government should provide for and develop cooperative assistance programs aimed at more expeditiously implementing those responsibilities and controls; (6) at a time of strained resources, the United States needs a comprehensive and effective, whole-of-government approach to global cooperative threat reduction and nonproliferation assistance programs that maintains the ability to provide assistance through both military and civilian channels, seeks to cancel unnecessary or ineffective programs, reduce and eliminate duplication or overlap, and that maximizes the efficiency and effectiveness of United States assistance; (7) the United States Government should seek increased and sustained financial and other support from Russia, the European Union and its member states, China, Japan, and other countries for stronger, standardized, and worldwide physical security for WMD-related weapons and materials as well as for other international nonproliferation efforts, particularly in the MENA region; (8) the United States Government should make clear that any states that provide WMD to terrorist groups or individuals will face severe and grave retaliation involving all elements of United States power; and (9) the United States Government should reassert and reinforce United States security commitments around the MENA region in order to assure allies that the pursuit of nuclear, chemical, or biological weapons or capabilities is not necessary or conducive to stability in this dangerous region. 4. Strategy to prevent the proliferation of weapons of mass destruction in the Middle East and North Africa (a) In general The President shall establish a multi-year comprehensive regional assistance strategy to coordinate and advance CTR and related nonproliferation efforts in the Middle East and North Africa (in this section referred to as the MENA CTR and Nonproliferation Strategy (b) Consultation In establishing the MENA CTR and Nonproliferation Strategy, the President shall consult with the appropriate congressional committees; relevant Federal departments and agencies, including the Departments of State, Defense, Energy, and Homeland Security; multilateral organizations; international institutions; representatives of civil society, including leading nongovernmental and other experts; and other entities that could assist in curbing the proliferation of nuclear, chemical, or biological weapons, weapons components, weapons-related materials, their associated delivery vehicles, and know-how. (c) Elements The strategy required by subsection (a) shall include the following elements: (1) A commitment to utilizing and building upon the cooperative model of success demonstrated by the last two decades of the Nunn-Lugar CTR Program in the independent states of the former Soviet Union. (2) A commitment to approach Middle East and North Africa nonproliferation issues on a regional basis as well as on a country-by-country basis. (3) The expansion of current CTR and other nonproliferation assistance programs in the MENA region and the initiation of new programs with new partner countries in the region as appropriate. (4) Planning to ensure that countries receiving such assistance in the Middle East and North Africa countries have an appropriate stake in the development of each country-specific strategy and are also contributing financially to the effort with an appropriate level of burden-sharing. (5) A plan to more fully engage, leverage, and increase assistance, financing, and other support from partners in the international community for CTR and nonproliferation assistance programs in the Middle East and North Africa, which may include— (A) governments of other countries, including Russia, Japan, China, Turkey, and others with an interest in a safe, secure, and stable MENA region; (B) the European Union, including the European Council, the European Commission, the European Parliament, and the associated member states of the European Union; (C) the North Atlantic Treaty Organization and its member states; (D) international institutions, including the United Nations, the International Atomic Energy Agency, and others; (E) international donors, including philanthropists, foundations, and businesses interested in international nonproliferation efforts; (F) multilateral partnerships, like the Group of Eight or the Group of Twenty; (G) Middle East and North African regional institutions, including the Gulf Cooperation Council and the Arab Atomic Energy Agency; or (H) well-respected and prominent international nonprofit and nongovernmental organizations such as the Nuclear Threat Initiative. (d) Activities supported Assistance authorized under subsection (g) in support of the MENA CTR and Nonproliferation Strategy may be made available for programs and activities to address the challenges posed by the proliferation of nuclear, chemical or biological weapons, weapons components, weapons-related materials, and their delivery vehicles, in the MENA region, including innovative new assistance programs with new partner countries in the region. (e) Coordination (1) In general Assistance authorized under subsection (g) in support of the MENA CTR and Nonproliferation Strategy shall be integrated with pre-existing CTR and nonproliferation programs, and such assistance shall be coordinated between the relevant United States Government agencies involved with CTR or nonproliferation programming in the Middle East and North Africa. (2) Scope Integration and coordination of the Middle East and North Africa CTR and Nonproliferation Strategy required under subsection (a) should be the responsibility of the President and shall include— (A) an assessment to address where potential gaps in assistance may exist while also ensuring the elimination or reduction of any potential overlap or duplication in efforts; (B) the establishment of appropriate metrics for determining success in the MENA region, as well as metrics for prioritizing potential partner countries under consideration for Middle East and North Africa CTR and nonproliferation programs; (C) an effort to ensure that the MENA CTR and Nonproliferation Strategy fits in the broader United States Government-wide global WMD threat reduction strategy and that assistance is properly aligned with United States policy goals in the MENA region; (D) a formal plan to ensure the sustainability of coordination in the long term, irrespective of the President and other officials in office or personalities in place, including clear designations of agency and departmental responsibilities, accountability, and lines of communication and authorities; (E) a description of ways to reduce the potential for stove-piping of information, intelligence, and activities between counterterrorism and counterproliferation programming; and (F) a plan to ensure the proper tracking and reporting of United States Government-wide assistance in the MENA region. (f) Reports (1) Initial report Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress the strategy outlined in subsection (a). (2) Annual report Annually thereafter, the President shall submit to Congress a report, in classified and unclassified form, that describes the progress made by the President in implementing the MENA CTR and Nonproliferation Strategy, which should include a list of the activities and countries supported by the MENA CTR and Nonproliferation Strategy, the agencies and assistance levels utilized to implement the strategy, and the extent to which specific program goals, progress, and milestones have been achieved over the course of the prior year. (g) Assistance authorized There is authorized to be appropriated not less than $30,000,000 for each of fiscal years 2014 through 2019 to be utilized by the relevant executive agencies, including the Department of Defense, the Department of State, and the Department of Energy, to implement the strategy outlined in subsection (a). 5. Report on CTR and nonproliferation efforts in the Middle East and North Africa Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report detailing all current CTR and related non-proliferation activities in the MENA region over the previous five years and all United States Government funding contributed across each of the Federal agencies in support of CTR and related nonproliferation activities in the MENA region during that time period, including the amount contributed, the identity of the entity receiving such contribution and undertaking each funded activity, the agency providing the contribution, a brief summary of each specific project undertaken, the specific nonproliferation objectives sought to be achieved by each project, and the extent to which the objectives have been achieved. 6. Reports on 2014 Nuclear Security Summit in the Netherlands (a) Report on comprehensive objectives, strategies, and policies in the lead-Up to the 2014 Nuclear Security Summit in the Netherlands The President shall submit to Congress a report, in classified and unclassified forms, that details the comprehensive objectives, strategy, and policies of the United States with respect to the upcoming 2014 Nuclear Security Summit in the Netherlands, not later than 30 days prior to the Summit. (b) Follow-Up report on outcomes from the 2014 Nuclear Security Summit in the Netherlands Not later than 90 days after the conclusion of the 2014 Nuclear Security Summit in the Netherlands, the President shall submit to Congress a report, in classified and unclassified forms, detailing the outcomes of the Summit and the extent to which the United States Government was able to accomplish the objectives, strategies and policies detailed pursuant to subsection (a). 7. Definitions In this Act: (1) Middle East and North Africa The term Middle East and North Africa (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Energy and Commerce of the House of Representatives.

Next Generation Cooperative Threat Reduction Act of 2013

Global Investment in American Jobs Act of 2013 - Expresses the sense of Congress that: (1) U.S. ability to attract foreign direct investment is directly linked to U.S. long-term economic prosperity, global competitiveness, and security; (2) it should be mindful of the potential impact upon the U.S. ability to attract foreign direct investment when evaluating proposed legislation; (3) it is a top national priority to enhance U.S. competitiveness, prosperity, and security by removing unnecessary barriers to foreign direct investment and the U.S. jobs it creates and promoting policies to ensure the United States remains the premier global destination in which to invest, hire, innovate, and manufacture products; (4) maintaining the U.S. commitment to open investment policy encourages other countries to do the same and enables the United States to open new markets abroad for U.S. companies and their products; and (5) U.S. policies regarding foreign direct investment should reflect national security interests and should not disadvantage domestic investors or companies. Directs the Secretary of Commerce to conduct an interagency review of the U.S. global competitiveness in attracting foreign direct investment and report to Congress recommendations for making the United States more competitive in attracting foreign direct investment without undermining fundamental domestic labor, consumer, or environmental protections.

113 S1023 IS: Global Investment in American Jobs Act of 2013 U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1023 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Corker Ms. Klobuchar Mr. Blunt Mrs. Hagan Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Commerce, in coordination with the heads of other relevant Federal departments and agencies, to conduct an interagency review of and report on ways to increase the competitiveness of the United States in attracting foreign direct investment. 1. Short title This Act may be cited as the Global Investment in American Jobs Act of 2013 2. Findings Congress finds the following: (1) It remains an urgent national priority to improve economic growth and create new jobs. (2) National security requires economic strength and global engagement. (3) Businesses today have a wide array of choices when considering where to invest, expand, or establish new operations. (4) Administrations of both parties have consistently reaffirmed the need to maintain an open investment climate as a key to domestic economic prosperity and security. (5) The United States has historically been the largest worldwide recipient of foreign direct investment but has seen its share decline in recent years. (6) The United States faces increasing competition from other countries as they work to recruit investment from global companies. (7) Foreign direct investment can benefit the economy and workforce of every State and Commonwealth in the United States. (8) According to the latest Federal statistics, the United States subsidiaries of companies headquartered abroad contribute to the United States economy in a variety of important ways, including by— (A) providing jobs for nearly 5,600,000 people in the United States with compensation that is often higher than the national private-sector average, as many of these jobs are in high-skilled, high-paying industries; (B) strengthening the United States industrial base and employing nearly 15 percent of the United States manufacturing sector workforce; (C) establishing operations in the United States from which to sell goods and services around the world, thereby producing nearly 18 percent of United States exports; (D) promoting innovation with more than $41,000,000,000 in annual United States research and development activities; (E) paying nearly 14 percent of United States corporate income taxes; and (F) purchasing goods and services from local suppliers and small businesses, worth hundreds of billions of dollars annually. (9) These companies account for 5.8 percent of United States private sector Gross Domestic Product (GDP). (10) The Department of Commerce and the Department of State have initiatives in place to increase foreign direct investment. (11) President Barack Obama issued a statement in 2011 reaffirming the longstanding open investment policy of the United States and encouraged all countries to pursue such a policy. (12) President Obama signed an Executive order in 2011 to establish the SelectUSA initiative and expanded its resources and activities in 2012, aimed at promoting greater levels of business investment in the United States. (13) The President’s Council on Jobs and Competitiveness in 2011 recommended the establishment of a National Investment Initiative to attract $1,000,000,000,000 in foreign direct investment over five years. 3. Sense of congress It is the sense of Congress that— (1) the ability of the United States to attract foreign direct investment is directly linked to the long-term economic prosperity, global competitiveness, and security of the United States; (2) in order to remain the most attractive location for foreign direct investment, Congress should be mindful of the potential impact upon the ability of the United States to attract foreign direct investment when evaluating proposed legislation; (3) it is a top national priority to enhance the competitiveness, prosperity, and security of the United States by— (A) removing unnecessary barriers to foreign direct investment and the jobs that it creates throughout the United States; and (B) promoting policies to ensure the United States remains the premier global destination in which to invest, hire, innovate, and manufacture their products; (4) maintaining the United States commitment to open investment policy encourages other countries to do the same and enables the United States to open new markets abroad for United States companies and their products; and (5) while foreign direct investment can enhance the economic strength of the United States, policies regarding foreign direct investment should reflect national security interests and should not disadvantage domestic investors or companies. 4. Foreign direct investment review (a) Review The Secretary of Commerce, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant Federal departments and agencies, shall conduct an interagency review of the global competitiveness of the United States in attracting foreign direct investment. (b) Specific matters To be included The review conducted pursuant to subsection (a) shall include a review of— (1) the current economic impact of foreign direct investment in the United States, with particular focus on manufacturing, research and development, trade, and jobs; (2) trends in global cross-border investment flows, including an assessment of the current United States competitive position as an investment location for companies headquartered abroad; (3) Federal Government policies that are closely linked to the ability of the United States to attract and retain foreign direct investment; (4) ongoing Federal Government efforts to improve the investment climate, reduce investment barriers, and facilitate greater levels of foreign direct investment in the United States; (5) innovative and noteworthy State, regional, and local government initiatives to attract foreign investment; and (6) initiatives by other countries in order to identify best practices for increasing global competitiveness in attracting foreign direct investment. (c) Limitation The review conducted pursuant to subsection (a) shall not address laws and policies relating to the Committee on Foreign Investment in the United States. (d) Public comment Prior to— (1) conducting the review under subsection (a), the Secretary shall publish notice of the review in the Federal Register and shall provide an opportunity for public comment on the matters to be covered by the review; and (2) reporting pursuant to subsection (e), the Secretary shall publish the proposed findings and recommendations to Congress in the Federal Register and shall provide an opportunity for public comment. (e) Report to congress Not later than one year after the date of the enactment of this Act, the Secretary of Commerce, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant Federal departments and agencies, shall report to Congress the findings of the review required under subsection (a) and submit recommendations to make the United States more competitive in attracting foreign direct investment without undermining fundamental domestic labor, consumer, or environmental protections.

Global Investment in American Jobs Act of 2013

Virginia Outer Continental Shelf Energy Production Act of 2013 - Directs the Secretary of the Interior (Secretary) to include within the schedule of proposed federal lease sales in the outer Continental Shelf leasing program for FY2012-FY2017 Lease Sale 220 (covering wind or alternative and renewable energy as well as oil or gas exploration) and any areas off the coast of Virginia included in the Mid-Atlantic planning area as a result of a revision to a specified map under this Act. Requires the Secretary to make any tract unavailable for lease within the schedule if the President determines that the lease would conflict with military operations relating to national security. Requires the Secretary of the Treasury to deposit: (1) 50% of qualified revenues in the general fund of the Treasury, and (2) 50% in a special account for disbursement to Virginia and for designated state activities. Directs the Secretary to revise a certain Bureau of Ocean Energy Management, Regulation and Enforcement map to ensure that the square footage of the leasable area in the Mid-Atlantic planning area is directly proportional to the length of the tidal shoreline of the Mid-Atlantic States.

113 S1024 IS: Virginia Outer Continental Shelf Energy Production Act of 2013 U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1024 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Warner Mr. Kaine Committee on Energy and Natural Resources A BILL To provide for the inclusion of Lease Sale 220 in the outer Continental Shelf leasing program for fiscal years 2012–2017, to revise the map for the Mid-Atlantic planning area, and for other purposes. 1. Short title This Act may be cited as the Virginia Outer Continental Shelf Energy Production Act of 2013 2. Definitions In this Act: (1) Lease sale 220 The term Lease Sale 220 (2) Qualified revenues The term qualified revenues (3) Secretary The term Secretary (4) State The term State 3. Outer continental shelf energy leases off the coast of the State of Virginia (a) Authorization of lease sales In carrying out the outer Continental Shelf leasing program for fiscal years 2012–2017 prepared under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary shall— (1) include in the schedule of proposed lease sales— (A) Lease Sale 220; and (B) any areas off the coast of the State that are included in the Mid-Atlantic planning area as a result of the revision to the map under section 4(b); and (2) provide that the Secretary shall not make any tract available for lease under paragraph (1) if the President, in consultation with the Committees on Armed Services of the Senate and the House of Representatives, determines that the lease of that tract would conflict with military operations relating to national security. (b) Disposition of revenues (1) In general Notwithstanding section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 (A) 50 percent of any qualified revenues in the general fund of the Treasury; and (B) 50 percent of any qualified revenues in a special account in the Treasury to be used for the purposes described in paragraph (2). (2) Disposition of revenues to State Of the qualified revenues described in paragraph (1)(B)— (A) 75 percent shall be disbursed to the State; and (B) 25 percent shall be used, at the discretion of the President— (i) to enhance State land and water conservation efforts; (ii) to improve State public transportation projects; and (iii) to establish State alternative and renewable energy systems. 4. Revised map of the mid-atlantic planning area (a) Definition of mid-Atlantic state In this section, the term Mid-Atlantic State (b) Revision of map Subject to subsection (c), the Secretary shall revise the Bureau of Ocean Energy Management, Regulation and Enforcement map entitled Atlantic NAD 83 Federal Outer Continental Shelf (OCS) Administrative Boundaries The Coastline of the United States (c) Limitation Nothing in this section affects the boundary of Lease Sale 220.

Virginia Outer Continental Shelf Energy Production Act of 2013

Helping Communities Rebuild After Deadly School Shootings and Other Traumatic Events Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies (LEAs) to fund certain actions they deem necessary to improve the learning environment at a school that has experienced a violent or traumatic crisis on campus. Requires LEAs to use that grant to: (1) acquire real property; (2) construct new facilities; or (3) renovate, repair, or alter existing facilities for an elementary and secondary school that has experienced such a crisis. Prohibits the grant from covering more than 50% of an LEA's cost in taking such actions.

113 S1025 IS: Helping Communities Rebuild After Deadly School Shootings and Other Traumatic Events Act U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1025 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Murphy Mr. Blumenthal Committee on Health, Education, Labor, and Pensions A BILL To provide financial assistance for school construction after a violent or traumatic crisis. 1. Short title This Act may be cited as the Helping Communities Rebuild After Deadly School Shootings and Other Traumatic Events Act 2. Grant Authority for school construction Section 4121 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7131 (1) in subsection (a)— (A) by redesignating paragraph (9) as paragraph (10); (B) in paragraph (8), by striking and (C) by inserting after paragraph (8) the following: (9) from the funds appropriated under subsection (c), and notwithstanding section 4154(1), the provision of financial assistance (not to exceed 50 percent of the total cost specified in the application) for a local educational agency that has an application approved by the Secretary and serves a school in which the learning environment has been disrupted due to a violent or traumatic crisis that took place on the school campus, to enable such local educational agency to carry out— (A) the acquisition (by purchase, lease, donation, or otherwise) of an interest in improved or unimproved real property that the local educational agency deems necessary to commence or continue an appropriate learning environment in a public elementary or secondary school, as a result of damage incurred by a violent or traumatic crisis; and (B) the construction of new facilities, or the renovation, repair, or alteration of existing facilities, that the local educational agency deems necessary to commence or continue an appropriate learning environment in a public elementary or secondary school, as a result of damage incurred by a violent or traumatic crisis; and ; and (2) by adding at the end the following: (c) Authorization of Appropriations There are authorized to be appropriated to carry out the activities described in subsection (a)(9) such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. Funds made available to carry out subsection (a)(9) shall remain available until expended. .

Helping Communities Rebuild After Deadly School Shootings and Other Traumatic Events Act

Return to Work Act of 2013 - Authorizes the Secretary of Labor, acting through the Job Accommodation Network, to promote awareness and assistance among employers to enable survivors of stroke to return to work.

113 S1026 IS: Return to Work Act of 2013 U.S. Senate 2013-05-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1026 IN THE SENATE OF THE UNITED STATES May 22, 2013 Mr. Kirk Committee on Health, Education, Labor, and Pensions A BILL To assist survivors of stroke in returning to work. 1. Short title This Act may be cited as the Return to Work Act of 2013 2. Assisting stroke survivors in returning to work The Secretary of Labor, acting through the Job Accommodation Network, may promote awareness and assistance among employers to enable survivors of stroke to return to work.

Return to Work Act of 2013

Older Americans Act Amendments of 2013 - Reauthorizes the Older Americans Act of 1965 (OAA) and funding for its programs for FY2014-FY2018. Revises OAA to include lesbian, gay, bisexual, and transgendered (LGBT) individuals, HIV-positive individuals, individuals with Alzheimer's disease, veterans, and Holocaust survivors, among others, within the status of greatest social need caused by noneconomic factors. Requires the Director of the Office of Long-Term Care Ombudsman Programs (in the Administration on Aging [AOA] of the Department of Health and Human Services [HHS]) to collect, analyze, and report on best practices related to screening for elder abuse. Requires the Assistant Secretary for Aging of the AOA to assist states with the development of the Home Care Consumer Bill of Rights and Plan for Enforcement (required by this Act). Requires the AOA to work with the Health Resources and Services Administration (HRSA) and the Secretary of Labor to identify and address personnel shortages in the field of aging. Establishes an Advisory Committee to Assess, Coordinate, and Improve Legal Assistance Activities to study the legal services activities assistance system for older individuals. Requires the Secretary of Labor, through the Bureau of Labor Statistics (BLS), to revise, improve, and report to Congress on the Experimental Price Index for the Elderly (CPI-E). Amends OAA to express the sense of the Senate that the amount appropriated under OAA for FY2014 and each subsequent year should be at least $2.675 billion (reflecting a 12% increase over FY2010 levels). Authorizes states to enter into cooperative arrangements with Federally Qualified Health Centers for services for the elderly. Reauthorizes appropriations for FY2014-FY2018 for supportive services, congregate nutrition services, home-delivered nutrition services, disease prevention and health promotion services, and family caregiver support. Requires area agencies on aging (AAAs) to develop area plans that provide for modernization of multipurpose senior centers, including a plan to use the skills and services of older adults in paid and unpaid work at such centers. Requires AAA area plans also to: (1) include evidence-based behavioral health services, chronic self-care management programs, and falls prevention programs; (2) describe efforts to increase public awareness of elder abuse, neglect, and exploitation; and (3) describe outreach efforts to veterans and coordination of services under OAA with those provided by the Department of Veterans Affairs (VA). Requires a state plan, among other things, to: (1) assure an adequately funded State Long-Term Care Ombudsman programprovided with adequate funding; and (2) provide legal assistance through an integrated legal assistance delivery system; and (3) describe efforts for outreach to veterans eligible for OAA services under the Act. Increases from 185% to 200% of the poverty line the self-declared income level of individuals who may be solicited for voluntary contributions for certain services they receive. Includes among supportive services covered by grants to states evidence-based chronic condition self-care management, evidence-based falls prevention programs, screening for elder abuse and neglect, and falls prevention screening. Requires the meals provided under a state nutrition project to be adjusted and appropriately funded, to the maximum extent practicable, to meet any special health-related or other dietary needs of program participants, including needs based on religious, cultural, or ethnic requirements. Declares that older adults should receive the clinical preventive services covered under title XVIII (Medicare) of the Social Security Act. Revises caregiver and care recipient requirements for the National Family Caregiver Support Program. Authorizes the Assistant Secretary to make grants to states to assess the needs of family caregivers for targeted support services. Requires the services of AAAs or AAA contractors to include Ombudsman efforts to support family and caregiver councils in long-term care facilities, as well as facilitate and support the State Long-Term Care Ombudsman program. Directs the Assistant Secretary to award grants to carry out or establish: (1) projects to support and promote modern multipurpose senior center models which yield multiservice, multigenerational centers for older individuals, their families, and others to gain needed skills, resources, and connections for continuum of care and quality of life; and (2) a demonstration program on care coordination and service delivery redesign for older individuals with chronic illness or at risk of institutional placement. Directs the HHS Secretary to award competitive grants to or contract with eligible entities to fund the employment costs of professionals who will: (1) coordinate with the provision of medically recommended dental care to eligible individuals by volunteer dentists; and (2) verify the medical, dental, and financial needs of individuals who may be eligible for free medically recommended dental care. Directs the Secretary to award a grant to or enter into a cooperative agreement with a public or private nonprofit entity to establish a National Resource Center on Family Caregiving. Revises the purposes of the Older American Community Service Employment Program to further the goal of economic security, grow local economies, and improve the quality of life of local communities. Directs the Assistant Secretary and the Secretary of Labor to study the feasibility of transferring the Senior Community Service Employment Program to the AOA from the Department of Labor. Reauthorizes funding for grants for Native Americans for FY2014-FY2018. Requires the Assistant Secretary to ensure that education and public awareness activities under OAA title XI (Allotments for Vulnerable Elder Rights Protection Activities) are fully integrated with OAA programs. Authorizes appropriations for the State Home Care Ombudsman Program, and authorizes the Assistant Secretary to award competitive grants to states for such programs. Requires a state to have a Home Care Consumer Bill of Rights and a Plan for Enforcement. Requires the state Home Care Consumer Bill of Rights to address a home care consumer's right to: (1) basic safety; (2) information access; (3) choice, participation, and self-determination; and (4) redress of grievances. Revises requirements for: (1) state long-term care ombudsman programs; (2) prevention of elder abuse, neglect, and exploitation; and (3) state legal assistance development. Amends OAA to require state agencies to carry out a Home Care Ombudsman Program within the Office of the State Long-Term Care Ombudsman. Amends the Public Health Service Act to include geriatrics and gerontology as primary health services.

113 S1028 IS: Older Americans Act Amendments of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1028 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Sanders Ms. Klobuchar Ms. Warren Ms. Baldwin Mrs. Boxer Mr. Merkley Mr. Blumenthal Mr. Franken Mr. Schatz Mr. Johnson of South Dakota Mr. Cardin Mrs. Gillibrand Mr. Leahy Mr. Casey Mr. Nelson Committee on Health, Education, Labor, and Pensions A BILL To reauthorize and improve the Older Americans Act of 1965, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Older Americans Act Amendments of 2013 (b) Table of contents Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Declaration of objectives; definitions Sec. 101. Declaration of objectives. Sec. 102. Definitions. TITLE II—Administration on aging Sec. 201. Establishment of Administration on Aging. Sec. 202. Functions of Assistant Secretary. Sec. 203. Federal agency consultation. Sec. 204. Evaluation. Sec. 205. Reports. Sec. 206. Conforming amendments. Sec. 207. Authorization of appropriations. Sec. 208. Advisory Committee to Assess, Coordinate, and Improve Legal Assistance Activities. Sec. 209. Consumer Price Index. Sec. 210. Sense of the Senate regarding appropriation levels. TITLE III—Grants for state and community programs on aging Sec. 301. Purpose; administration. Sec. 302. Definition. Sec. 303. Authorization of appropriations. Sec. 304. Allotments. Sec. 305. Organization. Sec. 306. Area plans. Sec. 307. State plans. Sec. 308. Planning, coordination, evaluation, and administration of State plans. Sec. 309. Nutrition services incentive program. Sec. 310. Consumer contributions. Sec. 311. Supportive services and senior centers program. Sec. 312. Nutrition services. Sec. 313. Disease prevention and health promotion services. Sec. 314. National family caregiver support program. TITLE IV—Activities for health, independence, and longevity Sec. 401. Grant programs. Sec. 402. Community innovations for aging in place. Sec. 403. Multipurpose senior center modernization, training, and support. Sec. 404. Demonstration program on care coordination and service delivery. Sec. 405. Grants or contracts to facilitate low-income access to dental care. Sec. 406. National Resource Center on Family Caregiving. Sec. 407. Conforming amendment. TITLE V—Community service senior opportunities Sec. 501. Older American Community Service Employment Program. Sec. 502. Interagency cooperation. Sec. 503. Authorization of appropriations. Sec. 504. Study on feasibility of transfer of program. TITLE VI—Grants for native americans Sec. 601. Technical amendment. Sec. 602. Conforming amendment. Sec. 603. Reauthorization of funding for grants for Native Americans. TITLE VII—Vulnerable elder rights protection activities Sec. 701. Establishment. Sec. 702. Authorization of appropriations. Sec. 703. Grants. Sec. 704. Eligibility. Sec. 705. Additional State plan requirements. Sec. 706. Definitions. Sec. 707. State Long-Term Care Ombudsman program. Sec. 708. Prevention of elder abuse, neglect, and exploitation. Sec. 709. State legal assistance development. Sec. 710. State Home Care Ombudsman Programs. TITLE VIII—Geriatrics and gerontology Sec. 801. Primary health services. 2. Findings Congress finds the following: (1) Older adults are the fastest growing segment of the Nation’s population. (2) Every day, 10,000 Baby Boomers turn 65. (3) One in 5 of those individuals age 65 and older survives on an average of $7,500 a year. (4) Federal funding to support older adults and their caregivers has not kept pace with inflation. (5) Only 7 percent of individuals who are food insecure get a home-delivered meal. (6) For every reported incident of elder abuse, neglect, exploitation, or self-neglect, approximately 25 go unreported. (7) By making significant improvements through the Older Americans Act Amendments of 2013, it is possible to improve the lives of millions of older adults, and ensure that they receive the supports and services that they need to stay healthy and active in their homes and communities. I Declaration of objectives; definitions 101. Declaration of objectives Section 101 of the Older Americans Act of 1965 ( 42 U.S.C. 3001 (1) by striking paragraph (1) and inserting the following: (1) An adequate income and economic security in later life in accordance with the American standard of living. ; (2) in paragraph (4), by inserting care coordination and including (3) by striking paragraphs (9) and (10) and inserting the following: (9) Immediate benefit from proven research knowledge which can sustain and improve health, happiness, and economic security. (10) Freedom, independence, economic security, and the free exercise of individual initiative for older individuals in planning and managing their own lives, full participation in the planning and operation of community-based services and programs provided for their benefit, and protection against abuse, neglect, and exploitation. ; and (4) by adding at the end the following: (11) Acquiring high-quality services in a manner that is culturally and linguistically responsive to older individuals and family caregivers. . 102. Definitions (a) In general Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (1) by amending paragraph (1) to read as follows: (1) The term abuse ; (2) by redesignating paragraphs (4) through (14) and (15) through (54) as paragraphs (5) through (15) and (17) through (56), respectively; (3) by inserting after paragraph (3) the following: (4) The term adult protective services (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other case work and services; and (D) providing, arranging for, or facilitating the provision of services, such as medical, social, economic, legal, housing, law enforcement, or other protective, emergency, or support services. ; (4) in subparagraph (B)(i) of paragraph (12), as redesignated by paragraph (2) of this subsection, by striking comprehensive psychological, comprehensive person-centered assessment of the older individual (including the physical, psychological, economic, (5) in subparagraph (C) of paragraph (15), as redesignated by paragraph (1) of this subsection, by inserting , their family members, and their primary (6) by inserting after that paragraph (15) the following: (16) (A) The term economic security (B) The term economic security and benefits counseling ; (7) by amending paragraph (19), as redesignated by paragraph (2) of this subsection, to read as follows: (19) The term elder justice (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect older individuals with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an older individual's rights, including the right to be free of abuse, neglect, and exploitation. ; (8) in paragraph (20)(A), as redesignated by paragraph (2) of this subsection, by striking The term exploitation The terms exploitation financial exploitation (9) in paragraph (25), as redesignated by paragraph (2) of this subsection, by striking at or below the poverty line. that is not more than 200 percent of the poverty line. (10) by striking paragraph (26), as redesignated by paragraph (2) of this subsection, and inserting the following: (26) The term greatest social need (A) that— (i) restrict the ability of an individual to perform normal daily tasks; or (ii) threaten the capacity of the individual to live independently; and (B) which include— (i) physical and mental disabilities; (ii) language barriers including limited English proficiency; (iii) cultural, social, or geographic isolation (such as residence in a rural area), including isolation caused by racial, minority, or ethnic status, or status as an LGBT individual; (iv) HIV-positive health status or Alzheimer's disease or a related disorder with neurological and organic brain dysfunction; (v) greatest health service need, particularly a need posed by multiple chronic health conditions or a condition that places an individual at risk for falls; (vi) abuse, neglect (including self-neglect), or financial exploitation, including factors that are the basis of a referral to adult protective services; (vii) status as a veteran; and (viii) status as a Holocaust survivor. ; (11) in paragraph (30), as redesignated by paragraph (2) of this subsection— (A) in subparagraph (C), by inserting , including opportunities for paid work and volunteer service in the community available (B) in subparagraph (E)— (i) in the matter preceding clause (i), by inserting , in a culturally and linguistically competent manner, the entire community of older individuals (ii) in clause (i), by inserting after social need (with particular attention to individuals with factors listed in paragraph (26)(B)) (12) in paragraph (31), as redesignated by paragraph (2) of this subsection, by striking information and referral information and referral assistance (13) in paragraph (35), as redesignated by paragraph (2) of this subsection— (A) by redesignating clauses (i) and (ii) of subparagraph (B) as subclauses (I) and (II), respectively, and aligning the margins of the subclauses with the margins of subclause (I) of subparagraph (A)(i) of paragraph (34), as so redesignated; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and aligning the margins of the clauses with the margins of clause (ii) of subparagraph (A) of that paragraph (34); (C) by inserting (A) The term (D) by adding at the end the following: (B) The term integrated legal assistance delivery system ; (14) in paragraph (36), as redesignated by paragraph (2) of this subsection— (A) in subparagraph (A), by adding and (B) in subparagraph (B), by striking ; and (C) by striking subparagraph (C); (15) in paragraph (37), as redesignated by paragraph (2) of this subsection, by striking sections 307(a)(12) and the activities carried out under section 307(a)(9) (16) in paragraph (38), as redesignated by paragraph (2) of this subsection, by inserting (including elder abuse and neglect screening) educational services (17) in paragraph (50)(B), as redesignated by paragraph (2) of this subsection, by striking subparagraphs (A) through (G) of paragraph (8) subparagraphs (A) through (I) of paragraph (14) (18) by adding at the end the following: (57) The term care coordination (58) The term cultural and linguistic competence (A) used by an organization or among professionals; and (B) enables effective work in cross-cultural situations. (59) The term family caregiver (60) The term Holocaust survivor (A) lived in or fled from, between 1933 and 1945, a country under a Nazi regime, under Nazi occupation, or under the control of Nazi collaborators; (B) was persecuted between 1933 and 1945 on the basis of race, religion, physical or mental disability, sexual orientation, political affiliation, ethnicity, or other basis; and (C) was a member of a group that was persecuted by the Nazis. (61) The term LGBT (62) The term person-centered (63) The term veteran section 101 . (b) Conforming amendments Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002), as redesignated by subsection (a)(2), is amended— (1) in paragraph (39)(A), by striking as defined in paragraph (5) as defined in paragraph (28) (2) in paragraph (40), by striking (as defined in paragraph (18)(B)) (as defined in paragraph (20)(B)) (3) in paragraph (48)(D), by striking (as defined in paragraph (18)(B)) (as defined in paragraph (20)(B)) II Administration on aging 201. Establishment of Administration on Aging Section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 (1) in subsection (d)(3)— (A) in subparagraph (K), by striking ; and (B) in subparagraph (L)— (i) by striking Older Americans Act Amendments of 1992 Older Americans Act Amendments of 2013 (ii) by striking 712(h)(4). 712(h)(5); and (C) by adding at the end the following: (M) collect and analyze best practices related to screening for elder abuse and publish a report of such best practices. ; (2) in subsection (e)(2)— (A) in the matter preceding subparagraph (A), by inserting , and in coordination with the heads of State adult protective services programs and the State Long-Term Care Ombudsmen and services (B) in subparagraph (A), by striking and (C) in subparagraph (B), by striking the period and inserting ; and (D) by adding at the end the following: (C) to assist States with the development of Home Care Consumer Bills of Rights and Plans for Enforcement, to ensure that home care consumers, as defined in section 736, have basic protections as outlined in subsections (b) and (c) of section 705. ; and (3) by adding at the end the following: (g) The Assistant Secretary is authorized to use funds appropriated to carry out this Act to implement activities authorized under part I of subtitle B of title XX of the Social Security Act ( 42 U.S.C. 1397k et seq. . 202. Functions of Assistant Secretary Section 202 of the Older Americans Act of 1965 ( 42 U.S.C. 3012 (1) in subsection (a)— (A) in paragraph (5), by inserting economic security, nutrition, (B) in paragraph (7), by inserting , including economic security trends among such individuals older individuals (C) in paragraph (8), by striking older individuals the health and economic security of older individuals (D) in paragraph (14), by inserting for working with the Administrator of the Health Resources and Services Administration and the Secretary of Labor to identify and address workforce shortages involving such personnel, field of aging, (E) by striking paragraph (15) and inserting the following: (15) (A) as needed, provide technical assistance, training through training packages, and other forms of instruction to entities consisting of State agencies, area agencies on aging, service providers, and community-based organizations, to ensure that the entities develop and implement, in a culturally and linguistically competent manner, programming, services, and outreach for older individuals with greatest economic need and older individuals with greatest social need (with particular attention to providing services to individuals with factors listed in section 102(26)(B); and (B) consult with national and community-based organizations representing minority individuals to develop the capacity of the Administration to provide such technical assistance, training, and instruction. ; (F) in paragraph (16)(C), by striking paragraphs (2) and (5)(A) paragraphs (2) and (4)(A) (G) in paragraph (18), by amending subparagraph (B) to read as follows: (B) make available to the Center— (i) for fiscal year 2014, not less than $2,000,000; and (ii) for each subsequent fiscal year, not less than the amount made available under this subparagraph for fiscal year 2014. ; (H) by striking paragraph (22) and inserting the following: (22) develop guidelines for area agencies on aging to follow in choosing and evaluating providers of legal assistance with the capacity to work within an integrated legal assistance delivery system; ; (I) in paragraph (23), by striking all text following developers referred to in section 307(a)(13) and section 731; (J) in paragraph (27), by striking and (K) in paragraph (28), by striking the period and inserting a semicolon; and (L) by adding at the end the following: (29) (A) encourage, provide technical assistance to and share best practices with, States, area agencies on aging, Aging and Disability Resource Centers, and service providers to carry out outreach and coordinate activities with health care entities, such as Federally qualified health centers, in order to assure better care coordination for individuals with multiple chronic illnesses; and (B) coordinate activities with other Federal agencies that are working to improve care coordination and developing new models and best practices for that coordination. ; (2) in subsection (b)— (A) in paragraph (8)— (i) in subparagraph (D)— (I) by inserting , and with future planning for eligible care recipients (as defined in section 372(a)) who are individuals with disabilities described in section 372(a)(2)(B) and who are living with older relative caregivers (as so defined) needs (II) by striking and (ii) in subparagraph (E), by striking the semicolon at the end and inserting ; and (iii) by adding at the end the following: (F) to provide information relating to the quality measures identified under paragraph (11)(A), using the methods described in paragraph (11)(B), about home and community-based long-term care programs, service providers, and resources, when referring consumers to those programs, providers, or resources; ; (B) in paragraph (10), by striking and (C) by redesignating paragraph (11) as paragraph (12); and (D) by inserting after paragraph (10) the following: (11) identify, in consultation with States (either directly or by entering into a contract under this subparagraph and considering the recommendation of the contract recipient) quality measures for home and community-based long-term care programs, service providers, and resources that— (A) protect the health, safety, and welfare of consumers who are referred to such programs; and (B) shall be identified after the Assistant Secretary takes into account, at a minimum, information regarding— (i) background checks of service providers; (ii) licensure of agencies and certification and training of service providers; and (iii) consumer satisfaction regarding programs, service providers, and resources, in cases in which consumer satisfaction information is available; and ; (3) in subsection (e)(2)(B)— (A) in clause (viii), by striking and (B) by redesignating clause (ix) as clause (x); and (C) by inserting after clause (viii) the following: (ix) organizations with expertise on economic security, asset accumulation, and retirement planning; and ; and (4) by adding at the end the following: (g) The Assistant Secretary shall ensure, where appropriate, that all programs funded under this Act include appropriate training in the prevention of abuse, neglect, and exploitation and provision of services that address elder justice and the exploitation of older individuals. (h) (1) The Assistant Secretary shall establish and operate a National Resource Center for Women and Retirement (referred to in this subsection as the Center (2) The Assistant Secretary shall make available to the Center such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act, which shall be an amount not less than $279,000 for fiscal year 2014. In subsequent fiscal years, the Assistant Secretary shall make available to the Center not less than the amount of resources made available to the Center under this paragraph for fiscal year 2014. (i) (1) Aging and Disability Resource Centers implemented under subsection (b)(8) may carry out an assessment program, with respect to informal caregivers and care recipients, that shall be modeled on the family caregiver assessment program established under section 373(b). (2) For purposes of an informal caregiver assessment carried out in accordance with paragraph (1), the following definitions shall apply: (A) The term care recipient (i) an older individual; (ii) an individual with a disability; or (iii) an individual with a special need. (B) The term informal caregiver (j) (1) The Assistant Secretary shall, directly or by grant or contract, establish and operate the National Resource Center on Lesbian, Gay, Bisexual, and Transgender Aging. (2) The Assistant Secretary shall develop and issue operating standards and reporting requirements for the Center established under paragraph (1). (3) The Assistant Secretary shall make available to the Center such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act for fiscal year 2014. In subsequent fiscal years, the Assistant Secretary shall make available to the Center not less than the amount of resources made available to the Center under this paragraph for fiscal year 2014. (k) The Assistant Secretary shall, directly or by grant or contract, establish and operate a National Adult Protective Services Resource Center. . 203. Federal agency consultation Section 203 of the Older Americans Act of 1965 ( 42 U.S.C. 3013 (1) in subsection (a)(3)(A), by striking older individuals (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) older individuals, older individuals with greatest economic need, older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)), (2) in subsection (b)— (A) in paragraph (18), by striking , and (B) in paragraph (19), by striking the period at the end and inserting , and (C) by adding at the end the following: (20) the Patient Protection and Affordable Care Act, including the amendments made by that Act ( Public Law 111–148 ; and (3) in subsection (c)(6)— (A) in subparagraph (A)— (i) in clause (iii)— (I) by inserting and economic demographic (II) by striking and (ii) in clause (iv), by adding and (iii) by adding at the end the following: (v) identifying and addressing workforce shortages related to services and supports for older individuals, and leveraging the resources of Federal programs that are related to the programs carried out under this Act, to address the shortages; ; (B) in subparagraph (B)— (i) in the matter preceding clause (i), by inserting economic security, housing, (ii) in clause (i), by inserting economic security, housing, (C) in subparagraph (D), by inserting economic security, housing, (D) in subparagraph (E), by inserting and economic security public health (E) in subparagraph (F), by striking and (F) in subparagraph (G)— (i) in the matter preceding clause (i), by inserting economic security, health care, (ii) in clause (iii), by striking the period at the end and inserting ; and (G) by adding at the end the following: (H) (i) identify model Federal programs to assist older individuals with achieving economic security; and (ii) propose greater coordination of efforts to provide such assistance, including by creating an inventory of all Federal programs aimed at reducing poverty and increasing the economic security of older adults. . 204. Evaluation Section 206 of the Older Americans Act of 1965 ( 42 U.S.C. 3017 (1) in subsection (a), by striking greatest economic need areas), greatest economic need and unserved older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)), (2) in subsection (c), by striking minority individuals disabilities individuals with greatest economic need and greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)) (3) in subsection (d), by striking including, as appropriate, health and nutrition education demonstration projects conducted under section 307(f) the full contents of which shall be and the full contents of those summaries and analyses shall be (4) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; (5) by inserting after paragraph (d) the following: (e) The Secretary shall prepare and submit to Congress an annual report evaluating the impact of the programs and services provided under this Act on the economic security of older individuals. ; and (6) in subsection (h), as redesignated by paragraph (2), by striking 1/2 205. Reports Section 207 of the Older Americans Act of 1965 ( 42 U.S.C. 3018 (1) in subsection (a)— (A) in paragraph (2), by striking section 202(a)(19) section 202(a)(16) (B) in paragraph (3), by striking , with particular attention (with particular attention to individuals with factors listed in section 102(26)(B)); (C) in paragraph (4), by striking section 202(a)(17) section 202(a)(14) (2) in subsection (b)— (A) in paragraph (1)(C), by inserting and the adult protection services programs of the States of the States (B) in paragraph (3)(A), by striking Health Care Finance Administration Centers for Medicare & Medicaid Services (3) in subsection (c)(5)— (A) by striking economic need (including low-income minority individuals and older individuals residing in rural areas) economic need (B) by striking social need (including low-income minority individuals and older individuals residing in rural areas) social need (with particular attention to individuals with factors listed in section 102(26)(B)) (4) by adding at the end the following: (d) The Assistant Secretary shall ensure that no individual will be required to provide information regarding the sexual orientation or gender identity of the individual as a condition of participating in activities or receiving services under this Act. . 206. Conforming amendments (a) Appropriate use of funds Section 212(b)(3) of the Older Americans Act of 1965 (42 U.S.C. 3020c(b)(3)) is amended— (1) by striking social need, social need (with particular attention to individuals with factors listed in section 102(26)(B)) or (2) by striking , or an older placement (b) Administrative expenses Section 215(j) of the Older Americans Act of 1965 ( 42 U.S.C. 3020e–1(j) section 216 section 217 207. Authorization of appropriations Section 216 of the Older Americans Act of 1965 ( 42 U.S.C. 3020f (1) in subsection (a), by striking 2007, 2008, 2009, 2010, and 2011 2014, 2015, 2016, 2017, and 2018 (2) in subsection (b)— (A) by striking section 202(a)(24) section 202(a)(21) (B) by striking 2007, 2008, 2009, 2010, and 2011 2014, 2015, 2016, 2017, and 2018 (3) in subsection (c), by striking 2007, 2008, 2009, 2010, and 2011 2014, 2015, 2016, 2017, and 2018 (4) by adding at the end the following: (d) National Adult Protective Services Resource Center There are authorized to be appropriated to carry out section 201(i) (relating to the National Adult Protective Services Resource Center), such sums as may be necessary for fiscal years 2014, 2015, 2016, 2017, and 2018. (e) Advisory Committee To Assess, Coordinate, and Improve Legal Assistance Activities There is authorized to be appropriated to carry out section 216, not less than $300,000 for fiscal year 2014. . 208. Advisory Committee to Assess, Coordinate, and Improve Legal Assistance Activities Title II of the Older Americans Act of 1965 is amended— (1) by redesignating section 216 ( 42 U.S.C. 3020f (2) by inserting after section 215 ( 42 U.S.C. 3020e–1 216. Advisory Committee to Assess, Coordinate, and Improve Legal Assistance Activities (a) Establishment There is established an Advisory Committee to Assess, Coordinate, and Improve Legal Assistance Activities (referred to in this section as the Committee (b) Membership; duties The Assistant Secretary shall appoint members to the Committee and determine the activities of the Committee (which shall include the study and report described in subsection (c)). (c) Study; report The Committee shall conduct a study on the legal services activities assistance system for older individuals. Not later than 1 year after the date of the establishment of the Committee, the Committee shall submit to the President, Congress, and the Assistant Secretary a report that contains a detailed statement of the findings and conclusions of such study, including the Committee’s recommendations improving the legal services activities assistance system for older individuals. (d) Regulations Not later than 180 days after receiving the report described in subsection (c), the Assistant Secretary shall issue regulations or guidance taking into consideration the recommendations of the Committee. (e) Definition In this subsection, the term legal assistance activities (1) legal assistance made available to older individuals with greatest economic need or with greatest social need; (2) activities of the National Legal Resource Center carried out under section 420(a); (3) State legal assistance developer activities carried out under section 731; and (4) any other directly related activity or program as determined appropriate by the Assistant Secretary. . 209. Consumer Price Index (a) In general The Secretary of Labor, through the Bureau of Labor Statistics and in consultation with the Assistant Secretary for Aging, shall revise and improve the Experimental Price Index for the Elderly published by the Bureau of Labor Statistics (commonly referred to as the CPI–E (b) Revision requirements In carrying out subsection (a), the Secretary of Labor shall— (1) increase the number of individuals in the United States who are 62 years of age and older (referred to in this section as older adults (2) establish samples of market-based items, stores, and prices to represent the purchasing patterns of older adults; and (3) examine the medical care component, including the cost and usage of prescription drugs, of the CPI–E taking into account that older adults have different illnesses and health care expenses, including dental expenses, than individuals in the United States who are under 62 years of age. (c) Report to Congress Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall submit to Congress a report that describes the revised CPI–E and the activities carried out by the Secretary under this section. 210. Sense of the Senate regarding appropriation levels Title II of the Older Americans Act of 1965 ( 42 U.S.C. 3011 et seq. 218. Sense of the Senate regarding appropriation levels It is the sense of the Senate that the amount appropriated under this Act should be not less than $2,675,000,000 for fiscal year 2014 and each subsequent year. . III Grants for state and community programs on aging 301. Purpose; administration Section 301(a)(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3021(a)(2) (1) in subparagraph (E), by striking and (2) in subparagraph (F), by striking the period and inserting ; and (3) by adding at the end the following: (G) Federally qualified health centers, as defined in sections 1861(aa)(4) and 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) . 302. Definition Section 302 of the Older Americans Act of 1965 ( 42 U.S.C. 3022 (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). 303. Authorization of appropriations Section 303 of the Older Americans Act of 1965 ( 42 U.S.C. 3023 (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) There are authorized to be appropriated to carry out part B (relating to supportive services) such sums as may be necessary for each of fiscal years 2014 through 2018. ; (2) by striking subsection (b) and inserting the following: (b) (1) There are authorized to be appropriated to carry out subpart 1 of part C (relating to congregate nutrition services) such sums as may be necessary for each of fiscal years 2014 through 2018. (2) There are authorized to be appropriated to carry out subpart 2 of part C (relating to home delivered nutrition services) such sums as may be necessary for fiscal years 2014 through 2018. ; (3) by striking subsection (d) and inserting the following: (d) There are authorized to be appropriated to carry out part D (relating to disease prevention and health promotion services) such sums as may be necessary for each of fiscal years 2014 through 2018. ; and (4) by striking subsection (e) and inserting the following: (e) There are authorized to be appropriated to carry out part E (relating to family caregiver support) such sums as may be necessary for each of fiscal years 2014 through 2018. . 304. Allotments Section 304(b) of such Act (42 U.S.C. 3024(b)) is amended, in the first sentence, by striking part B part E, part B, C, or E 305. Organization Section 305 of the Older Americans Act of 1965 ( 42 U.S.C. 3025 (1) in subsection (a)— (A) in paragraph (1)(E)— (i) by striking greatest economic need rural areas) greatest economic need (ii) by striking greatest social need rural areas) greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)) (B) in paragraph (2)— (i) in subparagraph (C)(ii), by striking areas areas of older individuals with greatest economic need and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)); and (ii) in subparagraph (E), by striking services to rural areas) services to older individuals with greatest economic need and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B) (iii) in subparagraph (G), by striking clause (ii) and inserting the following: (ii) provide an assurance that the State agency will undertake specific program development, advocacy, and outreach efforts focused on the needs of older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)) and older individuals with greatest economic need; and ; (2) in subsection (b)(5)(C)(i)(III), by striking planning and services areas planning and service areas (3) in subsection (d)(1), by striking greatest economic or social need greatest economic need and greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)) 306. Area plans Section 306 of the Older Americans Act of 1965 ( 42 U.S.C. 3026 (1) in subsection (a)— (A) in paragraph (1)— (i) by striking maintenance, or construction of multipurpose senior centers maintenance, modernization, or construction of multipurpose senior centers (which system includes a plan to use the skills and services of older individuals in paid and unpaid work, including multigenerational work and older individual-to-older individual service activities, relating to such maintenance, modernization, or construction, or activities at the centers) (ii) by striking greatest economic need rural areas) greatest economic need (iii) by striking greatest social need rural areas) residing in such area, greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)) residing in such area, (B) in paragraph (2)(A)— (i) by striking mental health services evidence-based behavioral health services, evidence-based chronic condition self-care management programs, and evidence-based falls prevention programs (ii) by striking eligible) eligible and shall include information on paid and unpaid work opportunities for older individuals, as available) (C) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i)(I), by striking will— will set specific objectives, consistent with State policy, for providing services to older individuals with greatest economic need, older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)), and older individuals at risk for institutional placement; and (II) in clause (i)(II), by striking items (aa) and (bb) of (III) in subclauses (I), (II), and (III) of clause (ii), by striking low-income rural areas individuals with greatest economic need and individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)) (ii) in subparagraph (B)(i)— (I) in subclause (II), by striking economic need rural areas) economic need (II) in subclause (III), by striking social need rural areas) social need (with particular attention to individuals with factors listed in section 102(26)(B)) (III) in subclause (VII), by inserting with multiple chronic illnesses or older individuals (D) in paragraph (6)— (i) in subparagraph (D), by inserting (including acute care providers) service providers (ii) in subparagraph (E)(ii), by inserting and Federally qualified health centers, as defined in sections 1861(aa)(4) and 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) 203(b) (iii) by adding at the end the following: (H) in coordination with the State agency and with the State agency responsible for elder abuse prevention services, increase public awareness of elder abuse, neglect, and exploitation, and remove barriers to elder abuse education, prevention, investigation, and treatment; and (I) serve as an advocate in the corresponding planning and service area for evidence-based falls prevention programs and policies for older individuals and, if possible, enter into partnerships with State government agencies (such as the State health agency and State transportation agency), local agencies, and community-based organizations that implement evidence-based falls prevention programs and policies; ; (E) in paragraph (7)— (i) in subparagraph (B)(iii), by striking placement, to permit such individuals placement, with particular attention to individuals with factors listed in section 102(26)(B), to permit such at-risk individuals (ii) in subparagraph (C)— (I) by inserting (including falls) injury (II) by striking and (iii) in subparagraph (D), by adding and (F) by striking paragraph (9) and inserting the following: (9) provide assurances that the area agency on aging, in carrying out the State Long-Term Care Ombudsman program described in section 307(a)(9), will— (A) provide adequate funding to carry out an effective Ombudsman program in compliance with this Act; and (B) expend to carry out the program not less than the total amount of funds appropriated under this Act or made available through other resources, and expended by the agency in fiscal year 2010, in carrying out such a program under this Act; ; (G) in paragraph (16), by striking and (H) in paragraph (17)— (i) by inserting and revise develop (ii) by inserting and health State emergency response (iii) by striking the period and inserting ; and (I) by adding at the end the following: (18) include information describing— (A) how the area agency on aging will engage in outreach to veterans who are eligible for services under this Act; and (B) effective and efficient procedures for the coordination of services provided under this Act with services provided to veterans by the Department of Veterans Affairs and other providers. ; and (2) in subsection (b)— (A) in paragraph (2)(B), by striking including individuals including older individuals with greatest economic need and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)); (B) in paragraph (3)— (i) in subparagraph (J), by striking and (ii) by redesignating subparagraph (K) as subparagraph (L); and (iii) by inserting after subparagraph (J) the following: (K) protection from elder abuse, neglect, and exploitation; and . 307. State plans Section 307(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3027(a) (1) in paragraph (2), by striking subparagraph (A) and inserting the following: (A) evaluate, using uniform procedures described in section 202(a)(26), the need for supportive services (including legal assistance pursuant to paragraph (11), information and assistance services, care coordination, and transportation services), nutrition services, economic security and benefits counseling, and multipurpose senior centers within the State; ; (2) in paragraph (4), by striking provided to individuals provided to individuals with greatest economic need and individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)). (3) by striking paragraph (9) and inserting the following: (9) The plan shall provide assurances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 712 and this title, and, in carrying out the program, will— (A) provide adequate funding to carry out an effective Ombudsman program in compliance with this Act; and (B) expend to carry out the program not less than the total amount of funds appropriated under this Act or made available through other resources, and expended by the agency in fiscal year 2010, in carrying out such a program under this Act. ; (4) in paragraph (11)— (A) in the matter preceding subparagraph (A), by striking legal assistance— legal assistance, which shall be provided through an integrated legal assistance delivery system— (B) in subparagraph (B), by striking individuals with the greatest such need; individuals with greatest economic need and individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)), (5) by striking paragraph (15) and inserting the following: (15) The plan shall provide assurances that programming and services will be provided in a culturally and linguistically competent manner to older individuals with greatest social need. ; (6) in paragraph (16)— (A) in subparagraph (A), by striking clauses (i) through (vi) and inserting the following: (i) older individuals with greatest economic need; (ii) older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)); and (iii) caregivers of individuals described in clause (i) or (ii); and ; and (B) in subparagraph (B)— (i) by striking through (vi) and (ii) (ii) by striking caretakers caregivers (7) in paragraph (23)(A), by striking with other State services with other Federal and State health care programs and services (8) in paragraph (28)(B)— (A) by striking clause (i) and inserting the following: (i) the projected change in the number of older individuals in the State, and information indicating the dispersal and growth in the number of older individuals with greatest social need in each planning and service area in the State; ; and (B) in clause (ii), by striking including individuals including older individuals with greatest economic need and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)); (9) by adding at the end the following: (31) The plan shall include information describing— (A) how the State agency will engage in outreach to veterans who are eligible for services under this Act; and (B) effective and efficient procedures for the coordination of services provided under this Act with services provided to veterans by the Department of Veterans Affairs and other providers. (32) The plan shall include an assurance that the State has made efforts to train relevant staff to recognize the common signs and symptoms of possible dementia. . 308. Planning, coordination, evaluation, and administration of state plans Section 308(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3028(a)(1) (1) by striking this Act, and this Act, (2) by inserting before the period the following: , and the modernization of such senior centers 309. Nutrition services incentive program Section 311(e) of the Older Americans Act of 1973 ( 42 U.S.C. 3030a(e) fiscal year 2007 each of fiscal years 2014 through 2018 310. Consumer contributions Section 315 of the Older Americans Act of 1965 ( 42 U.S.C. 3030c–2 (1) in subsection (b)— (A) in paragraph (1), by striking 185 percent 200 percent (B) in paragraph (3), by adding at the end the following: Contributions under this section shall be used to supplement, and not to supplant, any other funds expended for activities described in this Act. (2) in subsection (c)(2), by striking participation of rural areas) participation of older individuals with greatest economic need and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)) (3) in subsection (d)— (A) by striking Not later shall conduct Not later than January 1, 2015, and annually thereafter, the Assistant Secretary shall conduct, and submit to the appropriate committees of Congress a report containing the results of, (B) by striking (with particular rural areas) , including participation rates for individuals with greatest economic need and individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)) 311. Supportive services and senior centers program Section 321 of the Older Americans Act of 1965 ( 42 U.S.C. 3030d (1) in subsection (a)— (A) in paragraph (5)(C), by striking and letter writing services evidence-based chronic condition self-care management, letter writing services, and evidence-based falls prevention programs (B) in paragraph (8)— (i) by inserting , screening for elder abuse and neglect, and falls prevention screening mental health screening (ii) by striking illness, or both, illnesses and injuries (C) in paragraph (15), by inserting before the semicolon the following: and elder abuse and neglect screening, chronic condition self-care management, and falls prevention services (2) in subsection (b)(1), by inserting or modernization construction 312. Nutrition services (a) In general Section 339 of the Older Americans Act of 1965 (42 U.S.C. 3030g–21) is amended— (1) in paragraph (1)— (A) by striking solicit utilize (B) by inserting , to help achieve development of evidenced-based and cost-effective nutrition services nutritional services (2) in paragraph (2)— (A) in subparagraph (A), by amending clause (iii) to read as follows: (iii) to the maximum extent practicable, are adjusted and appropriately funded to meet any special health-related or other dietary needs of program participants, including needs based on religious, cultural, or ethnic requirements, ; (B) in subparagraph (J), by striking and (C) in subparagraph (K), by striking the period and inserting ; and (D) by adding at the end the following: (L) where feasible, encourages the use of locally grown foods in meal programs and identifies potential partnerships and contracts with local producers and providers of locally grown foods. . (b) Special rule Section 339 of the Older Americans Act of 1965 (42 U.S.C. 3030g–21) is amended— (1) by inserting before A State (a) In general ; and (2) by adding at the end the following: (b) Transportation Funds appropriated to carry out this part may be used for transportation costs that can be demonstrated to be directly related to the provision of services specified in this part. . 313. Disease prevention and health promotion services (a) Program Section 361 of the Older Americans Act of 1965 ( 42 U.S.C. 3030m (1) in subsection (a), in the first sentence— (A) by inserting evidence-based to provide (B) by inserting (including cognitive health promotion services) health promotion services (C) by inserting before or at at Federally qualified health centers (as defined in sections 1861(aa)(4) and 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) (2) Clinical preventive services Part D of title III of the Older Americans Act of 1965 ( 42 U.S.C. 3030m et seq. 363. Clinical preventive services Congress finds that— (1) there are clinical preventive services (as defined in a manner consistent with the recommendations of the U.S. Preventive Services Task Force) covered under the Medicare program carried out under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (2) older adults should receive the clinical preventive services described in paragraph (1). . 314. National family caregiver support program (a) Older relative caregiver Section 372 of such Act ( 42 U.S.C. 3030s (1) in subsection (a)— (A) by striking this subpart: this part: (B) by striking paragraphs (1) and (2) and inserting the following: (1) Child The term child (2) Eligible care recipient The term eligible care recipient (A) a child; or (B) an individual with a disability who is not less than 19 and not more than 59 years of age. (3) Older relative caregiver (A) In general The term older relative caregiver (i) is 55 years of age or older; and (ii) lives with, is the informal provider of in-home and community care to, and is the primary caregiver for, an eligible care recipient who is described in subparagraph (B) or (C), respectively. (B) Caregiver for child For purposes of subparagraph (A), the term caregiver (i) is the grandparent, stepgrandparent, or other relative (other than the parent) by blood, marriage, or adoption, of the eligible care recipient; (ii) is the primary caregiver of the eligible care recipient because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the eligible care recipient; and (iii) has a legal relationship to the eligible care recipient, such as legal custody or guardianship, or is raising the eligible care recipient informally. (C) Caregiver of individual with a disability For purposes of subparagraph (A), the term caregiver ; and (2) in subsection (b)(2)— (A) by striking grandparents or older individuals who are relative caregivers older relative caregivers (B) by striking children eligible care recipients (b) Program Section 373 of the Older Americans Act of 1965 ( 42 U.S.C. 3030s–1 (1) in subsection (a)(2), by striking grandparents or older individuals who are relative caregivers. older relative caregivers. (2) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; (3) by inserting after subsection (a) the following: (b) Assessment program of needs of family caregivers (1) In general The Assistant Secretary may make grants to States to establish a program, in accordance with the program requirements described in paragraph (4), to assess the needs of family caregivers for targeted support services. (2) Application by states Each State seeking a grant under this subsection shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information and assurances as the Assistant Secretary determines appropriate. (3) Program administration A State receiving a grant under this subsection may enter into an agreement with area agencies on aging in the State, or an Aging and Disability Resource Center in the State, to administer the program, using such grant funds. (4) Program requirements (A) Voluntary questionnaire Assessments under a program established as described in paragraph (1) shall include asking the family caregiver relevant questions in order to determine whether the family caregiver would benefit from any targeted support services. (B) Referrals In the case where a questionnaire completed by a family caregiver under subparagraph (A) indicates that the family caregiver would benefit from 1 or more targeted support services, the agency administering the program established under paragraph (1) shall provide referrals to the family caregiver for State, local, nonprofit, and private-sector caregiver programs and other resources that provide such targeted support services to such caregivers. (C) Reporting requirement Each State with a program described in paragraph (1) shall periodically submit to the Assistant Secretary a report containing information on the number of caregivers assessed under the program, information on the number of referrals made for targeted support services under the program (disaggregated by type of service), demographic information on caregivers assessed under the program, and other information required by the Assistant Secretary. ; (4) in subsection (c), as redesignated by paragraph (2)— (A) in paragraph (4), by striking and (B) in paragraph (5), by striking the period and inserting ; and (C) by adding at the end the following: (6) the efforts of the Ombudsman to facilitate the activities of, and support, the State Long-Term Care Ombudsman program under title VII and this title, and the efforts of the Ombudsman to facilitate the activities of, and support, family and caregiver councils in long-term care facilities. ; (5) in subsection (d), as redesignated by paragraph (2)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking and grandparents and older individuals who are relative caregivers, and older relative caregivers, (ii) in subparagraph (A), by striking paragraph (1) or (2) of (iii) in subparagraph (B)— (I) by striking subsection (b), in the case of a caregiver described in paragraph (1) subsection (c), in the case of a caregiver described in subsection (a)(1) (II) by striking section 102(22). section 102(24). (B) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting (with particular attention to individuals with factors listed in section 102(26)(B)) social need (II) by striking economic need economic need; and (6) in subsection (e), as redesignated by paragraph (2), by striking subsection (b) subsection (c) (7) in subsection (f)(3), as redesignated by paragraph (2), in the second sentence, by striking or grandparents or older individuals who are relative caregivers, older relative caregivers, (8) in subsection (g)(1), as redesignated by paragraph (2)— (A) in subparagraph (A), by striking for fiscal years 2007, 2008, 2009, 2010, and 2011 for each of fiscal years 2014 through 2018 (B) in subparagraph (B), by striking under section 303 under section 303(e) (9) in subsection (h), as redesignated by paragraph (2)— (A) in paragraph (2), by striking subparagraph (C) and inserting the following: (C) Limitation A State may use not more than 10 percent of the total Federal and non-Federal share available to the State under this part to provide support services to— (i) older relative caregivers who provide care for children; and (ii) older relative caregivers— (I) who provide care for individuals described in section 372(a)(2)(B); and (II) who are the parents of the individuals. ; and (B) by adding at the end the following: (3) Use of funds for ombudsman program Amounts made available to a State to carry out the State program under this part may be used to support the Office of the State Long-Term Care Ombudsman, including supporting the development of resident and family councils. . (c) Elimination of superfluous subpart designation (1) Heading Part E of title III of such Act ( 42 U.S.C. 3030s et seq. (2) Conforming amendments Sections 373 (as amended by subsection (b)) and 374 of such Act ( 42 U.S.C. 3030s–1 this subpart this part IV Activities for health, independence, and longevity 401. Grant programs Section 411 of the Older Americans Act of 1965 ( 42 U.S.C. 3032 (1) in subsection (a)— (A) in paragraph (12), by striking ; and (B) by redesignating paragraph (13) as paragraph (14); and (C) by inserting after paragraph (12) the following: (13) supporting programs that enable the mobility and self-sufficiency of older individuals with the greatest economic need and older individuals with the greatest social need by providing transportation services and resources; and ; and (2) in subsection (b), by striking for fiscal years 2007 2011 for each of fiscal years 2014 through 2018 402. Community innovations for aging in place Section 422 of the Older Americans Act of 1965 ( 42 U.S.C. 3032k (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018. . 403. Multipurpose senior center modernization, training, and support Part A of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3032 et seq. 423. Multipurpose senior center modernization, training, and support (a) Program authorized The Assistant Secretary shall award grants and enter into contracts with eligible entities to carry out projects to— (1) support and promote modern multipurpose senior center models which yield vibrant, multiservice, multigenerational centers for older individuals, families of older individuals, and others in the community to gain skills, resources, and connections needed to meet the challenges that occur with continuum of care and quality of life; (2) build an evidence base of modern, replicable practices that allow senior centers to serve a diverse array of older individuals, as well as their families and other caregivers, leveraging innovative partnerships and public and private resources to develop and expand programs; and (3) mobilize services and leverage resources to support the role of multipurpose senior centers as community focal points, as provided in section 306(a)(3), and for the establishment, construction, maintenance, and operation of centers, as described in sections 303(c)(2) and 306(a)(1), including development of intergenerational shared site models, consistent with the purposes of this Act. (b) Use of funds An eligible entity shall use funds made available under a grant awarded, or a contract entered into, under subsection (a) to— (1) carry out a project described in subsection (a); and (2) evaluate the project in accordance with subsection (e). (c) Eligible entity For purposes of this section, the term eligible entity (1) a multipurpose senior center that has met national accreditation and fiduciary standards; and (2) a regional partnership or collaboration of multipurpose senior centers or State association of senior centers in which not less than 2 centers are accredited. (d) Competitive grants for technical assistance (1) Grants The Assistant Secretary shall make a grant, on a competitive basis, to an eligible nonprofit organization described in paragraph (2), to enable the organization to— (A) provide training and technical assistance to recipients of grants under this section and other multipurpose senior centers to adopt and tailor evidence-based modernization strategies and practices to respond to the economic and health needs of the diverse and growing aging populations in their own communities; and (B) carry out other duties, as determined by the Assistant Secretary. (2) Eligible nonprofit organization To be eligible to receive a grant under this subsection, an organization shall be a nonprofit organization (including a partnership of nonprofit organizations), that— (A) has experience and expertise in providing technical assistance to a range of multipurpose senior centers and experience evaluating and reporting on programs; and (B) has demonstrated knowledge of and expertise in multipurpose senior center accreditation or other standards of excellence. (e) Local evaluation and report (1) Evaluation Each entity receiving a grant or a contract under subsection (a) to carry out a project described in subsection (a) shall evaluate the project, leadership, and resources for the modernization of multipurpose senior centers. (2) Report The entity described in paragraph (1) shall submit a report to the Assistant Secretary containing the evaluation not later than 6 months after the expiration of the period for which the grant or contract is in effect. (f) Report to Congress Not later than 6 months after the Assistant Secretary receives the reports described in subsection (e)(2), the Assistant Secretary shall prepare and submit to Congress a report that describes the results of the evaluations. . 404. Demonstration program on care coordination and service delivery Part A of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3032 et seq. 424. Demonstration program on care coordination and service delivery (a) Establishment of demonstration program (1) In general The Assistant Secretary shall carry out a demonstration program in accordance with this section. The Assistant Secretary shall award grants to eligible entities (as determined by the Secretary) to implement demonstration projects that focus on care coordination and service delivery redesign for older individuals with chronic illness or at risk of institutional placement by— (A) designing and testing new models of care coordination and service delivery that thoughtfully and effectively deploy advanced aides to improve efficiency and quality of care for frail older individuals; and (B) giving direct-care workers opportunities for career advancement through additional training, an expanded role, and increased compensation. (2) Direct-care worker In this section, the term direct-care worker (b) Planning and implementation awards under the program (1) In general Each eligible entity that receives a grant under this section shall receive a grant for planning and implementation activities related to the demonstration project to be carried out by the entity. (2) Amount The amount awarded under paragraph (1) for all grants— (A) for planning activities, shall not exceed $600,000; and (B) for implementation activities, shall not exceed $2,900,000. (3) Terms Planning activities carried out under a grant awarded under paragraph (1) shall be completed not later than 1 year after the grant is awarded. Implementation activities carried out under such a grant shall be completed not later than 2 years after the grant is awarded. (4) Evaluation and report Each recipient of a grant under paragraph (1), in consultation with an independent evaluation contractor, shall conduct an evaluation and submit to the Secretary a report on the implementation of activities conducted under the demonstration project, including such information as the Secretary may require. . 405. Grants or contracts to facilitate low-income access to dental care Part A of title IV of the Older Americans Act of 1965, as amended by section 404, is further amended by adding at the end the following: 425. Grants or contracts to facilitate low-income access to dental care (a) Definition In this section, the term medically recommended dental care (b) Grants The Secretary shall award competitive grants to, or enter into contracts with, eligible entities to fund the employment costs of professionals who will use grant or contract funds to— (1) coordinate the provision of medically recommended dental care to eligible individuals by volunteer dentists in a manner consistent with State licensing laws; and (2) verify the medical, dental, and financial needs of eligible individuals who may be eligible for free medically recommended dental care. (c) Eligibility (1) Eligible entity To be eligible to receive a grant or contract under subsection (b), an entity shall be a nonprofit organization that provides for the participation of eligible individuals in a free dental services program on a national basis. (2) Eligible individual To be eligible to participate in a program described in paragraph (1), individuals shall be those with greatest economic need and individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)). (d) Use of funds An entity shall use amounts received under a grant or contract under this section to establish, expand, or operate a program to coordinate the provision of free medically recommended dental care through volunteer dentists to eligible individuals. (e) Evaluation and report (1) Evaluation Each entity that receives a grant or contract under this section shall evaluate the number of patients served under the grant or contract, and the effectiveness of the program described in subsection (d) in reducing medical expenses associated with the disease or condition for which care described in subsection (d) was provided. (2) Report The entity shall submit a report containing the results of the evaluation to the Assistant Secretary, not later than 6 months after the end of the period of the grant or contract. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2014 through 2018. . 406. National resource center on family caregiving Part A of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3032 et seq. 426. National Resource Center on Family Caregiving (a) Establishment The Secretary of Health and Human Services shall award a grant to or enter into a cooperative agreement with a public or private nonprofit entity to establish a National Resource Center on Family Caregiving (referred to in this section as the Center (b) Development The Assistant Secretary shall develop and issue operating standards and reporting requirements for the Center established under subsection (a). (c) Authorization There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2014 through 2018. . 407. Conforming amendment Section 417(c)(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3032f(c)(2) older individuals and communities communities with greatest need, older individuals with greatest economic need, and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)); V Community service senior opportunities 501. Older american community service employment program Section 502 of the Older Americans Act of 1965 ( 42 U.S.C. 3056 (1) in subsection (a)(1)— (A) by striking To foster individual economic self-sufficiency and To further the goal of economic security, foster individual economic self-sufficiency, grow local economies, improve the quality of life in local communities, and (B) by striking persons who are age 55 persons who are not economically secure and who are age 55 (2) in subsection (b)(1)— (A) in subparagraph (E), by striking support for children, support for adults, children, (B) in subparagraph (M), by striking and eligible individuals with greatest economic need eligible individuals with disabilities, eligible individuals with greatest economic need, and eligible individuals with greatest social need 502. Interagency cooperation Section 514 of the Older Americans Act of 1965 ( 42 U.S.C. 3056l (1) in subsection (c)(1), by striking individuals with greatest economic need, individuals with greatest social need, individuals with greatest economic need, individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)), (2) in subsection (e)(1), by striking minority economic need, individuals with greatest economic need, individuals with greatest social need, 503. Authorization of appropriations Section 517(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3056o(a) fiscal years 2007, 2008, 2009, 2010, and 2011 each of fiscal years 2014 through 2018 504. Study on feasibility of transfer of program (a) Study The Assistant Secretary for Aging of the Department of Health and Human Services, and the Secretary of Labor, shall study the feasibility of transferring the program carried out under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) to the Administration on Aging. (b) Report Not later than 2 years after the date of enactment of this Act, the Assistant Secretary and the Secretary shall submit a report containing the results of the study to the appropriate committees of Congress. VI Grants for native americans 601. Technical amendment Section 611 of such Act ( 42 U.S.C. 3057b (a) 602. Conforming amendment Section 631(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3057k–11(b) subsections (c), (d), and (e) subsections (d), (e), and (f) 603. Reauthorization of funding for grants for Native Americans Section 643(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3057n(2) part C, part C, not less than $8,400,000 for each of fiscal years 2014 through 2018. VII Vulnerable elder rights protection activities 701. Establishment Section 701 of the Older Americans Act of 1965 ( 42 U.S.C. 3058 (1) by inserting and grants allotments (2) by adding at the end the following: The Assistant Secretary, to the maximum extent practicable, shall ensure that education and public awareness activities under this title are fully integrated with programs under this Act. 702. Authorization of appropriations Chapter 1 of subtitle A of title VII of the Older Americans Act of 1965 is amended by inserting after section 702 ( 42 U.S.C. 3058a 702A. Authorization of appropriations for State Home Care Ombudsman Program There are authorized to be appropriated to carry out chapter 5 such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. . 703. Grants Section 703 of the Older Americans Act of 1965 ( 42 U.S.C. 3058b (d) Grants for State home care ombudsman programs The Assistant Secretary shall use funds made available under section 702A to award grants, on a competitive basis, to States for State Home Care Ombudsman Programs. . 704. Eligibility Section 704 of the Older Americans Act of 1965 ( 42 U.S.C. 3058c or grants allotments 705. Additional State plan requirements Section 705 of the Older Americans Act of 1965 ( 42 U.S.C. 3058d (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting or grant allotment (B) in paragraph (1), by striking requirements of the chapter and this chapter requirements of this chapter and this subtitle (C) in paragraph (2), by inserting family caregivers, title VI, (D) in paragraph (4), by striking enactment of this subtitle enactment of the chapter (E) in paragraph (6), by striking and (F) in paragraph (7), by striking the period and inserting ; and (G) by adding at the end the following: (8) an assurance that the State has— (A) a Home Care Consumer Bill of Rights and a Plan for Enforcement of such a Bill, developed in accordance with the procedures described under paragraph (2) and as approved by the Assistant Secretary, and the State shall include a copy of the Bill and Plan; or (B) a waiver of subparagraph (A) from the Assistant Secretary and a proposal for developing and submitting for approval a Home Care Consumer Bill of Rights and Plan for Enforcement. ; (2) by redesignating subsection (b) as subsection (d); (3) by inserting after subsection (a) the following: (b) Home Care Consumer Bill of Rights The Home Care Consumer Bill of Rights referred to in subsection (a)(8) shall, at a minimum— (1) address a home care consumer’s right to basic safety; (2) address a home care consumer’s right to access information about the cost of home care services prior to receiving those services; (3) address a home care consumer’s right to choice, participation, and self-determination; (4) address a home care consumer’s right to redress grievances; and (5) meet any other guidelines determined to be appropriate by the Assistant Secretary. (c) Plan for enforcement The Plan for Enforcement referred to in subsection (a)(8) shall include a description of how State entities with a role in protecting older individuals will coordinate activities to enforce the Home Care Consumer Bill of Rights. ; and (4) by adding at the end the following: (e) Definition In this section, the term home care consumer home care services . 706. Definitions Section 711(6) of the Older Americans Act of 1965 ( 42 U.S.C. 3058f(6) older individual individual 707. State Long-Term Care Ombudsman program Section 712 of the Older Americans Act of 1965 ( 42 U.S.C. 3058g (1) in subsection (a)— (A) in paragraph (2), by adding at the end the following: The Ombudsman shall be responsible for the management, including the fiscal management, of the Office. (B) in paragraph (3)— (i) in subparagraph (A), by striking clause (i) and inserting the following: (i) are made by or on behalf of residents, including residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have desired (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish the desired outcome; ; (ii) in subparagraph (D), by striking regular and timely regular, timely, private, and unimpeded (iii) in subparagraph (H)(iii), by striking provide technical support for actively encourage and assist in (C) in paragraph (4)— (i) in the paragraph header, by striking Contracts and arrangements Organizational placement (ii) by striking subparagraph (B) and inserting the following: (B) Identifying, removing, and remedying organizational conflict (i) In general The State agency may not operate the Office or carry out the program, directly, or by contract or other arrangement with any public agency or nonprofit private organization, in a case in which there is an organizational conflict of interest unless such conflict has been— (I) identified by the State agency; (II) disclosed by the State agency to the Assistant Secretary in writing; and (III) remedied in accordance with this subparagraph. (ii) Action by administration In a case in which a potential or actual organizational conflict of interest involving the Office is disclosed or reported to the Assistant Secretary by any person or entity, the Assistant Secretary shall require that the State agency— (I) remove the conflict; or (II) submit, and obtain the approval of the Assistant Secretary for, an adequate remedial plan that indicates how the Ombudsman will be unencumbered in fulfilling all of the functions specified in paragraph (3). (C) Organizational conflict of interest In this paragraph, the term organizational conflict of interest (i) is responsible for licensing or certifying long-term care services in the State; (ii) is an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals; (iii) provides long-term care services, including programs carried out under a Medicaid waiver approved under section 1115 of the Social Security Act ( 42 U.S.C. 1315 (iv) provides long-term care case management; (v) sets rates for long-term care services; (vi) provides adult protective services; (vii) is responsible for eligibility determinations for the Medicare program carried out under title XVIII, or the Medicaid program carried out under title XIX, of the Social Security Act ( 42 U.S.C. 1395 et seq. (viii) conducts preadmission screening for placements in facilities described in clause (ii); or (ix) makes decisions regarding admission of individuals to such facilities. ; and (D) in paragraph (5)(B)(vi), by striking support actively encourage and assist in (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking access private and unimpeded access (ii) in subparagraph (B)(i)— (I) in the matter preceding subclause (I), by striking the medical and social records of a all records concerning a (II) in subclause (II), by striking to consent to communicate consent (iii) by redesignating subparagraphs (C) and (D) as subparagraphs (E) and (F), respectively; and (iv) by inserting after subparagraph (B) the following: (C) such access as is necessary to advocate for a resident’s desired outcome to the extent that the resident can express the outcome desired, even if the resident is unable to communicate consent; (D) access to the records of a resident who is unable to communicate consent in a case in which— (i) the access is necessary to investigate and resolve a complaint described in subsection (a)(3); (ii) a legal guardian of the resident refuses to give permission for the access; (iii) a representative of the Office has reasonable cause to believe that the guardian is not acting in the best interests of the resident by refusing; (iv) the resident has no other known legal representative; and (v) the representative of the Office obtains the approval of the Ombudsman; ; and (B) by adding at the end the following: (3) Health oversight agency For purposes of section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (including regulations issued under that section) (42 U.S.C. 1320d–2 note), the Ombudsman and a representative of the Office shall be considered a health oversight agency, ; (3) in subsection (c)(2)(D), by striking section 202(a)(21) section 202(a)(18) (4) in subsection (d)— (A) in paragraph (1), by striking files information (B) in paragraph (2)— (i) in subparagraph (A), by striking files and records information (ii) in subparagraph (B), by striking files or records information (5) in subsection (f)(3)— (A) in subparagraph (C), by striking facility; and facility or a related organization, and has not been employed by such a facility or organization within 2 years before the date of the determination involved; (B) in subparagraph (D), by striking and (C) by adding at the end the following: (E) does not have management responsibility for, or operate under the supervision of, an agency with responsibility for adult protective services; and (F) does not serve as a guardian or in another fiduciary capacity for residents of long-term care facilities in an official capacity (as opposed to serving as a guardian or fiduciary, for a family member, in a personal capacity); and ; (6) in subsection (h)— (A) in paragraph (4), by striking all that precedes procedures (4) strengthen and update ; (B) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; (C) by inserting after paragraph (3) the following: (4) ensure that the Ombudsman or a designee attends training provided by the Administration through the National Ombudsman Resource Center established in section 202(a)(18); ; (D) in paragraph (7)(A), as redesignated by subparagraph (B) of this paragraph, by striking subtitle C of the subtitle C of title I of the (E) in paragraph (10), as redesignated by subparagraph (B) of this paragraph, by striking (6), or (7) (7), or (8) (7) by adding at the end the following: (k) Ensuring effective programs and residents' rights The State agency shall ensure the Office— (1) provides long-term care facility residents with private and unimpeded access to the Office, including access to all records concerning the resident; and (2) allows all long-term care facility residents to receive services from the Office. . 708. Prevention of elder abuse, neglect, and exploitation Section 721(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3058i(b) (1) in paragraph (2), by striking the semicolon and inserting the following: , including education and outreach to professionals including postal carriers, employees of financial institutions, firefighters, meter readers, and other community professionals who are in a position to observe an older individual on a daily or regular basis; (2) in paragraph (4), by inserting before the semicolon the following: and submit data on the prevalence of elder abuse, neglect, and exploitation for the appropriate database of the Administration or another database specified by the Assistant Secretary (3) by redesignating paragraphs (8) through (12) as paragraphs (9) through (13), respectively; (4) by inserting after paragraph (7) the following: (8) conducting appropriate training to ensure cultural sensitivity in the provision of elder rights services, including training in cultural issues associated with abuse; ; (5) in subparagraph (C) of paragraph (10), as redesignated by paragraph (3) of this section— (A) in clause (ii), by inserting , such as forensic accountants, such personnel (B) in clause (v), by striking the comma at the end and inserting , including programs and arrangements that will safeguard victims' or potential victims' finances, such as daily money management programs and conservatorships, (6) in paragraph (12), as redesignated by paragraph (3) of this section— (A) in subparagraph (D), by striking and (B) by adding at the end the following: (F) supporting and studying innovative practices in local communities, to develop partnerships across disciplines for the prevention, investigation, and prosecution of exploitation; ; (7) in paragraph (13), as redesignated by paragraph (3) of this section— (A) in subparagraph (B), by striking or (B) in subparagraph (C), by striking the period at the end and inserting ; or (C) by adding at the end the following: (D) older individuals who are Holocaust survivors; and ; and (8) by adding at the end the following: (14) developing a State Home Care Consumer Bill of Rights and Plan for Enforcement (as described in section 705) to protect home care consumers (as defined in section 736) from abuse, neglect, and exploitation. . 709. State legal assistance development Section 731 of the Older Americans Act of 1965 ( 42 U.S.C. 3058j A State agency to ensure— (a) State legal services developer A State agency shall provide the services of an individual who shall be known as a State legal services developer, who shall promote, and may facilitate, the development and operation of an integrated legal assistance delivery system for the State. To the maximum extent practicable, the individual selected to serve as the developer shall— (1) agree to serve as the developer on a full-time basis; (2) have a law degree from an accredited law school or have been admitted to practice law in any jurisdiction in the United States; and (3) possess other knowledge, skills, training, and education that reflect a comprehensive understanding of legal services for older individuals. (b) Other personnel In addition to the State legal services developer, the State agency shall provide the services of other personnel, sufficient to ensure— . 710. State Home Care Ombudsman Programs Subtitle A of title VII of the Older Americans Act of 1965 ( 42 U.S.C. 3058 et seq. 5 State Home Care Ombudsman Programs 736. Definitions In this chapter: (1) Home care consumer The term home care consumer 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. (2) Home care ombudsman program The term home care ombudsman program (3) Home care services The term home care services 737. Program (a) Establishment (1) In general In order to be eligible to receive a grant under section 703(d) from funds appropriated under section 702A and made available to carry out this chapter, a State agency shall, in accordance with this section, agree to carry out a State Home Care Ombudsman Program within the Office of the State Long-Term Care Ombudsman. (2) Home care ombudsman program The home care ombudsman program shall be carried out by the State Long-Term Care Ombudsman. The Ombudsman and other entities carrying out the home care ombudsman program shall have authorities, requirements, and functions with respect to that program, and home care services provided and home care consumers served under that program, that are equivalent (as determined by the Secretary) to the authorities, requirements, and functions the Ombudsman and other entities have in carrying out the State Long-Term Care Ombudsman Program under chapter 2, and long-term care provided and long-term care consumers served under that program. (b) Maintenance of effort A State, in using the funds made available for a fiscal year through a grant received under section 703(d), shall maintain the expenditures of the State for home care ombudsman services at a level that is not less than the level of such expenditures maintained by the State for the preceding fiscal year. (c) Evaluation The Assistant Secretary shall— (1) in conjunction with the Director of the Office of Long-Term Care Ombudsman Programs and the heads of other entities determined to be necessary by the Assistant Secretary, collect from the States and analyze data from the home care ombudsman programs relating to complaints and conditions concerning home care services and home care consumers and within 1 year after receipt of the data, submit a report to Congress outlining best practices for carrying out a home care ombudsman program; and (2) make the report available to States. . VIII Geriatrics and gerontology 801. Primary health services Section 331(a)(3)(D) of the Public Health Service Act ( 42 U.S.C. 254d(a)(3)(D) geriatrics, gerontology, pediatrics,

Older Americans Act Amendments of 2013

Regulatory Accountability Act of 2013 - Amends the Administrative Procedure Act to revise requirements for federal agency rulemaking by requiring agencies, in making a rule, to consider: (1) the legal authority under which a rule may be proposed, including whether rulemaking is required by statute or is within the discretion of the agency; (2) the nature and significance of the problem the agency intends to address; (3) whether existing federal laws or rules have created or contributed to the problem; (4) reasonable alternatives for a new rule; and (5) for any major rule or high-impact rule (generally defined as rules having an annual cost on the economy of $100 million or $1 billion or more, respectively), the potential costs and benefits associated with potential alternative rules. Requires agencies that initiate a rulemaking that may result in a major rule or a high-impact rule to: (1) establish an electronic docket for that rulemaking, which may have a physical counterpart; and (2) publish a notice of initiation of rulemaking in the Federal Register. Requires agencies issuing a rule to notify the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) and publish a notice of proposed rulemaking in the Federal Register which shall include: (1) a text of the proposed rule; (2) a summary of rulemaking considerations; and (3) for any major rule or high-impact rule, a preliminary determination that the benefits of the proposed rule justify its costs and a discussion of the costs and benefits of alternatives to the rule. Provides similar notice requirements when an agency adopts a final rule. Expands agency requirements for allowing opportunities for public comment. Sets forth requirements for providing public hearings for high-impact and major rules and for petitioning for the issuance, amendment, or repeal of a rule. Requires agencies, in a rulemaking for a major rule or high-impact rule, to adopt the least costly rule considered that meets relevant statutory objectives. Requires the Administrator to establish and update guidelines for the assessment of: (1) the costs and benefits of proposed and final rules, and (2) other economic issues and risk assessments that are relevant to rulemaking. Revises the scope of judicial review to prohibit review of a determination of whether a rule is a major rule and to establish a substantial evidence standard for affirming agency rulemaking decisions. Sets forth criteria for issuing major guidance (agency guidance that is likely to lead to an annual cost on the economy of $100 million or more, a major increase in cost or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or ability to compete).

113 S1029 IS: Regulatory Accountability Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1029 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Portman Mr. Pryor Ms. Collins Mr. Nelson Mr. Cornyn Mr. Manchin Ms. Ayotte Mr. King Mr. Johanns Committee on Homeland Security and Governmental Affairs A BILL To reform the process by which Federal agencies analyze and formulate new regulations and guidance documents. 1. Short title This Act may be cited as the Regulatory Accountability Act of 2013 2. Definitions Section 551 (1) in paragraph (13), by striking and (2) in paragraph (14), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (15) guidance (16) high-impact rule (17) major rule (A) a cost on the economy in any 1 year of $100,000,000 or more, adjusted annually for inflation; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, local, or tribal government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; (18) major guidance (A) a cost on the economy in any 1 year of $100,000,000 or more, adjusted annually for inflation; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, local or tribal government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; and (19) Office of Information and Regulatory Affairs section 3503 . 3. Rulemaking Section 553 (1) in subsection (a), by striking (a) This section applies (a) Applicability (2) by striking subsections (b) through (e) and inserting the following: (b) Rulemaking considerations In a rulemaking, an agency shall consider, in addition to other applicable considerations, the following: (1) The legal authority under which a rule may be proposed, including whether rulemaking is required by statute or is within the discretion of the agency. (2) The nature and significance of the problem the agency intends to address with a rule. (3) Whether existing Federal laws or rules have created or contributed to the problem the agency may address with a rule and, if so, whether those Federal laws or rules could be amended or rescinded to address the problem in whole or in part. (4) A reasonable number of alternatives for a new rule, including any substantial alternatives or other responses identified by interested persons. (5) For any major rule or high-impact rule, the potential costs and benefits associated with potential alternative rules and other responses considered under paragraph (4), including an analysis of— (A) the nature and degree of risks addressed by the rule and the countervailing risks that might be posed by agency action; (B) direct, indirect, and cumulative costs and benefits; and (C) estimated impacts on jobs, competitiveness, and productivity. (c) Initiation of rulemaking (1) Notice for major and high-impact rules When an agency determines to initiate a rulemaking that may result in a major rule or high-impact rule, the agency shall— (A) establish an electronic docket for that rulemaking, which may have a physical counterpart; and (B) publish a notice of initiation of rulemaking in the Federal Register, which shall— (i) briefly describe the subject, the problem to be solved, and the objectives of the rule; (ii) reference the legal authority under which the rule would be proposed; (iii) invite interested persons to propose alternatives for accomplishing the objectives of the agency in the most effective manner and with the lowest cost; and (iv) indicate how interested persons may submit written material for the docket. (2) Accessibility All information provided to the agency under paragraph (1) shall be promptly placed in the docket and made accessible to the public. (d) Notice of proposed rulemaking (1) In general If an agency determines that the objectives of the agency require the agency to issue a rule, the agency shall notify the Administrator of the Office of Information and Regulatory Affairs and publish a notice of proposed rulemaking in the Federal Register, which shall include— (A) a statement of the time, place, and nature of any public rulemaking proceedings; (B) reference to the legal authority under which the rule is proposed; (C) the text of the proposed rule; (D) a summary of information known to the agency concerning the considerations specified in subsection (b); and (E) for any major rule or high impact-rule— (i) a reasoned preliminary determination that the benefits of the proposed rule justify the costs of the proposed rule; and (ii) a discussion of— (I) the costs and benefits of alternatives considered by the agency under subsection (b), as determined by the agency at its discretion or provided under subsection (c) by a proponent of an alternative; (II) whether those alternatives meet relevant statutory objectives; and (III) the reasons why the agency did not propose any of those alternatives. (2) Accessibility Not later than the date of publication of the notice of proposed rulemaking by an agency under paragraph (1), all data, studies, models, and other information considered by the agency, and actions by the agency to obtain information, in connection with the determination of the agency to propose the rule, shall be placed in the docket for the proposed rule and made accessible to the public. (3) Public comment (A) After publishing a notice of proposed rulemaking, the agency shall provide interested persons an opportunity to participate in the rulemaking through the submission of written material, data, views, or arguments with or without opportunity for oral presentation, except that— (i) if a public hearing is convened under subsection (e), reasonable opportunity for oral presentation shall be provided at the public hearing under the requirements of subsection (e); and (ii) when, other than under subsection (e), a rule is required by statute or at the discretion of the agency to be made on the record after opportunity for an agency hearing, sections 556 and 557 shall apply, and the petition procedures of subsection (e) shall not apply. (B) The agency shall provide not less than 60 days, or 90 days in the case of a proposed major rule or proposed high-impact rule, for interested persons to submit written material, data, views, or arguments. (4) Expiration of notice (A) Except as provided in subparagraph (B), a notice of proposed rulemaking shall, 2 years after the date on which the notice is published in the Federal Register, be considered as expired and may not be used to satisfy the requirements of subsection (d). (B) An agency may, at the sole discretion of the agency, extend the expiration of a notice of proposed rulemaking under subparagraph (A) for a 1 year period by publishing a supplemental notice in the Federal Register explaining why the agency requires additional time to complete the rulemaking. (e) Public hearing for high-Impact rules (1) Petition for public hearing (A) (i) Before the close of the comment period for any proposed high-impact rule, any interested person may petition the agency to hold a public hearing in accordance with this subsection. (ii) Not later than 30 days after receipt of a petition made pursuant to clause (i), the agency shall grant the petition if the petition shows that— (I) the proposed rule is based on conclusions with respect to one or more specific scientific, technical, economic or other complex factual issues that are genuinely disputed; and (II) the resolution of those disputed factual issues would likely have an effect on the costs and benefits of the proposed rule. (B) If the agency denies a petition under this subsection in whole or in part, it shall include in the rulemaking record an explanation for the denial sufficient for judicial review, including— (i) findings by the agency that there is no genuine dispute as to the factual issues raised by the petition; or (ii) a reasoned determination by the agency that the factual issues raised by the petition, even if subject to genuine dispute, will not have an effect on the costs and benefits of the proposed rule. (2) Notice of hearing Not later than 45 days before any hearing held under this subsection, the agency shall publish in the Federal Register a notice specifying the proposed rule to be considered at the hearing and the factual issues to be considered at the hearing. (3) Hearing procedure (A) A hearing held under this subsection shall be limited to the specific factual issues raised in the petition or petitions granted in whole or in part under paragraph (1) and any other factual issues the resolution of which the agency, in its discretion, determines will advance its consideration of the proposed rule. (B) (i) Except as otherwise provided by statute, the proponent of the rule has the burden of proof in a hearing held under this subsection. Any documentary or oral evidence may be received, but the agency as a matter of policy shall provide for the exclusion of immaterial or unduly repetitious evidence. (ii) To govern hearings held under this subsection, each agency shall adopt rules that provide for— (I) the appointment of an agency official or administrative law judge to preside at the hearing; (II) the presentation by interested parties of relevant documentary or oral evidence, unless the evidence is immaterial or unduly repetitious; (III) a reasonable and adequate opportunity for cross-examination by interested parties concerning genuinely disputed factual issues raised by the petition, provided that in the case of multiple interested parties with the same or similar interests, the agency may require the use of common counsel where the common counsel may adequately represent the interests that will be significantly affected by the proposed rule; and (IV) the provision of fees and costs under the circumstances described in section 6(c)(4) of the Toxic Substances Control Act ( 15 U.S.C. 2605(c)(4) (C) The transcript of testimony and exhibits, together with all papers and requests filed in the hearing, shall constitute the exclusive record for decision of the factual issues addressed in a hearing held under this subsection. (4) Petition for public hearing for major rules In the case of any major rule, any interested person may petition for a hearing under this subsection on the grounds and within the time limitation set forth in paragraph (1). The agency may deny the petition if the agency reasonably determines that a hearing would not advance the consideration of the proposed rule by the agency or would, in light of the need for agency action, unreasonably delay completion of the rulemaking. The petition and the decision of the agency with respect to the petition shall be included in the rulemaking record. (5) Judicial review (A) Failure to petition for a hearing under this subsection shall not preclude judicial review of any claim that could have been raised in the hearing petition or at the hearing. (B) There shall be no judicial review of the disposition of a petition by an agency under this subsection until judicial review of the final action of the agency. (f) Final rules (1) Cost of major or high-impact rule (A) Except as provided in subparagraph (B), in a rulemaking for a major rule or high-impact rule, the agency shall adopt the least costly rule considered during the rulemaking that meets relevant statutory objectives. (B) The agency may adopt a rule that is more costly than the least costly alternative that would achieve the relevant statutory objectives only if— (i) the additional benefits of the more costly rule justify its additional costs; and (ii) the agency explains why the agency adopted a rule that is more costly than the least costly alternative, based on interests that are within the scope of the statutory provision authorizing the rule. (2) Publication of notice of final rulemaking When the agency adopts a final rule, the agency shall publish a notice of final rulemaking in the Federal Register, which shall include— (A) a concise, general statement of the basis and purpose of the rule; (B) a reasoned determination by the agency regarding the considerations specified in subsection (c); (C) in a rulemaking for a major rule or high-impact rule, a reasoned determination by the agency that the benefits of the rule advance the relevant statutory objectives and justify the costs of the rule; (D) in a rulemaking for a major rule or high-impact rule, a reasoned determination by the agency that— (i) no alternative considered would achieve the relevant statutory objectives at a lower cost than the rule; or (ii) the adoption by the agency of a more costly rule complies with paragraph (2)(B); and (E) a response to each significant issue raised in the comments on the proposed rule. (3) Information quality If an agency rulemaking rests upon scientific, technical, or economic information, the agency shall adopt a rule only on the basis of the best available scientific, technical, or economic information. (4) Accessibility Not later than the date of publication of the rule, all data, studies, models, and other information considered by the agency, and actions by the agency to obtain information in connection with its adoption of the rule, shall be placed in the docket for the rule and made accessible to the public. (5) Rules adopted at the end of a Presidential administration (A) During the 60-day period beginning on a transitional inauguration day (as defined in section 3349a), with respect to any final rule that had been placed on file for public inspection by the Office of the Federal Register or published in the Federal Register as of the date of the inauguration, but which had not yet become effective by the date of the inauguration, the agency issuing the rule may, by order, delay the effective date of the rule for not more than 90 days for the purpose of obtaining public comment on whether the rule should be amended or rescinded or its effective date further delayed. (B) If an agency delays the effective date of a rule under subparagraph (A), the agency shall give the public not less than 30 days to submit comments. (g) Applicability of this section (1) In general Except as otherwise provided by law, this section does not apply to guidance or rules of agency organization, procedure, or practice. (2) Adoption of interim rules (A) If an agency for good cause finds, and incorporates the finding and a brief statement of reasons for the finding in the rule issued, that compliance with subsection (c), (d), or (e) or requirements to render final determinations under subsection (f) before the issuance of an interim rule is unnecessary, such subsections and requirements under subsection (f) shall not apply and the agency may issue a final rule. (B) If an agency for good cause finds, and incorporates the finding and a brief statement of reasons for the finding in the rule issued, that compliance with subsection (c), (d), or (e) or requirements to render final determinations under subsection (f) before the issuance of an interim rule is impracticable or contrary to the public interest, such subsections and requirements under subsection (f) shall not apply to the adoption of an interim rule by the agency. (C) If, following compliance with subparagraph (B), an agency adopts an interim rule, the agency shall commence proceedings that fully comply with subsections (c) through (f) immediately upon publication of the interim rule. Not less than 270 days from publication of the interim rule, or 18 months in the case of a major rule or high-impact rule, the agency shall complete rulemaking in accordance with subsections (c) through (f) and take final action to adopt a final rule or rescind the interim rule. If the agency fails to take timely final action under this subparagraph, the interim rule shall cease to have the effect of law. (h) Date of publication of rule A rule shall be published not less than 30 days before the effective date of the rule, except— (1) for a rule that grants or recognizes an exemption or relieves a restriction; (2) for guidance; or (3) as otherwise provided by an agency for good cause and as published with the rule. (i) Right To petition and review of rules (1) Each agency shall give interested persons the right to petition for the issuance, amendment, or repeal of a rule. (2) Each agency shall, on a continuing basis, invite interested persons to submit, by electronic means, suggestions for rules that warrant retrospective review and possible modification or repeal. (j) Rulemaking guidelines (1) Assessment of rules (A) The Administrator of the Office of Information and Regulatory Affairs (in this subsection referred to as the Administrator (i) the costs and benefits of proposed and final rules; (ii) other economic issues that are relevant to rulemaking under this section or other sections of this title; and (iii) risk assessments that are relevant to rulemaking under this section and other sections of this title. (B) The rigor of cost-benefit analysis required by the guidelines established under subparagraph (A) shall be commensurate, as determined by the Administrator, with the economic impact of the rule. Guidelines for risk assessment shall include criteria for selecting studies and models, evaluating and weighing evidence, and conducting peer reviews. (C) The Administrator shall regularly update guidelines established under subparagraph (A) to enable agencies to use the best available techniques to quantify and evaluate present and future benefits, costs, other economic issues, and risks as objectively and accurately as practicable. (2) Simplification of rules The Administrator may issue guidelines to promote coordination, simplification, and harmonization of agency rules during the rulemaking process. The guidelines shall advise each agency to avoid regulations that are inconsistent or incompatible with, or duplicative of, other regulations of the agency and those of other Federal agencies, and to draft its regulations to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from the uncertainty. (3) Consistency in rulemaking (A) To promote consistency in Federal rulemaking, the Administrator shall— (i) issue guidelines to ensure that rulemaking conducted in whole or in part under procedures specified in provisions of law other than those under this subchapter conform with the procedures set forth in this section to the fullest extent allowed by law; and (ii) issue guidelines for the conduct of hearings under subsection (e), which shall provide a reasonable opportunity for cross-examination. (B) Each agency shall adopt regulations for the conduct of hearings consistent with the guidelines issued under this paragraph. (k) Exemption for monetary policy Nothing in subsection (b)(5), (d)(1)(E), (e), (f)(1), (f)(2)(C), or (f)(2)(D) shall apply to a rulemaking that concerns monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. . 4. Scope of review Section 706 (1) by striking To the extent necessary In general (2) by adding at the end the following: (b) Judicial review The determination of whether a rule is a major rule within the meaning of subparagraphs (B) and (C) of section 551(17) shall not be subject to judicial review. (c) Statement of policy Agency guidance that does not interpret a statute or regulation shall be reviewable only under subsection (a)(2)(D). (d) Agency interpretation of rules The weight that a court shall give an interpretation by an agency of its own rule shall depend on the thoroughness evident in its consideration, the validity of its reasoning, and its consistency with earlier and later pronouncements. (e) Standard of review A court shall review— (1) the denial of a petition by an agency under section 553(e) for whether the denial was based on substantial evidence; and (2) any petition for review of a high-impact rule under the substantial evidence standard, regardless of whether a hearing was held under section 553(e). . 5. Agency guidance; procedures to issue major guidance; presidential authority to issue guidelines for issuance of guidance Section 553 (l) Agency guidance; procedures To issue major guidance; authority To issue guidelines for issuance of guidance (1) Agency guidance shall— (A) not be used by an agency to foreclose consideration of issues as to which the document expresses a conclusion; (B) state that it is not legally binding; and (C) at the time it is issued or upon request, be made available by the issuing agency to interested persons and the public. (2) Before issuing any major guidance, an agency shall— (A) make and document a reasoned determination that— (i) such guidance is understandable and complies with relevant statutory objectives and regulatory provisions; and (ii) identifies the costs and benefits, including all costs to be considered during a rulemaking under subsection (b), of requiring conduct conforming to such guidance and assures that such benefits justify such costs; and (B) confer with the Administrator of the Office of Information and Regulatory Affairs on the issuance of the major guidance to assure that the guidance is reasonable, understandable, consistent with relevant statutory and regulatory provisions and requirements or practices of other agencies, does not produce costs that are unjustified by the benefits of the major guidance, and is otherwise appropriate. (3) The Administrator of the Office of Information and Regulatory Affairs shall issue updated guidelines for use by the agencies in the issuance of guidance documents. The guidelines shall advise each agency not to issue guidance documents that are inconsistent or incompatible with, or duplicative of, other regulations of the agency and those of other Federal agencies, and to draft its guidance documents to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from the uncertainty. . 6. Added definition Section 701(b) of title 5, United States Code, is amended— (1) in paragraph (1)(H), by striking and (2) in paragraph (2), by striking the period at the end, and inserting ; and (3) by adding at the end the following: (3) substantial evidence . 7. Effective date The amendments made by this Act to sections 553, 556, 701(b), 704, 706(b)(4), 706(b)(5), and 706(c) of title 5, United States Code, shall not apply to any rulemakings pending or completed on the date of enactment of this Act.

Regulatory Accountability Act of 2013

Family and Retirement Health Investment Act of 2013 - Amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to allow: spouses who have both attained age 55 to make increased catch-up contributions to the same HSA; Medicare Part A (hospital insurance benefits) beneficiaries to participate in an HSA; Medicare beneficiaries participating in an Archer medical savings account designated as a Medicare Advantage MSA to contribute to an HSA; veterans eligible for service-connected disability benefits and individuals eligible for Indian health service assistance to participate in an HSA; individuals eligible to receive benefits under certain TRICARE plans to participate in an HSA; participants in flexible spending arrangement or a health reimbursement arrangement to contribute to an HSA; payments from an HSA for prescription and over-the-counter medicine or drugs; the use of HSAs to purchase certain health insurance coverage and long-term care insurance; payment of certain medical expenses from an HSA incurred before the establishment of an HSA; and individuals who receive primary care services for a fixed periodic fee to participate in an HSA. Amends the bankruptcy code to treat HSAs as tax-exempt individual retirement accounts (IRAs) for purposes of exempting them from creditor claims. Reauthorizes the use of Medicaid health opportunity accounts. Treats membership in a tax-exempt health care sharing ministry as coverage under a high deductible health plan for purposes of the tax deduction for contributions to an HSA. Amends the Patient Protection and Affordable Care Act (PPACA) to treat a high deductible health plan in which an enrollee has established an HSA as a qualified health plan. Amends the Public Health Service Act to exempt from lifetime limits on the dollar value of benefits for any participant in or beneficiary of a group health plan any health reimbursement arrangement which permits the purchase of a qualified health plan through a state health insurance exchange established under PPACA. Treats as medical care for purposes of the tax deduction for medical expenses certain exercise equipment and physical fitness programs, nutritional and dietary supplements, and periodic fees paid to a primary physician, physician assistant, or nurse practitioner. Repeals provisions of PPACA that impose annual limitations on deductibles for health plans offered in the small group market.

113 S1031 IS: Family and Retirement Health Investment Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1031 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Hatch Mr. Rubio Mr. Barrasso Mr. Inhofe Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to improve access to health care through expanded health savings accounts, and for other purposes. 1. Short title, etc (a) Short title This Act may be cited as the Family and Retirement Health Investment Act of 2013 (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents is as follows: Sec. 1. Short title, etc. TITLE I—Provisions relating to tax-preferred health accounts Sec. 101. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 102. Provisions relating to Medicare. Sec. 103. Individuals eligible for veterans benefits for a service-connected disability. Sec. 104. Individuals eligible for Indian Health Service assistance. Sec. 105. Individuals eligible for TRICARE coverage. Sec. 106. FSA and HRA interaction with HSAs. Sec. 107. Allowance of distributions for prescription and over-the-counter medicines and drugs. Sec. 108. Purchase of health insurance from HSA account. Sec. 109. Special rule for certain medical expenses incurred before establishment of account. Sec. 110. Preventive care prescription drug clarification. Sec. 111. Equivalent bankruptcy protections for health savings accounts as retirement funds. Sec. 112. Administrative error correction before due date of return. Sec. 113. Reauthorization of medicaid health opportunity accounts. Sec. 114. Members of health care sharing ministries eligible to establish health savings accounts. Sec. 115. High deductible health plans renamed HSA qualified plans. Sec. 116. Treatment of direct primary care service arrangements. Sec. 117. High deductible health plans with HSAs treated as qualified health plans. Sec. 118. Certain stand-alone HRAs not subject to prohibition on annual limits. TITLE II—Other provisions Sec. 121. Certain exercise equipment and physical fitness programs treated as medical care. Sec. 122. Certain nutritional and dietary supplements to be treated as medical care. Sec. 123. Certain provider fees to be treated as medical care. Sec. 124. Repeal of annual limitations on deductibles for employer-sponsored plans offered in small group market. I Provisions relating to tax-preferred health accounts 101. Allow both spouses to make catch-up contributions to the same HSA account (a) In general Paragraph (3) of section 223(b) is amended by adding at the end the following new subparagraph: (C) Special rule where both spouses are eligible individuals with 1 account If— (i) an individual and the individual's spouse have both attained age 55 before the close of the taxable year, and (ii) the spouse is not an account beneficiary of a health savings account as of the close of such year, the additional contribution amount shall be 200 percent of the amount otherwise determined under subparagraph (B). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 102. Provisions relating to Medicare (a) Individuals over age 65 only enrolled in Medicare Part A Paragraph (7) of section 223(b) is amended by adding at the end the following: This paragraph shall not apply to any individual during any period for which the individual's only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a)(1) of such Act. (b) Medicare beneficiaries participating in Medicare advantage MSA may contribute their own money to their MSA (1) In general Subsection (b) of section 138 is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (2) Conforming amendment Paragraph (4) of section 138(c) is amended by striking and paragraph (2) (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 103. Individuals eligible for veterans benefits for a service-connected disability (a) In general Paragraph (1) of section 223(c) is amended by adding at the end the following new subparagraph: (C) Special rule for individuals eligible for certain veterans benefits For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives periodic hospital care or medical services for a service-connected disability under any law administered by the Secretary of Veterans Affairs but only if the individual is not eligible to receive such care or services for any condition other than a service-connected disability. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 104. Individuals eligible for Indian Health Service assistance (a) In general Paragraph (1) of section 223(c), as amended by section 103, is amended by adding at the end the following new subparagraph: (D) Special rule for individuals eligible for assistance under Indian Health Service programs For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives hospital care or medical services under a medical care program of the Indian Health Service or of a tribal organization. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 105. Individuals eligible for TRICARE coverage (a) In general Paragraph (1) of section 223(c), as amended by sections 103 and 104, is amended by adding at the end the following new subparagraph: (E) Special rule for individuals eligible for assistance under tricare For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual is eligible to receive hospital care, medical services, or prescription drugs under TRICARE Extra or TRICARE Standard and such individual is not enrolled in TRICARE Prime. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 106. FSA and HRA interaction with HSAs (a) Eligible individuals include FSA and HRA participants Subparagraph (B) of section 223(c)(1) is amended— (1) by striking and (2) by striking the period at the end of clause (iii) and inserting , and (3) by inserting after clause (iii) the following new clause: (iv) coverage under a health flexible spending arrangement or a health reimbursement arrangement in the plan year a qualified HSA distribution as described in section 106(e) is made on behalf of the individual if after the qualified HSA distribution is made and for the remaining duration of the plan year, the coverage provided under the health flexible spending arrangement or health reimbursement arrangement is converted to— (I) coverage that does not pay or reimburse any medical expense incurred before the minimum annual deductible under paragraph (2)(A)(i) (prorated for the period occurring after the qualified HSA distribution is made) is satisfied, (II) coverage that, after the qualified HSA distribution is made, does not pay or reimburse any medical expense incurred after the qualified HSA distribution is made other than preventive care as defined in paragraph (2)(C), (III) coverage that, after the qualified HSA distribution is made, pays or reimburses benefits for coverage described in clause (ii) (but not through insurance or for long-term care services), (IV) coverage that, after the qualified HSA distribution is made, pays or reimburses benefits for permitted insurance or coverage described in clause (ii) (but not for long-term care services), (V) coverage that, after the qualified HSA distribution is made, pays or reimburses only those medical expenses incurred after an individual’s retirement (and no expenses incurred before retirement), or (VI) coverage that, after the qualified HSA distribution is made, is suspended, pursuant to an election made on or before the date the individual elects a qualified HSA distribution or, if later, on the date of the individual enrolls in a high deductible health plan, that does not pay or reimburse, at any time, any medical expense incurred during the suspension period except as defined in the preceding subclauses of this clause. . (b) Qualified HSA distribution shall not affect flexible spending arrangement Paragraph (1) of section 106(e) is amended to read as follows: (1) In general A plan shall not fail to be treated as a health flexible spending arrangement under this section, section 105, or section 125, or as a health reimbursement arrangement under this section or section 105, merely because such plan provides for a qualified HSA distribution. . (c) FSA balances at year end shall not forfeit Paragraph (2) of section 125(d) is amended by adding at the end the following new subparagraph: (E) Exception for qualified HSA distributions Subparagraph (A) shall not apply to the extent that there is an amount remaining in a health flexible spending account at the end of a plan year that an individual elects to contribute to a health savings account pursuant to a qualified HSA distribution (as defined in section 106(e)(2)). . (d) Simplification of limitations on FSA and HRA rollovers Paragraph (2) of section 106(e) is amended to read as follows: (2) Qualified HSA distribution (A) In general The term qualified HSA distribution (i) the balance in such arrangement as of the date of such distribution, or (ii) the amount determined under subparagraph (B). Such term shall not include more than 1 distribution with respect to any arrangement. (B) Dollar limitations (i) Distributions from a health flexible spending arrangement A qualified HSA distribution from a health flexible spending arrangement shall not exceed the applicable amount. (ii) Distributions from a health reimbursement arrangement A qualified HSA distribution from a health reimbursement arrangement shall not exceed— (I) the applicable amount divided by 12, multiplied by (II) the number of months during which the individual is a participant in the health reimbursement arrangement. (iii) Applicable amount For purposes of this subparagraph, the applicable amount is— (I) $2,250 in the case of an eligible individual who has self-only coverage under a high deductible health plan at the time of such distribution, and (II) $4,500 in the case of an eligible individual who has family coverage under a high deductible health plan at the time of such distribution. . (e) Elimination of additional tax for failure To maintain high deductible health plan coverage Subsection (e) of section 106 is amended— (1) by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively, and (2) by striking subparagraph (A) of paragraph (3), as so redesignated, and redesignating subparagraphs (B) and (C) of such paragraph as subparagraphs (A) and (B) thereof, respectively. (f) Limited purpose FSAs and HRAs Subsection (e) of section 106, as amended by this section, is amended by adding at the end the following new paragraph: (5) Limited purpose FSAs and HRAs A plan shall not fail to be a health flexible spending arrangement or health reimbursement arrangement under this section or section 105 merely because the plan converts coverage for individuals who enroll in a high deductible health plan described in section 223(c)(2) to coverage described in section 223(c)(1)(B)(iv). Coverage for such individuals may be converted as of the date of enrollment in the high deductible health plan, without regard to the period of coverage under the health flexible spending arrangement or health reimbursement arrangement, and without requiring any change in coverage to individuals who do not enroll in a high deductible health plan. . (g) Distribution amounts adjusted for cost-of-Living Subsection (e) of section 106, as amended by this section, is amended by adding at the end the following new paragraph: (6) Cost-of-living adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2013, each of the dollar amounts in paragraph (2)(B)(iii) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2012 calendar year 1992 (B) Rounding If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. . (h) Disclaimer of disqualifying coverage Subparagraph (B) of section 223(c)(1), as amended by this section, is amended— (1) by striking and (2) by striking the period at the end of clause (iv) and inserting , and (3) by inserting after clause (iv) the following new clause: (v) any coverage (including prospective coverage) under a health plan that is not a high deductible health plan which is disclaimed in writing, at the time of the creation or organization of the health savings account, including by execution of a trust described in subsection (d)(1) through a governing instrument that includes such a disclaimer, or by acceptance of an amendment to such a trust that includes such a disclaimer. . (i) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 107. Allowance of distributions for prescription and over-the-counter medicines and drugs (a) HSAs Section 223(d)(2)(A) is amended by striking the last sentence thereof and inserting the following: Such term shall include an amount paid for any prescription or over-the-counter medicine or drug. (b) Archer MSAs Section 220(d)(2)(A) is amended by striking the last sentence thereof and inserting the following: Such term shall include an amount paid for any prescription or over-the-counter medicine or drug. (c) Health flexible spending arrangements and health reimbursement arrangements Subsection (f) of section 106 is amended to read as follows: (f) Reimbursements for all medicines and drugs For purposes of this section and section 105, reimbursement for expenses incurred for any prescription or over-the-counter medicine or drug shall be treated as a reimbursement for medical expenses. . (d) Effective date (1) Distributions from savings accounts The amendments made by subsections (a) and (b) shall apply to amounts paid with respect to taxable years beginning after December 31, 2012. (2) Reimbursements The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2012. 108. Purchase of health insurance from HSA account (a) In general Paragraph (2) of section 223(d) is amended to read as follows: (2) Qualified medical expenses (A) In general The term qualified medical expenses (B) Health insurance may not be purchased from account Except as provided in subparagraph (C), subparagraph (A) shall not apply to any payment for insurance. (C) Exceptions Subparagraph (B) shall not apply to any expense for coverage under— (i) a health plan during any period of continuation coverage required under any Federal law, (ii) a qualified long-term care insurance contract (as defined in section 7702B(b)), (iii) a health plan during any period in which the individual is receiving unemployment compensation under any Federal or State law, (iv) a high deductible health plan, or (v) any health insurance under title XVIII of the Social Security Act, other than a Medicare supplemental policy (as defined in section 1882 of such Act). . (b) Effective date The amendment made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date. 109. Special rule for certain medical expenses incurred before establishment of account (a) In general Paragraph (2) of section 223(d), as amended by section 108, is amended by adding at the end the following new subparagraph: (D) Certain medical expenses incurred before establishment of account treated as qualified An expense shall not fail to be treated as a qualified medical expense solely because such expense was incurred before the establishment of the health savings account if such expense was incurred— (i) during either— (I) the taxable year in which the health savings account was established, or (II) the preceding taxable year in the case of a health savings account established after the taxable year in which such expense was incurred but before the time prescribed by law for filing the return for such taxable year (not including extensions thereof), and (ii) for medical care of an individual during a period that such individual was covered by a high deductible health plan and met the requirements of subsection (c)(1)(A)(ii) (after application of subsection (c)(1)(B)). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 110. Preventive care prescription drug clarification (a) Clarify use of drugs in preventive care Subparagraph (C) of section 223(c)(2) is amended by adding at the end the following: Preventive care shall include prescription and over-the-counter drugs and medicines which have the primary purpose of preventing the onset of, further deterioration from, or complications associated with chronic conditions, illnesses, or diseases. (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2003. 111. Equivalent bankruptcy protections for health savings accounts as retirement funds (a) In general Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: (r) Treatment of health savings accounts For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code. . (b) Effective date The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. 112. Administrative error correction before due date of return (a) In general Paragraph (4) of section 223(f) is amended by adding at the end the following new subparagraph: (D) Exception for administrative errors corrected before due date of return Subparagraph (A) shall not apply if any payment or distribution is made to correct an administrative, clerical or payroll contribution error and if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 113. Reauthorization of medicaid health opportunity accounts (a) In general Section 1938 of the Social Security Act ( 42 U.S.C. 1396u–8 (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) Initial demonstration The demonstration program under this section shall begin on January 1, 2007. The Secretary shall approve States to conduct demonstration programs under this section for a 5-year period, with each State demonstration program covering one or more geographic areas specified by the State. With respect to a State, after the initial 5-year period of any demonstration program conducted under this section by the State, unless the Secretary finds, taking into account cost-effectiveness and quality of care, that the State demonstration program has been unsuccessful, the demonstration program may be extended or made permanent in the State. ; and (B) in paragraph (3), in the matter preceding subparagraph (A)— (i) by striking not (ii) by striking unless if (2) in subsection (b)— (A) in paragraph (3), by inserting clause (i) through (vii), (viii) (without regard to the amendment made by section 2004(c)(2) of Public Law 111–148 described in (B) by striking paragraphs (4), (5), and (6); (3) in subsection (c)— (A) by striking paragraphs (3) and (4); (B) by redesignating paragraphs (5) through (8) as paragraphs (3) through (6), respectively; and (C) in paragraph (4) (as redesignated by subparagraph (B)), by striking Subject to subparagraphs (D) and (E) Subject to subparagraph (D) (4) in subsection (d)— (A) in paragraph (2), by striking subparagraph (E); and (B) in paragraph (3)— (i) in subparagraph (A)(ii), by striking Subject to subparagraph (B)(ii), in In (ii) by striking subparagraph (B) and inserting the following: (B) Maintenance of health opportunity account after becoming ineligible for public benefit Notwithstanding any other provision of law, if an account holder of a health opportunity account becomes ineligible for benefits under this title because of an increase in income or assets— (i) no additional contribution shall be made into the account under paragraph (2)(A)(i); and (ii) the account shall remain available to the account holder for 3 years after the date on which the individual becomes ineligible for such benefits for withdrawals under the same terms and conditions as if the account holder remained eligible for such benefits, and such withdrawals shall be treated as medical assistance in accordance with subsection (c)(4). . (b) Conforming amendment Section 613 of Public Law 111–3 114. Members of health care sharing ministries eligible to establish health savings accounts (a) In general Section 223 is amended by adding at the end the following new subsection: (i) Application to health care sharing ministries For purposes of this section, membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be treated as coverage under a high deductible health plan. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 115. High deductible health plans renamed HSA qualified plans (a) In general Section 223, as amended by this Act, is amended by striking high deductible health plan HSA qualified health plan (b) Conforming amendments (1) Section 106(e), as amended by this Act, is amended by striking high deductible health plan HSA qualified health plan (2) The heading for paragraph (2) of section 223(c) is amended by striking High deductible health plan HSA qualified health plan (3) Section 408(d)(9) is amended— (A) by striking high deductible health plan HSA qualified health plan (B) by striking High deductible health plan HSA qualified health plan 116. Treatment of direct primary care service arrangements (a) In general Section 223(c) is amended by adding at the end the following new paragraph: (6) Treatment of direct primary care service arrangements An arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee— (A) shall not be treated as a health plan for purposes of paragraph (1)(A)(ii), and (B) shall not be treated as insurance for purposes of subsection (d)(2)(B). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 117. High deductible health plans with HSAs treated as qualified health plans Section 1301 of the Patient Protection and Affordable Care Act is amended by adding at the end the following new subsection: (e) High deductible health plan with health savings account A health plan not providing a bronze, silver, gold, or platinum level of coverage shall be treated as meeting the requirements of subsection (d) with respect to any plan year for any enrollee if the plan meets the requirements for a high deductible health plan under section 223(c)(2) . 118. Certain stand-alone HRAs not subject to prohibition on annual limits Section 2711(a) of the Public Health Service Act ( 42 U.S.C. 300gg–11(a) (3) Exception for health reimbursement arrangements Paragraph (1)(A) shall not apply to any health reimbursement arrangement which permits the purchase of a qualified health plan through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act. . II Other provisions 201. Certain exercise equipment and physical fitness programs treated as medical care (a) In general Subsection (d) of section 213 is amended by adding at the end the following new paragraph: (12) Exercise equipment and physical fitness programs (A) In general The term medical care (i) to purchase or use equipment used in a program (including a self-directed program) of physical exercise, (ii) to participate, or receive instruction, in a program of physical exercise, and (iii) for membership dues in a fitness club the primary purpose of which is to provide access to equipment and facilities for physical exercise. (B) Limitation Amounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 202. Certain nutritional and dietary supplements to be treated as medical care (a) In general Subsection (d) of section 213, as amended by section 201, is amended by adding at the end the following new paragraph: (13) Nutritional and dietary supplements (A) In general The term medical care (B) Limitation Amounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year. (C) Meal replacement product For purposes of this paragraph, the term meal replacement product (i) is permitted to bear labeling making a claim described in section 403(r)(3) of the Federal Food, Drug, and Cosmetic Act, and (ii) is permitted to claim under such section that such product is low in fat and is a good source of protein, fiber, and multiple essential vitamins and minerals. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 203. Certain provider fees to be treated as medical care (a) In general Subsection (d) of section 213, as amended by sections 201 and 202, is amended by adding at the end the following new paragraph: (14) Periodic provider fees The term medical care . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 204. Repeal of annual limitations on deductibles for employer-sponsored plans offered in small group market Section 1302(c)(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148

Family and Retirement Health Investment Act of 2013

Better Enforcement for Sexual Assault Free Environments Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ) to repeal the authority of a convening authority (the person taking action on the findings of a court-martial) to use discretion to either set aside a finding of guilty or change such finding to a finding of guilty to a lesser included offense. Requires a convening authority, when changing a charge with respect to a qualifying offense, to prepare a written explanation of such action, which shall be made part of the record. Defines a "qualifying offense" as one for which the maximum sentence of confinement does not exceed two years and for which the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months. Prohibits a convening authority from reducing a sentence to less than the mandatory minimum sentence, except to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense. Requires a convening authority who disapproves, commutes, or suspends a sentence, in whole or in part, to prepare a detailed written explanation therefor, which shall be made part of the record. Allows a complaining witness to be given an opportunity to submit matters for consideration by the convening authority in the clemency phase of a court-martial. Requires such submission to be made within 10 days after receiving matters for such consideration from the accused. Allows such period to be extended by up to an additional 20 days for good cause shown. Requires mandatory dismissal or dishonorable discharge of a person found guilty under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof. Requires: (1) a request by a defense counsel in an action under the UCMJ to interview a complaining witness to be placed through trial counsel; and (2) any such interview to take place in the presence of trial counsel, counsel for the witness, or outside counsel. Eliminates any statute of limitations with respect to UCMJ actions for sexual assault of a child. Authorizes the Secretary of the military department concerned to provide guidance for commanders regarding their authority to make determinations, and to take action, regarding whether a member of the Armed Forces (member) serving on active duty who is alleged to have committed a sexual assault or other sex-related offense should be temporarily reassigned or removed from a position of authority or assignment in order to maintain order and discipline within the member's unit. Requires the commanding officer of a member filing an unrestricted report on a sexual assault, within eight days after the filing of such report, to brief specified officers in that member's chain of command on the incident. Directs the Secretary concerned to designate legal counsel (knows as a Victims' Counsel) to provide legal assistance to a member or dependent who is the victim of a sex-related offense, whether the allegation is restricted (confidential) or unrestricted. Requires enhanced training for all military and civilian attorneys providing such assistance. Requires the Secretary of Defense (DOD) to report to the congressional defense committees on: (1) sentencing guidelines and mandatory minimum sentencing provisions under the UCMJ, and (2) the roles of commanders in the administration of military justice and the investigation, prosecution, and adjudication of UCMJ offenses.

113 S1032 IS: Better Enforcement for Sexual Assault Free Environments Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1032 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mrs. McCaskill Ms. Collins Mrs. Shaheen Mr. Blunt Ms. Klobuchar Committee on Armed Services A BILL To amend title 10, United States Code, to make certain improvements in the Uniform Code of Military Justice related to sex-related offenses committed by members of the Armed Forces, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Better Enforcement for Sexual Assault Free Environments Act of 2013 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Limitations on convening authority discretion regarding court-martial findings and sentence. Sec. 3. Participation by complaining witnesses in clemency phase of courts-martial process. Sec. 4. Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial. Sec. 5. Defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel. Sec. 6. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes. Sec. 7. Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense. Sec. 8. Briefings of commanding officers following unrestricted reports of sexual assault on members of the Armed Forces. Sec. 9. Victims’ Counsel for victims of sex-related offenses committed by members of the Armed Forces and related provisions. Sec. 10. Secretary of Defense report on sentencing reform. Sec. 11. Secretary of Defense report on role of commanders in military justice process. 2. Limitations on convening authority discretion regarding court-martial findings and sentence (a) Elimination of unlimited command prerogative and discretion Paragraph (1) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended by striking the first sentence. (b) Limitations on discretion regarding court-Martial findings Paragraph (3) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended to read as follows: (3) (A) Action on the findings of a court-martial by the convening authority or by another person authorized to act under this section is not required. (B) If a convening authority or other person acts on the findings of a court-martial, the convening authority or other person may not— (i) dismiss any charge or specification, other than a charge or specification for a qualifying offense, by setting aside a finding of guilty thereto; or (ii) change a finding of guilty to a charge or specification, other than a charge or specification for a qualifying offense, to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. (C) If a convening authority or other person acts on the findings to dismiss or change any charge or specification for a qualifying offense, the convening authority or other person shall prepare a written explanation of such action. Such written explanation shall be immediately provided and made a part of the record of the court-martial at the time the action is taken and becomes effective. (D) (i) In this paragraph, the term qualifying offense (I) the maximum sentence of confinement that may be adjudged does not exceed two years; and (II) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months. (ii) Such term does not include the following: (I) An offense under section 920 of this title (article 120). (II) An offense under section 928 of this title (article 128), if such offense consisted of assault consummated by battery upon child under 16 years of age. (III) An offense under section 934 of this title (article 134), if such offense consisted of indecent language communicated to child under the age of 16 years. (IV) Such other offenses as the Secretary of Defense may prescribe by regulation. . (c) Limitations of discretion To modify an adjudged sentence to less than mandatory minimum sentence Section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice) is amended— (1) in paragraph (2), by striking The convening authority (B) Except as provided in paragraph (4), the convening authority ; and (2) by adding at the end the following new paragraph: (4) If a mandatory minimum sentence exists for a charge, the convening authority or another person authorized to act under this section may not modify an adjudged sentence to reduce the sentence to less than the mandatory minimum sentence, except that, upon the recommendation of the trial counsel, the convening authority or other person shall have the authority to impose a sentence below a level established by statute as a minimum sentence so as to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense. . (d) Explanation for any decision disapproving, commuting, or suspending court-Martial sentence Section 860(c)(2) of title 10, United States Code (article 60(c)(2) of the Uniform Code of Military Justice), as amended by subsection (c)(1), is further amended— (1) by inserting (A) (2) (2) by adding at the end the following new subparagraph: (C) If the convening authority or other person makes a decision to disapprove, commute, or suspend the sentence in whole or in part, the convening authority or such person shall prepare a detailed written explanation of such action. Such written explanation shall be immediately provided and made a part of the record of the court-martial at the time the action is taken and becomes effective. . (e) Conforming amendment to other authority for convening authority To suspend sentence Section 871(d) of such title (article 71(d) of the Uniform Code of Military Justice) is amended by adding at the end the following new sentence: Paragraphs (2) and (4) of subsection (c) of section 860 of this title (article 60) shall apply to any decision by the convening authority or such person to suspend the execution of any sentence or part thereof under this subsection. (f) Effective date The amendments made by this section shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to findings and sentences of courts-martial reported to convening authorities under section 860 3. Participation by complaining witnesses in clemency phase of courts-martial process Section 860(b) (5) (A) If an accused elects to submit matters for consideration by the convening authority under this subsection, a copy of any portion of such matters that refers to a complaining witness shall be provided to the complaining witness before the convening authority takes any action on the findings or sentence under this section. (B) (i) Upon receipt of matters under this paragraph, a complaining witness shall have 10 days to submit materials in response to such matters to the convening authority. (ii) If a complaining witness shows that additional time is required for submission of materials under this subparagraph, the convening authority or other person taking action under this section, for good cause, may extend the applicable period for submission of such materials for not more than an additional 20 days. (6) In any case in which findings and sentence have been adjudged for an offense involving a complaining witness, the complaining witness shall be provided an opportunity to submit matters to the convening authority for consideration prior to taking action under this section. (7) The convening authority shall not consider under this section any submitted matters that go to the character of a complaining witness unless such matters were presented at the court-martial. . 4. Mandatory discharge or dismissal for certain sex-related offenses under the Uniform Code of Military Justice and trial of such offenses by general courts-martial (a) Mandatory discharge or dismissal required (1) Imposition Section 856 (A) by inserting (a) The punishment (B) by adding at the end the following new subsection: (b) (1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge. (2) Paragraph (1) applies to the following offenses: (A) An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)). (B) Forcible sodomy under section 925 of this title (article 125). (C) An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80). . (2) Clerical amendments (A) Section heading The heading of such section is amended to read as follows: 856. Art. 56. Maximum and minimum limits . (B) Table of sections The table of sections at the beginning of subchapter VIII of chapter 47 of such title is amended by striking the item relating to section 856 and inserting the following new item: 856. Art 56. Maximum and minimum limits. . (b) Jurisdiction limited to general courts-Martial Section 818 of such title (article 18 of the Uniform Code of Military Justice) is amended— (1) by inserting (a) (2) in the third sentence, by striking However, a general court-martial (b) A general court-martial ; and (3) by adding at the end the following new subsection: (c) Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)). . (c) Effective date The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. 5. Defense counsel interview of complaining witnesses in presence of trial counsel or outside counsel Section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended— (1) by inserting (a) Opportunity To obtain witnesses and other evidence The trial counsel (2) by striking Process issued (c) Process Process issued ; and (3) by inserting after subsection (a), as designated by paragraph (1), the following new subsection (b): (b) Interview of complaining witnesses by defense counsel (1) Upon notice by trial counsel to defense counsel of the name and address of the complaining witness or witnesses trial counsel intends to call to testify in any portion of an investigation under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make all requests to interview any such complaining witness through trial counsel. (2) If requested by a complaining witness subject to a request for interview under paragraph (1), any interview of the witness by defense counsel shall take place only in the presence of trial counsel, counsel for the witness, or outside counsel. . 6. Elimination of five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes (a) Inclusion of additional offenses Section 843(a) of title 10, United States Code (article 43(a) of the Uniform Code of Military Justice) is amended by striking rape, or rape of a child rape or sexual assault, or rape or sexual assault of a child (b) Conforming amendment Section 843(b)(2)(B)(i) of title 10, United States Code (article 43(b)(2)(B)(i) of the Uniform Code of Military Justice) is amended by inserting before the period at the end the following: , unless the offense is covered by subsection (a) (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to an offense covered by section 920(b) or 920b(b) of title 10, United States Code (article 120(b) or 120b(b) of the Uniform Code of Military Justice) that is committed on or after that date. 7. Consideration of need for, and authority to provide for, temporary administrative reassignment or removal of a member on active duty who is accused of committing a sexual assault or related offense (a) In general Chapter 39 of title 10, United States Code, is amended by inserting after section 673 the following new section: 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense (a) Guidance for timely consideration and action The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed a sexual assault or other sex-related offense covered by section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit. (b) Time for determinations A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 673 the following new item: 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense. . (c) Additional training requirement for commanders The Secretary of Defense shall provide for inclusion of information and discussion regarding the availability and use of the authority provided by section 674 Public Law 112–81 8. Briefings of commanding officers following unrestricted reports of sexual assault on members of the Armed Forces (a) Briefings required Not later than eight days after a member of the Armed Forces files an unrestricted report on a sexual assault of such member, the commanding officer of the member filing such report shall provide a briefing on such incident to the following: (1) The first colonel, or captain in the case of the Navy, in the chain of command of such member. (2) The first general or flag officer in the chain of command of such member. (b) Elements (1) In general A briefing on an incident under subsection (a) shall include the following: (A) Information on the victim (other than the name of the victim). (B) Information on the alleged offender (other than the name of the alleged offender). (C) The details of the incident. (D) Any actions taken in connection with the incident, including the following: (i) Referral of the victim to any services available for members of the Armed Forces who are victims of sexual assault, including the date of each such referral. (ii) Any investigation of the incident, including the date of any significant action in connection any such investigation. (2) Modification The Secretary of Defense may modify the elements required in a briefing under this section if the Secretary determines that such modification will facilitate compliance of briefings under this section with best practices for such briefing as identified by the Sexual Assault Prevention and Response Office of the Department of Defense. (c) Preparation The collection and assembly of any information required for a briefing under this section shall be conducted by a Sexual Assault Response Coordinator. Information required for a briefing may not be collected or assembled through an investigation or interview of the victim by any commanding officer of the victim. (d) Regulations The Secretary of Defense shall prescribe regulations to carry out this section. 9. Victims’ Counsel for victims of sex-related offenses committed by members of the Armed Forces and related provisions (a) Designation and duties (1) In general Chapter 53 of title 10, United States Code, is amended by inserting after section 1044d the following new section: 1044e. Victims' Counsel for victims of sex-related offenses committed by members of the armed forces (a) Designation; purposes Under regulations prescribed by the Secretary of Defense, the Secretary concerned shall designate legal counsel (to be known as Victims’ Counsel (b) Types of legal assistance The types of legal assistance contemplated by this subsection may include the following: (1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services. (2) Legal consultation regarding the Victim Witness Assistance Program (VWAP), including— (A) the rights and benefits afforded the victim; (B) the role of the Victim/Witness Advocate or Liaison and what privileges do or do not exist between the victim and the Advocate or Liaison; and (C) the nature of communication made to the Victim/Witness Advocate or Liaison as opposed to communication made to the Legal Assistance Attorney. (3) Legal consultation regarding the potential for civil litigation against other parties (other than the Department of Defense). (4) Legal consultation regarding any proceedings of the military justice process that the victim may observe. (5) Legal consultation regarding the military justice system, including— (A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators; (B) any proceedings of the military justice process in which the victim may observe or participate as a witness or other party; (C) the Government’s authority to compel cooperation and testimony; and (D) the victim’s responsibility to testify, and other duties to the court. (6) Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense. (7) Legal consultation regarding— (A) services available from appropriate agencies or offices for emotional and mental health counseling and other medical services; (B) eligibility for and requirements for obtaining any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title and other State and Federal victims’ compensation programs; and (C) the availability of, and any protections offered by, civilian and military restraining orders. (8) Legal consultation and assistance in personal civil legal matters in accordance with section 1044 of this title. (9) Such other legal assistance as the Secretary concerned may specify under this subsection. (c) Qualifications An individual may not be designated as a Victims’ Counsel under this section unless the individual is— (1) a judge advocate or a civilian attorney serving as a legal assistance attorney who is a graduate of an accredited law school and is a member of the bar of a Federal court or of the highest court of a State; and (2) is certified as competent to be designated as a Victims’ Counsel by the Judge Advocate General of the Armed Force of which the individual is a member. (d) Administrative responsibility Under such regulations as may be prescribed by the Secretary concerned, the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Victims’ Counsel. (e) Sex-Related offense defined In this subsection, a sex-related offense (1) any offense covered by section 920, 920a, 920b, 920c, or 925 (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or (2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). (f) Availability of victims’ counsel A member of the armed forces, or a dependent of a member, or any other individual eligible for military legal assistance under section 1044 of this title, who is the victim of an alleged sex-related offense shall be provided assistance by a Victims’ Counsel upon report of an allegation of a sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection. The assistance of a Victims’ Counsel under this subsection shall be available to a member or a dependent regardless of whether the member or dependent elects unrestricted or restricted reporting of the sex-related offense. The member or dependent shall also be informed that the assistance of the Victims’ Counsel is an option and may be declined, in whole or in part, at any time. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1044d the following new item: 1044e. Victims' Counsel for victims of sexual assault-related offenses committed by members of the armed forces. . (3) Conforming amendment Section 1044(d)(2)(B) of this title is amended by striking and 1044d 1044d, and 1044e (b) Enhanced Training Requirement The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, within the guidelines provided by the Secretary of Defense, in-depth and advanced training for all military and civilian attorneys assigned under section 1044 1044e (c) Secretary of Defense reporting requirement (1) Report required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report outlining how the Armed Forces have implemented the requirements of section 1044e (2) Additional submission requirement The report required by paragraph (1) shall also be submitted to the Independent Review Panels established by section 576 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (d) Additional duties for independent review panel The Independent Review Panel established by section 576(a)(1) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) An assessment of the roles, responsibilities, and authorities of the Victims’ Counsel to provide legal assistance to victims of sex-related offenses under section 1044e (2) An assessment of whether the roles, responsibilities, and authorities of the Victims’ Counsel to provide legal assistance to victims of sex-related offenses under such section should be expanded to include legal standing to represent the alleged victim during investigative and military justice proceedings in connection with the prosecution of a sex-related offense. 10. Secretary of Defense report on sentencing reform (a) Reports required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on sentencing guidelines and mandatory minimum sentencing provisions under the Uniform Code of Military Justice. (b) Contents of report The report required by subsection (a) shall include the following: (1) An assessment of the effects of mandatory minimum sentencing provisions under the Uniform Code of Military Justice on the goal of eliminating unwarranted sentencing disparity and other goals of sentencing. (2) An assessment of the penalties imposed by the current mandatory minimum sentences in relation to the offenses for which imposed under the Uniform Code of Military Justice. (3) A description of the interaction between mandatory minimum sentencing provisions under the Uniform Code of Military Justice and plea agreements. (4) An assessment of the appropriateness of statutorily mandated minimum sentencing provisions for additional serious offenses under the Uniform Code of Military Justice. (5) An assessment of the advisory sentencing guidelines used in civilian courts and whether it would be advisable to promulgate sentencing guidelines for use in courts-martial. (6) Any other information that the Secretary of Defense determines would contribute to a thorough assessment of sentencing guidelines and mandatory minimum sentencing provisions under the Uniform Code of Military Law. 11. Secretary of Defense report on role of commanders in military justice process Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an assessment of the current role of commanders in the administration of military justice and the investigation, prosecution, and adjudication of offenses under the Uniform Code of Military Justice. Specifically, the Secretary of Defense shall assess the post-trial authority of a commander under section 860

Better Enforcement for Sexual Assault Free Environments Act of 2013

National Defense Authorization Act for Fiscal Year 2014 - Authorizes appropriations for the Department of Defense (DOD) for FY2014. Authorizes appropriations to DOD for: (1) procurement, including aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, other procurement, and purchases under the Defense Production Act of 1950; (2) research, development, test, and evaluation; (3) operation and maintenance; (4) active and reserve military personnel; (5) the Afghanistan Security Forces Fund; (6) Working Capital Funds; (7) the National Defense Sealift Fund; (8) the Joint Urgent Operational Needs Fund; (9) chemical agents and munitions destruction; (10) drug interdiction and counter-drug activities; (11) the Defense Inspector General; (12) the Defense Health Program; (13) the Armed Forces Retirement Home; (14) overseas contingency operations, including the Joint Improvised Explosive Device Defeat Fund; (15) the North Atlantic Treaty Organization (NATO) Security Investment Program; (16) Guard and reserve forces facilities; and (17) base closure and realignment activities. Sets forth provisions or requirements concerning: (1) military personnel policy, including education and training; (2) military pay and allowances; (3) military health care; (4) acquisition policy and management; (5) DOD organization and management; (6) financial matters, including counter-drug activities; (7) civilian personnel matters; (8) matters relating to foreign nations, including assistance and training; and (9) matters relating to military construction and military family housing. Directs the Secretary of the Navy to establish southern sea otter military readiness areas. Provides procedures for the judicial review of decisions concerning the correction of military personnel records. Provides civil remedies for DOD and the National Aeronautics and Space Administration (NASA) for losses resulting from the submission of false or fraudulent claims and statements. Authorizes the Secretary of the Air Force to operate the Inter-European Air Forces Academy. Revises or adds overseas servicemember voting rights and authorities under the Uniformed and Overseas Absentee Voting Act. Military Construction Authorization Act for Fiscal Year 2014 - Authorizes appropriations for FY2014 for military construction for the Armed Forces and defense agencies. Defense Base Closure and Realignment Act of 2013 - Establishes the Defense Base Closure and Realignment Commission to provide a process for the closure and realignment of U.S. military installations.

113 S1034 IS: National Defense Authorization Act for Fiscal Year 2014 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1034 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Levin Mr. Inhofe Committee on Armed Services A BILL To authorize appropriations for fiscal year 2014 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes. 1. Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2014 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into two divisions as follows: (1) Division A Department of Defense Authorizations. (2) Division B Military Construction Authorizations. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. DIVISION A—Department of Defense authorizations TITLE I—Procurement Subtitle A—Authorization of appropriations Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. Defense Production Act purchases. Subtitle B—Specific programs Sec. 111. Multiyear procurement authority for E–2D aircraft program. Sec. 112. Modification to cost cap for CVN–78 aircraft carrier. Sec. 113. Clarification of limitations on retirement of B–52 bomber aircraft. Sec. 114. Repeal of limitation on retirement of KC–135E aircraft. Sec. 115. Multiyear procurement authority for C–130J aircraft program. TITLE II—Research, development, test, and evaluation Sec. 201. Authorization of appropriations. Sec. 202. Five-year extension of pilot program to include technology protection features during research and development of certain defense systems. TITLE III—Operation and maintenance Subtitle A—Authorization of appropriations Sec. 301. Operation and maintenance funding. Subtitle B—Program matters Sec. 311. Extension of authority of Secretary of Transportation to issue non-premium aviation insurance. Sec. 312. Five-year reauthorization of Vessel War Risk Insurance program. Sec. 313. Repeal of provision of law relating to acquisition policy when Department of Defense is obtaining carriage by vessel. Sec. 314. Revision to requirement for annual submission of information regarding information technology capital assets. Sec. 315. Authorized expenses in connection with humanitarian and civic assistance activities provided in conjunction with military operations. Sec. 316. Authority to utilize concession contracts at Army national cemeteries. Sec. 317. Five-year reauthorization of authority to provide certain other agencies the Department of Defense reimbursement rate. Sec. 318. Southern Sea Otter Military Readiness Areas. TITLE IV—Military personnel authorizations Subtitle A—Active forces Sec. 401. End strengths for active forces. Subtitle B—Reserve forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2014 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of appropriations Sec. 421. Military personnel. TITLE V—Military personnel authorizations Subtitle A—Officer personnel policy Sec. 501. Information to be provided to boards considering officers for selective early removal from the reserve active-status list. Subtitle B—Reserve component management Sec. 511. Removal of restrictions on the transfer of officers to the inactive National Guard. Sec. 512. Pilot program to allow establishment of active status and inactive status lists of members in the inactive National Guard. Sec. 513. Forum for processing of complaints of wrongful discrimination by National Guard military technicians (dual status). Sec. 514. Authority for increase in number of Air Force Reserve military technicians (dual status) who may be assigned to positions outside Air Force Reserve unit program. Subtitle C—Education and training Sec. 521. Extension of educational assistance for members of the Selective Reserve who are involuntarily separated. Sec. 522. Authority for joint professional military education Phase II instruction and credit to be offered and awarded through the senior level course of the School of Advanced Military Studies of the United States Army Command and General Staff College. Sec. 523. Modification of eligibility for associate degree programs under the Community College of the Air Force. Subtitle D—Administrative Procedure Sec. 531. Procedures for judicial review of military personnel decisions relating to correction of military records. Subtitle E—Decorations and Awards Sec. 541. Repeal of limitation on number of medals of honor that may be awarded to a member of the Armed Forces. Sec. 542. Standardization of time-limits for recommending and awarding a medal of honor, service cross, or distinguished-service medal across the Armed Forces. Sec. 543. Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. Subtitle F—Other Matters Sec. 551. Authority to provide certain expenses for care and disposition of human remains that were retained by the Department of Defense for forensic pathology investigation. Sec. 552. Expansion of privileged information provision to debriefing reports of certain recovered persons who were never placed in a missing status. Sec. 553. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing. Sec. 554. Family support programs for immediate family members of special operations forces members. Sec. 555. Limitation on authority of convening authority to review findings of a court-martial. Sec. 556. Revision to certain definitions relating to families of servicemembers for purposes of family and medical leave. Sec. 557. Enhanced role for department of justice under military lending act. TITLE VI—Compensation and other personnel benefits Subtitle A—Pay and Allowances Sec. 601. Increase in military basic pay for fiscal year 2014. Sec. 602. Extension of temporary Army authority to provide additional recruitment incentives. Subtitle B—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C—Disability, Retired Pay, and Survivor Benefits Sec. 621. Overpayments of division of pay as a result of retroactive change in disposable retired pay. Sec. 622. Reinstatement of temporary special retirement qualification authority for members of the Selected Reserve of the reserve components of the Air Force with 15 years of qualifying service. TITLE VII—Health care provisions Sec. 701. Revisions to TRICARE cost sharing requirements. Sec. 702. Requirement for medicare participating physician or supplier to accept TRICARE and Veterans Affairs participating rates. Sec. 703. Elimination of mandatory weighting of certain factors in determining best value for awarding health care contracts. TITLE VIII—Acquisition policy, acquisition management, and related matters Sec. 801. Clarification of scope of supplies covered by statutory rapid acquisition authority. Sec. 802. Program fraud civil remedies statute for the Department of Defense and the National Aeronautics and Space Administration. Sec. 803. Reduction in costs to report critical changes to major automated information system programs. Sec. 804. Modification of reporting requirement for Department of Defense business system acquisition programs when initial operating capability is not achieved within five years of Milestone A approval. Sec. 805. Timeliness rules for filing bid protests at the United States Court of Federal Claims. Sec. 806. Exception to internal controls for procurement of necessary property and services by the Department of Defense and Department of Veterans Affairs Interagency Program Office. Sec. 807. Enhanced transfer of technology developed at Department of Defense laboratories. Sec. 808. Extension of authority for program to award prizes for advanced technology achievements. Sec. 809. Revisions to eligibility for, and amount of, financial assistance under Department of Defense Science, Mathematics, and Research for Transformation Program. Sec. 810. Modification of purposes for which Department of Defense Acquisition Workforce Development Fund may be used. Sec. 811. Extension of prohibition on contracting with the enemy in the United States Central Command theater of operations. Sec. 812. Extension of authority for additional access to contractor and subcontractor records in the United States Central Command theater of operations. Sec. 813. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. Sec. 814. Extension of special emergency procurement authority to procurements in support of operations performed by special operations forces outside continental United States. Sec. 815. Extension of special emergency procurement authority. Sec. 816. Enhancement of agency authority to evaluate contractor data and of Defense Contract Audit Agency subpoena authority. Sec. 817. Alternative to requirement for conduct of preliminary design review before Milestone B approval for Major Defense Acquisition Programs. Sec. 818. Limitation on allowable Government contractor compensation costs. TITLE IX—Department of Defense organization and management Sec. 901. Clarification of the order of precedence for the Principal Deputy Under Secretaries of Defense. Sec. 902. Update of statutory specification of functions of the Chairman of the Joint Chiefs of Staff relating to doctrine, training, and education. Sec. 903. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. Sec. 904. Transfer of administration of Ocean Research Advisory Panel From Department of the Navy to National Oceanic and Atmospheric Administration. Sec. 905. Change to reference to the major Department of Defense headquarters activities issuance. Sec. 906. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense Regional Centers for Security Studies. TITLE X—General provisions Subtitle A—Financial Matters Sec. 1001. Enhancement of Department of Defense capabilities to deter and respond to contractor fraud. Sec. 1002. Pilot program for the temporary exchange of financial management personnel. Subtitle B—Naval Vessels Sec. 1011. Repeal of policy relating to propulsion systems of any new class of major combatant vessels of the strike forces of the United States Navy. Sec. 1012. Repeal of requirements relating to procurement of future surface combatants. Sec. 1013. Clarification of sole ownership resulting from ship donations at no cost to the Navy. Subtitle C—Counter-Drug Activities Sec. 1021. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia. Sec. 1022. Revisions to Department of Defense authority to provide support for counter-drug activities of other agencies. Sec. 1023. Extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments. Sec. 1024. Extension of authority for joint task forces to provide support to law enforcement agencies. Subtitle D—Other Matters Sec. 1031. Management of Department of Defense installations. Sec. 1032. Clarification of procedures for use of alternate members on military commissions. Sec. 1033. Repeal and modification of reporting requirements. Sec. 1034. Mt. Soledad Veterans Memorial transfer. Sec. 1035. Repeal of certain National Defense Authorization Act reporting requirements. TITLE XI—Civilian personnel matters Sec. 1101. Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals. Sec. 1102. Extension of voluntary reduction-in-force authority for civilian employees of Department of Defense. Sec. 1103. Flexibility in employment and compensation of civilian faculty at Defense Institute for Security Assistance Management and At Joint Special Operations University. Sec. 1104. Extension of authority to make lump sum severance payments to Department of Defense employees. Sec. 1105. Modernization of titles of nonappropriated fund instrumentalities for purposes of civil service laws. Sec. 1106. Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the Armed Forces. Sec. 1107. Authority to waive annual limitations on premium and aggregate pay for certain Federal civilian employees working overseas. Sec. 1108. Authority to employ civilian faculty members at Inter-American Defense College. TITLE XII—Matters relating to foreign nations Sec. 1201. Authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction. Sec. 1202. Authority to provide unreimbursed defense services in connection with the transfer of excess defense articles in Afghanistan. Sec. 1203. Five-year extension of authorization for non-conventional assisted recovery capabilities. Sec. 1204. Increase in annual limitation on transfer of excess defense articles. Sec. 1205. Revision of statutory references to former NATO support organizations and related NATO agreements. Sec. 1206. Five-year extension of the Iraqi special immigrant visa program. Sec. 1207. Five-year extension of the Afghan special immigrant visa program. Sec. 1208. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability. Sec. 1209. Extension of authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense. Sec. 1210. Modification and extension of authorities relating to program to build the capacity of foreign military forces. Sec. 1211. Support for NATO Special Operations Headquarters. Sec. 1212. Afghanistan security forces fund. Sec. 1213. Training with security forces of friendly foreign countries. Sec. 1214. Revisions to Global Security Contingency Fund authority. Sec. 1215. Inter-European Air Forces Academy. TITLE XIII—Other authorizations Subtitle A—Military Programs Sec. 1301. Working capital funds. Sec. 1302. National Defense Sealift Fund. Sec. 1303. Joint Urgent Operational Needs Fund. Sec. 1304. Chemical Agents and Munitions Destruction, Defense. Sec. 1305. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1306. Defense Inspector General. Sec. 1307. Defense Health Program. Subtitle B—National Defense Stockpile Sec. 1311. Authority to acquire additional materials for the National Defense Stockpile. Subtitle C—Other Matters Sec. 1321. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1322. Authorization of appropriations for Armed Forces Retirement Home. TITLE XIV—Uniformed and Overseas Citizens Absentee Voting Act Amendments Sec. 1401. Pre-election reporting requirements on availability and transmission of absentee ballots. Sec. 1402. Transmission requirements; repeal of waiver provision. Sec. 1403. Clarification of state responsibility, civil penalties, and private right of action. Sec. 1404. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot. Sec. 1405. Treatment of ballot requests. Sec. 1406. Inclusion of Northern Mariana Islands in the definition of State Sec. 1407. Requirement for Presidential designee to revise the Federal post card application to allow voters to designate ballot requests. Sec. 1408. Requirement of plurality vote for Virgin Islands and Guam Federal elections. Sec. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program. TITLE XV—Authorization of additional appropriations for overseas contingency operations Subtitle A—Authorization of Additional Appropriations Sec. 1501. Purpose. Sec. 1502. Army procurement. Sec. 1503. Joint Improvised Explosive Device Defeat Fund. Sec. 1504. Navy and Marine Corps procurement. Sec. 1505. Air Force procurement. Sec. 1506. Joint Urgent Operational Needs Fund. Sec. 1507. Defense-wide activities procurement. Sec. 1508. Research, development, test, and evaluation. Sec. 1509. Operation and maintenance. Sec. 1510. Military personnel. Sec. 1511. Working capital funds. Sec. 1512. Defense Health Program. Sec. 1513. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1514. Defense Inspector General. Subtitle B—Limitations and Other Matters Sec. 1521. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1522. Extension of authority to support operations and activities of the Office of Security Cooperation-Iraq. Sec. 1523. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan. Sec. 1524. Extension of Commanders Emergency Response Program in Afghanistan. Sec. 1525. One-year extension of authority to use funds for reintegration activities in Afghanistan. Sec. 1526. Extension of authority for Task Force for Business and Stability Operations in Afghanistan. DIVISION B—Military construction authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. TITLE XXI—Army military construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2004 project. Sec. 2105. Modification of authority to carry out certain fiscal year 2011 project. Sec. 2106. Modification of authority to carry out certain fiscal year 2010 project. Sec. 2107. Extension of authorizations of certain fiscal year 2010 projects. Sec. 2108. Extension of authorizations of certain fiscal year 2011 projects. TITLE XXII—Navy military construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification of authority to carry out certain fiscal year 2011 project. Sec. 2206. Modification of authority to carry out certain fiscal year 2012 project. Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects. Sec. 2208. Extension of authorizations of certain fiscal year 2011 project. TITLE XXIII—Air Force military construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Extension of authorizations of certain fiscal year 2011 project. TITLE XXIV—Defense Agencies military construction Subtitle A—Defense Agency Authorizations Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized energy conservation projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Subtitle B—Chemical Demilitarization Authorizations Sec. 2411. Authorization of appropriations, chemical demilitarization construction, Defense-wide. TITLE XXV—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. TITLE XXVI—Guard and Reserve forces facilities Subtitle A—Project Authorizations and Authorization of Appropriations Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Subtitle B—Other Matters Sec. 2611. Modification of authority to carry out certain fiscal year 2013 project. Sec. 2612. Extension of authorization of certain fiscal year 2011 project. Sec. 2613. Extension of authorization of certain fiscal year 2011 project. TITLE XXVII—Base realignment and closure activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. TITLE XXVIII—Military construction general provisions Subtitle A—Military Construction Program Changes Sec. 2801. Revisions to minor military construction authorities. Sec. 2802. Change in authorities relating to unspecified minor construction. Sec. 2803. Change in authorities relating to scope of work variations for military construction projects. Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States. Subtitle B—Real Property and Facilities Administration Sec. 2811. Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements. Sec. 2812. Application of cash payments received for utilities and services. Sec. 2813. Acquisition of real property at Naval Base Ventura County, California. Sec. 2814. Authority to plan, design, construct or lease shared medical facilities with Department of Veterans Affairs. Sec. 2815. Change from calendar year to fiscal year for annual report of Interagency Coordination Group of Inspectors General for Guam Realignment. Sec. 2816. Promotion of interagency cooperation to conserve land and natural resources and sustain military readiness. Subtitle C—Land Withdrawals Sec. 2821. Military land withdrawals and codification of statutory provisions relating to China Lake, Limestone Hills, Chocolate Mountain, and Twentynine Palms. Sec. 2822. Fort Bliss military land withdrawal. Subtitle D—Other matters Sec. 2831. Modification of amount authorized for military construction project, Andersen Air Force Base, Guam. TITLE XXIX—Defense base closure and realignment Sec. 2901. Short title and purpose. Sec. 2902. The Commission. Sec. 2903. Procedure for making recommendations for base closures and realignments. Sec. 2904. Closure and realignment of military installations. Sec. 2905. Implementation. Sec. 2906. Department of Defense Base Closure Account 2013. Sec. 2907. Reports. Sec. 2908. Congressional consideration of commission report. Sec. 2909. Restriction on other base closure authority. Sec. 2910. Definitions. Sec. 2911. Treatment as a base closure law for purposes of other provisions of law. Sec. 2912. Conforming amendments. A Department of Defense authorizations I Procurement A Authorization of appropriations 101. Army Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Army as follows: (1) For aircraft, $5,024,387,000. (2) For missiles, $1,334,083,000. (3) For weapons and tracked combat vehicles, $1,597,267,000. (4) For ammunition, $1,540,437,000. (5) For other procurement, $6,465,218,000. 102. Navy and Marine Corps (a) Fiscal year 2014 Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Navy and Marine Corps as follows: (1) For aircraft, $17,927,651,000. (2) For weapons, including missiles and torpedoes, $3,122,193,000. (3) For shipbuilding and conversion, $14,077,804,000. (4) For other procurement, $6,310,257,000. (5) For procurement, Marine Corps, $1,343,511,000. (6) For ammunition procurement, Navy and Marine Corps, $589,267,000. (b) Authorization of advance appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 in the amount of $952,739,000 for Shipbuilding and Conversion, Navy, for procurement of a Virginia class submarine. 103. Air Force Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Air Force as follows: (1) For aircraft, $11,398,901,000. (2) For ammunition, $759,442,000. (3) For missiles, $5,343,286,000. (4) For other procurement, $16,760,581,000. 104. Defense-wide activities Funds are hereby authorized to be appropriated for fiscal year 2014 for Defense-wide procurement in the amount of $4,534,083,000. 105. Defense Production Act purchases Funds are hereby authorized to be appropriated for fiscal year 2014 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $25,135,000. B Specific programs 111. Multiyear procurement authority for E–2D aircraft program (a) Authority for multiyear procurement Subject to section 2306b (b) Condition for out-Year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2014 is subject to the availability of appropriations for that purpose for such later fiscal year. 112. Modification to cost cap for CVN–78 aircraft carrier (a) Cost cap baseline Subsection (a)(1) of section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 $10,500,000,000 $12,887,000,000 (b) Additional factor for adjustment of limitation amount Subsection (b) of such section is amended by adding at the end the following new paragraph: (7) The amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program. . (c) Hull number Such section is further amended by striking CVN–21 CVN–78 113. Clarification of limitations on retirement of B–52 bomber aircraft Section 131(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 Public Law 110–181 in a common capability configuration 114. Repeal of limitation on retirement of KC–135E aircraft Section 135(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 Public Law 110–417 115. Multiyear procurement authority for C–130J aircraft program (a) Authority for multiyear procurement Subject to section 2306b (b) Condition for out-Year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2014 is subject to the availability of appropriations for that purpose for such later fiscal year. II Research, development, test, and evaluation 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $7,989,102,000. (2) For the Navy, $15,974,780,000. (3) For the Air Force, $25,702,946,000. (4) For Defense-wide activities, $17,667,108,000. (5) For the Director of Operational Test and Evaluation, $186,300,000. 202. Five-year extension of pilot program to include technology protection features during research and development of certain defense systems Section 243(d) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 October 1, 2015 October 1, 2020 III Operation and maintenance A Authorization of appropriations 301. Operation and maintenance funding Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $35,073,077,000. (2) For the Navy, $39,945,237,000. (3) For the Marine Corps, $6,254,650,000. (4) For the Air Force, $37,270,842,000. (5) For Defense-wide activities, $32,997,693,000. (6) For the Army Reserve, $3,095,036,000. (7) For the Navy Reserve, $1,197,752,000. (8) For the Marine Corps Reserve, $263,317,000. (9) For the Air Force Reserve, $3,164,607,000. (10) For the Army National Guard, $7,054,196,000. (11) For the Air National Guard, $6,566,004,000. (12) For the United States Court of Appeals for the Armed Forces, $13,606,000. (13) For the Department of Defense Acquisition Workforce Development Fund, $256,031,000. (14) For Environmental Restoration, Army, $298,815,000. (15) For Environmental Restoration, Navy, $316,103,000. (16) For Environmental Restoration, Air Force, $439,820,000. (17) For Environmental Restoration, Defense-wide, $10,757,000. (18) For Environmental Restoration, Formerly Used Defense Sites, $237,443,000. (19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $109,500,000. (20) For Cooperative Threat Reduction programs, $528,455,000. (21) For Overseas Contingency Operations Transfer Fund, $5,000,000. B Program matters 311. Extension of authority of Secretary of Transportation to issue non-premium aviation insurance Section 44310 of title 49, United States Code, is amended— (1) by inserting (a) In general The authority (2) by striking this chapter any provision of this chapter other than section 44305 (3) by adding at the end the following new subsection: (b) Insurance of united states government property The authority of the Secretary of Transportation to provide insurance and reinsurance for a department, agency, or instrumentality of the United States Government under section 44305 is not effective after December 31, 2018. . 312. Five-year reauthorization of Vessel War Risk Insurance program Section 53912 December 31, 2015 December 31, 2020 313. Repeal of provision of law relating to acquisition policy when Department of Defense is obtaining carriage by vessel Section 1017 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 314. Revision to requirement for annual submission of information regarding information technology capital assets Section 351(a)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 in excess of $30,000,000 (as computed in fiscal year 2000 constant dollars) in excess of $32,000,000 or an estimated total cost for the future-years defense program for which the budget is submitted (as computed in fiscal year 2000 constant dollars) in excess of $378,000,000, for all expenditures, for all increments, regardless of the appropriation and fund source, directly related to the assets definition, design, development, deployment, sustainment, and disposal. 315. Authorized expenses in connection with humanitarian and civic assistance activities provided in conjunction with military operations (a) Coverage of certain travel, transportation, and subsistence expenses Section 401(c) of title 10, United States Code, is amended by inserting after paragraph (1) the following new paragraph (2): (2) Expenses covered by paragraph (1) include travel, transportation, and subsistence expenses of Department of Defense personnel for purposes of evaluating the scope of a humanitarian or civic assistance activity under this section or conducting assessments of such activities, except that the total value of such expenses incurred with respect to any activity may not exceed 10 percent of the activity value. . (b) Clerical amendment Such section is further amended by redesignating paragraph (4) as paragraph (3). 316. Authority to utilize concession contracts at Army national cemeteries (a) In general Chapter 446 4727. Cemetery concessions contracts (a) In general The Secretary of the Army may enter into concessions contracts at the Cemeteries. Subject to this section, any such contract shall be consistent with the provisions of chapter 137 of this title. (b) Special requirements All services and concessioner conduct provided pursuant to a concessions contract under subsection (a) shall be performed in a manner and to standards that fully honor the service and sacrifices of the deceased members of the armed forces. The Secretary may establish such concessions contract requirements as the Secretary deems necessary to ensure the protection, dignity, and solemnity of the Cemeteries. (c) Term of concessions contracts (1) In general A concessions contract entered into under subsection (a) may be awarded for a term of up to 10 years. If the Secretary determines that the contract terms and conditions, including any required construction of capital improvements, warrant a longer term, the Secretary may award a contract for a term of up to 20 years. (2) Transportation services Notwithstanding paragraph (1), a concessions contract entered into pursuant to subsection (a) solely for the provision of transportation services at the Cemeteries may provide for the contract to cover any period up to five years and may extend the contract period for one or more successive periods pursuant to an option provided in the contract or a modification of the contract. The total contract period as extended may not exceed 10 years. (d) Franchise fees A concessions contract shall provide for payment to the government of a franchise fee or such other monetary consideration as determined by the Secretary. Generation of revenue for the United States shall be subordinate to the objectives of honoring the service and sacrifices of the deceased members of the armed forces and of providing necessary and appropriate services for visitors at reasonable rates. (e) Special account All franchise fees (and other monetary consideration) under subsection (d) paid to the United States pursuant to concessions contracts shall be deposited into a special account established in the Treasury of the United States. The funds deposited in the special account shall be available for expenditure by the Secretary, without further appropriation, to support activities at the Cemeteries. The funds deposited into the special account shall remain available until expended. (f) Definitions In this section: (1) The term concessioner (2) The term concessions contract . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4727. Cemetery concessions contracts. . 317. Five-year reauthorization of authority to provide certain other agencies the Department of Defense reimbursement rate Section 2642(a) (1) in the matter preceding paragraph (1), by striking airlift transportation (2) in paragraph (3)— (A) by striking October 28, 2014 September 30, 2019 (B) by striking airlift transportation (C) by inserting and military transportation services provided in support of foreign military sales Department of Defense (D) by striking air industry transportation industry 318. Southern Sea Otter Military Readiness Areas (a) Establishment of the Southern Sea Otter Military Readiness Areas Chapter 631 of title 10, United States Code, is amended by adding at the end the following new section: 7235. Establishment of the Southern Sea Otter Military Readiness Areas (a) Establishment The Secretary of the Navy shall establish areas, to be known as Southern Sea Otter Military Readiness Areas (1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates: N. Latitude/W. Longitude 33°27.8′/119°34.3′ 33°20.5′/119°15.5′ 33°13.5′/119°11.8′ 33°06.5′/119°15.3′ 33°02.8′/119°26.8′ 33°08.8′/119°46.3′ 33°17.2′/119°56.9′ 33°30.9′/119°54.2′. (2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone. (b) Activities within the Southern Sea Otter Military Readiness Areas (1) Incidental takings under Endangered Species Act of 1973 Sections 4 and 9 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (2) Incidental takings under Marine Mammal Protection Act of 1972 Sections 101 and 102 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1371 (3) Treatment as species proposed to be listed For purposes of conducting a military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (c) Removal Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas be removed from the Areas. (d) Revision or termination of exceptions The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that military activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels. (e) Monitoring (1) In general The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service. (2) Reports Not later than 24 months after the date of the enactment of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1). (f) Definitions In this section: (1) Southern sea otter The term southern sea otter (2) Take The term take (A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. (3) Incidental taking The term incidental taking (4) Military readiness activity The term military readiness activity (5) Optimum sustainable population The term optimum sustainable population . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 7235. Establishment of the Southern Sea Otter Military Readiness Areas. . (c) Conforming amendment Section 1 of Public Law 99–625 16 U.S.C. 1536 IV Military personnel authorizations A Active forces 401. End strengths for active forces The Armed Forces are authorized strengths for active duty personnel as of September 30, 2014, as follows: (1) The Army, 520,000. (2) The Navy, 323,600. (3) The Marine Corps, 190,200. (4) The Air Force, 327,600. B Reserve forces 411. End strengths for Selected Reserve (a) In general The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2014, as follows: (1) The Army National Guard of the United States, 354,200. (2) The Army Reserve, 205,000. (3) The Navy Reserve, 59,100. (4) The Marine Corps Reserve, 39,600. (5) The Air National Guard of the United States, 105,400. (6) The Air Force Reserve, 70,400. (7) The Coast Guard Reserve, 9,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for Reserves on active duty in support of the Reserves Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2014, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 32,060. (2) The Army Reserve, 16,261. (3) The Navy Reserve, 10,159. (4) The Marine Corps Reserve, 2,261. (5) The Air National Guard of the United States, 14,734. (6) The Air Force Reserve, 2,911. 413. End strengths for military technicians (dual status) The minimum number of military technicians (dual status) as of the last day of fiscal year 2014 for the reserve components of the Army and the Air Force (notwithstanding section 129 (1) For the Army National Guard of the United States, 27,210. (2) For the Army Reserve, 8,395. (3) For the Air National Guard of the United States, 21,875. (4) For the Air Force Reserve, 10,429. 414. Fiscal year 2014 limitation on number of non-dual status technicians (a) Limitations (1) National guard Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2014, may not exceed the following: (A) For the Army National Guard of the United States, 1,600. (B) For the Air National Guard of the United States, 350. (2) Army reserve The number of non-dual status technicians employed by the Army Reserve as of September 30, 2014, may not exceed 595. (3) Air force reserve The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2014, may not exceed 90. (b) Non-Dual status technicians defined In this section, the term non-dual status technician 415. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2014, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. C Authorization of appropriations 421. Military personnel (a) Authorization of appropriations There is hereby authorized to be appropriated for military personnel for fiscal year 2014 a total of $130,399,881,000. (b) Construction of authorization The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2014. V Military personnel authorizations A Officer personnel policy 501. Information to be provided to boards considering officers for selective early removal from the reserve active-status list Section 14704(a) (1) By inserting (1) Active-Status list.— (2) by striking all (3) by striking , in the number specified by the Secretary by each grade and competitive category (4) by adding at the end the following new paragraphs: (2) The Secretary of the military department concerned shall specify the number of officers described in paragraph (1) that a selection board convened under section 14101(b) of this title may recommend for removal from the reserve active-status list. (3) When the Secretary of the military department concerned submits a list of officers to a selection board convened under section 14101(b) of this title to consider officers for selection for removal from the reserve active-status list under this section, such list (except as provided in paragraph (4)) shall include each officer on the reserve active-status list in the same grade and competitive category whose position on the reserve active-status list is between that of the most junior officer in that grade and competitive category whose name is submitted to the board and that of the most senior officer in that grade and competitive category whose name is submitted to the board. (4) A list under paragraph (3) may not include an officer in that grade and competitive category who has been approved for voluntary retirement or who is to be involuntarily retired under any provision of law during the fiscal year in which the selection board is convened or during the following fiscal year. . B Reserve component management 511. Removal of restrictions on the transfer of officers to the inactive National Guard (a) Removal of restrictions Chapter 3 311. Active and inactive National Guard; transfer of officers During the period ending on December 31, 2016, nothing in this chapter shall prevent any of the following: (1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard from being transferred from the active Army National Guard to the inactive Army National Guard. (2) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard from being transferred from the active Air National Guard to the inactive Air National Guard. (3) An officer of the Army National Guard transferred to the inactive Army National Guard from being transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit. (4) An officer of the Air National Guard transferred to the inactive Air National Guard from being transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 311. Active and inactive National Guard; transfer of officers. . 512. Pilot program to allow establishment of active status and inactive status lists of members in the inactive National Guard (a) Authority To maintain active and inactive status lists in the inactive National Guard Section 303 (d) (1) The Secretary of the Army and the Secretary of the Air Force may maintain an active status list and an inactive status list of members in the inactive Army National Guard and the inactive Air National Guard, respectively. (2) The total number of Army National Guard and Air National Guard members, combined, on the active status lists and the inactive status lists assigned to the inactive National Guard may not exceed 10,000 during any period. (3) The total number of Army National Guard and Air National Guard members, combined, on the active status lists of the inactive National Guard may not exceed 4,000 during any period. (4) The authority under this subsection expires at the close of December 31, 2016. . (b) Two-Way transfers of members formerly enlisted in inactive National Guard Subsection (b) of such section is amended— (1) by striking Under such (1) Except as provided in paragraph (2) and under such (2) by striking Under such Except as provided in paragraph (2) and under such (3) by adding at the end the following new paragraph: (2) During the period beginning on the date of the enactment of this paragraph and ending on December 31, 2016, an enlisted member of the active Army National Guard may be transferred to the inactive Army National Guard without regard to whether the member was formerly enlisted in the inactive Army National Guard and an enlisted member of the active Air National Guard may be transferred to the inactive Air National Guard without regard to whether the member was formerly enlisted in the inactive Air National Guard. . (c) Definition of active status Section 101(d)(4) However, in the case of members of the Army National Guard of the United States during any period during which there is an inactive status list for the inactive Army National Guard under section 303(d) section 303(d) (d) Members in inactive status; training categories Section 10141 of such title is amended by adding at the end the following new subsection: (d) (1) During any period during which there is an inactive status list for the inactive Army National Guard under section 303(d) (A) the first sentence of subsection (b) shall apply only with respect to Reserves assigned to the inactive Army National Guard who are assigned to the inactive status list; and (B) the exclusion of the Army National Guard of the United States under the first sentence of subsection (c) shall be inapplicable. (2) During any period during which there is an inactive status list for the inactive Air National Guard under section 303(d) of title 32— (A) the first sentence of subsection (b) shall apply only with respect to Reserves assigned to the inactive Air National Guard who are assigned to the inactive status list; and (B) the exclusion of the Air National Guard of the United States under the first sentence of subsection (c) shall be inapplicable. . (e) Computation of years of service for entitlement to retired pay Paragraph (3) of section 12732(b) of such title is amended to read as follows: (3) Service in the inactive National Guard (for any period other than a period during which there is an inactive status list for the inactive National Guard under section 303(d) of title 32) and service while assigned to the inactive status list of the inactive National Guard (for any period during which there is an inactive status list for the inactive National Guard under section 303(d) of title 32). . (f) Eligibility for inactive-Duty training pay Section 206(c) However, with respect to any period during which there is an inactive status list for the inactive National Guard under section 303(d) (g) Evaluation of the pilot program By the end of the pilot period, the Department of Defense shall commission an independent study evaluating the effectiveness of using the active status Inactive National Guard to improve the readiness of the Army National Guard. The study should include, for each year of the pilot, information on 1) how many personnel were transferred to the active status Inactive National Guard; 2) how many of these vacancies were filled with personnel new to the Army National Guard; 3) the additional cost of filling these positions; and 4) impact on drill and annual training participation rates. The study also should assess the impact on medical readiness category 3B personnel transferred to the active status Inactive National Guard, including how long it took them to complete the Integrated Disability Evaluation System (IDES) process, and how satisfied they were with their unit’s management and collaboration during the IDES process. 513. Forum for processing of complaints of wrongful discrimination by National Guard military technicians (dual status) (a) In general Section 709 (j) A complaint of wrongful discrimination by a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the requirements of subsection (b) shall be considered a complaint of wrongful discrimination by a member of the armed forces. . (b) Effective date The amendment made by subsection (a) shall apply with respect to a complaint of wrongful discrimination initiated on or after the date of the enactment of this Act. 514. Authority for increase in number of Air Force Reserve military technicians (dual status) who may be assigned to positions outside Air Force Reserve unit program Section 10216(d)(3) of title 10, United States Code, is amended by striking except that except that the number of such technicians assigned outside of the Air Force Reserve unit program at the same time during any fiscal year may not exceed 2 percent of the authorized end strength for military technicians (dual status) for the Air Force Reserve for that fiscal year. C Education and training 521. Extension of educational assistance for members of the Selective Reserve who are involuntarily separated (a) Preservation of educational assistance entitlement for certain former members of the selected reserve (1) Extension Paragraph (1)(B) of section 16133(b) September 30, 2014 December 31, 2018 (2) Cross-reference amendments to reflect prior amendment Such section is further amended by striking clause (2) of (b) Basic educational assistance entitlement for service in the selective reserve Subparagraph (B)(iii) of section 3012(b)(1) or the period beginning on October 1, 2013, and ending on December 31, 2018, September 30, 1999, 522. Authority for joint professional military education Phase II instruction and credit to be offered and awarded through the senior level course of the School of Advanced Military Studies of the United States Army Command and General Staff College Section 2151(b) of title 10, United States Code, is amended— (1) by adding at the end of paragraph (1) the following new subparagraph: (E) The senior-level course of the School of Advanced Military Studies of the United States Army Command and General Staff College. ; and (2) in paragraph (2)(A), by inserting before the period at the end the following: (other than with respect to the course specified in paragraph (1)(E)) 523. Modification of eligibility for associate degree programs under the Community College of the Air Force Section 9315(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) Enlisted members of the armed forces other than the Air Force participating in joint-service medical training and education or who are serving as instructors in such joint-service medical training and education. . D Administrative Procedure 531. Procedures for judicial review of military personnel decisions relating to correction of military records (a) Judicial review (1) In general Chapter 79 1560. Judicial review of decisions relating to correction of military records (a) Availability of judicial review (1) In general Any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter. (2) Records correction final decision defined In this section, the term records correction final decision (A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title. (B) A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(f) of this title. (C) A final decision issued by the Secretary of Defense pursuant to section 1034(g) of this title. (b) Matters must be justiciable Notwithstanding subsection (a), a court in which judicial review of a records correction final decision is sought does not have jurisdiction to review any matter or issue raised in a petition of review that is not justiciable. (c) Exhaustion of administrative remedies (1) General rule Except as provided in paragraph (3), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) in a case arising after the date of the enactment of this section may not be obtained under this section or any other provision of law unless— (A) the petitioner has requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title); and (B) the Secretary concerned has rendered a final decision denying that correction in whole or in part. (2) Whistleblower cases In a case arising after the date of the enactment of this section in which the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the Secretary of Defense has made a decision in the matter or the end of the period specified in that section for the Secretary to make such a decision, whichever occurs first. (3) Class actions In the case of a matter subject to correction under a provision of law specified in subsection (a)(2) in a case arising after the date of the enactment of this section in which judicial review is not precluded by reason of paragraph (1) or (2), if judicial review of a records correction final decision of the matter is sought and if the petitioner for judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title) and if the court issues an order certifying a class in the case, the limitations of paragraphs (1) and (2) shall be inapplicable to any member of the class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified. (d) Statutes of limitation (1) Two years from final decision In the case of a records correction final decision that is issued on or after the date of the enactment of this section, such decision is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than two years after the date of the final decision other than in a matter to which paragraph (2) applies. (2) Six years for certain claims that may result in payment of money (A) In the case of a records correction final decision that is issued on or after the date of the enactment of this section and which is described in subparagraph (B), such decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of discharge, retirement, release from active duty, or death while on active duty of the person whose military records are the subject of the correction request. There shall be excluded from the computation of such six-year period the period (i) beginning on the date of the filing with the Secretary of a request for correction of military records leading to the records correction final decision, and (ii) ending on the date of such decision. (B) A records correction final decision is described in this subparagraph to the extent that the decision, or portion of the decision, is a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money, other than payments made under chapter 73 of this title, either under a court order or under a subsequent administrative determination. (e) Sole basis for judicial review In the case of a cause of action arising after the date of the enactment of this section, no court shall have jurisdiction to review any matter subject to correction under a provision of law specified in subsection (a)(2) except as provided in this section. (f) Habeas corpus This section does not affect any cause of action arising under chapter 153 of title 28. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1560. Judicial review of decisions. . (b) Effect of denial of request for correction of records when prohibited personnel action alleged (1) Notice of denial; procedures for judicial review Subsection (f) of section 1034 of such title is amended by adding at the end the following new paragraph: (7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review. . (2) Secretary of Defense review; notice of denial Subsection (g) of such section is amended— (A) by inserting (1) Upon the completion of all (B) by adding at the end the following new paragraph: (2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review. . (3) Sole basis for judicial review Such section is further amended— (A) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (B) by inserting after subsection (g) the following new subsection (h): (h) Judicial review (1) A decision of the Secretary of Defense under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title. (2) In a case in which review by the Secretary of Defense under subsection (g) was not sought, a decision of the Secretary of a military department under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title. (3) A decision by the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title. . (c) Effect of denial of other requests for correction of military records Section 1552 of such title is amended by adding at the end the following new subsections: (h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review. (i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . (d) Effective date and retroactive application (1) Effective date The amendments made by this section shall take effect one year after the date of the enactment of this Act. (2) Retroactive application The amendments made by this section shall apply to all final decisions of the Secretary of Defense under section 1034(g) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(f) or 1552 of such title, whether rendered before, on, or after the date of the enactment of this Act. (3) Transition During the period between the date of the enactment of this Act and the effective date specified in paragraph (1), in any case in which the final decision of the Secretary of Defense under section 1034(g) (e) Implementation The Secretaries concerned (as defined in section 101(a)(9) (f) Construction This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in subsection (d)(1). E Decorations and Awards 541. Repeal of limitation on number of medals of honor that may be awarded to a member of the Armed Forces (a) Army Section 3744(a) of title 10, United States Code, is amended by striking medal of honor, (b) Navy and marine corps Section 6247 medal of honor, (c) Air force Section 8744(a) medal of honor, (d) Coast guard Section 494 medal of honor, 542. Standardization of time-limits for recommending and awarding a medal of honor, service cross, or distinguished-service medal across the Armed Forces (a) Army Section 3744(b) of title 10, United States Code, is amended— (1) in paragraph (1), by striking three years five years (2) in paragraph (2), by striking two years three years (b) Air force Section 8744(b) of such title is amended— (1) in paragraph (1), by striking three years five years (2) in paragraph (2), by striking two years three years 543. Recodification and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor Roll (a) Automatic enrollment and furnishing of certificate (1) In general Chapter 57 1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll (a) Establishment There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of Homeland Security, respectively, a roll designated as the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll (b) Enrollment The Secretary concerned shall enter and record on such roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of this title or section 491 of title 14. (c) Certificate (1) In general Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a certificate of enrollment on such roll. (2) Entitlement to special pension The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under paragraph (1). Such copy shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate. . (2) Clerical amendment The table of sections at the beginning of such chapter of title 10 is amended by adding at the end the following new item: 1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. . (b) Special pension (1) Automatic entitlement Section 1562(a) (A) by inserting living each (B) by striking subsection (c) of section 1561 of this title subsection (c)(2) of section 1136 (C) by striking application therefor under section 1560 of this title such person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under section 1136(b) of title 10 (2) Election to decline special pension Section 1562 of such title is further amended by adding at the end the following new subsection: (g) (1) A person who is entitled to a special pension under subsection (a) may elect not to receive such special pension by notifying the Secretary of such election in writing. (2) The Secretary, upon receipt of such election, shall cease payments of the special pension to such person. . (3) Technical amendment Section 1562(a) of such title is further amended by striking roll Roll (c) Conforming amendments (1) Repeal of recodified provisions Sections 1560 1561 (2) Clerical amendments The table of sections at the beginning of chapter 15 of such title is amended by striking the items relating to sections 1560 and 1561. (d) Effective date The amendments made by this section shall be effective with respect to medals of honor awarded on or after the date of the enactment of this Act. F Other Matters 551. Authority to provide certain expenses for care and disposition of human remains that were retained by the Department of Defense for forensic pathology investigation (a) Disposition of remains of persons whose death is investigated by the armed forces medical examiner (1) Covered decedents Section 1481(a) (10) To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. . (2) Authorized expenses relating to care and disposition of remains Section 1482 of such title is amended by adding at the end the following new subsection: (g) (1) The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. The Secretary concerned shall pay all other expenses authorized to be paid under this section only on a reimbursable basis. Amounts reimbursed to the Secretary concerned under this subsection shall be credited to appropriations available at the time of reimbursement for the payment of such expenses. (2) In a case covered by paragraph (1), if the person designated under subsection (c) to direct disposition of the remains of a decedent does not direct disposition of the remains that were retained for the forensic pathology investigation, the Secretary may pay for the transportation of those remains to, and interment or inurnment of those remains in, an appropriate place selected by the Secretary, in lieu of the transportation authorized to be paid under paragraph (8) of subsection (a). (3) In a case covered by paragraph (1), expenses that may be paid do not include expenses with respect to an escort under paragraph (8) of subsection (a), whether or not on a reimbursable basis. . (b) Clarification of coverage of inurnment Section 1482(a)(9) of such title is amended by inserting or inurnment interment (c) Technical amendment Section 1482(f) of such title is amended in the third sentence by striking subsection section 552. Expansion of privileged information provision to debriefing reports of certain recovered persons who were never placed in a missing status (a) Personnel files Section 1506 (1) in subsection (d)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following new paragraph (2): (2) The Secretary concerned shall withhold from personnel files under this section, as privileged information, any survival, evasion, resistance and escape debriefing report provided by a person described in section 1501(c) of this title who is returned to United States control which is obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information. ; and (2) in subsection (f), by striking paragraphs (2) and (3) paragraphs (3) and (4) (b) Definition Section 1513 of such title is amended by adding at the end the following new paragraph: (9) The term survival, evasion, resistance, and escape debrief . 553. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing Section 1501(a)(1) (1) by striking and (2) by striking the period at the end of subparagraph (C) and inserting ; and (3) by adding at the end the following new subparagraph: (D) coordination of periodic briefing of families of missing persons about the efforts of the Department of Defense to account for those persons. . 554. Family support programs for immediate family members of special operations forces members (a) Chaplain-Led programs The Commander of the United States Special Operations Command may provide support services described in section 1789(b) (1) that there is a direct and concrete relationship between— (A) chaplain-led programs authorized in section 1789 of such title, and (B) the readiness of special operations forces; and (2) that such support is not being provided to those family members by the Secretary of a military department. (b) Additional authority The Commander of the United States Special Operations Command may expend up to $10,000,000 during any fiscal year during which this subsection is in effect to provide support services described in section 1789(b) of title 10, United States Code, to support family programs directed by medical personnel, behavior health professionals, and family readiness professionals of the Department of Defense to build and maintain the resiliency of members of the Armed Forces assigned to special operations forces (as defined in section 167(i) of such title) and their immediate family members (as defined in section 1789(c) of such title). (c) Period of authority The authority under this section is in effect during each of fiscal years 2014 through 2016. 555. Limitation on authority of convening authority to review findings of a court-martial (a) Limitation of authority to offenses that would not normally warrant trial by court-Martial Subsection (c) of section 860 (1) in paragraph (3)— (A) by inserting may be taken finding of a court-martial (B) by striking is not required. However, only with respect to a qualified offense. With respect to such an offense, (C) by striking may— (A) dismiss may dismiss (D) by striking ; or (E) by striking subparagraph (B); and (2) by adding at the end the following new paragraph: (4) (A) In paragraph (3), the term qualified offense (i) the maximum sentence of confinement that may be adjudged does not exceed two years; and (ii) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months. (B) Such term does not include such offenses as the Secretary of Defense may prescribe by regulation. . (b) Requirement for explanation in writing Such subsection is further amended by adding after paragraph (4), as added by subsection (a)(2), the following new paragraph: (5) If the convening authority or other person authorized to act under this section modifies the findings or sentence of a court-martial, such person shall prepare a written explanation for such modification. Such explanation shall be made a part of the record of trial and action thereon. . (c) Conforming amendment Subsection (e)(3) of such section (article) is amended in the first sentence by inserting (if authorized to do so under subsection (c)) findings and sentence (d) Effective date The amendments made by subsections (a) and (c) shall apply with respect to offenses committed on or after the date of the enactment of this Act. 556. Revision to certain definitions relating to families of servicemembers for purposes of family and medical leave (a) Definitions applicable under family and medical leave act of 1993 (1) Definition of covered active duty Paragraph (14) of section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 (A) by striking to a foreign country (B) by inserting , 12301(d), or 12301(g) section 101(a)(13)(B) (2) Definition of covered servicemember Paragraph (15)(A) of such section is amended by inserting inpatient or outpatient status (b) Definitions applicable to leave for civil service employees (1) Definition of covered active duty Paragraph (7) of section 6381 of title 5, United States Code, is amended— (A) by striking to a foreign country (B) by inserting , 12301(d), or 12301(g) section 101(a)(13)(B) (2) Definition of covered servicemember Paragraph (8)(A) of such section is amended by inserting inpatient or outpatient status (3) Technical amendment Paragraph (7)(B) of such section is further amended by striking , United States Code 557. Enhanced role for department of justice under military lending act (a) Enforcement by the attorney general Subsection (f) of section 987 (7) Enforcement by the attorney general (A) In general The Attorney General may commence a civil action in any appropriate district court of the United States against any person who— (i) engages in a pattern or practice of violating this section; or (ii) engages in a violation of this section that raises an issue of general public importance. (B) Relief In a civil action commenced under subparagraph (A), the court— (i) may grant any appropriate equitable or declaratory relief with respect to the violation of this section; (ii) may award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and (iii) may, to vindicate the public interest, assess a civil penalty— (I) in an amount not exceeding $110,000 for a first violation; and (II) in an amount not exceeding $220,000 for any subsequent violation. (C) Intervention Upon timely application, a person aggrieved by a violation of this section with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under paragraph (5) with respect to that violation, along with costs and a reasonable attorney fee. (D) Issuance and service of civil investigative demands Whenever the Attorney General, or a designee, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this section, the Attorney General, or a designee, may, before commencing a civil action under subparagraph (A), issue in writing and cause to be served upon such person, a civil investigative demand requiring— (i) the production of such documentary material for inspection and copying; (ii) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (iii) the production of any combination of such documentary material or answers. (E) Relationship to false claims act The statutory provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 of title 31 (known as the False Claims Act (i) any reference in that section to false claims law investigators or investigations shall be applied for purposes of subparagraph (D) as referring to investigators or investigations under this section; (ii) any reference in that section to interrogatories shall be applied for purposes of subparagraph (D) as referring to written questions and answers to such need not be under oath; (iii) the statutory definitions for purposes of that section relating to false claims law (iv) provisions of that section relating to qui tam relators shall not apply. . (b) Consultation with department of justice Subsection (h)(3) of such section is amended by adding at the end the following new subparagraph: (H) The Department of Justice. . VI Compensation and other personnel benefits A Pay and Allowances 601. Increase in military basic pay for fiscal year 2014 (a) Waiver of section 1009 adjustment The adjustment to become effective during fiscal year 2014 required by section 1009 (b) Increase in basic pay Effective on January 1, 2014, the rates of monthly basic pay for members of the uniformed services are increased by 1.0 percent. 602. Extension of temporary Army authority to provide additional recruitment incentives Subsection (i)(1) of section 681 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 10 U.S.C. 503 December 31, 2012 December 31, 2015 B Bonuses and Special and Incentive Pays 611. One-year extension of certain expiring bonus and special pay authorities (a) Authorities relating to reserve forces The following sections of title 37, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 308b(g), relating to Selected Reserve reenlistment bonus. (2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus. (3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units. (4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service. (5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service. (6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service. (7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. (b) Title 10 authorities relating to health care professionals The following sections of title 10, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Title 37 authorities relating to health care professionals The following sections of title 37, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 302c–1(f), relating to accession and retention bonuses for psychologists. (2) Section 302d(a)(1), relating to accession bonus for registered nurses. (3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists. (4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties. (5) Section 302h(a)(1), relating to accession bonus for dental officers. (6) Section 302j(a), relating to accession bonus for pharmacy officers. (7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties. (8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties. (d) Authorities relating to nuclear officers The following sections of title 37, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. (2) Section 312b(c), relating to nuclear career accession bonus. (3) Section 312c(d), relating to nuclear career annual incentive bonus. (e) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers. (4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (5) Section 335(k), relating to bonus and incentive pay authorities for officers in health professions. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (f) Other title 37 bonus and special pay authorities The following sections of title 37, United States Code, are amended by striking December 31, 2013 December 31, 2014 (1) Section 301b(a), relating to aviation officer retention bonus. (2) Section 307a(g), relating to assignment incentive pay. (3) Section 308(g), relating to reenlistment bonus for active members. (4) Section 309(e), relating to enlistment bonus. (5) Section 324(g), relating to accession bonus for new officers in critical skills. (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage. (7) Section 327(h), relating to incentive bonus for transfer between the Armed Forces. (8) Section 330(f), relating to accession bonus for officer candidates. (9) Section 403(b)(7)(E), relating to basic allowance for housing. C Disability, Retired Pay, and Survivor Benefits 621. Overpayments of division of pay as a result of retroactive change in disposable retired pay (a) Amendment Section 1414(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) An election by a member to change from receipt of retired pay in accordance with this section to receipt of special compensation in accordance with section 1413a of this title pursuant to paragraph (2), shall not affect payments made before the date of such election to the member’s spouse or former spouse pursuant to section 1408 of this title, of disposable retired pay that a court treated as property for the purpose of issuing a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree. (B) In this paragraph: (i) The term court (ii) The term disposable retired pay (iii) The term final decree (iv) The term member (v) The term spouse or former spouse . (b) Applicability Paragraph (3) of section 1414(d) section 1408 622. Reinstatement of temporary special retirement qualification authority for members of the Selected Reserve of the reserve components of the Air Force with 15 years of qualifying service (a) Reinstatement of authority Subsection (a)(1) of section 12731a (1) in subparagraph (A), by striking October 1, 1991, the first day of a period described in subsection (b) that is applicable to that member (2) in subparagraph (B), by striking after that date and before the end of the period described in subsection (b) during a period described in subsection (b) that is applicable to that member (b) Period of authority Subsection (b) of such section is amended to read as follows: (b) Period of authority A period referred to in subsection (a)(1) is any of the following: (1) With respect to any member of the Selected Reserve of a reserve component, the period beginning on October 23, 1992, and ending on December 31, 2001. (2) With respect to any member of the Selected Reserve of the Air Force Reserve or Air National Guard of the United States, the period beginning on October 1, 2014, and ending on December 31, 2018. . VII Health care provisions 701. Revisions to TRICARE cost sharing requirements (a) TRICARE prime enrollment fees Section 1097 (1) in subsection (e)— (A) by striking (1) The Secretary (B) by striking paragraph (2); and (2) by adding at the end the following new subsection: (f) Enrollment fees (1) Amount Beginning January 1, 2014, the enrollment fee described in subsection (e) for a covered beneficiary shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in paragraph (2)) of the retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee nor less than the applicable minimum enrollment fee specified in paragraph (3). (2) Percentage of retired pay The applicable percentage of retired pay shall be determined in accordance with the following table: For: The applicable percentage for a family group of two or more persons is: The applicable percentage for an individual is: 2014 2.95% 1.475% 2015 3.30% 1.650% 2016 3.65% 1.825% 2017 and after 4.00% 2.000%. (3) Maximum and minimum enrollment fees (A) Before 2018 (i) Family groups For the years 2014 through 2017, the applicable maximum and minimum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table: For: The applicable minimum enrollment fee is: The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O–7 or above is: The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O–6 or below is: 2014 $548 $900 $750 2015 $558 $1,200 $900 2016 $569 $1,500 $1,050 2017 $581 $1,800 $1,200. (ii) Individuals The applicable maximum and minimum enrollment fees for an individual shall be one-half the corresponding maximum and minimum enrollment fees for a family group of two or more persons (as specified in clause (i)). (B) After 2017 For any year after 2017, the applicable maximum and minimum enrollment fees shall be equal to the maximum and minimum enrollment fees for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such calendar year. (4) Exclusion Notwithstanding paragraph (1), the enrollment fee described in subsection (e) for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or for a dependent of such a member shall not exceed the amount of any such enrollment fee for 2013. . (b) TRICARE standard enrollment fees and cost sharing Section 1086(b) of such title is amended to read as follows: (b) For a person covered by this section, any plan contracted for under section 1079(a) of this title shall contain the following provisions for payment by the patient: (1) An annual enrollment fee. The amount of such annual enrollment fee for a year is— (A) for 2014, $70 for an individual or $140 for a family group of two or more persons; (B) for 2015, $85 for an individual or $170 for a family group of two or more persons; (C) for 2016, $100 for an individual or $200 for a family group of two or more persons; (D) for 2017, $115 for an individual or $230 for a family group of two or more persons; (E) for 2018, $125 for an individual or $250 for a family group of two or more persons; and (F) for any year after 2018, the amount of the applicable enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year. (2) An annual deductible of the charges in a year for all types of care authorized by this section and received while in an outpatient status and 25 percent of all subsequent charges for such care during a year. The amount of such annual deductible for a year is— (A) for 2014, $160 for an individual or $320 for a family group of two or more persons; (B) for 2015, $200 for an individual or $400 for a family group of two or more persons; (C) for 2016, $230 for an individual or $460 for a family group of two or more persons; (D) for 2017, $260 for an individual or $520 for a family group of two or more persons; (E) for 2018, $290 for an individual or $580 for a family group of two or more persons; and (F) for any year after 2018, the amount of the applicable deductible for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year. (3) 25 percent of the charges for inpatient care. The Secretary of Defense may exempt a patient from paying such charges if the hospital to which the patient is admitted does not impose a legal obligation on any of its patients to pay for inpatient care. (4) A person covered by this section may not be required to pay a total in excess of a catastrophic cap, excluding the amount of any annual enrollment fee under paragraph (1), for health care received during any year under a plan contracted for under section 1079(a) of this title. The amount of such catastrophic cap for a year is— (A) for 2013, $3,000; and (B) for any year after 2013, the amount of the catastrophic cap for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year. (5) Notwithstanding paragraphs (1), (2), and (4), for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member— (A) there is no annual enrollment fee; (B) the annual deductible referred to in paragraph (2) for a year is $150 for an individual or $300 for a family group of two or more persons; and (C) the catastrophic cap for a year is $3,000. . (c) TRICARE for life enrollment fees Section 1086(d)(3) of such title is amended by adding at the end the following new subparagraph: (D) (i) Beginning January 1, 2014, a person described in paragraph (2) (except as provided in clauses (vi) and (vii)), shall pay an annual enrollment fee as a condition of eligibility for health care benefits under this section. Such enrollment fee shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in clause (ii)) of the retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee (specified in clause (iii)). (ii) The applicable percentage of retired pay shall be determined in accordance with the following table: For: The applicable percentage for a family group of two or more persons is: The applicable percentage for an individual is: 2014 0.50% 0.25% 2015 1.00% 0.50% 2016 1.50% 0.75% 2017 and after 2.00% 1.00%. (iii) For any year 2014 through 2017, the applicable maximum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table: For: The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O–7 or above is: The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O–6 or below is: 2014 $200 $150 2015 $400 $300 2016 $600 $450 2017 $800 $600. (iv) For any year after 2017, the applicable maximum enrollment fee shall be equal to the maximum enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year. (v) The applicable maximum enrollment fee for an individual shall be one-half the corresponding maximum fee for a family group of two or more persons (as determined under clauses (iii) and (iv)). (vi) Clause (i) shall not apply to a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member. (vii) Clause (i) also shall not apply to a person who, prior to the date of the enactment of this subparagraph, met the conditions described in paragraph (2)(A) and (B). . (d) TRICARE pharmacy program requirements (1) Availability of pharmaceutical agents through national mail-order pharmacy program Section 1074g(a)(5) of such title is amended— (A) by striking at least one of the means described in paragraph (2)(E) the national mail-order pharmacy program (B) by striking may include shall include cost sharing by the eligible covered beneficiary as specified in paragraph (6). (2) Cost sharing amounts Section 1074g(a)(6) of such title is amended to read as follows: (6) (A) In the case of any of the years 2014 through 2023, the cost sharing amounts referred to in paragraph (5) shall be determined in accordance with the following table: For: The cost sharing amount for 30-day supply of a retail generic is: The cost sharing amount for 30-day supply of a retail formulary is: The cost sharing amount for a 90-day supply of a mail order generic is: The cost sharing amount for a 90-day supply of a mail order formulary is: The cost sharing amount for a 90-day supply of a mail order non-formulary is: 2014 $5 $26 $0 $26 $51 2015 $6 $28 $0 $28 $54 2016 $7 $30 $0 $30 $58 2017 $8 $32 $0 $32 $62 2018 $9 $34 $9 $34 $66 2019 $10 $36 $10 $36 $70 2020 $11 $38 $11 $38 $75 2021 $12 $40 $12 $40 $80 2022 $13 $43 $13 $43 $85 2023 $14 $45 $14 $45 $90. (B) For any year after 2023, the cost sharing amounts referred to in paragraph (5) shall be equal to the cost sharing amounts for the previous year, adjusted by an amount, if any, as determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar. (C) Notwithstanding subparagraphs (A) and (B), the cost-sharing amounts referred to in paragraph (5) for any year for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member shall be equal to the cost sharing amounts, if any, for fiscal year 2013. . (3) Refills of prescription maintenance medications through the national mail order pharmacy program (A) In general Such section 1074g is further amended by adding at the end the following new subsection: (i) Refills of prescription maintenance medications through the national mail order pharmacy program (1) In general The pharmacy benefits program shall require eligible covered beneficiaries to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail-order pharmacy program. (2) Medications covered (A) Determination The Secretary shall determine the maintenance medications subject to the requirement under paragraph (1). (B) Supply In carrying out the requirement under paragraph (1), the Secretary shall ensure that the medications subject to the requirement under paragraph (1) are— (i) generally available to eligible covered beneficiaries through retail pharmacies only for an initial filing of a 30-day or less supply; and (ii) any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program. (C) Exemption The Secretary may exempt the following prescription maintenance medications from the requirements in subparagraph (B): (i) Medications that are for acute care needs. (ii) Such other medications as the Secretary determines appropriate. . (B) Conforming amendment Section 716 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (e) Additional realignment of TRICARE health benefit years from fiscal year to calendar year basis (1) TRICARE standard Section 1079(b) of such title 10 is amended by striking fiscal (2) Transition period The Secretary of Defense shall prescribe regulations to transition TRICARE health plan benefit years from a fiscal-year basis to a calendar-year basis pursuant to the amendments made by this subsection. (3) Conforming and technical amendments Section 724 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 (A) in subsection (b)— (i) by striking For each fiscal year beginning after September 30, 1997, the The (ii) by inserting during any year by designated providers (iii) by striking fiscal year. year. (B) in subsection (d)(2)(B)— (i) by striking For each fiscal year beginning after September 30, 2003, the The (ii) by striking during such fiscal year during any year (iii) by striking fiscal year. year. (f) Authority To adjust payments into the medicare-Eligible retiree health care fund Section 1116 of such title is amended by adding at the end the following new subsection: (e) (1) During any fiscal year, if the Secretary of Defense determines that the amount certified under subsection (c) is no longer accurate because of a significant change in circumstances or law, the Secretary of Defense may, if appropriate, certify a revised amount determined in accordance with subsection (b)(2) to the Secretary of the Treasury. (2) If the Secretary of Defense makes a certification under paragraph (1), each other administering Secretary shall make and advise the Secretary of the Treasury of a revised determination, consistent with section 1111(c) of this title. (3) If a certification and determination are made under paragraphs (1) and (2), the Secretary of the Treasury shall promptly pay into or recoup from the Fund the difference between the amount paid into the Fund under subsection (a) and the amount certified or determined by the administering Secretary under paragraph (1) or (2). . 702. Requirement for medicare participating physician or supplier to accept TRICARE and Veterans Affairs participating rates Section 1842(h)(1) of the Social Security Act ( 42 U.S.C. 1395u(h)(1) Any physician or supplier who voluntarily enters into an agreement with the Secretary to become a participating physician or supplier shall be deemed to have agreed to be a participating provider of medical care or services under any health plan contracted for under section 1079 or 1086 of title 10, United States Code, or under section 1781 703. Elimination of mandatory weighting of certain factors in determining best value for awarding health care contracts Section 1073a of title 10, United States Code, is amended— (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). VIII Acquisition policy, acquisition management, and related matters 801. Clarification of scope of supplies covered by statutory rapid acquisition authority Section 806(g) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 (1) by striking Associated support services defined.— Definitions (1) Associated support services The term ; and (2) by adding at the end the following new paragraph: (2) Supplies The term supplies . 802. Program fraud civil remedies statute for the Department of Defense and the National Aeronautics and Space Administration (a) Purpose The purpose of this section is to provide the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration with an effective administrative remedy to obtain recompense for the Department of Defense and the National Aeronautics and Space Administration for losses resulting from the submission to the Department or the Administration, respectively, of false, fictitious, or fraudulent claims and statements. (b) Program fraud civil remedies (1) In general Chapter IV of subtitle A of title 10, United States Code, is amended by inserting after chapter 163 the following new chapter: 164 Administrative remedies for false claims and statements Sec. 2751. Applicability of chapter; definitions. 2752. False claims and statements; liability. 2753. Hearing and determinations. 2754. Payment; interest on late payments. 2755. Judicial review. 2756. Collection of civil penalties and assessments. 2757. Right to administrative offset. 2758. Limitations. 2759. Effect on other laws. 2751. Applicability of chapter; definitions (a) Applicability of chapter This chapter applies to the following agencies: (1) The Department of Defense. (2) The National Aeronautics and Space Administration. (b) Definitions In this chapter: (1) Head of an agency The term head of an agency (2) Claim The term claim (A) made to the head of an agency for property, services, or money (including money representing grants, loans, insurance, or benefits); (B) made to a recipient of property, services, or money received directly or indirectly from the head of an agency or to a party to a contract with the head of an agency— (i) for property or services if the United States— (I) provided such property or services; (II) provided any portion of the funds for the purchase of such property or services; or (III) will reimburse such recipient or party for the purchase of such property or services; or (ii) for the payment of money (including money representing grants, loans, insurance, or benefits) if the United States— (I) provided any portion of the money requested or demanded; or (II) will reimburse such recipient or party for any portion of the money paid on such request or demand; or (C) made to the head of an agency which has the effect of decreasing an obligation to pay or account for property, services, or money. (3) Knows or has reason to know The term knows or has reason to know (A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent; (B) acts in deliberate ignorance of the truth or falsity of the claim or statement; or (C) acts in reckless disregard of the truth or falsity of the claim or statement, and no proof of specific intent to defraud is required. (4) Responsible official The term responsible official (5) Respondent The term respondent (6) Statement The term statement (A) with respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or (B) with respect to (including relating to eligibility for)— (i) a contract with, or a bid or proposal for a contract with the head of an agency; or (ii) a grant, loan, or benefit from the head of an agency. (c) Claims For purposes of paragraph (2) of subsection (b)— (1) each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim; (2) each claim for property, services, or money is subject to this chapter regardless of whether such property, services, or money is actually delivered or paid; and (3) a claim shall be considered made, presented, or submitted to the head of an agency, recipient, or party when such claim is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority, recipient, or party. (d) Statements For purposes of paragraph (6) of subsection (b)— (1) each written representation, certification, or affirmation constitutes a separate statement; and (2) a statement shall be considered made, presented, or submitted to the head of an agency when such statement is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority. 2752. False claims and statements; liability (a) False claims Any person who makes, presents, or submits, or causes to be made, presented, or submitted, to the head of an agency a claim that the person knows or has reason to know— (1) is false, fictitious, or fraudulent; (2) includes or is supported by any written statement which asserts a material fact that is false, fictitious, or fraudulent; (3) includes or is supported by any written statement that— (A) omits a material fact; (B) is false, fictitious, or fraudulent as a result of such omission; and (C) the person making, presenting, or submitting such statement has a duty to include such material fact; or (4) is for payment for the provision of property or services which the person has not provided as claimed, shall, in addition to any other remedy that may be prescribed by law, be subject to a civil penalty of not more than $5,000 for each such claim. Such person shall also be subject to an assessment of not more than twice the amount of such claim, or the portion of such claim which is determined by the responsible official to be in violation of the preceding sentence. (b) False statements Any person who makes, presents, submits, or causes to be made, presented, or submitted, a written statement in conjunction with a procurement program or acquisition of the agency named in section 2751(a) of this title that— (1) the person knows or has reason to know— (A) asserts a material fact that is false, fictitious, or fraudulent; or (B) (i) omits a material fact; and (ii) is false, fictitious, or fraudulent as a result of such omission; (2) in the case of a statement described in subparagraph (B) of paragraph (1), is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; and (3) contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such statement. 2753. Hearing and determinations (a) Transmittal of notice to attorney general If a responsible official determines that there is adequate evidence to believe that a person is liable under section 2752 of this title, the responsible official shall transmit to the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, a written notice of the intention of such official to initiate an action under this section. The notice shall include the following: (1) A statement of the reasons for initiating an action under this section. (2) A statement specifying the evidence which supports liability under section 2752 of this title. (3) A description of the claims or statements for which liability under section 2752 of this title is alleged. (4) An estimate of the penalties and assessments that will be demanded under section 2752 of this title. (5) A statement of any exculpatory or mitigating circumstances which may relate to such claims or statements. (b) Statement from attorney general (1) Within 90 days after receipt of a notice from a responsible official under subsection (a), the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, shall transmit a written statement to the responsible official which specifies— (A) that the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, approves or disapproves initiating an action under this section based on the allegations of liability stated in such notice; and (B) in any case in which the initiation of an action under this section is disapproved, the reasons for such disapproval. (2) If at any time after the initiation of an action under this section the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, transmits to a responsible official a written determination that the continuation of any action under this section may adversely affect any pending or potential criminal or civil action, such action shall be immediately stayed and may be resumed only upon written authorization from the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General. (c) Limitation on amount of claim that may be pursued under this section No action shall be initiated under this section, nor shall any assessment be imposed under this section, if the total amount of the claim determined by the responsible official to violate section 2752(a) of this title exceeds $500,000. The $500,000 threshold does not include penalties or any assessment permitted under 2752(a) of this title greater than the amount of the claim determined by the responsible official to violate such section. (d) Procedures for resolving claims (1) Upon receiving approval under subsection (b) to initiate an action under this section, the responsible official shall mail, by registered or certified mail, or other similar commercial means, or shall deliver, a notice to the person alleged to be liable under section 2752 of this title. Such notice shall specify the allegations of liability against such person, specify the total amount of penalties and assessments sought by the United States, advise the person of the opportunity to submit facts and arguments in opposition to the allegations set forth in the notice, advise the person of the opportunity to submit offers of settlement or proposals of adjustment, and advise the person of the procedures of the agency named in section 2751(a) of this title governing the resolution of actions initiated under this section. (2) Within 30 days after receiving a notice under paragraph (1), or any additional period of time granted by the responsible official, the respondent may submit in person, in writing, or through a representative, facts and arguments in opposition to the allegations set forth in the notice, including any additional information that raises a genuine dispute of material fact. (3) If the respondent fails to respond within 30 days, or any additional time granted by the responsible official, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty and/or assessment to be imposed on the respondent. Any such determination shall be based on a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision. (4) If the respondent makes a timely submission, and the responsible official determines that the respondent has not raised any genuine dispute of material fact, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty or assessment to be imposed on the respondent. Any such determination shall be based on a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision. (5) If the respondent makes a timely submission, and the responsible official determines that the respondent has raised a genuine dispute of material fact, the responsible official shall commence a hearing to resolve the genuinely disputed material facts by mailing by registered or certified mail, or other similar commercial means, or by hand delivery of, a notice informing the respondent of— (A) the time, place, and nature of the hearing; (B) the legal authority under which the hearing is to be held; (C) the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and (D) a description of the procedures for the conduct of the hearing. (6) The responsible official and any person against whom liability is asserted under this chapter may agree to a compromise or settle an action at any time. Any compromise or settlement must be in writing. (e) Respondent entitled to copy of the record At any time after receiving a notice under paragraph (1) of subsection (d), the respondent shall be entitled to a copy of the entire record before the responsible official. (f) Hearings Any hearing commenced under this section shall be conducted by the responsible official, or a fact-finder designated by the responsible official, solely to resolve genuinely disputed material facts identified by the responsible official and set forth in the notice to the respondent. (g) Procedures for hearings (1) Each hearing shall be conducted under procedures prescribed by the head of the agency. Such procedures shall include the following: (A) The provision of written notice of the hearing to the respondent, including written notice of— (i) the time, place, and nature of the hearing; (ii) the legal authority under which the hearing is to be held; (iii) the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and (iv) a description of the procedures for the conduct of the hearing. (B) The opportunity for the respondent to present facts and arguments through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required to resolve any genuinely disputed material facts identified by the responsible official. (C) The opportunity for the respondent to be accompanied, represented, and advised by counsel or such other qualified representative as the Secretary may specify in such regulations. (2) For the purpose of conducting hearings under this section, the responsible official is authorized to administer oaths or affirmations. (3) Hearings shall be held at the responsible official’s office, or at such other place as may be agreed upon by the respondent and the responsible official. (h) Decision following hearing The responsible official shall issue a written decision within 60 days after the conclusion of the hearing. That decision shall set forth specific findings of fact resolving the genuinely disputed material facts that were the subject of the hearing. The written decision shall also dispose of the matters raised in the notice required under paragraph (1) of subsection (d). If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty or assessment to be imposed on the respondent. Any decisions issued under this subparagraph shall be based on the record before the responsible official and shall be supported by a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision. 2754. Payment; interest on late payments (a) Payment of assessments and penalties A respondent shall render payment of any assessment and penalty imposed by a responsible official, or any amount otherwise agreed to as part of a settlement or adjustment, not later than the date— (1) that is 30 days after the date of the receipt by the respondent of the responsible official’s decision; or (2) as otherwise agreed to by the respondent and the responsible official. (b) Interest If there is an unpaid balance as of the date determined under paragraph (1), interest shall accrue from that date on any unpaid balance. The rate of interest charged shall be the rate in effect as of that date that is published by the Secretary of the Treasury under section 3717 (c) Treatment of receipts All penalties, assessments, or interest paid, collected, or otherwise recovered under this chapter shall be deposited into the Treasury as miscellaneous receipts as provided in section 3302 2755. Judicial review A decision by a responsible official under section 2753(d) or 2753(h) of this title shall be final. Any such final decision is subject to judicial review only under chapter 7 of title 5. 2756. Collection of civil penalties and assessments (a) Judicial enforcement of civil penalties and assessments The Attorney General shall be responsible for judicial enforcement of any civil penalty or assessment imposed under this chapter. (b) Civil actions for recovery Any penalty or assessment imposed in a decision by a responsible official, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a proceeding under this chapter or pursuant to judicial review under section 2755 of this title may be raised as a defense, and the determination of liability and the determination of amounts of penalties and assessments shall not be subject to review. (c) Jurisdiction of United States District Courts The district courts of the United States shall have jurisdiction of any action commenced by the United States under subsection (b). (d) Joining and consolidating actions Any action under subsection (b) may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States, and the person against whom such action may be brought. (e) Jurisdiction of United States Court of Federal Claims The United States Court of Federal Claims shall have jurisdiction of any action under subsection (b) to recover any penalty or assessment, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court. The counterclaim need not relate to the subject matter of the underlying claim. 2757. Right to administrative offset The amount of any penalty or assessment that has been imposed by a responsible official, or any amount agreed upon in a settlement or compromise, along with any accrued interest, may be collected by administrative offset. 2758. Limitations (a) Limitation on period for initiation of administrative action An action under section 2752 of this title with respect to a claim or statement shall be commenced within six years after the date on which such claim or statement is made, presented, or submitted. (b) Limitation period for initiation of civil action for recovery of administrative penalty or assessment A civil action to recover a penalty or assessment under section 2756 of this title shall be commenced within three years after the date of the decision of the responsible official imposing the penalty or assessment. 2759. Effect on other laws (a) Relationship to title 44 authorities This chapter does not diminish the responsibility of the head of an agency to comply with the provisions of chapter 35 (b) Relationship to title 31 authorities The procedures set forth in this chapter apply to the agencies named in section 2751(a) of this title in lieu of the procedures under chapter 38 (c) Relationship to other authorities Any action, inaction, or decision under this chapter shall be based solely upon the information before the responsible official and shall not limit or restrict any agency of the Government from instituting any other action arising outside this chapter, including suspension or debarment, based upon the same information. Any action, inaction or decision under this chapter shall not restrict the ability of the Attorney General to bring judicial action, based upon the same information as long as such action is not otherwise prohibited by law. . (2) Clerical amendment The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of such title are each amended by inserting after the item relating to chapter 163 the following new item: 164. Administrative Remedies for False Claims and Statements 2751. . (c) Conforming amendments Section 3801(a)(1) (1) by inserting (other than the Department of Defense) executive department (2) by striking subparagraph (B); (3) by redesignating subparagraph (C) as subparagraph (B) and by inserting (other than the National Aeronautics and Space Administration) not an executive department (4) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively. (d) Effective date Chapter 164 803. Reduction in costs to report critical changes to major automated information system programs (a) Extension of a program defined Section 2445a (g) Extension of a program In this chapter, the term extension of a program . (b) Reports on critical changes in MAIS programs Subsection (d) of section 2445c of such title is amended— (1) in paragraph (1), by striking paragraph (2) paragraph (3) (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph (2): (2) Notification when variance due to congressional action or extension of program If a senior Department of Defense official who, following receipt of a quarterly report described in paragraph (1) and making a determination described in paragraph (3), also determines that the circumstances resulting in the determination described in paragraph (3) either (A) are primarily the result of congressional action, or (B) are primarily due to an extension of a program, the official may, in lieu of carrying out an evaluation and submitting a report in accordance with paragraph (1), submit to the congressional defense committees, within 45 days after receiving the quarterly report, a notification that the official has made those determinations. If such a notification is submitted, the limitation in subsection (g)(1) does not apply with respect to that determination under paragraph (3). . (c) Conforming cross-Reference amendment Subsection (g)(1) of such section is amended by striking subsection (d)(2) subsection (d)(3) (d) Total acquisition cost information (1) Section 2445b(b)(3) of title 10, United States Code, is amended by striking development costs total acquisition costs (2) Section 2445c of such title is amended— (A) in subparagraph (B) of subsection (c)(2), by striking program development cost total acquisition cost (B) in subparagraph (C) of subsection (d)(3) (as redesignated by subsection (b)(2)), by striking program development cost total acquisition cost (e) Clarification of cross-Reference Section 2445c(g)(2) of such title is amended by striking in compliance with the requirements of subsection (d)(2) under subsection (d)(1)(B) 804. Modification of reporting requirement for Department of Defense business system acquisition programs when initial operating capability is not achieved within five years of Milestone A approval (a) Submission to pre-Certification authority Subsection (b) of section 811 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2316) is amended by striking the system shall be deemed to have undergone the appropriate official shall report such failure, along with the facts and circumstances surrounding the failure, to the appropriate pre-certification authority for that system under section 2222 (b) Covered systems Subsection (c) of such section is amended— (1) by striking 3542(b)(2) of title 44 section 2222(j)(2) of title 10 (2) by inserting , and that is not designated in section 2445a major automated information system program other major information technology investment program (c) Updated references to DoD issuances Subsection (d) of such section is amended— (1) in paragraph (1), by striking Department of Defense Instruction 5000.2 Department of Defense Directive 5000.01 (2) in paragraph (2), by striking Department of Defense Instruction 5000.2, dated May 12, 2003 Department of Defense Instruction 5000.02, dated December 3, 2008 805. Timeliness rules for filing bid protests at the United States Court of Federal Claims (a) Jurisdiction Paragraph (1) of section 1491(b) (1) in the first sentence, by striking Both the shall have The United States Court of Federal Claims shall have (2) in the second sentence— (A) by striking Both the shall have The United States Court of Federal Claims shall have (B) by striking is awarded. is awarded, but such jurisdiction is subject to time limits as follows: (A) A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the time set for receipt of initial proposals shall be filed before bid opening or the time set for receipt of initial proposals. In the case of a procurement where proposals are requested, alleged improprieties that do not exist in the initial solicitation but that are subsequently incorporated into the solicitation shall be protested not later than the next closing time for receipt of proposals following the incorporation. A protest that meets these time limitations that was previously filed with the Comptroller General may not be reviewed. (B) A protest other than one covered by subparagraph (A) shall be filed not later than 10 days after the basis of the protest is known or should have been known (whichever is earlier), with the exception of a protest challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such a case, with respect to any protest the basis of which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. (C) If a timely agency-level protest was previously filed, any subsequent protest to the United States Court of Federal Claims that is filed within 10 days of actual or constructive knowledge of initial adverse agency action shall be considered, if the agency-level protest was filed in accordance with subparagraphs (A) and (B), unless the contracting agency imposes a more stringent time for filing the protest, in which case the agency’s time for filing shall control. In a case where an alleged impropriety in a solicitation is timely protested to a contracting agency, any subsequent protest to the United States Court of Federal Claims shall be considered timely if filed within the 10-day period provided by this subparagraph, even if filed after bid opening or the closing time for receipt of proposals. (D) A protest untimely on its face shall be dismissed. A protester shall include in its protest all information establishing the timeliness of the protest; a protester shall not be permitted to introduce for the first time in a motion for reconsideration information necessary to establish that the protest was timely. Under no circumstances may the United States Court of Federal Claims consider a protest that is untimely because it was first filed with the Government Accountability Office. . (b) Available relief Paragraph (2) of such section is amended by inserting monetary relief shall not be available if injunctive relief is or has been granted, and except that (c) Agency decisions overriding stay of contract award or performance Such section is further amended— (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph (5): (5) The United States Court of Federal Claims shall have jurisdiction to render judgment on an action by an interested party challenging an agency’s decision to override a stay of contract award or contract performance that would otherwise be required by section 3553 of title 31. . (d) Effective date The amendments made by this section shall apply to any cause of action filed 180 days or more after the date of the enactment of this Act. 806. Exception to internal controls for procurement of necessary property and services by the Department of Defense and Department of Veterans Affairs Interagency Program Office (a) In general Subparagraph (A) of section 801(b)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 10 U.S.C. 2304 (A) In general The limitation in paragraph (1) shall not apply to the procurement of property and services on behalf of— (i) the Department of Defense by a non-defense agency during any fiscal year for which there is in effect a written determination of the Under Secretary of Defense for Acquisition, Technology, and Logistics that it is necessary in the interest of the Department of Defense to procure property and services through the non-defense agency during such fiscal year; or (ii) the Department of Defense and Department of Veterans Affairs interagency program office established under section 1635 of this Act. . (b) Conforming amendment Subparagraph (B) of such section is amended by inserting (i) subparagraph (A) 807. Enhanced transfer of technology developed at Department of Defense laboratories (a) Definitions As used in this section: (1) The terms department military department section 101 (2) The term DoD laboratory laboratory (A) is owned, leased, operated, or otherwise used by the Department of Defense; and (B) meets the definition of laboratory (b) Authority (1) In general The Secretary of Defense and the Secretaries of the military departments each may authorize the heads of DoD laboratories to grant nonexclusive, exclusive, or partially exclusive licenses, royalty free or for royalties or for rights to other intellectual property, for computer software and its related documentation developed at a DoD laboratory, but only if— (A) the computer software and related documentation would be a trade secret under the meaning of section 552(b)(4) (B) the public is notified of the availability of the software and related documentation for licensing and interested parties have a fair opportunity to submit applications for licensing; (C) such licensing activities and licenses shall comply with the requirements under section 209 of title 35, United States Code; and (D) the software originally was developed to meet the military needs of the Department of Defense. (2) Protections against unauthorized disclosure The Secretary of Defense and the Secretaries of the military departments each shall provide appropriate precautions against the unauthorized disclosure of any computer software or documentation covered by paragraph (1)(A), including exemption from section 552 of title 5, United States Code, for a period of up to 5 years after the development of the computer software by the DoD laboratory. (c) Royalties (1) Use of royalties Except as provided in paragraph (2), any royalties or other payments received by the department from licensing computer software or documentation under paragraph (b)(1) shall be retained by the department and shall be disposed of as follows: (A) (i) The department shall pay each year the first $2,000, and thereafter at least 15 percent, of the royalties or other payments to be divided among the employees who developed the computer software. (ii) The department may provide appropriate lesser incentives, from royalties or other payments, to laboratory employees who are not developers of such computer software but who substantially increased the technical value of the software. (iii) The department shall retain the royalties and other payments received until it makes payments to employees of a DoD laboratory under clause (i) or (ii). (iv) The department may retain an amount reasonably necessary to pay expenses incidental to the administration and distribution of royalties or other payments under this section by an organizational unit of the department other than its laboratories. (B) The balance of the royalties or other payments shall be transferred by the department to its laboratories, with the majority share of the royalties or other payments going to the laboratory where the development occurred. The royalties or other payments so transferred to any DoD laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the 2 succeeding fiscal years— (i) to reward scientific, engineering, and technical employees of the DoD laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications; (ii) to further scientific exchange among the laboratories of the agency; (iii) for education and training of employees consistent with the research and development missions and objectives of the department or DoD laboratory, and for other activities that increase the potential for transfer of the technology of the laboratories; (iv) for payment of expenses incidental to the administration and licensing of computer software or other intellectual property made at that DoD laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; or (v) for scientific research and development consistent with the research and development missions and objectives of the DoD laboratory. (C) All royalties or other payments retained by the department or DoD laboratory after payments have been made pursuant to subparagraphs (A) and (B) that are unobligated and unexpended at the end of the second fiscal year succeeding the fiscal year in which the royalties and other payments were received shall be paid into the Treasury. (2) Exception If, after payments under paragraph (1)(A), the balance of the royalties or other payments received by the department in any fiscal year exceed 5 percent of the funds received for use by the DoD laboratory for research, development, engineering, testing and evaluation or other related administrative, processing or value-added activities for that year, 75 percent of such excess shall be paid to the Treasury of the United States and the remaining 25 percent may be used or obligated under paragraph (1)(B). Any funds not so used or obligated shall be paid into the Treasury of the United States. (3) Status of payments to employees Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which the employee is otherwise entitled or for which the employee is otherwise eligible or limit the amount thereof except that the monetary value of an award for the same project or effort shall be deducted from the amount otherwise available under this paragraph. Payments, determined under the terms of this paragraph and made to an employee developer as such, may continue after the developer leaves the DoD laboratory or department. Payments made under this section shall not exceed $75,000 per year to any one person, unless the President approves a larger award (with the excess over $75,000 being treated as a Presidential award under section 4504 (d) Information in report The report required by section 2515(d) (e) Expiration The authority provided in this section shall expire on December 31, 2018. 808. Extension of authority for program to award prizes for advanced technology achievements Section 2374a of title 10, United States Code, is amended by striking September 30, 2013 September 30, 2017 809. Revisions to eligibility for, and amount of, financial assistance under Department of Defense Science, Mathematics, and Research for Transformation Program (a) Eligibility for educational assistance Paragraph (1) of section 2192a(b) of title 10, United States Code, is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (b) Amount of educational assistance Paragraph (2) of such section is amended by striking the amount determined room and board an amount determined by the Secretary of Defense (c) Concurrence of Secretary of State for awards to non-Citizens Such section is further amended by adding at the end the following new paragraph: (4) For the purposes of paragraph (1), a scholarship or fellowship awarded to a person who is not a citizen of the United States may only be awarded with the concurrence of the Secretary of State. . 810. Modification of purposes for which Department of Defense Acquisition Workforce Development Fund may be used (a) Clarification of availability of funds Paragraph (1) of section 1705(e) of title 10, United States Code, is amended— (1) in the first sentence, by striking including for the provision of training and retention incentives to the acquisition workforce of the Department. including for the provision of workforce planning and research, training, development, retention incentives, and support approved by, and consistent with guidance issued by, the senior official designated to manage the Fund to achieve the objectives of the recruitment, hiring, training and development, sustainment, and retention of acquisition personnel of the Department. (2) by inserting after the first sentence the following new sentences: Amounts in the Fund shall not be used for contractual services, supplies, or equipment used to execute acquisition mission operations. Amounts in the Fund may be used for contractual services, supplies, and equipment only in direct support of activities identified in this section, approved by the senior official, and consistent with senior official guidance. (b) Revision to limitation on payments to or for contractors Paragraph (4) of such section is amended to read as follows: (4) Limitation on payments to or for contractors Application for amounts in the Fund that includes amounts to be made available for payments to contractors or contractor employees for achieving the purposes of the Fund shall be subject to the approval of the senior official designated to manage the Fund. The Fund shall not be used to provide training or any other support to contractors. . 811. Extension of prohibition on contracting with the enemy in the United States Central Command theater of operations Section 841(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1510; 10 U.S.C. 2302 the date that is three years after the date of the enactment of this Act December 31, 2016 812. Extension of authority for additional access to contractor and subcontractor records in the United States Central Command theater of operations Section 842(d)(1) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 the date that is three years after the date of the enactment of this Act December 31, 2016 813. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan Section 801(f) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 Public Law 112–239 December 31, 2014 December 31, 2015 814. Extension of special emergency procurement authority to procurements in support of operations performed by special operations forces outside continental United States Section 1903(a) of title 41, United States Code, is amended— (1) by striking or (2) by striking the period at the end of paragraph (2) and inserting ; or (3) by adding at the end the following new paragraph: (3) in support of an operation performed by special operations forces outside the continental United States so long as the operation is covered by an order of the Secretary of Defense referred to as an execute order Support of the Headquarters of Combatant and Subordinate Unified Commands . 815. Extension of special emergency procurement authority Section 1903(a) (1) by striking or (2) by striking the period at the end of paragraph (2); and (3) by adding at the end the following new paragraphs: (3) in support of requests from the United States Agency for International Development to facilitate the provision of international disaster assistance pursuant to the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (4) in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). . 816. Enhancement of agency authority to evaluate contractor data and of Defense Contract Audit Agency subpoena authority (a) Access to data for evaluation purposes Subsection (a)(2) of section 2313 of title 10, United States Code, is amended by inserting or for the purpose of evaluating data other than certified cost or pricing data with respect to a contract or subcontract, to have access to and subcontract, (b) DCAA subpoena authority Subsection (b)(1) of such section is amended by inserting or subcontractor of a contractor 817. Alternative to requirement for conduct of preliminary design review before Milestone B approval for Major Defense Acquisition Programs Paragraph (2) of section 2366b(a) of title 10 United States Code, is amended to read as follows: (2) certifies that the program demonstrates a high likelihood of accomplishing its intended mission based upon either— (A) a formal assessment by the milestone decision authority of the results of a preliminary design review conducted before Milestone B approval; or (B) an approved acquisition strategy for the Engineering and Manufacturing Development Phase that includes a program schedule that identifies a specific timeframe for the conduct of a preliminary design review and post-preliminary design review assessment at an appropriate point after Milestone B approval; and . 818. Limitation on allowable Government contractor compensation costs (a) Limitation (1) Civilian contracts Section 4304(a)(16) (16) Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual amount paid to the President in accordance with section 102 . (2) Defense contracts Section 2324(e)(1)(P) (P) Costs of compensation of any contractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual amount paid to the President in accordance with section 102 . (3) Effective date The amendments made by this subsection shall apply with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after the date of the enactment of this Act. (b) Conforming amendment (1) Section 1127 of title 41, United States Code, is amended by adding at the end the following new subsection: (c) Applicability This section shall apply only with respect to costs of compensation incurred under contracts entered into before the date that is 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014. . (2) Section 4301 IX Department of Defense organization and management 901. Clarification of the order of precedence for the Principal Deputy Under Secretaries of Defense Subsection (d) of section 137a and the Deputy Chief Management Officer of the Department of Defense. the Deputy Chief Management Officer of the Department of Defense, and the officials serving in positions specified in section 131(b)(4) of this title. 902. Update of statutory specification of functions of the Chairman of the Joint Chiefs of Staff relating to doctrine, training, and education Paragraph (5) of section 153(a) (1) in the paragraph heading, by striking Doctrine, training, and education Joint force development activities (2) in subparagraph (B), by inserting and technical standards, and executing actions policies (3) in subparagraph (C), by striking and training (4) by adding at the end the following new subparagraphs: (D) Formulating policies for concept development and experimentation for the joint employment of the armed forces. (E) Formulating policies for gathering, developing, and disseminating joint lessons learned for the armed forces. . 903. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities (a) Period for required audits Section 432(b)(2) of such title is amended by striking annually biennially (b) Repeal of designation of Defense Intelligence Agency as required oversight authority within Department of Defense Section 436(4) of such title is amended— (1) by striking within the Defense Intelligence Agency within the Department of Defense (2) by striking management and supervision oversight (c) Technical amendments (1) Definition of congressional intelligence committees Section 437 of such title is amended— (A) in subsections (a) and (b), by inserting congressional intelligence committees (B) by adding at the end the following new subsection: (c) Congressional intelligence committees defined In this section, the term congressional intelligence committees . (2) Conforming amendments The second sentence of section 432(b)(2) of such title is amended— (A) by inserting congressional intelligence committees (B) by striking section 437(d) section 437(c) 904. Transfer of administration of Ocean Research Advisory Panel From Department of the Navy to National Oceanic and Atmospheric Administration (a) Authority for Ocean Research Advisory Panel Subsection (a) of section 7903 of title 10, United States Code, is amended— (1) in the matter preceding paragraph (1)— (A) by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, The Council (B) by striking Panel consisting Panel. The Panel shall consist (C) by striking chairman Administrator of the National Oceanic and Atmospheric Administration, on behalf of the Council (2) in paragraph (1), by striking National Academy of Science National Academies (3) by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (b) Responsibilities of panel Subsection (b) of such section is amended— (1) by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, The Council (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by striking paragraph (2) and inserting the following new paragraphs (2) and (3): (2) To advise the Council on the determination of scientific priorities and needs. (3) To provide the Council strategic advice regarding national ocean program execution and collaboration. . (c) Funding To support activities of panel Subsection (c) of such section is amended by striking Secretary of the Navy Secretary of Commerce 905. Change to reference to the major Department of Defense headquarters activities issuance Section 194(f) of title 10, United States Code, is amended by striking Directive 5100.73 Instruction 5100.73, entitled Major DoD Headquarters Activities 906. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense Regional Centers for Security Studies Paragraph (1) of section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 10 U.S.C. 184 through 2013 through 2014 X General provisions A Financial Matters 1001. Enhancement of Department of Defense capabilities to deter and respond to contractor fraud (a) Withholding of contractual payments Subsection (a) of section 2207 (1) by striking unless that contract provides that— unless that contract provides each of the following: (2) in paragraph (1)— (A) by inserting That (1) (B) by striking ; and (3) in paragraph (2), by inserting That, (2) (4) by inserting after paragraph (2) the following new paragraphs: (3) That with respect to a contract that could have been terminated under paragraph (1) but for the prior completion of the contract’s performance, the United States is entitled to exemplary damages as set forth in paragraph (2), in accordance with the notice and hearing process set forth in paragraph (1). (4) That, with respect to a contract that is terminated under paragraph (1) or, as specified in paragraph (3), could have been terminated under paragraph (1) but for the prior completion of the contract’s performance, the United States may, after notifying the contractor but pending the determination concerning exemplary damages referred to in paragraph (2), withhold from payments otherwise due to the contractor under any contract between the contractor and the military department or Defense Agency that entered into the terminated (or completed) contract an amount that is up to 10 times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned, as such cost is estimated by the Secretary. . (b) Inapplicability to non-DoD agencies Subsection (b) of such section is amended— (1) by inserting (1) (b) (2) by adding at the end the following new paragraph: (2) Paragraph (4) of subsection (a) does not apply to a contract awarded on behalf of a military department or Defense Agency by a department or agency of the United States outside of the Department of Defense. . (c) Retention of damages; fraud fighting funds Such section is further amended— (1) by redesignating subsection (b), as amended by subsection (b) of this section, as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Retention of damages; fraud fighting funds (1) Exemplary damages recovered under subsection (a)(2) may be retained by the Secretary of Defense, if recovered by a Defense Agency, or by the Secretary concerned, if recovered by a military department, without regard to section 3302 (2) The Secretary of Defense and the Secretaries of the military departments shall each establish a Fraud-Fighting Fund . (d) Burden of proof Subsection (a)(1) of such section, as amended by subsection (a), is further amended by inserting and by a preponderance of the evidence after notice and hearing (e) Technical amendments Subsection (a) of such section is further amended by striking clause (1) paragraph (1) (f) Effective date The amendments made by this section shall apply to contracts that are awarded on or after the date that is 180 days after the date of the enactment of this Act. (g) Conforming amendments Section 2410m(a) (1) by inserting or arising from a recovery of exemplary damages under section 2207 of this title, of title 41 (2) by striking or (3) by striking the period at the end of paragraph (3) and inserting ; or (4) by adding at the end the following new paragraph: (4) any determination under section 2207 of this title. . (h) Procurement regulations Regulations governing actions under section 2207 of title 10, United States Code, shall be revised to implement the amendments to that section made by this section not later than 180 days after the date of the enactment of this Act. 1002. Pilot program for the temporary exchange of financial management personnel (a) Assignment authority The Secretary of Defense may, with the agreement of the private sector organization concerned, arrange for the temporary assignment of an employee to such private sector organization, or from such private sector organization to a Department of Defense organization under this section. An employee shall be eligible for such an assignment only if the employee— (1) works in the field of financial management; (2) is considered by the Secretary of Defense to be an exceptional employee; and (3) is compensated at not less than the GS–11 level (or the equivalent). (b) Agreements The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement— (1) shall require, in the case of an employee of the Department of Defense, that upon completion of the assignment, the employee will serve in the civil service for a period at least equal to three times the length of the assignment, unless the employee is sooner involuntarily separated from the service of the employee’s agency; and (2) shall provide that if the employee of the Department of Defense or of the private sector organization (as the case may be) fails to carry out the agreement, or if the employee is voluntarily separated from the service of the employee’s agency before the end of the period stated in the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment unless that failure or voluntary separation was for good and sufficient reason, as determined by the Secretary of Defense. An amount for which an employee is liable under paragraph (2) shall be treated as a debt due the United States. The Secretary may waive, in whole or in part, collection of such a debt based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States. (c) Termination An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private sector organization concerned. (d) Duration An assignment under this section shall be for a period of not less than 3 months and not more than 1 year; however, no assignment under this section may commence after September 30, 2019. (e) Status of federal employees assigned to private sector organization An employee of the Department of Defense who is temporarily assigned to a private sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under subsection (b) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee. (f) Terms and conditions for private sector employees An employee of a private sector organization who is assigned to a Department of Defense organization under this section— (1) shall continue to receive pay and benefits from the private sector organization from which such employee is assigned; (2) is deemed to be an employee of the Department of Defense for the purposes of— (A) chapter 73 of title 5, United States Code; (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code, and any other conflict of interest statute; (C) sections 1343, 1344, and 1349(b) of title 31, United States Code; (D) the Federal Tort Claims Act and any other Federal tort liability statute; (E) the Ethics in Government Act of 1978; (F) section 1043 of the Internal Revenue Code of 1986; (G) chapter 21 of title 41, United States Code; and (H) subchapter I of chapter 81 (3) may not have access, while the employee is assigned to a Department of Defense organization, to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned. (g) Prohibition against charging certain costs to the federal government A private sector organization may not charge the Department of Defense or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department of Defense organization under this section for the period of the assignment. (h) Consideration The Secretary of Defense shall take into consideration the question of how assignments might best be used to help meet the needs of the Department of Defense with respect to the training of employees in financial management. (i) Numerical limitation Not more than five Department of Defense employees may be assigned to private sector organizations under this section, and not more than five employees of private sector organizations may be assigned to the Department of Defense under this section, at any given time. B Naval Vessels 1011. Repeal of policy relating to propulsion systems of any new class of major combatant vessels of the strike forces of the United States Navy Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 Public Law 112–239 1012. Repeal of requirements relating to procurement of future surface combatants Section 125 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 1013. Clarification of sole ownership resulting from ship donations at no cost to the Navy (a) Clarification of transfer authority Subsection (a) of section 7306 (a) Authority To make transfer The Secretary of the Navy may convey, by donation, all right, title, and interest to any vessel stricken from the Naval Vessel Register or any captured vessel, for use as a museum or memorial for public display in the United States, to— (1) any State, the District of Columbia, any Commonwealth or possession of the United States, or any municipal corporation or political subdivision thereof; or (2) any nonprofit entity. . (b) Clarification of limitations on liability and responsibility Subsection (b) of such section is amended to read as follows: (b) Limitations on liability and responsibility (1) Immunity of united states The United States and all departments and agencies thereof, and their officers and employees, shall not be liable at law or in equity for any injury or damage to any person or property occurring on a vessel donated under this section. (2) Improvements, upgrades, and repairs Notwithstanding any other law, the United States and all departments and agencies thereof, and their officers and employees, shall have no responsibility or obligation to make, engage in, or provide funding for, any improvement, upgrade, modification, maintenance, preservation, or repair to a vessel donated under this section. . (c) Clarification that transfers To be made at no cost to United States Subsection (c) of such section is amended by inserting after under this section , the maintenance and preservation of that vessel as a museum or memorial, and the ultimate disposal of that vessel, including demilitarization of Munitions List items at the end of the useful life of the vessel as a museum or memorial, (d) Application of environmental laws; definitions Such section is further amended by adding at the end the following new subsections: (e) Application of environmental laws Nothing in this section shall affect the applicability of Federal, State, interstate, and local environmental laws and regulations, including the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (f) Definitions In this section: (1) The term nonprofit entity (2) The term Munitions List (3) The term donee . (e) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation . (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 633 of such title is amended to read as follows: 7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation. . C Counter-Drug Activities 1021. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 (1) in subsection (a)(1), by striking In fiscal years 2005 through 2013 During the period ending on December 31, 2016 (2) in subsection (c), by striking in fiscal years 2005 through 2013 during the period ending on December 31, 2016, 1022. Revisions to Department of Defense authority to provide support for counter-drug activities of other agencies (a) Extension of authority Subsection (a) of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 10 U.S.C. 374 During fiscal years 2002 through 2014 During fiscal years 2002 through 2018 (b) Authority To provide certain equipment or services Subsection (b)(4) of such section is amended by inserting before the period at the end the following: , including the provision of non-lethal equipment or services necessary for the operation of such bases or facilities, other than any equipment specifically identified in section 1033 of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 105–85 1023. Extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments (a) Extension of authority Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 105–85 Public Law 112–239 2013 2015 (b) Additional governments eligible To receive support Subsection (b) of such section is further amended by adding at the end the following new paragraphs: (36) The Government of Bangladesh. (37) The Government of Yemen. . (c) Maximum amount of support Subsection (e)(2) of such section is further amended by striking 2013 2015 1024. Extension of authority for joint task forces to provide support to law enforcement agencies Subsection (b) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 10 U.S.C. 371 2013 2015 D Other Matters 1031. Management of Department of Defense installations (a) Secretary of defense authority Chapter 159 2672. Protection of property (a) In general The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property. (b) Officers and agents (1) Designation (A) The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property. (B) A designation under subparagraph (A) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate. (C) In making a designation under subparagraph (A) with respect to any category of personnel, the Secretary shall specify each of the following: (i) The personnel or positions to be included in the category. (ii) Which authorities provided for in paragraph (2) may be exercised by personnel in that category. (iii) In the case of civilian personnel in that category— (I) which authorities provided for in paragraph (2), if any, are authorized to be exercised outside the property specified in subsection (a); and (II) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance. (D) The Secretary may make a designation under subparagraph (A) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that— (i) the exercise of each specific authority provided for in paragraph (2) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and (ii) the necessary and proper training for the authorities to be exercised is available to the personnel in that category. (2) Powers Subject to subsection (h) and to the extent specifically authorized by the Secretary, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under this subsection may— (A) enforce Federal laws and regulations for the protection of persons and property; (B) carry firearms; (C) make arrests— (i) without a warrant for any offense against the United States committed in the presence of the officer or agent; or (ii) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; (D) serve warrants and subpoenas issued under the authority of the United States; and (E) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property. (c) Regulations (1) In general The Secretary may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply. (2) Penalties A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both. (d) Limitation on delegation of authority The authority of the Secretary of Defense under subsections (b) and (c) may be exercised only by the Secretary or Deputy Secretary of Defense. (e) Disposition of persons arrested A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice). (f) Facilities and services of other agencies In implementing this section, when the Secretary determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services. (g) Authority outside federal property For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary may enter into agreements with Federal agencies and with State, tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, tribal, and local laws concurrently with other Federal law enforcement officers and with State, tribal, and local law enforcement officers. (h) Attorney general approval The powers granted pursuant to subsection (b)(2) to officers and agents designated under subsection (b)(1) shall be exercised in accordance with guidelines approved by the Attorney General. (i) Limitation on statutory construction Nothing in this section shall be construed— (1) to preclude or limit the authority of any Federal law enforcement agency; (2) to restrict the authority of the Secretary of Homeland Security or of the Administrator of General Services to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively; (3) to expand or limit section 21 of the Internal Security Act of 1950 ( 50 U.S.C. 797 (4) to affect chapter 47 of this title; or (5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2671 the following new item: 2672. Protection of property. . 1032. Clarification of procedures for use of alternate members on military commissions (a) Primary and alternate members (1) Number of members Subsection (a) of section 948m (A) in paragraph (1)— (i) by striking at least five members at least five primary members and as many alternate members as the convening authority shall detail (ii) by adding at the end the following new sentence: Alternate members shall be designated in the order in which they will replace an excused primary member. (B) in paragraph (2), by inserting primary the number of (2) General rules Such section is further amended— (A) by redesignating subsection (b) and (c) as subsections (d) and (e), respectively; and (B) by inserting after subsection (a) the following new subsections (b) and (c): (b) Primary members Primary members of a military commission under this chapter are voting members. (c) Alternate members (1) A military commission may include alternate members to replace primary members who are excused from service on the commission. (2) Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed. . (3) Excuse of members Subsection (d) of such section, as redesignated by paragraph (2)(A), is amended— (A) in the matter before paragraph (1), by inserting primary or alternate member (B) by striking or (C) by striking the period at the end of paragraph (3) and inserting ; or (D) by adding at the end the following new paragraph: (4) in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority. . (4) Absent and additional members Subsection (e) of such section, as redesignated by paragraph (2)(A), is amended— (A) in the first sentence— (i) by inserting the number of primary members of Whenever (ii) by inserting primary members required by (iii) by inserting and there are no remaining alternate members to replace the excused primary members subsection (a) (B) by adding at the end the following new sentence: An alternate member who was present for the introduction of all evidence shall not be considered to be a new or additional member. (b) Challenges Section 949f of such title is amended— (1) in subsection (a), by inserting primary or alternate member (2) by adding at the end of subsection (b) the following new sentence: Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice. (c) Number of votes required Section 949m of such title is amended— (1) by inserting primary members (2) by adding at the end of subsection (b) the following new paragraph: (4) The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met. . 1033. Repeal and modification of reporting requirements (a) Title 10, United States Code Title 10, United States Code, is amended as follows: (1) Section 113 is amended by striking subsection (m). (2) Section 117 is amended by striking subsection (e). (3) Section 127 is amended by striking subsection (d). (4) Section 129 is amended by striking subsection (f). (5) Section 153 is amended by striking subsection (c). (6) (A) Section 229 is repealed. (B) The table of sections at the beginning of chapter 9 is amended by striking the item relating to section 229. (7) (A) Section 483 is repealed. (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 483. (8) (A) Section 489 is repealed. (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 489. (9) Section 1130 by striking subsection (b). (10) Section 1557 is amended by striking subsection (e). (11) (A) Section 1563 is repealed. (B) The table of sections at the beginning of chapter 80 is amended by striking the item relating to section 1563. (12) Section 1781b is amended by striking subsection (d). (13) Section 2216 is amended by striking subsection (i). (14) Section 2244a(c) is amended by striking the second sentence. (15) Section 2350b is amended by striking subsection (d). (16) Section 2350j is amended by striking subsection (e). (17) Section 2350m is amended by striking subsection (e). (18) (A) Section 2352 is repealed. (B) The table of sections at the beginning of chapter 139 is amended by striking the item relating to section 2352. (19) Section 2410i(c) is amended by striking the last sentence. (20) (A) Section 2475 is repealed. (B) The table of sections at the beginning of chapter 146 is amended by striking the item relating to section 2475. (21) (A) Section 2504 is repealed. (B) The table of sections at the beginning of subchapter II of chapter 148 is amended by striking the item relating to section 2504. (22) (A) Section 2536(b) is amended by striking paragraph (2). (B) Such section is further amended— (i) by striking (1) Authority.— (ii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (23) Section 2804(b) is amended by striking the last sentence. (24) Section 2827 is amended— (A) by striking (a) Subject to subsection (b), the Secretary The Secretary (B) by striking subsection (b). (25) Section 2828 is amended by striking subsection (f). (26) Section 2835 is amended— (A) in subsection (a), by striking Subject to subsection (b), the Secretary The Secretary (B) by striking subsection (b); and (C) by striking subsection (g). (27) Section 2837 is amended— (A) in subsection (c)— (i) by striking (1) Opportunities (ii) by striking paragraph (2); and (B) by striking subsection (f). (28) Section 2854a is amended by striking subsection (c). (29) Section 2861 is amended by striking subsections (c) and (d). (30) Section 2866(c) is amended— (A) by striking (1) The Secretary (B) by striking paragraph (2). (31) Section 2875 is amended by striking subsection (e). (32) (A) Section 2884 is amended— (i) by striking subsection (b); and (ii) in subsection (a)— (I) by striking Project reports.— Reports.— (II) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (III) by striking (2) For each (b) Content of reports (B) Such section is further amended— (i) by redesignating paragraphs (3) and (4) of subsection (b) of such section (as designated by subparagraph (A)(ii)(III)) as paragraphs (2) and (3), respectively; and (ii) in paragraph (2) of subsection (b), as so redesignated, by striking contract described in paragraph (1) contract described in subsection (a) (C) (i) The heading of such section is amended to read as follows: 2884. Project reports . (ii) The item relating to that section in the table of sections at the beginning of subchapter IV of chapter 169 is amended to read as follows: 2884. Project reports. . (33) Section 2885(a)(3) is amended by striking If a project In the case of a project for new construction, if the project (34) Section 2916 is amended by striking subsection (c). (b) Annual national defense authorization acts (1) Fiscal year 2011 Section 892 of The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 (2) Fiscal year 2009 The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (A) Section 354 (10 U.S.C. 221 note) is repealed. (B) Section 903(b)(5) ( 10 U.S.C. 2228 (5) Not later than December 31 each year, the corrosion control and prevention executive of a military department shall submit to the Secretary of Defense a report containing recommendations pertaining to the corrosion control and prevention program of the military department. The report each year shall include recommendations for the funding levels necessary for the executive to carry out the duties of the executive under this section. . (C) Section 1047(d) ( 10 U.S.C. 2366b (i) by striking Requirements The Secretary Requirements (ii) by striking paragraph (2); and (iii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (3) Fiscal year 2008 The National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (A) Section 911 (10 U.S.C. 2271 note) is amended by striking paragraph (2) of subsection (f). (B) Section 1074(b)(6) ( 10 U.S.C. 113 (i) in subparagraph (A), by striking The Secretary Except as provided in subparagraph (D), the Secretary (ii) by adding at the end the following new subparagraph: (D) Exceptions Subparagraph (A) does not apply in the case of— (i) an individual described in paragraph (2)(C) who is otherwise sponsored by the Secretary of Defense, the Deputy Secretary of Defense, the Chairman of the Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff; or (ii) an individual described in paragraph (2)(E). . (C) Section 2864 (10 U.S.C. 2911 note) is repealed. (4) Fiscal year 2007 The John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 (A) Section 226 (120 Stat. 2131) is repealed. (B) Section 323 (10 U.S.C. 229 note) is amended by striking subsection (c). (5) Fiscal year 2003 Section 817 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 10 U.S.C. 2306a (6) Fiscal year 2000 Section 1409 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 22 U.S.C. 2778 (7) Fiscal year 1999 Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 5 U.S.C. 3104 (8) Fiscal year 1991 Section 4004(d) of the National Defense Authorization Act for Fiscal Year 1991 10 U.S.C. 2391 (A) by inserting and (B) by striking ; and (C) by striking paragraph (3). (c) Defense acquisition improvement act of 1986 Section 908 of the Defense Acquisition Improvement Act of 1986 (as contained in section 101(c) of Public Law 99–500 and identically enacted in section 101(c) of Public Law 99–591 Public Law 99–661 10 U.S.C. 2326 (d) Foreign assistance act of 1961 The Foreign Assistance Act of 1961 is amended as follows: (1) Section 516(f)(1) ( 22 U.S.C. 2321j(f)(1) excess defense articles that are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or (2) Section 656 (22 U.S.C. 2416) is repealed. (e) Arms export control act Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended— (1) by striking end of each quarter end of each fiscal year (2) by striking during the fiscal year in which during the fiscal year for which (3) by striking in the quarter of the fiscal year immediately following the quarter in the fiscal year (4) by striking paragraph (6); and (5) by striking quarter fiscal year (f) Security reports (1) Section 3151 of the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of Public Law 106–65; 42 U.S.C. 7383e (2) Section 4507 of the Atomic Energy Defense Act ( 50 U.S.C. 2658 (3) Section 4508 of the Atomic Energy Defense Act ( 50 U.S.C. 2659 (g) Intelligence reform and terrorism prevention act of 2004 Section 3002(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435c(c)) is amended by striking paragraph (4). (h) Uniformed and overseas citizens absentee voting act Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) in the subsection heading, by striking Annual report Biennial report (2) in the matter preceding paragraph (1)— (A) by striking March 31 of each year September 30 of each odd-numbered year (B) by striking the following information the following information with respect to the Federal election held during the preceding calendar year (3) in paragraph (3), by striking In the case of a description A description (i) Department of defense appropriations act, 2002 Section 8159(c) of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117; 115 Stat. 2284), is amended by striking paragraph (7). 1034. Mt. Soledad Veterans Memorial transfer (a) Authority To convey Mt. Soledad Veterans Memorial, San Diego, California Subject to subsection (b), the Secretary of Defense may convey all right, title, and interest of the United States in and to the Mt. Soledad Veterans Memorial (in this section referred to as the Memorial (b) Limitations (1) Price The Secretary shall select by public bid the eligible entity to which the Memorial is to be conveyed under subsection (a). The Secretary may accept a price for the conveyance of the Memorial in accordance with the public bid process without regard to its fair market value. (2) Conditions on conveyance The conveyance of the Memorial under subsection (a) shall be subject to the following conditions: (A) That the eligible entity to which the Memorial is conveyed accepts the Memorial in its condition at the time of the conveyance, commonly known as conveyance as is (B) That the Memorial shall be maintained and used as a veterans memorial in perpetuity. (C) That if the Memorial is ever put to a use other than as a veterans memorial, the United States shall have the right, at its election, to take back all right, title, and interest in and to the Memorial without any right of compensation to the owner or any other person. (3) Land exchange Notwithstanding paragraph (1), if no eligible entity makes an acceptable bid for the Memorial or the Secretary determines, in the Secretary’s sole discretion, that a land exchange would be more beneficial to the United States, the Secretary may convey the Memorial to an eligible entity in exchange for real property of at least equal value if the real property offered in exchange is located adjacent to other real property of the United States and the Federal agency exercising administrative jurisdiction over that other real property agrees to accept administrative jurisdiction over the real property offered in exchange. (c) Treatment of amounts received (1) Reimbursement of costs of conveyance The Secretary shall use any funds received from the conveyance under subsection (a) to reimburse the Secretary for costs incurred by the Secretary to carry out the conveyance, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. Amounts to reimburse those costs from funds so received shall be credited to the fund or account that was used to cover those costs. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (2) Deposit of balance The remainder of such funds, if any, shall be deposited into the account used to pay for the acquisition of the Memorial by the United States. (d) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a), and, in the case of a land exchange under subsection (b)(3), the real property offered in exchange, shall be determined by a survey satisfactory to the Secretary. (e) Additional terms and conditions The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (f) Exclusions (1) Historic preservation Sections 106 and 110 of the National Historic Preservation Act ( 16 U.S.C. 470f (2) Prior Mt. Soledad legislation Section 2(c) of the Act of August 14, 2006, entitled An Act to preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States Public Law 109–272 16 U.S.C. 431 (g) Definitions In this section: (1) Eligible entity The term eligible entity (2) Mt. soledad veterans memorial The term Mt. Soledad Veterans Memorial Public Law 109–272 1035. Repeal of certain National Defense Authorization Act reporting requirements (a) Annual update on system management plan and matrix for the F–35 joint strike fighter aircraft program Section 122 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 (b) Congressional notification of cancellation of major automated information system Section 806 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 10 U.S.C. 2302 XI Civilian personnel matters 1101. Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals Section 1587(b) of title 10, United States Code, is amended by inserting , threaten to take, take 1102. Extension of voluntary reduction-in-force authority for civilian employees of Department of Defense Section 3502(f)(5) of title 5, United States Code, is amended by striking September 30, 2014 September 30, 2018 1103. Flexibility in employment and compensation of civilian faculty at Defense Institute for Security Assistance Management and At Joint Special Operations University Section 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraphs: (5) The Defense Institute for Security Assistance Management. (6) The Joint Special Operations University. . 1104. Extension of authority to make lump sum severance payments to Department of Defense employees Section 5595(i)(4) of title 5, United States Code, is amended by striking October 1, 2014 October 1, 2018 1105. Modernization of titles of nonappropriated fund instrumentalities for purposes of civil service laws Section 2105(c) of title 5, United States Code, is amended by striking Army and Air Force Motion Picture Service, Navy Ship's Stores Ashore Navy Ships Stores Program 1106. Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the Armed Forces (a) Extension Subsection (c) of section 1599c December 31, 2015 December 31, 2020 (b) Repeal of fulfilled requirement Such section is further amended— (1) by striking subsection (b); and (2) by redesignating subsection (c), as amended by subsection (a), as subsection (b). (c) Repeal of references to certain title 5 authorities Subsection (a)(2)(A) of such section is amended by striking sections 3304, 5333, and 5753 of title 5 section 3304 of title 5 1107. Authority to waive annual limitations on premium and aggregate pay for certain Federal civilian employees working overseas (a) Waiver of limitation on premium pay Section 5547 (e) (1) Subsection (a) shall not apply to an employee who performs work while assigned to duty in a designated zone of armed conflict. (2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in subsection (a) to the extent that the aggregate of the basic pay and premium pay under those provisions for such employee would, in any calendar year, exceed the annual rate of salary payable to the Vice President under section 104 (3) Notwithstanding paragraph (1), the Office of Personnel Management may prescribe a minimum period during which an employee is assigned to duty in a designated zone of armed conflict in order to be covered by such paragraph. (4) To the extent that a waiver under paragraph (1) results in payment of additional premium pay of a type that is normally creditable as basic pay for retirement or any other purpose, such additional pay shall not be considered to be basic pay for any purpose, nor shall it be used in computing a lump-sum payment for accumulated and accrued annual leave under section 5551. (5) The Office of Personnel Management may prescribe regulations to ensure appropriate consistency among heads of Executive agencies in the exercise of the authority granted by this subsection. (6) For the purpose of this subsection— (A) assigned to duty in (B) designated zone of armed conflict 22 U.S.C. 4302(7) (i) whether the Armed Forces of the United States are involved in hostilities in the country or area; (ii) whether the incidence of civil insurrection, civil war, terrorism, or wartime conditions threatens physical harm or imminent danger to the health or well-being of United States civilian employees in the country or area; (iii) whether the country or area has been designated a combat zone by the President under section 112(c) of the Internal Revenue Code of 1986; (iv) whether a contingency operation involving combat operations directly affects civilian employees in the country or area; or (v) any other relevant conditions and factors. (7) The authority under this subsection expires at the close of December 31, 2015. . (b) Waiver of limitation on aggregate pay Section 5307 of such title is amended— (1) in subsection (a)(1), by striking or as otherwise provided under subsection (d) or as otherwise provided by this section (2) by adding at the end the following new subsection: (e) (1) The preceding subsections of this section shall not apply to payments in addition to basic pay earned by an employee during a calendar year for performing work while assigned to duty in a designated zone of armed conflict (as such terms are defined in section 5547(e)(6)(A) and (B)). (2) For the purpose of this subsection, the term basic pay (3) Notwithstanding paragraph (1), the Office of Personnel Management may prescribe a minimum period during which an employee is assigned to duty in a designated zone of armed conflict in order to be covered by such paragraph. (4) The Office of Personnel Management may prescribe regulations to implement this subsection. (5) The authority in paragraph (1) shall not apply to calendar years after 2015. . (c) Department of Defense highly qualified experts Section 9903(d) of such title is amended— (1) in subparagraph (1) by striking 12-month period calendar year (2) in subparagraph (2)(B) by striking in support of a contingency operation (as defined by section 101(a)(13) to duty in a designated zone of armed conflict (as such terms are defined in section 5547(e)(5)(A) and (B) (d) Effective date (1) The amendments made by subsection (a) shall apply to premium payments payable on or after January 1, 2014. (2) The amendments made by subsections (b) and (c) shall take effect on January 1, 2014. 1108. Authority to employ civilian faculty members at Inter-American Defense College Section 1595(c) (5) The Inter-American Defense College. . XII Matters relating to foreign nations 1201. Authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction (a) Authority The Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Department of Justice and Department of Homeland Security, may provide assistance to the military and civilian first responders of a foreign country in order for that country to respond effectively to incidents involving weapons of mass destruction. (b) Authorized elements Assistance provided under this section may include training, equipment, and supplies. (c) Availability of funds for activities across fiscal years Amounts available for any fiscal year for the provision of assistance under the authority in subsection (a) may be used for an activity to provide such assistance that begins in that fiscal year but ends in the next fiscal year. (d) Interagency coordination In carrying out this section, the Secretary of Defense shall comply with any otherwise-applicable requirement for coordination or consultation within the executive branch. 1202. Authority to provide unreimbursed defense services in connection with the transfer of excess defense articles in Afghanistan (a) Authority To provide unreimbursed defense services The Secretary of Defense may, with the concurrence of the Secretary of State, provide defense services without reimbursement from the government of the recipient country— (1) in connection with the transfer of excess defense articles under section 516 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j (2) in connection with the transfer under chapter 7 (A) is foreign excess property for purposes of such chapter; and (B) is categorized under regulations of the Department of Defense as foreign excess personal property. (b) Limitations (1) Value The aggregate value of all defense services provided under subsection (a) in any fiscal year may not exceed $100,000,000. (2) Source of transferred articles The authority under subsection (a) may only be used in connection with defense articles and personal property present in Afghanistan as of the date of the enactment of this Act. (c) Exemption The provision of defense services under subsection (a)(1) shall not be subject to the limitations applicable to the transfer of excess defense articles under section 516 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j (d) Expiration The authority provided in subsection (a) may not be exercised after December 31, 2014. (e) Definition In this section, the term defense services (f) Construction equipment Notwithstanding section 644(g) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(g) section 2562 1203. Five-year extension of authorization for non-conventional assisted recovery capabilities Subsection (h) of section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 2013 2018 1204. Increase in annual limitation on transfer of excess defense articles Section 516(g)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(g)(1) $425,000,000 $500,000,000 1205. Revision of statutory references to former NATO support organizations and related NATO agreements (a) Title 10, United States Code Section 2350d (1) by striking NATO Maintenance and Supply Organization NATO Support Organization and its executive agencies (2) by striking Weapon System Partnership Agreement Support Partnership Agreement (3) by striking a specific weapon system activities (b) Arms Export Control Act Section 21(e)(3) of the Arms Export Control Act (22 U.S.C. 2761(e)(3)) is amended— (1) by striking Maintenance and Supply Agency of the North Atlantic Treaty Organization North Atlantic Treaty Organization (NATO) Support Organization and its executive agencies (2) by striking weapon system partnership agreement support partnership agreement (3) by striking a specific weapon system activities 1206. Five-year extension of the Iraqi special immigrant visa program Section 1244(c)(3) of the Refugee Crisis in Iraq Act of 2007 (subtitle C of title XII of Public Law 110–181 (C) Additional fiscal years Notwithstanding subparagraphs (A) and (B), and consistent with subsection (b), any unused balance of the total number of principal aliens who may be provided special immigrant status under this subsection in fiscal years 2008 through 2012 may be carried forward and provided through the end of fiscal year 2018, except that— (i) the one-year period during which a principal alien must have been employed in accordance with subsection (b)(1) shall be entirely during the period from March 20, 2003 through September 30, 2013; and (ii) a principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(4) no later than September 30, 2017. . 1207. Five-year extension of the Afghan special immigrant visa program Section 602(b)(3) of the Afghan Allies Protection Act of 2009 (title VI of Public Law 111–8 8 U.S.C. 1101 (D) Additional fiscal years Notwithstanding subparagraph (C), for each of the fiscal years 2014 through 2018, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 3,000 per year, except that any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal years 2014 through 2018, in addition to any unused balance of the total number of principal aliens who may be provided special immigrant status under subparagraph (A) in fiscal years 2009 through 2013, may be carried forward and provided through the end of fiscal year 2019, except that— (i) the one-year period during which a principal alien must have been employed in accordance with paragraph (2)(A)(ii) shall be entirely during the period from October 7, 2001 through December 31, 2014; and (ii) a principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) no later than September 30, 2015. . 1208. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability (a) Codification of permanent authority (1) Enactment in title 10 of section 1202 acquisition and cross-servicing agreement authority Chapter 138 (A) a heading as follows: 2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability ; and (B) a text consisting of the text of subsections (a) through (d) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 Public Law 112–81 (2) Clerical amendment The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 2342 the following new item: 2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability. . (b) Revisions to codified section The revisions to the text specified in subsection (a)(1)(B) are as follows: (1) Global authority In subsection (a)(1)— (A) insert military or stability combined (B) strike in Afghanistan (2) Conforming amendments In subsection (a)(3)— (A) in subparagraph (A), strike Afghanistan a combined military or stability operation with the United States (B) in subparagraph (C), strike Afghanistan or a a combined military or stability operation or (3) Reporting exception In subsection (a)(5)— (A) insert (A) Equipment may not (B) add at the end the following: (B) Exception The notice required in subparagraph (A) shall not be required when the equipment to be loaned is intended to be used— (i) in a facility that is under the control of the United States; or (ii) in connection with training directed by United States personnel. . (4) Waiver in the case of combat loss of equipment At the end of subsection (a), insert the following new paragraph: (6) Waiver of reimbursement in the case of combat loss (A) Authority In the case of equipment provided to the military forces of another nation under the authority of this section that is damaged or destroyed as a result of combat operations while held by those forces, the Secretary of Defense may, with respect to such equipment, waive any other applicable requirement under this subchapter for— (i) reimbursement; (ii) replacement-in-kind; or (iii) exchange of supplies or services of an equal value. (B) Limitations Any waiver under this subsection may be made only on a case-by-case basis. Any waiver under this subsection may be made only if the Secretary determines that the waiver is in the national security interest of the United States. . (5) Technical and clerical amendments (A) In subsection (a)(1), strike under subchapter I of chapter 138 (B) In subsection (d)(2)(B), strike Committee on International Relations Committee on Foreign Affairs (c) Repeal Section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 Public Law 112–81 (d) Retroactive application of waiver authority The authority in subsection (a)(6) of section 2342a 1209. Extension of authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense (a) Extension of authority Subsection (b) of section 1081 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 168 (1) in paragraph (1), by striking September 30, 2014 September 30, 2017 (2) in paragraph (2), by striking fiscal year 2012, 2013, or 2014 a fiscal year ending on or before that date (b) Technical amendment Subsection (c)(4) of such section is amended by striking carried out such by such carried out by such 1210. Modification and extension of authorities relating to program to build the capacity of foreign military forces (a) Modification of authority Subsection (b)(1) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 Public Law 112–239 supplies, training training, logistic support, supplies, and services (b) Availability of funds Subsection (c) of such section is amended— (1) in paragraph (5)— (A) by striking not more than $75,000,000 may be used during fiscal year 2010, not more than $75,000,000 may be used during fiscal year 2011 and (B) by striking each of fiscal years 2012, 2013, and 2014 each fiscal year through fiscal year 2015 (2) by adding at the end the following new paragraph: (7) Availability of funds for programs during the first three months of the following fiscal year (A) In general For discretionary appropriations enacted after the date of the enactment of this paragraph, and subject to subparagraph (B), an amount not to exceed 20 percent of amounts available under this subsection for the authority in subsection (a) for any fiscal year may be obligated during the first three months of the following fiscal year to conduct or support a program authorized, approved, and congressional notification completed in accordance with subsection (a). (B) Notification Whenever the Secretary of Defense decides, with the concurrence of the Secretary of State, to conduct or support a program authorized under subsection (a) by obligating funds as described in subparagraph (A) during the first six months of the following fiscal year, the Secretary of Defense shall submit to the congressional committees specified in paragraph (3) of subsection (e) a notification in writing of that decision in accordance with such subsection by not later than September 30 of the fiscal year for which the funds are appropriated. . (c) Extension of program authorization Subsection (g) of such section is amended— (1) by striking September 30, 2014 September 30, 2015 (2) by striking through 2014 through 2015 (d) Definition Such section is further amended by adding at the end the following new subsection: (h) Definition In this section, the term logistic support, supplies, and services section 2350(1) . (e) Effective date The amendments made by this section shall take effect on October 1, 2013, and shall apply with respect to programs under section 1206(a) of the National Defense Authorization Act for Fiscal Year 2006 that begin on or after that date. 1211. Support for NATO Special Operations Headquarters (a) Authority Subchapter II of chapter 138 2350n. NATO Special Operations Headquarters (a) Authorization Funds available for the Department of Defense for operation and maintenance may be used for the purposes set forth in subsection (b) for support of operations of the North Atlantic Treaty Organization (NATO) Special Operations Headquarters. The amount of such funds used for such purposes for fiscal year 2014 and for fiscal year 2015 may not exceed $50,000,000. (b) Purposes The Secretary of Defense may provide funds for the NATO Special Operations Headquarters under subsection (a) for the following purposes: (1) To improve coordination and cooperation between the special operations forces of NATO member nations, Allied nations, and partner nations. (2) To facilitate combined operations by special operations forces of NATO member nations, Allied nations, and partner nations. (3) To support command, control, and communications capabilities peculiar to special operations forces. (4) To promote special operations forces intelligence and informational requirements within the NATO structure. (5) To promote interoperability through the development of common equipment standards, tactics, techniques, exercises, and procedures, and through execution of multinational education and training programs. (c) Annual report Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report regarding support for the NATO Special Operations Headquarters. Each report shall include the following: (1) The total amount of funding provided by the United States and other NATO nations to the NATO Special Operations Headquarters for operating costs of the NATO Special Operations Headquarters. (2) A description of the activities carried out with such funding, including— (A) the amount of funding allocated for each such activity; (B) the extent to which other NATO nations participate in each such activity; (C) the extent to which each such activity is designed to meet the purposes set forth in paragraphs (1) through (5) of subsection (b); and (D) an assessment of the extent to which each such activity will promote the mission of the NATO Special Operations Headquarters. (3) Other contributions, financial or in kind, provided by the United States and other NATO nations in support of the NATO Special Operations Headquarters. (4) Any other matters that the Secretary of Defense considers appropriate. (d) Secretary of Defense published guidance The Secretary of Defense shall publish guidance detailing the roles and responsibilities of components of the Department of Defense in support of the NATO Special Operations Headquarters. Such guidance shall include specification of the responsibilities of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, consistent with the duties of the Assistant Secretary under section 138(b)(4) of this title (including oversight of policy and resources), for oversight of support provided by the United States Special Operations Command to the NATO Special Operations Headquarters. . (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 2350n. NATO Special Operations Headquarters. . (c) Deadline for publication of guidance and notification of congressional committees Not later than 180 days after the enactment of this Act, the Secretary of Defense shall notify the congressional defense committees that the Secretary has published the guidance required by subsection (d) of section 2350n (d) Conforming repeal Section 1244 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 Public Law 112–239 1212. Afghanistan security forces fund (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2014 for the Afghanistan Security Forces Fund in the amount of $7,726,720,000. (b) Continuation of prior authorities and notice and reporting requirements Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2014 shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 Public Law 111–383 (c) Limitation Of the funds authorized to be appropriated in subsection (a), $2,615,000,000 shall not be obligated or expended until the Secretary of Defense, with the approval of the Director of the Office of Management and Budget, notifies the congressional defense committees that an additional amount is necessary to further develop the capabilities of the Afghanistan security forces. (d) Equipment disposal The United States may accept equipment procured using funds authorized under this section in this or prior Acts that was transferred to the security forces of Afghanistan and returned by such forces to the United States. The equipment described in this subsection as well as equipment not yet transferred to the security forces of Afghanistan when determined by the Commander, Combined Security Transition Command-Afghanistan, or the Secretary’s designee, to no longer be required for transfer to such forces, may be treated as stocks of the Department of Defense upon notification to the congressional defense committees. 1213. Training with security forces of friendly foreign countries (a) In general (1) Authority Chapter 101 of title 10, United States Code, is amended by inserting after section 2011 the following new section: 2011a. General purpose forces: training with friendly foreign forces (a) Authority Under regulations prescribed pursuant to subsection (d), the armed forces and Department of Defense civilian employees may train with the military forces or other security forces of a friendly foreign country in order to prepare the armed forces to train the military forces or other security forces, and supporting institutions, of a friendly foreign country. Training activities may be carried out under this section only with the prior approval of the Secretary of Defense and with the concurrence of the Secretary of State. (b) Authority To pay expenses The Secretary of a military department or commander of a combatant command may pay, or authorize payment for, the incremental expenses incurred by a friendly foreign country as the direct result of training with Department of Defense personnel pursuant to this section. (c) Purpose of training The primary purpose of the training authorized under subsection (a) shall be to train the general purpose forces of a military department or general purpose forces available to the commander of a combatant command in order to— (1) develop and maintain necessary advise and assist training skills; or (2) prepare such forces for the provision of defense services or other assistance under any provision of law. (d) Regulations The Secretary of Defense shall prescribe regulations for the administration of this section. Such regulations shall establish accounting procedures to ensure that the expenditures pursuant to this section are appropriate. (e) Definitions In this section: (1) The term incremental expenses (2) The term other security forces (f) Limitation Not more than $10,000,000 may be used in any fiscal year to pay for the incremental expenses of the military forces or other security forces of a friendly foreign country to train with Department of Defense personnel pursuant to this section. (g) Expiration The authority under this section may not be exercised after September 30, 2018. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2011 the following new item: 2011a. General purpose forces: training with friendly foreign forces. . (b) Budget proposals Section 166(c) of such title is amended— (1) by striking SOF (2) by inserting or 2011a section 2011 1214. Revisions to Global Security Contingency Fund authority (a) Authority Subsection (b)(1) of section 1207 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 22 U.S.C. 2151 (1) in the matter preceding subparagraph (A), by striking forces, and forces, or (2) in subparagraph (A)— (A) by striking and or (B) by inserting or activities counterterrorism operations (C) by striking ; and ; or (b) Types of assistance Subsection (c)(1) of such section is amended by striking and training minor construction, training and education, and professional guidance and advice (c) Transfer authority Subsection (f) of such section is amended— (1) in paragraph (1)— (A) by striking for Defense-wide activities (B) by striking subsection (i) subsection (h) (2) in paragraph (2)— (A) by inserting and Department of State Department of Defense (B) by striking $200,000,000 $300,000,000 (d) Two-Year extension of availability of funds Subsection (i) of such section is amended by striking September 30, 2015 September 30, 2017 (e) Notices to congress Subsection (l) of such section is amended— (1) in paragraph (1)— (A) by striking subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (C); (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (f) Annual report requirement Subsection (m) of such section is amended in the matter preceding paragraph (1)— (1) by striking October 30, 2012, and annually thereafter October 30 each year (2) by striking subsection (q) subsection (o) (g) Repeal of fiscal year 2012 transitional authorities Subsection (n) of such section is repealed. (h) Repeal of statutory funding limitation Subsection (o) of such section is repealed. (i) Redesignation Subsection (p) of such section is redesignated as subsection (n). (j) Extension of expiration date Subsection (q) of such section is redesignated as subsection (o) and is amended— (1) by striking September 30, 2015 September 30, 2017 (2) by striking funds available for fiscal years 2012 through 2015 funds available for a fiscal year beginning before that date 1215. Inter-European Air Forces Academy (a) In general Chapter 907 9416. Inter-European Air Forces Academy (a) Operation The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy for the purpose of providing military education and training to military personnel of countries that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents. (b) Eligible countries (1) No foreign force may be trained under the authority of this section without the concurrence of the Secretary of State. (2) Without prejudice to the inclusion of other forces, the Secretary of Defense and the Secretary of State shall, not later than July 1 of each year agree to a list of countries whose forces will be eligible to attend the academy in the following fiscal year. (3) The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. (c) Costs The costs of operating and maintaining the Inter-European Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force. (d) Supplies and clothing The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this chapter— (1) transportation incident to the training; (2) supplies and equipment to be used during the training; and (3) billeting, food, and health services. (e) Living allowance The Secretary of the Air Force may pay to a person receiving training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances. (f) Maintenance The Secretary of the Air Force may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this chapter. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9415 the following new item: 9416. Inter-European Air Forces Academy. . XIII Other authorizations A Military Programs 1301. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for Defense Working Capital Funds in the amount of $1,545,827,000. 1302. National Defense Sealift Fund Funds are hereby authorized to be appropriated for fiscal year 2014 for the National Defense Sealift Fund in the amount of $730,700,000. 1303. Joint Urgent Operational Needs Fund Funds are hereby authorized to be appropriated for fiscal year 2014 for the Joint Urgent Operational Needs Fund in the amount of $98,800,000. 1304. Chemical Agents and Munitions Destruction, Defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $1,057,123,000, of which— (1) $451,572,000 is for Operation and Maintenance; (2) $604,183,000 is for Research, Development, Test, and Evaluation; and (3) $1,368,000 is for Procurement. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1305. Drug Interdiction and Counter-Drug Activities, Defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $938,545,000. 1306. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $312,131,000, of which— (1) $311,131,000 is for Operation and Maintenance; and (2) $1,000,000 is for Procurement. 1307. Defense Health Program Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $33,351,528,000, of which— (1) $31,950,734,000 is for Operation and Maintenance; (2) $729,613,000 is for Research, Development, Test, and Evaluation; and (3) $671,181,000 is for Procurement. B National Defense Stockpile 1311. Authority to acquire additional materials for the National Defense Stockpile Section 1411 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): (c) Acquisition authority (1) Using funds available in the National Defense Stockpile Transaction Fund, the National Defense Stockpile Manager may acquire the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States: (A) Ferroniobium. (B) Dysprosium Metal. (C) Yttrium Oxide. (2) The National Defense Stockpile Manager may use up to $22,000,000 of the National Stockpile Transaction Fund for acquisition of the materials specified in paragraph (1). (3) The authority under this subsection is available for purchases during fiscal year 2014 through fiscal year 2019. . C Other Matters 1321. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated for section 507 and available for the Defense Health Program for operation and maintenance, $143,087,000 may be transferred by the Secretary of Defense to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 (b) Use of transferred funds For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 1322. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2014 from the Armed Forces Retirement Home Trust Fund the sum of $67,800,000 for the operation of the Armed Forces Retirement Home. XIV Uniformed and Overseas Citizens Absentee Voting Act Amendments 1401. Pre-election reporting requirements on availability and transmission of absentee ballots (a) In general Subsection (c) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 (1) by designating the text of that subsection as paragraph (3) and indenting that paragraph, as so designated, two ems from the left margin; and (2) by inserting before paragraph (3), as so designated, the following new paragraphs: (1) Pre-election report on absentee ballot availability Not later than 55 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential Designee, and make that report publicly available that same day, certifying that absentee ballots are available for transmission to absentee voters, or that it is aware of no circumstances that will prevent absentee ballots from being available for transmission by 46 days before the election. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. (2) Pre-election report on absentee ballots transmitted Not later than 43 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential Designee, and make that report publicly available that same day, certifying whether all absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 46th day before the election have been transmitted to such voters by such date. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election. . (b) Conforming amendments (1) Subsection heading The heading for such subsection is amended to read as follows: Reports on absentee ballots (2) Paragraph heading Paragraph (3) of such subsection, as designated by subsection (a)(1), is amended by inserting Post-election report on number of absentee ballots transmitted and received Not later than 90 days 1402. Transmission requirements; repeal of waiver provision (a) In general Subsection (a)(8) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 voter— voter by the date and in the manner determined under subsection (g); (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of such section is amended to read as follows: (g) Ballot transmission requirements (1) Requests received at least 46 days before an election for federal office For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received at least 46 days before an election for Federal office, the following rules shall apply: (A) Time for transmittal of absentee ballot The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) General rule If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide, at the State’s expense, for the return of such ballot by express delivery. (iii) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to effectuate the purposes of this Act. (2) Requests received after 46th day before an election for federal office For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received less than 46 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request. . 1403. Clarification of state responsibility, civil penalties, and private right of action (a) Enforcement Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4) is amended to read as follows: 105. Enforcement (a) In general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. In any such action, the only necessary party defendant is the State. It shall not be a defense to such action that local election officials are not also named as defendants. (b) Civil penalty In a civil action brought under subsection (a), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State— (1) in an amount not exceeding $110,000, for a first violation, (2) in an amount not exceeding $220,000, for any subsequent violation. (c) Annual report to congress Not later than December 31 of each year, the Attorney General shall submit to Congress a report on any civil action brought under subsection (a) during that year. (d) Private right of action A person who is aggrieved by a State’s violation of this Act may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this Act. (e) Attorney’s fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney’s fees, including litigation expenses, and costs. . (b) Repeal of clarification regarding delegation of state responsibility Section 576 of the Military and Overseas Voter Empowerment Act ( 42 U.S.C. 1973ff–1 1404. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot (a) State responsibilities Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1(a)(3) general (b) Write-In absentee ballots Section 103 of such Act ( 42 U.S.C. 1973ff–2 (1) by striking general (2) by striking general 1405. Treatment of ballot requests (a) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 (1) by striking A State may not (a) Prohibition of refusal of applications on grounds of early submission A State may not ; (2) by inserting or overseas voter an absent uniformed services voter (3) by striking members of the uniformed services (4) by inserting voters or overseas voters (5) by adding at the end the following new subsection: (b) Application treated as valid for subsequent elections (1) In general If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), and any special elections for Federal office held in the State through the calendar year following such general election, the State shall provide an absentee ballot to the voter for each such subsequent election. (2) Exception for voters changing registration Paragraph (1) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State. . (b) Conforming amendment The heading of such section is amended to read as follows: 104. Treatment of ballot requests . 1406. Inclusion of Northern Mariana Islands in the definition of State Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6 and American Samoa American Samoa, and the Commonwealth of the Northern Mariana Islands 1407. Requirement for Presidential designee to revise the Federal post card application to allow voters to designate ballot requests (a) Requirement The Presidential designee shall ensure that the official post card form (prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(b)(2) (1) request an absentee ballot for each election for Federal office held in a State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election) and any special elections for Federal office held in the State through the calendar year following such general election; or (2) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in paragraph (1). (b) Definition In this section, the term Presidential designee 42 U.S.C. 1973ff(a) 1408. Requirement of plurality vote for Virgin Islands and Guam Federal elections Section 2(a) of the Act entitled An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives 48 U.S.C. 1712(a) (1) by striking majority plurality (2) by striking the fourth sentence. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program (a) Elimination of reports for non-Election years Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) by striking March 31 of each year June 30 of each odd-numbered year (2) by striking the following information the following information with respect to the Federal elections held during the preceding calendar year (b) Conforming amendments Such section is further amended— (1) by striking Annual report Biennial report (2) by striking In the case of a description A description XV Authorization of additional appropriations for overseas contingency operations A Authorization of Additional Appropriations 1501. Purpose The purpose of this title is to authorize appropriations for the Department of Defense for fiscal year 2014 to provide additional funds for overseas contingency operations being carried out by the Armed Forces. 1502. Army procurement Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Army in amounts as follows: (1) For aircraft procurement, $711,788,000. (2) For missile procurement, $128,645,000. (3) For ammunition procurement, $180,900,000. (4) For other procurement, $603,123,000. 1503. Joint Improvised Explosive Device Defeat Fund Funds are hereby authorized to be appropriated for fiscal year 2014 for the Joint Improvised Explosive Device Defeat Fund in the amount of $1,000,000,000. 1504. Navy and Marine Corps procurement Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Navy and Marine Corps in amounts as follows: (1) For aircraft procurement, Navy, $240,696,000. (2) For weapons procurement, Navy, $86,500,000. (3) For ammunition procurement, Navy and Marine Corps, $206,821,000. (4) For other procurement, Navy, $17,968,000. (5) For procurement, Marine Corps, $129,584,000. 1505. Air Force procurement Funds are hereby authorized to be appropriated for fiscal year 2014 for procurement for the Air Force in amounts as follows: (1) For aircraft procurement, $115,668,000. (2) For ammunition procurement, $159,965,000. (3) For missile procurement, $24,200,000. (4) For other procurement, $2,574,846,000. 1506. Joint Urgent Operational Needs Fund Funds are hereby authorized to be appropriated for fiscal year 2014 for the Joint Urgent Operational Needs Fund in the amount of $15,000,000. 1507. Defense-wide activities procurement Funds are hereby authorized to be appropriated for fiscal year 2014 for the procurement account for Defense-wide activities in the amount of $111,275,000. 1508. Research, development, test, and evaluation Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $7,000,000. (2) For the Navy, $34,426,000. (3) For the Air Force, $9,000,000. (4) For Defense-wide activities, $66,208,000. 1509. Operation and maintenance Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $29,279,633,000. (2) For the Navy, $6,067,993,000. (3) For the Marine Corps, $2,669,815,000. (4) For the Air Force, $10,005,224,000. (5) For Defense-wide activities, $6,435,078,000. (6) For the Army Reserve, $42,935,000. (7) For the Navy Reserve, $55,700,000. (8) For the Marine Corps Reserve, $12,534,000. (9) For the Air Force Reserve, $32,849,000. (10) For the Army National Guard, $199,371,000. (11) For the Air National Guard, $22,200,000. (12) For the Afghanistan Security Forces Fund, $7,726,720,000. (13) For the Afghanistan Infrastructure Fund, $279,000,000. 1510. Military personnel Funds are hereby authorized to be appropriated for fiscal year 2014 to the Department of Defense for military personnel accounts in the total amount of $9,689,307,000. 1511. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2014 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for the Defense Working Capital Funds in the amount of $264,910,000. 1512. Defense Health Program Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Defense Health Program in the amount of $904,201,000 for operation and maintenance. 1513. Drug Interdiction and Counter-Drug Activities, Defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide in the amount of $376,305,000. 1514. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2014 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense in the amount of $10,766,000. B Limitations and Other Matters 1521. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations (a) Extension of authority Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 Public Law 112–239 fiscal year 2013 fiscal year 2014 (b) Limitation on amounts available Subsection (d)(1) of such section is amended by striking during fiscal year 2013 may not exceed $1,650,000,000 during fiscal year 2014 may not exceed $1,500,000,000 1522. Extension of authority to support operations and activities of the Office of Security Cooperation-Iraq (a) Extension of authority Subsection (f) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 fiscal year 2013 fiscal year 2014 (b) Limitation on amount Subsection (c) of such section is amended by striking 2012 2014 may not exceed $209,000,000. (c) Source of funds Subsection (d) of such section is amended— (1) by striking fiscal year 2012 or fiscal year 2013 fiscal year 2014 (2) by striking fiscal year 2012 or 2013, as the case may be, that fiscal year 1523. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan (a) Extension of authority Subsection (f) of section 1217 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 Public Law 112–239 (1) in paragraph (1), by adding at the end the following new subparagraph: (C) Up to $279,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2014. ; and (2) in paragraph (3), by adding at the end the following new subparagraph: (D) In the case of funds for fiscal year 2014, until September 30, 2015. . (b) Effective date The amendments made by this section shall take effect on October 1, 2013. 1524. Extension of Commanders Emergency Response Program in Afghanistan (a) One-Year extension (1) In general Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 fiscal year 2013 fiscal year 2014 (2) Conforming amendment The heading of subsection (a) of such section is amended by striking Fiscal year 2013 Fiscal year 2014 (b) Amount of funds available during fiscal year 2014 Subsection (a) of such section is further amended by striking $200,000,000 $60,000,000 (c) Repeal of requirement for quarterly briefings Subsection (b) of such section is amended— (1) in the subsection heading, by striking and briefings (2) by striking paragraph (3). 1525. One-year extension of authority to use funds for reintegration activities in Afghanistan Section 1216 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4392), as most recently amended by section 1218 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) in subsection (a)— (A) by striking $35,000,000 $25,000,000 (B) by striking for fiscal year 2013 for fiscal year 2014 (2) in subsection (e), by striking December 31, 2013 December 31, 2014 1526. Extension of authority for Task Force for Business and Stability Operations in Afghanistan (a) Extension Subsection (a) of section 1535 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 Public Law 112–239 (1) in paragraph (6), by striking October 31, 2011, October 31, 2012, and October 31, 2013 October 31, 2014, (2) in paragraph (8), by striking September 30, 2013 September 30, 2014 (b) Funding Paragraph (4)(B) of such subsection is amended— (1) by striking and (2) by striking the period at the end of clause (ii) and inserting ; and (3) by adding at the end the following new clause: (iii) may not exceed $63,800,000 for fiscal year 2014. . (c) Repeal of requirement of quarterly updates to report Paragraph (7) of such subsection is amended by striking subparagraph (B). B Military construction authorizations 2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2014 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2016; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2017. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2016; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2017 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. XXI Army military construction 2101. Authorized Army construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation Amount Alaska Fort Wainwright $103,000,000 Colorado Fort Carson $242,200,000 Florida Eglin AFB $4,700,000 Georgia Fort Gordon $61,000,000 Hawaii Fort Shafter $75,000,000 Kansas Fort Leavenworth $17,000,000 Kentucky Fort Campbell $4,800,000 Maryland Aberdeen Proving Ground $21,000,000 Fort Detrick $7,100,000 Missouri Fort Leonard Wood $90,700,000 North Carolina Fort Bragg $5,900,000 Texas Fort Bliss $46,800,000 Virginia Joint Base Langley-Eustis $50,000,000 Washington Joint Base Lewis-McChord $144,000,000 Yakima $9,100,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation Amount Kwajalein Kwajalein Atoll $63,000,000 Worldwide Classified Classified Location $33,000,000. 2102. Family housing (a) Construction and acquisition Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing Country Installation Units Amount Germany South Camp Vilseck 29 $16,600,000 Wisconsin Fort McCoy 56 $23,000,000. (b) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,408,000. 2103. Authorization of appropriations, Army Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $1,676,754,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $882,300,000. (2) For military construction projects outside the United States authorized by section 2101(b), $96,000,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $74,575,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $44,008,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $512,871,000. (6) For the construction of increment 2 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 2104. Modification of authority to carry out certain fiscal year 2004 project In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 2105. Modification of authority to carry out certain fiscal year 2011 project In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 2106. Modification of authority to carry out certain fiscal year 2010 project In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 2107. Extension of authorizations of certain fiscal year 2010 projects (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2010 Project Authorizations State/ Installation or Project Amount Virginia Fort Belvoir Road and Access Control Point $9,500,000 Washington Fort Lewis Fort Lewis-McChord AFB Joint Access $9,000,000 Kuwait Camp Arifjian APS Warehouses $82,000,000. 2108. Extension of authorizations of certain fiscal year 2011 projects (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2011 Project Authorizations State/ Installation or Project Amount California Presidio of Monterey Advanced Individual Training Barracks $63,000,000 Georgia Fort Benning Land Acquisition $12,200,000 New Mexico White Sands Missile Range Barracks $29,000,000 Germany Wiesbaden AB Access Control Point $5,100,000. XXII Navy military construction 2201. Authorized Navy construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation Amount California Camp Pendleton $13,124,000 Coronado $8,910,000 San Diego $34,331,000 Twentynine Palms $33,437,000 Barstow $14,998,000 Point Mugu $24,667,000 Port Hueneme $33,600,000 Florida Jacksonville $20,752,000 Key West $14,001,000 Mayport $16,093,000 Georgia Albany $16,610,000 Savannah $61,717,000 Hawaii Kaneohe Bay $236,982,000 Pearl City $30,100,000 Pearl Harbor $57,998,000 Illinois Great Lakes $35,851,000 Maine Bangor $13,800,000 Kittery $11,522,000 Maryland Fort Meade $83,988,000 Nevada Fallon $11,334,000 North Carolina Camp Lejeune $77,999,000 New River $45,863,000 Oklahoma Tinker AFB $14,144,000 Rhode Island Newport $12,422,000 South Carolina Charleston $73,932,000 Virginia Norfolk $3,380,000 Quantico $38,374,000 Yorktown $18,700,000 Dam Neck $10,587,000 Washington Whidbey Island $117,649,000 Bremerton $18,189,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation Amount Djibouti Camp Lemonier $29,000,000 Guam Joint Region Marianas $318,377,000 Japan Yokosuka $7,568,000 Camp Butler $5,820,000. 2202. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,438,000. 2203. Improvements to military family housing units Subject to section 2825 2204. Authorization of appropriations, Navy Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,163,520,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $1,205,054,000. (2) For military construction projects outside the United States authorized by section 2201(b), $360,765,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $89,830,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $73,407,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $389,844,000. (6) For the construction of increment 3 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 Public Law 112–239 2205. Modification of authority to carry out certain fiscal year 2011 project In the case of the authorization contained in the table in section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 2206. Modification of authority to carry out certain fiscal year 2012 project In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 2207. Extension of authorizations of certain fiscal year 2011 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2011 Project Authorizations State/ Installation or Project Amount Bahrain Island SW Asia Navy Central Command Ammunition Magazines $89,280,000. 2208. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2011 Project Authorizations State/ Installation or Project Amount Guam Guam Defense Access Roads Improvements $66,730,000. XXIII Air Force military construction 2301. Authorized Air Force construction and land acquisition projects (a) Inside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation Amount Arizona Luke AFB $26,900,000 California Beale AFB $62,000,000 Florida Tyndall AFB $9,100,000 Hawaii Joint Base Pearl Harbor-Hickam $4,800,000 Kentucky Fort Campbell $8,000,000 Maryland Fort Meade $358,000,000 Joint Base Andrews $30,000,000 Missouri Whiteman AFB $5,900,000 Nevada Nellis AFB $78,500,000 New Mexico Cannon AFB $34,100,000 Holloman AFB $2,250,000 Kirtland AFB $30,500,000 North Dakota Minot AFB $23,830,000 Oklahoma Tinker AFB $8,600,000 Texas Fort Bliss $3,350,000 Utah Hill AFB $32,000,000 Virginia Joint Base Langley-Eustis $4,800,000 Unspecified Unspecified Locations $255,700,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation Amount Greenland Thule AB $43,904,000 Guam Joint Region Marianas $176,230,000 Mariana Islands Saipan $29,300,000 United Kingdom RAF Lakenheath $22,047,000 RAF Croughton $12,000,000. 2302. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,267,000. 2303. Improvements to military family housing units Subject to section 2825 2304. Authorization of appropriations, Air Force Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,621,531,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $705,330,000. (2) For military construction projects outside the United States authorized by section 2301(b), $283,481,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $11,314,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $76,360,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $388,598,000. (6) For the construction of increment 3 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of the Public Law 112–81 2305. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2011 Project Authorizations State Installation or Project Amount Bahrain, SW Asia Shaikh Isa AB North Apron Expansion $45,000,000. XXIV Defense Agencies military construction A Defense Agency Authorizations 2401. Authorized Defense Agencies construction and land acquisition projects (a) Inside the united states Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation Amount Alaska Clear AFS $17,204,000 Fort Greely $82,000,000 California Miramar $6,000,000 Defense Distribution Depot-Tracy $37,554,000 Brawley $23,095,000 Colorado Fort Carson $22,282,000 Florida Hurlburt Field $7,900,000 Jacksonville $7,500,000 Tyndall AFB $9,500,000 Key West $3,600,000 Panama City $2,600,000 Georgia Fort Benning $43,335,000 Fort Stewart $44,504,000 Moody AFB $3,800,000 Hunter Army Airfield $13,500,000 Hawaii Joint Base Pearl Harbor-Hickam $2,800,000 Ford Island $2,615,000 Kentucky Fort Campbell $124,211,000 Fort Knox $303,023,000 Maryland Aberdeen Proving Ground $210,000,000 Bethesda Naval Hospital $66,800,000 Massachusetts Hanscom AFB $36,213,000 New Jersey Joint Base McGuire-Dix-Lakehurst $10,000,000 New Mexico Holloman AFB $81,400,000 North Carolina Camp Lejeune $43,377,000 Fort Bragg $172,065,000 North Dakota Minot AFB $6,400,000 Oklahoma Tinker AFB $36,000,000 Altus AFB $2,100,000 Pennsylvania Defense Distribution Depot New Cumberland $9,000,000 South Carolina Beaufort $41,324,000 Tennessee Arnold Air Force Base $2,200,000 Texas Joint Base San Antonio $12,600,000 Virginia Joint Expeditionary Base Little Creek-Story $30,404,000 Quantico $40,586,000 Dam Neck $11,147,000 DLA Aviation Richmond $87,000,000 Pentagon $59,450,000 Washington Whidbey Island $10,000,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation Amount Bahrain Island SW Asia $45,400,000 Belgium Brussels $67,613,000 Germany Weisbaden $109,655,000 Kaiserlautern AB $49,907,000 Ramstein AB $98,762,000 Japan Iwakuni $34,000,000 Kadena AB $38,792,000 Yokosuka $10,600,000 Atsugi $4,100,000 Torri Commo Station $71,451,000 Korea Camp Walker $52,164,000 United Kingdom RAF Mildenhall $84,629,000 Royal Air Force Lakenheath $69,638,000 Worldwide Classified Classified Location $15,000,000. 2402. Authorized energy conservation projects Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 2403. Authorization of appropriations, Defense Agencies Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $4,042,925,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $1,725,089,000. (2) For military construction projects outside the United States authorized by section 2401(b), $751,711,000. (3) For unspecified minor military construction projects under section 2805 (4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $237,838,000. (6) For energy conservation projects under chapter 173 (7) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $55,845,000. (B) For credits to the Department of Defense Family Housing Improvement Fund under section 2883 of title 10, United States Code, and the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 (8) For the construction of increment 8 of the Army Medical Research Institute of Infectious Diseases Stage I at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364 (9) For the construction of increment 5 of the hospital at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 (10) For the construction of increment 3 of the High Performance Computing Center at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 Public Law 112–239 (11) For the construction of increment 3 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 Public Law 112–239 (12) For the construction of increment 2 of the Ambulatory Care Center at Joint Base Andrews, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (13) For the construction of increment 2 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 (14) For the construction of increment 2 of the Aegis Ashore Missile Defense System Complex at Deveselu, Romania, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2128), $85,000,000. B Chemical Demilitarization Authorizations 2411. Authorization of appropriations, chemical demilitarization construction, Defense-wide Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the construction of phase XIV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 107–314 Public Law 110–417 Public Law 111–383 XXV North Atlantic Treaty Organization Security Investment Program 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2012, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $239,700,000. XXVI Guard and Reserve forces facilities A Project Authorizations and Authorization of Appropriations 2601. Authorized Army National Guard construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: Army National Guard: Inside the United States State Installation Amount Alabama Decatur $4,000,000 Arkansas Fort Chaffee $21,000,000 Florida Pinellas Park $5,700,000 Illinois Kankakee $42,000,000 Massachusetts Camp Edwards $19,000,000 Michigan Camp Grayling $17,000,000 Minnesota Stillwater $17,000,000 Mississippi Camp Shelby $3,000,000 Pascagoula $4,500,000 Missouri Whiteman AFB $5,000,000 Macon $9,100,000 New York New York $31,000,000 Ohio Ravenna Army Ammunition Plant $5,200,000 Pennsylvania Fort Indiantown Gap $40,000,000 South Carolina Greenville $26,000,000 Texas Fort Worth $14,270,000 Wyoming Afton $10,200,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations outside the United States, and in the amounts, set forth in the following table: Army National Guard: Outside the United States Country Installation Amount Puerto Rico Camp Santiago $5,600,000. 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Installation Amount California Fort Hunter Liggett $16,500,000 Camp Parks $17,500,000 Maryland Bowie $25,500,000 New Jersey Joint Base McGuire-Dix-Lakehurst $36,200,000 New York Bullville $14,500,000 North Carolina Fort Bragg $24,500,000 Wisconsin Fort McCoy $23,400,000. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation Amount California March AFB $11,086,000 Missouri Kansas City $15,020,000 Tennessee Memphis $4,330,000. 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Installation Amount Alabama Birmingham IAP $8,500,000 Indiana Hulman Regional Airport $7,300,000 Maryland Fort Meade $4,000,000 Martin State Airport $12,900,000 Montana Great Falls IAP $22,000,000 New York Fort Drum $4,700,000 Ohio Springfield Beckley-Map $7,200,000 Pennsylvania Fort Indiantown Gap $7,700,000 Rhode Island Quonset State Airport $6,000,000 Tennessee McGhee-Tyson Airport $18,000,000. 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Installation Amount California March AFB $19,900,000 Florida Homestead AFS $9,800,000 Oklahoma Tinker AFB $12,200,000. 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 (1) For the Department of the Army, for the Army National Guard of the United States, $320,815,000. (2) For the Department of the Army, for the Army Reserve, $174,060,000. (3) For the Department of the Navy, for the Navy and Marine Corps Reserve, $32,976,000. (4) For the Department of the Air Force, for the Air National Guard of the United States, $119,800,000. (5) For the Department of the Air Force, for the Air Force Reserve, $45,659,000. B Other Matters 2611. Modification of authority to carry out certain fiscal year 2013 project In the case of the authorization contained in the table in section 2603 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 2612. Extension of authorization of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: State Installation or Project Amount Tennessee Nashville International Airport Intelligence Group and Remotely Piloted Aircraft Remote Split Operations Group $5,500,000. 2613. Extension of authorization of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is a follows: State Installation or Project Amount Puerto Rico Camp Santiago Multi Purpose Machine Gun Range $9,200,000. XXVII Base realignment and closure activities 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 (1) For the Department of the Army, $180,401,000. (2) For the Department of the Navy, $144,580,000. (3) For the Department of the Air Force, $126,376,000. XXVIII Military construction general provisions A Military Construction Program Changes 2801. Revisions to minor military construction authorities (a) Establishment of minor military construction exception threshold Subsection (a) of section 2805 (3) For purposes of this section, the minor military construction exception threshold is $4,000,000. . (b) Increase in dollar thresholds for certain authorities relating to unspecified minor military construction (1) Maximum amount for projects to correct deficiencies that are life-, health-, or safety-threatening Subsection (a)(2) of such section is amended by striking $3,000,000 the minor military construction exception threshold (2) Maximum amount for general rule for projects for which O&M funds may be used Subsection (c) of such section is amended by striking $750,000 $1,000,000 (c) Minimum amount for projects subject to secretarial approval and congressional notice-and-Wait Subsection (b)(1) of such section is amended by striking $750,000 the amount specified in subsection (c) (d) Modification and extension of authority for laboratory revitalization projects (1) Modification Subsection (d) of such section is amended— (A) in paragraph (1)(A), by striking not more than $2,000,000 not more than $4,000,000, notwithstanding subsection (c) (B) in paragraph (2), by striking (2) (2) For purposes of this subsection, an unspecified minor military construction project is a military construction project that (notwithstanding subsection (a)) has an approved cost equal to or less than $4,000,000. (2) Effective date The amendments made by paragraph (1) do not apply to any laboratory revitalization project for which the design phase has been completed as of the date of the enactment of this Act. 2802. Change in authorities relating to unspecified minor construction Section 2805 (f) Adjustments for location The dollar limitations specified in subsections (a) through (d) shall be adjusted to reflect the appropriate area construction cost index for military construction projects published by the Department of Defense. The appropriate cost index shall be the factor published during the prior fiscal year that applies to the location of the project. . 2803. Change in authorities relating to scope of work variations for military construction projects (a) Limited authority for scope of work increase Section 2853 (1) in subsection (b)(2), by striking The scope of work Except as provided in subsection (d), the scope of work (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following new subsection (d): (d) The limitation in subsection (b)(2) on an increase in the scope of work does not apply if— (1) the increase in the scope of work is not more than 10 percent of the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition; (2) the increase is approved by the Secretary concerned; (3) the Secretary concerned notifies the appropriate committees of Congress in writing of the increase in scope and the reasons therefor; and (4) a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title. . (b) Cross-Reference amendment Subsection (a) of such section is amended by striking or (d) or (e) 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States (a) Limitation of authority Effective on October 1, 2013, subsection (c)(1) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 shall not exceed $200,000,000 in a fiscal year shall not exceed $100,000,000 between October 1, 2013 and December 31, 2014 (b) Extension of authority Subsection (h) of such section is amended— (1) in paragraph (1), by striking September 30, 2013 December 31, 2014 (2) in paragraph (2), by striking fiscal year 2014 fiscal year 2015 (c) Technical amendment Subsection (i) of such section is amended to read as follows: (i) Definitions In this section: (1) The term area of responsibility (2) The term area of interest . B Real Property and Facilities Administration 2811. Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements (a) Authority Subsection (e)(1)(C) of section 2667 (vi) Amounts as the Secretary considers necessary to cover program expenses incurred by the Secretary under this section and for easements under section 2668 of this title. . (b) Program expenses defined Subsection (i) of such section is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): (4) The term program expenses . 2812. Application of cash payments received for utilities and services Section 2872a(c)(2) from which the cost of furnishing the utilities or services concerned was paid currently available for the purpose of furnishing utilities or services under subsection (a) 2813. Acquisition of real property at Naval Base Ventura County, California (a) Authority The Secretary of the Navy may acquire all right, title, and interest to property and improvements at Naval Base Ventura County, California, constructed pursuant to section 801 of Public Law 98–115 (b) Use Upon acquiring the real property under subsection (a), the Secretary may use the improvements as provided in sections 2835 2835a 2814. Authority to plan, design, construct or lease shared medical facilities with Department of Veterans Affairs (a) Authority To plan, design, and construct or lease a shared medical facility (1) In general Chapter 55 1104a. Shared medical facilities with Department of Veterans Affairs (a) Agreements The Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction, or leasing, of facilities to be operated as shared medical facilities. (b) Transfer of funds by the secretary of defense (1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) Amounts, not in excess of the amount authorized by law for an unspecified minor military construction project, for a project for the construction of or for a shared medical facility if the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under section 2805 of this title and if the other requirements of such section have been met with respect to funds identified for transfer. (B) Amounts appropriated for the Defense Health Program for the purpose of construction, planning, and design, or the leasing of space, for a shared medical facility. (2) The authority to transfer funds under this section is in addition to any other authority to transfer available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer under this subsection. (c) Transfer of funds to the Secretary of Defense (1) Any amount transferred under section 8111B (2) Amounts transferred under section 8111B (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects that have an approved cost not more than $12,000,000, so long as the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred Any amount transferred to the Secretary of Veterans Affairs pursuant to subsection (b), and any amount transferred to the Secretary of Defense as described in subsection (c), shall be merged with, and be available for the same purposes and the same time period as, the appropriation or fund to which transferred. (e) Definition In this section, the term shared medical facility . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1104 the following new item: 1104a. Shared medical facilities with Department of Veterans Affairs. . (b) Conforming amendment Section 2801 (1) in subsection (a), by inserting or property under the control of the Secretary of Veterans Affairs for shared medical facilities, with respect to a military installation, (2) in subsection (b), by inserting , including a shared medical facility with the Department of Veterans Affairs pursuant to section 1104a of this title and section 8111B of title 38, existing facility 2815. Change from calendar year to fiscal year for annual report of Interagency Coordination Group of Inspectors General for Guam Realignment Section 2835(e)(1) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 calendar year fiscal year 2816. Promotion of interagency cooperation to conserve land and natural resources and sustain military readiness Section 2684a(d)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) Notwithstanding any other provision of law relating to matching funds or cost-share requirements, funds provided by the Secretary of Defense or the Secretary of a military department pursuant to an agreement under this section may, with regard to the lands or waters within the scope of the agreement, be used by the recipient of such funds to satisfy any matching funds or cost-share requirement of any program administered by the Department of Agriculture for the purpose of protecting or enhancing habitat, forests, agricultural lands, or wetlands. . C Land Withdrawals 2821. Military land withdrawals and codification of statutory provisions relating to China Lake, Limestone Hills, Chocolate Mountain, and Twentynine Palms (a) Military land withdrawals and creation of new chapter Subtitle A of title 10, United States Code, is amended by inserting after chapter 173 the following new chapter: 174 Land Withdrawals Subchapter I. General Provisions 2931 II. China Lake, California 2955 III. Limestone Hills, Montana 2957 IV. Chocolate Mountain, California 2959 V. Twentynine Palms, California 2961 I General Provisions Sec. 2931. General applicability; definition. 2932. Maps and legal descriptions. 2933. Access restrictions. 2934. Changes in use. 2935. Authorizations for nondefense-related uses. 2936. Brush and range fire prevention and suppression. 2937. On-going decontamination. 2938. Water rights. 2939. Hunting, fishing, and trapping. 2940. Limitation on extensions and renewals. 2941. Application for renewal of a withdrawal and reservation. 2942. Limitation on subsequent availability of lands for appropriation. 2943. Relinquishment. 2944. Interchanges and transfers of Federal lands. 2945. Delegability by the Secretary of the Interior. 2946. Land withdrawals; immunity of the United States. 2931. General applicability; definition (a) Applicability of subchapter The provisions of this subchapter apply to any withdrawal made by this chapter. (b) Rules of construction (1) Except as may be provided pursuant to section 2944 of this title, nothing in this chapter shall be construed as assigning management of real property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior. (2) The terms manage management (c) Definition In this chapter, the term Indian tribe 25 U.S.C. 479a 2932. Maps and legal descriptions (a) Preparation of maps and legal descriptions As soon as practicable after the date of the enactment of a subchapter of this chapter, the Secretary of the Interior shall— (1) publish in the Federal Register a notice containing the legal description of the lands withdrawn and reserved by such subchapter; and (2) file a map or maps and legal description of the lands withdrawn and reserved by such subchapter with the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (b) Legal effect Such maps and legal descriptions shall have the same force and effect as if they were included in this chapter, except that the Secretary of the Interior may correct clerical and typographical errors in such maps and legal descriptions. (c) Availability Copies of such maps and legal descriptions shall be available for public inspection— (1) in the appropriate offices of the Bureau of Land Management; (2) in the office of the commanding officer of the military installation at which the lands are withdrawn; and (3) if the military installation is under the management of the National Guard, in the office of the Adjutant General of the State in which the installation is located. (d) Costs The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section. 2933. Access restrictions (a) In general If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary may take such action as the Secretary determines necessary or desirable to effect and maintain such closure. (b) Limitation Any closure under subsection (a) shall be limited to the minimum areas and periods that the Secretary concerned determines are required for the purposes specified in such subsection. (c) Consultation (1) Before a closure under this section is implemented, the Secretary concerned shall consult with the Secretary of the Interior. (2) In a case in which such a closure may affect access to or use of sacred sites or resources considered important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable time, with that tribe. (3) No consultation is required under paragraph (1) or (2)— (A) if the closure is already provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or (B) in the case of an emergency, as determined by the Secretary concerned. (d) Notice Immediately preceding and during any closure under subsection (a), the Secretary concerned shall post appropriate warning notices and take other steps, as necessary, to notify the public of the closure. 2934. Changes in use (a) Other uses authorized The Secretary concerned may authorize the use of lands withdrawn and reserved by a subchapter of this chapter for defense-related purposes in addition to the purposes specified in such subchapter. (b) Notice to secretary of the interior The Secretary concerned shall promptly notify the Secretary of the Interior in the event that the lands withdrawn and reserved by a subchapter of this chapter will be used for additional defense-related purposes. Such notification shall indicate— (1) the additional use or uses involved; (2) the planned duration of such additional uses; and (3) the extent to which such additional uses will require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted non-defense-related uses of the withdrawn and reserved lands or portions thereof. 2935. Authorizations for nondefense-related uses (a) Authorizations by the secretary of the interior Subject to the applicable withdrawals contained in each subchapter of this chapter, with the consent of the Secretary concerned, the Secretary of the Interior may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter. (b) Authorizations by the secretary concerned The Secretary concerned may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter— (1) for a defense-related purpose; or (2) subject to the consent of the Secretary of the Interior, for a non-defense-related purpose. (c) Form of authorization An authorization under this section may be provided by lease, easement, right-of-way, permit, license, or other instrument authorized by law. (d) Prevention of drainage of oil or gas resources For the purpose of preventing drainage of oil or gas resources, the Secretary of the Interior may lease lands otherwise withdrawn from operation of the mineral leasing laws and reserved for defense-related purposes under this chapter, under such terms and conditions as the Secretary considers appropriate. No surface occupancy may be approved by the Secretary of the Interior without the consent of the Secretary concerned. The Secretary of the Interior may unitize or consent to communitization of such lands. The Secretary of the Interior may promulgate regulations to implement this subsection. 2936. Brush and range fire prevention and suppression (a) Required activities The Secretary concerned shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by this chapter, including fires outside those lands that spread from the withdrawn and reserved lands and which occurred as a result of such activities. (b) Cooperation of secretary of the interior At the request of the Secretary concerned, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary concerned. Notwithstanding section 2215 of this title, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing such assistance. 2937. On-going decontamination Throughout the duration of a withdrawal and reservation of lands under this chapter, the Secretary concerned shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of this title. 2938. Water rights (a) No reservation created Nothing in this chapter shall be construed— (1) to establish a reservation in favor of the United States with respect to any water or water right on the lands withdrawn and reserved by this chapter; or (2) to authorize the appropriation of water on such lands except in accordance with applicable State law. (b) Effect on previously acquired or reserved water rights This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of the applicable subchapter of this chapter, and the Secretary concerned may exercise any such previously acquired or reserved water rights. 2939. Hunting, fishing, and trapping Section 2671 of this title shall apply to all hunting, fishing, and trapping on the lands withdrawn and reserved by this chapter and for which management has been assigned to the Secretary concerned. 2940. Limitation on extensions and renewals The withdrawals and reservations established by this chapter may not be extended or renewed except by a law enacted by Congress. 2941. Application for renewal of a withdrawal and reservation (a) Notice To the extent practicable, no later than five years before the termination of a withdrawal and reservation established by a subchapter of this chapter, the Secretary concerned shall notify the Secretary of the Interior as to whether or not the Secretary concerned will have a continuing defense-related need for any of the lands withdrawn and reserved by such subchapter after the termination date of such withdrawal and reservation. The Secretary concerned shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (b) Filing for extension If the Secretary concerned concludes that there will be a continuing defense-related need for any of such lands after the termination date, the Secretary shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals. 2942. Limitation on subsequent availability of lands for appropriation At the time of termination of a withdrawal and reservation made by a subchapter of this chapter, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes. 2943. Relinquishment (a) Notice of intention To relinquish If, during the period of withdrawal and reservation, the Secretary concerned decides to relinquish any or all of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary concerned shall file a notice of intention to relinquish with the Secretary of the Interior. (b) Determination of contamination As a part of the notice under subsection (a), the Secretary concerned shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances. (c) Public notice The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands. (d) Decontamination of lands To be relinquished (1) Decontamination required If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary concerned, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary concerned shall decontaminate the land to the extent that funds are appropriated for such purpose. (2) Alternatives If the Secretary of the Interior, after consultation with the Secretary concerned, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment. (3) Status of contaminated lands upon termination If, because of their contaminated state, the Secretary of the Interior declines to accept the lands withdrawn and reserved by a subchapter of this chapter which have been proposed for relinquishment, or if at the expiration of the withdrawal and reservation made by such subchapter the Secretary of the Interior determines that some of the lands withdrawn and reserved by such subchapter are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws— (A) the Secretary concerned shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; (B) after the expiration of the withdrawal and reservation, the Secretary concerned shall undertake no activities on such lands except in connection with decontamination of such lands; and (C) the Secretary concerned shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph. (e) Revocation authority Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation established by a subchapter of this chapter as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall— (1) terminate the withdrawal and reservation; (2) constitute official acceptance of the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws. (f) Acceptance by secretary of the interior Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress. 2944. Interchanges and transfers of Federal lands (a) Authority The Secretary of the Interior and the Secretary concerned may interchange or transfer between each other parcels of Federal land under their jurisdiction. A parcel may include multiple non-contiguous pieces of Federal lands. (b) Conditions Any interchange or transfer of land under this section is subject to the following conditions: (1) The Secretary of the Interior and the Secretary concerned must each determine that the interchange or transfer is to the benefit of their respective department and in the public interest. (2) Both parcels of land to be interchanged must, before the interchange, be located on the same military installation. (3) Both parcels of land to be interchanged must be of approximately the same acreage. (4) The parcel to be transferred must be located on the military installation to which it is transferred. (5) The parcel interchanged or transferred by the Secretary of the Interior must be part of the lands withdrawn and reserved by this chapter. (6) The parcel interchanged or transferred by the Secretary concerned must be under the administrative jurisdiction of the Secretary concerned and excess to the needs of the Department of Defense. (7) During the term of a withdrawal, no more than 5,000 acres may be transferred under this section by one Secretary to the other on any one military installation. (c) Status of federal land after interchange Upon completion of an interchange or transfer under this section— (1) at the discretion of the Secretary of the Interior, a parcel received by the Secretary of the Interior may— (A) become withdrawn and reserved lands under the provisions of this chapter; or (B) be managed as public lands under the provisions of the Federal Land Policy and Management Act ( 43 U.S.C. 1701 et seq. (2) a parcel received by the Secretary concerned shall— (A) cease to be part of the public lands and lands withdrawn and reserved by this chapter; and (B) be treated as property under section 102(9) (d) Equalization payments Neither the Secretary of the Interior nor the Secretary concerned may make an equalization payment to further a land interchange or transfer under this section. 2945. Delegability by the Secretary of the Interior The Secretary of the Interior may delegate the Secretary’s functions under this chapter, except that an order pursuant to section 2942 of this title and a revocation order pursuant to section 2943(e) of this title may be approved and signed only by individuals in the Office of the Secretary who have been appointed by the President, by and with the advice and consent of the Senate. 2946. Land withdrawals; immunity of the United States The United States and all departments and agencies thereof, and their officers and employees, shall be held harmless and shall not be liable for any injuries or damages to persons or property suffered in the course of any mining or mineral or geothermal leasing activity or other authorized non-defense-related activity conducted on lands withdrawn and reserved by this chapter. II China Lake, California Sec. 2955a. Withdrawal and reservation. 2955b. Management of withdrawn and reserved lands. 2955c. Duration of withdrawal and reservation. 2955a. Withdrawal and reservation (a) Withdrawal (1) Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing laws. (b) Reservation The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes: (1) Use as a research, development, test, and evaluation laboratory. (2) Use as a range for air warfare weapons and weapon systems. (3) Use as a high hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems. (4) Geothermal leasing, development, and related power production activities. (5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (c) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands located within the boundaries of the Naval Air Weapons Station China Lake, comprising approximately 1,030,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on a map entitled Naval Air Weapons Station China Lake Withdrawal—Renewal 2955b. Management of withdrawn and reserved lands (a) Management by the Secretary of the Interior (1) Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2955a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (2) To the extent consistent with applicable law and Executive orders, the lands withdrawn by section 2955a of this title may be managed in a manner permitting the following activities: (A) Grazing. (B) Protection of wildlife and wildlife habitat. (C) Preservation of cultural properties. (D) Control of predatory and other animals. (E) Recreation and education. (F) Prevention and appropriate suppression of brush and range fires resulting from non-military activities. (G) Geothermal leasing and development and related power production activities. (3) All non-defense-related uses of such lands, including the uses described in paragraph (2), shall be subject to such conditions and restrictions as may be necessary to permit the defense-related use of such lands for the purposes specified in or authorized pursuant to this chapter. (b) Assignment of management (1) The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2955a of this title to the Secretary of the Navy who, if so assigned, shall manage such lands in accordance with this title, title I of the Sikes Act ( 16 U.S.C. 670a et seq. (2) The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity which involves both the lands withdrawn and reserved by section 2955a of this title and any other lands not under the administrative jurisdiction of the Secretary of the Navy. Any such authorization shall be issued only with the consent of the Secretary of the Navy and shall be subject to such conditions as the Secretary of the Navy may prescribe with regard to those lands withdrawn and reserved by section 2955a of this title. (3) Neither this chapter nor any other provision of law shall be construed to prohibit the Secretary of the Interior from issuing and administering any lease pursuant to the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. (4) This chapter shall not affect the geothermal exploration and development authority of the Secretary of the Navy under section 2917 of this title with respect to the lands withdrawn and reserved by section 2955a, except that the Secretary of the Navy shall obtain the concurrence of the Secretary of the Interior before taking action under section 2917. (5) Upon the expiration of the withdrawal and reservation or upon the relinquishment of the lands withdrawn and reserved by section 2955a of this title, Navy contracts for the development of geothermal resources at Naval Air Weapons Station China Lake then in effect (as amended or renewed by the Navy after the date of the enactment of this subchapter) shall remain in effect, except that the Secretary of the Interior, with the consent of the Secretary of the Navy, may offer to substitute a standard geothermal lease for any such contract. (6) Any lease made pursuant to section 2935(d) of this title of lands withdrawn and reserved by section 2955a of this title shall require the concurrence of the Secretary of the Navy if the Secretary determines that the proposed lease may interfere with geothermal resources on those lands. (7) The Secretary of the Navy shall be responsible for the management of wild horses and burros located on the lands withdrawn and reserved by section 2955a of this title and may use helicopters and motorized vehicles for such purpose. Such management shall be conducted in accordance with laws applicable to such management on public lands. The Secretary of the Interior and the Secretary of the Navy shall enter into an agreement for implementation of such management. (c) Continuation of existing agreement The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date of the enactment of this subchapter pursuant to section 805 of the California Military Lands Withdrawal and Overflights Act of 1994 shall continue in effect until the earlier of— (1) the date on which the Secretaries enter into a new agreement; or (2) the date that is one year after the date of the enactment of this subchapter. (d) Cooperation in development of management plan (1) The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land resources and land uses on the lands withdrawn and reserved by section 2955a of this title. (2) Cooperative arrangements under paragraph (1) shall focus on and apply to sustainable management and protection of the natural and cultural resources and environmental values found on such withdrawn and reserved lands, consistent with the defense-related purposes for which those lands are withdrawn and reserved. (3) Each cooperative arrangement under paragraph (1) shall include a comprehensive land use management plan which shall integrate and be consistent with all applicable law, including the requirements of title I of the Sikes Act and the Federal Land Policy and Management Act of 1976. Each such management plan shall be reviewed annually and shall be updated, as needed, in response to evolving management requirements and to complement the updates of other applicable land use and resource management and planning. (e) Implementing agreement (1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the comprehensive land use management plan developed under subsection (d). (2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time. 2955c. Duration of withdrawal and reservation The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. III Limestone Hills, Montana Sec. 2957a. Withdrawal and reservation. 2957b. Management of withdrawn and reserved lands. 2957c. Duration of withdrawal and reservation. 2957d. Special rules governing minerals management. 2957e. Grazing. 2957a. Withdrawal and reservation (a) Withdrawal Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes: (1) The conduct of training for active and reserve components of the armed forces. (2) The conduct of training by the Montana Department of Military Affairs; any such use may not interfere with purposes specified in paragraphs (1) and (3). (3) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (5) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions; any such use may not interfere with military training activities. (c) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 18,644 acres in Broadwater County, Montana, as generally depicted as Proposed Land Withdrawal Limestone Hills Training Area Land Withdrawal (d) Indian tribes Nothing in this subchapter shall be construed as altering any rights reserved for an Indian tribe for tribal use by treaty or Federal law. Subject to section 2933 of this title, the Secretary of the Army shall consult with any Indian tribe in the vicinity of the lands withdrawn and reserved by this section before taking action affecting tribal rights or cultural resources protected by treaty or Federal law. 2957b. Management of withdrawn and reserved lands During the period of the withdrawal and reservation made by this subchapter, the Secretary of the Army shall manage the lands withdrawn and reserved by this subchapter for the purposes specified in section 2957a of this title. 2957c. Duration of withdrawal and reservation (a) Term The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. (b) Extension of term Notwithstanding section 2940 of this title, in accordance with section 2 of the Act of February 28, 1958, Public Law 85–337 Engle Act 43 U.S.C. 156 43 U.S.C. 1714 2957d. Special rules governing minerals management (a) Indian creek mine Locatable mineral activities in the approved Indian Creek Mine, plan of operations MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. Notwithstanding section 2935 of this title, the Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the military uses of such lands. The coordination of such disposition of and exploration for minerals with military uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (d). (b) Removal of unexploded ordnance on lands To be mined The Secretary of the Army shall request funding for and, subject to the availability of such funds, shall remove unexploded ordnance on lands withdrawn and reserved by this subchapter which are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek mine pursuant to subsection (a). (c) Report on removal activities The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to subsection (b). The report shall include the amounts of funding expended for unexploded ordnance removal on such lands. (d) Implementation agreement for mining activities (1) The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The agreement shall provide the following: (A) Procedures that will be used to facilitate day-to-day joint-use of the Limestone Hills Training Area. (B) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. (C) Procedures for scheduling of the removal of unexploded ordnance. (2) The Secretary of the Interior and the Secretary of the Army shall invite Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, to be a party to the agreement. 2957e. Grazing (a) Issuance and administration of permits and leases The issuance and administration of grazing permits and leases, including their renewal, on the lands withdrawn and reserved by this subchapter shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases. (b) Safety requirements With respect to any grazing permit or lease issued after the date of enactment of this subchapter for lands withdrawn and reserved by this subchapter, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands. (c) Assignment The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn and reserved by this subchapter. IV Chocolate Mountain, California Sec. 2959a. Withdrawal and reservation. 2959b. Management of withdrawn and reserved lands. 2959c. Duration of withdrawal and reservation. 2959d. Access. 2959a. Withdrawal and reservation (a) Withdrawal Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes: (1) Testing and training for aerial bombing, missile firing, tactical maneuvering, and air support. (2) Small unit ground forces training, including artillery firing, demolition activities, and small arms field training. (3) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (c) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 228,325 acres in Imperial and Riverside Counties, California, as generally depicted on a map entitled Chocolate Mountain Aerial Gunnery Range Proposed—Withdrawal 2959b. Management of withdrawn and reserved lands (a) Management by the Secretary of the Interior Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2959a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (b) Assignment of management to the Secretary of the Navy The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2959a of this title to the Secretary of the Navy. If the Secretary of the Navy accepts such assignment, that Secretary shall manage such lands in accordance with this title, title I of the Sikes Act ( 16 U.S.C. 670a et seq. (c) Implementing agreement (1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the assignment of management responsibility pursuant to subsection (b). (2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time. (d) Access agreement The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to address access to and maintenance of Bureau of Reclamation facilities located within the boundary of the Chocolate Mountains Aerial Gunnery Range. 2959c. Duration of withdrawal and reservation The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. 2959d. Access Notwithstanding section 2933 of this title, the lands withdrawn and reserved by section 2959a of this title, other than those constituting the Bradshaw Trail, are closed to the public and all uses, other than those authorized by section 2959a(b) of this title or pursuant to section 2934 of this title, shall be subject to such conditions and restrictions as may be necessary to prevent any interference with the uses authorized by section 2959a(b) of this title or pursuant to section 2934 of this title. V Twentynine Palms, California Sec. 2961a. Withdrawal and reservation. 2961b. Management of withdrawn and reserved lands. 2961c. Duration of withdrawal and reservation. 2961a. Withdrawal and reservation (a) Withdrawal Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (d), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation for Secretary of the Navy The lands withdrawn by subsection (a) constituting the Exclusive Military Use Area are reserved for use by the Secretary of the Navy for the following purposes: (1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air ground task forces. (2) Individual and unit live-fire training ranges. (3) Equipment and tactics development. (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. (c) Reservation for Secretary of the Interior The lands withdrawn by subsection (a) constituting the Shared Use Area are reserved for use by the Secretary of the Navy for the purposes specified in subsection (b) and for the Secretary of the Interior for the following purposes: (1) Public recreation when not used for military training and having been determined as suitable for public use. (2) Natural resources conservation. (d) Land description The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 154,663 acres in San Bernardino County, California, as generally depicted on a map entitled ____, dated ___, and filed in accordance with section 2932 of this title. Such lands are divided into two areas, as follows: (1) The Exclusive Military Use Area, divided into four areas, consisting of one area to the west of the Marine Corps Air Ground Combat Center of approximately 103,618 acres, one area south of the Marine Corps Air Ground Combat Center of approximately 21,304 acres, and two other areas, each measuring approximately 300 meters square, located inside the boundaries of the Shared Use Area. (2) The Shared Use Area, consisting of approximately 36,755 acres. 2961b. Management of withdrawn and reserved lands (a) Management by the Secretary of the Navy During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Navy shall, subject to subsection (b), manage the lands withdrawn and reserved by section 2961a of this title for the purposes specified in such section pursuant to— (1) an integrated natural resources management plan prepared and implemented pursuant to title I of the Sikes Act ( 16 U.S.C. 670 et seq. (2) this title; and (3) a programmatic agreement between the United States Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, training, and construction at the United States Marine Air Ground Task Force Training Command, Marine Corps Air Ground Combat Center, Twentynine Palms, California. (b) Management by the Secretary of the Interior (1) During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the Shared Use Area except for two 30-day periods each year when such lands are exclusively used by the Secretary of the Navy for military training purposes, during which time the Secretary of the Navy shall manage such lands. (2) The Secretary of the Interior, during the period of the Secretary’s management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(c) of this title in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (B) any other applicable law and regulations. (3) The Secretary of the Navy, during the period of the Secretary’s management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(b) of this title in accordance with— (A) an integrated natural resources management plan prepared and implemented in accordance with title I of the Sikes Act ( 16 U.S.C. 670a et seq. (B) this title; and (C) the programmatic agreement referred to in subsection (a)(3). (c) Public access (1) Notwithstanding section 2933 of this title, the Exclusive Military Use Area shall be closed to all public access unless otherwise authorized by the Secretary of the Navy. (2) The Shared Use Area shall be open to public recreational use during the period it is under the management of the Secretary of the Interior, but only after being determined as suitable for public use by the Secretary of the Navy. Any such determination shall not be unreasonably withheld. (3) (A) The Secretary of the Navy and the Secretary of the Interior, by agreement, shall establish a Resource Management Group comprised of representatives of the Departments of the Interior and Navy. (B) The Group shall— (i) develop and implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the withdrawn lands; and (ii) advise the Secretaries of the Interior and Navy as to all issues associated with the multiple uses of the Shared Use Area. (C) The Group shall meet at least once a year and shall seek information from relevant California State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the Shared Use Area. (4) Military training within the Shared Use Area shall not be conditioned on, nor shall such training be precluded by— (A) the lack of a Department of the Interior developed and implemented recreation management plan or land use management plan for the Shared Use Area; or (B) any legal or administrative challenge to any such recreation management plan or land use plan document. (5) The Shared Use Area shall be managed so as not to compromise the ability of the Department of the Navy to conduct military training in the Area. (d) Implementation agreement The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement the management responsibility relating to the Shared Use Area. The agreement— (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision; (2) shall have a duration which shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time; (3) may provide for the integration of the management plans required of the Secretaries of the Interior and Navy by this chapter; (4) may provide for delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and (5) may provide for the Secretaries of the Interior and Navy to share resources in order to most efficiently and effectively manage the Shared Use Area. (e) Johnson Valley Off-Highway Vehicle Recreation Area (1) Designation Approximately 45,000 acres (as depicted on the map referred to in section 2961a of this title) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that are not withdrawn and reserved for defense-related uses by this subchapter, together with the Shared Use Area, are hereby designated as the Johnson Valley Off-Highway Vehicle Recreation Area (2) Authorized activities To the extent consistent with applicable Federal law and regulations and this chapter, any authorized recreation activities and use designation in effect on the date of the enactment of this subchapter and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation. (3) Administration The Secretary of the Interior shall administer the Johnson Valley Off-Highway Vehicle Recreation Area (other than that portion consisting of the Shared Use Area the management of which is addressed elsewhere in this section) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws and regulations. (4) Transit In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley Off-Highway Vehicle Recreation Area for defense-related purposes supporting military training (including military range management and management of exercise activities) conducted on the lands withdrawn and reserved by this subchapter. 2961c. Duration of withdrawal and reservation The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. . (b) Compensation to Broadwater County, Montana The Secretary of the Army may pay Broadwater County, Montana, a one-time lump sum payment of $1,000,000 to offset the 25-year loss of payments in lieu of taxes provided to the County by the Federal Government for lands withdrawn and reserved by subchapter III of chapter 174 (c) Termination of prior withdrawals The withdrawal and reservation contained in section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 is hereby terminated. Notwithstanding such termination, all rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Interior or a Secretary concerned with respect to the lands withdrawn and reserved under such section, unless inconsistent with the provisions of chapter 174 (d) Clerical amendment The table of chapters at the beginning of subtitle A of such title and at the beginning of part IV of such subtitle are each amended by inserting after the item relating to chapter 173 the following new item: 174. Land Withdrawals 2931. . 2822. Fort Bliss military land withdrawal (a) Revocation of withdrawal; return of administration Effective on the date of the enactment of this Act— (1) Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822), is revoked as to the approximately 2,050 acres of lands generally depicted as Parcel 1 Doña Ana County Land Transfer and Withdrawal map (2) administration of the lands is returned from the Secretary of the Army to the Secretary of the Interior, acting through the Director of the Bureau of Land Management; and (3) the lands shall be managed as public lands in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (b) Withdrawal (1) In general Subject to valid existing rights and the limitations in paragraph (2), the parcels of Federal land generally depicted on the map as Parcel 2 Parcel 3 (2) Limitation Notwithstanding paragraph (1), Parcel 3 is not withdrawn for purposes of the issuance of oil and gas pipeline rights-of-way. (c) Maps and legal description (1) Publication and filing As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall— (A) publish in the Federal Register a legal description of the parcels of Federal land returned by subsection (a) and withdrawn by subsection (b); and (B) file copies of the map described in subsection (a) and the legal description of the parcels with the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (2) Force of law The map and legal descriptions filed under paragraph (1)— (A) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the map and legal descriptions; and (B) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. D Other matters 2831. Modification of amount authorized for military construction project, Andersen Air Force Base, Guam The table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 $58,000,000 $128,000,000 XXIX Defense base closure and realignment 2901. Short title and purpose (a) Short title This title may be cited as the Defense Base Closure and Realignment Act of 2013 (b) Purpose The purpose of this title is to provide a fair process that will result in the timely closure and realignment of military installations inside the United States. 2902. The Commission (a) Establishment There is established an independent commission to be known as the Defense Base Closure and Realignment Commission (b) Duties The Commission shall carry out the duties specified for it in this title. (c) Appointment (1) (A) The Commission shall be composed of nine members appointed by the President, by and with the advice and consent of the Senate. (B) Subject to the certifications required under section 2903(b), the President may commence a round for the selection of military installations for closure and realignment under this title in 2015 by transmitting to the Senate, not later than March 1, 2015 nominations for appointment to the Commission. (C) If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated. (2) In selecting individuals for nominations for appointments to the Commission, the President should consult with— (A) the Speaker of the House of Representatives concerning the appointment of two members; (B) the majority leader of the Senate concerning the appointment of two members; (C) the minority leader of the House of Representatives concerning the appointment of one member; and (D) the minority leader of the Senate concerning the appointment of one member. (3) At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission. (d) Terms (1) Except as provided in paragraph (2), each member of the Commission shall serve until the adjournment of Congress sine die for the session during which the member was appointed to the Commission. (2) The Chairman of the Commission shall serve until the confirmation of a successor. (e) Meetings (1) The Commission shall meet only during calendar year 2015. (2) (A) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (B) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following: (i) The Chairman and the ranking minority party member of the Subcommittee on Readiness and Management Support of the Committee on Armed Services of the Senate, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. (ii) The Chairman and the ranking minority party member of the Subcommittee on Readiness of the Committee on Armed Services of the House of Representatives, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. (iii) The Chairmen and ranking minority party members of the subcommittees with jurisdiction for military construction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the subcommittees designated by such Chairmen or ranking minority party members. (f) Vacancies A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. (g) Pay and travel expenses (1) (A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314, (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 5703 (h) Director of staff (1) The Commission shall, without regard to section 5311 (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (i) Staff (1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS–15 of the General Schedule. (3) (A) Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense. (B) (i) Not more than one-fifth of the professional analysts of the Commission staff may be persons detailed from the Department of Defense to the Commission. (ii) No person detailed from the Department of Defense to the Commission may be assigned as the lead professional analyst with respect to a military department or defense agency. (C) A person may not be detailed from the Department of Defense to the Commission if, within 12 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Defense concerning the preparation of recommendations for closures or realignments of military installations. (D) No member of the Armed Forces, and no officer or employee of the Department of Defense, may— (i) prepare any report concerning the effectiveness, fitness, or efficiency of the performance on the staff of the Commission of any person detailed from the Department of Defense to that staff; (ii) review the preparation of such a report; or (iii) approve or disapprove such a report. (4) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this title. (5) The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (6) The following restrictions relating to the personnel of the Commission shall apply during the period beginning January 1, 2016 and ending April 15, 2016: (A) There may not be more than 15 persons on the staff at any one time. (B) The staff may perform only such functions as are necessary to prepare for the transition to new membership on the Commission in the following year. (C) No member of the Armed Forces and no employee of the Department of Defense may serve on the staff. (j) Other authority (1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) The Commission may lease space and acquire personal property to the extent funds are available. (k) Funding (1) There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this title. Such funds shall remain available until expended. (2) If no funds are appropriated to the Commission by the end of the second session of the 113th Congress, the Secretary of Defense may transfer to the Commission for purposes of its activities under this title in that year such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purposes until expended. (l) Termination The Commission shall terminate on April 15, 2016. (m) Prohibition against restricting communications Section 1034 2903. Procedure for making recommendations for base closures and realignments (a) Force-Structure plan and infrastructure inventory (1) Preparation and submission As part of the budget justification documents submitted to Congress in support of the budget for the Department of Defense for fiscal year 2015, the Secretary shall submit to Congress the following: (A) A force-structure plan for the Armed Forces based on an assessment by the Secretary of the probable threats to the national security during the 20-year period beginning with that fiscal year, the probable end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) needed to meet these threats, and the anticipated levels of funding that will be available for national defense purposes during such period. (B) A comprehensive inventory of military installations worldwide for each military department, with specifications of the number and type of facilities in the active and reserve forces of each military department. (2) Relationship of plan and inventory Using the force-structure plan and infrastructure inventory prepared under paragraph (1), the Secretary shall prepare (and include as part of the submission of such plan and inventory) the following: (A) A description of the infrastructure necessary to support the force structure described in the force-structure plan. (B) A discussion of categories of excess infrastructure and infrastructure capacity. (C) An economic analysis of the effect of the closure or realignment of military installations to reduce excess infrastructure. (3) Special considerations In determining the level of necessary versus excess infrastructure under paragraph (2), the Secretary shall consider the following: (A) The anticipated continuing need for and availability of military installations outside the United States, taking into account current restrictions on the use of military installations outside the United States and the potential for future prohibitions or restrictions on the use of such military installations. (B) Any efficiencies that may be gained from joint tenancy by more than one branch of the Armed Forces at a military installation. (4) Revision The Secretary may revise the force-structure plan and infrastructure inventory. If the Secretary makes such a revision, the Secretary shall submit the revised plan or inventory to Congress not later than March 15th of the year following the year in which such plan was first submitted. For purposes of selecting military installations for closure or realignment under this title in the year in which a revision is submitted, no revision of the force-structure plan or infrastructure inventory is authorized after that date. (b) Certification of need for further closures and realignments (1) Certification required On the basis of the force-structure plan and infrastructure inventory prepared under subsection (a) and the descriptions and economic analysis prepared under such subsection, the Secretary shall include as part of the submission of the plan and inventory— (A) a certification regarding whether the need exists for the closure or realignment of additional military installations; and (B) if such need exists, a certification that the additional round of closures and realignments would result in annual net savings for each of the military departments beginning not later than six years following the commencement of such closures and realignments. (2) Effect of failure to certify If the Secretary does not include the certifications referred to in paragraph (1), the President may not commence a round for the selection of military installations for closure and realignment under this title in the year following submission of the force-structure plan and infrastructure inventory. (c) Comptroller general evaluation (1) Evaluation required If the certification is provided under subsection (b), the Comptroller General shall prepare an evaluation of the following: (A) The force-structure plan and infrastructure inventory prepared under subsection (a) and the final selection criteria specified in paragraph (d), including an evaluation of the accuracy and analytical sufficiency of such plan, inventory, and criteria. (B) The need for the closure or realignment of additional military installations. (2) Submission The Comptroller General shall submit the evaluation to Congress not later than 60 days after the date on which the force-structure plan and infrastructure inventory are submitted to Congress. (d) Final selection criteria (1) In general The final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this title in 2015 shall be the military value and other criteria specified in paragraphs (2) and (3). (2) Military value criteria The military value criteria are as follows: (A) The current and future mission capabilities and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, and readiness. (B) The availability and condition of land, facilities, and associated airspace (including training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas and staging areas for the use of the Armed Forces in homeland defense missions) at both existing and potential receiving locations. (C) The ability to accommodate contingency, mobilization, surge, and future total force requirements at both existing and potential receiving locations to support operations and training. (D) The cost of operations and the manpower implications. (3) Other criteria The other criteria that the Secretary shall use in making recommendations for the closure or realignment of military installations inside the United States under this title in 2015 are as follows: (A) The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs. (B) The economic impact on existing communities in the vicinity of military installations. (C) The ability of the infrastructure of both the existing and potential receiving communities to support forces, missions, and personnel. (D) The environmental impact, including the impact of costs related to potential environmental restoration, waste management, and environmental compliance activities. (e) Priority given to military value The Secretary shall give priority consideration to the military value criteria specified in subsection (d)(2) in the making of recommendations for the closure or realignment of military installations. (f) Effect on department and other agency costs The selection criteria relating to the cost savings or return on investment from the proposed closure or realignment of military installations shall take into account the effect of the proposed closure or realignment on the costs of any other activity of the Department of Defense or any other Federal agency that may be required to assume responsibility for activities at the military installations. (g) Relation to other materials The final selection criteria specified in this section shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in subsection (a), in making recommendations for the closure or realignment of military installations inside the United States under this title in 2015. (h) DoD recommendations (1) If the Secretary makes the certifications required under subsection (b), the Secretary shall, by no later than May 15, 2015, publish in the Federal Register and transmit to the congressional defense committees and to the Commission a list of the military installations inside the United States that the Secretary recommends for closure or realignment on the basis of the force-structure plan and infrastructure inventory prepared by the Secretary under subsection (a) and the final selection criteria specified in subsection (d) that are applicable to the year concerned. (2) The Secretary shall include, with the list of recommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in the recommendation for each installation, including a justification for each recommendation. The Secretary shall transmit the matters referred to in the preceding sentence not later than 7 days after the date of the transmittal to the congressional defense committees and the Commission of the list referred to in paragraph (1). (3) (A) In considering military installations for closure or realignment, the Secretary shall consider all military installations inside the United States equally without regard to whether the installation has been previously considered or proposed for closure or realignment by the Department. (B) In considering military installations for closure or realignment, the Secretary may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation. (C) For purposes of subparagraph (B), in the case of a community anticipating the economic effects of a closure or realignment of a military installation, advance conversion planning— (i) shall include community adjustment and economic diversification planning undertaken by the community before an anticipated selection of a military installation in or near the community for closure or realignment; and (ii) may include the development of contingency redevelopment plans, plans for economic development and diversification, and plans for the joint use (including civilian and military use, public and private use, civilian dual use, and civilian shared use) of the property or facilities of the installation after the anticipated closure or realignment. (D) In making recommendations to the Commission, the Secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the closure or realignment of the installation. (E) Notwithstanding the requirement in subparagraph (D), the Secretary shall make the recommendations referred to in that subparagraph based on the force-structure plan, infrastructure inventory, and final selection criteria otherwise applicable to such recommendations. (F) The recommendations shall include a statement of the result of the consideration of any notice described in subparagraph (D) that is received with respect to a military installation covered by such recommendations. The statement shall set forth the reasons for the result. (4) In addition to making all information used by the Secretary to prepare the recommendations under this subsection available to Congress (including any committee or member of Congress), the Secretary shall also make such information available to the Commission and the Comptroller General of the United States. (5) (A) Each person referred to in subparagraph (B), when submitting information to the Secretary of Defense or the Commission concerning the closure or realignment of a military installation, shall certify that such information is accurate and complete to the best of that person’s knowledge and belief. (B) Subparagraph (A) applies to the following persons: (i) The Secretaries of the military departments. (ii) The heads of the Defense Agencies. (iii) Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the closure or realignment of military installations, as designated in regulations which the Secretary of Defense shall prescribe, regulations which the Secretary of each military department shall prescribe for personnel within that military department, or regulations which the head of each Defense Agency shall prescribe for personnel within that Defense Agency. (6) Any information provided to the Commission by a person described in paragraph (5)(B) shall also be submitted to the Senate and the House of Representatives to be made available to the Members of the House concerned in accordance with the rules of that House. The information shall be submitted to the Senate and House of Representatives within 48 hours after the submission of the information to the Commission. (i) Review and recommendations by the commission (1) After receiving the recommendations from the Secretary pursuant to subsection (h) for any year, the Commission shall conduct public hearings on the recommendations. All testimony before the Commission at a public hearing conducted under this paragraph shall be presented under oath. (2) (A) The Commission shall, by no later than October 1 of each year in which the Secretary transmits recommendations to it pursuant to subsection (h), transmit to the President a report containing the Commission’s findings and conclusions based on a review and analysis of the recommendations made by the Secretary, together with the Commission’s recommendations for closures and realignments of military installations inside the United States. (B) Subject to subparagraphs (C) and (E), in making its recommendations, the Commission may make changes in any of the recommendations made by the Secretary if the Commission determines that the Secretary deviated substantially from the force-structure plan and final criteria referred to in subsection (d)(1) in making recommendations. (C) In the case of a change described in subparagraph (D) in the recommendations made by the Secretary, the Commission may make the change only if— (i) the Commission— (I) makes the determination required by subparagraph (B); (II) determines that the change is consistent with the force-structure plan and final criteria referred to in subsection (d)(1); (III) publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to subparagraph (A); and (IV) conducts public hearings on the proposed change; (ii) at least two members of the Commission visit the military installation before the date of the transmittal of the report; and (iii) the decision of the Commission to make the change is supported by at least seven members of the Commission. (D) Subparagraph (C) shall apply to a change by the Commission in the Secretary’s recommendations that would— (i) add a military installation to the list of military installations recommended by the Secretary for closure; (ii) add a military installation to the list of military installations recommended by the Secretary for realignment; or (iii) increase the extent of a realignment of a particular military installation recommended by the Secretary. (E) The Commission may not consider making a change in the recommendations of the Secretary that would add a military installation to the Secretary’s list of installations recommended for closure or realignment unless, in addition to the requirements of subparagraph (C)— (i) the Commission provides the Secretary with at least a 15-day period, before making the change, in which to submit an explanation of the reasons why the installation was not included on the closure or realignment list by the Secretary; and (ii) the decision to add the installation for Commission consideration is supported by at least seven members of the Commission. (F) In making recommendations under this paragraph, the Commission may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of a military installation. (3) The Commission shall explain and justify in its report submitted to the President pursuant to paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the Secretary pursuant to subsection (h). The Commission shall transmit a copy of such report to the congressional defense committees on the same date on which it transmits its recommendations to the President under paragraph (2). (4) After October 1 of each year in which the Commission transmits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations. (5) The Comptroller General of the United States shall— (A) assist the Commission, to the extent requested, in the Commission’s review and analysis of the recommendations made by the Secretary pursuant to subsection (h); and (B) by no later than July 1 of each year in which the Secretary makes such recommendations, transmit to the Congress and to the Commission a report containing a detailed analysis of the Secretary’s recommendations and selection process. (j) Review by the President (1) The President shall, by no later than October 15 of each year in which the Commission makes recommendations under subsection (i), transmit to the Commission and to the Congress a report containing the President’s approval or disapproval of the Commission’s recommendations. (2) If the President approves all the recommendations of the Commission, the President shall transmit a copy of such recommendations to the Congress, together with a certification of such approval. (3) If the President disapproves the recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and the Congress the reasons for that disapproval. The Commission shall then transmit to the President, by no later than November 18 of the year concerned, a revised list of recommendations for the closure and realignment of military installations. (4) If the President approves all of the revised recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised recommendations to the Congress, together with a certification of such approval. (5) If the President does not transmit to the Congress an approval and certification described in paragraph (2) or (4) by December 2 of any year in which the Commission has transmitted recommendations to the President under this title, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated. 2904. Closure and realignment of military installations (a) In general Subject to subsection (b), the Secretary shall— (1) close all military installations recommended for closure by the Commission in each report transmitted to the Congress by the President pursuant to section 2903(j); (2) realign all military installations recommended for realignment by such Commission in each such report; (3) carry out the privatization in place of a military installation recommended for closure or realignment by the Commission only if privatization in place is a method of closure or realignment of the military installation specified in the recommendations of the Commission in such report and is determined by the Commission to be the most cost-effective method of implementation of the recommendation; (4) initiate all such closures and realignments no later than two years after the date on which the President transmits a report to the Congress pursuant to section 2903(j) containing the recommendations for such closures or realignments; and (5) complete all such closures and realignments no later than the end of the six-year period beginning on the date on which the President transmits the report pursuant to section 2903(j) containing the recommendations for such closures or realignments. (b) Congressional disapproval (1) The Secretary may not carry out any closure or realignment recommended by the Commission in a report transmitted from the President pursuant to section 2903(j) if a joint resolution is enacted, in accordance with the provisions of section 2908, disapproving such recommendations of the Commission before the earlier of— (A) the end of the 45-day period beginning on the date on which the President transmits such report; or (B) the adjournment of Congress sine die for the session during which such report is transmitted. (2) For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 2908, the days on which either House of Congress is not in session because of adjournment of more than three days to a day certain shall be excluded in the computation of a period. 2905. Implementation (a) In general (1) In closing or realigning any military installation under this title, the Secretary may— (A) take such actions as may be necessary to close or realign any military installation, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a military installation being closed or realigned to another military installation, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance; (B) provide— (i) economic adjustment assistance to any community located near a military installation being closed or realigned, and (ii) community planning assistance to any community located near a military installation to which functions will be transferred as a result of the closure or realignment of a military installation, if the Secretary of Defense determines that the financial resources available to the community (by grant or otherwise) for such purposes are inadequate, and may use for such purposes funds in the Account or funds appropriated to the Department of Defense for economic adjustment assistance or community planning assistance; (C) carry out activities for the purposes of environmental restoration and mitigation at any such installation, and shall use for such purposes funds in the Account; (D) provide outplacement assistance to civilian employees employed by the Department of Defense at military installations being closed or realigned, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for outplacement assistance to employees; and (E) reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense and available for such purpose. (2) In carrying out any closure or realignment under this title, the Secretary shall ensure that environmental restoration of any property made excess to the needs of the Department of Defense as a result of such closure or realignment be carried out as soon as possible with funds available for such purpose. (b) Management and disposal of property (1) The Administrator of General Services shall delegate to the Secretary of Defense, with respect to excess and surplus real property, facilities, and personal property located at a military installation closed or realigned under this title— (A) the authority of the Administrator to utilize excess property under subchapter II of chapter 5 (B) the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 (C) the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code; and (D) the authority of the Administrator to determine the availability of excess or surplus real property for wildlife conservation purposes in accordance with the Act of May 19, 1948 (16 U.S.C. 667b). (2) (A) Subject to subparagraph (B) and paragraphs (3), (4), (5), and (6), the Secretary of Defense shall exercise the authority delegated to the Secretary pursuant to paragraph (1) in accordance with— (i) all regulations governing the utilization of excess property and the disposal of surplus property under subtitle I of title 40, United States Code; and (ii) all regulations governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 ( 50 U.S.C. App. 1622(g) (B) The Secretary may, with the concurrence of the Administrator of General Services— (i) prescribe general policies and methods for utilizing excess property and disposing of surplus property pursuant to the authority delegated under paragraph (1); and (ii) issue regulations relating to such policies and methods, which shall supersede the regulations referred to in subparagraph (A) with respect to that authority. (C) The Secretary of Defense may transfer real property or facilities located at a military installation to be closed or realigned under this title, with or without reimbursement, to a military department or other entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard. (D) Before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installation to be closed or realigned under this title, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned. (E) If a military installation to be closed, realigned, or placed in an inactive status under this title includes a road used for public access through, into, or around the installation, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering the continued availability of the road for public use after the installation is closed, realigned, or placed in an inactive status. (3) (A) Not later than 6 months after the date of approval of the closure or realignment of a military installation under this title, the Secretary, in consultation with the redevelopment authority with respect to the installation, shall— (i) inventory the personal property located at the installation; and (ii) identify the items (or categories of items) of such personal property that the Secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation. (B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, the Secretary shall consult with— (i) the local government in whose jurisdiction the installation is wholly located; or (ii) a local government agency or State government agency designated for the purpose of such consultation by the chief executive officer of the State in which the installation is located. (C) (i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the activities referred to in clause (ii) with respect to an installation referred to in that clause until the earlier of— (I) one week after the date on which the redevelopment plan for the installation is submitted to the Secretary; (II) the date on which the redevelopment authority notifies the Secretary that it will not submit such a plan; (III) twenty-four months after the date of approval of the closure or realignment of the installation; or (IV) ninety days before the date of the closure or realignment of the installation. (ii) The activities referred to in clause (i) are activities relating to the closure or realignment of an installation to be closed or realigned under this title as follows: (I) The transfer from the installation of items of personal property at the installation identified in accordance with subparagraph (A). (II) The reduction in maintenance and repair of facilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary purposes. (D) Except as provided in paragraph (4), the Secretary may not transfer items of personal property located at an installation to be closed or realigned under this title to another installation, or dispose of such items, if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevelopment of the installation. In connection with the development of the redevelopment plan for the installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be retained at the installation for reuse or redevelopment of the installation. (E) This paragraph shall not apply to any personal property located at an installation to be closed or realigned under this title if the property— (i) is required for the operation of a unit, function, component, weapon, or weapons system at another installation; (ii) is uniquely military in character, and is likely to have no civilian use (other than use for its material content or as a source of commonly used components); (iii) is not required for the reutilization or redevelopment of the installation (as jointly determined by the Secretary and the redevelopment authority); (iv) is stored at the installation for purposes of distribution (including spare parts or stock items); or (v) (I) meets known requirements of an authorized program of another Federal department or agency for which expenditures for similar property would be necessary, and (II) is the subject of a written request by the head of the department or agency. (F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the national security interest of the United States. (4) (A) The Secretary may transfer real property and personal property located at a military installation to be closed or realigned under this title to the redevelopment authority with respect to the installation for purposes of job generation on the installation. (B) The transfer of property located at a military installation under subparagraph (A) may be for consideration at or below the estimated fair market value or without consideration. The determination of such consideration may account for the economic conditions of the local affected community and the estimated costs to redevelop the property. The Secretary may accept, as consideration, a share of the revenues that the redevelopment authority receives from third-party buyers or lessees from sales and long-term leases of the conveyed property, consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appropriate. The transfer of property located at a military installation under subparagraph (A) may be made for consideration below the estimated fair market value or without consideration only if the redevelopment authority with respect to the installation— (i) agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the initial transfer of property under subparagraph (A) shall be used to support the economic redevelopment of, or related to, the installation; and (ii) executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (C) For purposes of subparagraph (B)(i), the use of proceeds from a sale or lease described in such subparagraph to pay for, or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of, or related to, the installation: (i) Road construction. (ii) Transportation management facilities. (iii) Storm and sanitary sewer construction. (iv) Police and fire protection facilities and other public facilities. (v) Utility construction. (vi) Building rehabilitation. (vii) Historic property preservation. (viii) Pollution prevention equipment or facilities. (ix) Demolition. (x) Disposal of hazardous materials generated by demolition. (xi) Landscaping, grading, and other site or public improvements. (xii) Planning for or the marketing of the development and reuse of the installation. (D) The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period specified in subparagraph (B). (E) (i) The Secretary may transfer real property at an installation approved for closure or realignment under this title (including property at an installation approved for realignment which will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this subparagraph. (ii) A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned. (iii) A lease under clause (i) may not require rental payments by the United States. (iv) A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned. (v) Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the installation, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority’s assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include— (I) municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or (II) firefighting or security-guard functions. (F) The transfer of personal property under subparagraph (A) shall not be subject to the provisions of subchapters II and III of chapter 5 (G) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (H) The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States. (5) (A) Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed or realigned under this title, or will accept transfer of any portion of such installation, are made not later than 6 months after the date of approval of closure or realignment of that installation. (B) The Secretary may, in consultation with the redevelopment authority with respect to an installation, postpone making the final determinations referred to in subparagraph (A) with respect to the installation for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure or realignment of the installation. (C) (i) Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this title as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation. (ii) Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility. (6) (A) The disposal of buildings and property located at installations approved for closure or realignment under this title shall be carried out in accordance with this paragraph. (B) (i) Not later than the date on which the Secretary of Defense completes the final determinations referred to in paragraph (5) relating to the use or transferability of any portion of an installation covered by this paragraph, the Secretary shall— (I) identify the buildings and property at the installation for which the Department of Defense has a use, for which another department or agency of the Federal Government has identified a use, or of which another department or agency will accept a transfer; (II) take such actions as are necessary to identify any building or property at the installation not identified under subclause (I) that is excess property or surplus property; (III) submit to the Secretary of Housing and Urban Development and to the redevelopment authority for the installation (or the chief executive officer of the State in which the installation is located if there is no redevelopment authority for the installation at the completion of the determination described in the stem of this sentence) information on any building or property that is identified under subclause (II); and (IV) publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the buildings and property identified under subclause (II). (ii) Upon the recognition of a redevelopment authority for an installation covered by this paragraph, the Secretary of Defense shall publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the redevelopment authority. (C) (i) State and local governments, representatives of the homeless, and other interested parties located in the communities in the vicinity of an installation covered by this paragraph shall submit to the redevelopment authority for the installation a notice of the interest, if any, of such governments, representatives, and parties in the buildings or property, or any portion thereof, at the installation that are identified under subparagraph (B)(i)(II). A notice of interest under this clause shall describe the need of the government, representative, or party concerned for the buildings or property covered by the notice. (ii) The redevelopment authority for an installation shall assist the governments, representatives, and parties referred to in clause (i) in evaluating buildings and property at the installation for purposes of this subparagraph. (iii) In providing assistance under clause (ii), a redevelopment authority shall— (I) consult with representatives of the homeless in the communities in the vicinity of the installation concerned; and (II) undertake outreach efforts to provide information on the buildings and property to representatives of the homeless, and to other persons or entities interested in assisting the homeless, in such communities. (iv) It is the sense of Congress that redevelopment authorities should begin to conduct outreach efforts under clause (iii)(II) with respect to an installation as soon as is practicable after the date of approval of closure or realignment of the installation. (D) (i) State and local governments, representatives of the homeless, and other interested parties shall submit a notice of interest to a redevelopment authority under subparagraph (C) not later than the date specified for such notice by the redevelopment authority. (ii) The date specified under clause (i) shall be— (I) in the case of an installation for which a redevelopment authority has been recognized as of the date of the completion of the determinations referred to in paragraph (5), not earlier than 3 months and not later than 6 months after the date of publication of such determination in a newspaper of general circulation in the communities in the vicinity of the installation under subparagraph (B)(i)(IV); and (II) in the case of an installation for which a redevelopment authority is not recognized as of such date, not earlier than 3 months and not later than 6 months after the date of the recognition of a redevelopment authority for the installation. (iii) Upon specifying a date for an installation under this subparagraph, the redevelopment authority for the installation shall— (I) publish the date specified in a newspaper of general circulation in the communities in the vicinity of the installation concerned; and (II) notify the Secretary of Defense of the date. (E) (i) In submitting to a redevelopment authority under subparagraph (C) a notice of interest in the use of buildings or property at an installation to assist the homeless, a representative of the homeless shall submit the following: (I) A description of the homeless assistance program that the representative proposes to carry out at the installation. (II) An assessment of the need for the program. (III) A description of the extent to which the program is or will be coordinated with other homeless assistance programs in the communities in the vicinity of the installation. (IV) A description of the buildings and property at the installation that are necessary in order to carry out the program. (V) A description of the financial plan, the organization, and the organizational capacity of the representative to carry out the program. (VI) An assessment of the time required in order to commence carrying out the program. (ii) A redevelopment authority may not release to the public any information submitted to the redevelopment authority under clause (i)(V) without the consent of the representative of the homeless concerned unless such release is authorized under Federal law and under the law of the State and communities in which the installation concerned is located. (F) (i) The redevelopment authority for each installation covered by this paragraph shall prepare a redevelopment plan for the installation. The redevelopment authority shall, in preparing the plan, consider the interests in the use to assist the homeless of the buildings and property at the installation that are expressed in the notices submitted to the redevelopment authority under subparagraph (C). (ii) (I) In connection with a redevelopment plan for an installation, a redevelopment authority and representatives of the homeless shall prepare legally binding agreements that provide for the use to assist the homeless of buildings and property, resources, and assistance on or off the installation. The implementation of such agreements shall be contingent upon the decision regarding the disposal of the buildings and property covered by the agreements by the Secretary of Defense under subparagraph (K) or (L). (II) Agreements under this clause shall provide for the reversion to the redevelopment authority concerned, or to such other entity or entities as the agreements shall provide, of buildings and property that are made available under this paragraph for use to assist the homeless in the event that such buildings and property cease being used for that purpose. (iii) A redevelopment authority shall provide opportunity for public comment on a redevelopment plan before submission of the plan to the Secretary of Defense and the Secretary of Housing and Urban Development under subparagraph (G). (iv) A redevelopment authority shall complete preparation of a redevelopment plan for an installation and submit the plan under subparagraph (G) not later than 9 months after the date specified by the redevelopment authority for the installation under subparagraph (D). (G) (i) Upon completion of a redevelopment plan under subparagraph (F), a redevelopment authority shall submit an application containing the plan to the Secretary of Defense and to the Secretary of Housing and Urban Development. (ii) A redevelopment authority shall include in an application under clause (i) the following: (I) A copy of the redevelopment plan, including a summary of any public comments on the plan received by the redevelopment authority under subparagraph (F)(iii). (II) A copy of each notice of interest of use of buildings and property to assist the homeless that was submitted to the redevelopment authority under subparagraph (C), together with a description of the manner, if any, in which the plan addresses the interest expressed in each such notice and, if the plan does not address such an interest, an explanation why the plan does not address the interest. (III) A summary of the outreach undertaken by the redevelopment authority under subparagraph (C)(iii)(II) in preparing the plan. (IV) A statement identifying the representatives of the homeless and the homeless assistance planning boards, if any, with which the redevelopment authority consulted in preparing the plan, and the results of such consultations. (V) An assessment of the manner in which the redevelopment plan balances the expressed needs of the homeless and the need of the communities in the vicinity of the installation for economic redevelopment and other development. (VI) Copies of the agreements that the redevelopment authority proposes to enter into under subparagraph (F)(ii). (H) (i) Not later than 60 days after receiving a redevelopment plan under subparagraph (G), the Secretary of Housing and Urban Development shall complete a review of the plan. The purpose of the review is to determine whether the plan, with respect to the expressed interest and requests of representatives of the homeless— (I) takes into consideration the size and nature of the homeless population in the communities in the vicinity of the installation, the availability of existing services in such communities to meet the needs of the homeless in such communities, and the suitability of the buildings and property covered by the plan for the use and needs of the homeless in such communities; (II) takes into consideration any economic impact of the homeless assistance under the plan on the communities in the vicinity of the installation; (III) balances in an appropriate manner the needs of the communities in the vicinity of the installation for economic redevelopment and other development with the needs of the homeless in such communities; (IV) was developed in consultation with representatives of the homeless and the homeless assistance planning boards, if any, in the communities in the vicinity of the installation; and (V) specifies the manner in which buildings and property, resources, and assistance on or off the installation will be made available for homeless assistance purposes. (ii) It is the sense of Congress that the Secretary of Housing and Urban Development shall, in completing the review of a plan under this subparagraph, take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan. (iii) The Secretary of Housing and Urban Development may engage in negotiations and consultations with a redevelopment authority before or during the course of a review under clause (i) with a view toward resolving any preliminary determination of the Secretary that a redevelopment plan does not meet a requirement set forth in that clause. The redevelopment authority may modify the redevelopment plan as a result of such negotiations and consultations. (iv) Upon completion of a review of a redevelopment plan under clause (i), the Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under that clause. (v) If the Secretary of Housing and Urban Development determines as a result of such a review that a redevelopment plan does not meet the requirements set forth in clause (i), a notice under clause (iv) shall include— (I) an explanation of that determination; and (II) a statement of the actions that the redevelopment authority must undertake in order to address that determination. (I) (i) Upon receipt of a notice under subparagraph (H)(iv) of a determination that a redevelopment plan does not meet a requirement set forth in subparagraph (H)(i), a redevelopment authority shall have the opportunity to— (I) revise the plan in order to address the determination; and (II) submit the revised plan to the Secretary of Defense and the Secretary of Housing and Urban Development. (ii) A redevelopment authority shall submit a revised plan under this subparagraph to such Secretaries, if at all, not later than 90 days after the date on which the redevelopment authority receives the notice referred to in clause (i). (J) (i) Not later than 30 days after receiving a revised redevelopment plan under subparagraph (I), the Secretary of Housing and Urban Development shall review the revised plan and determine if the plan meets the requirements set forth in subparagraph (H)(i). (ii) The Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under this subparagraph. (K) (i) Upon receipt of a notice under subparagraph (H)(iv) or (J)(ii) of the determination of the Secretary of Housing and Urban Development that a redevelopment plan for an installation meets the requirements set forth in subparagraph (H)(i), the Secretary of Defense shall dispose of the buildings and property at the installation. (ii) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. (iii) The Secretary of Defense shall dispose of buildings and property under clause (i) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the record of decision or other decision document, the Secretary shall give substantial deference to the redevelopment plan concerned. (iv) The disposal under clause (i) of buildings and property to assist the homeless shall be without consideration. (v) In the case of a request for a conveyance under clause (i) of buildings and property for public benefit under section 550 (L) (i) If the Secretary of Housing and Urban Development determines under subparagraph (J) that a revised redevelopment plan for an installation does not meet the requirements set forth in subparagraph (H)(i), or if no revised plan is so submitted, that Secretary shall— (I) review the original redevelopment plan submitted to that Secretary under subparagraph (G), including the notice or notices of representatives of the homeless referred to in clause (ii)(II) of that subparagraph; (II) consult with the representatives referred to in subclause (I), if any, for purposes of evaluating the continuing interest of such representatives in the use of buildings or property at the installation to assist the homeless; (III) request that each such representative submit to that Secretary the items described in clause (ii); and (IV) based on the actions of that Secretary under subclauses (I) and (II), and on any information obtained by that Secretary as a result of such actions, indicate to the Secretary of Defense the buildings and property at the installation that meet the requirements set forth in subparagraph (H)(i). (ii) The Secretary of Housing and Urban Development may request under clause (i)(III) that a representative of the homeless submit to that Secretary the following: (I) A description of the program of such representative to assist the homeless. (II) A description of the manner in which the buildings and property that the representative proposes to use for such purpose will assist the homeless. (III) Such information as that Secretary requires in order to determine the financial capacity of the representative to carry out the program and to ensure that the program will be carried out in compliance with Federal environmental law and Federal law against discrimination. (IV) A certification that police services, fire protection services, and water and sewer services available in the communities in the vicinity of the installation concerned are adequate for the program. (iii) Not later than 90 days after the date of the receipt of a revised plan for an installation under subparagraph (J), the Secretary of Housing and Urban Development shall— (I) notify the Secretary of Defense and the redevelopment authority concerned of the buildings and property at an installation under clause (i)(IV) that the Secretary of Housing and Urban Development determines are suitable for use to assist the homeless; and (II) notify the Secretary of Defense of the extent to which the revised plan meets the criteria set forth in subparagraph (H)(i). (iv) (I) Upon notice from the Secretary of Housing and Urban Development with respect to an installation under clause (iii), the Secretary of Defense shall dispose of buildings and property at the installation in consultation with the Secretary of Housing and Urban Development and the redevelopment authority concerned. (II) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan submitted by the redevelopment authority for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. The Secretary of Defense shall incorporate the notification of the Secretary of Housing and Urban Development under clause (iii)(I) as part of the proposed Federal action for the installation only to the extent, if any, that the Secretary of Defense considers such incorporation to be appropriate and consistent with the best and highest use of the installation as a whole, taking into consideration the redevelopment plan submitted by the redevelopment authority. (III) The Secretary of Defense shall dispose of buildings and property under subclause (I) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the record of decision or other decision document, the Secretary shall give deference to the redevelopment plan submitted by the redevelopment authority for the installation. (IV) The disposal under subclause (I) of buildings and property to assist the homeless shall be without consideration. (V) In the case of a request for a conveyance under subclause (I) of buildings and property for public benefit under section 550 (M) (i) In the event of the disposal of buildings and property of an installation pursuant to subparagraph (K) or (L), the redevelopment authority for the installation shall be responsible for the implementation of and compliance with agreements under the redevelopment plan described in that subparagraph for the installation. (ii) If a building or property reverts to a redevelopment authority under such an agreement, the redevelopment authority shall take appropriate actions to secure, to the maximum extent practicable, the utilization of the building or property by other homeless representatives to assist the homeless. A redevelopment authority may not be required to utilize the building or property to assist the homeless. (N) The Secretary of Defense may postpone or extend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the Secretary considers appropriate if the Secretary determines that such postponement is in the interests of the communities affected by the closure or realignment of the installation. The Secretary shall make such determinations in consultation with the redevelopment authority concerned and, in the case of deadlines provided for under this paragraph with respect to the Secretary of Housing and Urban Development, in consultation with the Secretary of Housing and Urban Development. (O) For purposes of this paragraph, the term communities in the vicinity of the installation (P) For purposes of this paragraph, the term other interested parties section 550 (7) (A) Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this title, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this title, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense. (B) The Secretary may exercise the authority provided under this paragraph without regard to the provisions of chapter 146 (C) The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the installation is to be closed. (D) The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of professionals to furnish the services to the extent that professionals are available in the area under the jurisdiction of such government. (c) Applicability of National Environmental Policy Act of 1969 (1) The provisions of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) (A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Defense under this title (i) during the process of property disposal, and (ii) during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. (B) In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments concerned shall not have to consider— (i) the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission; (ii) the need for transferring functions to any military installation which has been selected as the receiving installation; or (iii) military installations alternative to those recommended or selected. (3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the Department of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act. (d) Waiver The Secretary of Defense may close or realign military installations under this title without regard to— (1) any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and (2) sections 2662 and 2687 of title 10, United States Code. (e) Transfer authority in connection with payment of environmental remediation costs (1) (A) Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (B) The real property and facilities referred to in subparagraph (A) are the real property and facilities located at an installation closed or to be closed, or realigned or to be realigned, under this title that are available exclusively for the use, or expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the period provided for that use, or expression of interest in use, under that subsection. The real property and facilities referred to in subparagraph (A) are also the real property and facilities located at an installation approved for closure or realignment under this title after 2001 that are available for purposes other than to assist the homeless. (C) The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the United States. (2) A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to Congress that— (A) the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the Secretary with respect to the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or (B) if such costs are lower than the fair market value of the property or facilities, the recipient of the property or facilities agrees to pay the difference between the fair market value and such costs. (3) In the case of property or facilities covered by a certification under paragraph (2)(A), the Secretary may pay the recipient of such property or facilities an amount equal to the lesser of— (A) the amount by which the costs incurred by the recipient of such property or facilities for all environmental restoration, waste, management, and environmental compliance activities with respect to such property or facilities exceed the fair market value of such property or facilities as specified in such certification; or (B) the amount by which the costs (as determined by the Secretary) that would otherwise have been incurred by the Secretary for such restoration, management, and activities with respect to such property or facilities exceed the fair market value of such property or facilities as so specified. (4) As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the property or facilities will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph (1) that relate to the property or facilities. The Secretary shall provide such information before entering into the agreement. (5) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. 42 U.S.C. 6901 et seq. (6) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 2906. Department of Defense Base Closure Account 2013 (a) In general (1) If the Secretary makes the certifications required under section 2903(b), there shall be established on the books of the Treasury an account to be known as the Department of Defense Base Closure Account 2013 Account (2) There shall be deposited into the Account— (A) funds authorized for and appropriated to the Account; (B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and (C) except as provided in subsection (d), proceeds received from the lease, transfer, or disposal of any property at a military installation that is closed or realigned under this title. (3) The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 of title 31, United States Code. Unobligated funds which remain in the Account upon closure shall be held by the Secretary of the Treasury until transferred by law after the congressional defense committees receive the final report transmitted under subsection (c)(2). (b) Use of funds (1) The Secretary may use the funds in the Account only for the purposes described in section 2905 with respect to military installations approved for closure or realignment under this title. (2) When a decision is made to use funds in the Account to carry out a construction project under section 2905(a) and the cost of the project will exceed the maximum amount authorized by law for a minor military construction project, the Secretary shall notify in writing the congressional defense committees of the nature of, and justification for, the project and the amount of expenditures for such project. Any such construction project may be carried out without regard to section 2802(a) (c) Reports (1) (A) No later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this title using amounts in the Account, the Secretary shall transmit a report to the congressional defense committees of— (i) the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year; (ii) the amount and nature of other expenditures made pursuant to section 2905(a) during such fiscal year; (iii) the amount and nature of anticipated deposits to be made into, and the anticipated expenditures to be made from, the Account during the first fiscal year commencing after the submission of the report; and (iv) the amount and nature of anticipated expenditures to be made pursuant to section 2905(a) during the first fiscal year commencing after the submission of the report. (B) The report for a fiscal year shall include the following: (i) The obligations and expenditures from the Account during the fiscal year, identified by subaccount and installation, for each military department and Defense Agency. (ii) The fiscal year in which appropriations for such expenditures were made and the fiscal year in which funds were obligated for such expenditures. (iii) Each military construction project for which such obligations and expenditures were made, identified by installation and project title. (iv) A description and explanation of the extent, if any, to which expenditures for military construction projects for the fiscal year differed from proposals for projects and funding levels that were included in the justification transmitted to Congress under section 2907(1), or otherwise, for the funding proposals for the Account for such fiscal year, including an explanation of— (I) any failure to carry out military construction projects that were so proposed; and (II) any expenditures for military construction projects that were not so proposed. (v) An estimate of the net revenues to be received from property disposals to be completed during the first fiscal year commencing after the submission of the report at military installations approved for closure or realignment under this title. (2) No later than 60 days after the closure of the Account under subsection (a)(3), the Secretary shall transmit to the congressional defense committees a report containing an accounting of— (A) all the funds deposited into and expended from the Account or otherwise expended under this title with respect to such installations; and (B) any amount remaining in the Account. (d) Disposal or transfer of commissary stores and property purchased with nonappropriated funds (1) If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or realignment of a military installation under this title, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note). (2) The amount so deposited shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary. (3) The Secretary may use amounts in the reserve account, without further appropriation, for the purpose of acquiring, constructing, and improving— (A) commissary stores; and (B) real property and facilities for nonappropriated fund instrumentalities. (4) As used in this subsection: (A) The term commissary store funds section 2685 (B) The term nonappropriated funds (C) The term nonappropriated fund instrumentality (e) Account exclusive source of funds for environmental restoration projects Except for funds deposited into the Account under subsection (a), funds appropriated to the Department of Defense may not be used for purposes described in section 2905(a)(1)(C). The prohibition in this subsection shall expire upon the closure of the Account under subsection (a)(3). (f) Authorized cost and scope of work variations (1) Subject to paragraphs (2) and (3), the cost authorized for a military construction project or military family housing project to be carried out using funds in the Account may not be increased or reduced by more than 20 percent or $2,000,000, whichever is less, of the amount specified for the project in the conference report to accompany the Military Construction Authorization Act authorizing the project. The scope of work for such a project may not be reduced by more than 25 percent from the scope specified in the most recent budget documents for the projects listed in such conference report. (2) Paragraph (1) shall not apply to a military construction project or military family housing project to be carried out using funds in the Account with an estimated cost of less than $5,000,000, unless the project has not been previously identified in any budget submission for the Account and exceeds the applicable minor construction threshold under section 2805 (3) The limitation on cost or scope variation in paragraph (1) shall not apply if the Secretary of Defense makes a determination that an increase or reduction in cost or a reduction in the scope of work for a military construction project or military family housing project to be carried out using funds in the Account needs to be made for the sole purpose of meeting unusual variations in cost or scope. If the Secretary makes such a determination, the Secretary shall notify the congressional defense committees of the variation in cost or scope not later than 21 days before the date on which the variation is made in connection with the project or, if the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code, not later than 14 days before the date on which the variation is made. The Secretary shall include the reasons for the variation in the notification. 2907. Reports (a) Reporting requirement As part of the budget request for fiscal year 2017 and for each fiscal year thereafter through fiscal year 2028 for the Department of Defense, the Secretary shall transmit to the congressional defense committees— (1) a schedule of the closure actions to be carried out under this title in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and of the time period in which these savings are to be achieved in each case, together with the Secretary’s assessment of the environmental effects of such actions; (2) a description of the military installations, including those under construction and those planned for construction, to which functions are to be transferred as a result of such closures, together with the Secretary’s assessment of the environmental effects of such transfers; (3) a description of the closure actions already carried out at each military installation since the date of the installation’s approval for closure under this title and the current status of the closure of the installation, including whether— (A) a redevelopment authority has been recognized by the Secretary for the installation; (B) the screening of property at the installation for other Federal use has been completed; and (C) a redevelopment plan has been agreed to by the redevelopment authority for the installation; (4) a description of redevelopment plans for military installations approved for closure under this title, the quantity of property remaining to be disposed of at each installation as part of its closure, and the quantity of property already disposed of at each installation; (5) a list of the Federal agencies that have requested property during the screening process for each military installation approved for closure under this title, including the date of transfer or anticipated transfer of the property to such agencies, the acreage involved in such transfers, and an explanation for any delays in such transfers; (6) a list of known environmental remediation issues at each military installation approved for closure under this title, including the acreage affected by these issues, an estimate of the cost to complete such environmental remediation, and the plans (and timelines) to address such environmental remediation; and (7) an estimate of the date for the completion of all closure actions at each military installation approved for closure or realignment under this title. 2908. Congressional consideration of commission report (a) Terms of the resolution For purposes of section 2904(b), the term joint resolution (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: That Congress disapproves the recommendations of the Defense Base Closure and Realignment Commission as submitted by the President on ____ (3) the title of which is as follows: Joint resolution disapproving the recommendations of the Defense Base Closure and Realignment Commission. (b) Referral A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate. (c) Discharge If the committee to which a resolution described in subsection (a) is referred has not reported such a resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Congress under section 2903(j), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration (1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by other house (1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the senate and house This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 2909. Restriction on other base closure authority (a) In general Except as provided in subsection (c), during the period beginning on the date of the enactment of this Act, and ending on April 15, 2016, this title shall be the exclusive authority for selecting for closure or realignment, or for carrying out any closure or realignment of, a military installation inside the United States. (b) Restriction Except as provided in subsection (c), none of the funds available to the Department of Defense may be used, other than under this title, during the period specified in subsection (a)— (1) to identify, through any transmittal to the Congress or through any other public announcement or notification, any military installation inside the United States as an installation to be closed or realigned or as an installation under consideration for closure or realignment; or (2) to carry out any closure or realignment of a military installation inside the United States. (c) Exception Nothing in this title affects the authority of the Secretary to carry out closures and realignments to which section 2687 2910. Definitions As used in this title: (1) The term Account (2) The term congressional defense committees (3) The term Commission (4) The term military installation (5) The term realignment (6) The term Secretary (7) The term United States (8) The term date of approval (9) The term redevelopment authority (10) The term redevelopment plan (A) is agreed to by the local redevelopment authority with respect to the installation; and (B) provides for the reuse or redevelopment of the real property and personal property of the installation that is available for such reuse and redevelopment as a result of the closure or realignment of the installation. (11) The term representative of the homeless 2911. Treatment as a base closure law for purposes of other provisions of law (a) Definition of base closure law Section 101(a)(17) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (D) The Defense Base Closure and Realignment Act of 2013. . (b) Definition of base closure law (1) Section 131(b) of Public Law 107–249 10 U.S.C. 221 means has the meaning given the term base closure law (2) Section 1334(k)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2701 (C) The Defense Base Closure and Realignment Act of 2013. . (3) Section 2918(a)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2687 (C) The Defense Base Closure and Realignment Act of 2013. . 2912. Conforming amendments (a) Deposit and use of lease proceeds Section 2667(e) (1) in paragraph (5), by striking on or after January 1, 2005, from January 1, 2005 through December 31, 2005, (2) by adding at the end the following new paragraph: (6) Money rentals received by the United States from a lease under subsection (g) at a military installation approved for closure or realignment under a base closure law on or after January 1, 2006, shall be deposited into the account established under section 2906 of the Defense Base Closure and Realignment Act of 2013. . (b) Requests by public agencies for property for public airports Section 47151(g) of title 49, United States Code, is amended by striking section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act ( 10 U.S.C. 2687 10 U.S.C. 2687 a base closure law, as that term is defined in section 101(a)(17) of title 10, (c) Restored leave Section 6304(d)(3)(A) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 10 U.S.C. 2687 a base closure law, as that term is defined in section 101(a)(17) of title 10,

National Defense Authorization Act for Fiscal Year 2014

Targeted Strike Oversight Reform Act of 2013 - Requires the head of an element of the intelligence community to notify the Director of National Intelligence (DNI) upon determining that a U.S. person is engaged in acts of international terrorism against the United States such that the government is considering the legality or use of targeted lethal force against that person. Requires the DNI: (1) within 15 days thereafter, to complete an independent alternative analysis of the information relied on to support such determination; (2) to notify the Inspector General of the Intelligence Community (IG) and the congressional intelligence committees of the receipt of such notification; and (3) to notify such committees of the person's identity and the results of the independent analysis. Directs the IG to annually review, and report to the DNI and such committees on, any notifications received and the compliance of each element of the intelligence community with all appropriate policies and procedures related to the use of targeted lethal force against a U.S. person.

113 S1035 IS: Targeted Strike Oversight Reform Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1035 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. King Mr. Rubio Select Committee on Intelligence A BILL To require an independent alternative analysis of the consideration of the use of targeted lethal force against a particular, known United States person knowingly engaged in acts of international terrorism against the United States and for other purposes. 1. Short title This Act may be cited as the Targeted Strike Oversight Reform Act of 2013 2. Definitions In this Act: (1) Congressional intelligence committees The term congressional intelligence committees 50 U.S.C. 3003(7) (2) Director The term Director (3) Intelligence community The term intelligence community 50 U.S.C. 3003(4) (4) United States person The term United States person 3. Alternative analysis (a) Notification of director Upon a determination by the head of an element of the intelligence community that a particular, known United States person is knowingly engaged in acts of international terrorism against the United States, such that the United States Government is considering the legality or the use of targeted lethal force against that United States person, the head of the element shall, as soon as practicable, notify the Director of the determination. (b) Independent alternative analysis (1) Requirement for alternative analysis Not later than 15 days after the date the Director receives a notification under subsection (a), the Director shall complete an independent alternative analysis (commonly referred to as red-team analysis (2) Independent leadership In completing the independent alternative analysis required by paragraph (1), the Director shall ensure that the individual appointed to lead such alternative analysis does not report to the head of the element of the intelligence community who made the determination under subsection (a). (c) Notification of the Inspector General of the Intelligence Community As soon as practicable, the Director shall notify the Inspector General of the Intelligence Community of the receipt of a notification under subsection (a). (d) Notification to Congress As soon as practicable, the Director shall notify the congressional intelligence committees, in writing, of the receipt of a notification under subsection (a), including the identity of the United States person, and the results of the independent alternative analysis performed under subsection (b), including any written product containing the alternative analysis, or if no product has been created, a summary of such analysis. (e) Construction with other law Nothing in this section shall be construed to impede the ability of the United States Government to conduct any operation consistent with otherwise applicable law. 4. Inspector General of the Intelligence Community review On an annual basis the Inspector General of the Intelligence Community shall— (1) conduct a review of any notifications received under section 3(c) with respect to the element of the intelligence community’s compliance with all appropriate policies and procedures related to consideration of the use of targeted lethal force against a particular, known United States person; and (2) submit to the Director and the congressional intelligence committees a report on the findings of such review. 5. Construction Nothing in this Act or the amendments made by this Act may be construed to authorize the use of targeted lethal force against a United States person.

Targeted Strike Oversight Reform Act of 2013

Foreign Language Education Partnership Program Act - Amends the Elementary and Secondary Education Act of 1965 to replace the program providing incentive payments to public elementary schools for foreign language instruction with a partnership program in foreign languages that provides matching grants to partnerships composed of state or local educational agencies and institutions of higher education. Requires such partnerships to establish, improve, or expand model programs of foreign language learning from kindergarten through grade 12 that increase the number of high school graduates who attain advanced proficiency in at least one foreign language. Requires each model program to have a dimension allowing the student to gain an understanding of the historic, geographic, cultural, economic, and other contextual factors of countries whose people speak the language studied. Conditions a partnership's continued funding for two additional five-year periods, after an initial four-year funding period, on its demonstrating its program's effectiveness based on nationally recognized standardized foreign language assessments. Directs the Secretary of Education to collect and analyze data on such programs annually and disseminate aggregated program data nationally, as well as information on successful programs and practices.

113 S1036 IS: Foreign Language Education Partnership Program Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1036 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Reid Mr. Lautenberg Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to establish a partnership program in foreign languages. 1. Short title This Act may be cited as the Foreign Language Education Partnership Program Act 2. Partnership program in foreign languages (a) In general Section 5494 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7259c 5494. Partnership program in foreign languages (a) Purposes The purposes of this section are— (1) to provide grants for developing and maintaining model programs of articulated foreign language learning from kindergarten through grade 12 that increase the number of students graduating from high school with an advanced level of proficiency in at least one foreign language; and (2) to widely disseminate information on the model programs that demonstrate success. (b) Program authorized (1) In general From the amounts made available to carry out this section for a fiscal year, the Secretary shall make grants to eligible partnerships to develop and maintain, or to improve and expand, model programs that support articulated foreign language learning in kindergarten through grade 12. (2) Planning and development For the first 2 fiscal years that an eligible partnership receives funds under paragraph (1) for a model program on a less-commonly-taught foreign language (as determined by the Secretary), the Secretary may allow that partnership, based on demonstrated need, to use those funds for planning and development activities, including— (A) development of an articulated instructional curriculum for the less-commonly-taught foreign language to which the model program relates; (B) in-service and pre-service development of teachers, and development of curriculum and language assessments in the less-commonly-taught foreign language to which the model program relates; and (C) development of contextual programs and curriculum materials related to the less-commonly-taught foreign language to which the model program relates, as described in subsection (e). (c) Applications (1) In general Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents Each application shall— (A) identify each member of the partnership, provide contact information and letters of commitment for each such member, and describe the responsibilities of each such member, including— (i) identifying the member that will receive and manage the grant; (ii) specifying how each member will be involved in the planning, development, and implementation of the activities proposed under the grant; (iii) describing the resources to be provided by each member; and (iv) describing how each member will contribute to ensuring the continuity of student progress in proficiency from kindergarten through grade 12 in not less than 1 foreign language to which the program relates; (B) describe how an articulated curriculum for students to achieve an advanced level of proficiency by grade 12 in the foreign language will be developed and implemented; (C) identify target proficiency levels in the foreign language for students at critical benchmarks, and describe how progress toward those proficiency levels will be assessed at the benchmarks; (D) describe how the partnership will support and continue the program after the grant has expired, including how the partnership will seek support from other sources, such as State and local governments, foundations, and the private sector; and (E) describe what assessments will be used or, if assessments are not available, how assessments will be developed. (d) Use of funds An eligible partnership receiving a grant under this section— (1) shall use grant funds— (A) to design model programs and teaching strategies relating to not less than one foreign language that are informed by the best practices recognized by the field and by available research; (B) to develop, for the foreign language to which the model program relates, curriculum materials based on an articulated framework or approach designed to bring students to an advanced level of proficiency by grade 12; (C) to recruit students and teachers for the foreign language, such as individuals from heritage populations; and (D) to carry out teacher in-service and pre-service professional development programs, including summer institutes, that support the model programs; and (2) may be used— (A) (i) to develop nationally recognized assessments for kindergarten through grade 12 for the foreign language to which the model program relates, if such assessments do not exist for that language; or (ii) to enhance nationally recognized assessments for kindergarten through grade 12 for the foreign language to which the model program relates, if such assessments already exist for that language; (B) to provide scholarships and incentives to recruit new teachers for the foreign language, and encourage practicing teachers to take advantage of the professional development opportunities; (C) to provide opportunities for maximum foreign language exposure for students domestically, such as the creation of immersion environments in the classroom and school and on weekend or summer experiences, and special tutoring and academic support; (D) to provide the possibility for multiple entry points for studying the foreign language; (E) to provide scholarships for study-abroad opportunities related to the foreign language, for students in grades 9 through 12 and teachers and prospective teachers of such students, except that the eligible entity shall not use more than 20 percent of the grant funds for this purpose; (F) to carry out activities to integrate foreign languages into the school curriculum and generate whole-school collaboration, including activities and support for teachers of other subjects and administrators; (G) to carry out activities to encourage community involvement in the model program, especially with respect to heritage communities; (H) to incorporate effective and innovative uses of technology to enhance student learning and teaching in the foreign language; (I) to develop certification and alternative certification programs at the State level, especially for less-commonly-taught foreign languages (as determined by the Secretary); (J) to obtain technical assistance in the development and implementation of the model program funded under this section; and (K) to recruit or appoint a language supervisor to oversee and coordinate the progress of the articulated foreign language program funded under this section across grade levels in the local educational agency. (e) Contextual dimension A grant under this section may not be used to support a model program unless the program includes a dimension, carried out in conjunction with foreign language instruction, under which each foreign language learner also participates in programs to expand the understanding and knowledge of historic, geographic, cultural, economic, and other contextual factors of countries with populations who speak the foreign language to which the model program relates. (f) Research and evaluation (1) In general A grant under this section may not be used to support a model program unless the program includes a research and evaluation component, under which— (A) information is collected and analyzed regarding the effectiveness of activities carried out under the program, including— (i) program design; (ii) student and teacher recruitment strategies; (iii) curricular approaches; (iv) teacher development; and (v) foreign language assessment instruments; (B) information is collected and analyzed regarding the impact of each activity in subparagraph (A) on the foreign language proficiency of the students; (C) information is collected and analyzed regarding program participation, including data on student enrollments and numbers of foreign language teachers; and (D) the information collected, and the analyses of that information, are made widely available to the public. (2) Standardization The Secretary shall provide guidelines to standardize the categories of information collected and analyzed under paragraph (1) and the manner in which that information is collected, analyzed, and made available to the public. (g) Duration of payments (1) Initial grants An initial grant awarded under this section to an eligible partnership shall be for a period of 4 years. (2) Additional grants An eligible partnership completing a 4-year grant award under this section may be eligible for not more than 2 additional 5-year awards under this section, but only if the partnership demonstrates, based on nationally recognized standardized foreign language assessments, that the partnership's model program is effective. (h) Matching requirement (1) In general An eligible partnership that receives a grant under this section shall provide, toward the cost of carrying out the activities supported by the grant, from non-Federal sources an amount equal to–– (A) 20 percent of the amount of the grant payment for the first fiscal year for which a grant payment is made; (B) 30 percent of the amount of the grant payment for the second such fiscal year; (C) 40 percent of the amount of the grant payment for the third such fiscal year; and (D) 50 percent of the amount of the grant payment for the fourth such fiscal year, and for each year of any subsequent grants made to the eligible partnership under this section. (2) Non-federal share The non-Federal share required under paragraph (1) may be provided in cash or in-kind. (3) Waiver The Secretary may waive, in whole or in part, the matching requirement under paragraph (1) for any fiscal year if–– (A) the eligible partnership demonstrates hardship and the waiver will best serve the purposes of this section; or (B) the foreign language to which the model program relates is a less-commonly-taught foreign language (as determined by the Secretary). (i) Supplement not supplant Grant funds provided under this section shall be used to supplement, not supplant, other Federal and non-Federal funds available to carry out the activities described in this section. (j) Data collection, analysis, and dissemination (1) In general The Secretary may reserve not more than 3 percent of the total amount appropriated for this section for any fiscal year to— (A) annually collect and analyze data on the model programs supported under this section; and (B) disseminate nationally, including through a Web-based clearinghouse— (i) aggregated data collected under subparagraph (A); and (ii) promising kindergarten through grade 12 foreign language learning and teaching practices, and successful program models, that are developed under this section. (2) Authority for grants or contracts The activities described in paragraph (1) may be carried out by the Secretary directly or through grants or contracts to institutions of higher education or public or private nonprofit agencies and organizations. (k) Definitions In this section: (1) Advanced level of proficiency The term advanced level of proficiency (A) the advanced level as measured by the American Council on the Teaching of Foreign Languages; (B) level 2 as measured by the Interagency Language Roundtable; or (C) any other nationally recognized measure of advanced standards of foreign language proficiency, as determined by the Secretary. (2) Articulated The term articulated (3) Eligible partnership The term eligible partnership (A) shall include— (i) one or more local educational agencies or State educational agencies; and (ii) one or more institutions of higher education, which shall include— (I) a school, department, or program within the institution or institutions of higher education that provides a teacher preparation program; (II) a school, department, program, or center within the institution or institutions of higher education that provides a program of study or research in foreign languages; and (III) a school, department, program, or center within the institution or institutions of higher education that provides programs of study about the historic, geographic, cultural, economic, and other contextual factors of the world area or country with populations who speak the foreign language to which the model program relates; and (B) may also include one or more businesses or nonprofit organizations. (l) Authorization of appropriations There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. . (b) Findings and purposes Subpart 9 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7259 et seq.) is further amended by inserting after section 5491 the following: 5491A. Findings; purposes (a) Findings Congress finds the following: (1) According to the National Research Council in 2007, a pervasive lack of knowledge about foreign cultures and foreign languages in this country threatens the security of the United States as well as its ability to compete in the global marketplace and produce an informed citizenry. (2) According to the National Research Council in 2007, early language learning in elementary and secondary school is key to establishing a pipeline of students who can eventually reach a high enough level of proficiency in foreign language and culture to meet national needs. (3) According to the Committee for Economic Development in 2006, current efforts to develop language skills and knowledge of world regions at an early age are clearly inadequate to prepare high school graduates with the skills necessary for productivity and citizenship in an integrated global economy. (4) Research demonstrates that success lies not only in the number of years of learning but also in having carefully sequenced and articulated programs of language learning across a child’s school experience, requiring bridging the gaps between levels in foreign language education. (b) Purposes The purposes of this subpart are— (1) to provide grants for model programs that address the needs for developing, strengthening, and expanding the teaching and learning of foreign languages and foreign cultures in the elementary and secondary schools of the United States; and (2) to widely disseminate information on successful programs and practices. . (c) Technical amendments The table of contents in section 2 of such Act is amended— (1) by inserting after the item relating to section 5491 the following: Sec. 5491A. Findings; purposes. ; and (2) by striking the item relating to section 5494 and inserting the following: Sec. 5494. Partnership program in foreign languages. .

Foreign Language Education Partnership Program Act

Fourth Amendment Preservation and Protection Act of 2013 - Prohibits the federal government or a state or local government from obtaining or seeking to obtain information relating to an individual or group of individuals held by a third party in a system of records, except as authorized by this Act. Deems information obtained otherwise to be inadmissible in a criminal prosecution in a court of law. Permits the government to obtain, and a court to admit, information relating to an individual held by a third party in a system of records if: (1) the individual whose name or identification information the government is using to access the information provides express and informed consent to the search; or (2) the government obtains a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

113 S1037 IS: Fourth Amendment Preservation and Protection Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1037 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Paul Committee on the Judiciary A BILL To ensure adequate protection of the rights under the Fourth Amendment to the Constitution of the United States. 1. Short title This Act may be cited as the Fourth Amendment Preservation and Protection Act of 2013 2. Findings Congress finds that the right under the Fourth Amendment to the Constitution of the United States of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures is violated when the Federal Government or a State or local government acquires information voluntarily relinquished by a person to another party for a limited business purpose without the express informed consent of the person to the specific request by the Federal Government or a State or local government or a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 3. Definition In this Act, the term system of records 4. Prohibition (a) In general Except as provided in subsection (b), the Federal Government and a State or local government is prohibited from obtaining or seeking to obtain information relating to an individual or group of individuals held by a third-party in a system of records, and no such information shall be admissible in a criminal prosecution in a court of law. (b) Exception The Federal Government or a State or local government may obtain, and a court may admit, information relating to an individual held by a third-party in a system of records if— (1) the individual whose name or identification information the Federal Government or State or local government is using to access the information provides express and informed consent to the search; or (2) the Federal Government or State or local government obtains a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fourth Amendment Preservation and Protection Act of 2013

End Racial Profiling Act of 2013 - Prohibits any law enforcement agent or agency from engaging in racial profiling. Grants the United States or an individual injured by racial profiling the right to obtain declaratory or injunctive relief. Requires federal law enforcement agencies to maintain adequate policies and procedures to eliminate racial profiling and to cease existing practices that permit racial profiling. Requires state or local governmental entities or state, local, or tribal law enforcement agencies that apply for grants under the Edward Byrne Memorial Justice Assistance Grant Program and the Cops on the Beat Program to certify that they maintain adequate policies and procedures for eliminating racial profiling and have eliminated any existing practices that permit or encourage racial profiling. Authorizes the Attorney General to award grants and contracts for the collection of data relating to racial profiling and for the development of best practices and systems to eliminate racial profiling. Requires the Attorney General to issue regulations for the collection and compilation of data on racial profiling and for the implementation of this Act.

113 S1038 IS: End Racial Profiling Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1038 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Cardin Mr. Durbin Mr. Blumenthal Mr. Coons Mr. Harkin Mr. Menendez Ms. Stabenow Mr. Levin Ms. Mikulski Ms. Warren Mrs. Boxer Mrs. Gillibrand Mr. Lautenberg Ms. Hirono Committee on the Judiciary A BILL To eliminate racial profiling by law enforcement, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the End Racial Profiling Act of 2013 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Prohibition of Racial Profiling Sec. 101. Prohibition. Sec. 102. Enforcement. Title II—Programs to Eliminate Racial Profiling By Federal Law Enforcement Agencies Sec. 201. Policies to eliminate racial profiling. Title III—Programs to Eliminate Racial Profiling By State, Local, and Indian Tribal Law Enforcement Agencies Sec. 301. Policies required for grants. Sec. 302. Involvement of Attorney General. Sec. 303. Data collection demonstration project. Sec. 304. Best practices development grants. Sec. 305. Authorization of appropriations. Title IV—Data Collection Sec. 401. Attorney General to issue regulations. Sec. 402. Publication of data. Sec. 403. Limitations on publication of data. Title V—Department of Justice Regulations and Reports on Racial Profiling in the United States Sec. 501. Attorney General to issue regulations and reports. Title VI—Miscellaneous Provisions Sec. 601. Severability. Sec. 602. Savings clause. 2. Definitions In this Act: (1) Covered program The term covered program (A) the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. (B) the Cops on the Beat 42 U.S.C. 3796dd et seq. (2) Governmental body The term governmental body (3) Hit rate The term hit rate (4) Indian tribe The term Indian tribe 25 U.S.C. 479a (5) Law enforcement agency The term law enforcement agency (6) Law enforcement agent The term law enforcement agent (7) Racial profiling The term racial profiling (8) Routine or spontaneous investigatory activities The term routine or spontaneous investigatory activities (A) Interviews. (B) Traffic stops. (C) Pedestrian stops. (D) Frisks and other types of body searches. (E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians. (F) Data collection and analysis, assessments, and predicated investigations. (G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out. (H) Immigration-related workplace investigations. (I) Such other types of law enforcement encounters compiled for or by the Federal Bureau of Investigation or the Department of Justice Bureau of Justice Statistics. (9) Reasonable request The term reasonable request (A) are immaterial to the investigation; (B) would result in the unnecessary disclosure of personal information; or (C) would place a severe burden on the resources of the law enforcement agency given its size. (10) State The term State (11) Unit of local government The term unit of local government (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that— (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or (C) any Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior. I Prohibition of Racial Profiling 101. Prohibition No law enforcement agent or law enforcement agency shall engage in racial profiling. 102. Enforcement (a) Remedy The United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States. (b) Parties In any action brought under this title, relief may be obtained against— (1) any governmental body that employed any law enforcement agent who engaged in racial profiling; (2) any agent of such body who engaged in racial profiling; and (3) any person with supervisory authority over such agent. (c) Nature of proof Proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on racial, ethnic, or religious minorities shall constitute prima facie evidence of a violation of this title. (d) Attorney’s fees In any action or proceeding to enforce this title against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee. II Programs to Eliminate Racial Profiling By Federal Law Enforcement Agencies 201. Policies to eliminate racial profiling (a) In general Federal law enforcement agencies shall— (1) maintain adequate policies and procedures designed to eliminate racial profiling; and (2) cease existing practices that permit racial profiling. (b) Policies The policies and procedures described in subsection (a)(1) (1) a prohibition on racial profiling; (2) training on racial profiling issues as part of Federal law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 401; (4) procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and (5) any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by Federal law enforcement agencies. III Programs to Eliminate Racial Profiling By State, Local, and Indian Tribal Law Enforcement Agencies 301. Policies required for grants (a) In general An application by a State, a unit of local government, or a State, local, or Indian tribal law enforcement agency for funding under a covered program shall include a certification that such State, unit of local government, or law enforcement agency, and any law enforcement agency to which it will distribute funds— (1) maintains adequate policies and procedures designed to eliminate racial profiling; and (2) has eliminated any existing practices that permit or encourage racial profiling. (b) Policies The policies and procedures described in subsection (a)(1) (1) a prohibition on racial profiling; (2) training on racial profiling issues as part of law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 401; and (4) participation in an administrative complaint procedure or independent audit program that meets the requirements of section 302 (c) Effective date This section shall take effect 12 months after the date of enactment of this Act. 302. Involvement of Attorney General (a) Regulations (1) In general Not later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, tribal, and local law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such programs and procedures provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies. (2) Guidelines The regulations issued under paragraph (1) (b) Noncompliance If the Attorney General determines that the recipient of a grant from any covered program is not in compliance with the requirements of section 301 subsection (a) (c) Private parties The Attorney General shall provide notice and an opportunity for private parties to present evidence to the Attorney General that a recipient of a grant from any covered program is not in compliance with the requirements of this title. 303. Data collection demonstration project (a) Competitive awards (1) In general The Attorney General may, through competitive grants or contracts, carry out a 2-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies. The data collected shall be disaggregated by race, ethnicity, national origin, and religion. (2) Number of grants The Attorney General shall provide not more than 5 grants or contracts under this section. (3) Eligible grantees Grants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily. (b) Required activities Activities carried out with a grant under this section shall include— (1) developing a data collection tool and reporting the compiled data to the Attorney General; and (2) training of law enforcement personnel on data collection, particularly for data collection on hit rates for stops and searches. (c) Evaluation Not later than 3 years after the date of enactment of this Act, the Attorney General shall enter into a contract with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (d) Authorization of appropriations There are authorized to be appropriated to carry out activities under this section— (1) $5,000,000, over a 2-year period, to carry out the demonstration program under subsection (a) (2) $500,000 to carry out the evaluation under subsection (c) 304. Best practices development grants (a) Grant authorization The Attorney General, through the Bureau of Justice Assistance, may make grants to States, local law enforcement agencies, and units of local government to develop and implement best practice devices and systems to eliminate racial profiling. (b) Use of funds The funds provided under subsection (a) (1) The development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public. (2) The acquisition and use of technology to facilitate the accurate collection and analysis of data. (3) The development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in, or at risk of engaging in, racial profiling or other misconduct. (4) The establishment and maintenance of an administrative complaint procedure or independent auditor program. (c) Equitable distribution The Attorney General shall ensure that grants under this section are awarded in a manner that reserves an equitable share of funding for small and rural law enforcement agencies. (d) Application Each State, local law enforcement agency, or unit of local government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. 305. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title. IV Data Collection 401. Attorney General to issue regulations (a) Regulations Not later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data under sections 201 and 301. (b) Requirements The regulations issued under subsection (a) (1) provide for the collection of data on all routine or spontaneous investigatory activities; (2) provide that the data collected shall— (A) be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer; (B) include the date, time, and location of such investigatory activities; (C) include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and (D) not include personally identifiable information; (3) provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice; (4) provide that law enforcement agencies shall compile data on the standardized form made available under paragraph (3) (5) provide that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years; (6) include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured; (7) provide that the Department of Justice Bureau of Justice Statistics shall— (A) analyze the data for any statistically significant disparities, including— (i) disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood; (ii) disparities in the hit rate; and (iii) disparities in the frequency of searches performed on minority drivers and the frequency of searches performed on non-minority drivers; and (B) not later than 3 years after the date of enactment of this Act, and annually thereafter— (i) prepare a report regarding the findings of the analysis conducted under subparagraph (A) (ii) provide such report to Congress; and (iii) make such report available to the public, including on a website of the Department of Justice; and (8) protect the privacy of individuals whose data is collected by— (A) limiting the use of the data collected under this Act to the purposes set forth in this Act; (B) except as otherwise provided in this Act, limiting access to the data collected under this Act to those Federal, State, local, or tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this Act; (C) requiring contractors or other non-governmental agents who are permitted access to the data collected under this Act to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A); and (D) requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act. 402. Publication of data The Department of Justice Bureau of Justice Statistics shall provide to Congress and make available to the public, together with each annual report described in section 401 403. Limitations on publication of data The name or identifying information of a law enforcement officer, complainant, or any other individual involved in any activity for which data is collected and compiled under this Act shall not be— (1) released to the public; (2) disclosed to any person, except for— (A) such disclosures as are necessary to comply with this Act; (B) disclosures of information regarding a particular person to that person; or (C) disclosures pursuant to litigation; or (3) subject to disclosure under section 552 V Department of Justice Regulations and Reports on Racial Pro­fil­ing in the United States 501. Attorney General to issue regulations and reports (a) Regulations In addition to the regulations required under sections 303 and 401, the Attorney General shall issue such other regulations as the Attorney General determines are necessary to implement this Act. (b) Reports (1) In general Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report on racial profiling by law enforcement agencies. (2) Scope Each report submitted under paragraph (1) (A) a summary of data collected under sections 201(b)(3) and 301(b)(3) and from any other reliable source of information regarding racial profiling in the United States; (B) a discussion of the findings in the most recent report prepared by the Department of Justice Bureau of Justice Statistics under section 401(b)(7); (C) the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 201 and by the State and local law enforcement agencies under sections 301 and 302; and (D) a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling. VI Miscellaneous Provisions 601. Severability If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the remaining provisions of this Act to any person or circumstance shall not be affected thereby. 602. Savings clause Nothing in this Act shall be construed— (1) to limit legal or administrative remedies under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 42 U.S.C. 14141 42 U.S.C. 3701 et seq. 42 U.S.C. 2000d et seq. (2) to affect any Federal, State, or tribal law that applies to an Indian tribe because of the political status of the tribe; or (3) to waive the sovereign immunity of an Indian tribe without the consent of the tribe.

End Racial Profiling Act of 2013

Spouses of Heroes Education Act - Entitles to post-9/11 veterans' educational assistance the spouse (under current law, only the child) of a person who, on or after September 11, 2001, dies in the line of duty while serving on active duty as a member of the Armed Forces. Terminates such spouse's entitlement on the earlier of: (1) the date that is 15 years after the date on which the member died, and (2) the date of the spouse's remarriage. Requires an individual entitled to such assistance and also to veterans' educational assistance under the Montgomery GI Bill to elect a single coverage.

113 S1039 IS: Spouses of Heroes Education Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1039 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Merkley Mr. Heller Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand the Marine Gunnery Sergeant John David Fry scholarship to include spouses of members of the Armed Forces who die in the line of duty, and for other purposes. 1. Short title This Act may be cited as the Spouses of Heroes Education Act 2. Expansion of Marine Gunnery Sergeant John David Fry scholarship (a) Expansion of entitlement Subsection (b)(9) of section 3311 or spouse child (b) Limitation and election on certain benefits Subsection (f) of such section is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: (2) Limitation The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of— (A) the date that is 15 years after the date on which the person died; and (B) the date on which the individual remarries. (3) Election on receipt of certain benefits A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance. . (c) Conforming amendment Section 3321(b)(4) of such title is amended by striking an individual a child (d) Effective date The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

Spouses of Heroes Education Act

National Monuments Act of 2011- Requires the President to obtain congressional approval of proposed national monuments situated upon land owned or controlled by the federal government and certify compliance with the National Environmental Policy Act of 1969 prior to declaring national monuments. Bars the Secretary of the Interior from implementing any restrictions on the public use of a national monument until the expiration of an appropriate review period providing for public input and congressional approval.

113 S104 IS: National Monuments Act of 2011 U.S. Senate 2013-01-23 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 113th CONGRESS 1st Session S. 104 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Vitter Committee on Energy and Natural Resources A BILL To provide for congressional approval of national monuments and restrictions on the use of national monuments. 1. Short title This Act may be cited as the National Monuments Act of 2011 2. Designation of national monuments The Act of June 8, 1906 ( 16 U.S.C. 431 et seq. (1) in section 2 ( 16 U.S.C. 431 Sec. 2. 2. Designation of national monuments After obtaining congressional approval of the proposed national monument and certifying compliance with the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. ; and (2) by adding at the end the following: 5. Restrictions on public use The Secretary of the Interior shall not implement any restrictions on the public use of a national monument until the expiration of an appropriate review period (as determined by the Secretary of the Interior) providing for public input and congressional approval. .

National Monuments Act of 2011

Military Crime Victims' Rights Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ) to provide specific rights for victims of offenses under the UCMJ, including the right to: (1) be protected from the accused; (2) reasonable, accurate, and timely notice of any public proceeding involving the offense; (3) not be excluded from such proceeding (with an exception), and to be heard; (4) confer with trial counsel in the case; (5) full and timely restitution; (6) proceedings free from unreasonable delay; and (7) be treated with fairness and respect for the victim's dignity and privacy. Requires the military judge to ensure such rights in any court-martial proceeding, and requires all others involved in the matter (counsel, investigators, etc.) to make their best efforts to afford such rights. Provides for the enforcement of such rights throughout the process. Provides for the assumption of such rights by a legal guardian, family member, or estate representative in the case of a victim who is under 18 years old, incompetent, incapacitated, or deceased. Directs the Secretary of Defense (DOD) to modify the Manual for Courts-Martial to prescribe regulations for the enforcement of such rights.

113 S1041 IS: Military Crime Victims' Rights Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1041 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Blumenthal Committee on Armed Services A BILL To amend title 10, United States Code, to afford crime victims' rights to victims of offenses under the Uniform Code of Military Justice, and for other purposes. 1. Short title This Act may be cited as the Military Crime Victims' Rights Act of 2013 2. Extension of crime victims' rights to victims of offenses under the Uniform Code of Military Justice (a) Victims' rights (1) In general Subchapter I of chapter 47 806b. Art. 6b. Victims' rights of victims of offenses under this chapter (a) Rights Any individual who is the victim of an offense under this chapter (the Uniform Code of Military Justice), regardless of whether such individual is a member of the Armed Forces (in this section referred to as a victim of a military crime (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public proceeding in an investigation under section 832 of this title (article 32), court-martial, involuntary plea hearing, pre-sentencing hearing, or parole hearing involving the offense or of any release or escape of the accused. (3) The right not to be excluded from any such public proceeding, referred to in paragraph (2) unless the military judge, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding referred to in paragraph (2). (5) The reasonable right to confer with the trial counsel in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. (b) Rights afforded In any court-martial proceeding involving an offense against a victim of a military crime, the military judge shall ensure that the victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the military judge shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this subsection shall be clearly stated on the record. (c) Best efforts To accord rights (1) Military judges, trial and defense counsel, military criminal investigation organizations, services, and personnel, and other members and personnel of the Department of Defense engaged in the detection, investigation, or prosecution of offenses under this chapter (the Uniform Code of Military Justice) shall make their best efforts to see that victims of military crimes are notified of, and accorded, the rights described in that subsection. (2) The trial counsel in a case shall advise the victim that the victim can seek the advice of an attorney with respect to the rights described in subsection (a). (3) Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. (d) Enforcement and limitations (1) A victim of a military crime, the victim's lawful representative, and the trial counsel may assert the rights described in subsection (a). A person accused of an offense under this chapter (the Uniform Code of Military Justice) may not obtain any form of relief under this section with respect to such offense. (2) In a case where the military judge finds that the number of victims makes it impracticable to accord all of the victims the rights described in subsection (a), the military judge shall fashion a reasonable procedure to give effect to this section that does not unduly complicate or prolong the proceedings. (3) The rights described in subsection (a) shall be asserted in the court-martial in which the accused is being prosecuted for the offense. The military judge shall take up and decide any motion asserting a victim's right forthwith. If the military judge denies the relief sought, the movant may petition the Court of Criminal Appeals. The Court of Criminal Appeals may issue the writ on the order of a single judge pursuant to the rules of the Court of Criminal Appeals. The Court of Criminal Appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this section. If the Court of Criminal Appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion. (4) In any appeal in a case under this chapter (the Uniform Code of Military Justice), the Government may assert as error the military judge's denial of any victim's right in the proceeding to which the appeal relates. (5) In no case shall a failure to afford a right under this section provide grounds for a new trial. A victim may make a motion to re-open a plea or sentence only if— (A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied; (B) the victim petitions the Court of Criminal Appeals for a writ of mandamus within 14 days; and (C) in the case of a plea, the accused has not pled to the highest offense charged. (6) Nothing in this section shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this section shall be construed to impair the prosecutorial discretion of a Judge Advocate General or any officer under his direction. (e) Certain victims In the case of a victim of a military crime who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the victim or the representatives of the victim's estate, family members, or any other persons appointed as suitable by the military judge, may assume the victim's rights under this section, but in no event shall an accused be named as such guardian or representative. . (2) Clerical amendment The table of sections at the beginning of subchapter I of chapter 47 of such title (the Uniform Code of Military Justice) is amended by adding at the end the following new item: 806b. Art. 6b. Victims' rights of victims of offenses under this chapter. . (b) Procedures To promote compliance (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall modify the Manual for Courts-Martial, and prescribe such other regulations as the Secretary considers appropriate, to enforce the rights of victims of military crimes and to ensure compliance by responsible members of the Armed Forces and personnel of the Department of Defense with the obligations specified in section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a). (2) Elements The modifications and regulations issued pursuant to paragraph (1) shall include the following: (A) The designation of an administrative authority within the Department of Defense to receive and investigate complaints relating to the provision or violation of the rights of victims of military crimes. (B) A requirement for a course of training for judge advocates and other appropriate members of the Armed Forces and personnel of the Department that fail to comply with section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as so added, and otherwise assist such personnel in responding more effectively to the needs of victims of military crimes. (C) Disciplinary sanctions, including suspension or termination from employment in the case of employees of the Department of Defense, for members of the Armed Forces and other personnel of the Department who willfully or wantonly fail to comply with section 806b (D) Mechanisms to ensure that the Secretary of Defense shall be the final arbiter of a complaint authorized pursuant to subparagraph (A) by a victim of a military crime that the victim was not afforded the rights provided under section 806b

Military Crime Victims' Rights Act of 2013

Veterans Legal Support Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to provide support to at least one university law school program that is designed to provide legal assistance to veterans. Allows programs of university law schools which may receive support under this Act to include those that assist veterans with: (1) filing and appealing claims for benefits under laws administered by the Secretary; and (2) such other civil, criminal, and family legal matters as considered appropriate. Permits the support provided to a program to include financial support. Limits the total amount of financial support provided in any fiscal year to $1 million.

113 S1042 IS: Veterans Legal Support Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1042 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mrs. Shaheen Ms. Klobuchar Mr. Murphy Committee on Veterans' Affairs A BILL To authorize the Secretary of Veterans Affairs to provide support to university law school programs that are designed to provide legal assistance to veterans, and for other purposes. 1. Short title This Act may be cited as the Veterans Legal Support Act of 2013 2. Department of Veterans Affairs support for university legal clinics that assist veterans (a) Support authorized The Secretary of Veterans Affairs may provide support to one or more university law school programs that are designed to provide legal assistance to veterans. (b) Eligible programs Programs of university law schools which may receive support under subsection (a) may include programs that assist veterans with— (1) filing and appealing claims for benefits under laws administered by the Secretary; and (2) such other civil, criminal, and family legal matters as the Secretary considers appropriate. (c) Financial support (1) In general The support provided a program under subsection (a) may include financial support of the program. (2) Limitation on amount The total amount of financial support provided under subsection (a) in any fiscal year may not exceed $1,000,000. (3) Funding Amounts for financial support under subsection (a) shall be derived from amounts appropriated or otherwise made available to the Medical Services account of the Department of Veterans Affairs.

Veterans Legal Support Act of 2013

English Learning and Innovation Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award renewable, competitive grants to states, local educational agencies (LEAs), and public charter schools or charter school management organizations to carry out activities that result in English learners becoming proficient in English so that they can access the knowledge needed to meet state academic content standards and be ready for postsecondary education and careers (innovation grants). Includes among those activities: (1) improving instructional programs, including through the use of dual-language or bilingual education; (2) ensuring that English learners are taught by effective teachers at schools administered by effective principals; (3) increasing the ability of the families of English learners to engage in their child's education and development; and (4) expanding best practices to other schools or LEAs. Authorizes the Secretary to award competitive capacity building grants to states and LEAs that have experienced a significant increase in English learners for use in building their capacity to provide quality instruction to English learners and their parents and become competitive in applying for an innovation grant. Directs the Secretary to establish indicators to measure the success of this Act's grant programs. Requires this Act's grantees to: (1) develop, and submit for the Secretary's approval, quantifiable benchmarks for evaluating their grant activities; and (2) provide the Secretary with an annual report on their progress toward those benchmarks.

113 S1043 IS: English Learning and Innovation Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1043 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Bennet Committee on Health, Education, Labor, and Pensions A BILL To promote innovative practices for the education of English learners and to help States and local educational agencies with English learner populations build capacity to ensure that English learners receive high-quality instruction that enables them to become proficient in English, access the academic content knowledge needed to meet State challenging academic content standards, and be prepared for postsecondary education and careers. 1. Short title This Act may be cited as the English Learning and Innovation Act 2. English Learner Competitive Grants (a) In General Title III of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6801 et seq. (1) in section 3001(a)— (A) in paragraph (1), by inserting “and part C” after “part B”; and (B) by adding at the end of the following: (3) English Learner Competitive Grants There are authorized to be appropriated to carry out part C, $100,000,000 for fiscal year 2014 and each of the 5 succeeding fiscal years. ; (2) by redesignating part C as part D; (3) by redesignating sections 3301 through 3304 as sections 3401 through 3404, respectively; (4) in section 3111(c)(1)(C), by striking 3303 3403 (5) in section 3116(d)(1), by striking 3302 3402 (6) by inserting after part B the following: C English Learner Competitive Grants. 3301. Purpose The purposes of this part are— (1) to support eligible entities and eligible agencies in developing and strengthening innovative systems that support high-quality instruction for a diverse group of English learners, including English learners who have entered a school in the United States after elementary school or English learners who have been in schools in the United States for more than 5 years without achieving English language proficiency (as determined through the assessment described in section 1111(b)(7)), or both; and (2) to encourage successful strategies in providing coordinated literacy and parent engagement service models for low-literate limited English proficient parents of English learners. 3302. Innovation grants (a) Program authorized From amounts appropriated under section 3001(a)(3), the Secretary may award grants, on a competitive basis, to eligible entities that have demonstrated progress in establishing and committing to provide high-quality instruction that results in the ability of English learners to achieve English language proficiency and to demonstrate content mastery in core academic subjects to enable such eligible entities to carry out the activities described in subsection (f). (b) Duration (1) In general Grants awarded under this section shall be for a period of not more than 4 years. (2) Renewal The Secretary may renew a grant under this section for an additional 2-year period, if the eligible entity demonstrates success in— (A) improving the English language proficiency of students served by the grant program, as measured by the assessment described in section 1111(b)(7); (B) increasing the percentage of English learners who achieve proficiency on the State academic assessment in mathematics, reading or language arts, and science, as described in section 1111(b)(3); (C) increasing the percentage of secondary school students who achieve proficiency in core academic subjects; (D) increasing the awareness and knowledge of the education system for parents of English learners; (E) improving the English language proficiency and literacy skills of parents served by the grant program; and (F) increasing the graduation rate, as defined in section 1111(b)(2)(C)(vi) and clarified in section 200.19(b)(1) (c) Eligible entity The term eligible entity (1) a State educational agency; (2) a local educational agency; or (3) a public charter school or a charter school management organization. (d) Applications (1) In General An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents At a minimum, the application described in paragraph (1) shall include the following: (A) A description of how the eligible entity will use grant funds to implement English language proficiency standards, and the academic content standards and student academic achievement standards required under section 1111(b)(1), to assist English learners in— (i) improving English language proficiency, academic achievement, and achievement in core academic subject areas; and (ii) improving preparation for postsecondary education and careers. (B) A description of the benchmarks, consistent with section 3304(b)(1), that the eligible entity will establish to demonstrate improvements in outcomes for students who are English learners. (C) A description of how the eligible entity has used the metrics described in subparagraphs (A) through (D) of subsection (b)(2) and the benchmarks described in subparagraph (B) to create a data-driven needs assessment that the eligible entity will use to determine how grant funds will be used. (D) A description of how the eligible entity will use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted under this section, and not to supplant such funds. (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (1) use funds, or propose to use grant funds under this section, to— (A) implement evidence-based strategies, as determined by the Secretary, for activities described in subsection (f); (B) provide educational opportunities for English learners who have entered a school in the United States after elementary school or English learners who have been in schools in the United States for more than 5 years without achieving English language proficiency (as determined through the assessment described in section 1111(b)(7)), or both; (C) provide a continuum of literacy, parenting, and parent engagement services for low-literate limited English proficient parents of young English learners; or (D) serve populations of rural students and students who are migratory children, as defined in section 1309(2); (2) form partnerships with entities to carry out activities under the grant; or (3) work with an educational research entity that is, at the time of the application, implementing research-based programs or interventions in schools that serve a significant percentage of English learners. (f) Use of funds Each eligible entity that receives a grant under this section shall use the grant funds to carry out activities that lead to English learners becoming proficient in English in order to access the academic content knowledge that English learners need to meet the State challenging academic content standards under section 1111(b)(1) and to be ready for postsecondary education and careers, which may include— (1) improving instructional programs by— (A) implementing evidence-based language instruction programs, including— (i) technology-based programs; and (ii) early childhood education programs, if applicable; (B) consistent with State law, implementing a program that uses instruction in the native language as a basis for English language acquisition, such as— (i) a dual-language program; or (ii) a bilingual education program; or (C) obtaining technical assistance from an expert to develop or implement materials for English learner instruction; (2) ensuring that English learners are taught by effective teachers and attend schools that are administered by effective principals, by— (A) developing or implementing a strategy to recruit effective teachers and principals; (B) developing or implementing a strategy to retain effective teachers and principals; or (C) developing or implementing a strategy to improve the effectiveness of teachers and principals; (3) increasing the ability of families of English learners to be engaged in their child’s education and development; (4) expanding best practices to other schools or local educational agencies that are served by the eligible entity; or (5) carrying out other activities consistent with the purpose of this part. 3303. Capacity building grants (a) Capacity Building Grants (1) In General From amounts appropriated under section 3001(a)(3), the Secretary may award capacity-building grants, on a competitive basis, to eligible agencies that demonstrate a commitment to establishing and maintaining a system of high-quality instruction for English learners to enable such eligible agencies to carry out the activities described in subsection (g). (2) Limitations The Secretary shall not award a grant under this section to an eligible agency that has received a grant under section 3302. (b) Duration (1) In General Grants awarded under this section shall be for a period of not more than 4 years. (2) Renewal The Secretary shall not renew a grant under this section. (c) Eligible agency The term eligible agency (d) Funding requirement Continued funding after the second year of the grant period for a grant awarded under this section shall be contingent on the eligible agency’s progress in— (1) meeting the benchmarks described in subsection (e)(2)(B); (2) improving the English language proficiency of students served by the grant program, as measured by the assessment described in section 1111(b)(7); (3) increasing the percentage of English learners who achieve proficiency on State academic assessments in mathematics, reading or language arts, and science, as described in section 1111(b)(3); (4) increasing the percentage of secondary school students who achieve proficiency in core academic subjects; (5) increasing the graduation rate, as defined in section 1111(b)(2)(C)(vi) and clarified in section 200.19(b)(1) (6) increasing the awareness and knowledge of the education system for parents of English learners; and (7) improving the English language proficiency and literacy skills of parents of English learners. (e) Applications (1) In General An eligible agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents At a minimum, the application described in paragraph (1) shall include the following: (A) A description of how the eligible entity will use grant funds to implement English language proficiency standards and challenging student academic achievement standards and academic content standards under section 1111(b)(1) to assist English learners in— (i) improving English language proficiency; (ii) improving preparation for postsecondary education and careers; (iii) improving the English language proficiency and literacy skills of their parents; and (iv) improving the knowledge and ability of their parents to navigate the education system. (B) A description of the benchmarks, consistent with section 3304(b), that the eligible agency will establish to demonstrate improvements in outcomes for students who are English learners. (C) A description of how the eligible agency will efficiently use funds to build upon previous efforts to educate English learners and their parents. (D) A description of how the eligible entity will use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted under this section, and not to supplant such funds. (f) Priority In awarding grants under this section, the Secretary shall give priority to eligible agencies that propose to use grant funds to implement evidence-based strategies, as determined by the Secretary, in order to become competitive in the application process for a grant described in section 3302. (g) Use of Funds (1) Required Use of Funds An eligible agency that receives a grant under this section shall use the grant funds to carry out activities that— (A) build the eligible agency's capacity to provide quality instruction to English learners and their parents; and (B) will allow the eligible agency to become competitive in the application process for a grant described in section 3302. (2) Permissible Use of Funds An eligible agency that receives a grant under this section may use the grant funds to ensure that English learners are taught by effective teachers and attend schools that are administered by effective principals, by— (A) developing or implementing a strategy to recruit effective teachers and principals; (B) developing or implementing a strategy to retain effective teachers and principals; or (C) developing or implementing a strategy to improve the effectiveness of teachers and principals. 3304. Indicators, evaluation, technical assistance, and research (a) Indicators (1) In General The Secretary, in consultation with the Director of the Institute of Education Sciences, shall establish indicators to measure the success of grant programs under this part. (2) Primary indicator The primary indicator described in paragraph (1) shall be the percentage of students who— (A) are English learners; (B) become English language proficient; (C) are on track for postsecondary education and a career; (D) have parents who demonstrate improved English language or basic literacy skills; (E) have parents who increase their knowledge of the education system; and (F) have parents who increase their participation in their children’s education. (b) Evaluation and Reports by the Eligible Entity Each eligible entity and eligible agency receiving a grant under this part shall— (1) develop quantifiable benchmarks to evaluate the activities that the eligible entity or eligible agency carries out under this part, based on the applicable indicators described in subsection (a), which may include— (A) the percentage of students who are English learners who obtain English proficiency; (B) the rate of participation of students who are English learners in the State academic assessments under section 1111(b); (C) the reduction in the percentage of students who are English learners and who are in the lowest level of achievement on such State assessments in English, reading or language arts, and mathematics; (D) the percentage of students who are English learners and who are taking advanced coursework; (E) the percentage of parents of English learners who advance at least one educational functioning level in English language proficiency, based on the Department's National Reporting System of Adult Education, after a year of participating in a program supported under this part; (F) the percentage of parents of English learners who enter postsecondary education or job training after a year of participating in such program; (G) improvement, based on pre- and post- surveys, of the knowledge of the parents of English learners regarding the education system; or (H) improvement, based on instructor observation, of child and parent interactions and reports of parent engagement; (2) submit the benchmarks described in paragraph (1) to the Secretary for approval; and (3) prepare and submit an annual report to the Secretary on the progress that the eligible entity or eligible agency is making toward meeting such benchmarks. (c) Technical Assistance The Secretary shall reserve not more than 1 percent from amounts appropriated in section 3001(a)(3) to directly, or through grant or contract, provide technical assistance to eligible entities and eligible agencies to prepare the entities and agencies to qualify, apply for, and maintain grants under this part. (d) Research and evaluation The Secretary shall reserve not more than 0.5 percent from amounts appropriated in section 3001(a)(3) to evaluate grants or provide technical assistance for activities funded under this part. 3305. Definitions In this part: (1) Dual language program The term dual language program (A) in which students are taught literacy and content in English and another language and use the other language for at least half of the instructional day; and (B) that fosters bilingualism, biliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in 2 languages. (2) English learner The term English learner .

English Learning and Innovation Act

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.) World War II Memorial Prayer Act of 2013 - Directs the Secretary of the Interior to install at the World War II memorial in the District of Columbia a suitable plaque or an inscription with the words that President Franklin D. Roosevelt prayed with the United States on June 6, 1944, the morning of D-Day. Bars the use of federal funds for the preparation or installation of the plaque or inscription, but permits the acceptance and expenditure of private contributions for such purpose. Makes the Commemorative Works Act applicable to the design and placement of the plaque within the area of the World War II Memorial.

113 S1044 IS: World War II Memorial Prayer Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1044 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Portman Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to install in the area of the World War II Memorial in the District of Columbia a suitable plaque or an inscription with the words that President Franklin D. Roosevelt prayed with the United States on D-Day, June 6, 1944. 1. Short title This Act may be cited as the World War II Memorial Prayer Act of 2013 2. Placement of plaque or inscription at world war II memorial The Secretary of the Interior— (1) shall install in the area of the World War II Memorial in the District of Columbia a suitable plaque or an inscription with the words that President Franklin D. Roosevelt prayed with the United States on June 6, 1944, the morning of D-Day; (2) shall design, procure, prepare, and install the plaque or inscription referred to in paragraph (1); and (3) may not use Federal funds to prepare or install the plaque or inscription referred to in paragraph (1), but may accept and expend private contributions for this purpose. 3. Commemorative Works Act Chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act

World War II Memorial Prayer Act of 2013

Families for Foster Youth Stamp Act of 2013 - Requires the United States Postal Service, for a period of at least four years, to provide for the issuance and sale of a semipostal in order to increase funding for effective programs targeted at improving permanency outcomes for youth in foster care. Divides the amount received from such sales equally between: (1) programs and activities under the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 that specifically target improvement in permanency outcomes for youth in foster care through adoption, guardianship, or kinship care; and (2) the program for state courts to assess and improve handling of proceedings relating to foster care and adoption.

113 S1047 IS: Families for Foster Youth Stamp Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1047 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Grassley Ms. Landrieu Mr. Cochran Committee on Homeland Security and Governmental Affairs A BILL To provide for the issuance and sale of a semipostal by the United States Postal Service to support effective programs targeted at improving permanency outcomes for youth in foster care. 1. Short title This Act may be cited as the Families for Foster Youth Stamp Act of 2013 2. Families for foster youth semipostal (a) In general In order to increase funding for effective programs targeted at improving permanency outcomes for youth in foster care, the United States Postal Service shall, for a period of not less than 4 years, provide for the issuance and sale of a semipostal, in accordance with section 416 (b) Disposition of amounts (1) Adoption Opportunities Program Fifty percent of any amounts becoming available from the sale of the semipostal under this Act shall be transferred to the Secretary of Health and Human Services for programs and activities authorized under section 203 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 ( 42 U.S.C. 5113 (2) State Court Improvement Program Fifty percent of any amounts becoming available from the sale of the semipostal under this Act shall be transferred to the Secretary of Health and Human Services for programs and activities authorized under section 438 of the Social Security Act (42 U.S.C. 629h). (c) Definition In this Act, the term semipostal section 416

Families for Foster Youth Stamp Act of 2013

Mortgage Finance Act of 2013 - Appoints the Federal Housing Finance Agency (FHFA) receiver of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs) and places them into irrevocable receivership, effective on the date on which the Mortgage Finance Agency (MFA) established by this Act is operational and able to perform the guarantee function for qualified mortgage-backed securities collateralized by qualified residential mortgages. Directs the FHFA to commence liquidation of the GSEs immediately upon their placement into receivership. Repeals the charters of Fannie Mae and Freddie Mac. Requires repayment by the FHFA to the General Fund of the Treasury, in repayment of certain government assistance to the GSEs, of all proceeds from their operations in receivership remaining after their outstanding obligations are fully satisfied. Requires the FHFA as receiver to manage the combined assets of the GSEs to obtain resolutions that maximize the return for the taxpayer. Establishes the MFA as an independent agency of the federal government to: (1) guarantee securities issued by qualified issuers and collateralized by pools of qualified residential mortgages in order to provide a dependable, transparent, and liquid market for high quality mortgages and multifamily mortgages for securitization; (2) charge and collect a guarantee fee sufficient to protect the MFA and the Treasury from the risks of guaranteeing the timely payment of principal and interest on qualified mortgage-backed securities; (3) establish and maintain a Catastrophic Fund to minimize the burden on the federal government by setting aside amounts that will be available solely to pay obligations under the MFA guarantee in the event of any future mortgage market collapse; and (4) purchase supplemental insurance coverage. Requires the MFA to: (1) guarantee the timely payment of the principal and interest to holders of qualified mortgage-back securities, and (2) cover any shortfalls to security holders. Requires the MFA to charge a guarantee fee with respect to timely payment of principal and interest on the qualified mortgage-backed securities. Creates in the Treasury the Catastrophic Fund, to which shall be credited the amount of guarantee fees and any amounts earned on investments. Requires the MFA Board of Directors to issue guidelines to determine whether supplemental coverage: (1) is being offered on commercially reasonable terms, and (2) is reasonably likely to mitigate the risk that the MFA will have to make any payment pursuant to its guarantee. Declares that nothing in this Act may be construed as preventing the private sector from securitizing qualified residential mortgages, qualified multifamily mortgages, or other non-qualified residential single family or multifamily mortgages. Terminates the MFA after ten years.

113 S1048 IS: Mortgage Finance Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1048 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Isakson Committee on Banking, Housing, and Urban Affairs A BILL To revoke the charters for the Federal National Mortgage Corporation and the Federal Home Loan Mortgage Corporation upon resolution of their obligations, to create a new Mortgage Finance Agency for the securitization of single family and multifamily mortgages, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Mortgage Finance Act of 2013 (b) Findings Congress finds that— (1) dependable, transparent, and liquid primary and secondary markets for high-quality residential and multifamily mortgages are critical to a safe and sound housing market; (2) Congress wishes to terminate the Congressional charters and operations of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and to wind them down through an orderly receivership process, without disrupting the housing markets; (3) taxpayers have expended billions of dollars on behalf of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation during the period of their conservatorship, and such expenditures should be recouped; (4) increased participation by the private sector to provide mortgage market liquidity and credit risk mitigation is necessary and desirable to reduce dependence on Government guarantees, and to make remote any future needs for taxpayer assistance; (5) this Act creates a new transitional facility to guarantee securitizations of high-quality residential mortgages, to ensure a sound and stable housing market; (6) multiple layers of private capital and the creation of an industry-funded Catastrophic Fund will make future risk to taxpayers highly remote; and (7) this Act provides for the privatization of the transitional facility after 10 years, with proceeds being paid to the United States Treasury. 2. Definitions For purposes of this Act, unless the context otherwise requires, the following definitions shall apply: (1) Board of directors The term Board of Directors (2) Charter The term charter (A) with respect to the Federal National Mortgage Association, the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.); and (B) with respect to the Federal Home Loan Mortgage Corporation, the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.). (3) Director The term Director (4) Enterprise The term enterprise (A) the Federal National Mortgage Association; and (B) the Federal Home Loan Mortgage Corporation. (5) FHFA The term FHFA (6) Mortgage Finance Agency; MFA The terms Mortgage Finance Agency MFA (7) MFA certification date The term MFA certification date (8) Qualified issuer The term qualified issuer (9) Qualified mortgage-backed securities The term qualified mortgage-backed securities (10) Qualified multifamily mortgage The term qualified multifamily mortgage (A) has been originated with an initial loan to value ratio of not more than 75 percent and with an initial debt service coverage ratio of at least 1.25; or (B) with respect to which, the mortgage lender retains a pro rata vertical slice of credit risk in an amount to be determined by the MFA. (11) Qualified residential mortgage The term qualified residential mortgage (A) Documentation and verification of the financial resources relied upon to qualify the mortgagor. (B) Standards with respect to the income and scheduled debt payments of the mortgagor, including— (i) one or more of— (I) the residual income of the mortgagor after all monthly obligations; (II) the ratio of the housing payments of the mortgagor to the monthly income of the mortgagor; and (III) the ratio of total monthly installment payments of the mortgagor to the income of the mortgagor; and (ii) mitigation of the potential for payment shock on adjustable rate mortgages. (C) Downpayments which shall be equal to not less than 5 percent of purchase price, and— (i) in the case of such mortgages with downpayments equal to not less than 5 percent but less than 30 percent of the purchase price, the mortgage is covered by private mortgage insurance purchased at the time of origination in an amount sufficient to cover each loan to the equivalent of not less than a 30 percent downpayment; and (ii) such mortgage insurance is issued by an entity that is subject to regulation as a mortgage guaranty insurer by the State of domicile of such entity or by the Federal Insurance Office (which regulation includes risk-based capital and reserve requirements). (D) Prohibition of or restrictions on the use of balloon payments, negative amortization, prepayment penalties, interest-only payments, and other features that have been demonstrated to exhibit a higher risk of borrower default. (12) Secretary The term Secretary I Termination of Fannie Mae and Freddie Mac Charters 101. Receivership of the enterprises (a) Irrevocable receivership (1) In general Effective on the MFA certification date, the FHFA is appointed receiver of the enterprises, and the enterprises shall be placed into irrevocable receivership by the FHFA, in accordance with section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4617 (A) paragraphs (1) through (5) of subsection (a) of that section 1367 do not apply with respect to such appointment; and (B) prior to the MFA certification date, the enterprises shall be permitted to engage in the business of guaranteeing the timely payment of principal and interest on qualified mortgage-backed securities and to undertake all functions necessary to carry out such business, to the extent that such guarantees are necessary to provide a dependable, transparent, and liquid market for high quality mortgages for securitization. (2) Commencement of liquidation Immediately upon placement of the enterprises into receivership, the FHFA shall commence liquidation of the enterprises. (b) Repeal of GSE charters (1) Fannie Mae The charter of the Federal National Mortgage Association, is repealed, effective 90 days after the date on which liquidation thereof is complete, in accordance with this Act. (2) Freddie Mac The charter of the Federal Home Loan Mortgage Corporation, is repealed, effective 90 days after the date on which liquidation thereof is complete, in accordance with this Act. (c) Rule of construction For purposes of any provision of Federal law that refers to or relies on a decision by the Director of the FHFA to place an enterprise into receivership, such determination shall be deemed to have been made by operation of the placement of the enterprises into receivership under subsection (a). 102. Repayment of Government assistance; maximizing return to taxpayers (a) In general After fully satisfying the outstanding obligations of the enterprises in a manner consistent with their receivership status, all remaining proceeds from the operations of the enterprises in receivership shall be paid by the FHFA to the General Fund of the United States Treasury in repayment of Government assistance provided in connection with ensuring the solvency and resolution of the enterprises prior to the date of enactment of this Act. (b) Maximum return to taxpayer The combined assets of the enterprises, including on-balance sheet portfolios, shall be managed by the FHFA as receiver to obtain resolutions that maximize the return for the taxpayer, to the extent that— (1) such resolutions are consistent with the goal of supporting a sound, stable, and liquid housing market; and (2) such resolutions are consistent with applicable law. (c) Transfer of proceeds of privatization and catastrophic fund The proceeds from privatization of the MFA upon termination of its authority in accordance with section 304 shall be deposited into the General Fund of the United States Treasury. Upon such termination of the authority of the MFA, the Catastrophic Fund shall be transferred to the General Fund of the United States Treasury, and the United States Treasury shall assume responsibility for and honor any remaining obligations of the MFA, of whatever nature and until such time as they are extinguished. 103. Report to Congress Upon the resolution of all valid claims of the enterprises, the Director of the FHFA shall submit a report by the FHFA as receiver of the enterprises to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, certifying the completion of the receivership. II Mortgage Finance Agency 201. Establishment of MFA There is established the Mortgage Finance Agency, which shall be an independent agency of the Federal Government. 202. Governance (a) Director (1) In general The MFA shall be headed, on a day-to-day basis, by a Director, appointed by the President, by and with the advice and consent of the Senate. Such appointment shall be made not later than 6 months after the date of enactment of this Act. (2) Regulatory authority The Director shall have general regulatory authority over the MFA, and shall exercise such general regulatory authority as necessary to carry out this Act. (3) Term The Director shall serve for a term of 5 years. An individual may serve as Director after the expiration of the term for which appointed, until a successor has been appointed and qualified. (4) Vacancies A vacancy in the office of the Director shall be filled in the same manner as the original appointment. (5) Compensation The Director shall be compensated at the rate prescribed for level II of the Executive Schedule under section 5313 (b) Board of directors (1) Members The operations of the MFA shall be directed by a 5-member Board of Directors, including the Director, who shall serve as the chairperson of the Board of Directors, a Vice Chairman, who shall be appointed by the President, the Chairman of the Securities and Exchange Commission, or a designee thereof, the Secretary of Housing and Urban Development, or a designee thereof, and the Chairman of the Board of Governors of the Federal Reserve System, or a designee thereof. (2) Majority vote A majority vote of all members of the Board of Directors is necessary to resolve all voting issues of the MFA. (3) Meetings The Board of Directors shall meet at the call of the Director, but in no event less frequently than once in each calendar quarter. (4) Federal employees The members of the Board of Directors shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Board of Directors. (5) Travel expenses Members of the Board of Directors shall be entitled to receive travel expenses, including per diem in lieu of subsistence, equivalent to those set forth in subchapter I of chapter 57 (6) Bylaws The Board of Directors may prescribe, amend, and repeal such bylaws as may be necessary for carrying out the functions of the Board of Directors. (7) Quorum A majority of the Board of Directors shall constitute a quorum. (c) Privatization Advisory Board (1) Members There shall be appointed by the President a 10-member privatization advisory board. To the extent practicable, the President shall seek at all times to have advisory board members with expertise in— (A) single family housing finance; (B) multifamily housing finance; (C) residential real estate development and sales; (D) secondary market structuring and pricing; (E) private mortgage insurance; (F) privatization structuring and execution; and (G) macroeconomic policy. (2) Role The roles of the advisory board shall be— (A) to advise the Board of Directors on the privatization of the MFA upon termination of its authority under this Act, including how best to facilitate a smooth, efficient, and orderly transition of the guarantee business; (B) to review and opine on the status of the planning for privatization; and (C) concurrently with the plan and annual and quarterly reports presented by the MFA to Congress under section 304(c), to present to Congress its own independent reports on the plan for privatization and the status thereof. (d) Inspector general There shall be within the MFA an Inspector General, who shall be appointed by the President in accordance with section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) not later than 6 months after the date of enactment of this Act. 203. Funding Annual appropriations to the MFA shall be based upon a budget submitted to Congress by the MFA and approved by the Board of Directors. In accordance with section 303(a)(2), amounts appropriated shall be recouped through collection of the guarantee fee. 204. Regulations; reports (a) Startup Not later than 12 months after the date of the appointment of the Director, the MFA shall issue such regulations, guidelines, orders, requirements, and standards as may be necessary for the establishment and operation of the MFA. (b) Report to Congress Not later than 6 months after the date of the appointment of the Director, the Board of Directors shall provide to Congress a progress report on the drafting of regulations and other conditions precedent to the MFA becoming fully operational. 205. Appearances before congress The Director shall appear before Congress annually regarding— (1) the safety and soundness of the MFA and the Catastrophic Fund, including, beginning 1 year after the date on which the MFA becomes operational, a report by the Inspector General of the MFA, and a report of an independent actuary regarding the adequacy of guarantee fees, the adequacy of the Catastrophic Fund, and the adequacy of the percentage of the guarantee fee that is being allocated to the Catastrophic Fund; (2) any material deficiencies in the conduct of the operations of the MFA; (3) the overall operational status of the MFA; (4) operations, resources, and performance of the Board of Directors; and (5) such other relevant matters relating to the Board of Directors and the MFA. 206. Staff, experts, and consultants (a) Compensation (1) In general The MFA may appoint and fix the compensation of such officers, attorneys, economists, examiners, and other employees as may be necessary for carrying out its functions. The MFA shall appoint a Chief Risk Officer not later than 90 days after the date of the appointment of the Director. (2) Rates of pay Rates of basic pay for all employees of the MFA may be set and adjusted by the MFA without regard to the provisions of chapter 51 or subchapter III of chapter 53 (3) Parity The MFA may provide additional compensation and benefits to employees of the MFA, if the same type of compensation or benefits are then being provided by any agency referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1833b (b) Detail of government employees Upon request of the Director, any Federal Government employee may be detailed to the MFA or the Board of Directors without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (c) Experts and consultants The Director shall procure the services of experts and consultants as the Director considers necessary or appropriate. III Duties and responsibilities of the MFA 301. MFA responsibilities The MFA is authorized— (1) to guarantee securities issued by qualified issuers and collateralized by pools of qualified residential mortgages in order to provide a dependable, transparent, and liquid market for high quality mortgages for securitization; (2) to guarantee securities issued by qualified issuers and collateralized by pools of qualified multifamily mortgages, in order to provide a dependable, transparent, and liquid market for high quality multifamily mortgages for securitization; (3) to charge and collect a guarantee fee sufficient to protect the MFA and the United States Treasury from the risks of guaranteeing the timely payment of principal and interest on qualified mortgage-backed securities; (4) to establish and maintain a Catastrophic Fund to minimize the burden on the Federal Government, by setting aside amounts that will be available solely to pay obligations under the MFA guarantee in the event of any future mortgage market collapse; and (5) to purchase supplemental insurance coverage, as provided in section 303(d). 302. MFA Guarantee business (a) In general The MFA shall guarantee the timely payment of principal and interest to holders of qualified mortgage-backed securities. In the event of a payment default on a mortgage that collateralizes a qualified mortgage-backed security, the MFA guarantee shall cover any shortfalls to security holders after giving effect to proceeds, if any, from liquidation of the property securing the mortgage and from claims paid pursuant to any private mortgage insurance coverage (including supplemental insurance coverage, if any). The MFA guarantee of timely payment of principal and interest on qualified mortgage-backed securities shall be backed by the full faith and credit of the United States Government. The MFA shall charge a fee for such guarantee in accordance with section 303. (b) Qualified Residential Mortgages and Qualified Multifamily Mortgages The MFA shall issue guidelines consistent with this Act specifying the terms and conditions of mortgages that satisfy— (1) the definition of a qualified residential mortgage, not later than 6 months after the date of confirmation of the Director; and (2) the definition of a qualified multifamily mortgage, not later than 1 year after the date of confirmation of the Director. (c) Guidelines (1) In general Not later than 12 months after the date of confirmation of the Director, the MFA shall issue guidelines designed to oversee the financial condition and origination and servicing standards of qualified issuers and servicers of qualified residential mortgages and qualified multifamily mortgages that collateralize qualified mortgage-backed securities. (2) Inclusions Guidelines issued under this subsection shall— (A) include specific financial and operational standards for such qualified issuers and such servicers; and (B) ensure— (i) broad participation in the issuance of qualified mortgage-backed securities by community banks, credit unions, national banks, and State-licensed mortgage lenders; (ii) that qualified issuers bear the risk of noncompliance with representations and warranties made in connection with the issuance of qualified mortgage-backed securities; and (iii) that qualified issuers have the financial resources to support any obligations arising from any violations of representations and warranties made in connection with the issuance of qualified mortgage-backed securities. (d) Limitations (1) Qualified residential mortgage loan limits The MFA shall set loan limits for qualified residential mortgages that secure qualified mortgage-backed securities. Such loan limits shall be calculated and set annually, on a county-by-county basis, at an amount equal to not more than 150 percent of the area median home price for the preceding year, and not less than the national median home price for such year, in each case calculated using home price data compiled by the FHFA or, if the FHFA no longer compiles such data, by the MFA. In no event shall the loan limits in effect under this section in any county be lower than amounts applicable to single family mortgages insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.) in such county. (2) Qualified multifamily mortgage loan limits The MFA, in consultation with the Board of Directors, shall consider setting loan limits for qualified multifamily mortgages that secure qualified mortgage-backed securities, if such limits would foster competition between the MFA and private issuers in advance of the privatization of the MFA. (3) Prohibition on investment portfolio The MFA shall not invest in mortgage-backed securities or otherwise maintain an investment portfolio, other than to the extent necessary for the MFA to carry out its responsibilities as guarantor of qualified mortgage-backed securities. 303. Guarantee fees; catastrophic fund; supplemental insurance (a) Guarantee Fees (1) Guarantee Fees The MFA shall charge a guarantee fee under this section in connection with any guarantee issued by the MFA of timely payment of principal and interest on the qualified mortgage-backed securities. At all times, the guarantee fee shall be set at an equal amount for all qualified issuers. The amount of the guarantee fee shall be adjusted periodically, as necessary to fulfill the purposes described in paragraph (2). (2) Purposes The purposes of the guarantee fees are— (A) to fund the operations of the MFA; (B) to capitalize the Catastrophic Fund; (C) to cover any losses; and (D) to purchase supplemental insurance coverage, as provided in subsection (d). (3) Approval The Board of Directors shall approve the amount of guarantee fees and any adjustments thereto, and shall determine the percentage of the guarantee fees, if any, that will be allocated to the Catastrophic Fund in accordance with subsection (b). Such percentage may be adjusted by the Board of Directors semiannually, as necessary to ensure that the Catastrophic Fund is adequately capitalized. (b) Creation of Catastrophic Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Catastrophic Fund (A) maintain and administer; (B) use to carry out its insurance and guarantee functions, in the manner provided by this Act; and (C) invest in accordance with subsection (c). (2) Deposits The Catastrophic Fund shall be credited with— (A) the amount of guarantee fees, if any, that the Board of Directors determines should be allocated to the Catastrophic Fund to protect against catastrophic losses; (B) any amounts earned on investments of the Catastrophic Fund, other than as needed in connection with the routine operation of the guarantee business; and (C) such other amounts as may otherwise be credited to the Catastrophic Fund by the Board of Directors. (3) Uses The Catastrophic Fund shall be solely available to the MFA for use by the MFA to satisfy obligations under its guarantee in accordance with this Act. Amounts remaining in the Catastrophic Fund following the repayment of all qualified mortgage-backed securities shall be distributed to the United States Treasury in accordance with section 102(c). (c) Actuarial review Beginning 1 year after the date on which the MFA becomes fully operational, and each year thereafter, the Board of Directors shall commission an independent actuarial study to determine the adequacy of the guarantee fees and of the capitalization of the Catastrophic Fund, the results of which study shall be made available to the public by the Board of Directors. The Board of Directors shall rely on such study to determine the amount of the guarantee fee that shall be charged and the percentage of the guarantee fees that shall be allocated to the Catastrophic Fund. (d) Investments (1) Authority Amounts in the Catastrophic Fund that are not otherwise employed shall be invested in obligations of the United States or in obligations guaranteed as to principal and interest by the United States. (2) Limitation The MFA may not sell or purchase any obligations described in paragraph (1) for its own account, at any one time aggregating in excess of $1,000,000, without the approval of the Secretary. The Secretary may approve a transaction or class of transactions subject to the provisions of this paragraph under such conditions as the Secretary may determine. (e) Supplemental coverage (1) In general The MFA may use a portion of the guarantee fee to purchase supplemental insurance coverage on offerings of qualified mortgage-backed securities. The guarantee fee shall be set in an amount that is sufficient to cover the cost of such supplemental insurance, in addition to the other purposes set forth in subsection (a)(2). The supplemental insurance shall insure against losses, if any, after giving effect to the primary, first loss mortgage insurance coverage on mortgages collateralizing the mortgage-backed securities. (2) Reduced exposure The supplemental insurance shall be structured to further reduce the exposure of the United States Government to losses arising under its guarantee on qualified mortgage-backed securities that are covered by supplemental insurance. Separate insurance coverage shall be provided for each new offering of qualified mortgage-backed securities. (3) Purchase of supplemental coverage required (A) In general Not later than 1 year after the MFA certification date, the Board of Directors shall issue guidelines to determine whether supplemental coverage— (i) is being offered on commercially reasonable terms; and (ii) is reasonably likely to mitigate the risk that the MFA will have to make any payment pursuant to its guarantee. (B) Coverage required Beginning not later than 3 years after the MFA certification date, the MFA shall purchase supplemental coverage for each offering of qualified mortgage-backed securities if the MFA determines that the supplemental coverage meets the guidelines issued by the Board of Directors under subparagraph (A). (4) Authority to purchase supplemental coverage The MFA may purchase supplemental coverage from any mortgage insurance company authorized to provide mortgage insurance on a qualified residential mortgage, or from any other licensed insurance company with comparable regulatory oversight, capital, and reserve requirements. 304. No limit on private sector involvement; termination of authority (a) Private entities encouraged Nothing in this Act shall be construed as preventing the private sector from securitizing qualified residential mortgages, qualified multifamily mortgages, or other non-qualified residential single family or multifamily mortgages. The MFA shall encourage robust competition between the MFA and private issuers to facilitate the soonest possible privatization of the MFA. (b) Termination of authority The authority granted to the MFA under this Act shall expire 10 years after the date of enactment of this Act, and the MFA shall be terminated on that date. The MFA, in consultation with the Board of Directors, shall begin planning for such termination during the third year following the date of enactment of this Act. (c) Periodic Reports on Privatization (1) Initial report During the fifth year following the date of enactment of this Act, the MFA shall present to Congress a detailed plan for privatization of the MFA upon termination of its authority in accordance with subsection (b). (2) Regular reports To ensure the transfer to privatization, the MFA shall report to Congress on the implementation of the detailed plan for privatization submitted under paragraph (1)— (A) annually through the seventh year following the date of enactment of this Act; and (B) quarterly, beginning in the eighth year following the date of enactment of this Act. IV Conforming amendments 401. Amendments to Dodd-Frank Act Section 15G of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–11 (1) in subsection (a)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: (3) the term qualified residential mortgage ; and (2) by adding at the end the following: (j) Exemption for qualified mortgage-Backed securities Qualified mortgage-backed securities, as defined in section 2 of the Mortgage Finance Act of 2013, and any other securitizations of qualified residential mortgages, shall be exempt from the risk retention provisions of subsection (c)(1)(B)(i). . 402. Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (a) Definitions Section 1303(20) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502(20) means— (C) any means any (b) Transfer of functions All functions of the FHFA with respect to the enterprises, as that term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502

Mortgage Finance Act of 2013

Coast Guard STRONG Act - Directs the Secretary concerned (under current law, the Secretaries of the military departments) to issue regulations to ensure the timely determination of a request for a permanent change of station or unit transfer by a member of the Armed Forces who is the victim of a sexual assault or related offense (thereby including the Coast Guard within such requirement).

113 S1050 IS: Coast Guard STRONG Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1050 IN THE SENATE OF THE UNITED STATES May 23, 2013 Ms. Collins Mrs. McCaskill Mr. Blunt Mr. Blumenthal Ms. Murkowski Mr. Begich Mr. Cochran Mr. Johanns Ms. Ayotte Mrs. Gillibrand Ms. Klobuchar Committee on Commerce, Science, and Transportation A BILL To amend title 10, United States Code, to ensure the issuance of regulations applicable to the Coast Guard regarding consideration of a request for a permanent change of station or unit transfer submitted by a member of the Coast Guard who is the victim of a sexual assault. 1. Short title This Act may be cited as the Coast Guard STRONG Act 2. Issuance of regulations applicable to the Coast Guard regarding consideration of request for permanent change of station or unit transfer by victim of sexual assault Section 673(b) of title 10, United States Code, is amended by striking The Secretaries of the military departments The Secretary concerned

Coast Guard STRONG Act

Hospice Evaluation and Legitimate Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to the face-to-face encounter framework in hospice care. Allows a clinical nurse specialist, physician assistant, or other health professional (in addition to a hospice physician or a nurse practitioner, as under current law) to conduct the face-to-face encounter with the individual to determine continued eligibility for hospice care before the first 60-day (currently 180-day) recertification period and each subsequent recertification. Directs the Secretary of Health and Human Services (HHS) to establish a Medicare Hospital Payment Reform demonstration program to test any revisions to the methodology for determining payment rates for routine home care and other hospice care services. Sets at every three years the frequency of surveys of certified hospice programs.

113 S1053 IS: Hospice Evaluation and Legitimate Payment Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1053 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Wyden Mr. Roberts Committee on Finance A BILL To amend title XVIII of the Social Security Act to strengthen and protect Medicare hospice programs. 1. Short title This Act may be cited as the Hospice Evaluation and Legitimate Payment Act of 2013 2. Ensuring timely access to hospice care (a) In general Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)) is amended to read as follows: (i) a hospice physician, nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in section 1861(aa)(5)), or other health professional (as designated by the Secretary), has a face-to-face encounter with the individual to determine continued eligibility of the individual for hospice care prior to the first 60-day period and each subsequent recertification under subparagraph (A)(ii) (or, in the case where a hospice program newly admits an individual who would be entering their first 60-day period or a subsequent hospice benefit period or where exceptional circumstances, as defined by the Secretary, may prevent a face-to-face encounter prior to the beginning of the hospice benefit period, not later than 7 calendar days after the individual’s election under section 1812(d)(1) with respect to the hospice program) and attests that such visit took place (in accordance with procedures established by the Secretary); and . (b) Effective date The amendment made by subsection (a) takes effect on January 1, 2014, and applies to hospice care furnished on or after such date. 3. Restoring and protecting the Medicare hospice benefit (a) In general Section 1814(i) of the Social Security Act (42 U.S.C. 1395f(i)) is amended— (1) in paragraph (6)— (A) in subparagraph (D)— (i) in clause (i)— (I) in the first sentence, by striking not earlier than October 1, 2013, the Secretary shall, by regulation, subject to clause (iii), not earlier than the later of 2 years after the demonstration program under subparagraph (F) is completed or October 1, 2017, the Secretary shall, by regulation, preceded by a notice of the proposed regulation in the Federal Register and a period for public comment in accordance with section 1871(b)(1), (II) in the second sentence, by inserting and shall take into account the results of the evaluation conducted under subparagraph (F)(ii) (ii) by adding at the end the following new clause: (iii) The Secretary shall implement the revisions in payment pursuant to clause (i) unless the Secretary determines that the demonstration program under subparagraph (F) demonstrated that such revisions would adversely affect access to quality hospice care by beneficiaries under this title. ; and (B) by adding at the end the following new subparagraph: (F) Hospice payment reform demonstration program (i) Establishment of demonstration program (I) In general Before implementing any revisions to the methodology for determining the payment rates for routine home care and other services included in hospice care under subparagraph (D), the Secretary shall establish a Medicare Hospice Payment Reform demonstration program (in this subparagraph referred to as the demonstration program (II) Duration The demonstration program shall be conducted for a 2-year period beginning on or after October 1, 2013. (III) Scope Any certified hospice program may apply to participate in the demonstration program and the Secretary shall select not more than 15 such hospice programs to participate in the demonstration program. (IV) Representative participation Hospice programs selected under subclause (III) to participate in the demonstration program shall include a representative cross-section of hospice programs throughout the United States, including programs located in urban and rural areas. (ii) Evaluation and report (I) Evaluation The Secretary shall conduct an evaluation of the demonstration program. Such evaluation shall include an analysis of whether the use of the revised payment methodology under the demonstration program has improved the quality of patient care and access to hospice care for beneficiaries under this title and the impact of such payment revisions on hospice care providers, including the impact, if any, on the ability of hospice programs to furnish quality care to beneficiaries under this title. (II) Report Not later than 2 years after the completion of the demonstration program, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under subclause (I), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (iii) Budget neutrality With respect to the 2-year period of the demonstration program, the Secretary shall ensure that revisions in payment implemented as part of the demonstration program shall result in the same estimated amount of aggregate payments under this title for hospice care for the programs participating in the demonstration as would have been made if the hospice programs had not participated in the demonstration program. . 4. Hospice survey requirement Section 1861(dd)(4) of the Social Security Act ( 42 U.S.C. 1395x(dd)(4) (C) Any entity that is certified as a hospice program shall be subject to a standard survey by an appropriate State or local survey agency, or an approved accreditation agency, as determined by the Secretary, not less frequently than once every 36 months beginning 6 months after the date of the enactment of this subparagraph. .

Hospice Evaluation and Legitimate Payment Act of 2013

Gold Butte National Conservation Area Act - Establishes the Gold Butte National Conservation Area in Nevada. Establishes the Gold Butte National Conservation Area Advisory Council. Designates specified wilderness areas administered by the National Park Service (NPS) or the Bureau of Land Management (BLM) in Clark County, Nevada, as wilderness and as components of the National Wilderness Preservation System. Authorizes the Secretary, through the BLM, to establish a visitor center and field office in Mesquite, Nevada, to assist in fulfilling the purposes of the Lake Mead National Recreation Area, the Grand Canyon-Parashant National Monument, and the Conservation Area. States that the withdrawal of specified parcels of BLM lands for use by the Bureau of Reclamation is terminated. Requires the Conservation Area and the wilderness areas designated by this Act to be administered as components of the National Landscape Conservation System.

113 S1054 IS: Gold Butte National Conservation Area Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1054 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Reid Committee on Energy and Natural Resources A BILL To establish the Gold Butte National Conservation Area in Clark County, Nevada in order to conserve, protect, and enhance the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the area, to designate wilderness areas, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Gold Butte National Conservation Area Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Gold Butte National Conservation Area Sec. 101. Establishment of Gold Butte National Conservation Area. Sec. 102. Management of Conservation Area. Sec. 103. General provisions. Sec. 104. Gold Butte National Conservation Area Advisory Council. TITLE II—Designation of wilderness areas in Clark County, Nevada Sec. 201. Findings. Sec. 202. Additions to National Wilderness Preservation System. Sec. 203. Administration. Sec. 204. Adjacent management. Sec. 205. Military, law enforcement, and emergency overflights. Sec. 206. Release of wilderness study areas. Sec. 207. Native American cultural and religious uses. Sec. 208. Wildlife management. Sec. 209. Wildfire, insect, and disease management. Sec. 210. Climatological data collection. Sec. 211. National Park System land. TITLE III—General provisions Sec. 301. Relationship to Clark County Multi-Species Habitat Conservation Plan. Sec. 302. Visitor center, research, and interpretation. Sec. 303. Termination of withdrawal of Bureau of Land Management land. 2. Findings Congress finds that— (1) the public land in southeastern Nevada generally known as Gold Butte (A) scenic values; (B) natural resources, including critical habitat, sensitive species, wildlife, desert tortoise habitat, and geology; (C) historic resources, including historic mining, ranching and other western cultures, and pioneer activities; and (D) cultural resources, including evidence of prehistoric habitation and rock art; (2) Gold Butte has become a destination for diverse recreation opportunities, including camping, hiking, hunting, motorized recreation, and sightseeing; (3) Gold Butte draws visitors from throughout the United States; (4) Gold Butte provides important economic benefits to Mesquite and other nearby communities; (5) inclusion of the Gold Butte National Conservation Area in the National Landscape Conservation System would provide increased opportunities for— (A) interpretation of the diverse values of the area for the visiting public; and (B) education and community outreach in the region; and (6) designation of Gold Butte as a National Conservation Area will permanently protect the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources within the area. 3. Definitions In this Act: (1) Advisory council The term Advisory Council (2) Conservation area The term Conservation Area (3) County The term County (4) Designated route The term designated route (5) Management plan The term management plan (6) Map The term Map Gold Butte National Conservation Area (7) Public land The term public land public lands 43 U.S.C. 1702 (8) Secretary The term Secretary (9) State The term State (10) Wilderness area The term wilderness area I Gold Butte National Conservation Area 101. Establishment of Gold Butte National Conservation Area (a) Establishment There is established the Gold Butte National Conservation Area in the State. (b) Area included The Conservation Area shall consist of approximately 348,515 acres of public land administered by the Bureau of Land Management in the County, as generally depicted on the Map. (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Conservation Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the National Park Service. 102. Management of Conservation Area (a) Purposes In accordance with this title, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (b) Management plan (1) Plan required Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection and management of the Conservation Area. (2) Consultation The Secretary shall prepare the management plan in consultation with the State, local and tribal government entities, the Advisory Council, and the public. (3) Requirements The management plan shall— (A) describe the appropriate uses and management of the Conservation Area; and (B) include a recommendation on interpretive and educational materials regarding the cultural and biological resources of the region within which the Conservation Area is located. (4) Incorporation of route designations The management plan shall incorporate the decisions in the Route Designations for Selected Areas of Critical Environmental Concern Located in the Northeast Portion of the Las Vegas BLM District Environmental Assessment, NV–052–2006–0433. (c) Uses The Secretary shall allow only such uses of the Conservation Area that the Secretary determines would further the purpose of the Conservation Area described in subsection (a). (d) Incorporation of acquired land and interests Any land or interests in land located within the boundary of the Conservation Area that is acquired by the United States after the date of enactment of this Act shall become part of the Conservation Area and be managed as provided in subsection (a). (e) Motorized vehicles (1) In general Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles shall be permitted only on designated routes. (2) Monitoring and evaluation The Secretary shall annually— (A) assess the effects of the use of motorized vehicles on designated routes; and (B) in consultation with the Nevada Department of Wildlife, assess the effects of designated routes on wildlife and wildlife habitat to minimize environmental impacts and prevent damage to cultural and historical resources from the use of designated routes. (3) Management (A) In general The Secretary shall manage designated routes in a manner that— (i) is consistent with motorized and mechanized use of the designated routes that is authorized on the date of the enactment of this Act; (ii) ensures the safety of the people that use the designated routes; (iii) does not damage sensitive habitat or cultural or historical resources; and (iv) provides for adaptive management of resources and restoration of damaged habitat or resources. (B) Rerouting (i) In general A designated route may be temporarily closed or rerouted if the Secretary, in consultation with the State, the County, and the Advisory Council, subject to subparagraph (C), determines that— (I) the designated route is having an adverse impact on— (aa) sensitive habitat; (bb) natural resources; (cc) cultural resources; or (dd) historical resources; (II) the designated route threatens public safety; (III) temporary closure of the designated route is necessary to repair— (aa) the designated route; or (bb) resource damage; or (IV) modification of the designated route would not significantly affect access within the Conservation Area. (ii) Priority If the Secretary determines that the rerouting of a designated route is necessary under clause (i), the Secretary may give priority to existing roads designated as closed. (iii) Duration A designated route that is temporarily closed under clause (i) shall remain closed only until the date on which the resource or public safety issue that led to the temporary closure has been resolved. (C) Notice The Secretary shall provide information to the public regarding any designated routes that are open, have been rerouted, or are temporarily closed through— (i) use of appropriate signage within the Conservation Area; and (ii) the distribution of maps, safety education materials, law enforcement, and other information considered to be appropriate by the Secretary. (4) No effect on non-Federal land or interests in non-Federal land Nothing in this section affects ownership, management, or other rights relating to non-Federal land or interests in non-Federal land. (5) Map on file The Secretary shall keep a current map on file at the appropriate offices of the Bureau of Land Management. (6) Road construction Except as necessary for administrative purposes or to respond to an emergency, the Secretary shall not construct any permanent or temporary road within the Conservation Area after the date of enactment of this Act. (f) National landscape conservation system The Conservation Area shall be administered as a component of the National Landscape Conservation System. (g) Hunting, fishing, and trapping Nothing in this title affects the jurisdiction of the State with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area. 103. General provisions (a) No buffer zones (1) In general The establishment of the Conservation Area shall not create an express or implied protective perimeter or buffer zone around the Conservation Area. (2) Private land If the use of, or conduct of an activity on, private land that shares a boundary with the Conservation Area is consistent with applicable law, nothing in this title concerning the establishment of the Conservation Area prohibits or limits the use or conduct of the activity. (b) Withdrawals Subject to valid existing rights, all public land within the Conservation Area, including any land or interest in land that is acquired by the United States within the Conservation Area after the date of enactment of this Act, is withdrawn from— (1) entry, appropriation or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (c) Special management areas (1) In general The establishment of the Conservation Area shall not affect the management status of any area within the boundary of the Conservation Area that is protected under the Clark County Multi-Species Habitat Conservation Plan. (2) Conflict of laws If there is a conflict between the laws applicable to an area described in paragraph (1) and this title, the more restrictive provision shall control. 104. Gold Butte National Conservation Area Advisory Council (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the Gold Butte National Conservation Area Advisory Council (b) Duties The Advisory Council shall advise the Secretary with respect to the preparation and implementation of the management plan. (c) Applicable law The Advisory Council shall be subject to— (1) the Federal Advisory Committee Act (5 U.S.C. App.); and (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (d) Members (1) In general The Advisory Council shall include 13 members to be appointed by the Secretary, of whom, to the extent practicable— (A) 4 members shall be appointed after considering the recommendations of the Mesquite, Nevada, City Council; (B) 1 member shall be appointed after considering the recommendations of the Bunkerville, Nevada, Town Advisory Board; (C) 1 member shall be appointed after considering the recommendations of the Moapa Valley, Nevada, Town Advisory Board; (D) 1 member shall be appointed after considering the recommendations of the Moapa, Nevada, Town Advisory Board; (E) 1 member shall be appointed after considering the recommendations of the Moapa Band of Paiutes Tribal Council; and (F) 5 at-large members from the County shall be appointed after considering the recommendations of the County Commission. (2) Special appointment considerations The at-large members appointed under paragraph (1)(F) shall have backgrounds that reflect— (A) the purposes for which the Conservation Area was established; and (B) the interests of persons affected by the planning and management of the Conservation Area. (3) Representation The Secretary shall ensure that the membership of the Advisory Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Advisory Council. (4) Initial appointment Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the Advisory Council in accordance with paragraph (1). (e) Duties of the advisory council The Advisory Council shall advise the Secretary with respect to the preparation and implementation of the management plan, including budgetary matters relating to the Conservation Area. (f) Compensation Members of the Advisory Council shall receive no compensation for serving on the Advisory Council. (g) Chairperson (1) In general The Advisory Council shall elect a Chairperson from among the members of the Advisory Council. (2) Term The term of the Chairperson shall be 3 years. (h) Term of members (1) In general The term of a member of the Advisory Council shall be 3 years. (2) Successors Notwithstanding the expiration of a 3-year term of a member of the Advisory Council, a member may continue to serve on the Advisory Council until a successor is appointed. (i) Vacancies (1) In general A vacancy on the Advisory Council shall be filled in the same manner in which the original appointment was made. (2) Appointment for remainder of term A member appointed to fill a vacancy on the Advisory Council shall serve for the remainder of the term for which the predecessor was appointed. (j) Termination The Advisory Council shall terminate not later than 3 years after the date on which the final version of the management plan is published. II Designation of wilderness areas in Clark County, Nevada 201. Findings Congress finds that— (1) public land administered by the Bureau of Land Management, Bureau of Reclamation, and National Park Service in the County contains unique and spectacular natural, cultural, and historical resources, including— (A) priceless habitat for numerous species of plants and wildlife; (B) thousands of acres of land that remain in a natural state; and (C) numerous sites containing significant cultural and historical artifacts; and (2) continued preservation of the public land would benefit the County and all of the United States by— (A) ensuring the conservation of ecologically diverse habitat; (B) protecting prehistoric cultural resources; (C) conserving primitive recreational resources; and (D) protecting air and water quality. 202. Additions to National Wilderness Preservation System (a) Additions In furtherance of the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) Virgin peak wilderness Certain public land managed by the Bureau of Land Management, comprising approximately 18,296 acres, as generally depicted on the Map, which shall be known as the Virgin Peak Wilderness (2) Black ridge wilderness Certain public land managed by the Bureau of Land Management, comprising approximately 18,192 acres, as generally depicted on the Map, which shall be known as the Black Ridge Wilderness (3) Bitter ridge north wilderness Certain public land managed by the Bureau of Land Management comprising approximately 15,114 acres, as generally depicted on the Map, which shall be known as the Bitter Ridge North Wilderness (4) Bitter ridge south wilderness Certain public land managed by the Bureau of Land Management, comprising approximately 12,646 acres, as generally depicted on the Map, which shall be known as the Bitter Ridge Wilderness (5) Billy goat peak wilderness Certain public land managed by the Bureau of Land Management, comprising approximately 30,460 acres, as generally depicted on the Map, which shall be known as the Billy Goat Peak Wilderness (6) Million hills wilderness Certain public land managed by the Bureau of Land Management, comprising approximately 24,818 acres, as generally depicted on the Map, which shall be known as the Million Hills Wilderness (7) Overton wilderness Certain Federal land within the Lake Mead National Recreation Area, comprising approximately 23,227 acres, as generally depicted on the Map, which shall be known as the Overton Wilderness (8) Twin springs wilderness Certain Federal land within the Lake Mead National Recreation Area, comprising approximately 9,684 acres, as generally depicted on the Map, which shall be known as the Twin Springs Wilderness (9) Scanlon wash wilderness Certain Federal land within the Lake Mead National Recreation Area, comprising approximately 22,826 acres, as generally depicted on the Map, which shall be known as the Scanlon Wash Wilderness (10) Hiller mountains wilderness Certain Federal land within the Lake Mead National Recreation Area, comprising approximately 14,832 acres, as generally depicted on the Map, which shall be known as the Hiller Mountains Wilderness (11) Hell's kitchen wilderness Certain Federal land within the Lake Mead National Recreation Area, comprising approximately 12,439 acres, as generally depicted on the Map, which shall be known as the Hell's Kitchen Wilderness (12) Indian hills wilderness Certain Federal land within the Lake Mead National Recreation Area, comprising approximately 8,955 acres, as generally depicted on the Map, which shall be known as the Indian Hills Wilderness (13) Lime canyon wilderness additions Certain public land managed by the Bureau of Land Management, comprising approximately 10,069 acres, as generally depicted on the Map, which is incorporated in, and shall be managed as part of, the Lime Canyon Wilderness Public Law 107–282 (b) National landscape conservation system The wilderness areas administered by the Bureau of Land Management shall be administered as components of the National Landscape Conservation System. (c) Road offset The boundary of any portion of a wilderness area that is bordered by a road shall be at least 100 feet away from the centerline of the road so as not to interfere with public access. (d) Lake offset The boundary of any portion of a wilderness area that is bordered by Lake Mead or the Colorado River shall be 300 feet inland from the high water line. (e) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect Each map and legal description under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map or legal description. (3) Availability Each map and legal description under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the National Park Service. 203. Administration (a) Management Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (1) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Incorporation of acquired land and interests Any land or interest in land within the boundaries of a wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to, and administered as part of, the wilderness area within which the acquired land or interest is located. (c) Water rights (1) Findings Congress finds that— (A) the land designated as a wilderness area— (i) is within the Mojave Desert; (ii) is arid in nature; and (iii) includes ephemeral streams; (B) the hydrology of the land designated as a wilderness area is locally characterized by complex flow patterns and alluvial fans with impermanent channels; (C) the subsurface hydrogeology of the region within which the land designated as a wilderness area is located is characterized by ground water subject to local and regional flow gradients and artesian aquifers; (D) the land designated as a wilderness area is generally not suitable for use or development of new water resource facilities; (E) there are no actual or proposed water resource facilities and no opportunities for diversion, storage, or other uses of water occurring outside the land designated as a wilderness area that would adversely affect the wilderness or other values of the land; and (F) because of the unique nature and hydrology of the desert land designated as a wilderness area and the existence of the Clark County Multi-Species Habitat Conservation Plan, it is possible to provide for proper management and protection of the wilderness, perennial springs, and other values of the land in ways different than the methods used in other laws. (2) Statutory construction (A) No reservation Nothing in this title constitutes an express or implied reservation by the United States of any water or water rights with respect to the land designated as a wilderness area. (B) State rights Nothing in this title affects any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States. (C) No precedent Nothing in this subsection establishes a precedent with regard to any future wilderness designations. (D) No effect on compacts Nothing in this title limits, alters, modifies, or amends any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States. (E) Clark county multi-species habitat conservation plan Nothing in this title limits, alters, modifies, or amends the Clark County Multi-Species Habitat Conservation Plan with respect to the land designated as a wilderness area, including specific management actions for the conservation of perennial springs. (3) Nevada water law The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the land designated as a wilderness area. (4) New projects (A) Definition (i) In general In this paragraph, the term water resource facility (ii) Exclusion In this paragraph, the term water resource facility (B) No licenses or permits Except as otherwise provided in this title, on and after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the land designated as a wilderness area. (d) Withdrawal Subject to valid existing rights, any Federal land within the wilderness areas, including any land or interest in land that is acquired by the United States within the Conservation Area after the date of enactment of this Act, is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 204. Adjacent management (a) No buffer zones Congress does not intend for the designation of land as wilderness areas to lead to the creation of protective perimeters or buffer zones around the wilderness areas. (b) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. 205. Military, law enforcement, and emergency overflights Nothing in this Act restricts or precludes— (1) low-level overflights of military, law enforcement, or emergency medical services aircraft over the area designated as wilderness by this Act, including military, law enforcement, or emergency medical services overflights that can be seen or heard within the wilderness area; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military, law enforcement, or emergency medical services flight training routes, over the wilderness area. 206. Release of wilderness study areas (a) Finding Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 (b) Release Any Bureau of Land Management land described in subsection (a) that is not designated as a wilderness area— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (2) shall be managed in accordance with— (A) the land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 (B) cooperative conservation agreements in existence on the date of enactment of this Act; and (3) shall be subject to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. 207. Native American cultural and religious uses Nothing in this title diminishes— (1) the rights of any Indian tribe; or (2) tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities. 208. Wildlife management (a) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) (b) Management activities (1) In general In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. (A) are consistent with relevant wilderness management plans; and (B) are carried out in accordance with appropriate policies, such as those set forth in Appendix B of House Report 101–405. (2) Use of motorized vehicles The management activities under paragraph (1) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would— (A) promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values; and (B) accomplish the purposes described in subparagraph (A) with the minimum impact necessary to reasonably accomplish the task. (c) Existing activities Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (d) Wildlife water development projects Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas if— (1) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable and more naturally distributed wildlife populations; and (2) the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized. (e) Hunting, fishing, and trapping (1) In general The Secretary may designate, by regulation, areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas. (2) Consultation Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under paragraph (1). (f) Cooperative agreement The State, including a designee of the State, may conduct wildlife management activities in the wilderness areas— (1) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9 (2) subject to all applicable laws (including regulations). 209. Wildfire, insect, and disease management (a) In general In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (b) Effect Nothing in this Act precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment) in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) 210. Climatological data collection Subject to such terms and conditions as the Secretary may require, nothing in this title precludes the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas if the facilities and access to the facilities are essential to flood warning, flood control, and water reservoir operation activities. 211. National Park System land To the extent any of the provisions of this title are in conflict with laws (including regulations) or management policies applicable to Federal land within the Lake Mead National Recreation Area designated as a wilderness area, the laws (including regulations) or policies shall control. III General provisions 301. Relationship to Clark County Multi-Species Habitat Conservation Plan (a) In general Nothing in this Act limits, alters, modifies, or amends the Clark County Multi-Species Habitat Conservation Plan with respect to the Conservation Area and the wilderness areas, including the specific management actions contained in the Clark County Multi-Species Habitat Conservation Plan for the conservation of perennial springs. (b) Conservation management areas The Secretary shall credit the Conservation Area and the wilderness areas as Conservation Management Areas, as may be required by the Clark County Multi-Species Habitat Conservation Plan (including amendments to the plan). (c) Management plan In developing the management plan, to the extent consistent with this section, the Secretary may incorporate any provision of the Clark County Multi-Species Habitat Conservation Plan. 302. Visitor center, research, and interpretation (a) In general The Secretary, acting through the Director of the Bureau of Land Management, may establish, in cooperation with any other public or private entities that the Secretary may determine to be appropriate, a visitor center and field office in Mesquite, Nevada— (1) to serve visitors; and (2) to assist in fulfilling the purposes of— (A) the Lake Mead National Recreation Area; (B) the Grand Canyon-Parashant National Monument; and (C) the Conservation Area. (b) Requirements The Secretary shall ensure that the visitor center authorized under subsection (a) is designed— (1) to interpret the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of each of the areas described in that subsection; and (2) to serve as an interagency field office for each of the areas described in that subsection. (c) Cooperative agreements The Secretary may, in a manner consistent with this Act, enter into cooperative agreements with the State, the State of Arizona, and any other appropriate institutions and organizations to carry out the purposes of this section. 303. Termination of withdrawal of Bureau of Land Management land (a) Termination of withdrawal The withdrawal of the parcels of Bureau of Land Management land described in subsection (b) for use by the Bureau of Reclamation is terminated. (b) Description of land The parcels of land referred to in subsection (a) consist of the Bureau of Land Management land identified on the Map as Transfer from BOR to BLM (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the land reverting to the Bureau of Land Management under subsection (a). (2) Minor errors The Secretary may correct any minor error in— (A) the Map; or (B) the legal description. (3) Availability The Map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Bureau of Reclamation.

Gold Butte National Conservation Area Act

National Program for Arts and Technology Act of 2013 - Directs the Secretary of Education to establish and implement a national program for arts and technology that addresses the complex needs of the poor and undereducated by awarding competitive grants to qualified centers (private, nonprofit educational entities) and interested communities to provide: (1) financial support to establish new qualified centers, and (2) management expertise to guide such centers and communities. Prohibits federal funds received under this Act from being used for capital expenditures or endowment gifts. Requires a qualified center or an interested community to match federal contributions.

113 S1055 IS: National Program for Arts and Technology Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1055 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Casey Mr. Brown Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to establish the National Program for Arts and Technology. 1. Short title This Act may be cited as the National Program for Arts and Technology Act of 2013 2. Finding and purposes (a) Finding Congress finds that the National Program for Arts and Technology established under this Act will be one of the first national replication programs in the United States dedicated to addressing the complex needs of the poor and undereducated by improving the sustainability of neighborhoods, communities, and regions. (b) Purposes It is the purpose of this Act to establish the National Program for Arts and Technology to provide competitive grants for qualified centers and interested communities to establish a qualified center that adopts the guidelines set forth by the Secretary, for the purposes of— (1) creating an institution within an environment of poverty where individuals feel and foster a sense of belonging, and are valued and treated with dignity; (2) creating professional jobs for instructors, trainers, artists, administrators, and others; (3) collaborating with Federal agencies, private industry, nonprofit philanthropic organizations, and planning and economic development organizations to leverage other investment dollars on behalf of all stakeholders; (4) assisting business and industry to achieve long-term vitality by ensuring the development of a trained and knowledgeable workforce; (5) coordinating with existing social service entities and nonprofit organizations on developing diverse and equitable communities; (6) developing industry specific job training programs for the under and unemployed that are both affordable and accessible; (7) bridging the gap between education and lifelong learning for poor performing students through the discipline of craftsmanship in the visual arts; and (8) developing complimentary extended day or year programming in partnership with the local public schools to help engage at-risk students by connecting classroom instruction with applied and experiential programming in the arts. 3. Definitions In this Act: (1) Center of Origin The term Center of Origin (2) Interested communities The term interested community (A) Demonstrates to the Secretary financial support from 1 or more of the following: (i) Sectors of government. (ii) Education. (iii) Philanthropy. (iv) Social services. (v) Corporations. (vi) Arts organizations. (B) Convenes an advisory committee comprised of diverse community stakeholders who are committed to creating a qualified center in their community. (C) Has identified potential funding that will be used to secure the Federal matching requirements described in section 4(c). (3) National Program for Arts and Technology The term National Program for Arts and Technology (4) Qualified center The term qualified center (A) Operates under the guidelines and practices established by the National Program for Arts and Technology, in consultation with the Secretary, and— (i) provides education and training to underemployed or unemployed individuals in industry specific job skills; (ii) is accessible to communities and neighborhoods that have limited access to transportation; (iii) compliments the learning of targeted public middle school or high school students who are at-risk of dropping out of school; and (iv) is housed in a facility that has been reclaimed and renovated to sustainable building standards or newly constructed as a highly efficient green space. (B) Has a valid affiliation agreement with the Center of Origin and complies with the following: (i) Meets quarterly performance goals, which may include— (I) students’ school attendance and behavior; (II) retention in programming; (III) meeting and exceeding recruitment and enrollment metrics; (IV) student outcomes and performance in training; and (V) job placement. (ii) Adheres to essential operating conditions, including environment, targeted populations, and educational model. (iii) Participates in professional development opportunities for members of the board, executives, and staff. (5) Secretary The term Secretary 4. Grant program (a) Program authorized From the amounts appropriated to carry out this Act, the Secretary shall establish and implement the National Program for Arts and Technology to award grants, on a competitive basis, to qualified centers and interested communities to— (1) provide financial support to the centers and communities to establish a new qualified center to carry out the purposes described in section 2(b); and (2) provide management expertise to guide the centers and communities through the 3-phase replication protocol developed by the Center of Origin to ensure standardization across all qualified centers as to performance goals and objectives, operating culture, and teaching models. (b) Limitation on Use of funds Federal funds received under this Act may not be used for capital expenditures or endowment gifts. (c) Matching funds required To be eligible to receive a grant under this Act, a qualified center or interested community shall, for each fiscal year for which the grant is received, provide non-Federal contributions (which may include in-kind contributions) toward the amount of the grant in an amount equal to $1 for each $1 of Federal funds provided under the grant. (d) Application and annual report (1) Application (A) In general To be eligible to receive a grant under this Act, a qualified center or interested community shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Content An application submitted under subparagraph (A) shall, at a minimum, contain— (i) a description of activities to be carried out under the grant; (ii) information on specific measurable goals and objectives to be achieved through activities carried out under the grant; (iii) evidence of an affiliation with a local community; and (iv) evidence of a teaching model consistent with the Secretary’s criteria prescribed pursuant to regulations. (2) Annual report (A) In general Each qualified center or interested community receiving a grant under this Act shall submit to the Secretary an annual report at such time, in such manner, and containing such information as the Secretary may require. (B) Content An annual report submitted under subparagraph (A) shall, at a minimum, describe the degree to which progress has been made toward meeting the specific measurable goals and objectives described in the applications submitted under paragraph (1). (e) Authorization of appropriations There is authorized to be appropriated $25,000,000 to carry out this Act for the period of fiscal years 2014 through 2018.

National Program for Arts and Technology Act of 2013

Adoption Tax Credit Refundability Act of 2013 - Amends the Internal Revenue Code to make the tax credit for adoption expenses refundable.

113 S1056 IS: Adoption Tax Credit Refundability Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1056 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Casey Ms. Landrieu Mr. Blunt Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for a refundable adoption tax credit. 1. Short title This Act may be cited as the Adoption Tax Credit Refundability Act of 2013 2. Refundable adoption tax credit (a) Credit made refundable (1) Credit moved to subpart relating to refundable credits The Internal Revenue Code of 1986 is amended— (A) by redesignating section 23 as section 36C, and (B) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Conforming Amendments (A) Section 24(b)(3)(B) of such Code is amended by striking 23, (B) Section 25(e)(1)(C) of such Code is amended by striking 23, (C) Section 25A(i)(5)(B) of such Code is amended by striking 23, 25D, 25D (D) Section 25B(g)(2) of such Code is amended by striking 23, (E) Section 26(a)(1) of such Code is amended by striking 23, (F) Section 30(c)(2)(B)(ii) of such Code is amended by striking 23, 25D, 25D (G) Section 30B(g)(2)(B)(ii) of such Code is amended by striking 23, (H) Section 30D(c)(2)(B)(ii) of such Code is amended by striking sections 23 and section (I) Section 36C of such Code, as so redesignated, is amended— (i) in subsection (b)(2)(A), by striking (determined without regard to subsection (c)) (ii) by striking subsection (c), and (iii) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively. (J) Section 137 of such Code is amended— (i) in subsection (d), by striking section 23(d) section 36C(c) (ii) in subsection (e), by striking subsections (e), (f), and (g) of section 23 subsections (d), (e), and (f) of section 36C (K) Section 904(i) of such Code is amended by striking 23, (L) Section 1016(a)(26) is amended by striking 23(g) 36C(f) (M) Section 1400C(d)(2) of such Code is amended by striking 23, (N) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, 53(e) (O) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code of 1986 is amended by striking the item relating to section 23. (P) Paragraph (2) of section 1324(b) 36C, 36B, (Q) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by this Act, is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Adoption expenses. (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

Adoption Tax Credit Refundability Act of 2013

Safeguarding Privacy and Fostering Aerospace Innovation Act of 2013 - Amends the federal criminal code to make it unlawful for any person to use a civil unmanned aircraft system (drone) to willfully conduct surveillance of another person (targeted person), unless: (1) the person conducting the surveillance obtains prior express written consent of the targeted person, (2) there is an emergency situation in which the life of an individual is threatened, or (3) the targeted person is in a public place where surveillance would not be highly offensive to a reasonable person. Prescribes penalties for violations of these requirements. Requires the owner of a drone to clearly mark it with the owner's name, address, and telephone number.

113 S1057 IS: Safeguarding Privacy and Fostering Aerospace Innovation Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1057 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Udall of Colorado Committee on the Judiciary A BILL To prohibit the use of unmanned aircraft systems by private persons to conduct surveillance of other private persons, and for other purposes. 1. Short title This Act may be cited as the Safeguarding Privacy and Fostering Aerospace Innovation Act of 2013 2. Protection of privacy from surveillance by civil unmanned aircraft systems (a) In general Part I of title 18, United States Code, is amended by inserting after chapter 13 the following: 14 Civil unmanned aircraft systems Sec. 261. Definitions. 262. Prohibition on surveillance using civil unmanned aircraft systems. 263. Identification of civil unmanned aircraft systems. 261. Definitions In this chapter— (1) the term civil unmanned aircraft system (2) the term governmental entity (A) an agency (as defined in section 551 (B) an agency of a State; and (C) an agency of a unit of local government of a State; (3) the term public unmanned aircraft system (4) the term State (5) the term surveillance (6) the term unmanned aircraft system (A) has the meaning given the term in section 331 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 (B) does not include— (i) an unmanned aircraft system used in mapping or resource management; or (ii) a model flying airplane that is used only for sport or recreational purposes. 262. Prohibition on surveillance using civil unmanned aircraft systems (a) Prohibition (1) In general It shall be unlawful for any person to use a civil unmanned aircraft system to willfully conduct surveillance of another person (referred to in this subsection as a targeted person (2) Exceptions Paragraph (1) shall not apply to the use of a civil unmanned aircraft system to conduct surveillance of a targeted person— (A) if the person conducting the surveillance obtains the prior express written consent of the targeted person; (B) in an emergency situation in which the life of an individual is threatened; or (C) if the targeted person is in a place of public use (as defined in section 2332f(e)) where surveillance would not be highly offensive to a reasonable person. (b) Penalties Any person who violates subsection (a)— (1) shall be fined not more than $10,000; and (2) in the case of a second or subsequent violation, shall be fined not more than $15,000. (c) Enforcement Any aggrieved party may in a civil action obtain all appropriate relief to prevent or remedy a violation of subsection (a). 263. Identification of civil unmanned aircraft systems The owner of a civil unmanned aircraft system shall clearly mark the civil unmanned aircraft system with the name, address, and telephone number of the owner. . (b) Technical and conforming amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 13 the following: 14. Civil unmanned aircraft systems 261 . 3. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Safeguarding Privacy and Fostering Aerospace Innovation Act of 2013

Creating a Reliable Environment for Veterans' Dependents Act - Allows services for which a homeless veteran receives a grant under the Department of Veterans Affairs (VA) comprehensive service programs for homeless veterans to include furnishing care for a dependent.

113 S1058 IS: Creating a Reliable Environment for Veterans' Dependents Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1058 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Heller Mrs. Murray Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to authorize per diem payments under comprehensive service programs for homeless veterans to furnish care to dependents of homeless veterans, and for other purposes. 1. Short title This Act may be cited as the Creating a Reliable Environment for Veterans' Dependents Act 2. Authorization of per diem payments for furnishing care to dependents of certain homeless veterans Section 2012(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: (4) Services for which a recipient of a grant under section 2011 of this title (or an entity described in paragraph (1)) may receive per diem payments under this subsection may include furnishing care for a dependent of a homeless veteran who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient (or entity). .

Creating a Reliable Environment for Veterans' Dependents Act

Public Access to Historical Records Act - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish an official dataset on the historical temperature record. Requires NASA to use the raw data related to temperature that is collected by applicable stations and vessels and to quantify the statistical uncertainty of each temperature observation and any subsequent products based on that observation. Requires the gaps that exist in temperature station and temperature reading data to be clearly and fully identified. Creates a panel to assist the Administrator in the establishment of the dataset. Requires the Administrator, at least once every three years, to contract with an appropriate independent entity to perform a verification and validation of the dataset and requires the publication of any algorithms utilized, and any determinations made, in verifying and validating the dataset. Requires persons and entities engaged in global climate research funded by the federal government to use the dataset as a source of data on the historical temperature record. Directs the Secretary of Commerce to provide for the immediate release of: (1) all raw temperature station data from cooperative observers and automated stations collected by the National Climatic Data Center, and (2) an analysis of the differences between raw and final temperature datasets collected by the Center.

113 S106 IS: Public Access to Historical Records Act U.S. Senate 2013-01-23 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 113th CONGRESS 1st Session S. 106 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Vitter Committee on Commerce, Science, and Transportation A BILL To provide for the establishment, on-going validation, and use of an official set of data on the historical temperature record, and for other purposes. 1. Short title This Act may be cited as the Public Access to Historical Records Act 2. Official dataset on historical temperature record (a) Establishment of official dataset by NASA The Administrator of the National Aeronautics and Space Administration shall establish an official dataset on the historical temperature record. (b) Requirements for dataset (1) Use of raw data In establishing the dataset required by this section, the Administrator shall use the raw data relating to temperature collected by each applicable station and vessel and shall, for that purpose, reexamine applicable records collected by such stations and vessels and accurately quantify the statistical uncertainty (including estimates of random and bias errors) of each temperature observation and any subsequent products based on such observation. (2) Clear and full identification of gaps in data In establishing the dataset, the Administrator shall clearly and fully identify each gap that exists in temperature station data and temperature reading data. (3) Fill-in data If in establishing the dataset the Administrator supplies or fills in data to address a gap in temperature station data or temperature reading data, or for any other reason, the Administrator shall— (A) clearly and fully identify the data so supplied or filled in as fill-in data; and (B) clearly and fully explain the rationale for supplying or filling in such data. (c) Panel on use of data for establishment of dataset (1) In general The Administrator shall establish a panel to assist the Administrator in the establishment of the dataset required by this section. (2) Members The panel shall consist of seven individuals appointed by the Administrator from among individuals in the private sector with acknowledged expertise in meteorology and statistics who— (A) do not have a significant financial interest in taking a position on the matter of global climate change; and (B) have not received funding from any department, agency, or entity of the Federal Government for activities relating to global climate research within the past five years. (3) Duties The panel shall assist the Administrator in establishing the dataset required by this section by— (A) determining which land surface, sea surface, and satellite records shall be used in the establishment of the dataset; (B) establishing standards and criteria for determining confidence levels for the interpolation and extrapolation of historical average global temperatures over successive 25-year periods in the past; and (C) establishing a rationale for an average historical global temperature and a means of analysis for assessing the accuracy of such average. (d) Independent verification and validation of dataset (1) In general Not less often than once every three years, the Administrator shall enter into a contract with an appropriate entity that is independent of the Federal Government to perform a verification and validation of the dataset established under this section. (2) Appropriate entities An entity with which the Administrator enters into a contract under this subsection shall be an entity with personnel having the skills and expertise appropriate for the verification or validation (as the case may be) of the dataset, including the following: (A) For the verification, personnel with skills and expertise relating to computer programming and computer software development (including error handling). (B) For the validation, personnel with expertise in statistics and meteorology. (3) Responsibilities In carrying out the verification or validation of the dataset under a contract under this subsection, an entity shall carry out such activities with respect to the dataset as the Administrator shall specify in the contract, including a review of any data interpolation codes for purposes of identifying and eliminating bias. (4) Publication Any algorithms used, and any determinations made, in the verification and validation of the dataset pursuant to this subsection shall be made available to the public. 3. Use of dataset in global climate research (a) Use as sole source of data Upon the completion of the establishment of the dataset on the historical temperature record required by section 2, any person or entity engaged in global climate research that is funded in whole or in part with funds from the Federal Government shall use the dataset as the source of data on the historical temperature record. (b) Use among multiple sources of data In publishing any findings or hypothesis on global climate change, any person or entity engaged in global climate research that is funded in whole or in part with funds from the Federal Government shall use the dataset described in subsection (a) as the primary source, or at least one of the primary sources, for historical global temperatures if such person or entity elects to consider multiple sources of such data. 4. Public release of temperature station data (a) Release of raw data required The Secretary of Commerce shall provide for the immediate release to the public, in unadjusted form, of all raw temperature station data from cooperative observers and automated stations collected by the National Climatic Data Center as of the date of the enactment of this Act. The data shall be released to the public in a digital electronic format. (b) Release of certain analyses The Secretary shall provide for the immediate release to the public of an analysis of the differences between the raw temperature datasets and the final temperature datasets collected and administered by the National Climatic Data Center as of the date of the enactment of this Act. The analysis shall be released to the public in digital numerical tabular form and in graphical form. One such graph shall show the raw temperature dataset line overlain with the final temperature dataset line over time. 5. Accuracy of data processing and data adjustment (a) Data processing (1) Release to public The applicable Federal official shall publish on the Internet website of the agency concerned that is available to the public any coding or other algorithm used by such official in processing data for purposes of complying with the requirements of section 2 or 4, as the case may be, together with a notice of the availability of the review and correction of such coding or algorithm for quality, objectivity, utility, and integrity by such agency pursuant to the administrative mechanisms applicable to such agency under section 515(b)(2)(B) of the Information Quality Act. (2) Review Any request for the correction of coding or other algorithm under paragraph (1) shall be processed in accordance with the guidelines of the Information Quality Act applicable to the agency concerned not later than 30 days after receipt of such request by such agency. (b) Data adjustment (1) Methods to comply with Information Quality Act The applicable Federal official may not use a method for the adjustment of data for purposes of complying with the requirements of section 2 or 4, as the case may be, unless such official ensures and certifies that such method complies with the guidelines of the Information Quality Act, including, but not limited to, requirements as follows: (A) To make available to the public (including through the Internet website of the agency concerned that is available to the public) the computer coding and a detailed explanation of the processes used in such adjustment of data. (B) To make available to the public (including through such Internet website) all peer review comments relating to the data being adjusted and the processes and algorithms used in such adjustment of data. (C) To make available to the public (including through such Internet website) a description of any previous changes in the data being adjusted and of the effect of such changes on trends, averages, and other statistical categories of such data. (D) To cite all applicable studies, reports, and peer reviewed papers using the data being adjusted or any earlier iterations of such data. (E) To use in such adjustment of data only data and adjustment processes and algorithms that are non-proprietary in nature. (F) To require that any agents and contractors relied upon in such adjustment of data are subject to section 552 Freedom of Information Act (2) Availability upon request Not later than 10 days after the date of receipt of a request therefor, the applicable Federal official shall make available the certification with respect to a method for the adjustment of data under paragraph (1), together with a description of such method sufficient to permit independent replication of the adjustment made by such method. (c) Definitions In this section: (1) The term applicable Federal official (A) The Administrator of the National Aeronautics and Space Administration for purposes of actions under section 2. (B) The Secretary of Commerce for purposes of actions under section 4. (2) The term Information Quality Act Public Law 106–554

Public Access to Historical Records Act

Veterans to Paramedics Transition Act - Amends the Public Health Service Act to revise the grant program to improve emergency medical services in rural areas to include as a permissible use of grant funds the provision to military veterans of required coursework and training to enable them to satisfy emergency medical services personnel certification requirements. Requires such coursework and training to take into account, and not be duplicative of, previous medical coursework and training received by such veterans in the Armed Forces.

113 S1060 IS: Veterans to Paramedics Transition Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1060 IN THE SENATE OF THE UNITED STATES May 23, 2013 Ms. Klobuchar Mr. Enzi Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to facilitate emergency medical services personnel training and certification curriculums for military veterans. 1. Short title This Act may be cited as the Veterans to Paramedics Transition Act 2. Grants for Emergency Medical Services Personnel Training for Veterans Section 330J(c) of the Public Health Service Act ( 42 U.S.C. 254c–15(c) (1) in paragraph (7), by striking and (2) in paragraph (8), by striking the period and inserting ; and (3) by adding at the end the following: (9) provide to military veterans required coursework and training that take into account, and are not duplicative of, previous medical coursework and training received when such veterans were active members of the Armed Forces, to enable such veterans to satisfy emergency medical services personnel certification requirements, as determined by the appropriate State regulatory entity. .

Veterans to Paramedics Transition Act

Veterans Access to Care Act - Amends the Public Health Service Act to designate medical facilities of the Department of Veterans Affairs (VA) automatically as health professional shortage areas. Prohibits an individual from participating in both the VA's Health Professionals Education Assistance Program and the National Health Service Corps scholarship or loan repayment programs. Directs the Secretary of Health and Human Services (HHS), in carrying out the National Health Service Corps Program, to consult with the Secretary of Veterans Affairs regarding health professional shortage areas that are VA medical facilities.

113 S1061 IS: Veterans Access to Care Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1061 IN THE SENATE OF THE UNITED STATES May 23, 2013 Ms. Klobuchar Mr. Grassley Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to designate certain medical facilities of the Department of Veterans Affairs as health professional shortage areas, and for other purposes. 1. Short title This Act may be cited as the Veterans Access to Care Act 2. Designation of medical facilities of the Department of Veterans Affairs as health professional shortage areas (a) PHSA Section 332(a)(1) of the Public Health Service Act ( 42 U.S.C. 254e(a)(1) and medical facilities of the Department of Veterans Affairs (including State homes, as defined in section 101(19) ( 42 U.S.C. 1395x(aa) (b) Concurrent benefits (1) Scholarship program Section 338A(b) of the Public Health Service Act ( 42 U.S.C. 254l(b) (A) in paragraph (3), by striking and (B) in paragraph (4), by striking the period and inserting ; and (C) by adding at the end the following new paragraph: (5) not be participating in the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 . (2) Debt reduction program Section 338B(b) of the Public Health Service Act (42 U.S.C. 254l–1(b)) is amended— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period and inserting ; and (C) by adding at the end the following new paragraph: (4) not be participating in the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 . (c) Consultation In carrying out the National Health Service Corps Program under subpart II of part D of title III of the Public Health Service Act ( 42 U.S.C. 254d et seq. (d) Effective date The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

Veterans Access to Care Act

Educator Preparation Reform Act - Amends title II (Teacher Quality Enhancement) of the Higher Education Act of 1965 (HEA) to revise the Teacher Quality Partnership grant program. (The grant program provides funds to partnerships of high-need local educational agencies [LEAs], high-need schools, institutions of higher education [IHEs], and, as applicable, high-need early childhood education programs which are to use the funds for a pre-baccalaureate teacher preparation program, a teaching residency program, or a combination of such programs. Partnerships may also use grant funds for a leadership development program.) Allows grant funds to be used for pre- or post-baccalaureate teacher preparation programs. Allows grant funds to be used for teaching or principal residency programs. Requires principal residency programs to prepare principals for success in the high-need schools in the partnership by engaging residents in rigorous graduate-level coursework to earn an appropriate advanced credential while they undertake a guided principal apprenticeship alongside a trained and experienced mentor principal. Requires principal residents to have prior prekindergarten through grade 12 teaching experience. Provides them with a living stipend or salary during the one-year residency program in exchange for at least three years of service as a principal in a high-need school immediately following their successful completion of the residency program. Replaces the leadership development program with an educator development program that addresses a partnership's need to train and retain educators other than teachers or principals, such as specialized instructional support personnel and other school staff who provide or support instruction. Authorizes a partnership to receive more than one grant during a five-year period if one of the grants is used to establish a teaching or principal residency program that was not established with the prior grant. Applies certain partnership accountability and evaluation requirements to teachers, principals, and other educators. Revises teacher preparation program accountability requirements. Applies them not only to IHEs, but also to other organizations approved by the state to prepare teachers for classrooms. Requires those programs to train prospective teachers to teach diverse populations and core academic subjects. Requires states to: (1) establish a period of improvement and redesign for teacher preparation programs they identify as at-risk, and (2) provide such programs with technical assistance for up to three years before identifying those that fail to make sufficient improvement as low-performing and closing them down. Reauthorizes appropriations for the Teacher Quality Partnership grant program through FY2019. Amends part A (Teacher and Principal Training and Recruiting Fund) of title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the Elementary and Secondary Education Act of 1965 (ESEA) to require states to develop, implement, and publicly disclose their criteria for identifying a teacher preparation program as low-performing or at risk of being identified as such. Requires those criteria to include multiple measures of teacher performance. Replaces the program under subpart 3 (Subgrants to Eligible Partnerships) of part A of title II of the ESEA with a program under which states, directly or through subgrants to certain educational entities, use funds reserved under part A to: (1) provide technical assistance to and close low-performing teacher preparation programs identified under the HEA, and (2) develop a system for assessing the quality and effectiveness of professional development offered throughout the state. Permits states to use such funding, directly or through subgrants: (1) to develop and implement a teacher performance assessment for teacher preparation programs, LEAs, and the state agency responsible for licensing teachers; and (2) for certain professional development activities currently funded under subpart 3. Amends title IV (Student Assistance) of the HEA to prohibit IHEs that offer a teacher preparation program that is projected to close from awarding new TEACH grants. (The TEACH grant program provides tuition assistance to students who commit to teaching a high-need subject in a high-need elementary or secondary school for four years.) Makes students who are completing a postbaccalaureate teacher education program eligible to participate in the TEACH grant program.

113 S1062 IS: Educator Preparation Reform Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1062 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Reed Committee on Health, Education, Labor, and Pensions A BILL To improve quality and accountability for educator preparation programs. 1. Short title This Act may be cited as the Educator Preparation Reform Act I Educator Quality Enhancement 101. Definitions Section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 (1) by striking paragraph (22); (2) by redesignating paragraphs (6), (7), (8) through (19), (20), (21), and (23), as paragraphs (7), (8), (10) through (21), (23), (24), and (28), respectively; (3) by inserting after paragraph (5) the following: (6) Educator The term educator ; (4) by inserting after paragraph (8), as redesignated by paragraph (2), the following: (9) Evidence of student learning The term evidence of student learning (A) Valid and reliable student assessment data, which may include data— (i) based on— (I) student learning gains on State student academic assessments under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965; or (II) student academic achievement assessments used at the national, State, or school district levels, where available and appropriate for the curriculum and students taught; (ii) from classroom-based formative assessments; (iii) from classroom-based summative assessments; and (iv) from objective performance-based assessments. (B) Not less than 1 of the following additional measures: (i) Student work, including measures of performance criteria and evidence of student growth. (ii) Teacher-generated information about student goals and growth. (iii) Parental feedback about student goals and growth. (iv) Student feedback about learning and teaching supports. (v) Assessments of affective engagement and self-efficacy. (vi) Other appropriate measures as determined by the State. ; (5) by striking paragraph (12), as redesignated by paragraph (2), and inserting the following: (12) High-need local educational agency The term high-need local educational agency (A) (i) that serves not fewer than 10,000 low-income children; (ii) for which not less than 20 percent of the children served by the agency are low-income children; (iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 6211(b) of the Elementary and Secondary Education Act of 1965 or the Rural and Low-Income School Program under section 6221(b) of such Act; or (iv) that has a percentage of low-income children that is in the highest quartile among such agencies in the State; and (B) (i) for which 1 or more schools served by the agency is persistently low achieving; or (ii) for which 1 or more schools served by the agency has a high teacher turnover rate. ; (6) by striking paragraph (16), as redesignated by paragraph (2), and inserting the following: (16) Induction program The term induction program (A) High-quality mentoring. (B) Periodic, structured time for collaboration and classroom observation opportunities with teachers in the same department or field, including mentor teachers, as well as time for information-sharing among teachers, principals, administrators, other appropriate educators, and participating faculty in the partner institution. (C) The application of empirically based practice and scientifically valid research on instructional practices. (D) Opportunities for new teachers and principals to draw directly on the expertise of mentors, faculty, local educational agency personnel, and researchers to support the integration of empirically based practice and scientifically valid research with practice. (E) The development of skills in instructional and behavioral interventions derived from empirically based practice, and where applicable, scientifically valid research. (F) Faculty who— (i) model the integration of research and practice in the classroom; (ii) assist new teachers and principals with the effective use and integration of technology in instruction; and (iii) demonstrate the content knowledge and pedagogical skills necessary to be effective in advancing student achievement. (G) Interdisciplinary collaboration among exemplary teachers, principals, faculty, researchers, other educators, and other staff who prepare new teachers and principals with respect to the learning process and the assessment of learning. (H) Assistance with the understanding of data, particularly student achievement data, and the application of such data in classroom instruction. (I) Regular, structured observation and evaluation of new teachers by multiple evaluators, using valid and reliable measures of teaching and leadership skills. ; (7) by inserting after paragraph (21), as redesignated by paragraph (2), the following: (22) Residency program The term residency program (A) for 1 academic year, works alongside a mentor teacher, principal, or other educator who is the educator of record; (B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which courses may be taught by local educational agency personnel or residency program faculty, in— (i) the teaching of the content area in which the teacher will become certified or licensed; (ii) pedagogical practices; and (iii) leadership, management, organizational, and instructional skills necessary to serve as a principal; (C) acquires effective teaching or leadership skills; and (D) prior to completion of the program, earns a master's degree or other appropriate advanced credential, attains full State teacher or leader certification or licensure, and becomes highly qualified (if applicable). ; and (8) by inserting after paragraph (24), as redesignated by paragraph (2), the following: (25) Teacher performance assessment The term teacher performance assessment (A) based on professional teaching standards; (B) used to measure the effectiveness of a teacher’s— (i) curriculum planning; (ii) instruction of students, including appropriate plans and modifications for students who are limited English proficient and students who are children with disabilities; (iii) assessment of students, including analysis of evidence of student learning; and (iv) ability to advance student learning; (C) validated based on professional assessment standards; (D) reliably scored by trained evaluators, with appropriate oversight of the process to ensure consistency; and (E) used to support continuous improvement of educator practice. (26) Teacher preparation entity The term teacher preparation entity (27) Teacher preparation program The term teacher preparation program . 102. Educator quality enhancement Section 201 of the Higher Education Act of 1965 ( 20 U.S.C. 1022 (1) in paragraph (2), by inserting , principals, and other educators teachers (2) in paragraph (3), by striking and (3) by striking paragraph (4) and inserting the following: (4) recruit highly qualified individuals, including minorities and individuals from other occupations, as teachers, principals, and other educators; and ; and (4) by adding at the end the following: (5) meet the staffing needs of high-need local educational agencies and high-need schools through close partnerships with educator preparation programs within institutions of higher education. . 103. Partnership grants Section 202 of the Higher Education Act of 1965 ( 20 U.S.C. 1022a (1) in subsection (b)— (A) in paragraph (1), by inserting other educators, principals, (B) by striking paragraph (2) and inserting the following: (2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare prospective and new educators with strong teaching, leadership, and other professional skills necessary to increase learning and academic achievement; ; (C) in paragraph (3), by inserting , principals, and other educators teachers (D) in paragraph (4)— (i) in subparagraph (A), by inserting , principal, and other educator teacher (ii) in subparagraph (B), by striking teacher educator (E) in paragraph (6)— (i) by striking subparagraph (F) and inserting the following: (F) how the partnership will prepare educators to teach and work with students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; ; (ii) by striking subparagraph (G) and inserting the following: (G) how the partnership will prepare educators to teach and work with students who are limited English proficient; ; (iii) by striking subparagraph (H) and inserting the following: (H) how faculty at the partner institution will work, during the term of the grant, with mentor educators in the classrooms and administrators of high-need schools served by the high-need local educational agency in the partnership to— (i) provide high-quality professional development activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers and other educators, including multi-tiered systems of support and universal design for learning; (ii) train other classroom teachers, principals, school librarians, and other educators to implement literacy programs that incorporate the essential components of reading and writing instruction; and (iii) provide high-quality professional development activities to strengthen the instructional and leadership skills of elementary school and secondary school principals and district superintendents, if the partner institution has a principal preparation program; ; (iv) in subparagraph (I), by striking teaching educator (v) in subparagraph (K), by striking teachers educators (F) by striking paragraph (7) and inserting the following: (7) with respect to the induction program required as part of the activities carried out under this section— (A) a description of how the schools and departments within the institution of higher education that are part of the induction program will effectively prepare educators, including providing content expertise and expertise in teaching and leadership, as appropriate; (B) a description of the eligible partnership's capacity to use empirically based practice and scientifically valid research on teaching and learning; (C) a description of how the educator preparation program will design and implement an induction program to support all new educators who are prepared by the educator preparation program in the partnership and who are employed in the high-need local educational agency in the partnership, and, to the extent practicable, all new educators who teach in such high-need local educational agency; and (D) a description of how higher education faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable. ; (2) by striking subsection (c) and inserting the following: (c) Use of grant funds An eligible partnership that receives a grant under this section— (1) shall use grant funds to carry out a program for the pre-baccalaureate or post-baccalaureate preparation of teachers under subsection (d), a teaching or principal residency program under subsection (e), or a combination of such programs; and (2) may use funds to carry out other educator development programs under subsection (f), based upon the results of the needs assessment in subsection (b)(1). ; (3) by striking subsection (e) and inserting the following: (e) Partnership Grants for the Establishment of Teaching and Principal Residency Programs (1) In general An eligible partnership receiving a grant to carry out an effective teaching or principal residency program shall carry out a program that includes the following activities: (A) For teaching residency programs An eligible partnership carrying out a teaching residency program shall carry out both of the following activities: (i) Supporting a teaching residency program described in paragraph (2) for high-need schools and in high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership. (ii) Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the residency program and between such graduates and mentor teachers in the receiving school. (B) For principal residency programs An eligible partnership carrying out a principal residency program shall support a program described in paragraph (3) for high-need schools, as determined by the needs of the high-need local educational agency in the partnership. (2) Teacher residency programs (A) Establishment and design A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in high-need schools in the eligible partnership and shall be designed to include the following characteristics of successful programs: (i) The integration of pedagogy, classroom practice and teacher mentoring. (ii) The exposure to principles of child development as well as understanding and applying principles of learning and behavior. (iii) Engagement of teaching residents in rigorous graduate-level coursework to earn a master’s degree while undertaking a guided teaching apprenticeship. (iv) Experience and learning opportunities alongside a trained and experienced mentor teacher— (I) whose teaching shall complement the residency program so that school-based clinical practice is tightly aligned with coursework; (II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and (III) who may be relieved from teaching duties or may be offered a stipend as a result of such additional responsibilities. (v) The establishment of clear criteria for the selection of mentor teachers based on the appropriate subject area knowledge and measures of teacher effectiveness, which shall be based on, but not limited to, observations of the following: (I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative, summative, and diagnostic assessments to improve student learning. (II) Appropriate instruction that engages all students. (III) Collaboration with colleagues to improve instruction. (IV) Analysis of evidence of student learning. (vi) The development of admissions goals and priorities— (I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency to hire qualified graduates from the teaching residency program; and (II) which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession. (vii) Support for residents once such residents are hired as the teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents’ first 2 years of teaching. (B) Selection of individuals as teacher residents (i) Eligible individual In order to be eligible to be a teacher resident in a teacher residency program under this paragraph, an individual shall— (I) be a recent graduate of a 4-year institution of higher education or a mid-career professional possessing strong content knowledge of a record of professional accomplishment; and (II) submit an application to the residency program. (ii) Selection criteria An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics: (I) Strong content knowledge or record of accomplishment in the field or subject area to be taught. (II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. (III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership. (3) Principal residency programs (A) Establishment and design A principal residency program under this paragraph shall be a program based upon models of successful principal residencies that serve as a mechanism to prepare principals for success in high-need schools in the eligible partnership and shall be designed to include the following characteristics of successful programs: (i) Engagement of principal residents in rigorous graduate-level coursework to earn an appropriate advanced credential while undertaking a guided principal apprenticeship. (ii) Experience and learning opportunities alongside a trained and experienced mentor principal— (I) whose mentoring shall be based on standards of effective mentoring practice and shall complement the residence program so that school-based clinical practice is tightly aligned with coursework; and (II) who may be relieved from some portion of principal duties or may be offered a stipend as a result of such additional responsibilities. (iii) The establishment of clear criteria for the selection of mentor principals, which may be based on observations of the following: (I) Demonstrating awareness of, and having experience with, the knowledge, skills, and attitudes to— (aa) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (bb) create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (cc) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; (dd) understand youth development appropriate to the age level served by the school, and use this knowledge to set high expectations and standards for the academic, social, emotional, and physical development of all students; and (ee) actively engage the community to create shared responsibility for student academic performance and successful development. (II) Planning and articulating a shared and coherent schoolwide direction and policy for achieving high standards of student performance. (III) Identifying and implementing the activities and rigorous curriculum necessary for achieving such standards of student performance. (IV) Supporting a culture of learning, collaboration, and professional behavior and ensuring quality measures of instructional practice. (V) Communicating and engaging parents, families, and other external communities. (VI) Collecting, analyzing, and utilizing data and other evidence of student learning and evidence of classroom practice to guide decisions and actions for continuous improvement and to ensure performance accountability. (iv) The development of admissions goals and priorities— (I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency to hire qualified graduates from the principal residency program; and (II) which may include consideration of applicants who reflect the communities in which they will serve as well as consideration of individuals from underrepresented populations in school leadership positions. (v) Support for residents once such residents are hired as principals, through an induction program, professional development to support the knowledge and skills of the principal in a continuum of learning and content expertise in developmentally appropriate or age-appropriate educational practices, and networking opportunities to support the residents through not less than the residents’ first 2 years of serving as principal of a school. (B) Selection of individuals as principal residents (i) Eligible individual In order to be eligible to be a principal resident in a principal residency program under this paragraph, an individual shall— (I) have prior prekindergarten through grade 12 teaching experience; (II) have experience as an effective leader, manager, and written and oral communicator; and (III) submit an application to the residency program. (ii) Selection criteria An eligible partnership carrying out a principal residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the principal residency program based on the following characteristics: (I) Strong instructional leadership skills in an elementary school or secondary school setting. (II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. (III) Other attributes linked to effective leadership, such as sound judgment, organizational capacity, collaboration, and openness to continuous learning, which may be determined by interviews or performance assessment, as specified by the eligible partnership. (4) Stipends or salaries; applications; agreements; repayments (A) Stipends or salaries A teaching or principal residency program under this subsection— (i) shall provide a 1-year living stipend or salary to teaching or principal residents during the 1-year teaching or principal residency program; and (ii) may provide a stipend to a mentor teacher or mentor principal. (B) Applications for stipends or salaries Each teacher or principal residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require. (C) Agreements to serve Each application submitted under subparagraph (B) shall contain or be accompanied by an agreement that the applicant will— (i) serve as a full-time teacher or principal for a total of not less than 3 academic years immediately after successfully completing the 1-year teaching or principal residency program; (ii) fulfill the requirement under clause (i)— (I) by teaching or serving as a principal in a high-need school served by the high-need local educational agency in the eligible partnership and, if a teacher, teaching a subject or area that is designated as high need by the partnership; or (II) if there is no appropriate position available in a high-need school served by the high-need local educational agency in the eligible partnership, by teaching or serving as a principal in any other high-need school; (iii) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required under clauses (i) and (ii) at the beginning of, and upon completion of, each year or partial year of service; (iv) for teacher residents, meet the requirements to be a highly qualified teacher, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, or section 602 of the Individuals with Disabilities Education Act, when the applicant begins to fulfill the service obligation under this clause; and (v) comply with the requirements set by the eligible partnership under subparagraph (D) if the applicant is unable or unwilling to complete the service obligation required by this subparagraph. (D) Repayments (i) In general An eligible partnership carrying out a teaching or principal residency program under this subsection shall require a recipient of a stipend or salary under subparagraph (A) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by subparagraph (C) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary. (ii) Other terms and conditions Any other terms and conditions specified by the eligible partnership may include reasonable provisions for prorata repayment of the stipend or salary described in subparagraph (A) or for deferral of a teaching resident's service obligation required by subparagraph (C), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances. (iii) Use of repayments An eligible partnership shall use any repayment received under this subparagraph to carry out additional activities that are consistent with the purposes of this section. ; (4) by striking subsection (f) and inserting the following: (f) Partnership grants for educator development An eligible partnership that receives a grant under this section may carry out effective educator development programs for other educators besides teachers and principals based on the needs identified in subsection (b)(1) that may include the following activities: (1) Implementing curriculum changes that improve, evaluate, and assess how well prospective and new educators develop instructional skills. (2) Preparing educators to use empirically based practice and scientifically valid research, where applicable. (3) Providing pre-service clinical experience. (4) Creating induction programs for new educators. (5) Aligning recruitment and admissions goals and priorities with the hiring objectives of the high-need local educational agency in the eligible partnership. (6) Professional development and training for mentor teachers and principals. ; and (5) by adding at the end the following: (l) Continuation of awards Notwithstanding any other provision of law, from funds appropriated to carry out this part, the Secretary shall continue to fund any multiyear grant awarded under this part (as such provisions were in effect on the day before the date of enactment of the Educator Preparation Reform Act . 104. Administrative provisions Section 203 of the Higher Education Act of 1965 ( 20 U.S.C. 1022b (1) in subsection (a), by striking paragraph (2) and inserting the following: (2) Number of awards An eligible partnership may not receive more than 1 grant during a 5-year period, except such partnership may receive an additional grant during such period if such grant is used to establish a teacher or principal residency program if such residency program was not established with the prior grant. Nothing in this title shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this title from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the 5-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired. ; and (2) in subsection (b)(2)(A), by striking teacher preparation program teacher education program or educator development program 105. Accountability and evaluation Section 204(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1022c(a) (a) Eligible partnership evaluation Each eligible partnership submitting an application for a grant under this part shall establish, and include in such application, an evaluation plan that includes strong and measurable performance objectives. The plan shall include objectives and measures for— (1) achievement for all prospective and new educators as measured by the eligible partnership; (2) educator retention in the first 3 years; (3) pass rates and scaled scores for initial State certification or licensure of teachers or pass rates and average scores on valid and reliable teacher performance assessments; and (4) (A) the percentage of highly qualified teachers, principals, and other educators hired by the high-need local educational agency participating in the eligible partnership; (B) the percentage of highly qualified teachers, principals, and other educators hired by the high-need local educational agency who are members of underrepresented groups; (C) the percentage of highly qualified teachers hired by the high-need local educational agency who teach high-need academic subject areas (such as reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages); (D) the percentage of highly qualified teachers hired by the high-need local educational agency who teach in high-need areas (including special education, bilingual education, language instruction educational programs for limited English proficient students, and early childhood education); (E) the percentage of highly qualified teachers and other educators hired by the high-need local educational agency who teach in high-need schools, disaggregated by the elementary school and secondary school levels; (F) as applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent; and (G) as applicable, the percentage of educators trained to— (i) integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning; and (ii) use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student learning outcomes. . 106. Accountability for programs that prepare teachers Section 205 of the Higher Education Act of 1965 ( 20 U.S.C. 1022d (1) in subsection (a)— (A) by striking the subsection heading and inserting Teacher Preparation Entity Report Cards (B) by striking paragraph (1) and inserting the following: (1) Report card Each teacher preparation entity approved to operate teacher preparation programs in the State and that receives or enrolls students receiving Federal assistance shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, the following: (A) Goals and assurances (i) For the most recent year for which the information is available for the entity whether the goals set under section 206 have been met. (ii) A description of the steps the entity is taking to improve its performance in meeting the annual goals set under section 206. (iii) A description of the activities the entity has implemented to meet the assurances provided under section 206. (B) Pass rates and scaled scores For the most recent year for which the information is available the following: (i) Except as provided in clause (ii), for those students who took the assessments used for teacher certification or licensure by the State in which the entity is located and are enrolled in the teacher preparation program or, and for those who have taken such assessments and have completed the teacher preparation program during the two-year period preceding such year, for each of such assessments— (I) the percentage of all students who passed such assessment; (II) the percentage of students who have taken such assessment who enrolled in and completed the teacher preparation program; and (III) the average scaled score for all students who took such assessment. (ii) In the case of an entity that requires a valid and reliable teacher performance assessment in order to complete the preparation program, the entity may submit in lieu of the information described in clause (i) the pass rate and average score of students taking the teacher performance assessment, disaggregated by subject area, race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student. (C) Entity information A description of the following: (i) The median grade point average and range of grade point averages for admitted students. (ii) The number of students in the entity (disaggregated by race, ethnicity, and gender). (iii) The number of hours and types of supervised clinical preparation required. (iv) The total number of students who have completed programs for certification or licensure (disaggregated by subject area). (D) Accreditation Whether the program is accredited by a specialized accrediting agency recognized by the Secretary for accreditation of professional teacher education programs. (E) Designation as low-performing Whether the program has been designated as low-performing by the State under section 207(a). ; and (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting , including teacher performance assessments State (ii) by striking subparagraph (D) and inserting the following: (D) (i) Except as provided in clause (ii), for each of the assessments used by the State for teacher certification or licensure— (I) the percentage of all such students in all such programs and entities who have taken the assessment who pass such assessment; (II) the percentage of students who have taken the assessment who enrolled in and completed a teacher preparation program; and (III) the average scaled score of individuals participating in such a program, or who have completed such a program during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment. (ii) In the case of a State that has implemented a valid and reliable teacher performance assessment, the State may submit in lieu of the information described in clause (i) the pass rate and average score of students taking the teacher performance assessment, disaggregated by subject area, race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student. ; (iii) by striking subparagraph (G) and inserting the following: (G) For each teacher preparation program in the State the following: (i) The median grade point average and range of grade point averages for admitted students. (ii) The number of students in the program (disaggregated by race, ethnicity, and gender). (iii) The number of hours and types of supervised clinical preparation required. ; (iv) by striking subparagraph (H) and inserting the following: (H) For the State as a whole, and for each teacher preparation entity in the State, the number of teachers prepared, in the aggregate and reported separately by the following: (i) Area of certification or licensure. (ii) Academic major. (iii) Subject area for which the teacher has been prepared to teach. (iv) The relationship of the subject area and grade span of teachers graduated by the teacher preparation entity to the teacher workforce needs of the State. (v) The percentage of teachers graduated teaching in high-need schools. ; (v) by striking subparagraphs (I), (J), (K), and (L); and (vi) by adding at the end the following: (I) The capacity of the statewide longitudinal data system to report valid and reliable outcome data on the graduates of teacher preparation entities in the State and where available the results of such data on the following: (i) Evidence of student learning, including information on the academic performance of students with disabilities and limited English proficient students taught by graduates of teacher preparation entities in the State by subject area and grade. (ii) Job placement of program completers within 12 months of graduation. (iii) Retention of program completers in teaching after 3 years. (iv) Other outcome indicators, such as average results from teacher evaluations. ; and (B) by adding at the end the following: (3) No requirement for reporting on students not residing in the State Nothing in this section shall require a State to report data on program completers who do not reside in such State. . 107. Teacher development Section 206 of the Higher Education Act of 1965 ( 20 U.S.C. 1022e (1) in subsection (a), by striking Each institution under this Act, Each teacher preparation entity that enrolls students receiving Federal assistance under this Act, or receives other Federal funding to support its teacher preparation programs, (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking institution entity (B) in paragraph (1), by striking institution's entity's (C) by striking paragraph (3) and inserting the following: (3) prospective teachers receive— (A) coursework and training in providing instruction in core academic subjects; (B) training in providing instruction to diverse populations, including children with disabilities, limited English proficient students, gifted students, and children from low-income families; and (C) training on how to effectively teach in urban and rural schools, as applicable. ; and (3) in subsection (c), by striking institution entity 108. State functions Section 207 of the Higher Education Act of 1965 ( 20 U.S.C. 1022f 207. State functions (a) State assessment (1) In general In order to receive funds under this Act, a State shall conduct an assessment to identify at-risk and low-performing teacher preparation programs in the State and to assist such programs through the provision of technical assistance. (2) Provision of low performing list Each State described in paragraph (1) shall— (A) provide the Secretary with an annual list of low-performing teacher preparation programs and an identification of those programs at risk of being placed on such list, as applicable; (B) report any teacher preparation program that has been closed and the reasons for such closure; and (C) describe the assessment, described in paragraph (1), in the report under section 205(b). (3) Determination of at risk and low-performing programs The levels of performance and the criteria for meeting those levels for purposes of the assessment under paragraph (1) shall be determined by the State in consultation with a representative group of community stakeholders, including, at a minimum, representatives of leaders and faculty of traditional and alternative route teacher preparation programs, pre-kindergarten through 12th grade leaders and instructional staff, current teacher candidates participating in traditional and alternative route teacher preparation programs, the State’s standards board or other appropriate standards body, and other stakeholders identified by the State. In making such determination, the State shall consider multiple measures and the information reported by teacher preparation entities under section 205. (b) Reporting and improvement In order to receive funds under this Act, a State shall— (1) report any programs described in subsection (a) to the Secretary; (2) establish a period of improvement and redesign (as established by the State) for programs identified as at-risk under subsection (a); (3) provide programs identified as at-risk under subsection (a) with technical assistance for a period of not longer than 3 years; (4) identify at-risk programs as low-performing if there is not sufficient improvement following the period of technical assistance provided by the State; and (5) subject low-performing programs to the provisions described in subsection (c) (as determined by the State) not later than 1 year after the date of such identification as a low-performing program. (c) Termination of eligibility Any teacher preparation program that is projected to close— (1) shall be ineligible for any funding for professional development activities awarded by the Department; (2) may not be permitted to provide new awards under subpart 9 of part A of title IV; and (3) shall provide transitional support, including remedial services if necessary, for students enrolled in the program in the year prior to such closure. (d) Application of the requirements The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs. . 109. Authorization of appropriations Section 209 of the Higher Education Act of 1965 ( 20 U.S.C. 1022h (1) by striking 2009 2014 (2) by striking two 5 II Partnerships with higher education to improve teacher preparation programs 201. State use of funds Section 2113 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613 (1) in subsection (a)(2) by striking to make subgrants for activities consistent with subpart 3; and (2) by adding at the end the following: (g) Additional activities The State educational agency for a State that receives a grant under section 2111 shall assist the State higher education agency (if the State higher education agency is not the State educational agency) in conducting the activities described under subpart 3. (h) Activities related to the Higher Education Act A State that receives a grant under section 2111 shall— (1) apply the requirements of section 207 of the Higher Education Act of 1965 to all teacher preparation programs in the State, including programs operated by institutions of higher education (whether such institutions are public, private, or for-profit), and any other program in the State which provides teacher preparation; and (2) develop and solicit public comment on criteria used to assess or identify low-performing teacher preparation programs under section 207 of the Higher Education Act of 1965 (including any criteria in existence on the day before the date of enactment of the Educator Preparation Reform Act (i) Criteria The criteria described under subsection (h)(2) shall— (1) include multiple measures of performance of individual teachers, such as teacher and principal evaluation, student satisfaction, and evidence of student learning; and (2) consider information reported by teacher preparation entities under section 205 of the Higher Education Act of 1965. (j) Withholding of State administrative funds The Secretary may withhold administrative funds provided to States under this Act if a State fails to develop, implement, and publicly disclose its criteria for low-performing and at-risk teacher preparation programs. . 202. State Agency for Higher Education Subpart 3 of part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631 et seq.) is amended to read as follows: 3 State educational agency or State agency for higher education grants 2131. Grants (a) In general The State agency for higher education for a State that receives a grant under section 2111, working in conjunction with the State educational agency (if such agencies are separate), shall use the funds reserved under section 2113(a)(2) to carry out the activities described in section 2133, either directly or through subgrants to eligible entities, as described in this subpart. (b) Distribution In making subgrants to eligible entities under this subpart, the State agency for higher education shall ensure that such subgrants are equitably distributed by geographic area within the State. 2132. Applications If the State agency for higher education makes subgrants under this subpart to carry out the activities described in section 2133, to be eligible to receive a subgrant, an eligible entity shall submit an application to the State agency for higher education at such time, in such manner, and containing such information as the agency may require. 2133. Use of funds and withholding (a) In general (1) Required uses of funds In using the funds reserved under section 2113(a)(2), the State agency for higher education shall, directly or through subgrants to eligible entities, use such funds for the following activities: (A) Providing technical assistance to and closing low-performing teacher preparation programs, as identified under section 207 of the Higher Education Act of 1965, under which the State agency for higher education shall— (i) assist teacher preparation programs that are at risk of being identified as low performing, or have been identified as low performing, under such section, through— (I) technical assistance designed to identify the reasons such programs are at risk of being identified, or have been identified, as low performing; (II) the development of an improvement plan to address the reasons identified under subclause (I); (III) technical assistance to implement the plan described under subclause (II); and (IV) other such assistance that responds to the reasons for such identification; and (ii) if such a program described under clause (i) is identified as low performing after such technical assistance and a period of time for program improvement (as determined by the State), terminate the eligibility of such a program as described in section 207 of the Higher Education Act of 1965 or if the State agency for higher education does not oversee such program, assisting such other State agency in terminating such eligibility. (B) Developing a system for assessing the quality and effectiveness of professional development offered throughout the State (in conjunction with the appropriate State agency, if an agency other than the State agency for higher education is responsible for professional development of teachers in such State). (2) Allowable uses of funds In using the funds reserved under section 2113(a)(2), the State agency for higher education may, directly or through subgrants to eligible entities, use such funds for the following activities: (A) Developing and implementing a valid and reliable teacher performance assessment for use by— (i) institutions of higher education and other providers of teacher preparation in the State in assessing the effectiveness of graduates of teacher preparation programs; (ii) a State educational agency (or other State agency if such agency is responsible under State law for certification or licensure of teachers in such State) in determining any certification or licensure, including certification through alternative routes and full State certification or licensure; or (iii) a local educational agency to inform hiring decisions, induction, and mentoring programs, and to facilitate the alignment of such performance assessments to the criteria used in teacher evaluations. (B) Professional development activities in core academic subjects to ensure that— (i) teachers and highly qualified paraprofessionals, and, if appropriate, principals have subject matter knowledge in the academic subjects that the individuals teach, including the use of computer related technology to enhance student learning; and (ii) principals have the instructional leadership skills that will help such principals work most effectively with teachers to help students master core academic subjects. (C) Developing and providing assistance to local educational agencies and individuals who are teachers, highly qualified paraprofessionals, or principals of schools served by such agencies, for sustained, high-quality professional development activities that— (i) ensure that the individuals are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to improve instructional practices and improve student academic achievement; (ii) may include intensive programs designed to prepare such individuals who will return to a school to provide instruction related to the professional development described in clause (i) to other such individuals within such school; and (iii) may include activities of partnerships between 1 or more local educational agencies, 1 or more schools served by such local educational agencies, and 1 or more institutions of higher education for the purpose of improving teaching and learning at low-performing schools. (b) Withholding In any fiscal year, if a State does not meet the requirements of section 207 of the Higher Education Act of 1965, including any requirements described under this part related to such section 207, the Secretary shall withhold a portion of the administrative funds that would be allocated to such State under this Act. 2134. Rule of construction Nothing in this subpart shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. 2135. Definition of eligible entity In this subpart, the term eligible entity (1) an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965; (2) a local educational agency; (3) a school or college of education; (4) a nonprofit organization; or (5) a partnership of any of the entities described in paragraphs (1) through (4). . III Amendments to the Teach Grants 301. Program established Section 420M of the Higher Education Act of 1965 ( 20 U.S.C. 1070g–1 (e) Programs projected To close An institution of higher education that offers a teacher preparation program that is projected to close— (1) may not provide new awards under this subpart; and (2) shall provide transitional support, including remedial services if necessary, for students enrolled in the program in the year prior to such closure. . 302. Applications; eligibility Section 420N of the Higher Education Act of 1965 ( 20 U.S.C. 1070g–2 (1) in subsection (a)(2)— (A) in subparagraph (A), by striking clause (iii) and inserting the following: (iii) the student is completing the third, fourth, or fifth year of a program of undergraduate education or a program of postbaccalaureate education, necessary to begin a career in teaching; or ; and (B) in subparagraph (B), by striking clause (ii) and inserting the following: (ii) the applicant is or was a teacher who is using alternative certification routes that have not been identified as low performing or at risk by the State. ; and (2) in subsection (b), by striking paragraph (2) and inserting the following: (2) in the event that the applicant is determined to have failed or refused to carry out such service obligation, the sum of the amounts of any TEACH Grants received by such applicant, pro-rated by the percentage of service obligation that has not been met, will be treated as a loan and collected from the applicant in accordance with subsection (c) and regulations thereunder; and .

Educator Preparation Reform Act

Effective Teaching and Leading Act - Amends title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the Elementary and Secondary Education Act of 1965 to create a new Part E: Building School Capacity for Effective Teaching and Leadership. Directs the Secretary of Education to allot grants to states for subgrants to local educational agencies (LEAs) to improve teaching and school leadership through a system of teacher and principal induction, professional development, and evaluation that is developed, implemented, and evaluated in collaboration with local teacher, principal, and school leader organizations and preparation programs. Requires LEAs to include in such system: a comprehensive, coherent, high quality formalized induction program for beginning teachers during their first two years of full-time employment; high-quality effective professional development for teachers, principals, school librarians, and other school leaders at their lowest achieving schools; a rigorous, transparent, and equitable teacher and principal evaluation system for all their schools; ongoing high-quality support, coaching, and professional development for principals and other school leaders at their lowest achieving schools; opportunities for teachers and school librarians to assume new school leadership roles and receive training regarding such roles; and significant and sustainable stipends above a teacher's base salary for teachers that serve as mentors, instructional coaches, teacher leaders, or evaluators under these programs. Directs LEA grantees to conduct a valid and reliable full population survey of teaching and learning, at the school and LEA level, the results of which are to inform and be integrated into such systems. Requires a formal evaluation of each system to be conducted by the state, an institution of higher education, or an external agency and the results disseminated widely.

113 S1063 IS: Effective Teaching and Leading Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1063 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Reed Committee on Health, Education, Labor, and Pensions A BILL To improve teacher quality, and for other purposes. 1. Short title This Act may be cited as the Effective Teaching and Leading Act 2. Findings and purposes (a) Findings Congress finds the following: (1) Teacher quality is the single most important in-school factor influencing student learning and achievement. (2) A 2003 study by Richard Ingersoll found that new teachers, not just those in hard-to-staff schools, face such challenging working conditions that nearly one-half leave the profession within their first 5 years, one-third leave within their first 3 years, and 14 percent leave by the end of their first year. (3) A report by the National Commission on Teaching and America’s Future estimated that the nationwide cost of replacing public school teachers who have dropped out of the profession is $7,300,000,000 annually. (4) A randomized controlled trial of comprehensive teacher induction, sponsored by the Institute of Education Sciences found that beginning teachers who received 2 years of induction support produced greater student learning gains as a result, the equivalent of a student moving from the 50th to 58th percentile in mathematics achievement and from the 50th to 54th percentile in reading achievement. (5) Research by Thomas Smith, Richard Ingersoll, Michael Strong, Anthony Villar, and Jonah Rockoff has shown that comprehensive mentoring and induction reduces teacher attrition by as much as one-half and strengthens new teacher effectiveness. (6) A recent School Redesign Network at Stanford University and National Staff Development Council report by Linda Darling-Hammond, Ruth Chung Wei, Alethea Andree, Nikole Richardson, and Stelios Orphanos found that— (A) a set of programs that offered substantial contact hours of professional development (ranging from 30 to 100 hours in total) spread over 6 to 12 months showed a positive and significant effect on student achievement gains; and (B) intensive professional development, especially when it includes applications of knowledge to teachers’ planning and instruction, has a greater chance of influencing teacher practices, and in turn, leading to gains in student learning, and such intensive professional development has shown a positive and significant effect on student achievement gains, in some cases by approximately 21 percentile points. (7) Teachers can acquire and use new knowledge and skills in their instruction when provided with adequate opportunities to learn, according to Student Achievement Through Staff Development (8) Recent reports from the Center for American Progress, Education Sector, Hope Street Group, and the New Teacher Project have collectively demonstrated the significant flaws in current teacher evaluation and implementation, and the necessity for redesigning these systems and linking such evaluation to individualized feedback and substantive targeted support in order to ensure effective teaching. (9) Research by Kenneth Leithwood, Karen Seashore Louis, Stephen Anderson, and Kyla Wahlstrom found that— (A) leadership is second only to classroom instruction among school-related factors that influence student outcomes; and (B) direct and indirect leadership effects account for about one-quarter of total school effects on student learning. (10) Research by Charles Clotfelter, Helen Ladd, Kenneth Leithwood, Anthony Milanowski, and the New Teacher Center has shown that the quality of working conditions, particularly supportive school leadership, impacts student academic achievement and teacher recruitment, retention, and effectiveness. (11) Since 1965, more than 60 education and library studies have produced clear evidence that school libraries staffed by qualified librarians have a positive impact on student academic achievement, with a recent analysis of reading scores from 2004–2009 showing that fewer librarians translated to lower performance, or a slower rise in scores, on standardized tests. (b) Purposes The purposes of this Act are to build capacity for developing effective teachers and principals in our Nation’s schools through— (1) the redesign of teacher and principal evaluation and assessment systems; (2) comprehensive, high-quality, rigorous, multi-year induction and mentoring programs for beginning teachers, principals, and other school leaders; (3) systematic, sustained, and coherent professional development for all teachers that is team-based and job-embedded; (4) systematic, sustained, and coherent professional development for school principals, other school leaders, school librarians, paraprofessionals, and other staff; and (5) increased teacher leadership opportunities, including compensation for teacher leaders who take on new roles in providing school-based professional development, mentoring, rigorous evaluation, and instructional coaching. 3. Definitions Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (1) by striking paragraph (34) and inserting the following: (34) Professional development The term professional development (A) fosters collective responsibility for improved student learning; (B) is designed and implemented in a manner that increases teacher, principal, school librarian, other school leader, paraprofessional, and other instructional staff effectiveness in improving student learning and strengthening classroom practice; (C) analyzes and uses— (i) real-time data and information collected from— (I) evidence of student learning; (II) evidence of classroom practice; and (III) the State’s longitudinal data system; and (ii) other relevant data collected by the school or local educational agency; (D) is aligned with— (i) rigorous State student academic achievement standards developed under section 1111(b)(1); (ii) related academic and school improvement goals of the school, local educational agency, and statewide curriculum; (iii) statewide and local curricula; and (iv) rigorous standards of professional practice and development; (E) includes frequently scheduled, significant blocks of time during the regular school day among established collaborative teams of teachers, principals, school librarians, other school leaders, and other instructional staff, by grade level and content area (to the extent applicable and practicable), which teams engage in a continuous cycle of professional learning and improvement that— (i) identifies, reviews, and analyzes— (I) evidence of student learning; and (II) evidence of classroom practice; (ii) defines a clear set of educator learning goals to improve student learning and strengthen classroom practice based on the rigorous analysis of evidence of student learning and evidence of classroom practice; (iii) develops and implements coherent, sustained, and evidenced-based professional development strategies to meet such goals (including through instructional coaching, lesson study, and study groups organized at the school, team, or individual levels); (iv) provides learning opportunities for teachers to collectively develop and refine student learning goals and the teachers' instructional practices and the use of formative assessment; (v) provides an effective mechanism to support the transfer of new knowledge and skills to the classroom (including utilizing teacher leaders, instructional coaches, school librarians, and content experts to support such transfer); and (vi) provides opportunities for follow-up, observation, and formative feedback and assessment of the teacher's classroom practice, on a regular basis and in a manner that allows each such teacher to identify areas of classroom practice that need to be strengthened, refined, and improved; (F) regularly assesses the effectiveness of the support, and uses such assessments to inform ongoing improvements, in— (i) improving student learning; and (ii) strengthening classroom practice; and (G) supports the recruiting, hiring, and training of highly qualified teachers, including teachers who become highly qualified through State and local alternative routes to certification or licensure. ; (2) by adding at the end the following: (44) Evidence of classroom practice The term evidence of classroom practice (A) Demonstration of effective teaching skills. (B) Classroom observations based on rigorous teacher performance standards or rubrics. (C) Student work. (D) Teacher portfolios. (E) Videos of teacher practice. (F) Lesson plans. (G) Information on the extent to which the teacher collaborates and shares best practices with other teachers and instructional staff. (H) Information on the teacher's successful use of research and data. (I) Parent, student, and peer feedback. (45) Evidence of student learning The term evidence of student learning (A) Valid and reliable student assessment data, which may include data— (i) based on— (I) student learning gains on State student academic assessments under section 1111(b)(3); or (II) student academic achievement assessments used at the national, state, or district levels, where available and appropriate for the curriculum and students taught; (ii) from classroom-based formative assessments; (iii) from classroom-based summative assessments; and (iv) from objective performance-based assessments. (B) At least 1 of the following additional measures: (i) Student work, including measures of performance criteria and evidence of student growth. (ii) Teacher-generated information about student goals and growth. (iii) Parental feedback about student goals and growth. (iv) Student feedback about learning and teaching supports. (v) Assessments of affective engagement and self-efficacy. (vi) Other appropriate measures, as determined by the State. (46) Lowest achieving school The term lowest achieving school (A) is failing to make adequate yearly progress as described in section 1111(b)(2), for the greatest number of subgroups described in section 1111(b)(2)(C)(v) and by the greatest margins, as compared to the other schools served by the local educational agency; and (B) in the case of a secondary school, has a graduation rate of less than 65 percent. (47) School leader The term school leader (A) is an employee or officer of a school; and (B) is responsible for— (i) the school's performance; and (ii) the daily instructional and managerial operations of the school. (48) Teaching skills The term teaching skills (A) increase student learning, achievement, and the ability to apply knowledge; (B) effectively convey and explain academic subject matter; (C) actively engage students and personalize learning; (D) effectively teach higher-order analytical, evaluation, problem-solving, and communication skills; (E) develop and effectively apply new knowledge, skills, and practices; (F) employ strategies grounded in the disciplines of teaching and learning that— (i) are based on empirically based practice and scientifically valid research, where applicable, related to teaching and learning; (ii) are specific to academic subject matter; (iii) focus on the identification of students' specific learning needs, (including children with disabilities, English language learners, students who are gifted and talented, and students with low literacy levels), and the tailoring of academic instruction to such needs; and (iv) enable effective inclusion of children with disabilities and English language learners, including the utilization of— (I) response to intervention; (II) positive behavioral supports; (III) differentiated instruction; (IV) universal design of learning; (V) appropriate accommodations for instruction and assessments; (VI) collaboration skills; (VII) skill in effectively participating in individualized education program meetings required under section 614 of the Individuals with Disabilities Education Act; and (VIII) evidence-based strategies to meet the linguistic and academic needs of English language learners; (G) conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and evaluation); (H) effectively manage a classroom, including the ability to implement positive behavioral support strategies; (I) communicate and work with parents, and involve parents in their children's education; and (J) use age-appropriate and developmentally appropriate strategies and practices. (49) Formative assessment The term formative assessment ; and (3) by redesignating paragraphs (1) through (39), the undesignated paragraph following paragraph (39), and paragraphs (41) through (49) (as amended by this section) as paragraphs (1) through (18), (21), (22), (24) through (29), (31) through (40), (42) through (47), (49), (19), (20), (30), (41), (48), and (23), respectively. 4. School improvement Section 1003(g)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6303(g)(5) (1) in subparagraph (B), by striking and (2) in subparagraph (C), by striking the period and inserting ; and (3) by adding at the end the following: (D) permitted to be used to supplement the activities required under section 2502. . 5. Teacher and principal professional development and support (a) In general Title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. E Building school capacity for effective teaching and leadership 2501. Local school improvement activities (a) Subgrants to local educational agencies (1) Grants From amounts made available under section 2505, the Secretary shall award grants, through allotments under paragraph (3)(A), to States to enable the States to award subgrants to local educational agencies under this part. (2) Reservations A State that receives a grant under this part for a fiscal year shall— (A) reserve 95 percent of the funds made available through the grant to make subgrants, through allocations under paragraph (3)(B), to local educational agencies; and (B) use the remainder of the funds for— (i) administrative activities and technical assistance in helping local educational agencies carry out this part; (ii) statewide capacity building strategies to support local educational agencies in the implementation of the required activities under section 2502; and (iii) conducting the evaluation required under section 2504. (3) Formulas (A) Allotments The allotment provided to a State under this section for a fiscal year shall bear the same relation to the total amount available under this part for such allotments for the fiscal year, as the allotment provided to the State under section 2111(b) for such year bears to the total amount available under such section 2111(b) for such allotments for such year. (B) Allocations The allocation provided to a local educational agency under this section for a fiscal year shall bear the same relation to the total amount available under this part for such allocations for the fiscal year, as the allocation provided to the local educational agency under section 2121(a) for such year bears to the total amount available for such allocations for such year. (4) Schools first supported A local educational agency receiving a subgrant under this part shall first use such funds to carry out the activities described in section 2502(a) in each lowest achieving school served by the local educational agency— (A) that demonstrates the greatest need for subgrant funds based on the data analysis described in subsection (b)(3); and (B) in which not less than 40 percent of the students enrolled in the school are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (b) Local educational agency application (1) In general To be eligible to receive a subgrant under this part, a local educational agency shall submit to the State educational agency an application described in paragraph (2), and a summary of the data analysis conducted under paragraph (3), at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Contents of application Each application submitted pursuant to paragraph (1) shall include— (A) a description of how the local educational agency will assist the lowest achieving schools served by the local educational agency in carrying out the requirements of section 2502, including— (i) developing and implementing the teacher and principal evaluation system pursuant to section 2502(a)(3); (ii) implementing teacher induction programs pursuant to section 2502(a)(1); (iii) providing effective professional development in accordance with section 2502(a)(2); (iv) implementing mentoring, coaching, and sustained professional development for school principals and other school leaders pursuant to section 2502(a)(4); and (v) providing significant and sustainable teacher stipends, pursuant to section 2502(a)(6); (B) a description of how the local educational agency will— (i) conduct and utilize valid and reliable surveys pursuant to section 2502(b); and (ii) ensure that such programs are integrated and aligned pursuant to section 2502(c); (C) (i) a description of how the local educational agency will use subgrant funds to target and support the lowest achieving schools described in subsection (a)(4) before using funds for other lowest achieving schools; and (ii) a list that identifies all of the lowest achieving schools that will be assisted under the subgrant; (D) a description of how the local educational agency will enable effective inclusion of children with disabilities and English language learners, including through utilization by the teachers, principals, and other school leaders of the local educational agency of— (i) response to intervention; (ii) positive behavioral supports; (iii) differentiated instruction; (iv) universal design of learning; (v) appropriate accommodations for instruction and assessments; (vi) collaboration skills; (vii) skill in effectively participating in individualized education program meetings required under section 614 of the Individuals with Disabilities Education Act; and (viii) evidence-based strategies to meet the linguistic and academic needs of English language learners; (E) a description of how the local educational agency will assist the lowest achieving schools in utilizing real-time student learning data, based on evidence of student learning and evidence of classroom practice, to— (i) inform instruction; and (ii) inform professional development for teachers, mentors, principals, and other school leaders; (F) a description of how the programs and assistance provided under section 2502 will be managed and designed, including a description of the division of labor and different roles and responsibilities of local educational agency central office staff members, school leaders, teacher leaders, coaches, mentors, and evaluators; and (G) a description of how the local educational agency will work with institutions of higher education and local teacher and principal preparation programs to improve the performance of beginning teachers and principals, improve induction programs, and strengthen professional development. (3) Data analysis A local educational agency desiring a subgrant under this part shall, prior to applying for the subgrant, conduct a data analysis of each school served by the local educational agency, based on data and information collected from evidence of student learning, evidence of classroom practice, and the State’s longitudinal data system, in order to— (A) determine which schools have the most critical teacher, principal, school librarian, and other school leader quality, effectiveness, and professional development needs; and (B) allow the local educational agency to identify the specific needs regarding the quality, effectiveness, and professional development needs of the school's teachers, principals, librarians, and other school leaders, including with respect to instruction provided for individual student subgroups (including children with disabilities and English language learners) and specific grade levels and content areas. (4) Joint development and submission (A) In general Except as provided in subparagraph (B), a local educational agency shall— (i) jointly develop the application and data analysis framework under this subsection with local organizations representing the teachers, principals, and other school leaders in the local educational agency; and (ii) submit the application and data analysis in partnership with such local teacher, principal, and school leader organizations. (B) Exception A State may, after consultation with the Secretary, consider an application from a local educational agency that is not jointly developed and submitted in accordance with subparagraph (A) if the application includes documentation of the local educational agency's extensive attempt to work jointly with local teacher, principal, and school leader organizations. 2502. Use of funds (a) Induction, professional development, and evaluation system A local educational agency that receives a subgrant under this part shall use the subgrant funds to improve teaching and school leadership through a system of teacher and principal induction, professional development, and evaluation. Such system shall be developed, implemented, and evaluated in collaboration with local teacher, principal, and school leader organizations and local teacher, principal, and school leader preparation programs and shall provide assistance to each school that the local educational agency has identified under section 2501(b)(2)(C)(ii), to— (1) implement a comprehensive, coherent, high-quality formalized induction program for beginning teachers during not less than the teachers' first 2 years of full-time employment as teachers with the local educational agency, that shall include— (A) rigorous mentor selection by school or local educational agency leaders with mentoring and instructional expertise, including requirements that the mentor demonstrate— (i) a proven track record of improving student learning; (ii) strong interpersonal skills; (iii) exemplary teaching skills, particularly with diverse learners, including children with disabilities and English language learners; (iv) not less than 5 years teaching experience; (v) commitment to personal and professional growth and learning, such as National Board for Professional Teaching Standards certification; (vi) willingness and experience in using real-time data, as well as school and classroom level practices that have demonstrated the capacity to— (I) improve student learning and classroom practice; and (II) inform instruction and professional growth; (vii) a commitment to participate in professional development throughout the year to develop the knowledge and skills related to effective mentoring; and (viii) the ability to improve the effectiveness of the mentor's mentees, as assessed by the evaluation system described in paragraph (3); (B) a program of high-quality, intensive, and ongoing mentoring and mentor-teacher interactions that— (i) ensures that new teachers are supported in ways that help improve content-specific knowledge and pedagogy, including by matching mentors with beginning teachers by grade level and content area; (ii) assists each beginning teacher in— (I) analyzing data based on the beginning teacher's evidence of student learning and evidence of classroom practice, and utilizing research-based instructional strategies, including differentiated instruction, to inform and strengthen such practice; (II) developing and enhancing effective teaching skills; (III) enabling effective inclusion of children with disabilities and English language learners, including through the utilization of— (aa) response to intervention; (bb) positive behavioral supports; (cc) differentiated instruction; (dd) universal design of learning; (ee) appropriate accommodations for instruction and assessments; (ff) collaboration skills; (gg) skill in effectively participating in individualized education program meetings required under section 614 of the Individuals with Disabilities Education Act; and (hh) evidence-based strategies to meet the linguistic and academic needs of English language learners; (IV) using formative evaluations to— (aa) collect and analyze classroom-level data; (bb) foster evidence-based discussions; (cc) provide opportunities for self assessment; (dd) examine classroom practice; and (ee) establish goals for professional growth; and (V) achieving the goals of the school, district, and statewide curricula; (iii) provides regular and ongoing opportunities for beginning teachers to observe exemplary teaching in classroom settings during the school day; (iv) aligns with the mission and goals of the local educational agency and school; (v) (I) acts as a vehicle for a beginning teacher to establish short- and long-term planning and professional goals and to improve student learning and classroom practice; and (II) guides, monitors, and assesses the beginning teacher's progress toward such goals; (vi) assigns not more than 12 beginning teacher mentees to a mentor who is released full-time from classroom teaching, and reduces such maximum number of mentees proportionately for a mentor who works on a part-times basis; (vii) provides joint professional development opportunities for mentors and beginning teachers; (viii) may include the use of master teachers to support mentors or other teachers; and (ix) improves student learning and classroom practice, as measured by the evaluation system described in paragraph (3); (C) paid school release time that allows for at least weekly high-quality mentoring and mentor-teacher interactions; (D) foundational training and ongoing professional development for mentors that support the high-quality mentoring and mentor-teacher interactions described in subparagraph (B); (E) use of research-based teaching standards, formative assessments, teacher portfolio processes (such as the National Board for Professional Teaching Standards certification process), and teacher development protocols that support the high-quality mentoring and mentor-teacher interactions described in subparagraph (B); and (F) feedback on the performance of beginning teachers to local teacher preparation programs and recommendations for improving such programs; (2) implement high-quality effective professional development for teachers, principals, school librarians, and other school leaders serving the schools targeted for assistance under the subgrant; (3) develop and implement a rigorous, transparent, and equitable teacher and principal evaluation system for all schools served by the local educational agency that— (A) (i) provides formative individualized feedback to teachers and principals on areas for improvement; (ii) provides for substantive support and interventions targeted specifically on such areas of improvement; and (iii) results in summative evaluations; (B) differentiates the effectiveness of teachers and principals using multiple rating categories that take into account evidence of student learning; (C) shall be developed, implemented, and evaluated in partnership with local teacher and principal organizations; and (D) includes— (i) valid, clearly defined, and reliable performance standards and rubrics for teacher evaluation based on multiple performance measures, which shall include a combination of— (I) evidence of classroom practice; and (II) evidence of student learning as a significant factor; (ii) valid, clearly defined, and reliable performance standards and rubrics for principal evaluation based on multiple performance measures of student learning and leadership skills, which standards shall include— (I) planning and articulating a shared and coherent schoolwide direction and policy for achieving high standards of student performance; (II) identifying and implementing the activities and rigorous curriculum necessary for achieving such standards of student performance; (III) supporting a culture of learning, collaboration, and professional behavior and ensuring quality measures of instructional practice; (IV) communicating and engaging parents, families, and other external communities; and (V) collecting, analyzing, and utilizing data and other tangible evidence of student learning and evidence of classroom practice to guide decisions and actions for continuous improvement and to ensure performance accountability; (iii) multiple and distinct rating options that allow evaluators to— (I) conduct multiple classroom observations throughout the school year; (II) examine the impact of the teacher or principal on evidence of student learning and evidence of classroom practice; (III) specifically describe and compare differences in performance, growth, and development; and (IV) provide teachers or principals with detailed individualized feedback and evaluation in a manner that allows each teacher or principal to identify the areas of classroom practice that need to be strengthened, refined, and improved; (iv) implementing a formative and summative evaluation process based on the performance standards established under clauses (i) and (ii); (v) rigorous training for evaluators on the performance standards established under clauses (i) and (ii) and the process of conducting effective evaluations, including how to provide specific feedback and improve teaching and principal practice based on evaluation results; (vi) regular monitoring and assessment of the quality and fairness of the evaluation system and the evaluators' judgements, including with respect to— (I) inter-rater reliability, including independent or third-party reviews; (II) student assessments used in the evaluation system; (III) the performance standards established under clauses (i) and (ii); (IV) training and qualifications of evaluators; and (V) timeliness of teacher and principal evaluations and feedback; (vii) a plan and substantive targeted support for teachers and principals who fail to meet the performance standards established under clauses (i) and (ii); (viii) a streamlined, transparent, fair, and objective due process for documentation and removal of teachers and principals who fail to meet such performance standards, as governed by any applicable collective bargaining agreement or State law and after substantive targeted and reasonable support has been provided to such teachers and principals; and (ix) in the case of a local educational agency in a State that has a State evaluation framework, the alignment of the local educational agency's evaluation system with, at a minimum, such framework and the requirements of this paragraph; (4) implement ongoing high-quality support, coaching, and professional development for principals and other school leaders serving the schools targeted for assistance under such subgrant, which shall— (A) include a comprehensive, coherent, high-quality formalized induction program outside the supervisory structure for beginning principals and other school leaders, during not less than the principals’ and other school leaders’ first 2 years of full-time employment as a principal or other school leader in the local educational agency, to develop and improve the knowledge and skills described in subparagraph (B), including— (i) a rigorous mentor or coach selection process based on exemplary administrative expertise and experience; (ii) a program of ongoing opportunities throughout the school year for the mentoring or coaching of beginning principals and other school leaders, including opportunities for regular observation and feedback; (iii) foundational training and ongoing professional development for mentors or coaches; and (iv) the use of research-based leadership standards, formative and summative assessments, or principal and other school leader protocols (such as the National Board for Professional Teaching Standards Certification for Educational Leaders program or the 2008 Interstate School Leaders Licensure Consortium Standards); (B) improve the knowledge and skills of school principals and other school leaders in— (i) planning and articulating a shared and clear schoolwide direction, vision, and strategy for achieving high standards of student performance; (ii) identifying and implementing the activities and rigorous student curriculum and assessments necessary for achieving such standards of performance; (iii) managing and supporting a collaborative culture of ongoing learning and professional development and ensuring quality evidence of classroom practice (including shared or distributive leadership and providing timely and constructive feedback to teachers to improve student learning and strengthen classroom practice); (iv) communicating and engaging parents, families, and local communities and organizations (including engaging in partnerships among elementary schools, secondary schools, and institutions of higher education to ensure the vertical alignment of student learning outcomes); (v) collecting, analyzing, and utilizing data and other tangible evidence of student learning and classroom practice (including the use of formative and summative assessments) to— (I) guide decisions and actions for continuous instructional improvement; and (II) ensure performance accountability; (vi) managing resources and school time to ensure a safe and effective student learning environment; and (vii) designing and implementing strategies for differentiated instruction and effectively identifying and educating diverse learners, including children with disabilities and English language learners; and (C) provide feedback on the performance of beginning principals and other school leaders to local principal and leader preparation programs and recommendations for improving such programs; (5) (A) create or enhance opportunities for teachers and school librarians to assume new school leadership roles and responsibilities, including— (i) serving as mentors, instructional coaches, or master teachers; or (ii) assuming increased responsibility for professional development activities, curriculum development, or school improvement and leadership activities; and (B) provide training for teachers who assume such school leadership roles and responsibilities; and (6) provide significant and sustainable stipends above a teacher’s base salary for teachers that serve as mentors, instructional coaches, teacher leaders, or evaluators under the programs described in this subsection. (b) Survey A local educational agency receiving a subgrant under this part shall conduct a valid and reliable full population survey of teaching and learning, at the school and local educational agency level, and include, as topics in the survey, not less than the following elements essential to improving student learning and retaining effective teachers: (1) Instructional planning time. (2) School leadership. (3) Decisionmaking processes. (4) Professional development. (5) Facilities and resources, including the school library. (6) Beginning teacher induction. (7) School safety and environment. (c) Integration and alignment The system described in subsection (a) shall— (1) integrate and align all of the activities described in such subsection; (2) be informed by, and integrated with, the results of the survey described in subsection (b); (3) be aligned with the State’s school improvement efforts under sections 1116 and 1117; and (4) be aligned with the programs funded under title II of the Higher Education Act of 1965 and other professional development programs authorized under this Act. (d) Eligible entities The assistance required to be provided under this section may be provided— (1) by the local educational agency; or (2) by the local educational agency, in collaboration with— (A) the State educational agency; (B) an institution of higher education; (C) a nonprofit organization; (D) a teacher organization; (E) a principal or school leader organization; (F) an educational service agency; (G) a teaching residency program; or (H) another nonprofit entity with experience in helping schools improve student achievement. 2503. Rule of Construction Nothing in this part shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. 2504. Program evaluation (a) In general Each program required under section 2502(a) shall include a formal evaluation system to determine, at a minimum, the effectiveness of each such program on— (1) student learning; (2) retaining teachers and principals, including differentiating the retainment data by profession and by the level of performance of the teachers and principals, based on the evaluation system described in section 2502(a)(3); (3) teacher, principal, and other school leader practice, which shall include, for teachers and principals, practice measured by the teacher and principal evaluation system described in section 2502(a)(3); (4) student graduation rates, as applicable; (5) teaching, learning, and working conditions; (6) parent, family, and community involvement and satisfaction; (7) student attendance rates; (8) teacher and principal satisfaction; and (9) student behavior. (b) Local educational agency and school effectiveness The formal evaluation system described in subsection (a) shall also measure the effectiveness of the local educational agency and school in— (1) implementing the comprehensive induction program described in section 2502(a)(1); (2) implementing high-quality professional development described in section 2502(a)(2); (3) developing and implementing a rigorous, transparent, and equitable teacher and principal evaluation system described in section 2502(a)(3); (4) implementing mentoring, coaching, and professional development for school principals and other school leaders described in section 2502(a)(4); (5) ensuring that mentors, teachers, and schools are using data to inform instructional practices; and (6) ensuring that the comprehensive induction and high-quality mentoring required under section 2502(a)(1) and the high impact professional development required under section 2502(a)(2) are integrated and aligned with the State’s school improvement efforts under sections 1116 and 1117. (c) Conduct of evaluation The evaluation described in subsection (a) shall be— (1) conducted by the State, an institution of higher education, or an external agency that is experienced in conducting such evaluations; and (2) developed in collaboration with groups such as— (A) experienced educators with track records of success in the classroom; (B) institutions of higher education involved with teacher induction and professional development located within the State; and (C) local teacher, principal, and school leader organizations. (d) Dissemination (1) In general The results of the evaluation described in subsection (a) shall be submitted to the Secretary. (2) Dissemination The Secretary shall make the results of each evaluation described in subsection (a) available to States, local educational agencies, and the public. 2505. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and each succeeding fiscal year. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: Part E—Building School Capacity for Effective Teaching and Leadership Sec. 2501. Local school improvement activities. Sec. 2502. Use of funds. Sec. 2503. Rule of Construction. Sec. 2504. Program evaluation. Sec. 2505. Authorization of appropriations. .

Effective Teaching and Leading Act

Medicare Mental Health Access Act - Amends title XVIII (Medicare) of the Social Security Act to treat as a physician, for Medicare purposes, a clinical psychologist acting within the scope of a psychologist's license (or other state law authorization), but only with respect to the furnishing of clinical psychologists services which the psychologist is legally authorized to perform by the state.

113 S1064 IS: Medicare Mental Health Access Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1064 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Brown Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for treatment of clinical psychologists as physicians for purposes of furnishing clinical psychologist services under the Medicare program. 1. Short title This Act may be cited as the Medicare Mental Health Access Act 2. Treatment of clinical psychologists as physicians for purposes of furnishing clinical psychologist services (a) In general The first sentence of section 1861(r) of the Social Security Act ( 42 U.S.C. 1395x(r) (1) by striking or (5) (2) by inserting before the period the following: , or (6) a clinical psychologist, but only with respect to the furnishing of qualified psychologist services described in subsection (ii) for which the psychologist is legally authorized to perform by the State and who is acting within the scope of the psychologist’s license (or other authorization under State law) (b) Effective date The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 2014.

Medicare Mental Health Access Act

Infant and Toddler Care Improvement Act - Amends the Child Care and Development Block Grant Act of 1990 to direct the Secretary of Health and Human Services (HHS) to make grants to enable eligible states (including Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands) to improve the quality of care for infants and toddlers, especially those from low-income families. Authorizes the use of grant funds to: (1) make grants to organizations with expertise in providing child care and related technical assistance, to establish new staffed family child care networks or to operate existing staffed family child care networks or systems that offer, to family child care providers who are eligible infant and toddler care providers, technical assistance, training, administrative support, or direct services including monitoring visits to providers; (2) support a statewide network of infant and toddler care specialists; and (3) support initiatives to improve the quality of the provider workforce. Allows the use of such funds also to: (1) develop infant and toddler components for the State's Quality Rating and Improvement System or a similar rating system, child care licensing regulations, or voluntary early learning guidelines; (2) improve the ability of parents to obtain information about high-quality infant and toddler care; or (3) assist eligible infant and toddler care providers seeking to increase their ranking on the state's Quality Rating and Improvement System or similar rating system, meet performance standards applicable to an Early Head Start agency, or become accredited by a national accrediting body.

113 S1065 IS: Infant and Toddler Care Improvement Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1065 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Franken Mrs. Murray Committee on Health, Education, Labor, and Pensions A BILL To amend the Child Care and Development Block Grant Act of 1990 to improve the quality of infant and toddler care. 1. Short title This Act may be cited as the Infant and Toddler Care Improvement Act 2. Findings and purposes (a) Findings Congress finds the following: (1) The brain undergoes its most dramatic development during a child’s first 3 years of life, with 700 new neurological connections being formed every second based on early experience. During this time, the brain’s foundational capacities for thinking, language, emotion, and self-regulation are formed. (2) Economic deprivation can also affect the development of the brain and impair all aspects of development. Children in families below the poverty line are at risk for prolonged toxic (3) Child care is second only to the family setting as the place in which early development takes place for many infants and toddlers. Sixty-one percent of mothers with children younger than 3 years of age are in the labor force and over 6,000,000 children younger than 3 years of age are cared for by someone other than their parents for some part or all of the day. Therefore, the relationship between the child and the child care provider often plays a significant role in child development. (4) Research shows that high-quality child care can mitigate some of the effects of adverse experiences caused by poverty and that low-income children can benefit particularly well from high-quality child care. Yet, at-risk children younger than 3 years of age often receive low-quality child care that can lead to poor developmental outcomes. (5) High-quality child care has been shown to promote positive cognitive, language, and social and emotional development, and contribute to academic success. High-quality child care can also help improve a child’s communication skills, cognitive skills, behavioral skills, math and language assessment scores, and verbal intelligence. (6) Providing training and technical assistance to family child care providers who are infant and toddler care providers, through family child care networks, has been shown to improve the quality of caregivers. (7) Twenty-seven States use infant and toddler specialist networks as the structure for providing training and technical assistance, using research-based training and techniques such as mentoring and on-site coaching, to all types of providers of child care for infants or toddlers. (8) Preparation for early childhood educators often does not include training specific to infants and toddlers. Only 21 States have infant and toddler credential requirements that define the particular knowledge and skills needed to work with children younger than 3 years of age. (9) Infants and toddlers have unique needs that differ from those of older children in areas such as health and safety, interaction with teachers and caregivers, and learning, yet not all States recognize those differences in licensing regulations or in their Quality Rating and Improvement Systems. Just 20 States have infant and toddler quality indicators in their Quality Rating and Improvement Systems and only 3 States have separate categories of child care regulations related to infants and toddlers. (b) Purpose The purpose of this Act is to improve the overall quality of child care programs serving infants or toddlers. 3. High-quality infant and toddler care program The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G ( 42 U.S.C. 9858e 658H. High-quality infant and toddler care program (a) Definitions In this section: (1) Eligible infant or toddler care provider The term eligible infant or toddler care provider (2) Infant or toddler The term infant or toddler (3) Infant or toddler with a developmental delay or disability (A) In general The term infant or toddler with a developmental delay or disability infant or toddler with a disability 20 U.S.C. 1432 (B) Plural form The term infants and toddlers with developmental delays or disabilities (4) Limited english proficient The term limited English proficient (5) Low-income community The term low-income community (6) Low-income family The term low-income family (b) Grants (1) In general The Secretary shall make grants to eligible States, from allotments described in paragraph (2), to enable the States to improve the quality of care for infants and toddlers. (2) Allotments (A) Amounts reserved (i) Territories and possessions The Secretary shall reserve an amount not to exceed 0.5 percent of the amount appropriated under this section for each fiscal year for payments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs. (ii) Indian tribes The Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the amount appropriated under this section for each fiscal year for payments to Indian tribes and tribal organizations with applications approved under section 658O(c). (B) Allotments to states After making reservations under subparagraph (A), the Secretary shall use the remainder of the amount appropriated under this section for a fiscal year to allot to each State an amount that bears the same relationship to that remainder as the amount allotted to the State under section 658O for that fiscal year bears to the amount allotted to all States under section 658O for that fiscal year. (C) State In this paragraph, the term State (c) Amendment to State plans A State that receives a grant under this section shall include in the State's plan under section 658E, a description of how the State will use funds provided under this section to improve the quality of infant and toddler care. (d) Use of funds (1) In general A State that receives a grant under this section shall use the funds made available through the grant to carry out 1 or more of the activities described in paragraphs (2) through (7). (2) Increasing high-quality infant and toddler care (A) In general A State may use the funds described in paragraph (1) to make grants to eligible entities to be resources for eligible infant and toddler care providers, to improve the quality of early care and development services provided to infants and toddlers in the community from low-income families and to help such providers serving low-income families improve their capacity to offer high-quality care to such families. (B) Eligible entity To be eligible to receive a grant under this paragraph, an entity shall be an eligible child care provider that— (i) serves infants and toddlers from low-income families; and (ii) (I) is ranked at the top level of the State’s Quality Rating and Improvement System or similar rating system or accredited by a national accrediting body recognized, before the date of enactment of the Infant and Toddler Care Improvement Act, for high-quality program standards that are valid and reliable; or (II) is an Early Head Start agency under section 645A of the Head Start Act ( 42 U.S.C. 9840a 42 U.S.C. 9831 et seq. (C) Priority In making grants under this paragraph, a State— (i) shall give priority to entities that will serve significant populations of low-income families; and (ii) may give priority to entities that— (I) are located in low-income communities; (II) will serve communities with significant populations of families with limited English proficiency; or (III) will increase the ability of caregivers to provide appropriate services and coordinate activities with State and local systems providing services under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. (3) Staffed family child care networks or systems (A) In general A State may use the funds described in paragraph (1) to make grants to organizations with expertise in providing child care and related technical assistance, to establish new staffed family child care networks (new as of the date of amendment of the State plan under subsection (c)) or to operate existing staffed family child care networks or systems that offer, to family child care providers who are eligible infant and toddler care providers, technical assistance, training, administrative support, or direct services including monitoring visits to providers. (B) Priority In making grants under this paragraph, a State— (i) shall give priority to organizations described in paragraph (2)(C)(i); and (ii) may give priority to organizations that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). (4) Statewide network of infant and toddler specialists (A) In general A State may use the funds described in paragraph (1) to support, or to make a grant to an organization with expertise in providing child care technical assistance to support, a statewide network of specialists who are eligible infant and toddler care providers, that shall— (i) provide individual or group training and intensive consultation services to eligible infant and toddler care providers, including relative caregivers, on strategies to improve the quality of care for infants and toddlers; and (ii) assist eligible infant and toddler care providers in coordinating activities with other offices responsible for child care, including Early Head Start programs and Head Start programs carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. (B) Priority In delivering services or making grants under this paragraph, a State— (i) shall give priority to networks that deliver support to providers described in paragraph (2)(C)(i); and (ii) may give priority to networks that deliver support to providers that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). (5) State workforce quality initiatives (A) In general A State may use the funds described in paragraph (1) to support initiatives to improve the quality of the workforce of eligible infant and toddler care providers, such as— (i) providing relevant training, professional development, or mentoring to eligible infant and toddler care providers, including linking the training, development, or mentoring to career pathways for eligible infant and toddler care providers; (ii) providing scholarships or other financial support to eligible infant and toddler care providers to advance their education and training; (iii) coordinating activities with the State’s higher education system to expand the availability and quality of coursework for infant and toddler care providers, including developing career pathways for eligible infant and toddler care providers; or (iv) improving the State credentialing of eligible infant and toddler care providers. (6) Systems quality A State may use the funds described in paragraph (1) to— (A) develop infant and toddler components for the State's Quality Rating and Improvement System or similar rating system, child care licensing regulations, or voluntary early learning guidelines; (B) improve the ability of parents to obtain information about high-quality infant and toddler care; or (C) assist eligible infant and toddler care providers seeking to improve the quality of their infant and toddler care by increasing their ranking on the State’s Quality Rating and Improvement System or similar rating system, meeting performance standards applicable to an Early Head Start agency under the Head Start Act (42 U.S.C. 9831 et seq.), or becoming accredited by a national accrediting body described in paragraph (2)(B)(ii). (7) Other high-quality initiatives A State may use the funds described in paragraph (1) to carry out other activities determined by the State to improve the quality of infant and toddler care provided in the State and for which there is evidence that the activities will lead to improved infant and toddler safety, infant and toddler development, or infant and toddler well-being. (e) Reporting A State that receives a grant under subsection (b) shall submit in the State's annual reports required under section 658K(a)(2), information on how the State is using the funding provided under subsection (b) to improve the quality of infant and toddler care and the effect such funding is having on the quality of infant and toddler care in the State. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. . 4. Conforming amendments (a) Authorization Section 658B of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 (other than section 658H) subchapter (b) Allotment Section 658O(a)(1) of such Act ( 42 U.S.C. 9858m(a)(1) this subchapter section 658B

Infant and Toddler Care Improvement Act

Federal Student Loan Refinancing Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow borrowers that received loans under the William D. Ford Federal Direct Loan (DL) or Federal Family Education Loan (FFEL) program on or after July 1, 2006, to consolidate those loans as Federal Direct Consolidation Loans. Directs the Secretary of Education to consolidate DLs, and send a completed loan consolidation application to FFEL borrowers, within 90 days of this Act's enactment. Gives FFEL borrowers six months after their receipt of such application to endorse it and submit it to the Secretary if they wish to consolidate their loans. Sets the interest rate on Federal Direct Consolidation Loans at 4% or, if the weighted average of the interest rates of the loans being consolidated is less than 4%, the lesser of: (1) that weighted average, or (2) an interest rate equal to 0.4% of the principal balance of the consolidation loan at the time of consolidation. Adds an origination fee equal to 0.4% of the principal balance of the consolidation loan at the time of consolidation if an FFEL is being consolidated. Reduces the interest rate on a Federal Direct Consolidation Loan by 0.25% if one or more of the loans being consolidated is an FFEL held by an eligible lender. Prohibits any benefit a borrower is receiving or earning when issued a Federal Direct Consolidation Loan from being affected by the consolidation.

113 S1066 IS: Federal Student Loan Refinancing Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1066 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To allow certain student loan borrowers to refinance Federal student loans. 1. Short title This Act may be cited as the Federal Student Loan Refinancing Act 2. Student loan consolidation Section 459B of the Higher Education Act of 1965 ( 20 U.S.C. 1087i–2 (1) in subsection (a)(3), by striking section subsection (2) in subsection (b), by striking this section subsection (a) (3) by inserting at the end the following: (c) Temporary Loan Consolidation Authority for certain loans made after July 1, 2006 (1) Loan consolidation authority (A) In General A borrower who has 1 or more loans in a category described in subparagraph (B) may consolidate all of the loans of the borrower that are described in subparagraph (B) into a Federal Direct Consolidation Loan during the period described in subparagraph (C). (B) Categories of loans that may be consolidated The categories of loans that may be consolidated under subparagraph (A) are loans made on or after July 1, 2006, that are— (i) loans made under this part; (ii) loans purchased by the Secretary pursuant to section 459A; and (iii) loans made under part B that are held by an eligible lender, as such term is defined in section 435(d). (C) Time period in which loans may be consolidated (i) Federal Direct Loans In the case of a borrower who has 1 or more loans described under subparagraph (B)(i), the Secretary shall— (I) consolidate the loans described under subparagraph (B)(i) not later than 90 days after the date of enactment of the Federal Student Loan Refinancing Act (II) notify the borrower, in writing, prior to such consolidation that— (aa) the borrower's loans under this part have been consolidated at a lower interest rate; and (bb) the borrower's repayment plan and the other terms and conditions of the borrower's loan remain unchanged. (ii) Other Loans In the case of a borrower who has 1 or more loans described under clause (ii) or (iii) of subparagraph (B), the Secretary shall— (I) initiate the loan consolidation process for the loans described under clause (ii) or (iii) of subparagraph (B), not later than 90 days after the date of enactment of the Federal Student Loan Refinancing Act (II) notify the borrower, as part of such application, that a fee will be assessed and that the interest rate of the Federal Direct Consolidation Loan will be set in accordance with paragraph (2); and (III) notify the borrower, as part of such application, that if the borrower wishes to consolidate in accordance with the completed application, the borrower must endorse the application and submit the application to the Secretary not more than 6 months after receipt of the application. (2) Terms of loans The following terms and conditions shall apply to a Federal Direct Consolidation Loan made under this subsection: (A) The applicable rate of interest on a Federal Direct Consolidation Loan made under this subsection shall be— (i) 4 percent; or (ii) in a case in which the weighted average of the interest rates on the outstanding loans of a borrower that will be consolidated is less than 4 percent, the lesser of— (I) the weighted average of the interest rates on the outstanding loans of a borrower that will be consolidated; or (II) a rate of interest equal to— (aa) 4 percent; minus (bb) 0.4 percent of the principal balance of the consolidation loan, at the time of consolidation. (B) In the case of a loan consolidated under paragraph (1)(C)(ii), an origination fee equal to 0.4 percent of the principal balance of the consolidation loan, at the time of consolidation, will be added to the principal balance of the loan, and the Secretary shall use the fee to cover the cost of making and servicing the loan. (C) If 1 or more of the loans being consolidated is a loan described under subparagraph (B)(iii), the interest rate on the Federal Direct Consolidation Loan under this subsection shall be reduced by 0.25 percent. (D) Any benefit a borrower is receiving or earning at the time a Federal Direct Consolidation loan is issued under this subsection shall not be affected by consolidation under this section, including benefits such as a deferment or forbearance, accumulation of monthly payments as part of the public service loan forgiveness program under section 455(m), accumulation of monthly payments toward a loan discharge under the income-based repayment plan under section 493C, participation in a particular repayment plan, and other benefits to the borrower. . 3. Exemptions from other laws (a) Exemption from the Paperwork Reduction Act Chapter 35 (b) Inapplicability of rulemaking requirements Sections 482(c) and 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1089(c) section 553

Federal Student Loan Refinancing Act

Innovation Inspiration School Grant Program Act - Authorizes the Secretary of Education to award competitive matching grants to local educational agencies (LEAs) to: (1) promote science, technology, engineering (including robotics), and mathematics (STEM) in secondary schools and after school programs; (2) support the participation of secondary school students in nontraditional STEM teaching methods; and (3) broaden secondary school students' access to STEM careers. Gives priority to grant applications that target: (1) a rural or urban school, (2) a low-performing school or LEA, or (3) an LEA or school that serves students who are eligible for free or reduced price lunches under the school lunch program. Authorizes the Secretary to waive all or part of the matching requirement for financially-strapped LEAs. Directs the Secretary to evaluate the efficacy of the grant program.

113 S1067 IS: Innovation Inspiration School Grant Program Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1067 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mrs. Shaheen Mr. Reid Mrs. Gillibrand Ms. Klobuchar Mr. Begich Mr. Coons Mr. Franken Committee on Health, Education, Labor, and Pensions A BILL To establish within the Department of Education the Innovation Inspiration school grant program, and for other purposes. 1. Short title This Act may be cited as the Innovation Inspiration School Grant Program Act 2. Findings Congress makes the following findings: (1) According to the National Science Board’s 2010 Science and Engineering Indicators, only 5 percent of college graduates in the United States major in engineering. In Asia, about 20 percent of all baccalaureate degrees are in engineering and in China about 33 percent of baccalaureate degrees are in engineering. (2) Although 4th graders in the United States score well against international competition, students in the United States fall near the bottom or dead last by 12th grade in mathematics and science, respectively. (3) Admissions requirements for undergraduate engineering schools include a solid background in mathematics (algebra, geometry, trigonometry, and calculus) and science (biology, chemistry, and physics), in addition to courses in English, social studies, and humanities. (4) According to the Bureau of Labor Statistics, overall engineering employment is expected to grow by 11 percent from 2008 through 2018, and, as a group, engineers earn some of the highest average starting salaries among individuals holding baccalaureate degrees. (5) According to the Department of Labor, engineers should be creative, inquisitive, analytical, and detail-oriented. Engineers should be able to work as part of a team and to communicate well, both orally and in writing. Communication abilities are becoming increasingly important as engineers interact more frequently with specialists in a wide range of fields outside engineering. (6) Exposure to project- and problem-based learning, in a competitive team environment, gives 9th through 12th graders the skills that they need to be successful in engineering programs of study and engineering careers. (7) According to Brandeis University’s Center for Youth and Communities, participants in FIRST Robotics (a nonprofit organization that inspires young people to be science and technology leaders by engaging the young people in mentor-based programs)— (A) are more likely than nonparticipants to attend an institution of higher education on a full-time basis (88 percent versus 53 percent); (B) are nearly 2 times as likely to major in a science or engineering field; and (C) are more than 3 times as likely to have majored specifically in engineering. 3. Definitions In this Act: (1) Local educational agency The term local educational agency 20 U.S.C. 7801 (2) Low-income student The term low-income student 42 U.S.C. 1751 et seq. (3) Secondary school The term secondary school 20 U.S.C. 7801 (4) Secretary The term Secretary (5) STEM The term STEM (6) Non-Traditional STEM Teaching Method The term non-traditional STEM teaching method 4. Innovative inspiration school grant program (a) Goals of program The goals of the Innovation Inspiration grant program are— (1) to provide opportunities for local educational agencies to support non-traditional STEM education teaching methods; (2) to support the participation of students in nonprofit STEM competitions; (3) to foster innovation and broaden interest in, and access to, careers in the STEM fields by investing in programs supported by educators and professional mentors who receive hands-on training and ongoing communications that strengthen the interactions of the educators and mentors with— (A) students who are involved in STEM activities; and (B) other students in the STEM classrooms and communities of such educators and mentors; and (4) to encourage collaboration among students, engineers, and professional mentors. (b) Program authorized (1) In general The Secretary is authorized to award grants, on a competitive basis, to local educational agencies to enable the local educational agencies— (A) to promote STEM in secondary schools and after school programs; (B) to support the participation of secondary school students in non-traditional STEM teaching methods; and (C) to broaden secondary school students' access to careers in STEM. (2) Duration The Secretary shall award each grant under this Act for a period of not more than 5 years. (3) Amounts The Secretary shall award a grant under this Act in an amount that is sufficient to carry out the goals of this Act. (c) Application (1) In general Each local educational agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents The application shall, at a minimum, include a description of how the local educational agency will— (A) carry out STEM teaching programs that will use a non-traditional STEM teaching method; (B) identify and recruit partners and mentors— (i) to help carry out the programs described in subparagraph (A); and (ii) to assist students who participate in such programs, including through technology-supported means; (C) support educators who lead such programs, and participants in such programs, through stipends or other incentives; (D) recruit young women and individuals from populations historically underrepresented in the STEM fields to participate in such programs; (E) identify public and private partners that can support such programs with cash or in-kind contributions; (F) plan for sustaining such programs financially beyond the grant period; and (G) evaluate the grant project and the results of the grant project among participating students, including— (i) comparing students who participate in the grant project to similar students who do not participate; and (ii) evaluating— (I) secondary school graduation rates; (II) rates of attendance at institutions of higher education; (III) the number of students taking advanced STEM related secondary school classes; and (IV) the ability of students participating in the grant project to partner with professional mentors. (3) Priority In awarding grants under this section, the Secretary shall give priority to applications from local educational agencies that propose to carry out activities that target— (A) a rural or urban school; (B) a low-performing school or local educational agency; or (C) a local educational agency or school that serves low-income students. (d) Uses of funds (1) In general Each local educational agency that receives a grant under this Act shall use the grant funds for any of the following: (A) STEM education and career activities Promotion of STEM education and career activities. (B) Purchase of parts The purchase of parts and supplies needed to support participation in non-traditional STEM teaching methods. (C) Teacher incentives and stipends Incentives and stipends for teachers involved in non-traditional STEM teaching methods outside of their regular teaching duties. (D) Support and expenses Support and expenses for student participation in regional and national nonprofit STEM competitions. (E) Additional materials and support Additional materials and support, such as equipment, facility use, technology, broadband access, and other expenses, directly associated with non-traditional STEM teaching and mentoring. (F) Evaluation Carrying out the evaluation described in subsection (c)(2)(G). (G) Other Activities Carrying out other activities that are related to the goals of the grant program, as described in subsection (a). (2) Prohibition A local educational agency shall not use grant funds awarded under this Act to participate in any STEM competition that is not a nonprofit competition. (3) Administrative costs Each local educational agency that receives a grant under this Act may use not more than 2 percent of the grant funds for costs related to the administration of the grant project. (e) Matching requirement (1) In general Subject to paragraph (2), each local educational agency that receives a grant under this Act shall secure, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 50 percent of the grant. The non-Federal contribution may be provided in cash or in kind. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for a local educational agency if the Secretary determines that applying the matching requirement would result in a serious financial hardship or a financial inability to carry out the goals of the grant project. (f) Supplement, not supplant Grant funds provided to a local educational agency under this Act shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this Act. (g) Evaluation The Secretary shall establish an evaluation program to determine the efficacy of the grant program established by this Act, which shall include comparing students participating in a grant project funded under this Act to similar students who do not so participate, in order to assess the impact of student participation on— (1) what courses a student takes in the future; and (2) a student's postsecondary study. (h) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2014 through 2018. (2) Limitations Of the amounts appropriated under paragraph (1) for a fiscal year, not more than 2 percent shall be used for the evaluation described under subsection (g).

Innovation Inspiration School Grant Program Act

National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2013 - Reauthorizes and amends authorities relating to the National Oceanic and Atmospheric Administration's Commissioned Officer Corps (NOAA Corps). Title I: General Provisions - (Sec. 101) Sets forth the commissioned grades of the NOAA Corps in relative rank with Navy officers, beginning with vice admiral, rear admiral, and rear admiral (lower half). Maintains the existing distribution percentages of officers on the lineal list in grades of captain, commander, and lieutenant commander. Amends the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 to direct the Secretary of Commerce to prescribe distribution percentages applicable to grades of lieutenant, lieutenant (junior grade), and ensign. Directs the Secretary to compute at least annually the number of officers on the lineal list authorized to serve in each grade. (Sec. 102) Prohibits officers serving in positions of importance and responsibility, and officers recalled from retired status, from being counted in or against the Secretary's computation of authorized strengths or the total number of authorized commissioned officers on the lineal list. (Sec. 103) Directs the Secretary to prescribe obligated service requirements for appointments, training, promotions, separations, continuations, and retirement of officers not otherwise covered by law. (Sec. 104) Authorizes officer training programs and correspondence courses. Requires the Secretary to establish physical fitness standards for officers that are substantially equivalent to those prescribed for Coast Guard officers. Title II: Appointments and Promotion of Officers - (Sec. 201) Revises original appointment and reappointment requirements. Authorizes the reappointment of individuals who previously served in the NOAA Corps to the grade the individual held prior to separation. Permits reappointments to certain designated positions of importance and responsibility to be made only by the President. Directs the Secretary to coordinate with the Secretary of Defense (DOD) and the Secretary of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers, give preference to such inter-service transfers for recruitment purposes, and reappoint such inter-service transfers to the equivalent grade in the NOAA Corps. (Sec. 202) Establishes membership criteria for personnel boards. (Sec. 203) Requires the President, during a period in which the position of the Secretary is vacant, to transfer to the Deputy Secretary of Commerce or the Under Secretary for Oceans and Atmosphere any authority that had been delegated to the Secretary to make appointments or promotions to certain permanent or temporary grades. (Sec. 204) Modifies temporary appointment requirements. Permits temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant to be made by the President. (Sec. 205) Directs the Secretary to determine the number of appointments of officer candidates and to prescribe regulations for such appointments. Establishes guidelines for the appointment, dismissal, and pay of officer candidate appointments. Establishes a basic officer training program. (Sec. 206) Permits the Secretary to make such expenditures as necessary to obtain recruits for the NOAA Corps, including advertising. Title III: Separation and Retirement of Officers - (Sec. 301) Permits deferment of a consenting officer's retirement or separation when evaluation of a medical condition requires hospitalization or observation that cannot be completed before the officer would otherwise be required to retire or be separated. Prohibits such a deferment from extending for more than 30 days after completion of the evaluation requiring hospitalization or medical observation. (Sec. 302) Excludes an officer discharged for twice failing selection for promotion to the next higher grade (if the officer expresses a desire not to be selected for promotion or requests removal from the list of selectees) from certain separation pay entitlements. Title IV: Rights and Benefits - (Sec. 401) Establishes an education loan repayment program in exchange for active duty service obligations of certain students enrolled at accredited educational institutions and other eligible persons. (Sec. 402) Establishes a student loan interest payment program for specified loans under the Higher Education Act of 1965 to eligible active duty officers who have not completed more than three years of active duty service. (Sec. 403) Establishes a pre-commissioning education assistance program for certain students enrolled at accredited educational institutions who agree to accept appointment as active duty officers. (Sec. 404) Directs the Secretary to limit the amount expended for such educational assistance each fiscal year to a specified amount based on a formula relating to the total pay of officer candidates. (Sec. 405) Applies specified rights and benefits of the Armed Forces to the NOAA Corps, including benefits and services for members being separated or recently separated, military family programs, advanced education assistance, active duty agreements, and reimbursement requirements. (Sec. 406) Expands various pay and allowances requirements of the Armed Forces to the NOAA Corps. (Sec. 407) Extends the application of certain competitive service position consideration requirements to applicants honorably separated from the NOAA Corps. (Sec. 408) Extends eligibility for the Legion of Merit award to all members of the uniformed services. (Sec. 409) Applies uniformed service civilian employment and reemployment rights to the NOAA Corps. (Sec. 410) Expands to the NOAA Corps certain laws protecting communications of members of the Armed Forces with Members of Congress and the Inspector General and prohibiting retaliatory personnel actions for specified communications. (Sec. 411) Expands the criminal penalty for wearing a uniform without authority to include NOAA Corps uniforms. (Sec. 412) Requires the Secretary, when accepting employment applications for positions for which consideration will be limited to certain individuals already serving within NOAA, to deem an officer who has served as a commissioned corps officer for at least three years to be serving in a career or career-conditional position in the competitive service within NOAA. Title V: Other Matters - (Sec. 502) Directs the Secretary to report to Congress on the current status and projected needs of the NOAA Corps (including attrition rates, recruitment, and areas of duplication) to operate sufficiently through FY2017. (Sec. 503) Requires specified provisions of this Act to take effect 90 days after the Secretary submits such report to Congress.

113 S1068 IS: National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1068 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Begich Mr. Wicker Mr. Schatz Committee on Commerce, Science, and Transportation A BILL To reauthorize and amend the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002. TITLE I—General provisions Sec. 101. Strength and distribution in grade. Sec. 102. Exclusion of officers recalled from retired status and positions of importance and responsibility from number of authorized commissioned officers. Sec. 103. Obligated service requirement. Sec. 104. Training and physical fitness. TITLE II—Appointments and promotion of officers Sec. 201. Appointments. Sec. 202. Personnel boards. Sec. 203. Delegation of authority for appointments and promotions to permanent grades. Sec. 204. Temporary appointments. Sec. 205. Officer candidates. Sec. 206. Procurement of personnel. TITLE III—Separation and retirement of officers Sec. 301. Involuntary retirement or separation. Sec. 302. Separation pay. TITLE IV—Rights and benefits Sec. 401. Education loan repayment program. Sec. 402. Interest payment program. Sec. 403. Student pre-commissioning education assistance program. Sec. 404. Limitation on educational assistance. Sec. 405. Applicability of certain provisions of title 10, United States Code. Sec. 406. Applicability of certain provisions of title 37, United States Code. Sec. 407. Application of certain provisions of competitive service law. Sec. 408. Eligibility of all members of uniformed services for Legion of Merit award. Sec. 409. Application of Employment and Reemployment Rights of Members of the Uniformed Services to members of commissioned officer corps. Sec. 410. Protected communications for commissioned officer corps and prohibition of retaliatory personnel actions. Sec. 411. Criminal penalties for wearing uniform without authority. TITLE V—Other matters Sec. 501. Technical correction. Sec. 502. Report. Sec. 503. Effective date. 2. References to National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3001 et seq. I General provisions 101. Strength and distribution in grade Section 214 (33 U.S.C. 3004) is amended to read as follows: 214. Strength and distribution in grade (a) Grades The commissioned grades in the commissioned officer corps of the Administration are the following, in relative rank with officers of the Navy: (1) Vice admiral. (2) Rear admiral. (3) Rear admiral (lower half). (4) Captain. (5) Commander. (6) Lieutenant commander. (7) Lieutenant. (8) Lieutenant (junior grade). (9) Ensign. (b) Proportion (1) In general The officers on the lineal list shall be distributed in grade in the following percentages: (A) 8 in the grade of captain. (B) 14 in the grade of commander. (C) 19 in the grade of lieutenant commander. (2) Grades below lieutenant commander The Secretary shall prescribe, with respect to the distribution on the lineal list in grade, the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. (c) Annual computation of number in grade (1) In general Not less frequently than once each year, the Secretary shall make a computation to determine the number of officers on the lineal list authorized to be serving in each grade. (2) Method of computation The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made. (3) Fractions If a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole number shall be taken. If the fraction is ½ (d) Temporary increase in numbers The total number of officers authorized by law to be on the lineal list during a fiscal year may be temporarily exceeded if the average number on that list during that fiscal year does not exceed the authorized number. (e) Positions of importance and responsibility Officers serving in positions designated under section 228(a) and officers recalled from retired status shall not be counted when computing authorized strengths under subsection (c) and shall not count against those strengths. (f) Preservation of grade and pay No officer may be reduced in grade or pay or separated from the commissioned officer corps of the Administration as the result of a computation made to determine the authorized number of officers in the various grades. . 102. Exclusion of officers recalled from retired status and positions of importance and responsibility from number of authorized commissioned officers Section 215 ( 33 U.S.C. 3005 (1) in the matter before paragraph (1), by striking Effective (a) In general Effective ; and (2) by adding at the end the following new subsection: (b) Positions of importance and responsibility Officers serving in positions designated under section 228 and officers recalled from retired status— (1) may not be counted in determining the total number of authorized officers on the lineal list under this section; and (2) may not count against such number. . 103. Obligated service requirement (a) In general Subtitle A ( 33 U.S.C. 3001 et seq. 216. Obligated service requirement (a) In general (1) Rulemaking The Secretary shall prescribe the obligated service requirements for appointments, training, promotions, separations, continuations, and retirement of officers not otherwise covered by law. (2) Written agreements The Secretary and officers shall enter into written agreements that describe the officers’ obligated service requirements prescribed under paragraph (1) in return for such appointments, training, promotions, separations, and retirements as the Secretary considers appropriate. (b) Repayment for failure To satisfy requirements (1) In general The Secretary may require an officer who fails to meet the service requirements prescribed under subsection (a)(1) to reimburse the Secretary in an amount that bears the same ratio to the total costs of the training provided to that officer by the Secretary as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve. (2) Obligation as debt to United States An obligation to reimburse the Secretary under paragraph (1) shall be considered for all purposes as a debt owed to the United States. (3) Discharge in bankruptcy A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of a written agreement entered into under subsection (a)(2) does not discharge the individual signing the agreement from a debt arising under such agreement. (c) Waiver or suspension of compliance The Secretary may waive the service obligation of an officer who— (1) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that officer; or (2) is— (A) not physically qualified for appointment; and (B) determined to be unqualified for service in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the officer's own misconduct or grossly negligent conduct. . (b) Clerical amendment The table of sections in section 1 of the Act entitled An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 216. Obligated service requirement. . 104. Training and physical fitness (a) In general Subtitle A ( 33 U.S.C. 3001 et seq. 217. Training and physical fitness (a) Training The Secretary may take such measures as may be necessary to ensure that officers are prepared to carry out their duties in the commissioned officer corps of the Administration and proficient in the skills necessary to carry out such duties. Such measures may include the following: (1) Carrying out training programs and correspondence courses, including establishing and operating a basic officer training program to provide initial indoctrination and maritime vocational training for officer candidates as well as refresher training, mid-career training, aviation training, and such other training as the Secretary considers necessary for officer development and proficiency. (2) Providing officers and officer candidates with books and school supplies. (3) Acquiring such equipment as may be necessary for training and instructional purposes. (b) Physical fitness The Secretary shall ensure that officers maintain a high physical state of readiness by establishing standards of physical fitness for officers that are substantially equivalent to those prescribed for officers in the Coast Guard. . (b) Clerical amendment The table of sections in section 1 of the Act entitled An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 217. Training and physical fitness. . II Appointments and promotion of officers 201. Appointments (a) Original appointments (1) In general Section 221 ( 33 U.S.C. 3021 221. Original appointments and reappointments (a) Original appointments (1) Grades (A) In general Except as provided in subparagraph (B), an original appointment of an officer may be made in such grades as may be appropriate for— (i) the qualification, experience, and length of service of the appointee; and (ii) the commissioned officer corps of the Administration. (B) Appointment of officer candidates (i) Limitation on grade An original appointment of an officer candidate, upon graduation from the basic officer training program of the commissioned officer corps of the Administration, may not be made in any other grade than ensign. (ii) Rank Officer candidates receiving appointments as ensigns upon graduation from basic officer training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation. (2) Source of appointments An original appointment may be made from among the following: (A) Graduates of the basic officer training program of the commissioned officer corps of the Administration. (B) Graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A). (C) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer, who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A). (3) Military service academies of the United States defined In this subsection, the term military service academies of the United States (A) The United States Military Academy, West Point, New York. (B) The United States Naval Academy, Annapolis, Maryland. (C) The United States Air Force Academy, Colorado Springs, Colorado. (D) The United States Coast Guard Academy, New London, Connecticut. (E) The United States Merchant Marine Academy, Kings Point, New York. (b) Reappointment (1) In general Except as provided in paragraph (2), an individual who previously served in the commissioned officer corps of the Administration may be appointed by the Secretary to the grade the individual held prior to separation. (2) Reappointments to higher grades An appointment under paragraph (1) to a position of importance and responsibility designated under section 228 may only be made by the President. (c) Qualifications An appointment under subsection (a) or (b) may not be given to an individual until the individual's mental, moral, physical, and professional fitness to perform the duties of an officer has been established under such regulations as the Secretary shall prescribe. (d) Precedence of appointees Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine. (e) Inter-Service transfers For inter-service transfers (as described in the Department of Defense Directive 1300.4 (dated December 27, 2006)) the Secretary shall— (1) coordinate with the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers; (2) give preference to such inter-service transfers for recruitment purposes as determined appropriate by the Secretary; and (3) reappoint such inter-service transfers to the equivalent grade in the commissioned officer corps. . (2) Clerical amendment The table of sections in section 1 of the Act entitled An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 221. Original appointments and reappointments. . 202. Personnel boards Section 222 ( 33 U.S.C. 3022 222. Personnel boards (a) Convening Not less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. (b) Membership (1) In general A board convened under subsection (a) shall consist of 5 or more officers who are serving in or above the permanent grade of the officers under consideration by the board. (2) Retired officers Officers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary. (3) No membership on 2 successive boards No officer may be a member of 2 successive personnel boards convened to consider officers of the same grade for promotion or separation. (c) Duties Each personnel board shall— (1) recommend to the Secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error; and (2) make selections and recommendations to the Secretary and the President for the appointment, promotion, involuntary separation, continuation, and involuntary retirement of officers in the commissioned officer corps of the Administration as prescribed in this title. (d) Action on recommendations not acceptable If any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further recommendations as the Secretary or the President consider appropriate. . 203. Delegation of authority for appointments and promotions to permanent grades Section 226 ( 33 U.S.C. 3026 (1) by striking Appointments (a) In general Appointments ; and (2) by adding at the end the following: (b) Delegation of appointment authority If the President delegates authority to the Secretary to make appointments under this section, the President shall, during a period in which the position of the Secretary is vacant, delegate such authority to the Deputy Secretary of Commerce or the Under Secretary for Oceans and Atmosphere during such period. . 204. Temporary appointments Section 229 ( 33 U.S.C. 3029 229. Temporary appointments (a) Appointments by President Temporary appointments in the grade of ensign, lieutenant junior grade, or lieutenant may be made by the President. (b) Termination A temporary appointment to a position under subsection (a) shall terminate upon approval of a permanent appointment for such position made by the President. (c) Order of precedence Appointees under subsection (a) shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. The order of precedence of appointees who are appointed on the same date shall be determined by the Secretary. (d) Any one grade When determined by the Secretary to be in the best interest of the commissioned officer corps, officers in any permanent grade may be temporarily promoted one grade by the President. Any such temporary promotion terminates upon the transfer of the officer to a new assignment. (e) Delegation of appointment authority If the President delegates authority to the Secretary to make appointments under this section, the President shall, during a period in which the position of the Secretary is vacant, delegate such authority to the Deputy Secretary of Commerce or the Under Secretary for Oceans and Atmosphere during such period. . 205. Officer candidates (a) In general Subtitle B ( 33 U.S.C. 3021 et seq. 234. Officer candidates (a) Determination of number The Secretary shall determine the number of appointments of officer candidates. (b) Appointment Appointment of officer candidates shall be made under regulations which the Secretary shall prescribe, including regulations with respect to determining age limits, methods of selection of officer candidates, term of service as an officer candidate before graduation from the program, and all other matters affecting such appointment. (c) Dismissal The Secretary may dismiss from the basic officer training program of the Administration any officer candidate who, during the officer candidate's term as an officer candidate, the Secretary considers unsatisfactory in either academics or conduct, or not adapted for a career in the commissioned officer corps of the Administration. Officer candidates shall be subject to rules governing discipline prescribed by the Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. (d) Agreement (1) In general Each officer candidate shall sign an agreement with the Secretary in accordance with section 216(a)(2) regarding the officer candidate's term of service in the commissioned officer corps of the Administration. (2) Elements An agreement signed by an officer candidate under paragraph (1) shall provide that the officer candidate agrees to the following: (A) That the officer candidate will complete the course of instruction at the basic officer training program of the Administration. (B) That upon graduation from the such program, the officer candidate— (i) will accept an appointment, if tendered, as an officer; and (ii) will serve on active duty for at least 4 years immediately after such appointment. (e) Regulations The Secretary shall prescribe regulations to carry out this section. Such regulations shall include— (1) standards for determining what constitutes a breach of an agreement signed under such subsection (d)(1); and (2) procedures for determining whether such a breach has occurred. (f) Repayment An officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under section (d) shall be subject to the repayment provisions of section 216(b). . (b) Clerical amendment The table of sections in section 1 of the Act entitled An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 234. Officer candidates. . (c) Officer candidate defined Section 212 ( 33 U.S.C. 3002 (1) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and (2) by inserting after paragraph (3) the following: (4) Officer candidate The term officer candidate . (d) Pay for officer candidates Section 203 (f) (1) An officer candidate enrolled in the basic officer training program of the commissioned officer corps of the National Oceanic and Atmospheric Administration is entitled, while participating in such program, to monthly officer candidate pay at monthly rate equal to the basic pay of an enlisted member in the pay grade E–5 with less than 2 years service. (2) An individual who graduates from such program shall receive credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer. If the individual does not graduate from such program, such time shall not be considered creditable for active duty or pay. . 206. Procurement of personnel (a) In general Subtitle B ( 33 U.S.C. 3021 et seq. 235. Procurement of personnel The Secretary may make such expenditures as the Secretary considers necessary in order to obtain recruits for the commissioned officer corps of the Administration, including advertising. . (b) Clerical amendment The table of sections in section 1 of the Act entitled An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes Public Law 107–372 235. Procurement of personnel. . III Separation and retirement of officers 301. Involuntary retirement or separation Section 241 (33 U.S.C. 3041) is amended by adding at the end the following: (d) Deferment of retirement or separation for medical reasons (1) In general If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer's well being before the date on which the officer would otherwise be required to retire or be separated under this section, the Secretary may defer the retirement or separation of the officer. (2) Consent required A deferment may only be made with the written consent of the officer involved. If the officer does not provide written consent to the deferment, the officer shall be retired or separated as scheduled. (3) Limitation A deferral of retirement or separation under this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation. . 302. Separation pay Section 242 (33 U.S.C. 3042) is amended by adding at the end the following: (d) Exception An officer discharged for twice failing selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer— (1) expresses a desire not to be selected for promotion; or (2) requests removal from the list of selectees. . IV Rights and benefits 401. Education loan repayment program (a) In general Subtitle E ( 33 U.S.C. 3071 et seq. 267. Education loan repayment program (a) Authority To repay education loans For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty who have skills required by the commissioned officer corps, the Secretary may repay, in the case of a person described in subsection (b), a loan that— (1) was used by the person to finance education; and (2) was obtained from a governmental entity, private financial institution, educational institution, or other authorized entity. (b) Eligible persons To be eligible to obtain a loan repayment under this section, a person must— (1) satisfy 1 of the requirements specified in subsection (c); (2) be fully qualified for, or hold, an appointment as a commissioned officer in the commissioned officer corps of the Administration; and (3) sign a written agreement to serve on active duty, or, if on active duty, to remain on active duty for a period in addition to any other incurred active duty obligation. (c) Academic and professional requirements One of the following academic requirements must be satisfied for purposes of determining the eligibility of an individual for a loan repayment under this section: (1) The person is fully qualified in a profession that the Secretary has determined to be necessary to meet identified skill shortages in the commissioned officer corps. (2) The person is enrolled as a full-time student in the final year of a course of study at an accredited educational institution (as determined by the Secretary of Education) leading to a degree in a profession that will meet identified skill shortages in the commissioned officer corps. (d) Loan repayments (1) In general Subject to the limits established under paragraph (2), a loan repayment under this section may consist of the payment of the principal, interest, and related expenses of a loan obtained by a person described in subsection (b). (2) Limitation on amount For each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(3), the Secretary may pay not more than the amount specified in section 2173(e)(2) of title 10, United States Code. (e) Active duty service obligation (1) In general A person entering into an agreement described in subsection (b)(3) incurs an active duty service obligation. (2) Length of obligation determined under regulations (A) In general Except as provided in subparagraph (B), the length of the obligation under paragraph (1) shall be determined under regulations prescribed by the Secretary. (B) Minimum obligation The regulations prescribed under subparagraph (A) may not provide for a period of obligation of less than 1 year for each maximum annual amount, or portion thereof, paid on behalf of the person for qualified loans. (3) Persons on active duty before entering into agreement The active duty service obligation of persons on active duty before entering into the agreement shall be served after the conclusion of any other obligation incurred under the agreement. (f) Effect of failure To complete obligation (1) Alternative obligations An officer who is relieved of the officer's active duty obligation under this section before the completion of that obligation may be given any alternative obligation, at the discretion of the Secretary. (2) Repayment An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b)(3), or the alternative obligation imposed under paragraph (1), shall be subject to the repayment provisions under section 216. (g) Rulemaking The Secretary shall prescribe regulations to carry out this section, including— (1) standards for qualified loans and authorized payees; and (2) other terms and conditions for the making of loan repayments. . (b) Clerical amendment The table of sections in section 1 of the Act entitled An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 267. Education loan repayment program. . 402. Interest payment program (a) In general Subtitle E ( 33 U.S.C. 3071 et seq. 268. Interest payment program (a) Authority The Secretary may pay the interest and any special allowances that accrue on 1 or more student loans of an eligible officer, in accordance with this section. (b) Eligible officers An officer is eligible for the benefit described in subsection (a) while the officer— (1) is serving on active duty; (2) has not completed more than 3 years of service on active duty; (3) is the debtor on 1 or more unpaid loans described in subsection (c); and (4) is not in default on any such loan. (c) Student loans The authority to make payments under subsection (a) may be exercised with respect to the following loans: (1) A loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.). (2) A loan made under part D of such title (20 U.S.C. 1087a et seq.). (3) A loan made under part E of such title (20 U.S.C. 1087aa et seq.). (d) Maximum benefit Interest and any special allowance may be paid on behalf of an officer under this section for any of the 36 consecutive months during which the officer is eligible under subsection (b). (e) Funds for payments The Secretary may use amounts appropriated for the pay and allowances of personnel of the commissioned officer corps of the Administration for payments under this section. (f) Coordination with Secretary of Education (1) In general The Secretary shall consult with the Secretary of Education regarding the administration of this section. (2) Transfer of funds The Secretary shall transfer to the Secretary of Education the funds necessary— (A) to pay interest and special allowances on student loans under this section (in accordance with sections 428(o), 455(l), and 464(j) of the Higher Education Act of 1965 ( 20 U.S.C. 1078(o) (B) to reimburse the Secretary of Education for any reasonable administrative costs incurred by the Secretary in coordinating the program under this section with the administration of the student loan programs under parts B, D, and E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. (g) Special allowance defined In this section, the term special allowance . (b) Conforming amendments (1) Section 428(o) of the Higher Education Act of 1965 ( 20 U.S.C. 1078(o) (A) by striking the subsection heading and inserting Armed Forces and NOAA Commissioned Officer Corps Student Loan Interest Payment Programs (B) in paragraph (1)— (i) by inserting or section 264 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 Code, (ii) by inserting or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively, Armed Forces (2) Sections 455(l) and 464(j) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(l) (A) by striking the subsection heading and inserting Armed Forces and NOAA Commissioned Officer Corps Student Loan Interest Payment Programs (B) in paragraph (1)— (i) by inserting or section 264 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 Code, (ii) by inserting or an officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration, respectively Armed Forces (c) Clerical amendment The table of sections in section 1 of the Act entitled An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 268. Interest payment program. . 403. Student pre-commissioning education assistance program (a) In general Subtitle E ( 33 U.S.C. 3071 et seq. 269. Student pre-commissioning education assistance program (a) Authority To provide financial assistance For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty, the Secretary may provide financial assistance to a person described in subsection (b) for expenses of the person while the person is pursuing on a full-time basis at an accredited educational institution (as determined by the Secretary of Education) a program of education approved by the Secretary that leads to— (1) a baccalaureate degree in not more than 5 academic years; or (2) a postbaccalaureate degree. (b) Eligible persons (1) In general A person is eligible to obtain financial assistance under subsection (a) if the person— (A) is enrolled on a full-time basis in a program of education referred to in subsection (a) at any educational institution described in such subsection; (B) meets all of the requirements for acceptance into the commissioned officer corps of the Administration except for the completion of a baccalaureate degree; and (C) enters into a written agreement with the Secretary described in paragraph (2). (2) Agreement A written agreement referred to in paragraph (1)(C) is an agreement between the person and the Secretary in which the person agrees— (A) to accept an appointment as an officer, if tendered; and (B) upon completion of the person's educational program, agrees to serve on active duty, immediately after appointment, for— (i) up to 3 years if the person received less than 3 years of assistance; and (ii) up to 5 years if the person received at least 3 years of assistance. (c) Qualifying expenses Expenses for which financial assistance may be provided under subsection (a) are the following: (1) Tuition and fees charged by the educational institution involved. (2) The cost of books. (3) In the case of a program of education leading to a baccalaureate degree, laboratory expenses. (4) Such other expenses as the Secretary considers appropriate. (d) Limitation on amount The Secretary shall prescribe the amount of financial assistance provided to a person under subsection (a), which may not exceed the amount specified in section 2173(e)(2) (e) Duration of assistance Financial assistance may be provided to a person under subsection (a) for not more than 5 consecutive academic years. (f) Subsistence allowance (1) In general A person who receives financial assistance under subsection (a) shall be entitled to a monthly subsistence allowance at a rate prescribed under paragraph (2) for the duration of the period for which the person receives such financial assistance. (2) Determination of amount The Secretary shall prescribe monthly rates for subsistence allowance provided under paragraph (1), which shall be equal to the amount specified in section 2144(a) (g) Initial clothing allowance (1) Training The Secretary may prescribe a sum which shall be credited to each person who receives financial assistance under subsection (a) to cover the cost of the person's initial clothing and equipment issue. (2) Appointment Upon completion of the program of education for which a person receives financial assistance under subsection (a) and acceptance of appointment in the commissioned officer corps of the Administration, the person may be issued a subsequent clothing allowance equivalent to that normally provided to a newly appointed officer. (h) Termination of financial assistance (1) In general The Secretary shall terminate the assistance provided to a person under this section if— (A) the Secretary accepts a request by the person to be released from an agreement described in subsection (b)(2); (B) the misconduct of the person results in a failure to complete the period of active duty required under the agreement; or (C) the person fails to fulfill any term or condition of the agreement. (2) Reimbursement The Secretary may require a person who receives assistance described in subsection (c), (f), or (g) under an agreement entered into under subsection (b)(1)(C) to reimburse the Secretary in an amount that bears the same ratio to the total costs of the assistance provided to that person as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve under the agreement. (3) Waiver The Secretary may waive the service obligation of a person through an agreement entered into under subsection (b)(1)(C) if the person— (A) becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that person; or (B) is— (i) not physically qualified for appointment; and (ii) determined to be unqualified for service in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the person's own misconduct or grossly negligent conduct. (4) Obligation as debt to United States An obligation to reimburse the Secretary imposed under paragraph (2) is, for all purposes, a debt owed to the United States. (5) Discharge in bankruptcy A discharge in bankruptcy under title 11, United States Code, that is entered less than 5 years after the termination of a written agreement entered into under subsection (b)(1)(C) does not discharge the person signing the agreement from a debt arising under such agreement or under paragraph (2). (i) Regulations The Secretary may promulgate such regulations and orders as the Secretary considers appropriate to carry out this section. . (b) Clerical amendment The table of sections in section 1 of the Act entitled An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 269. Student pre-commissioning education assistance program. . 404. Limitation on educational assistance (a) In general Each fiscal year, beginning with fiscal year 2013, the Secretary of Commerce shall ensure that the total amount expended by the Secretary under section 267 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (as added by section 401(a)), section 268 of such Act (as added by section 402(a)), and section 269 of such Act (as added by section 403(a)) does not exceed the amount by which— (1) the total amount the Secretary would pay in that fiscal year to officer candidates under section 203(f)(1) (2) the total amount the Secretary actually pays in that fiscal year to officer candidates under section 203(f)(1) of such title (as so added). (b) Officer candidate defined In this section, the term officer candidate 33 U.S.C. 3002 405. Applicability of certain provisions of title 10, United States Code Section 261(a) ( 33 U.S.C. 3071(a) (1) by redesignating paragraphs (13) through (16) as paragraphs (20) through (23), respectively; (2) by redesignating paragraphs (7) through (12) as paragraphs (12) through (17), respectively; (3) by redesignating paragraphs (4) through (6) as paragraphs (8) through (10), respectively; (4) by inserting after paragraph (3) the following: (4) Section 771, relating to unauthorized wearing of uniforms. (5) Section 774, relating to wearing religious apparel while in uniform. (6) Section 982, relating to service on State and local juries. (7) Section 1031, relating to administration of oaths. ; (5) by inserting after paragraph (10), as redesignated, the following: (11) Chapter 58, relating to the Benefits and Services for members being separated or recently separated. ; and (6) by inserting after paragraph (17), as redesignated, the following: (18) Subchapter I of chapter 88, relating to Military Family Programs. (19) Section 2005, relating to advanced education assistance, active duty agreements, and reimbursement requirements. . 406. Applicability of certain provisions of title 37, United States Code (a) In general Subtitle E ( 33 U.S.C. 3071 et seq. 261A. Applicability of certain provisions of title 37, United States Code (a) Provisions made applicable to commissioned officer corps The provisions of law applicable to the Armed Forces under the following provisions of title 37, United States Code, shall apply to the commissioned officer corps of the Administration: (1) Section 324, relating to accession bonuses for new officers in critical skills. (2) Section 403(f)(3), relating to prescribing regulations defining the terms field duty sea duty (3) Section 403(l), relating to temporary continuation of housing allowance for dependents of members dying on active duty. (4) Section 414(a)(2), relating to personal money allowance while serving as Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. (5) Section 428, relating to allowances for recruiting expenses. (6) Section 435, relating to allowances for funeral honors duty. (b) References The authority vested by title 37, United States Code, in the military departments the Secretary concerned the Secretary of Defense . (b) Clerical amendment The table of sections in section 1 of the Act entitled An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 261A. Applicability of certain provisions of title 37, United States Code. . 407. Application of certain provisions of competitive service law Section 3304(f) (1) in paragraph (1), by inserting and members of the commissioned officer corps of the National Oceanic and Atmospheric Administration (or its predecessor organization the Coast and Geodetic Survey) separated from such uniformed service separated from the armed forces (2) in paragraph (2), by striking or veteran , veteran, or member (3) in paragraph (4), by inserting and members of the commissioned officer corps of the National Oceanic and Atmospheric Administration (or its predecessor organization the Coast and Geodetic Survey) separated from such uniformed service separated from the armed forces 408. Eligibility of all members of uniformed services for Legion of Merit award Section 1121 armed forces uniformed services 409. Application of Employment and Reemployment Rights of Members of the Uniformed Services to members of commissioned officer corps Section 4303(16) of title 38, United States Code, is amended by inserting the commissioned officer corps of the National Oceanic and Atmospheric Administration, Public Health Service, 410. Protected communications for commissioned officer corps and prohibition of retaliatory personnel actions (a) In general Subsection (a) of section 261 (33 U.S.C. 3071), as amended by section 405, is further amended— (1) by redesignating paragraphs (8) through (23) as paragraphs (9) through (24), respectively; and (2) by inserting after paragraph (7) the following: (8) Section 1034, relating to protected communications and prohibition of retaliatory personnel actions. . (b) Conforming amendment Subsection (b) of such section is amended by adding at the end the following: For purposes of paragraph (8) of subsection (a), the term Inspector General 411. Criminal penalties for wearing uniform without authority Section 702 of title 18, United States Code, is amended by striking Service or any Service, the commissioned officer corps of the National Oceanic and Atmospheric Administration, or any V Other matters 501. Technical correction Section 101(21)(C) in the commissioned officer corps of the National 502. Report (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to Congress a report evaluating the current status and projected needs of the commissioned officer corps of the National Oceanic and Atmospheric Administration to operate sufficiently through fiscal year 2017. (b) Contents The report required by subsection (a) shall include the following: (1) The average annual attrition rate of officers in the commissioned officer corps of the National Oceanic and Atmospheric Administration. (2) An estimate of the number of annual recruits that would reasonably be required to operate the commissioned officer corps sufficiently through fiscal year 2017. (3) The projected impact of this Act on annual recruitment numbers through fiscal year 2017. (4) Identification of areas of duplication or unnecessary redundancy in current activities of the commissioned officer corps that could otherwise be streamlined or eliminated to save costs. (5) Such other matters as the Secretary considers appropriate regarding the provisions of this Act and the amendments made by this Act. 503. Effective date Notwithstanding any other provision of this Act, sections 101 through 411 shall take effect on the date that is 90 days after the date on which the Secretary of Commerce submits to Congress the report required by section 502(a).

National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2013

Every Child Deserves a Family Act - Prohibits an entity that receives federal assistance and is involved in adoption or foster care placements from discriminating against prospective adoptive or foster parents solely on the basis of their sexual orientation, gender identification, or marital status or on the basis of the sexual orientation or gender identity of the child involved. Requires the Secretary of Health and Human Services (HHS), in order to ensure compliance with, and ensure understanding of the legal, practice, and culture changes required by this Act in making foster care and adoption placement decisions, to provide specified technical assistance to all entities covered by this Act. Requires a Government Accountability Office (GAO) study of whether states have substantially complied with this Act in eliminating policies, practices, or statutes that deny adoption rights on the basis of these criteria.

113 S1069 IS: Every Child Deserves a Family Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1069 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mrs. Gillibrand Mr. Schumer Ms. Warren Mrs. Murray Mr. Wyden Mr. Franken Mr. Lautenberg Committee on Finance A BILL To prohibit discrimination in adoption or foster care placements based on the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved. 1. Short title This Act may be cited as the Every Child Deserves a Family Act 2. Congressional findings and purposes (a) Findings Congress finds the following: (1) There is a shortage of qualified individuals willing to adopt or foster a child in the child welfare system. As a result, thousands of foster children lack a permanent and safe home. (2) In order to open more homes to foster children, child welfare agencies should work to eliminate sexual orientation, gender identity, and marital status discrimination and bias in adoption and foster care recruitment, selection, and placement procedures. (3) Of the estimated 400,000 children in the United States foster care system, more than 104,000 cannot return to their original families and are legally free for adoption. (A) 50,516 children were adopted in 2011, while 26,286 youth aged out (B) Research shows that youth who age out (C) Increasing adoption rates, in addition to establishing permanency and decreasing risk factors for foster youth, can yield annual national cost savings between $3,300,000,000 and $6,300,000,000. (4) Experts agree that in many States, lesbian, gay, bisexual, and transgender youth experience discrimination, harassment, and violence in the foster care system because of their sexual orientation or gender identity. (5) Approximately 60 percent of homeless lesbian, gay, bisexual, and transgender youth were previously in foster care. According to the Urban Justice Center, many of these young people reported that living on the streets felt safer (6) According to the Williams Institute, an estimated 19 percent of same-sex couple households include children under 18 years of age. (7) The Williams Institute estimates that 3,000,000 lesbian, gay, bisexual, and transgender people have had a child and as many as 6,000,000 American adults and children have a lesbian, gay, bisexual, or transgender parent. Among adults under 50 years of age living alone or with a spouse or partner, 48 percent of lesbian, bisexual, or transgender women are raising a child under 18 years of age, and 20 percent of gay, bisexual, or transgender men are doing so. (8) As of 2013, same-sex couples are raising 1.4 percent of adopted children with 2 parents and are fostering 1.7 percent of foster children living with 2 parents. A 2007 report from the Williams Institute found that an additional 2,000,000 gay, lesbian, and bisexual individuals are interested in adoption. (9) According to the Williams Institute/Urban Institute, same-sex couples raising adopted children tend to be older than, just as educated as, and have access to the same economic resources as other adoptive parents. Studies confirm that children with same-sex parents have the same advantages and same expectations for health, social, and psychological adjustment, and development as children whose parents are heterosexual. (10) An Evan B. Donaldson Adoption Institute study found that 1/3 (A) The practice of prohibiting applicants from becoming foster parents or adopting children solely on the basis of sexual orientation or marital status has resulted in reducing the number of qualified adoptive and foster parents overall and denying gay, lesbian, bisexual, and unmarried relatives the opportunity to become foster parents for their own kin, including grandchildren, or to adopt their own kin, including grandchildren, from foster care. (B) According to the Williams Institute, more than 3,400 children are currently in foster placements with same-sex couples. Another 22,000 children are being raised by same-sex adoptive couples. If other States followed the minority of States and discriminated against qualified individuals because of their sexual orientation or marital status, foster care expenditures would increase between $87,000,000 and $130,000,000 per year in order to pay for additional institutional and group care, as well as to recruit and train new foster and adoptive parents. (11) Some States allow 1 member of a same-sex couple to adopt, but do not recognize both members of the couple as the child’s legal parents. Recognition of joint adoption provides children with the same rights and security that children of heterosexual parents enjoy. These protections include access to both parents’ health benefits, survivor’s, Social Security, and child support entitlements, legal grounds for either parent to provide consent for medical care, education, and other important decisions, as well as the establishment of permanency for parents and child. (12) Professional organizations in the fields of medicine, psychology, law, and child welfare have taken official positions in support of the ability of qualified gay, lesbian, bisexual, and unmarried couples to foster and adopt a child, as supported by scientific research showing sexual orientation as a nondeterminative factor in parental success. (13) Discrimination against potential foster or adoptive parents based on sexual orientation, gender identity, or marital status is not in the best interests of children in the foster care system. (b) Purposes The purposes of this Act are to decrease the length of time that children wait for permanency with a loving family and to promote the best interests of children in the child welfare system by preventing discrimination in adoption and foster care placements based on sexual orientation, gender identity, or marital status. 3. Every child deserves a family (a) Activities (1) Prohibition An entity that receives Federal assistance or contracts with an entity that receives Federal assistance, and is involved in adoption or foster care placements may not— (A) deny to any person the opportunity to become an adoptive or a foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved; (B) delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; or (C) require different or additional screenings, processes, or procedures for adoptive or foster placement decisions on the basis of the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved. (2) Definition of placement decision In this section, the term placement decision (b) Equitable relief Any individual who is aggrieved by an action in violation of subsection (a) may bring an action seeking relief in a United States district court of appropriate jurisdiction. (c) Federal guidance Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall publish guidance to concerned entities with respect to compliance with this section. (d) Technical assistance In order to ensure compliance with, and ensure understanding of the legal, practice, and culture changes required by, this Act in making foster care and adoption placement decisions, the Secretary shall provide technical assistance to all entities covered by this Act, including— (1) identifying laws and regulations inconsistent with this Act and providing guidance and training to ensure the laws and regulations are brought into compliance within the prescribed period of time; (2) identifying casework practices and procedures inconsistent with this Act and providing guidance and training to ensure the practices and procedures are brought into compliance within the prescribed period of time; (3) providing guidance in expansion of recruitment efforts to ensure consideration of all interested and qualified prospective adoptive and foster parents regardless of the sexual orientation, gender identity, or marital status of the prospective parent; (4) comprehensive cultural competency training for covered entities and prospective adoptive and foster parents; and (5) training judges and attorneys involved in foster care and adoption cases on the findings and purposes of this Act. (e) Deadline for compliance (1) In general Except as provided in paragraph (2), an entity that receives Federal assistance and is involved with adoption or foster care placements shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of enactment of this Act, whichever occurs first. (2) Authority to extend deadline If a State demonstrates to the satisfaction of the Secretary of Health and Human Services that it is necessary to amend State statutory law in order to change a particular practice that is inconsistent with this section, the Secretary may extend the compliance date for the State and any entities in the State that are involved with adoption or foster care placements a reasonable number of days after the close of the 1st State legislative session beginning after the date the guidance referred to in subsection (c) is published. (3) Authority to withhold funds If a State fails to comply with this section, the Secretary may withhold payment to the State of amounts otherwise payable to the State under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), to the extent the Secretary deems the withholding necessary to induce the State into compliance with this section. (f) GAO study (1) In general Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have— (A) eliminated policies, practices, or statutes that deny to any otherwise qualified person the opportunity to become an adoptive or foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved; (B) removed all program, policy, or statutory barriers that delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any qualified, prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; and (C) eliminated all different or additional screenings, processes, or procedures for adoptive or foster placement decisions based on the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved. (2) Report to the congress Not later than 1 year after completing the study required by paragraph (1), the Comptroller General shall submit to Congress a written report that contains the results of the study.

Every Child Deserves a Family Act

Mobile Device Theft Deterrence Act of 2013 - Amends the federal criminal code to prohibit knowingly: (1) removing, obliterating, tampering with, or altering a mobile device identification number; or (2) using, producing, trafficking in, having control or custody of, or possessing hardware or software, knowing it has been configured to engage in such conduct. Exempts the manufacturer of a mobile device, a person that engineers, tests, repairs, or refurbishes a mobile device, or a person that implements technologies for the purpose of protecting the security and privacy of mobile device end users while allowing the transmission of the mobile device identification number to service providers, unless such manufacturer or person knows that the mobile device or part involved is stolen.

113 S1070 IS: Mobile Device Theft Deterrence Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1070 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Schumer Mr. Brown Mr. Udall of Colorado Mrs. Boxer Committee on the Judiciary A BILL To make it unlawful to alter or remove the unique equipment identification number of a mobile device. 1. Short title This Act may be cited as the Mobile Device Theft Deterrence Act of 2013 2. Altering or removing mobile device unique equipment identification numbers (a) In general Chapter 25 515. Altering or removing unique mobile device equipment identification numbers (a) Definitions In this section— (1) the term manufacturer (2) the term unique mobile device equipment identification number (A) an international mobile equipment identity number; (B) electronic serial number; or (C) any other number or signal— (i) that identifies a specific mobile wireless communications device; and (ii) has the same function and purposes as a number described in subparagraph (A) or (B). (b) Prohibition Except as provided in subsection (d), it shall be unlawful to— (1) knowingly remove, obliterate, tamper with, or alter a mobile device identification number; or (2) knowingly use, produce, traffic in, have control or custody of, or possess hardware or software, knowing it has been configured to engage in the conduct described in paragraph (1). (c) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. (d) Exception Subsection (b) shall not apply to the manufacturer of a mobile device, a person that engineers, tests, repairs, or refurbishes a mobile device, or a person that implements technologies for the purpose of protecting the security and privacy of mobile device end users while allowing the transmission of the mobile device identification number to service providers, unless the manufacturer or person knows that the mobile device or part involved is stolen. . (b) Technical and conforming amendment The table of sections for chapter 25 of title 18, United States Code, is amended by inserting after the item relating to section 514 the following: 515. Altering or removing unique mobile device equipment identification numbers. .

Mobile Device Theft Deterrence Act of 2013

Small Airplane Revitalization Act of 2013 - Directs the Administrator of the Federal Aviation Administration (FAA) to issue a final rule to advance the safety and continued development of small airplanes by reorganizing the certification requirements to streamline the approval of safety advancements. Requires the final rule to meet certain consensus-based standards and FAA Part 23 Reorganization Aviation Rulemaking Committee objectives, including: (1) establishment of a regulatory regime for small airplane safety; (2) the establishment of broad, outcome-driven objectives that will spur small plane innovation and technology adoption; (3) the replacement of current, prescriptive requirements under Part 23 with performance-based regulations; and (4) the use of FAA-accepted consensus standards to clarify how Part 23 safety objectives may be met using specific small plane safety designs and technologies.

113 S1072 IS: Small Airplane Revitalization Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1072 IN THE SENATE OF THE UNITED STATES May 23, 2013 Ms. Klobuchar Ms. Murkowski Mr. Moran Mr. Roberts Mr. Johanns Mr. Begich Mr. Risch Mr. Udall of New Mexico Mr. Tester Committee on Commerce, Science, and Transportation A BILL To ensure that the Federal Aviation Administration advances the safety of small airplanes and the continued development of the general aviation industry, and for other purposes. 1. Short title This Act may be cited as the Small Airplane Revitalization Act of 2013 2. Findings Congress makes the following findings: (1) A healthy small aircraft industry is integral to economic growth and to maintaining an effective transportation infrastructure for communities and countries around the world. (2) Small airplanes comprise nearly 90 percent of general aviation aircraft certified by the Federal Aviation Administration. (3) General aviation provides for the cultivation of a workforce of engineers, manufacturing and maintenance professionals, and pilots who secure the economic success and defense of the United States. (4) General aviation contributes to well-paying jobs in the manufacturing and technology sectors in the United States and products produced by those sectors are exported in great numbers. (5) Technology developed and proven in general aviation aids in the success and safety of all sectors of aviation and scientific competence. (6) The average small airplane in the United States is now 40 years old and the regulatory barriers to bringing new designs to the market are resulting in a lack of innovation and investment in small airplane design. (7) Since 2003, the United States lost 10,000 active private pilots per year on average, partially due to a lack of cost-effective, new small airplanes. (8) General aviation safety can be improved by modernizing and revamping the regulations relating to small airplanes to clear the path for technology adoption and cost-effective means to retrofit the existing fleet with new safety technologies. 3. Safety and regulatory improvements for general aviation (a) In general Not later than December 15, 2015, the Administrator of the Federal Aviation Administration shall issue a final rule— (1) to advance the safety and continued development of small airplanes by reorganizing the certification requirements for such airplanes under part 23 to streamline the approval of safety advancements; and (2) that meets the objectives described in subsection (b). (b) Objectives described The objectives described in this subsection are the following objectives of the Part 23 Reorganization Aviation Rulemaking Committee: (1) The establishment of a regulatory regime for small airplanes that will improve safety and decrease certification costs. (2) The establishment of broad, outcome-driven safety objectives that will spur innovation and technology adoption. (3) The replacement of current, prescriptive requirements under part 23 with performance-based regulations. (4) The use of consensus standards accepted by the Federal Aviation Administration to clarify how the safety objectives of part 23 may be met using specific designs and technologies. (c) Consensus-Based standards In prescribing regulations under this section, the Administrator shall use consensus standards, as described in section 12(d) of the National Technology Transfer and Advancement Act of 1996 (15 U.S.C. 272 note), to the extent practicable while continuing to evaluate traditional methods for meeting the objectives of part 23. (d) Safety cooperation The Administrator shall lead the effort to improve general aviation safety by working with leading aviation regulators to assist them in adopting a complementary regulatory approach for small airplanes. (e) Definitions In this section: (1) Consensus standards (A) In general The term consensus standards (B) Organizations described An organization described in this subparagraph is a domestic or international organization that— (i) plans, develops, establishes, or coordinates, through a process based on consensus and using agreed-upon procedures, voluntary standards; and (ii) operates in a transparent manner, considers a balanced set of interests with respect to such standards, and provides for due process and an appeals process with respect to such standards. (2) General aviation The term general aviation (3) Part 23 The term part 23 (4) Part 23 Reorganization Aviation Rulemaking Committee The term Part 23 Reorganization Aviation Rulemaking Committee (5) Small airplane The term small airplane

Small Airplane Revitalization Act of 2013

Gas Price and Refinery Capacity Relief Act of 2013 - Amends the Energy Independence and Security Act of 2007 to require a refinery owner or operator to report to the Administrator of the Energy Information Administration (EIA): (1) at least one year in advance the schedule for any planned removal from service for maintenance, repair, or modification of any refinery or a unit (planned refinery outage); and (2) as soon as practicable any unplanned refinery outages. Directs the Secretary of Energy to: (1) review, analyze, and make available to refinery operators information on unplanned refinery outages in order to prevent significant market disruptions; and (2) analyze the costs and benefits of creating a national strategic refined petroleum products reserve for refined petroleum products.

113 S1073 IS: Gas Price and Refinery Capacity Relief Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1073 IN THE SENATE OF THE UNITED STATES May 23, 2013 Ms. Klobuchar Mr. Franken Mr. Hoeven Committee on Energy and Natural Resources A BILL To amend the Energy Independence and Security Act of 2007 to improve the coordination of refinery outages, and for other purposes. 1. Short title This Act may be cited as the Gas Price and Refinery Capacity Relief Act of 2013 2. Coordination of refinery outages Section 804 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17283 804. Coordination of refinery outages (a) Definitions In this section: (1) Administrator The term Administrator (2) Planned refinery outage The term planned refinery outage (3) Refined petroleum product The term refined petroleum product (4) Refinery The term refinery (5) Unplanned refinery outage The unplanned refinery outage (b) Reporting requirement The owner or operator of a refinery shall submit to the Administrator information describing— (1) the schedule of the refinery for any planned refinery outage, including— (A) the dates for the planned refinery outage at least 1 year in advance of the date of the expected outage or the date the outage is scheduled; and (B) the estimated inventories and production of refined petroleum products during the period described in subparagraph (A); and (2) any unplanned refinery outages as soon as practicable (c) Review and analysis of available information The Administrator shall, on an ongoing basis— (1) review information on planned refinery outages and unplanned refinery outages— (A) reported by refineries under subsection (b); and (B) that is available from commercial reporting services; (2) analyze that information to determine whether the scheduling of a planned refinery outage or an unplanned refinery outage may nationally or regionally substantially affect the price or supply of any refined petroleum product by— (A) decreasing the production of the refined petroleum product; and (B) causing or contributing to a retail or wholesale supply shortage or disruption; and (3) alert the Secretary of any refinery outage that the Administrator determines may nationally or regionally substantially affect the price or supply of a refined petroleum product. (d) Action by Secretary On a determination by the Secretary that a refinery outage may affect the price or supply of a refined petroleum product, the Secretary shall make available to refinery operators information on planned refinery outages or unplanned refinery outages to prevent significant market disruptions. (e) Limitation Nothing in this section— (1) alters any existing legal obligation or responsibility of a refinery operator; (2) creates any legal right of action; or (3) authorizes the Secretary— (A) to prohibit a refinery operator from conducting a planned refinery outage; or (B) to require a refinery operator to continue to operate a refinery. (f) Study on national strategic refined petroleum products reserve (1) In general Not later than 180 days after the date of enactment of this subsection, the Secretary shall study and submit to Congress a report on the costs and benefits of creating a national strategic refined petroleum products reserve for refined petroleum products. (2) Information The report required under paragraph (1) shall include information on— (A) the days of existing storage capabilities within the different petroleum administration defense districts based on normal usage of refined petroleum products; (B) the feasibility of increasing storage capacity for refined petroleum products on a regional basis; and (C) the impact additional storage capacity would have on the retail price of refined petroleum products for consumers in the event of a supply shortage or market disruption from a natural disaster or refinery outage. .

Gas Price and Refinery Capacity Relief Act of 2013

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2013 - (Sec. 2) States that nothing in this Act affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes. Title I: Chickahominy Indian Tribe - (Sec. 103) Extends federal recognition to the Chickahominy Tribe. Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. Considers the federal service area of the Tribe to be the area comprised of New Kent, James City, Charles City, and Henrico Counties, Virginia. (Sec. 104) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior (Secretary) before the date of this Act's enactment. (Sec. 105) States that the governing body of the Tribe shall be: (1) the governing body in place on the date of this Act's enactment, or (2) any subsequent duly elected governing body. (Sec. 106) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007, and that is located within New Kent County, James City County, Charles City County, or Henrico County, Virginia; and (2) may take into trust lands held by the Tribe in fee that are located within those counties. Directs the Secretary to make a final determination of any such request within three years. Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation. Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law. (Sec. 107) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. Title II: Chickahominy Indian Tribe--Eastern Division - (Sec. 203) Extends federal recognition to the Chickahominy Indian Tribe--Eastern Division. Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. Considers the federal service area of the Tribe to be the area comprised of New Kent, James City, Charles City, and Henrico Counties, Virginia. (Sec. 204) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary before the date of this Act's enactment. (Sec. 205) States that the governing body of the Tribe shall be: (1) the governing body in place on the date of this Act's enactment, or (2) any subsequent duly elected governing body. (Sec. 206) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007, and that is located within New Kent County, James City County, Charles City County, or Henrico County, Virginia; and (2) may take into trust lands held by the Tribe in fee that are located within those counties. Directs the Secretary to make a final determination of any such request within three years. Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation. Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law. (Sec. 207) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. Title III: Upper Mattaponi Tribe - (Sec. 303) Extends federal recognition to the Upper Mattaponi Tribe. Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. Considers the federal service area of the Tribe to be the area within 25 miles of the Sharon Indian School at 13383 King William Road, King William County, Virginia. (Sec. 304) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary before the date of this Act's enactment. (Sec. 305) States that the governing body of the Tribe shall be: (1) the governing body in place on the date of this Act's enactment, or (2) any subsequent duly elected governing body. (Sec. 306) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007, and that is located within King William County, Caroline County, Hanover County, King and Queen County, or New Kent County, Virginia; and (2) may take into trust lands held by the Tribe in fee that are located within those counties. Directs the Secretary to make a final determination of any such request within three years. Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation. Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law. (Sec. 307) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. Title IV: Rappahannock Tribe, Inc. - (Sec. 403) Extends federal recognition to the organization possessing the legal name Rappahannock Tribe, Inc. (Excludes from the Tribe any other Indian tribe, subtribe, band, or splinter group the members of which represent themselves as Rappahannock Indians.) Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. Considers the federal service area of the Tribe to be the area comprised of King and Queen, Caroline, Essex, and King William Counties, Virginia. (Sec. 404) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary before the date of this Act's enactment. (Sec. 405) States that the governing body of the Tribe shall be: (1) the governing body in place on the date of this Act's enactment, or (2) any subsequent duly elected governing body. (Sec. 406) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007, and that is located within King and Queen County, Stafford County, Spotsylvania County, Richmond County, Essex County, or Caroline County, Virginia; and (2) may take into trust lands held by the Tribe in fee that are located within King and Queen County, Richmond County, Lancaster County, King George County, Essex County, Caroline County, New Kent County, King William County, or James City County, Virginia. Directs the Secretary to make a final determination of any such request within three years. Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation. Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law. (Sec. 407) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. Title V: Monacan Indian Nation - (Sec. 503) Extends federal recognition to the Monacan Indian Nation. Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. Considers the federal service area of the Tribe to be the area within 25 miles from the center of Amherst, Virginia. (Sec. 504) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary before the date of this Act's enactment. (Sec. 505) States that the governing body of the Tribe shall be: (1) the governing body in place on the date of this Act's enactment, or (2) any subsequent duly elected governing body. (Sec. 506) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007, and that is located within Amherst County, Virginia; and (2) may take into trust land held by the Tribe in fee that is located within Amherst County, Virginia, and certain parcels of land in Rockbridge County, Virginia, owned by Mr. J. Poole. Directs the Secretary to make a final determination of any such request within three years. Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation. Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law. (Sec. 507) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. Title VI: Nansemond Indian Tribe - (Sec. 603) Extends federal recognition to the Nansemond Tribe. Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. Considers the federal service area of the Tribe to be the area comprised of the cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach, Virginia. (Sec. 604) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary before the date of this Act's enactment. (Sec. 605) States that the governing body of the Tribe shall be: (1) the governing body in place on the date of this Act's enactment, or (2) any subsequent duly elected governing body. (Sec. 606) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007, and that is located within the city of Suffolk or Chesapeake, or within Isle of Wight County, Virginia; and (2) may take into trust lands held by the Tribe in fee that are located within those jurisdictions. Directs the Secretary to make a final determination of any such request within three years. Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation. Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law. (Sec. 607) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. Title VII: Eminent Domain - (Sec. 701) Prohibits the use of Eminent domain in acquiring lands in fee or in trust for the Indian tribes this Act recognizes.

113 S1074 IS: Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1074 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Kaine Mr. Warner Committee on Indian Affairs A BILL To extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe. 1. Short title; table of contents (a) Short Title This Act may be cited as the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2013 (b) Table of Contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Indian Child Welfare Act of 1978. Title I—Chickahominy Indian Tribe Sec. 101. Findings. Sec. 102. Definitions. Sec. 103. Federal recognition. Sec. 104. Membership; governing documents. Sec. 105. Governing body. Sec. 106. Reservation of the Tribe. Sec. 107. Hunting, fishing, trapping, gathering, and water rights. Title II—Chickahominy Indian Tribe—Eastern Division Sec. 201. Findings. Sec. 202. Definitions. Sec. 203. Federal recognition. Sec. 204. Membership; governing documents. Sec. 205. Governing body. Sec. 206. Reservation of the Tribe. Sec. 207. Hunting, fishing, trapping, gathering, and water rights. Title III—Upper Mattaponi Tribe Sec. 301. Findings. Sec. 302. Definitions. Sec. 303. Federal recognition. Sec. 304. Membership; governing documents. Sec. 305. Governing body. Sec. 306. Reservation of the Tribe. Sec. 307. Hunting, fishing, trapping, gathering, and water rights. Title IV—Rappahannock Tribe, Inc. Sec. 401. Findings. Sec. 402. Definitions. Sec. 403. Federal recognition. Sec. 404. Membership; governing documents. Sec. 405. Governing body. Sec. 406. Reservation of the Tribe. Sec. 407. Hunting, fishing, trapping, gathering, and water rights. Title V—Monacan Indian Nation Sec. 501. Findings. Sec. 502. Definitions. Sec. 503. Federal recognition. Sec. 504. Membership; governing documents. Sec. 505. Governing body. Sec. 506. Reservation of the Tribe. Sec. 507. Hunting, fishing, trapping, gathering, and water rights. Title VI—Nansemond Indian Tribe Sec. 601. Findings. Sec. 602. Definitions. Sec. 603. Federal recognition. Sec. 604. Membership; governing documents. Sec. 605. Governing body. Sec. 606. Reservation of the Tribe. Sec. 607. Hunting, fishing, trapping, gathering, and water rights. Title VII—Eminent domain Sec. 701. Limitation. 2. Indian Child Welfare Act of 1978 Nothing in this Act affects the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 I Chickahominy Indian Tribe 101. Findings Congress finds that— (1) in 1607, when the English settlers set shore along the Virginia coastline, the Chickahominy Indian Tribe was 1 of about 30 tribes that received them; (2) in 1614, the Chickahominy Indian Tribe entered into a treaty with Sir Thomas Dale, Governor of the Jamestown Colony, under which— (A) the Chickahominy Indian Tribe agreed to provide 2 bushels of corn per man and send warriors to protect the English; and (B) Sir Thomas Dale agreed in return to allow the Tribe to continue to practice its own tribal governance; (3) in 1646, a treaty was signed which forced the Chickahominy from their homeland to the area around the York Mattaponi River in present-day King William County, leading to the formation of a reservation; (4) in 1677, following Bacon’s Rebellion, the Queen of Pamunkey signed the Treaty of Middle Plantation on behalf of the Chickahominy; (5) in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base; (6) in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton College; (7) a Chickahominy child was 1 of the first Indians to attend Brafferton College; (8) in 1750, the Chickahominy Indian Tribe began to migrate from King William County back to the area around the Chickahominy River in New Kent and Charles City Counties; (9) in 1793, a Baptist missionary named Bradby took refuge with the Chickahominy and took a Chickahominy woman as his wife; (10) in 1831, the names of the ancestors of the modern-day Chickahominy Indian Tribe began to appear in the Charles City County census records; (11) in 1901, the Chickahominy Indian Tribe formed Samaria Baptist Church; (12) from 1901 to 1935, Chickahominy men were assessed a tribal tax so that their children could receive an education; (13) the Tribe used the proceeds from the tax to build the first Samaria Indian School, buy supplies, and pay a teacher’s salary; (14) in 1919, C. Lee Moore, Auditor of Public Accounts for Virginia, told Chickahominy Chief O.W. Adkins that he had instructed the Commissioner of Revenue for Charles City County to record Chickahominy tribal members on the county tax rolls as Indian, and not as White or colored; (15) during the period of 1920 through 1930, various Governors of the Commonwealth of Virginia wrote letters of introduction for Chickahominy Chiefs who had official business with Federal agencies in Washington, DC; (16) in 1934, Chickahominy Chief O.O. Adkins wrote to John Collier, Commissioner of Indian Affairs, requesting money to acquire land for the Chickahominy Indian Tribe’s use, to build school, medical, and library facilities and to buy tractors, implements, and seed; (17) in 1934, John Collier, Commissioner of Indian Affairs, wrote to Chickahominy Chief O.O. Adkins, informing him that Congress had passed the Act of June 18, 1934 (commonly known as the Indian Reorganization Act (18) in 1942, Chickahominy Chief O.O. Adkins wrote to John Collier, Commissioner of Indian Affairs, asking for help in getting the proper racial designation on Selective Service records for Chickahominy soldiers; (19) in 1943, John Collier, Commissioner of Indian Affairs, asked Douglas S. Freeman, editor of the Richmond News-Leader newspaper of Richmond, Virginia, to help Virginia Indians obtain proper racial designation on birth records; (20) Collier stated that his office could not officially intervene because it had no responsibility for the Virginia Indians, as a matter largely of historical accident interested in them as descendants of the original inhabitants of the region (21) in 1948, the Veterans’ Education Committee of the Virginia State Board of Education approved Samaria Indian School to provide training to veterans; (22) that school was established and run by the Chickahominy Indian Tribe; (23) in 1950, the Chickahominy Indian Tribe purchased and donated to the Charles City County School Board land to be used to build a modern school for students of the Chickahominy and other Virginia Indian tribes; (24) the Samaria Indian School included students in grades 1 through 8; (25) in 1961, Senator Sam Ervin, Chairman of the Subcommittee on Constitutional Rights of the Committee on the Judiciary of the Senate, requested Chickahominy Chief O.O. Adkins to provide assistance in analyzing the status of the constitutional rights of Indians in your area (26) in 1967, the Charles City County school board closed Samaria Indian School and converted the school to a countywide primary school as a step toward full school integration of Indian and non-Indian students; (27) in 1972, the Charles City County school board began receiving funds under the Indian Self-Determination and Education Assistance Act 25 U.S.C. 458aa et seq. Indian Self-Determination and Education Assistance Act 25 U.S.C. 458aaa et seq. (28) in 1974, the Chickahominy Indian Tribe bought land and built a tribal center using monthly pledges from tribal members to finance the transactions; (29) in 1983, the Chickahominy Indian Tribe was granted recognition as an Indian tribe by the Commonwealth of Virginia, along with 5 other Indian tribes; and (30) in 1985, Governor Gerald Baliles was the special guest at an intertribal Thanksgiving Day dinner hosted by the Chickahominy Indian Tribe. 102. Definitions In this title: (1) Secretary The term Secretary (2) Tribal member The term tribal member (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe The term Tribe 103. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of New Kent County, James City County, Charles City County, and Henrico County, Virginia. 104. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 105. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 106. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia. (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 107. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. II Chickahominy Indian Tribe—Eastern Division 201. Findings Congress finds that— (1) in 1607, when the English settlers set shore along the Virginia coastline, the Chickahominy Indian Tribe was 1 of about 30 tribes that received them; (2) in 1614, the Chickahominy Indian Tribe entered into a treaty with Sir Thomas Dale, Governor of the Jamestown Colony, under which— (A) the Chickahominy Indian Tribe agreed to provide 2 bushels of corn per man and send warriors to protect the English; and (B) Sir Thomas Dale agreed in return to allow the Tribe to continue to practice its own tribal governance; (3) in 1646, a treaty was signed which forced the Chickahominy from their homeland to the area around the York River in present-day King William County, leading to the formation of a reservation; (4) in 1677, following Bacon’s Rebellion, the Queen of Pamunkey signed the Treaty of Middle Plantation on behalf of the Chickahominy; (5) in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base; (6) in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton College; (7) a Chickahominy child was 1 of the first Indians to attend Brafferton College; (8) in 1750, the Chickahominy Indian Tribe began to migrate from King William County back to the area around the Chickahominy River in New Kent and Charles City Counties; (9) in 1793, a Baptist missionary named Bradby took refuge with the Chickahominy and took a Chickahominy woman as his wife; (10) in 1831, the names of the ancestors of the modern-day Chickahominy Indian Tribe began to appear in the Charles City County census records; (11) in 1870, a census revealed an enclave of Indians in New Kent County that is believed to be the beginning of the Chickahominy Indian Tribe—Eastern Division; (12) other records were destroyed when the New Kent County courthouse was burned, leaving a State census as the only record covering that period; (13) in 1901, the Chickahominy Indian Tribe formed Samaria Baptist Church; (14) from 1901 to 1935, Chickahominy men were assessed a tribal tax so that their children could receive an education; (15) the Tribe used the proceeds from the tax to build the first Samaria Indian School, buy supplies, and pay a teacher’s salary; (16) in 1910, a 1-room school covering grades 1 through 8 was established in New Kent County for the Chickahominy Indian Tribe—Eastern Division; (17) during the period of 1920 through 1921, the Chickahominy Indian Tribe—Eastern Division began forming a tribal government; (18) E.P. Bradby, the founder of the Tribe, was elected to be Chief; (19) in 1922, Tsena Commocko Baptist Church was organized; (20) in 1925, a certificate of incorporation was issued to the Chickahominy Indian Tribe—Eastern Division; (21) in 1950, the 1-room Indian school in New Kent County was closed and students were bused to Samaria Indian School in Charles City County; (22) in 1967, the Chickahominy Indian Tribe and the Chickahominy Indian Tribe—Eastern Division lost their schools as a result of the required integration of students; (23) during the period of 1982 through 1984, Tsena Commocko Baptist Church built a new sanctuary to accommodate church growth; (24) in 1983 the Chickahominy Indian Tribe—Eastern Division was granted State recognition along with 5 other Virginia Indian tribes; (25) in 1985— (A) the Virginia Council on Indians was organized as a State agency; and (B) the Chickahominy Indian Tribe—Eastern Division was granted a seat on the Council; (26) in 1988, a nonprofit organization known as the United Indians of Virginia (27) Chief Marvin Strongoak 202. Definitions In this title: (1) Secretary The term Secretary (2) Tribal member The term tribal member (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe The term Tribe 203. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all future services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of New Kent County, James City County, Charles City County, and Henrico County, Virginia. 204. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 205. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 206. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia. (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 207. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. III Upper Mattaponi Tribe 301. Findings Congress finds that— (1) during the period of 1607 through 1646, the Chickahominy Indian Tribes— (A) lived approximately 20 miles from Jamestown; and (B) were significantly involved in English-Indian affairs; (2) Mattaponi Indians, who later joined the Chickahominy Indians, lived a greater distance from Jamestown; (3) in 1646, the Chickahominy Indians moved to Mattaponi River basin, away from the English; (4) in 1661, the Chickahominy Indians sold land at a place known as the cliffs (5) in 1669, the Chickahominy Indians— (A) appeared in the Virginia Colony’s census of Indian bowmen; and (B) lived in New Kent (6) in 1677, the Chickahominy and Mattaponi Indians were subjects of the Queen of Pamunkey, who was a signatory to the Treaty of 1677 with the King of England; (7) in 1683, after a Mattaponi town was attacked by Seneca Indians, the Mattaponi Indians took refuge with the Chickahominy Indians, and the history of the 2 groups was intertwined for many years thereafter; (8) in 1695, the Chickahominy and Mattaponi Indians— (A) were assigned a reservation by the Virginia Colony; and (B) traded land of the reservation for land at the place known as the cliffs (9) in 1711, a Chickahominy boy attended the Indian School at the College of William and Mary; (10) in 1726, the Virginia Colony discontinued funding of interpreters for the Chickahominy and Mattaponi Indian Tribes; (11) James Adams, who served as an interpreter to the Indian tribes known as of the date of enactment of this Act as the Upper Mattaponi Indian Tribe Chickahominy Indian Tribe (12) today, a majority of the Upper Mattaponi Indians have Adams (13) in 1787, Thomas Jefferson, in Notes on the Commonwealth of Virginia, mentioned the Mattaponi Indians on a reservation in King William County and said that Chickahominy Indians were blended (14) in 1850, the census of the United States revealed a nucleus of approximately 10 families, all ancestral to modern Upper Mattaponi Indians, living in central King William County, Virginia, approximately 10 miles from the reservation; (15) during the period of 1853 through 1884, King William County marriage records listed Upper Mattaponis as Indians (16) during the period of 1884 through the present, county marriage records usually refer to Upper Mattaponis as Indians (17) in 1901, Smithsonian anthropologist James Mooney heard about the Upper Mattaponi Indians but did not visit them; (18) in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians with a section on the Upper Mattaponis; (19) from 1929 until 1930, the leadership of the Upper Mattaponi Indians opposed the use of a colored (20) during the period of 1942 through 1945— (A) the leadership of the Upper Mattaponi Indians, with the help of Frank Speck and others, fought against the induction of young men of the Tribe into colored (B) a tribal roll for the Upper Mattaponi Indians was compiled; (21) from 1945 to 1946, negotiations took place to admit some of the young people of the Upper Mattaponi to high schools for Federal Indians (especially at Cherokee) because no high school coursework was available for Indians in Virginia schools; and (22) in 1983, the Upper Mattaponi Indians applied for and won State recognition as an Indian tribe. 302. Definitions In this title: (1) Secretary The term Secretary (2) Tribal member The term tribal member (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe The term Tribe 303. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area within 25 miles of the Sharon Indian School at 13383 King William Road, King William County, Virginia. 304. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 305. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 306. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of King William County, Caroline County, Hanover County, King and Queen County, and New Kent County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of King William County, Caroline County, Hanover County, King and Queen County, and New Kent County, Virginia. (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 307. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. IV Rappahannock Tribe, Inc. 401. Findings Congress finds that— (1) during the initial months after Virginia was settled, the Rappahannock Indians had 3 encounters with Captain John Smith; (2) the first encounter occurred when the Rappahannock weroance (headman)— (A) traveled to Quiyocohannock (a principal town across the James River from Jamestown), where he met with Smith to determine whether Smith had been the great man (B) determined that Smith was too short to be that great man (3) on a second meeting, during John Smith’s captivity (December 16, 1607 to January 8, 1608), Smith was taken to the Rappahannock principal village to show the people that Smith was not the great man (4) a third meeting took place during Smith’s exploration of the Chesapeake Bay (July to September 1608), when, after the Moraughtacund Indians had stolen 3 women from the Rappahannock King, Smith was prevailed upon to facilitate a peaceful truce between the Rappahannock and the Moraughtacund Indians; (5) in the settlement, Smith had the 2 Indian tribes meet on the spot of their first fight; (6) when it was established that both groups wanted peace, Smith told the Rappahannock King to select which of the 3 stolen women he wanted; (7) the Moraughtacund King was given second choice among the 2 remaining women, and Mosco, a Wighcocomoco (on the Potomac River) guide, was given the third woman; (8) in 1645, Captain William Claiborne tried unsuccessfully to establish treaty relations with the Rappahannocks, as the Rappahannocks had not participated in the Pamunkey-led uprising in 1644, and the English wanted to treat with the Rappahannocks or any other Indians not in amity with Opechancanough, concerning serving the county against the Pamunkeys (9) in April 1651, the Rappahannocks conveyed a tract of land to an English settler, Colonel Morre Fauntleroy; (10) the deed for the conveyance was signed by Accopatough, weroance of the Rappahannock Indians; (11) in September 1653, Lancaster County signed a treaty with Rappahannock Indians, the terms of which treaty— (A) gave Rappahannocks the rights of Englishmen in the county court; and (B) attempted to make the Rappahannocks more accountable under English law; (12) in September 1653, Lancaster County defined and marked the bounds of its Indian settlements; (13) according to the Lancaster clerk of court, the tribe called the great Rappahannocks lived on the Rappahannock Creek just across the river above Tappahannock (14) in September 1656, (Old) Rappahannock County (which, as of the date of enactment of this Act, is comprised of Richmond and Essex Counties, Virginia) signed a treaty with Rappahannock Indians that— (A) mirrored the Lancaster County treaty from 1653; and (B) stated that— (i) Rappahannocks were to be rewarded, in Roanoke, for returning English fugitives; and (ii) the English encouraged the Rappahannocks to send their children to live among the English as servants, who the English promised would be well-treated; (15) in 1658, the Virginia Assembly revised a 1652 Act stating that there be no grants of land to any Englishman whatsoever de futuro until the Indians be first served with the proportion of 50 acres of land for each bowman (16) in 1669, the colony conducted a census of Virginia Indians; (17) as of the date of that census— (A) the majority of the Rappahannocks were residing at their hunting village on the north side of the Mattaponi River; and (B) at the time of the visit, census-takers were counting only the Indian tribes along the rivers, which explains why only 30 Rappahannock bowmen were counted on that river; (18) the Rappahannocks used the hunting village on the north side of the Mattaponi River as their primary residence until the Rappahannocks were removed in 1684; (19) in May 1677, the Treaty of Middle Plantation was signed with England; (20) the Pamunkey Queen Cockacoeske signed on behalf of the Rappahannocks, who were supposed to be her tributaries that she was having trouble with Rappahannocks and Chickahominies, supposedly tributaries of hers (21) in November 1682, the Virginia Colonial Council established a reservation for the Rappahannock Indians of 3,474 acres about the town where they dwelt (22) the Rappahannock town (23) the acreage allotment of the reservation was based on the 1658 Indian land act, which translates into a bowman population of 70, or an approximate total Rappahannock population of 350; (24) in 1683, following raids by Iroquoian warriors on both Indian and English settlements, the Virginia Colonial Council ordered the Rap­pa­han­nocks to leave their reservation and unite with the Nanzatico Indians at Nanzatico Indian Town, which was located across and up the Rappahannock River some 30 miles; (25) between 1687 and 1699, the Rap­pa­han­nocks migrated out of Nanzatico, returning to the south side of the Rappahannock River at Portobacco Indian Town; (26) in 1706, by order of Essex County, Lieutenant Richard Covington escorted (27) during the 1760s, 3 Rappahannock girls were raised on Thomas Nelson’s Bleak Hill Plantation in King William County; (28) of those girls— (A) 1 married a Saunders man; (B) 1 married a Johnson man; and (C) 1 had 2 children, Edmund and Carter Nelson, fathered by Thomas Cary Nelson; (29) in the 19th century, those Saunders, Johnson, and Nelson families are among the core Rappahannock families from which the modern Tribe traces its descent; (30) in 1819 and 1820, Edward Bird, John Bird (and his wife), Carter Nelson, Edmund Nelson, and Carter Spurlock (all Rappahannock ancestors) were listed on the tax roles of King and Queen County and taxed at the county poor rate; (31) Edmund Bird was added to the tax roles in 1821; (32) those tax records are significant documentation because the great majority of pre-1864 records for King and Queen County were destroyed by fire; (33) beginning in 1819, and continuing through the 1880s, there was a solid Rappahannock presence in the membership at Upper Essex Baptist Church; (34) that was the first instance of conversion to Christianity by at least some Rappahannock Indians; (35) while 26 identifiable and traceable Rappahannock surnames appear on the pre-1863 membership list, and 28 were listed on the 1863 membership roster, the number of surnames listed had declined to 12 in 1878 and had risen only slightly to 14 by 1888; (36) a reason for the decline is that in 1870, a Methodist circuit rider, Joseph Mastin, secured funds to purchase land and construct St. Stephens Baptist Church for the Rappahannocks living nearby in Caroline County; (37) Mastin referred to the Rappahannocks during the period of 1850 to 1870 as Indians, having a great need for moral and Christian guidance (38) St. Stephens was the dominant tribal church until the Rappahannock Indian Baptist Church was established in 1964; (39) at both churches, the core Rappahannock family names of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and Richardson predominate; (40) during the early 1900s, James Mooney, noted anthropologist, maintained correspondence with the Rappahannocks, surveying them and instructing them on how to formalize their tribal government; (41) in November 1920, Speck visited the Rappahannocks and assisted them in organizing the fight for their sovereign rights; (42) in 1921, the Rappahannocks were granted a charter from the Commonwealth of Virginia formalizing their tribal government; (43) Speck began a professional relationship with the Tribe that would last more than 30 years and document Rappahannock history and traditions as never before; (44) in April 1921, Rappahannock Chief George Nelson asked the Governor of Virginia, Westmoreland Davis, to forward a proclamation to the President of the United States, along with an appended list of tribal members and a handwritten copy of the proclamation itself; (45) the letter concerned Indian freedom of speech and assembly nationwide; (46) in 1922, the Rappahannocks established a formal school at Lloyds, Essex County, Virginia; (47) prior to establishment of the school, Rappahannock children were taught by a tribal member in Central Point, Caroline County, Virginia; (48) in December 1923, Rappahannock Chief George Nelson testified before Congress appealing for a $50,000 appropriation to establish an Indian school in Virginia; (49) in 1930, the Rappahannocks were engaged in an ongoing dispute with the Commonwealth of Virginia and the United States Census Bureau about their classification in the 1930 Federal census; (50) in January 1930, Rappahannock Chief Otho S. Nelson wrote to Leon Truesdell, Chief Statistician of the United States Census Bureau, asking that the 218 enrolled Rappahannocks be listed as Indians; (51) in February 1930, Truesdell replied to Nelson saying that special instructions (52) in April 1930, Nelson wrote to William M. Steuart at the Census Bureau asking about the enumerators’ failure to classify his people as Indians, saying that enumerators had not asked the question about race when they interviewed his people; (53) in a followup letter to Truesdell, Nelson reported that the enumerators were flatly denying (54) the Rappahannocks had spoken with Caroline and Essex County enumerators, and with John M.W. Green at that point, without success; (55) Nelson asked Truesdell to list people as Indians if he sent a list of members; (56) the matter was settled by William Steuart, who concluded that the Bureau’s rule was that people of Indian descent could be classified as Indian blood Indian (57) the Virginia Vital Statistics Bureau classed all nonreservation Indians as Negro an exception should be made (58) therefore, in 1925, the Indian Rights Association took on the Rappahannock case to assist the Rappahannocks in fighting for their recognition and rights as an Indian tribe; (59) during the Second World War, the Pamunkeys, Mattaponis, Chickahominies, and Rap­pa­han­nocks had to fight the draft boards with respect to their racial identities; (60) the Virginia Vital Statistics Bureau insisted that certain Indian draftees be inducted into Negro units; (61) finally, 3 Rappahannocks were convicted of violating the Federal draft laws and, after spending time in a Federal prison, were granted conscientious objector status and served out the remainder of the war working in military hospitals; (62) in 1943, Frank Speck noted that there were approximately 25 communities of Indians left in the Eastern United States that were entitled to Indian classification, including the Rappahannocks; (63) in the 1940s, Leon Truesdell, Chief Statistician, of the United States Census Bureau, listed 118 members in the Rappahannock Tribe in the Indian population of Virginia; (64) on April 25, 1940, the Office of Indian Affairs of the Department of the Interior included the Rappahannocks on a list of Indian tribes classified by State and by agency; (65) in 1948, the Smithsonian Institution Annual Report included an article by William Harlen Gilbert entitled, Surviving Indian Groups of the Eastern United States (66) in the late 1940s and early 1950s, the Rappahannocks operated a school at Indian Neck; (67) the State agreed to pay a tribal teacher to teach 10 students bused by King and Queen County to Sharon Indian School in King William County, Virginia; (68) in 1965, Rappahannock students entered Marriott High School (a White public school) by executive order of the Governor of Virginia; (69) in 1972, the Rappahannocks worked with the Coalition of Eastern Native Americans to fight for Federal recognition; (70) in 1979, the Coalition established a pottery and artisans company, operating with other Virginia tribes; (71) in 1980, the Rappahannocks received funding through the Administration for Native Americans of the Department of Health and Human Services to develop an economic program for the Tribe; and (72) in 1983, the Rappahannocks received State recognition as an Indian tribe. 402. Definitions In this title: (1) Secretary The term Secretary (2) Tribal member The term tribal member (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe (A) In general The term Tribe (B) Exclusions The term Tribe 403. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of King and Queen County, Caroline County, Essex County, and King William County, Virginia. 404. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 405. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 406. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of King and Queen County, Stafford County, Spotsylvania County, Richmond County, Essex County, and Caroline County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of King and Queen County, Richmond County, Lancaster County, King George County, Essex County, Caroline County, New Kent County, King William County, and James City County, Virginia. (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 407. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. V Monacan Indian Nation 501. Findings Congress finds that— (1) in 1677, the Monacan Tribe signed the Treaty of Middle Plantation between Charles II of England and 12 Indian Kings and Chief Men (2) in 1722, in the Treaty of Albany, Governor Spotswood negotiated to save the Virginia Indians from extinction at the hands of the Iroquois; (3) specifically mentioned in the negotiations were the Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches (Occaneechi), Stengenocks, and Meipontskys; (4) in 1790, the first national census recorded Benjamin Evans and Robert Johns, both ancestors of the present Monacan community, listed as white (5) in 1782, tax records also began for those families; (6) in 1850, the United States census recorded 29 families, mostly large, with Monacan surnames, the members of which are genealogically related to the present community; (7) in 1870, a log structure was built at the Bear Mountain Indian Mission; (8) in 1908, the structure became an Episcopal Mission and, as of the date of enactment of this Act, the structure is listed as a landmark on the National Register of Historic Places; (9) in 1920, 304 Amherst Indians were identified in the United States census; (10) from 1930 through 1931, numerous letters from Monacans to the Bureau of the Census resulted from the decision of Dr. Walter Plecker, former head of the Bureau of Vital Statistics of the Commonwealth of Virginia, not to allow Indians to register as Indians for the 1930 census; (11) the Monacans eventually succeeded in being allowed to claim their race, albeit with an asterisk attached to a note from Dr. Plecker stating that there were no Indians in Virginia; (12) in 1947, D’Arcy McNickle, a Salish Indian, saw some of the children at the Amherst Mission and requested that the Cherokee Agency visit them because they appeared to be Indian; (13) that letter was forwarded to the Department of the Interior, Office of Indian Affairs, Chicago, Illinois; (14) Chief Jarrett Blythe of the Eastern Band of Cherokee did visit the Mission and wrote that he would be willing to accept these children in the Cherokee school (15) in 1979, a Federal Coalition of Eastern Native Americans established the entity known as Monacan Co-operative Pottery (16) some important pieces were produced at Monacan Co-operative Pottery, including a piece that was sold to the Smithsonian Institution; (17) the Mattaponi-Pamunkey-Monacan Consortium, established in 1981, has since been organized as a nonprofit corporation that serves as a vehicle to obtain funds for those Indian tribes from the Department of Labor under Native American programs; (18) in 1989, the Monacan Tribe was recognized by the Commonwealth of Virginia, which enabled the Tribe to apply for grants and participate in other programs; and (19) in 1993, the Monacan Tribe received tax-exempt status as a nonprofit corporation from the Internal Revenue Service. 502. Definitions In this title: (1) Secretary The term Secretary (2) Tribal member The term tribal member (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe The term Tribe 503. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of all land within 25 miles from the center of Amherst, Virginia. 504. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 505. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 506. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of Amherst County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of Amherst County, Virginia, and those parcels in Rockbridge County, Virginia (subject to the consent of the local unit of government), owned by Mr. J. Poole, described as East 731 Sandbridge (encompassing approximately 4.74 acres) and East 731 (encompassing approximately 5.12 acres). (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 507. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. VI Nansemond Indian Tribe 601. Findings Congress finds that— (1) from 1607 until 1646, Nansemond Indians— (A) lived approximately 30 miles from Jamestown; and (B) were significantly involved in English-Indian affairs; (2) after 1646, there were 2 sections of Nansemonds in communication with each other, the Christianized Nansemonds in Norfolk County, who lived as citizens, and the traditionalist Nansemonds, who lived further west; (3) in 1638, according to an entry in a 17th century sermon book still owned by the Chief’s family, a Norfolk County Englishman married a Nan­se­mond woman; (4) that man and woman are lineal ancestors of all of members of the Nansemond Indian tribe alive as of the date of enactment of this Act, as are some of the traditionalist Nansemonds; (5) in 1669, the 2 Nansemond sections appeared in Virginia Colony’s census of Indian bow­men; (6) in 1677, Nansemond Indians were signatories to the Treaty of 1677 with the King of England; (7) in 1700 and 1704, the Nansemonds and other Virginia Indian tribes were prevented by Virginia Colony from making a separate peace with the Iroquois; (8) Virginia represented those Indian tribes in the final Treaty of Albany, 1722; (9) in 1711, a Nansemond boy attended the Indian School at the College of William and Mary; (10) in 1727, Norfolk County granted William Bass and his kinsmen the Indian privileges (11) in 1742, Norfolk County issued a certificate of Nansemond descent to William Bass; (12) from the 1740s to the 1790s, the traditionalist section of the Nansemond tribe, 40 miles west of the Christianized Nansemonds, was dealing with reservation land; (13) the last surviving members of that section sold out in 1792 with the permission of the Commonwealth of Virginia; (14) in 1797, Norfolk County issued a certificate stating that William Bass was of Indian and English descent, and that his Indian line of ancestry ran directly back to the early 18th century elder in a traditionalist section of Nansemonds on the reservation; (15) in 1833, Virginia enacted a law enabling people of European and Indian descent to obtain a special certificate of ancestry; (16) the law originated from the county in which Nansemonds lived, and mostly Nansemonds, with a few people from other counties, took advantage of the new law; (17) a Methodist mission established around 1850 for Nansemonds is currently a standard Methodist congregation with Nansemond members; (18) in 1901, Smithsonian anthropologist James Mooney— (A) visited the Nansemonds; and (B) completed a tribal census that counted 61 households and was later published; (19) in 1922, Nansemonds were given a special Indian school in the segregated school system of Norfolk County; (20) the school survived only a few years; (21) in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians that included a section on the Nansemonds; and (22) the Nansemonds were organized formally, with elected officers, in 1984, and later applied for and received State recognition. 602. Definitions In this title: (1) Secretary The term Secretary (2) Tribal member The term tribal member (A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title. (3) Tribe The term Tribe 603. Federal recognition (a) Federal Recognition (1) In general Federal recognition is extended to the Tribe. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. (b) Federal Services and Benefits (1) In general On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe. (2) Service area For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of the cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach, Virginia. 604. Membership; governing documents The membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents, respectively, submitted by the Tribe to the Secretary before the date of enactment of this Act. 605. Governing body The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as of the date of enactment of this Act; or (2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe. 606. Reservation of the Tribe (a) In general Upon the request of the Tribe, the Secretary of the Interior— (1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of the city of Suffolk, the city of Chesapeake, or Isle of Wight County, Virginia; and (2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of the city of Suffolk, the city of Chesapeake, or Isle of Wight County, Virginia. (b) Deadline for determination The Secretary shall make a final written determination not later than three years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe. (c) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe. (d) Gaming The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 607. Hunting, fishing, trapping, gathering, and water rights Nothing in this title expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. VII Eminent domain 701. Limitation Eminent domain may not be used to acquire lands in fee or in trust for an Indian tribe recognized under this Act.

Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2013

Disabled Military Child Protection Act of 2013 - Authorizes monthly annuity payments under the Survivor Benefit Plan (SBP) to a supplemental or special needs trust established for the sole benefit of a disabled dependent child who is incapable of self-support because of mental or physical incapacity.

113 S1076 IS: Disabled Military Child Protection Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1076 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mrs. Hagan Mrs. Gillibrand Committee on Armed Services A BILL To amend title 10, United States Code, to provide for the payment of monthly annuities under the Survivor Benefit Plan to a supplemental or special needs trust established for the sole benefit of a disabled dependent child of a participant in the Survivor Benefit Plan. 1. Short title This Act may be cited as the Disabled Military Child Protection Act of 2013 2. Survivor Benefit Plan annuities for special needs trusts established for the benefit of dependent children incapable of self-support (a) Special needs trust as eligible beneficiary (1) In general Subsection (a) of section 1450 (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph (4): (4) Special needs trusts for sole benefit of certain dependent children Notwithstanding subsection (i), a supplemental or special needs trust described in subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act ( 42 U.S.C. 1396p(d)(4) 42 U.S.C. 1382c(a)(3) . (2) Conforming amendment Subsection (i) of such section is amended by inserting (a)(4) or subsection (b) Regulations Section 1455(d) of such title is amended— (1) in the subsection heading, by striking and fiduciaries , fiduciaries, and special needs trusts (2) in paragraph (1)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (C) a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust, as described in subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act ( 42 U.S.C. 1396p(d)(4) ; (3) in paragraph (2)— (A) by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; (B) by inserting after subparagraph (B) the following new subparagraph (C): (C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant. ; (C) in subparagraph (D), as redesignated, by striking subparagraphs (D) and (E) subparagraphs (E) and (F) (D) in subparagraph (H), as so redesignated— (i) by inserting or (1)(C) paragraph (1)(B) (ii) in clause (i), by striking and (iii) in clause (ii), by striking the period at the end and inserting ; and (iv) by adding at the end the following new clause: (iii) procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established. ; and (4) in paragraph (3), by striking to guardian or fiduciary

Disabled Military Child Protection Act of 2013

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Chesapeake Bay Gateways and Watertrails Network Reauthorization Act - Amends the Chesapeake Bay Initiative Act of 1998 to reauthorize through FY2018 the Chesapeake Bay Gateways and Watertrails Network.

113 S1077 IS: Chesapeake Bay Gateways and Watertrails Network Reauthorization Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1077 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Cardin Ms. Mikulski Mr. Carper Mr. Warner Mr. Coons Mr. Kaine Committee on Environment and Public Works A BILL To amend the Chesapeake Bay Initiative Act of 1998 to provide for the reauthorization of the Chesapeake Bay Gateways and Watertrails Network. 1. Short title This Act may be cited as the Chesapeake Bay Gateways and Watertrails Network Reauthorization Act 2. Authorization of appropriations Section 502(c) of the Chesapeake Bay Initiative Act of 1998 ( 16 U.S.C. 461 fiscal years fiscal years 2014 through 2018.

Chesapeake Bay Gateways and Watertrails Network Reauthorization Act

Artificial Reef Promotion Act of 2013 - Amends the National Fishing Enhancement Act of 1984 to require the Secretary of the Army, in issuing a permit for artificial reefs, to ensure that a state assuming liability for future damages has established an artificial reef maintenance fund. Requires the Director of the Bureau of Safety and Environmental Enforcement and the Director of the Bureau of Ocean Energy Management to promulgate regulations that expedite the review of a final application submitted to dispose of or remove an offshore oil and gas platform in the Gulf of Mexico for use as an artificial reef by requiring that a decision be made within 150 days after the submission of such application. Requires the Commanding General of the Corps of Engineers to promulgate regulations that expedite the review of a final application by the Secretary by requiring a decision to be given within 120 days after the submission of such application. Directs the Commanding General to designate no fewer than 20 artificial reef planning areas. Specifies location and depth requirements for such artificial reefs, including the number of areas that should be located outside the seaward boundary of each of the Gulf states. Revises siting compliance requirements imposed upon permittees. Prohibits regulations from requiring an artificial reef planning area to be filled to capacity with offshore oil and gas platforms in the Gulf of Mexico before another artificial reef planning area is established. Requires the Regional Supervisor to give preference to a final application submitted to dispose of or remove a platform for use as an artificial reef.

113 S1079 IS: Artificial Reef Promotion Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1079 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Vitter Committee on Commerce, Science, and Transportation A BILL To require the Director of the Bureau of Safety and Environmental Enforcement to promote the artificial reefs, and for other purposes. 1. Short title This Act may be cited as the Artificial Reef Promotion Act of 2013 2. Permits for construction and management of artificial reefs Section 205 of the National Fishing Enhancement Act of 1984 ( 33 U.S.C. 2104 (1) by redesignating subsections (b) through (e) as subsections (d) through (g), respectively; and (2) by striking subsection (a) and inserting the following: (a) Action on permits (1) In general In issuing a permit for an artificial reef under section 10 of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes Rivers and Harbors Appropriation Act of 1899 33 U.S.C. 1344 43 U.S.C. 1333(e) (A) consult with and consider the views of appropriate Federal agencies, States, local governments, and other interested parties; (B) ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this Act; (C) ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; (D) ensure that a State assuming liability under subparagraph (C) has established an artificial reef maintenance fund; and (E) consider the plan developed under section 204 and notify the Secretary of Commerce of any need to deviate from that plan. (2) Regulations (A) In general Not later than 180 days after the date of enactment of this paragraph, the Directors shall promulgate regulations that expedite the review of a final application such that a decision is rendered not later than 150 days after the date on which the application is submitted. (B) Regulations promulgated by the Commanding General Not later than 180 days after the date of enactment of the Artificial Reef Promotion Act of 2013 (b) Siting (1) Number (A) In general Not later than 1 year after the date of enactment of the Artificial Reef Promotion Act of 2013 (B) Gulf States Of the artificial reef planning areas described in subparagraph (A)— (i) 6 shall be located outside the seaward boundary of the State of Texas; (ii) 6 shall be located outside the seaward boundary of the State of Louisiana; (iii) 3 shall be located outside the seaward boundaries of the State of Alabama and State of Mississippi; and (iv) 5 shall be located outside the seaward boundary of the State of Florida. (C) Inclusions The sites described in subparagraph (A) include any artificial reef planning area existing on the day before the date of enactment of the Artificial Reef Promotion Act of 2013 if the boundaries and area of the site are modified to meet the requirements of this Act. (2) Boundaries and proximity to shoreline (A) In general The Directors shall, in consultation with the Commanding General and appropriate State agencies— (i) ensure that each artificial reef planning area described in paragraph (1)(A)— (I) is sited a reasonable proximity to the shoreline, as determined by the Directors; and (II) includes as many platforms as practical, as determined by the Directors; and (ii) determine the appropriate size and boundaries for each site. (B) Minimum area (i) In general Each artificial reef planning area described in paragraph (1)(A) shall be not smaller than 12 contiguous lease blocks. (ii) Application Clause (i) shall apply to any artificial reef planning area existing before, on, or after the date of enactment of the Artificial Reef Promotion Act of 2013 (3) Distance between sites (A) In general Not later than 180 days after the date of enactment of the Artificial Reef Promotion Act of 2013 (B) Maximum The distance contained in the regulation described in subparagraph (A) shall be not greater than 2 miles. (4) Depth (A) In general Of the artificial reef planning areas described in paragraph (1)(A)— (i) not fewer than 10 shall be located at a water depth of— (I) not less than 100 feet; and (II) not greater than 200 feet; and (ii) not fewer than 10 shall be located at a water depth of greater than 200 feet. (B) Sites in water depth of not greater than 100 feet The Commanding General shall, in consultation with the Directors and appropriate State agencies, designate artificial reef planning areas, where practicable, at a water depth of not greater than 100 feet. (5) Requirements for permittees (A) In general A person to whom a permit is issued under subsection (a)(1) shall— (i) construct the artificial reef in an artificial reef site located in an artificial reef planning area described in paragraph (1)(A); (ii) comply with— (I) any regulation promulgated by the Director of the Bureau of Safety and Environmental Enforcement relating to reef planning; (II) the plan developed under section 204; and (III) any applicable plan developed by a State; and (iii) if the person owns platforms, not later than 180 days after the date on which the Commanding General designates the artificial reef planning areas under paragraph (1), submit to the Director of the Bureau of Safety and Environmental Enforcement and appropriate State agencies notice that identifies 20 percent of the platforms to be used as artificial reefs. (B) Donated platforms (i) In general A person described in subparagraph (A)(iii) shall include in a final application the artificial reef planning area and the artificial reef site in which the platforms described in subparagraph (A)(iii) will be located. (ii) Depth The area and site described in clause (i) shall be consistent with the depth requirements in paragraph (4). (iii) Area or site filled to capacity If the Director of the Bureau of Safety and Environmental Enforcement or appropriate State agency determines that the area or site chosen by the person under clause (i) is filled to capacity, the person shall choose a different area or site. (6) Regulations (A) Capacity of reef sites No regulation shall require that an artificial reef planning area described in paragraph (1)(A) be filled to capacity with platforms before another artificial reef planning area is established. (B) Minimum water depth (i) In general The Secretary shall, in consultation with the Secretary of the department in which the Coast Guard is operating, promulgate regulations for the minimum water depth required to cover an artificial reef. (ii) Depth not greater than 85 feet If the minimum water depth described in clause (i) is not greater than 85 feet, the Secretary of the department in which the Coast Guard is operating shall— (I) evaluate each artificial reef site to ensure that the site is properly marked to reduce any navigational hazard; (II) not later than 30 days on which a final application is submitted, review the application to ensure that the artificial reef site will contain the markings described in subclause (I); (III) indicate on appropriate nautical charts the location of each artificial reef planning area and artificial reef site; and (IV) provide mariners with notice of the location of each artificial reef site in a manner that the Secretary of the department in which the Coast Guard is operating determines is appropriate. (7) Review Not later than 3 years after the date of enactment of the Artificial Reef Promotion Act of 2013 (c) Preference given to applications seeking To use decommissioned platforms as artificial reefs The Regional Supervisor shall give preference to a final application. (d) Regulations governing decommissioned platforms Any regulation in effect on the date of enactment of the Artificial Reef Promotion Act of 2013 . 3. Definitions Section 206 of the National Fishing Enhancement Act of 1984 ( 33 U.S.C. 2105 (1) by redesignating paragraphs (2) and (3) as paragraphs (11) and (12), respectively; and (2) by inserting after paragraph (1) the following: (2) Artificial reef The term artificial reef (3) Artificial reef planning area The term artificial reef planning area (A) a person obtains all appropriate permits; and (B) each platform located in the artificial reef site is appropriately prepared. (4) Artificial reef site The term artificial reef site (5) Commanding General The term Commanding General (6) Decommissioning The term decommission (7) Directors The term Directors (A) the Director of the Bureau of Safety and Environmental Enforcement; and (B) the Director of the Bureau of Ocean Energy Management. (8) Final application The term final application section 250.1727(g) (9) Platform The term platform (10) Secretary The term Secretary . 4. Savings clauses Section 208 of the National Fishing Enhancement Act of 1984 ( 33 U.S.C. 2106 (c) Miscellaneous Nothing in this Act shall— (1) hinder or invalidate— (A) the transfer of liability to the person to whom title of a platform is transferred when the platform is donated or becomes an artificial reef; and (B) any term or condition of any existing lease; and (2) require that— (A) a platform be left standing above the surface of the water; and (B) an owner of a platform notify any party, other than the Directors and the appropriate State agencies that coordinate with the Commanding General, of any plan to decommission a platform before abandonment operations commence. .

Artificial Reef Promotion Act of 2013

IDEA Full Funding Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations for the grant program to assist states and outlying areas to provide special education and related services to children with disabilities. Authorizes and makes specified appropriations for FY2013-FY2020, and sets forth a formula for determining the authorization of, and makes, appropriations for FY2021 and thereafter.

113 S108 IS: IDEA Full Funding Act U.S. Senate 2013-01-23 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 113th CONGRESS 1st Session S. 108 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Vitter Committee on Health, Education, Labor, and Pensions A BILL To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part. 1. Short title This Act may be cited as the IDEA Full Funding Act 2. Amendments to IDEA Section 611(i) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411(i) (i) Funding For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated— (1) $12,144,803,000 for fiscal year 2013, and there are hereby appropriated $1,361,842,000 for fiscal year 2013, which shall become available for obligation on July 1, 2013, and shall remain available through September 30, 2014; (2) $13,987,521,000 for fiscal year 2014, and there are hereby appropriated $3,204,560,000 for fiscal year 2014, which shall become available for obligation on July 1, 2014, and shall remain available through September 30, 2015; (3) $15,957,362,000 for fiscal year 2015, and there are hereby appropriated $5,174,401,000 for fiscal year 2015, which shall become available for obligation on July 1, 2015, and shall remain available through September 30, 2016; (4) $18,292,338,000 for fiscal year 2016, and there are hereby appropriated $7,509,377,000 for fiscal year 2016, which shall become available for obligation on July 1, 2016, and shall remain available through September 30, 2017; (5) $20,848,085,000 for fiscal year 2017, and there are hereby appropriated $10,065,124,000 for fiscal year 2017, which shall become available for obligation on July 1, 2017, and shall remain available through September 30, 2018; (6) $23,772,812,000 for fiscal year 2018, and there are hereby appropriated $12,989,851,000 for fiscal year 2018, which shall become available for obligation on July 1, 2018, and shall remain available through September 30, 2019; (7) $27,075,420,000 for fiscal year 2019, and there are hereby appropriated $16,292,459,000 for fiscal year 2019, which shall become available for obligation on July 1, 2019, and shall remain available through September 30, 2020; (8) $30,837,945,000 for fiscal year 2020, and there are hereby appropriated $20,054,984,000 for fiscal year 2020, which shall become available for obligation on July 1, 2020, and shall remain available through September 30, 2021; and (9) an amount equal to the sum of the maximum amounts of the grants all States may receive under subsection (a)(2)(B) for fiscal year 2021 and each succeeding fiscal year, and, there are hereby appropriated for each such year an amount equal to the sum of the maximum amounts of the grants all States may receive under subsection (a)(2)(B) for the fiscal year for which the determination is made minus $10,782,961,000, which shall become available for obligation on July 1 of the fiscal year for which the determination is made and shall remain available through September 30 of the succeeding year. .

IDEA Full Funding Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Long Island Sound Restoration and Stewardship Act - (Sec. 2) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Environmental Protection Agency's (EPA's) Office of the Management Conference of the Long Island Sound Study to conduct or commission studies to strengthen the implementation of the Comprehensive Conservation and Management Plan for Long Island Sound. Requires the studies to include: (1) environmental impacts on the Sound watershed; and (2) planning initiatives that identify areas most suitable for various activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, or preserve critical ecosystem services. Requires the Office to: (1) develop and implement strategies to increase education and awareness about the ecological health and water quality of the Sound; and (2) monitor progress toward meeting the goals, actions, and schedules of the Plan. Revises the limit on the federal share for certain grants for projects and studies to help implement the Plan. Increases the limit for grants other than citizen involvement and education grants from 50% to 60%. Requires the Office's Director to submit a report that includes: (1) an assessment of the progress in implementing the Plan, (2) an assessment of the key ecological attributes that reflect the health of the ecosystem of the Sound watershed, (3) a description of substantive modifications to the Plan, (4) recommendations to improve progress in restoring and protecting the Sound watershed, (5) priority actions for implementing the Plan, and (6) a description of the means for coordinating federal funding and actions with the Long Island Sound states and other entities. Requires the President to submit, with the annual budget, information regarding each federal agency involved in the protection and restoration of the Sound watershed. Requires the EPA Administrator to coordinate the actions of federal agencies to improve the water quality and living resources of the watershed. Requires a federal agency that owns or occupies real property, or carries out activities, within the Sound watershed to: (1) participate in regional and subwatershed planning, protection, and restoration activities; and (2) ensure that the property and activities are consistent with the Plan. Amends the Long Island Sound Stewardship Act of 2006 to reauthorize the Long Island Sound Stewardship Advisory Committee through 2018 and exempts the Advisory Committee or any board, committee, or other group established under this Act from the Federal Advisory Committee Act. (Sec. 3) Extends through FY2018 the authorizations to the EPA for the implementation of the Management Conference of the Long Island Sound Study, the Long Island Sound Stewardship Act of 2006, the Long Island Sound Grants, and Long Island Sound Stewardship Grants.

113 S1080 IS: Long Island Sound Restoration and Stewardship Act U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1080 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mrs. Gillibrand Mr. Blumenthal Mr. Schumer Mr. Murphy Committee on Environment and Public Works A BILL To amend and reauthorize certain provisions relating to Long Island Sound restoration and stewardship. 1. Short title This Act may be cited as the Long Island Sound Restoration and Stewardship Act 2. Amendments (a) Long Island Sound restoration program Section 119 of the Federal Water Pollution Control Act ( 33 U.S.C. 1269 (1) in subsection (b), by striking the subsection designation and heading and all that follows through The Office shall (b) Office (1) Establishment The Administrator shall— (A) continue to carry out the conference study; and (B) establish an office, to be located on or near Long Island Sound. (2) Administration and staffing The Office shall ; (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking Management Conference of the Long Island Sound Study conference study (B) in paragraph (2)— (i) in each of subparagraphs (A) through (G), by striking the commas at the end of the subparagraphs and inserting semicolons; (ii) in subparagraph (H), by striking , and (iii) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (J) environmental impacts on the Long Island Sound watershed, including— (i) the identification and assessment of vulnerabilities in the watershed; (ii) the development and implementation of adaptation strategies to reduce those vulnerabilities; and (iii) the identification and assessment of the impacts of sea level rise on water quality, habitat, and infrastructure in Long Island Sound; and (K) planning initiatives for Long Island Sound that identify the areas that are most suitable for various types or classes of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, or preserve critical ecosystem services to meet economic, environmental, security, or social objectives; ; (C) by striking paragraph (4) and inserting the following: (4) develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of Long Island Sound; ; (D) in paragraph (5), by inserting study conference (E) in paragraph (6)— (i) by inserting (including on the Internet) the public (ii) by inserting study conference (F) by striking paragraph (7) and inserting the following: (7) monitor the progress made toward meeting the identified goals, actions, and schedules of the Comprehensive Conservation and Management Plan, including through the implementation and support of a monitoring system for the ecological health and water quality conditions of Long Island Sound; and ; (3) in subsection (d)(3), in the second sentence, by striking 50 per centum 60 percent (4) by redesignating subsection (f) as subsection (i); and (5) by inserting after subsection (e) the following: (f) Report (1) In general Not later than 2 years after the date of enactment of the Long Island Sound Restoration and Stewardship Act (A) summarizes and assesses the progress made by the Office and the Long Island Sound States in implementing the Long Island Sound Comprehensive Conservation and Management Plan, including an assessment of the progress made toward meeting the performance goals and milestones contained in the Plan; (B) assesses the key ecological attributes that reflect the health of the ecosystem of the Long Island Sound watershed; (C) describes any substantive modifications to the Long Island Sound Comprehensive Conservation and Management Plan made during the 2-year period preceding the date of submission of the report; (D) provides specific recommendations to improve progress in restoring and protecting the Long Island Sound watershed, including, as appropriate, proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan; (E) identifies priority actions for implementation of the Long Island Sound Comprehensive Conservation and Management Plan for the 2-year period following the date of submission of the report; and (F) describes the means by which Federal funding and actions will be coordinated with the actions of the Long Island Sound States and other entities. (2) Public availability The Administrator shall make the report described in paragraph (1) available to the public, including on the Internet. (g) Annual budget plan The President shall submit, together with the annual budget of the United States Government submitted under section 1105(a) (1) an interagency crosscut budget that displays for each department and agency— (A) the amount obligated during the preceding fiscal year for protection and restoration projects and studies relating to the watershed; (B) the estimated budget for the current fiscal year for protection and restoration projects and studies relating to the watershed; and (C) the proposed budget for succeeding fiscal years for protection and restoration projects and studies relating to the watershed; and (2) a summary of any proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan for the following fiscal year. (h) Federal entities (1) Coordination The Administrator shall coordinate the actions of all Federal departments and agencies that impact water quality in the Long Island Sound watershed in order to improve the water quality and living resources of the watershed. (2) Methods In carrying out this section, the Administrator, acting through the Director of the Office, may— (A) enter into interagency agreements; and (B) make intergovernmental personnel appointments. (3) Federal participation in watershed planning A Federal department or agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall participate in regional and subwatershed planning, protection, and restoration activities with respect to the watershed. (4) Consistency with comprehensive conservation and management plan To the maximum extent practicable, the head of each Federal department and agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall ensure that the property and all activities carried out by the department or agency are consistent with the Long Island Sound Comprehensive Conservation and Management Plan (including any related subsequent agreements and plans). . (b) Long Island Sound stewardship program (1) Long Island Sound Stewardship Advisory Committee Section 8 of the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 Public Law 109–359 (A) in subsection (g), by striking 2011 2018 (B) by adding at the end the following: (h) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to— (1) the Advisory Committee; or (2) any board, committee, or other group established under this Act. . (2) Reports Section 9(b)(1) of the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 Public Law 109–359 2011 2018 (3) Authorization Section 11 of the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 Public Law 109–359 (A) by striking subsection (a); (B) by redesignating subsections (b) through (d) as subsections (a) through (c), respectively; and (C) in subsection (a) (as so redesignated), by striking under this section each to carry out this Act for a (4) Effective date The amendments made by this subsection take effect on October 1, 2011. 3. Reauthorization (a) In general There are authorized to be appropriated to the Administrator of the Environmental Protection Agency such sums as are necessary for each of fiscal years 2014 through 2018 for the implementation of— (1) section 119 of the Federal Water Pollution Control Act ( 33 U.S.C. 1269 (2) the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269 Public Law 109–359 (b) Long Island Sound grants There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out section 119(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1269(d) (c) Long Island Sound stewardship grants There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out the Long Island Sound Stewardship Act of 2006 ( 33 U.S.C. 1269

Long Island Sound Restoration and Stewardship Act

Military Whistleblower Protection Enhancement Act of 2013 - Revises provisions concerning protected communications from members of the Armed Forces (members) to specified military and government officials (military whistleblower provisions) to include communications made to a court, grand jury, or court-martial proceeding or to an authorized official of the Department of Justice (DOJ) or another law enforcement agency. Includes as additional protected communications any alleged violation of law, rule, or regulation, including those prohibiting rape, sexual assault, or other sexual misconduct under provisions of the Uniform Code of Military Justice (UCMJ). Provides that neither an initial determination of whether a prohibited personnel retaliatory action was taken against a member for such a communication nor a subsequent investigation is required in the case of an allegation made more than one year (under current law, 60 days) after the member first becomes aware of the personnel action. Requires reports by inspectors general of the military departments concerned on prohibited retaliatory personnel actions to: (1) be submitted to such department's Secretary (under current law, to the Secretary of Defense [DOD]); and (2) include an explicit determination as to whether a prohibited personnel action has occurred and recommendations for disposition of the complaint, including appropriate corrective action for the member. Requires any such corrective action to occur within 30 days after the receipt of such report. Requires the Secretary of Homeland Security (DHS) (with respect to the Coast Guard) and the Secretary concerned, upon determining that an order for corrective or disciplinary action is not appropriate, to notify the Secretary of Defense, the congressional defense committees, and the member of such determination and the reasons for not taking action. Requires (under current law, allows) the appropriate correction of military records upon the request of a member for whom a prohibited action determination has been made. Establishes the member's and agency's burden of proof with respect to military whistleblower protection investigations and determinations.

113 S1081 IS: Military Whistleblower Protection Enhancement Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1081 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Warner Mr. Kaine Committee on Armed Services A BILL To amend title 10, United States Code, to expand and enhance authorities on protected communications of members of the Armed Forces, and for other purposes. 1. Short title This Act may be cited as the Military Whistleblower Protection Enhancement Act of 2013 2. Expansion and enhancement of authorities relating protected communications of members of the Armed Forces and prohibited retaliatory actions (a) Expansion of prohibited retaliatory personnel actions Subsection (b) of section 1034 (1) in paragraph (1)— (A) in subparagraph (A), by striking or (B) in subparagraph (B)— (i) in clause (i), by inserting or a representative of a Member of Congress a Member of Congress (ii) in clause (iv), by striking or (iii) by redesignating clause (v) as clause (vi); (iv) by inserting after clause (v) the following new clause (v): (v) a court, grand jury, or court-martial proceeding, or an authorized official of the Department of Justice or another law enforcement agency; or ; and (v) in clause (vi), as redesignated by clause (iii) of this subparagraph, by striking the period at the end and inserting ; or (C) by adding at the end the following new subparagraph: (C) testimony, or otherwise participating in or assisting in an investigation or proceeding related to a communication under subparagraph (A) or (B), or filing, causing to be filed, participating in, or otherwise assisting in an action brought under this section. ; and (2) in paragraph (2), by inserting after any favorable action , or a significant change in a member's duties, responsibilities, or working conditions (b) Inspector General investigations of allegations Subsection (c) of such section is amended— (1) in paragraph (1), by striking paragraph (3) paragraph (4) (2) in paragraph (2), by striking subparagraph (A) and inserting the following new subparagraph (A): (A) Any violation of any law, rule, or regulation, including a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment or unlawful discrimination. ; (3) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; (4) by inserting after paragraph (2) the following new paragraph (3): (3) A communication described in paragraph (2) shall not be excluded from the protections provided in this section because— (A) the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2); (B) the communication revealed information that had previously been communicated; (C) of the member’s motive for making the communication; (D) the communication was not made in writing; (E) the communication was made while the member was off duty; (F) the communication was made during the normal course of duties of the member. ; (5) in subparagraph (D) of paragraph (4), as redesignated by paragraph (3) of this subsection, by inserting before the period at the end of the second sentence the following: , with the consent of the member (6) in paragraph (5), as so redesignated— (A) by striking paragraph (3)(A) paragraph (4)(A) (B) by striking paragraph (3)(D) paragraph (4)(D) (C) by striking 60 days one year (c) Inspector General investigations of underlying allegations Subsection (d) of such section is amended by striking subparagraph (A) or (B) of subsection (c)(2) subparagraph (A), (B), or (C) of subsection (c)(2) (d) Reports on investigations Subsection (e) of such section is amended— (1) in paragraph (1)— (A) by striking subsection (c)(3)(E) subsection (c)(4)(E) (B) by striking the Secretary of Defense the Secretary of the military department concerned (C) by striking to the Secretary, to such Secretary, (2) in paragraph (3), by striking the Secretary of Defense the Secretary of the military department concerned (3) in paragraph (4), by striking the second sentence and inserting the following new sentence: The report shall include an explicit determination as to whether a personnel action prohibited by subsection (b) has occurred and a recommendation as to the disposition of the complaint, including appropriate corrective action for the member. (e) Action in case of violations Such section is further amended— (1) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (j), and (k), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) Action in case of violations (1) If an Inspector General reports under subsection (e) that a personnel action prohibited by subsection (b) has occurred, not later than 30 days after receiving such report from the Inspector General, the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall order such action as is necessary to correct the record of a personnel action prohibited by subsection (b), taking into account the recommendations in the report by the Inspector General. Such Secretary shall take any appropriate disciplinary action against the individual who committed such prohibited personnel action. (2) If the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, determines that an order for corrective or disciplinary action is not appropriate, not later than 30 days after making the determination, such Secretary shall— (A) provide to the Secretary of Defense, the Committees on Armed Services of the Senate and the House of Representatives, and the member or former member, a notice of the determination and the reasons for not taking action; or (B) refer the report to the appropriate board for the correction of military records for further review under subsection (g). . (f) Correction of records Subsection (g) of such section, as redesignated by subsection (e)(1) of this section, is further amended— (1) in paragraph (1), by striking may review shall review (2) in paragraph (2)(C), by striking may upon the request of the member or former member, after an initial determination that a complaint is not frivolous and has not previously been addressed by the board, shall (3) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking board elects to hold board holds (B) in subparagraph (A)— (i) by striking may be provided shall be provided (ii) in clause (ii), by striking the case is unusually complex or otherwise requires the member or former member would benefit from (g) Review Subsection (h) of such section, as redesignated by subsection (e)(1) of this section, is further amended by striking subsection (f) subsection (g) (h) Burdens of proof Such section is further amended by inserting after subsection (h), as so redesignated, the following new subsection (i): (i) Burdens of proof The burdens of proof specified in section 1221(e) of title 5 shall apply in any investigation conducted by an Inspector General, and any review conducted by the Secretary of Defense, the Secretary of Homeland Security, and any board for the correction of military records, under this section. . (i) Effective date The amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act, and shall apply with respect to allegations pending or submitted under section 1034 of title 10, United States Code, on or after that date.

Military Whistleblower Protection Enhancement Act of 2013

Accelerated Learning Act of 2013 - Directs the Secretary of Education to allot grants to states, based on their share of low-income elementary and secondary school students, to cover part or all of the Advanced Placement (AP) or International Baccalaureate (IB) examination fee low-income students incur. Directs the Secretary to award renewable competitive matching grants to states, local educational agencies (LEAs), or partnerships between a nonprofit organization and a state or LEA for activities that increase: (1) the number of qualified teachers at high-need schools who are teaching AP or IB courses, (2) the number of AP or IB courses offered at high-need schools, and (3) the number of students at high-need schools who enroll and succeed in such courses. Gives priority, in awarding the competitive grants, to applicants that: (1) have a state-wide or district-wide strategy for increasing the availability of AP or IB courses, and pre-AP or pre-IB courses, in high-need schools; (2) focus on increasing AP or IB courses in the core academic subjects; and (3) target high-need schools. Defines a "high-need school" as a secondary school that has a demonstrated need for Advanced Placement or International Baccalaureate courses and that: (1) has a high concentration of low-income students; or (2) is designated with a school locale code of 41, 42, or 43. Directs the Secretary, through the Director of the Institute of Education Sciences, to evaluate the implementation and impact of the activities supported by the competitive grant program.

113 S1082 IS: Accelerated Learning Act of 2013 U.S. Senate 2013-05-23 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 113th CONGRESS 1st Session S. 1082 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Franken Committee on Health, Education, Labor, and Pensions A BILL To promote Advanced Placement and International Baccalaureate programs. 1. Short title This Act may be cited as the Accelerated Learning Act of 2013 2. Purpose It is the purpose of this Act— (1) to raise student academic achievement through accelerated learning programs, including Advanced Placement and International Baccalaureate programs, by increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; (2) to increase the number of students attending high-need schools who enroll and succeed in Advanced Placement or International Baccalaureate courses and Advanced Placement or International Baccalaureate examinations; (3) to support efforts by States and local educational agencies to increase the availability of, and enrollment in, Advanced Placement or International Baccalaureate courses and pre-Advanced Placement or pre-International Baccalaureate courses in high-need schools; and (4) to provide high-quality professional development for teachers of Advanced Placement or International Baccalaureate courses and pre-Advanced Placement or pre-International Baccalaureate courses in high-need schools. 3. Funding distribution rule From amounts appropriated under section 8 for a fiscal year, the Secretary shall give priority to funding activities under section 4 and shall distribute any remaining funds under section 5. 4. Advanced Placement examination fee program (a) Grants authorized From amounts made available under section 3 for a fiscal year, the Secretary shall award grants to State educational agencies having applications approved under this section to enable the State educational agencies to reimburse low-income students to cover part or all of the costs of Advanced Placement or International Baccalaureate examination fees, if the low-income students— (1) are enrolled in an Advanced Placement or International Baccalaureate course; and (2) plan to take an Advanced Placement or International Baccalaureate examination. (b) Award basis In determining the amount of the grant awarded to a State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (c) Information dissemination A State educational agency that is awarded a grant under this section shall make publicly available information regarding the availability of Advanced Placement or International Baccalaureate examination fee payments under this section, and shall disseminate such information to eligible secondary school students and parents, including through secondary school teachers and counselors. (d) Applications Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. At a minimum, each State educational agency application shall— (1) describe the Advanced Placement or International Baccalaureate examination fees the State educational agency will pay on behalf of low-income students in the State from grant funds awarded under this section; (2) provide an assurance that any grant funds awarded under this section shall be used only to pay for Advanced Placement or International Baccalaureate examination fees; and (3) contain such information as the Secretary may require to demonstrate that the State educational agency will ensure that a student is eligible for payments authorized under this section, including ensuring that the student is a low-income student. (e) Regulations The Secretary shall prescribe such regulations as are necessary to carry out this section. (f) Report (1) In general Each State educational agency awarded a grant under this section shall, with respect to each Advanced Placement or International Baccalaureate course subject, annually report to the Secretary the following data for the preceding year: (A) The number of students in the State who are taking an Advanced Placement or International Baccalaureate course in such subject. (B) The number of Advanced Placement or International Baccalaureate examinations taken by students in the State who have taken an Advanced Placement or International Baccalaureate course in such subject. (C) The number of students in the State scoring at each level on Advanced Placement or International Baccalaureate examinations in that subject, disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (D) Demographic information regarding students in the State taking Advanced Placement or International Baccalaureate courses and Advanced Placement or International Baccalaureate examinations in that subject, disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (2) Report to congress The Secretary shall annually compile the information received from each State educational agency under paragraph (1) and report to the authorizing committees of Congress regarding the information. (g) BIA as SEA For purposes of this section, the Bureau of Indian Affairs shall be treated as a State educational agency. 5. Advanced Placement incentive program grants (a) Grants authorized (1) In general From amounts made available under section 3 for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (e). (2) Duration, renewal, and payments (A) Duration The Secretary shall award a grant under this section for a period of not more than 3 years. (B) Renewal The Secretary may renew a grant awarded under this section for an additional period of not more than 2 years, if an eligible entity— (i) is achieving the objectives of the grant; and (ii) has shown improvement against baseline data on the performance measures described in subparagraphs (A) through (E) of subsection (g)(1). (C) Payments The Secretary shall make grant payments under this section on an annual basis. (b) Definition of Eligible entity The term eligible entity (1) a State educational agency; (2) a local educational agency; or (3) a partnership consisting of— (A) a national, regional, or statewide nonprofit organization, with expertise and experience in providing Advanced Placement or International Baccalaureate course services; and (B) a State educational agency or local educational agency. (c) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents The application shall, at a minimum, include a description of— (A) the goals and objectives for the project supported by the grant under this section, including— (i) increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; (ii) increasing the number of Advanced Placement or International Baccalaureate courses that are offered at high-need schools; and (iii) increasing the number of students attending a high-need school, particularly low-income students, who enroll and succeed in— (I) Advanced Placement or International Baccalaureate courses; and (II) if offered by the school, pre-Advanced Placement or pre-International Baccalaureate courses; (B) how the eligible entity will ensure that students have access to courses, including pre-Advanced Placement or pre-International Baccalaureate courses, that will prepare students to enroll and succeed in Advanced Placement or International Baccalaureate courses; (C) how the eligible entity will provide professional development for teachers that will further the goals and objectives of the grant project; (D) how the eligible entity will ensure that teachers serving high-need schools are qualified to teach Advanced Placement or International Baccalaureate courses; (E) how the eligible entity will provide for the involvement of business and community organizations and other entities, including institutions of higher education, in carrying out the activities described in subsection (e); (F) how the eligible entity will use funds received under this section; and (G) how the eligible entity will evaluate the success of the grant project. (d) Priority In awarding grants under this section, the Secretary shall give priority to applications from eligible entities that— (1) are part of a statewide or districtwide strategy, as applicable, for increasing the availability of Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools; (2) demonstrate a focus on increasing the availability of Advanced Placement or International Baccalaureate courses in the core academic subjects; and (3) propose to carry out activities that target high-need schools. (e) Authorized activities (1) In general Each eligible entity that receives a grant under this section shall use the grant funds to carry out activities designed to increase— (A) the number of qualified teachers serving high-need schools who are teaching Advanced Placement or International Baccalaureate courses; and (B) the number of students attending high-need schools who enroll in, and succeed in, the examinations for such courses, including through reimbursing low-income students attending high-need schools for part or all of the cost of Advanced Placement or International Baccalaureate examination fees. (2) Allowable activities In addition to the activities described in paragraph (1), an eligible entity that receives a grant under this section may use grant funds for— (A) high-quality teacher professional development, in order to expand the pool of teachers in the participating State, local educational agency, or high-need school who are qualified to teach Advanced Placement or International Baccalaureate courses, including through innovative models such as online academies and training institutes; (B) pre-Advanced Placement or pre-International Baccalaureate teacher and counselor high-quality professional development in secondary school to prepare students for success in Advanced Placement or International Baccalaureate courses, and in institutions of higher education; (C) coordination and articulation between grade levels to prepare students to enroll and succeed in Advanced Placement or International Baccalaureate courses; (D) the purchase of instructional materials for Advanced Placement or International Baccalaureate courses; (E) activities to increase the availability of, and participation in, online Advanced Placement or International Baccalaureate courses; (F) carrying out the requirements of subsection (g); and (G) in the case of an eligible entity described in subsection (b)(1), awarding subgrants to local educational agencies to enable the local educational agencies to carry out authorized activities described in subparagraphs (A) through (F). (f) Contracts An eligible entity that is awarded a grant to provide online Advanced Placement or International Baccalaureate courses under this Act may enter into a contract with an organization to provide the online Advanced Placement or International Baccalaureate courses, including contracting for necessary support services. (g) Collecting and reporting requirements (1) Report Each eligible entity receiving a grant under this section shall collect and report to the Secretary annually such data regarding the results of the grant as the Secretary may reasonably require, including— (A) the number of students served by the eligible entity enrolling in Advanced Placement or International Baccalaureate courses and pre-Advanced Placement or pre-International Baccalaureate courses, disaggregated by grade level of the student, and the grades received by such students in the courses; (B) the number of students taking an Advanced Placement or International Baccalaureate examination and the distribution of scores on those examinations, disaggregated by the grade level of the student at the time of examination; (C) the number of teachers who are currently, as of the date of the report, receiving training to teach Advanced Placement or International Baccalaureate courses and will teach such courses in the next school year; (D) the number of teachers becoming qualified to teach Advanced Placement or International Baccalaureate courses; and (E) the number of qualified teachers who are teaching Advanced Placement or International Baccalaureate courses in high-need schools served by the eligible entity. (2) Reporting of data Each eligible entity receiving a grant under this section shall report the data required under paragraph (1)— (A) disaggregated by subject area; (B) in the case of student data, disaggregated in the same manner as information is disaggregated under section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(v) (C) in a manner that allows for an assessment of the effectiveness of the grant program. (h) Evaluation The Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this section, including progress as measured by the performance measures established under subparagraphs (A) through (E) of subsection (g)(1). (i) Matching requirement (1) In general Notwithstanding paragraph (3), each eligible entity that receives a grant under this section shall provide toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, except that an eligible entity that is a high-need local educational agency, as determined by the Secretary, shall provide an amount equal to not more than 50 percent of the amount of the grant. (2) Matching funds The eligible entity may provide the matching funds described in paragraph (1) in cash or in-kind, fairly evaluated, but may not provide more than 50 percent of the matching funds in-kind. The eligible entity may provide the matching funds from State, local, or private sources. (3) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). 6. Supplement, not supplant Grant funds provided under this Act shall supplement, and not supplant, other non-Federal funds that are available to assist low-income students to pay for the cost of Advanced Placement or International Baccalaureate examination fees or to expand access to Advanced Placement and pre-Advanced Placement courses or International Baccalaureate and pre-International Baccalaureate courses. 7. Definitions In this Act: (1) In General Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (2) Advanced Placement or International Baccalaureate course The term Advanced Placement or International Baccalaureate course (A) a course of postsecondary-level instruction provided to middle or secondary school students, terminating in an Advanced Placement or International Baccalaureate examination; or (B) another highly rigorous, evidence-based, postsecondary preparatory program terminating in— (i) an examination or sequence of courses that are widely accepted for credit at institutions of higher education; or (ii) another examination or sequence of courses approved by the Secretary. (3) Advanced Placement or International Baccalaureate examination The term Advanced Placement or International Baccalaureate examination (4) High-need school The term high-need school (A) with a demonstrated need for Advanced Placement or International Baccalaureate courses; and (B) that— (i) has a high concentration of low-income students; or (ii) is designated with a school locale code of 41, 42, or 43, as determined by the Secretary. (5) Low-income student The term low-income student 8. Authorization of Appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

Accelerated Learning Act of 2013

Streamlining Energy Efficiency for Schools Act of 2013 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy (DOE), acting through the Office of Energy Efficiency and Renewable Energy, to act as the lead federal agency for coordinating and disseminating information on existing federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. Requires the Secretary to: (1) carry out a review of existing programs and financing mechanisms available in or from appropriate federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used for such purposes; (2) establish a federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available federal opportunities and assistance for such projects that enables states, local educational agencies, and schools to use existing federal opportunities more effectively and to form partnerships with governors, state energy programs, local educational, financial, and energy officials, state and local officials, nonprofit organizations, and other appropriate entities to support project initiation; (3) provide technical assistance for states, local educational agencies, and schools to help develop and finance projects that meet specified requirements; (4) develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the Office for states, local educational agencies, and schools to effectively access and use federal opportunities and assistance to develop such projects; and (5) establish a process for recognition of schools that have successfully implemented such projects and are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts.

113 S1084 IS: Streamlining Energy Efficiency for Schools Act of 2013 U.S. Senate 2013-06-03 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 113th CONGRESS 1st Session S. 1084 IN THE SENATE OF THE UNITED STATES June 3, 2013 Mr. Udall of Colorado Ms. Collins Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to establish the Office of Energy Efficiency and Renewable Energy as the lead Federal agency for coordinating Federal, State, and local assistance provided to promote the energy retrofitting of schools. 1. Short title This Act may be cited as the Streamlining Energy Efficiency for Schools Act of 2013 2. Coordination of energy retrofitting assistance for schools Section 392 of the Energy Policy and Conservation Act ( 42 U.S.C. 6371a (e) Coordination of energy retrofitting assistance for schools (1) Definition of school In this subsection, the term school (A) an elementary school or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (B) an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)); (C) a school of the defense dependents’ education system under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.) or established under section 2164 (D) a school operated by the Bureau of Indian Affairs; (E) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2511 (F) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))). (2) Designation of lead agency The Secretary, acting through the Office of Energy Efficiency and Renewable Energy, shall act as the lead Federal agency for coordinating and disseminating information on existing Federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. (3) Requirements In carrying out coordination and outreach under paragraph (2), the Secretary shall— (A) in consultation and coordination with the appropriate Federal agencies, carry out a review of existing programs and financing mechanisms (including revolving loan funds and loan guarantees) available in or from the Department of Agriculture, the Department of Energy, the Department of Education, the Department of the Treasury, the Internal Revenue Service, the Environmental Protection Agency, and other appropriate Federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools; (B) establish a Federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available Federal opportunities and assistance described in subparagraph (A), for energy efficiency, renewable energy, and energy retrofitting projects that enables States, local educational agencies, and schools— (i) to use existing Federal opportunities more effectively; and (ii) to form partnerships with Governors, State energy programs, local educational, financial, and energy officials, State and local government officials, nonprofit organizations, and other appropriate entities, to support the initiation of the projects; (C) provide technical assistance for States, local educational agencies, and schools to help develop and finance energy efficiency, renewable energy, and energy retrofitting projects— (i) to increase the energy efficiency of buildings or facilities; (ii) to install systems that individually generate energy from renewable energy resources; (iii) to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives; or (iv) to promote— (I) the maintenance of health, environmental quality, and safety in schools, including the ambient air quality, through energy efficiency, renewable energy, and energy retrofit projects; and (II) the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices; (D) develop and maintain a single online resource Web site with contact information for relevant technical assistance and support staff in the Office of Energy Efficiency and Renewable Energy for States, local educational agencies, and schools to effectively access and use Federal opportunities and assistance described in subparagraph (A) to develop energy efficiency, renewable energy, and energy retrofitting projects; and (E) establish a process for recognition of schools that— (i) have successfully implemented energy efficiency, renewable energy, and energy retrofitting projects; and (ii) are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts. (4) Report Not later than 180 days after the date of enactment of this subsection, the Secretary shall submit to Congress a report describing the implementation of this subsection. (5) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2014 through 2018. .

Streamlining Energy Efficiency for Schools Act of 2013

Small Business Tax Certainty and Growth Act of 2013 - Expresses the sense of the Senate that Congress should undertake comprehensive tax reform to make the tax system fairer and simpler and to promote economic growth. Amends the Internal Revenue Code to: (1) make permanent the increased tax deductions for business start-up expenditures, organizational expenditures, and organization and syndication fees; (2) allow the cash accounting method for businesses whose gross receipts do not exceed $10 million (currently, $5 million); (3) exempt businesses whose gross receipts do not exceed $10 million from the requirement to use inventories; (4) make permanent the $250,000 allowance for expensing business assets, including computer software; (5) extend for one year the additional depreciation allowance for business assets; and (6) extend through 2014 the 15-year straight-line depreciation allowance for qualified leasehold, restaurant, and retail improvements.

113 S1085 IS: Small Business Tax Certainty and Growth Act of 2013 U.S. Senate 2013-06-03 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 113th CONGRESS 1st Session S. 1085 IN THE SENATE OF THE UNITED STATES June 3, 2013 Ms. Collins Mr. Casey Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide tax incentives for small businesses. 1. Short title This Act may be cited as the Small Business Tax Certainty and Growth Act of 2013 2. Sense of the Senate regarding tax reform It is the sense of the Senate that Congress should undertake comprehensive tax reform legislation to— (1) make our system fairer and simpler; and (2) promote economic growth. 3. Permanent doubling of deductions for start-up expenses, organizational expenses, and syndication fees (a) Start-Up expenses (1) In general Clause (ii) of section 195(b)(1)(A) of the Internal Revenue Code of 1986 is amended— (A) by striking $5,000 $10,000 (B) by striking $50,000 $60,000 (2) Conforming amendment Subsection (b) of section 195 of the Internal Revenue Code of 1986 is amended by striking paragraph (3). (b) Organizational expenses Subparagraph (B) of section 248 of the Internal Revenue Code of 1986 is amended— (1) by striking $5,000 $10,000 (2) by striking $50,000 $60,000 (c) Organization and syndication fees Clause (ii) of section 709(b)(1)(A) of the Internal Revenue Code of 1986 is amended— (1) by striking $5,000 $10,000 (2) by striking $50,000 $60,000 (d) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years ending on or after the date of the enactment of this Act. 4. Clarification of cash accounting rules for small business (a) Cash accounting permitted (1) In general Section 446 of the Internal Revenue Code of 1986 (relating to general rule for methods of accounting) is amended by adding at the end the following new subsection: (g) Certain small business taxpayers permitted To use cash accounting method without limitation (1) In general An eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year. (2) Eligible taxpayer For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if— (A) for all prior taxable years beginning after December 31, 2013, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and (B) the taxpayer is not subject to section 447 or 448. . (2) Expansion of gross receipts test (A) In general Paragraph (3) of section 448(b) of such Code (relating to entities with gross receipts of not more than $5,000,000) is amended by striking $5,000,000 $10,000,000 (B) Conforming amendments Section 448(c) of such Code is amended— (i) by striking $5,000,000 $10,000,000 (ii) by adding at the end the following new paragraph: (4) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2014, the dollar amount contained in subsection (b)(3) and paragraph (1) of this subsection shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2013 calendar year 1992 If any amount as adjusted under this subparagraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000. . (b) Clarification of inventory rules for small business (1) In general Section 471 of the Internal Revenue Code of 1986 (relating to general rule for inventories) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Small business taxpayers not required To use inventories (1) In general A qualified taxpayer shall not be required to use inventories under this section for a taxable year. (2) Treatment of taxpayers not using inventories If a qualified taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2013, such property shall be treated as a material or supply which is not incidental. (3) Qualified taxpayer For purposes of this subsection, the term qualified taxpayer (A) any eligible taxpayer (as defined in section 446(g)(2)), and (B) any taxpayer described in section 448(b)(3). . (2) Increased eligibility for simplified dollar-value LIFO method Section 474(c) is amended by striking $5,000,000 the dollar amount in effect under section 448(c)(1) (c) Effective date and special rules (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2013. (2) Change in method of accounting In the case of any taxpayer changing the taxpayer’s method of accounting for any taxable year under the amendments made by this section— (A) such change shall be treated as initiated by the taxpayer; (B) such change shall be treated as made with the consent of the Secretary of the Treasury; and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period (not greater than 4 taxable years) beginning with such taxable year. 5. Permanent extension of expensing limitation (a) Dollar limitation Section 179(b)(1) shall not exceed shall not exceed $250,000. (b) Reduction in limitation Section 179(b)(2) of such Code is amended by striking exceeds exceeds $800,000. (c) Inflation adjustment Subsection (b) of section 179 of such Code is amended by adding at the end the following new paragraph: (6) Inflation adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2014, the $250,000 in paragraph (1) and the $800,000 amount in paragraph (2) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2013 calendar year 1992 (B) Rounding (i) Dollar limitation If the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. (ii) Phaseout amount If the amount in paragraph (2) as increased under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . (d) Computer software Section 179(d)(1)(A)(ii) of such Code is amended by striking and before 2014 (e) Election Section 179(c)(2) of such Code is amended by striking and before 2014 (f) Special rules for treatment of qualified real property (1) In general Section 179(f)(1) of such Code is amended by striking beginning in 2010, 2011, 2012, or 2013 beginning after 2009 (2) Conforming amendment Section 179(f) of such Code is amended by striking paragraph (4). (g) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 6. Extension of bonus depreciation (a) In general Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended— (1) by striking January 1, 2015 January 1, 2016 (2) by striking January 1, 2014 January 1, 2015 (b) Special rule for Federal long-Term contracts Clause (ii) of section 460(c)(6)(B) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 (January 1, 2015 January 1, 2015 (January 1, 2016 (c) Conforming Amendments (1) The heading for subsection (k) of section 168 January 1, 2014 January 1, 2015 (2) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking Pre-january 1, 2014 Pre-january 1, 2015 (3) Section 168(k)(4)(D) is amended by striking and (iv) January 1, 2015 January 1, 2016 (v) January 1, 2014 January 1, 2015 . (4) Section 168(l)(4) of such Code is amended by striking and (B) by substituting January 1, 2014 January 1, 2015 . (5) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking January 1, 2014 January 1, 2015 (6) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking January 1, 2014 January 1, 2015 (7) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking January 1, 2014 January 1, 2015 (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013, in taxable years ending after such date. 7. Extension of 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements (a) In General Clauses (iv), (v), and (ix) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 are each amended by striking January 1, 2014 January 1, 2015 (b) Effective Date The amendments made by this section shall apply to property placed in service after December 31, 2013.

Small Business Tax Certainty and Growth Act of 2013

(This measure has not been amended since it was passed by the House on September 15, 2014. The summary of that version is repeated here.) Child Care and Development Block Grant Act of 2014 - (Sec. 3) Reauthorizes the child care and development block grant (CCDBG) program under the Child Care and Development Block Grant Act of 1990 (CCDBG Act) through FY2020 at specified levels. (Sec. 4) Allows governors to designate a collaborative agency or establish a joint interagency office to serve as the lead agency responsible for administering the CCDBG program. Requires the lead agency, at the option of an Indian tribe or organization in the state, to collaborate and coordinate with that tribe or tribal organization in the development of the state child care and development plan in a timely manner. (Sec. 5) Increases from two to three years the period that must be covered by a state child care and development plan. Revises and expands plan requirements, including, among others, those regarding state licensing, consumer and provider education information, training and professional development, child-to-provider ratios, health and safety, child abuse reporting, protection for working parents, priority for low-income populations, coordination with other programs, and the needs of children in child care services during the period before, during, and after a state of emergency, including a statewide child care disaster plan meeting specified criteria. Prescribes early learning and developmental guidelines. Requires the Secretary of Health and Human Services (HHS), acting through the Assistant Secretary for Children and Families, to report annually about whether each state uses funds allocated to it for the fiscal year involved in accordance with the specified priority for services. Authorizes a state to use funds to establish or support a system of local or regional child care resource and referral organizations. Requires the state plan to demonstrate that the state has developed and conducted (within the two years preceding submission of the application containing the state plan) a statistically valid and reliable survey of the market rates for child care services in the state or an alternative methodology, such as a cost estimation model. (Sec. 6) Revises requirements for activities to improve the quality of child care. Requires that states spend the following percentages of their program funding to improve the quality of child care: (1) at least 7% in the first two fiscal years after the enactment of this Act, (2) at least 8% in the third and fourth fiscal years, and (3) at least 9% in the fifth and each succeeding full fiscal year after enactment. Requires states to spend, in addition, at least 3% of such funds received by the second full fiscal year after enactment, and received for each succeeding full fiscal year, to improve the quality of care for infants and toddlers. Requires states receiving funds under the CCDBG Act to: (1) support training and professional development of the child care workforce, (2) improve development or use of early learning and developmental guidelines, (3) develop or enhance a tiered quality rating system for child care providers and services, and (4) improve the supply and quality of child care programs and services for infants and toddlers through specified activities. (Sec. 7) Requires any state receiving CCDBG funds to have in effect: (1) policies and procedures to require and conduct criminal background checks, with a 10-year look-back period, for current and prospective staff members of child care providers; and (2) licensing, regulation, and registration requirements that prohibit the employment of certain ineligible individuals as child care staff members. Requires a state to ensure that such policies and procedures are published on the websites of state and local lead agencies. Makes ineligible for employment by a child care provider receiving assistance under this Act any individual who: (1) refuses to consent to a criminal background check, (2) knowingly makes a materially false statement in connection with such a background check, (3) is registered or is required to be registered on a state sex offender registry or the National Sex Offender Registry, or (4) has been convicted of one or more specified felonies. Prescribes requirements for the process of background checks, including fees a state may charge. (Sec. 8) Directs the Secretary of Health and Human Services (HHS) to: (1) provide technical assistance to states (which may be on a reimbursable basis) by qualified experts on practices grounded in scientifically valid research to carry out the CCDBG Act; (2) disseminate, for voluntary informational purposes, information on practices that scientifically valid research indicates are most successful in improving the quality of programs that receive CCDBG assistance; and (3) after consultation with the heads of any other federal agencies involved, issue guidance and disseminate information on best practices regarding use of funding combined by the states. Authorizes the Secretary to waive, upon state request, for up to three years any provision under the CCDBG program, or sanctions imposed upon a state for noncompliance with requirements, if the Secretary makes certain findings, including that the waiver will, by itself, contribute to or enhance the states's ability to carry out CCDBG purposes. Declares that nothing shall be construed as granting the Secretary authority to permit states to alter the eligibility requirements for eligible children, including work requirements, job training, or educational program participation, that apply to the parents of eligible children. Requires states receiving CCDBG funds to collect monthly information on whether children receiving CCDBG assistance are homeless. Requires a state to report annually to the Secretary aggregate data on the number of child fatalities occurring among children while in the care and facility of child care providers receiving CCDBG assistance, listed by the type of child care provider and indicating whether the providers are licensed or license-exempt. Directs the Secretary to operate, directly or through the use of grants or contracts, a national toll-free hotline and website. Prohibits any quarterly state CCDBG reports to the Secretary from containing personally identifiable information. (Sec. 9) Revises the amount the Secretary is required to reserve from annual appropriations for CCDBG payments to Indian tribes and tribal organizations. Requires a reservation of 2% of such appropriations (currently, between 1% and 2%), but allows for a greater reservation in certain circumstances. Directs the Secretary to reserve up to $1.5 million of the amount appropriated for the CCDBG program each fiscal year for the operation of the national toll-free hotline and website. Requires the Secretary also to reserve up to 1/2 of 1% of CCDBG program appropriations each to: (1) support technical assistance and dissemination of information on practices most successful in improving the quality of programs receiving CCDBG assistance; and (2) conduct research and demonstration activities, as well as periodic external, independent evaluations of the impact of the CCDBG program on increasing access to, and improving the safety and quality of, child care services. Directs the Secretary, in consultation with Indian tribes and tribal organizations, to develop minimum child care standards applicable to any of them receiving CCDBG assistance. Requires the Secretary to waive the prohibition against tribal use of CCDBG funds for construction or renovation of child care facilities if it would decrease the level of child care services, in any case where: (1) the decrease is temporary, and (2) the level of child care services will increase or improve after the construction or renovation is completed. (Sec. 10) Defines "child with a disability" as one under age 13 who has a disability and is eligible for early intervention services under the Individuals with Disabilities Education Act. Caps the family assets of an "eligible child" at $1 million. (Sec. 11) Declares that nothing in the CCDBG Act shall be construed in a manner to: (1) favor or promote the use of grants and contracts for the receipt of child care services under the CCDBG Act over the use of child care certificates; or (2) disfavor or discourage the use of such certificates for the purchase of child care services, including those services provided by private or nonprofit entities, such as faith-based providers. (Sec. 12) Directs the Comptroller General (GAO) to study the number of families eligible to receive assistance under the CCDBG Act, identified by the type of assistance requested, who have applied for it and been placed on a waiting list. (Sec. 13) Directs the Secretary, in conjunction with the Secretary of Education, to conduct an interdepartmental review of all early learning and care programs for children under age six.

113 S1086 EAH: Child Care and Development Block Grant Act of 2014 U.S. Senate 2014-09-15 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. 113th CONGRESS 2d Session In the House of Representatives, U. S., September 15, 2014 AMENDMENT: That the bill from the Senate (S. 1086) entitled An Act to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes. Strike out all after the enacting clause and insert: 1. Short title This Act may be cited as the Child Care and Development Block Grant Act of 2014 2. Short title and purposes Section 658A of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9801 658A. Short title and purposes (a) Short title This subchapter may be cited as the Child Care and Development Block Grant Act of 1990 (b) Purposes The purposes of this subchapter are— (1) to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within that State; (2) to promote parental choice to empower working parents to make their own decisions regarding the child care services that best suit their family’s needs; (3) to encourage States to provide consumer education information to help parents make informed choices about child care services and to promote involvement by parents and family members in the development of their children in child care settings; (4) to assist States in delivering high-quality, coordinated early childhood care and education services to maximize parents’ options and support parents trying to achieve independence from public assistance; (5) to assist States in improving the overall quality of child care services and programs by implementing the health, safety, licensing, training, and oversight standards established in this subchapter and in State law (including State regulations); (6) to improve child care and development of participating children; and (7) to increase the number and percentage of low-income children in high-quality child care settings. . 3. Authorization of appropriations Section 658B of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 subchapter subchapter $2,360,000,000 for fiscal year 2015, $2,478,000,000 for fiscal year 2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750 for fiscal year 2018, $2,668,534,969 for fiscal year 2019, and $2,748,591,018 for fiscal year 2020. 4. Lead agency (a) Designation Section 658D(a) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858b(a) (1) by striking chief executive officer Governor (2) by striking designate designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter. (b) Collaboration with tribes Section 658D(b)(1) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858b(b)(1) (1) in subparagraph (C), by striking and (2) in subparagraph (D), by striking the period and inserting ; and (3) by adding at the end the following: (E) at the option of an Indian tribe or tribal organization in the State, collaborate and coordinate with such Indian tribe or tribal organization in the development of the State plan in a timely manner. . 5. Application and plan (a) Period Section 658E(b) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(b) 2-year 3-year (b) Policies and procedures Section 658E(c) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c) (1) in paragraph (1), by inserting or established designated (2) in paragraph (2)— (A) in subparagraph (B), by inserting a comma after care of such providers (B) by striking subparagraphs (D) through (H); and (C) by adding at the end the following: (D) Monitoring and inspection reports The plan shall include a certification that the State, not later than 1 year after the State has in effect the policies and practices described in subparagraph (K)(i), will make public by electronic means, in a consumer-friendly and easily accessible format, organized by provider, the results of monitoring and inspection reports, including those due to major substantiated complaints about failure to comply with this subchapter and State child care policies, as well as the number of deaths, serious injuries, and instances of substantiated child abuse that occurred in child care settings each year, for eligible child care providers within the State. The results shall also include information on the date of such an inspection, and, where applicable, information on corrective action taken. (E) Consumer and provider education information The plan shall include a certification that the State will collect and disseminate (which dissemination may be done, except as otherwise specified in this subparagraph, through resource and referral organizations or other means as determined by the State) to parents of eligible children, the general public, and, where applicable, providers— (i) information about the availability of the full diversity of child care services that will promote informed child care choices and that concerns— (I) the availability of child care services provided through programs authorized by this subchapter and, if feasible, other child care services and other programs provided in the State for which the family may be eligible, as well as the availability of financial assistance to obtain child care services in the State; (II) if available, information about the quality of providers, as determined by the State, that can be provided through a Quality Rating and Improvement System; (III) information, made available through a State Web site, describing the State process for licensing child care providers, the State processes for conducting background checks, and monitoring and inspections, of child care providers, and the offenses that prevent individuals and entities from serving as child care providers in the State; (IV) other programs for which families that receive child care services for which financial assistance is provided under this subchapter may be eligible, including the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. 42 U.S.C. 8621 et seq. 42 U.S.C. 1786 (V) programs carried out under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); (VI) research and best practices concerning children's development, including social and emotional development, early childhood development, and meaningful parent and family engagement, and physical health and development (particularly healthy eating and physical activity); and (VII) the State policies regarding the social-emotional behavioral health of young children, which may include positive behavioral intervention and support models, and policies on expulsion of preschool-aged children, in early childhood programs receiving assistance under this subchapter; and (ii) information on developmental screenings, including— (I) information on existing (as of the date of submission of the application containing the plan) resources and services the State can deploy, including the coordinated use of the Early and Periodic Screening, Diagnosis, and Treatment program under the Medicaid program carried out under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 20 U.S.C. 1419 (II) a description of how a family or eligible child care provider may utilize the resources and services described in subclause (I) to obtain developmental screenings for children who receive assistance under this subchapter who may be at risk for cognitive or other developmental delays, which may include social, emotional, physical, or linguistic delays. (F) Compliance with State licensing requirements (i) In general The plan shall include a certification that the State involved has in effect licensing requirements applicable to child care services provided within the State, and provide a detailed description of such requirements and of how such requirements are effectively enforced. (ii) License exemption If the State uses funds received under this subchapter to support a child care provider that is exempt from the corresponding licensing requirements described in clause (i), the plan shall include a description stating why such licensing exemption does not endanger the health, safety, or development of children who receive services from child care providers who are exempt from such requirements. (G) Training and professional development requirements (i) In general The plan shall describe the training and professional development requirements that are in effect within the State designed to enable child care providers to promote the social, emotional, physical, and cognitive development of children and to improve the knowledge and skills of the child care workforce. Such requirements shall be applicable to child care providers that provide services for which assistance is provided in accordance with this subchapter. (ii) Requirements The plan shall provide an assurance that such training and professional development— (I) shall be conducted on an ongoing basis, provide for a progression of professional development (which may include encouraging the pursuit of postsecondary education), reflect current research and best practices relating to the skills necessary for the child care workforce to meet the developmental needs of participating children, and improve the quality of, and stability within, the child care workforce; (II) shall be developed in consultation with the State Advisory Council on Early Childhood Education and Care (designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) (III) incorporates knowledge and application of the State’s early learning and developmental guidelines (where applicable), the State’s health and safety standards, and incorporates social-emotional behavior intervention models, which may include positive behavior intervention and support models; (IV) shall be accessible to providers supported through Indian tribes or tribal organizations that receive assistance under this subchapter; and (V) to the extent practicable, are appropriate for a population of children that includes— (aa) different age groups; (bb) English learners; (cc) children with disabilities; and (dd) Native Americans, including Indians, as the term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (iii) Information The plan shall include the number of hours of training required for eligible providers and caregivers to engage in annually, as determined by the State. (iv) Construction The Secretary shall not require an individual or entity that provides child care services for which assistance is provided in accordance with this subchapter to acquire a credential to provide such services. Nothing in this section shall be construed to prohibit a State from requiring a credential. (H) Child-to-provider ratio standards (i) Standards The plan shall describe child care standards for child care services for which assistance is made available in accordance with this subchapter, appropriate to the type of child care setting involved, to provide for the safety and developmental needs of the children served, that address— (I) group size limits for specific age populations, as determined by the State; (II) the appropriate ratio between the number of children and the number of providers, in terms of the age of the children in child care, as determined by the State; and (III) required qualifications for such providers, as determined by the State. (ii) Construction The Secretary may offer guidance to States on child-to-provider ratios described in clause (i) according to setting and age group, but shall not require that the State maintain specific group size limits for specific age populations or child-to-provider ratios for providers who receive assistance in accordance with subchapter. (I) Health and safety requirements The plan shall include a certification that there are in effect within the State, under State or local law, requirements designed to protect the health and safety of children that are applicable to child care providers that provide services for which assistance is made available in accordance with this subchapter. Such requirements— (i) shall relate to matters including health and safety topics consisting of— (I) the prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking any necessary action to comply with immunization and other health and safety requirements; (II) prevention of sudden infant death syndrome and use of safe sleeping practices; (III) the administration of medication, consistent with standards for parental consent; (IV) the prevention of and response to emergencies due to food and allergic reactions; (V) building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic; (VI) prevention of shaken baby syndrome and abusive head trauma; (VII) emergency preparedness and response planning for emergencies resulting from a natural disaster, or a man-caused event (such as violence at a child care facility), within the meaning of those terms under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5195a(a)(1) (VIII) the handling and storage of hazardous materials and the appropriate disposal of biocontaminants; (IX) for providers that offer transportation, if applicable, appropriate precautions in transporting children; (X) first aid and cardiopulmonary resuscitation; and (XI) minimum health and safety training, to be completed pre-service or during an orientation period in addition to ongoing training, appropriate to the provider setting involved that addresses each of the requirements relating to matters described in subclauses (I) through (X); and (ii) may include requirements relating to nutrition, access to physical activity, or any other subject area determined by the State to be necessary to promote child development or to protect children's health and safety. (J) Compliance with State and local health and safety requirements The plan shall include a certification that procedures are in effect to ensure that child care providers within the State, that provide services for which assistance is made available in accordance with this subchapter, comply with all applicable State and local health and safety requirements as described in subparagraph (I). (K) Enforcement of licensing and other regulatory requirements (i) Certification The plan shall include a certification that the State, not later than 2 years after the date of enactment of the Child Care and Development Block Grant Act of 2014 (I) ensure that individuals who are hired as licensing inspectors in the State are qualified to inspect those child care providers and facilities and have received training in related health and safety requirements, and are trained in all aspects of the State’s licensure requirements; (II) require licensing inspectors (or qualified inspectors designated by the lead agency) of those child care providers and facilities to perform inspections, with— (aa) not less than 1 prelicensure inspection, for compliance with health, safety, and fire standards, of each such child care provider and facility in the State; and (bb) not less than annually, an inspection (which shall be unannounced) of each such child care provider and facility in the State for compliance with all child care licensing standards, which shall include an inspection for compliance with health, safety, and fire standards (inspectors may inspect for compliance with all 3 standards at the same time); (III) require the ratio of licensing inspectors to such child care providers and facilities in the State to be maintained at a level sufficient to enable the State to conduct inspections of such child care providers and facilities on a timely basis in accordance with Federal, State, and local law; and (IV) require licensing inspectors (or qualified inspectors designated by the lead agency) of child care providers and facilities to perform an annual inspection of each license-exempt provider in the State receiving funds under this subchapter (unless the provider is an eligible child care provider as described in section 658P(6)(B)) for compliance with health, safety, and fire standards, at a time to be determined by the State. (ii) Construction The Secretary may offer guidance to a State, if requested by the State, on a research-based minimum standard regarding ratios described in clause (i)(III) and provide technical assistance to the State on meeting the minimum standard within a reasonable time period, but shall not prescribe a particular ratio. (L) Compliance with child abuse reporting requirements The plan shall include a certification that child care providers within the State will comply with the child abuse reporting requirements of section 106(b)(2)(B)(i) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)). (M) Meeting the needs of certain populations The plan shall describe how the State will develop and implement strategies (which may include alternative reimbursement rates to child care providers, the provision of direct contracts or grants to community-based organizations, offering child care certificates to parents, or other means determined by the State) to increase the supply and improve the quality of child care services for— (i) children in underserved areas; (ii) infants and toddlers; (iii) children with disabilities, as defined by the State; and (iv) children who receive care during nontraditional hours. (N) Protection for working parents (i) Minimum period (I) 12-month period The plan shall demonstrate that each child who receives assistance under this subchapter in the State will be considered to meet all eligibility requirements for such assistance and will receive such assistance, for not less than 12 months before the State or designated local entity redetermines the eligibility of the child under this subchapter, regardless of a temporary change in the ongoing status of the child's parent as working or attending a job training or educational program or a change in family income for the child's family, if that family income does not exceed 85 percent of the State median income for a family of the same size. (II) Fluctuations in earnings The plan shall demonstrate how the State's or designated local entity’s processes for initial determination and redetermination of such eligibility take into account irregular fluctuations in earnings. (ii) Redetermination process The plan shall describe the procedures and policies that are in place to ensure that working parents (especially parents in families receiving assistance under the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)) are not required to unduly disrupt their employment in order to comply with the State's or designated local entity’s requirements for redetermination of eligibility for assistance provided in accordance with this subchapter. (iii) Period before termination At the option of the State, the plan shall demonstrate that the State will not terminate assistance provided to carry out this subchapter based on a factor consisting of a parent's loss of work or cessation of attendance at a job training or educational program for which the family was receiving the assistance, without continuing the assistance for a reasonable period of time, of not less than 3 months, after such loss or cessation in order for the parent to engage in a job search and resume work, or resume attendance at a job training or educational program, as soon as possible. (iv) Graduated phaseout of care The plan shall describe the policies and procedures that are in place to allow for provision of continued assistance to carry out this subchapter, at the beginning of a new eligibility period under clause (i)(I), for children of parents who are working or attending a job training or educational program and whose family income exceeds the State's income limit to initially qualify for such assistance, if the family income for the family involved does not exceed 85 percent of the State median income for a family of the same size. (O) Coordination with other programs (i) In general The plan shall describe how the State, in order to expand accessibility and continuity of care, and assist children enrolled in early childhood programs to receive full-day services, will efficiently, and to the extent practicable, coordinate the services supported to carry out this subchapter with programs operating at the Federal, State, and local levels for children in preschool programs, tribal early childhood programs, and other early childhood programs, including those serving infants and toddlers with disabilities, homeless children, and children in foster care. (ii) Optional use of combined funds If the State elects to combine funding for the services supported to carry out this subchapter with funding for any program described in clause (i), the plan shall describe how the State will combine the multiple sets of funding and use the combined funding. (iii) Rule of construction Nothing in clause (i) shall be construed to affect the priority of children described in clause (i) to receive full-day prekindergarten or Head Start program services. (P) Public-private partnerships The plan shall demonstrate how the State encourages partnerships among State agencies, other public agencies, Indian tribes and tribal organizations, and private entities, including faith-based and community-based organizations, to leverage existing service delivery systems (as of the date of the submission of the application containing the plan) for child care and development services and to increase the supply and quality of child care services for children who are less than 13 years of age, such as by implementing voluntary shared services alliance models. (Q) Priority for low-income populations The plan shall describe the process the State proposes to use, with respect to investments made to increase access to programs providing high-quality child care and development services, to give priority for those investments to children of families in areas that have significant concentrations of poverty and unemployment and that do not have such programs. (R) Consultation The plan shall include a certification that the State has developed the plan in consultation with the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) (S) Payment practices The plan shall include— (i) a certification that the payment practices of child care providers in the State that serve children who receive assistance under this subchapter reflect generally accepted payment practices of child care providers in the State that serve children who do not receive assistance under this subchapter, so as to provide stability of funding and encourage more child care providers to serve children who receive assistance under this subchapter; and (ii) an assurance that the State will, to the extent practicable, implement enrollment and eligibility policies that support the fixed costs of providing child care services by delinking provider reimbursement rates from an eligible child’s occasional absences due to holidays or unforseen circumstances such as illness. (T) Early learning and developmental guidelines (i) In general The plan shall include an assurance that the State will maintain or implement early learning and developmental guidelines (or develop such guidelines if the State does not have such guidelines as of the date of enactment of the Child Care and Development Block Grant Act of 2014) that are appropriate for children from birth to kindergarten entry, describing what such children should know and be able to do, and covering the essential domains of early childhood development for use statewide by child care providers. Such guidelines shall— (I) be research-based, developmentally appropriate, and aligned with entry to kindergarten; (II) be implemented in consultation with the state educational agency and the State Advisory Council on Early Childhood Education and Care (designated or established pursuant to section 642B(b)(I)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)); and (III) be updated as determined by the State. (ii) Prohibition on use of funds The plan shall include an assurance that funds received by the State to carry out this subchapter will not be used to develop or implement an assessment for children that— (I) will be the sole basis for a child care provider being determined to be ineligible to participate in the program carried out under this subchapter; (II) will be used as the primary or sole basis to provide a reward or sanction for an individual provider; (III) will be used as the primary or sole method for assessing program effectiveness; or (IV) will be used to deny children eligibility to participate in the program carried out under this subchapter. (iii) Exceptions Nothing in this subchapter shall preclude the State from using a single assessment as determined by the State for children for— (I) supporting learning or improving a classroom environment; (II) targeting professional development to a provider; (III) determining the need for health, mental health, disability, developmental delay, or family support services; (IV) obtaining information for the quality improvement process at the State level; or (V) conducting a program evaluation for the purposes of providing program improvement and parent information. (iv) No federal control Nothing in this section shall be construed to authorize an officer or employee of the Federal Government to— (I) mandate, direct, control, or place conditions (outside of what is required by this subchapter) around adopting a State’s early learning and developmental guidelines developed in accordance with this section; (II) establish any criterion that specifies, defines, prescribes, or places conditions (outside of what is required by this subchapter) on a State adopting standards or measures that a State uses to establish, implement, or improve such guidelines, related accountability systems, or alignment of such guidelines with education standards; or (III) require a State to submit such guidelines for review. (U) Disaster preparedness (i) In general The plan shall demonstrate the manner in which the State will address the needs of children in child care services provided through programs authorized under this subchapter, including the need for safe child care, for the period before, during, and after a state of emergency declared by the Governor or a major disaster or emergency (as such terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). (ii) Statewide child care disaster plan Such plan shall include a statewide child care disaster plan for coordination of activities and collaboration, in the event of an emergency or disaster described in clause (i), among the State agency with jurisdiction over human services, the agency with jurisdiction over State emergency planning, the State lead agency, the State agency with jurisdiction over licensing of child care providers, the local resource and referral organizations, the State resource and referral system, and the State Advisory Council on Early Childhood Education and Care as provided for under section 642B(b) of the Head Start Act (42 U.S.C. 9837b(b)). (iii) Disaster plan components The components of the disaster plan, for such an emergency or disaster, shall include— (I) evacuation, relocation, shelter-in-place, and lock-down procedures, and procedures for communication and reunification with families, continuity of operations, and accommodation of infants and toddlers, children with disabilities, and children with chronic medical conditions; (II) guidelines for the continuation of child care services in the period following the emergency or disaster, which may include the provision of emergency and temporary child care services, and temporary operating standards for child care providers during that period; and (III) procedures for staff and volunteer emergency preparedness training and practice drills. (V) Business Technical Assistance The plan shall describe how the State will develop and implement strategies to strengthen the business practices of child care providers to expand the supply, and improve the quality of, child care services. ; (3) in paragraph (3)— (A) in subparagraph (A), by striking as required under in accordance with (B) in subparagraph (B)— (i) by striking The State (i) In general The State ; (ii) by striking and any other activity that the State deems appropriate to realize any of the goals specified in paragraphs (2) through (5) of section 658A(b) activities that improve access to child care services, including the use of procedures to permit enrollment (after an initial eligibility determination) of homeless children while required documentation is obtained, training and technical assistance on identifying and serving homeless children and their families, and specific outreach to homeless families, and any other activity that the State determines to be appropriate to meet the purposes of this subchapter (which may include an activity described in clause (ii)) (iii) by adding at the end the following: (ii) Report by the assistant secretary for children and families (I) In general Not later than September 30 of the first full fiscal year after the date of enactment of the Child Care and Development Block Grant Act of 2014, and September 30 of each fiscal year thereafter, the Secretary (acting through the Assistant Secretary for Children and Families of the Department of Health and Human Services) shall prepare a report that contains a determination about whether each State uses amounts provided to such State for the fiscal year involved under this subchapter in accordance with the priority for services described in clause (i). (II) Penalty for noncompliance For any fiscal year that the report of the Secretary described in subclause (I) indicates that a State has failed to give priority for services in accordance with clause (i), the Secretary shall— (aa) inform the State that the State has until the date that is 6 months after the Secretary has issued such report to fully comply with clause (i); (bb) provide the State an opportunity to modify the State plan of such State, to make the plan consistent with the requirements of clause (i), and resubmit such State plan to the Secretary not later than the date described in item (aa); and (cc) if the State does not fully comply with clause (i) and item (bb), by the date described in item (aa), withhold 5 percent of the funds that would otherwise be allocated to that State in accordance with this subchapter for the first full fiscal year after that date. (III) Waiver for extraordinary circumstances Notwithstanding subclause (II) the Secretary may grant a waiver to a State for one year to the penalty applied in subclause (II) if the Secretary determines there are extraordinary circumstances, such as a natural disaster, that prevent the State from complying with clause (i). If the Secretary does grant a waiver to a State under this section, the Secretary shall, within 30 days of granting such waiver, submit a report to the appropriate congressional committees on the circumstances of the waiver including the stated reason from the State on the need for a waiver, the expected impact of the waiver on children served under this program, and any such other relevant information the Secretary deems necessary. (iii) Child care resource and referral system (I) In general A State may use amounts described in clause (i) to establish or support a system of local or regional child care resource and referral organizations that is coordinated, to the extent determined appropriate by the State, by a statewide public or private nonprofit, community-based or regionally based, lead child care resource and referral organization. (II) Local or regional organizations The local or regional child care resource and referral organizations supported as described in subclause (I) shall— (aa) provide parents in the State with consumer education information referred to in paragraph (2)(E) (except as otherwise provided in that paragraph), concerning the full range of child care options (including faith-based and community-based child care providers), analyzed by provider, including child care provided during nontraditional hours and through emergency child care centers, in their political subdivisions or regions; (bb) to the extent practicable, work directly with families who receive assistance under this subchapter to offer the families support and assistance, using information described in item (aa), to make an informed decision about which child care providers they will use, in an effort to ensure that the families are enrolling their children in the most appropriate child care setting to suit their needs and one that is of high quality (as determined by the State); (cc) collect data and provide information on the coordination of services and supports, including services under section 619 and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 (dd) collect data and provide information on the supply of and demand for child care services in political subdivisions or regions within the State and submit such information to the State; (ee) work to establish partnerships with public agencies and private entities, including faith-based and community-based child care providers, to increase the supply and quality of child care services in the State; and (ff) as appropriate, coordinate their activities with the activities of the State lead agency and local agencies that administer funds made available in accordance with this subchapter. ; (C) in subparagraph (D)— (i) by striking 1997 through 2002) 2015 through 2020 (ii) by striking other than families described in paragraph (2)(H) including or in addition to families with children described in clause (i), (ii), (iii), or (iv) of paragraph (2)(M) (D) by adding at the end the following: (E) Direct services From amounts provided to a State for a fiscal year to carry out this subchapter, the State shall— (i) reserve the minimum amount required to be reserved under section 658G, and the funds for costs described in subparagraph (C); and (ii) from the remainder, use not less than 70 percent to fund direct services (provided by the State) in accordance with paragraph (2)(A). ; (4) by striking paragraph (4) and inserting the following: (4) Payment rates (A) In general The State plan shall certify that payment rates for the provision of child care services for which assistance is provided in accordance with this subchapter are sufficient to ensure equal access for eligible children to child care services that are comparable to child care services in the State or substate area involved that are provided to children whose parents are not eligible to receive assistance under this subchapter or to receive child care assistance under any other Federal or State program, and shall provide a summary of the facts relied on by the State to determine that such rates are sufficient to ensure such access. (B) Survey The State plan shall— (i) demonstrate that the State has, after consulting with the State Advisory Council on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), local child care program administrators, local child care resource and referral agencies, and other appropriate entities, developed and conducted (not earlier than 2 years before the date of the submission of the application containing the State plan) a statistically valid and reliable survey of the market rates for child care services in the State (that reflects variations in the cost of child care services by geographic area, type of provider, and age of child) or an alternative methodology, such as a cost estimation model, that has been developed by the State lead agency; (ii) demonstrate that the State prepared a detailed report containing the results of the State market rates survey or alternative methodology conducted pursuant to clause (i), and made the results of the survey or alternative methodology widely available (not later than 30 days after the completion of such survey or alternative methodology) through periodic means, including posting the results on the Internet; (iii) describe how the State will set payment rates for child care services, for which assistance is provided in accordance with this subchapter— (I) in accordance with the results of the market rates survey or alternative methodology conducted pursuant to clause (i); (II) taking into consideration the cost of providing higher quality child care services than were provided under this subchapter before the date of enactment of the Child Care and Development Block Grant Act of 2014 (III) without, to the extent practicable, reducing the number of families in the State receiving such assistance to carry out this subchapter, relative to the number of such families on the date of enactment of that Act; and (iv) describe how the State will provide for timely payment for child care services provided under this subchapter. (C) Construction (i) No private right of action Nothing in this paragraph shall be construed to create a private right of action if the State acted in accordance with this paragraph. (ii) No prohibition of certain different rates Nothing in this subchapter shall be construed to prevent a State from differentiating the payment rates described in subparagraph (B)(iii) on the basis of such factors as— (I) geographic location of child care providers (such as location in an urban or rural area); (II) the age or particular needs of children (such as the needs of children with disabilities and children served by child protective services); (III) whether the providers provide child care services during weekend and other nontraditional hours; or (IV) the State’s determination that such differentiated payment rates may enable a parent to choose high-quality child care that best fits the parent’s needs. ; and (5) in paragraph (5), by inserting (that is not a barrier to families receiving assistance under this subchapter) cost sharing (c) Technical amendment Section 658F(b)(2) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858d(b)(2) section 658E(c)(2)(F) section 658E(c)(2)(I) 6. Activities to improve the quality of child care Section 658G of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858e 658G. Activities to improve the quality of child care (a) Reservation (1) Reservation for activities relating to the quality of child care services A State that receives funds to carry out this subchapter for a fiscal year referred to in paragraph (2) shall reserve and use a portion of such funds, in accordance with paragraph (2), for activities provided directly, or through grants or contracts with local child care resource and referral organizations or other appropriate entities, that are designed to improve the quality of child care services and increase parental options for, and access to, high-quality child care, and is in alignment with a Statewide assessment of the State’s needs to carry out such services and care, provided in accordance with this subchapter. (2) Amount of reservations Such State shall reserve and use— (A) to carry out the activities described in paragraph (1), not less than— (i) 7 percent of the funds described in paragraph (1), for the first and second full fiscal years after the date of enactment of the Child Care and Development Block Grant Act of 2014; (ii) 8 percent of such funds for the third and fourth full fiscal years after the date of enactment; and (iii) 9 percent of such funds for the fifth and each succeeding full fiscal year after the date of enactment; and (B) in addition to the funds reserved under subparagraph (A), 3 percent of the funds described in paragraph (1) received not later than the second full fiscal year after the date of enactment and received for each succeeding full fiscal year, to carry out the activities described in paragraph (1) and subsection (b)(4), as such activities relate to the quality of care for infants and toddlers. (3) State reservation amount Nothing in this subsection shall preclude the State from reserving a larger percentage of funds to carry out the activities described in paragraph (1) and subsection (b). (b) Activities Funds reserved under subsection (a) shall be used to carry out no fewer than one of the following activities that will improve the quality of child care services provided in the State: (1) Supporting the training and professional development of the child care workforce through activities such as those included under section 658E(c)(2)(G), in addition to— (A) offering training and professional development opportunities for child care providers that relate to the use of scientifically-based, developmentally-appropriate and age-appropriate strategies to promote the social, emotional, physical, and cognitive development of children, including those related to nutrition and physical activity, and offering specialized training for child care providers caring for those populations prioritized in section 658E(c)(2)(Q), and children with disabilities; (B) incorporating the effective use of data to guide program improvement; (C) including effective behavior management strategies and training, including positive behavior interventions and support models, that promote positive social and emotional development and reduce challenging behaviors, including reducing expulsions of preschool-aged children for such behaviors; (E) providing training and outreach on engaging parents and families in culturally and linguistically appropriate ways to expand their knowledge, skills, and capacity to become meaningful partners in supporting their children’s positive development; (F) providing training corresponding to the nutritional and physical activity needs of children to promote healthy development; (G) providing training or professional development for child care providers regarding the early neurological development of children; and (H) connecting child care staff members of child care providers with available Federal and State financial aid, or other resources, that would assist child care staff members in pursuing relevant postsecondary training. (2) Improving upon the development or implementation of the early learning and developmental guidelines described in section 658E(c)(2)(T) by providing technical assistance to eligible child care providers that enhances the cognitive, physical, social and emotional development, including early childhood development, of participating preschool and school-aged children and supports their overall well-being. (3) Developing, implementing, or enhancing a tiered quality rating system for child care providers and services, which may— (A) support and assess the quality of child care providers in the State; (B) build on State licensing standards and other State regulatory standards for such providers; (C) be designed to improve the quality of different types of child care providers and services; (D) describe the safety of child care facilities; (E) build the capacity of State early childhood programs and communities to promote parents’ and families’ understanding of the State’s early childhood system and the ratings of the programs in which the child is enrolled; (F) provide, to the maximum extent practicable, financial incentives and other supports designed to expand the full diversity of child care options and help child care providers improve the quality of services; and (G) accommodate a variety of distinctive approaches to early childhood education and care, including but not limited to, those practiced in faith-based settings, community-based settings, child-centered settings, or similar settings that offer a distinctive approach to early childhood development. (4) Improving the supply and quality of child care programs and services for infants and toddlers through activities, which may include— (A) establishing or expanding high-quality community or neighborhood-based family and child development centers, which may serve as resources to child care providers in order to improve the quality of early childhood services provided to infants and toddlers from low-income families and to help eligible child care providers improve their capacity to offer high-quality, age-appropriate care to infants and toddlers from low-income families; (B) establishing or expanding the operation of community or neighborhood-based family child care networks; (C) promoting and expanding child care providers’ ability to provide developmentally appropriate services for infants and toddlers through training and professional development; coaching and technical assistance on this age group’s unique needs from statewide networks of qualified infant-toddler specialists; and improved coordination with early intervention specialists who provide services for infants and toddlers with disabilities under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); (D) if applicable, developing infant and toddler components within the State’s quality rating system described in paragraph (3) for child care providers for infants and toddlers, or the development of infant and toddler components in a State’s child care licensing regulations or early learning and development guidelines; (E) improving the ability of parents to access transparent and easy to understand consumer information about high-quality infant and toddler care; and (F) carrying out other activities determined by the State to improve the quality of infant and toddler care provided in the State, and for which there is evidence that the activities will lead to improved infant and toddler health and safety, infant and toddler cognitive and physical development, or infant and toddler well-being, including providing health and safety training (including training in safe sleep practices, first aid, and cardiopulmonary resuscitation) for providers and caregivers. (5) Establishing or expanding a statewide system of child care resource and referral services. (6) Facilitating compliance with State requirements for inspection, monitoring, training, and health and safety, and with State licensing standards. (7) Evaluating and assessing the quality and effectiveness of child care programs and services offered in the State, including evaluating how such programs positively impact children. (8) Supporting child care providers in the voluntary pursuit of accreditation by a national accrediting body with demonstrated, valid, and reliable program standards of high quality. (9) Supporting State or local efforts to develop or adopt high-quality program standards relating to health, mental health, nutrition, physical activity, and physical development. (10) Carrying out other activities determined by the State to improve the quality of child care services provided in the State, and for which measurement of outcomes relating to improved provider preparedness, child safety, child well-being, or entry to kindergarten is possible. (c) Certification Beginning with fiscal year 2016, at the beginning of each fiscal year, the State shall annually submit to the Secretary a certification containing an assurance that the State was in compliance with subsection (a) during the preceding fiscal year and a description of how the State used funds received under this subchapter to comply with subsection (a) during that preceding fiscal year. (d) Reporting Requirements Each State receiving funds under this subchapter shall prepare and submit an annual report to the Secretary, which shall include information about— (1) the amount of funds that are reserved under subsection (a); (2) the activities carried out under this section; and (3) the measures that the State will use to evaluate the State's progress in improving the quality of child care programs and services in the State. (e) Technical assistance The Secretary shall offer technical assistance, in accordance with section 658I(a)(3), which may include technical assistance through the use of grants or cooperative agreements, to States for the activities described in subsection (b) at the request of the State. (f) Construction Nothing in this section shall be construed as providing the Secretary the authority to regulate, direct, dictate, or place conditions (outside of what is required by this subchapter) on a State adopting specific State child care quality activities or progress in implementing those activities. . 7. Criminal background checks The Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. 658H. Criminal background checks (a) In general A State that receives funds to carry out this subchapter shall have in effect— (1) requirements, policies, and procedures to require and conduct criminal background checks for child care staff members (including prospective child care staff members) of child care providers described in subsection (c)(1); and (2) licensing, regulation, and registration requirements, as applicable, that prohibit the employment of child care staff members as described in subsection (c). (b) Requirements A criminal background check for a child care staff member under subsection (a) shall include— (1) a search of the State criminal and sex offender registry or repository in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years; (2) a search of State-based child abuse and neglect registries and databases in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years; (3) a search of the National Crime Information Center; (4) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (5) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). (c) Prohibitions (1) Child care staff members A child care staff member shall be ineligible for employment by a child care provider that is receiving assistance under this subchapter if such individual— (A) refuses to consent to the criminal background check described in subsection (b); (B) knowingly makes a materially false statement in connection with such criminal background check; (C) is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (D) has been convicted of a felony consisting of— (i) murder, as described in section 1111 (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) spousal abuse; (v) a crime involving rape or sexual assault; (vi) kidnapping; (vii) arson; (viii) physical assault or battery; or (ix) subject to subsection (e)(4), a drug-related offense committed during the preceding 5 years; or (E) has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography. (2) Child care providers A child care provider described in subsection (i)(1) shall be ineligible for assistance provided in accordance with this subchapter if the provider employs a staff member who is ineligible for employment under paragraph (1). (d) Submission of requests for background checks (1) In general A child care provider covered by subsection (c) shall submit a request, to the appropriate State agency designated by a State, for a criminal background check described in subsection (b), for each child care staff member (including prospective child care staff members) of the provider. (2) Staff members Subject to paragraph (4), in the case of an individual who became a child care staff member before the date of enactment of the Child Care and Development Block Grant Act of 2014, the provider shall submit such a request— (A) prior to the last day described in subsection (j)(1); and (B) not less often than once during each 5-year period following the first submission date under this paragraph for that staff member. (3) Prospective staff members Subject to paragraph (4), in the case of an individual who is a prospective child care staff member on or after that date of enactment, the provider shall submit such a request— (A) prior to the date the individual becomes a child care staff member of the provider; and (B) not less than once during each 5-year period following the first submission date under this paragraph for that staff member. (4) Background check for another child care provider A child care provider shall not be required to submit a request under paragraph (2) or (3) for a child care staff member if— (A) the staff member received a background check described in subsection (b)— (i) within 5 years before the latest date on which such a submission may be made; and (ii) while employed by or seeking employment by another child care provider within the State; (B) the State provided to the first provider a qualifying background check result, consistent with this subchapter, for the staff member; and (C) the staff member is employed by a child care provider within the State, or has been separated from employment from a child care provider within the State for a period of not more than 180 consecutive days. (e) Background check results and appeals (1) Background check results The State shall carry out the request of a child care provider for a criminal background check as expeditiously as possible, but not to exceed 45 days after the date on which such request was submitted, and shall provide the results of the criminal background check to such provider and to the current or prospective staff member. (2) Privacy (A) In General The State shall provide the results of the criminal background check to the provider in a statement that indicates whether a child care staff member (including a prospective child care staff member) is eligible or ineligible for employment described in subsection (c), without revealing any disqualifying crime or other related information regarding the individual. (B) Ineligible staff member If the child care staff member is ineligible for such employment due to the background check, the State will, when providing the results of the background check, include information related to each disqualifying crime, in a report to the staff member or prospective staff member. (C) Public release of results No State shall publicly release or share the results of individual background checks, except States may release aggregated data by crime as listed under subsection (c)(1)(D) from background check results, as long as such data is not personally identifiable information. (3) Appeals (A) In General The State shall provide for a process by which a child care staff member (including a prospective child care staff member) may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information contained in such member’s criminal background report. (B) Appeals process The State shall ensure that— (i) each child care staff member shall be given notice of the opportunity to appeal; (ii) a child care staff member will receive instructions about how to complete the appeals process if the child care staff member wishes to challenge the accuracy or completeness of the information contained in such member's criminal background report; and (iii) the appeals process is completed in a timely manner for each child care staff member. (4) Review The State may allow for a review process through which the State may determine that a child care staff member (including a prospective child care staff member) disqualified for a crime specified in subsection (c)(1)(D)(ix) is eligible for employment described in subsection (c)(1), notwithstanding subsection (c). The review process shall be consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). (5) No private right of action Nothing in this section shall be construed to create a private right of action if a provider has acted in accordance with this section. (f) Fees for background checks Fees that a State may charge for the costs of processing applications and administering a criminal background check as required by this section shall not exceed the actual costs to the State for the processing and administration. (g) Transparency The State must ensure that the policies and procedures under section 658H are published on the Web site (or otherwise publicly available venue in the absence of a Web site) of the State and the Web sites of local lead agencies. (h) Construction (1) Disqualification for other crimes Nothing in this section shall be construed to prevent a State from disqualifying individuals as child care staff members based on their conviction for crimes not specifically listed in this section that bear upon the fitness of an individual to provide care for and have responsibility for the safety and well-being of children. (2) Rights and Remedies Nothing in this section shall be construed to alter or otherwise affect the rights and remedies provided for child care staff members residing in a State that disqualifies individuals as child care staff members for crimes not specifically provided for under this section. (i) Definitions In this section— (1) the term child care provider (A) is not an individual who is related to all children for whom child care services are provided; and (B) is licensed, regulated, or registered under State law or receives assistance provided under this subchapter; and (2) the term child care staff member (A) who is employed by a child care provider for compensation; or (B) whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider. (j) Effective date (1) In general A State that receives funds under this subchapter shall meet the requirements of this section for the provision of criminal background checks for child care staff members described in subsection (d)(1) not later than the last day of the second full fiscal year after the date of enactment of the Child Care and Development Block Grant Act of 2014. (2) Extension The Secretary may grant a State an extension of time, of not more than 1 fiscal year, to meet the requirements of this section if the State demonstrates a good faith effort to comply with the requirements of this section. (3) Penalty for noncompliance Except as provided in paragraphs (1) and (2), for any fiscal year that a State fails to comply substantially with the requirements of this section, the Secretary shall withhold 5 percent of the funds that would otherwise be allocated to that State in accordance with this subchapter for the following fiscal year. . 8. Reports and information (a) Administration Section 658I(a) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858g(a) (1) in paragraph (2)— (A) by inserting a comma after publish (B) by striking and (2) by striking paragraph (3) and inserting the following: (3) provide technical assistance, such as business technical assistance, as described in section 658E(c)(2)(V), to States (which may include providing assistance on a reimbursable basis) which shall be provided by qualified experts on practices grounded in scientifically valid research, where appropriate, to carry out this subchapter; ; and (3) by adding at the end the following: (4) disseminate, for voluntary informational purposes, information on practices that scientifically valid research indicates are most successful in improving the quality of programs that receive assistance with this subchapter; and (5) after consultation with the heads of any other Federal agencies involved, issue guidance and disseminate information on best practices regarding the use of funding combined by States as described in section 658E(c)(2)(O)(ii), consistent with laws other than this subchapter. . (b) Request For Relief Section 658I of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858g (c) Request for Relief (1) In general The Secretary may waive for a period of not more than three years any provision under this subchapter or sanctions imposed upon a State in accordance with subsection (b)(2) upon the State’s request for such a waiver if the Secretary finds that— (A) the request describes one or more conflicting or duplicative requirements preventing the effective delivery of child care services to justify a waiver, extraordinary circumstances, such as natural disaster or financial crisis, or an extended period of time for a State legislature to enact legislation to implement the provisions of this subchapter; (B) such circumstances included in the request prevent the State from complying with any statutory or regulatory requirements of this subchapter; (C) the waiver will, by itself, contribute to or enhance the State’s ability to carry out the purposes of this subchapter; and, (D) the waiver will not contribute to inconsistency with the objectives of this law. (2) Contents Such request shall be provided to the Secretary in writing and will— (A) detail each sanction or provision within this subchapter that the State seeks relief from; (B) describe how a waiver from that sanction or provision of this subchapter will, by itself, improve delivery of child care services for children in the State; and (C) certify that the health, safety, and well-being of children served through assistance received under this subchapter will not be compromised as a result of the waiver. (3) Approval Within 90 days after the receipt of a State’s request under this subsection, the Secretary shall inform the State of approval or disapproval of the request. If the plan is disapproved, the Secretary shall, at this time, inform the State, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate of the reasons for the disapproval and give the State the opportunity to amend the request. In the case of approval, the Secretary shall, within 30 days of granting such waiver, notify and submit a report 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 on the circumstances of the waiver including each specific sanction or provision waived, the reason as given by the State of the need for a waiver, and the expected impact of the waiver on children served under this program. (4) External conditions The Secretary shall not require or impose any new or additional requirements in exchange for receipt of a waiver if such requirements are not specified in this subchapter. (5) Duration The Secretary may approve a request under this subsection for a period not to exceed three years, unless a renewal is granted under paragraph (7). (6) Termination The Secretary shall terminate approval of a request for a waiver authorized under this subsection if the Secretary determines, after notice and opportunity for a hearing, that the performance of a State granted relief under this subsection has been inadequate, or if such relief is no longer necessary to achieve its original purposes. (7) Renewal The Secretary may approve or disapprove a request from a State for renewal of an existing waiver under this subchapter for a period no longer than one year. A State seeking to renew their waiver approval must inform the Secretary of this intent no later than 30 days prior to the expiration date of the waiver. The State shall re-certify in its extension request the provisions in paragraph (2) of this subchapter, and shall also explain the need for additional time of relief from such sanction(s) or provisions approved under this law as provided in this subchapter. (8) Restrictions Nothing in this subchapter shall be construed as providing the Secretary the authority to permit States to alter the eligibility requirements for eligible children, including work requirements, job training, or educational program participation, that apply to the parents of eligible children under this subchapter. Nothing in this subsection shall be construed to allow the Secretary to waive anything related to his or her authority under this subchapter. . (c) Reports Section 658K(a) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858i(a) (1) in paragraph (1)(B)— (A) in clause (ix), by striking and (B) in clause (x), by striking the semicolon at the end and inserting ; and (C) by adding at the end the following: (xi) whether the children receiving assistance under this subchapter are homeless children; ; and (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking December 31, 1997 thereafter 1 year after the date of the enactment of the Child Care and Development Block Grant Act of 2014, and annually thereafter, (B) in subparagraph (A), by striking section 658P(5) section 658P(6) (C) in subparagraph (E) by striking the period at the end and inserting ; and (D) by adding at the end the following: (F) the number of child fatalities occurring among children while in the care and facility of child care providers receiving assistance under this subchapter, listed by type of child care provider and indicating whether the providers (excluding child care providers described in section 658P(6)(B)) are licensed or license-exempt. . (d) Report by Secretary Section 658L of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858j (1) by striking the section heading and inserting the following: 658L. Reports, hotline, and Web site ; (2) by striking Not later (a) Report by Secretary Not later ; (3) by striking 1998 2016 (4) by striking to the Committee of the Senate 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 (5) by inserting after States. Such report shall contain a determination around whether each State that uses amounts provided under this subchapter has complied with the priority for services described in sections 658E(c)(2)(Q) and 658E(c)(3)(B). ; and (6) by adding at the end the following: (b) National toll-Free hotline and Web site (1) In general The Secretary shall operate, directly or through the use of grants or contracts, a national toll-free hotline and Web site, to— (A) develop and disseminate publicly available child care consumer education information for parents and help parents access safe and quality child care services in their community, with a range of price options, that best suits their family’s needs; and (B) to allow persons to report (anonymously if desired) suspected child abuse or neglect, or violations of health and safety requirements, by an eligible child care provider that receives assistance under this subchapter or a member of the provider’s staff. (2) Requirements The Secretary shall ensure that the hotline and Web site meet the following requirements: (A) Referral to local child care providers The Web site shall be hosted by childcare.gov (B) Information The Web site shall provide to consumers, directly or through linkages to State databases, at a minimum— (i) a localized list of all eligible child care providers, differentiating between licensed and license-exempt providers; (ii) any provider-specific information from a Quality Rating and Improvement System or information about other quality indicators, to the extent the information is publicly available and to the extent practicable; (iii) any other provider-specific information about compliance with licensing, and health and safety requirements to the extent the information is publicly available and to the extent practicable; (iv) referrals to local resource and referral organizations from which consumers can find more information about child care providers; and (v) State information about child care subsidy programs and other financial supports available to families. (C) Nationwide capacity The Web site and hotline shall have the capacity to help families in every State and community in the Nation. (D) Information at all hours The Web site shall provide, to parents and families, access to information about child care services 24 hours a day. (E) Services in different languages The Web site and hotline shall ensure the widest possible access to services for families who speak languages other than English. (F) High-quality consumer education and referral The Web site and hotline shall ensure that families have access to easy-to-understand child care consumer education and referral services. (3) Prohibition Nothing in this subsection shall be construed to allow the Secretary to compel States to provide additional data and information that is currently (as of the date of enactment of the Child Care and Development Block Grant Act of 2014 . (e) Protection of information Section 658K(a)(1) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858i(a)(1) (E) Prohibition Reports submitted to the Secretary under subparagraph (C) shall not contain personally identifiable information. . 9. Reservation for toll-free hotline and Web site; payments to benefit Indian children; technical assistance and evaluation Section 658O of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858m (1) in subsection (a)— (A) in paragraph (2)— (i) by striking The Secretary (A) In general The Secretary ; (ii) by striking 1 percent, and not more than 2 percent, 2 percent (iii) by adding at the end the following: (B) Limitations Notwithstanding subparagraph (A), the Secretary shall only reserve an amount that is greater than 2 percent of the amount appropriated under section 658B, for payments described in subparagraph (A), for a fiscal year (referred to in this subparagraph as the reservation year (i) the amount appropriated under section 658B for the reservation year is greater than the amount appropriated under section 658B for fiscal year 2014; and (ii) the Secretary ensures that the amount allotted to States under subsection (b) for the reservation year is not less than the amount allotted to States under subsection (b) for fiscal year 2014. ; and (B) by adding at the end the following: (3) National toll-free hotline and Web site The Secretary shall reserve up to $1,500,000 of the amount appropriated under this subchapter for each fiscal year for the operation of a national toll-free hotline and Web site, under section 658L(b). (4) Technical assistance The Secretary shall reserve up to ½ (5) Research, demonstration, and Evaluation The Secretary may reserve ½ ; and (2) in subsection (c)— (A) in paragraph (2), by adding at the end the following: (D) Licensing and standards In lieu of any licensing and regulatory requirements applicable under State or local law, the Secretary, in consultation with Indian tribes and tribal organizations, shall develop minimum child care standards that shall be applicable to Indian tribes and tribal organizations receiving assistance under this subchapter. Such standards shall appropriately reflect Indian tribe and tribal organization needs and available resources, and shall include standards requiring a publicly available application, health and safety standards, and standards requiring a reservation of funds for activities to improve the quality of child care services provided to Indian children. ; and (B) in paragraph (6), by striking subparagraph (C) and inserting the following: (C) Limitation (i) In general Except as provided in clause (ii), the Secretary may not permit an Indian tribe or tribal organization to use amounts provided under this subsection for construction or renovation if the use will result in a decrease in the level of child care services provided by the Indian tribe or tribal organization as compared to the level of child care services provided by the Indian tribe or tribal organization in the fiscal year preceding the year for which the determination under subparagraph (B) is being made. (ii) Waiver The Secretary shall waive the limitation described in clause (i) if— (I) the Secretary determines that the decrease in the level of child care services provided by the Indian tribe or tribal organization is temporary; and (II) the Indian tribe or tribal organization submits to the Secretary a plan that demonstrates that after the date on which the construction or renovation is completed— (aa) the level of child care services will increase; or (bb) the quality of child care services will improve. . 10. Definitions Section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n (1) by striking paragraph (4) and inserting the following: (3) Child with a disability The term child with a disability (A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 (B) a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); (C) a child who is less than 13 years of age and who is eligible for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and (D) a child with a disability, as defined by the State involved. (4) Eligible child The term eligible child (A) who is less than 13 years of age; (B) whose family income does not exceed 85 percent of the State median income for a family of the same size, and whose family assets do not exceed $1,000,000 (as certified by a member of such family); and (C) who— (i) resides with a parent or parents who are working or attending a job training or educational program; or (ii) is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i). ; (2) by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively; (3) by inserting after paragraph (4), the following: (5) English learner The term English learner 20 U.S.C. 7801 42 U.S.C. 9832 ; (4) in paragraph (6)(A), as redesignated by paragraph (2)— (A) in clause (i), by striking section 658E(c)(2)(E) section 658E(c)(2)(F) (B) in clause (ii), by striking section 658E(c)(2)(F) section 658E(c)(2)(I) (5) in paragraph (9), as redesignated by paragraph (2), by striking designated designated or established under section 658D(a). (6) in paragraph (10), as redesignated by paragraph (2), by inserting , foster parent, guardian (7) by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively; and (8) by inserting after paragraph (10), as redesignated by paragraph (2), the following: (11) Scientifically valid research The term scientifically valid research . 11. Parental rights and responsibilities Section 658Q of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858o (1) by inserting before Nothing (a) In general ; and (2) by adding at the end the following: (b) Parental rights To use child care certificates Nothing in this subchapter shall be construed in a manner— (1) to favor or promote the use of grants and contracts for the receipt of child care services under this subchapter over the use of child care certificates; or (2) to disfavor or discourage the use of such certificates for the purchase of child care services, including those services provided by private or nonprofit entities, such as faith-based providers. . 12. Studies on waiting lists (a) Study The Comptroller General of the United States shall conduct studies to determine, for each State, the number of families that— (1) are eligible to receive assistance under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. (2) have applied for the assistance, identified by the type of assistance requested; and (3) have been placed on a waiting list for the assistance. (b) Report The Comptroller General shall prepare a report containing the results of each study and shall submit the report to the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives— (1) not later than 2 years after the date of enactment of this Act; and (2) every 2 years thereafter. (c) Definition In this section, the term State 13. Review of Federal early learning and care programs (a) In general The Secretary of Health and Human Services, in conjunction with the Secretary of Education, shall conduct an interdepartmental review of all early learning and care programs for children less than 6 years of age in order to— (1) develop a plan for the elimination of overlapping programs, as identified by the Government Accountability Office’s 2012 annual report (GAO–12–342SP); and (2) make recommendations to Congress for streamlining all such programs. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Education and the heads of all Federal agencies that administer Federal early learning and care programs, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, a detailed report that outlines the efficiencies that can be achieved by, as well as specific recommendations for, eliminating overlap and fragmentation among all Federal early learning and care programs. Lorraine Miller Clerk.

Child Care and Development Block Grant Act of 2014

Enhancing Education Through Technology Act of 2013 - Replaces part D (Enhancing Education Through Technology) of title II of the Elementary and Secondary Education Act of 1965 (ESEA) with a new part D (Achievement Through Technology and Innovation). Directs the Secretary of Education (under new subpart 1 [Technology Readiness and Access] of part D) to award matching grants to states and, through them, subgrants to local educational agencies (LEAs) to strengthen state and local technological infrastructure and professional development that supports digital learning. Allocates grant funds among states in proportion to each state's share of school improvement funds under part A of title I of the ESEA. Requires states to use at least 90% of their grant to award subgrants to LEAs. Requires LEAs to use: (1) at least 40% of those funds to support the acquisition of technology that addresses their technology infrastructure and access needs, and (2) at least 35% of those funds for professional development for digital learning. Allows states to form purchasing consortia with other states, and allows LEAs to form purchasing consortia with other LEAs, to carry out grant and subgrant activities, including the purchase of technology. Directs the Secretary (under new subpart 2 [Technology for Tomorrow Fund] of part D) to award renewable, competitive grants to eligible partnerships to improve student achievement, academic growth, and college-and-career readiness through the use of technology and digital learning. Defines an "eligible partnership" as a partnership that includes at least one high-need LEA and at least one state, LEA or educational service agency, institution of higher education, nonprofit or community-based organization, or business or for-profit organization. Requires partnerships to use their grants to carry out activities that utilize technology and digital learning to: (1) promote personalized, individualized instruction; (2) improve teacher and school leader preparation, professional development, knowledge, skills, practice, and professional capacity; (3) ensure all students equitable access to high-quality curriculum, instruction, assessments, technology, and digital learning; and (4) improve educational efficiency and productivity. Directs the Secretary to: (1) establish partnership performance measures, (2) contract with an outside entity to evaluate the grant program and identify effective practices for improving student outcomes, (3) disseminate and provide technical assistance to LEAs and states on best practices in utilizing technology and digital learning for student advancement, and (4) ensure that the Department of Education applies those best practices to other innovation fund programs.

113 S1087 IS: Enhancing Education Through Technology Act of 2013 U.S. Senate 2013-06-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1087 IN THE SENATE OF THE UNITED STATES June 4, 2013 Mrs. Hagan Mrs. Murray Ms. Baldwin Committee on Health, Education, Labor, and Pensions A BILL To award grants to encourage State educational agencies, local educational agencies, and schools to utilize technology to improve student achievement and college and career readiness, the skills of teachers and school leaders, and the efficiency and productivity of education systems at all levels. 1. Short title This Act may be cited as the Enhancing Education Through Technology Act of 2013 2. Achievement through Technology and Innovation Part D of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6751 et seq. D Achievement through Technology and Innovation 2401. Purposes The purposes of this part are— (1) to improve the achievement, academic growth, and college and career readiness of students who have developed the ability to think critically, apply knowledge to solve complex problems, work collaboratively, communicate effectively, be self-directed, and be responsible digital citizens; (2) to ensure all students have access to individualized, rigorous, and engaging digital learning experiences; (3) to ensure that educators have the knowledge and skills to develop and implement digital learning curriculum, use technology effectively in order to personalize and strengthen instruction, and effectively deliver and utilize assessments to measure student outcomes and support student success; (4) to ensure that administrators have the leadership, management, knowledge, and skills to design, develop, and implement a school or local educational agency-wide digital age learning environment; (5) to improve the efficiency and productivity of education through technology; (6) to address the connectivity needs of local educational agencies and educational service agencies that are eligible for support under the E-rate program without duplicating the support available under such program; (7) to ensure that students have increased access to dual and concurrent enrollment opportunities, career and technical courses, and programs leading to an industry recognized credential; and (8) to ensure that State educational agencies, local educational agencies, and elementary schools and secondary schools have the technological capacity and infrastructure to meet purposes described in paragraphs (1) through (7). 2402. E-rate restriction Funds awarded under this part may be used to address the networking needs of a recipient of such funds for which the recipient is eligible to receive support under the E-rate program, except that such funds may not be duplicative of support received by the recipient under the E-rate program. 2403. Definitions In this part: (1) Digital learning The term digital learning (A) interactive learning resources that engage students in academic content; (B) access to online databases and other primary source documents; (C) the use of data to personalize learning and provide targeted supplementary instruction; (D) student collaboration with content experts and peers; (E) online and computer-based assessments; (F) digital content, adaptive, and simulation software or courseware; (G) online courses, online instruction, or digital learning platforms; (H) mobile and wireless technologies for learning in school and at home; (I) learning environments that allow for rich collaboration and communication; (J) authentic audiences for learning in a relevant, real world experience; (K) teacher participation in virtual professional communities of practice; and (L) hybrid or blended learning, which occurs under direct instructor supervision at a school or other location away from home and, at least in part, through online delivery of instruction with some element of student control over time, place, path, or pace. (2) Eligible partnership The term eligible partnership (A) State educational agency; (B) local educational agency, educational service agency, consortium of local educational agencies, or consortium of educational service agencies, that can demonstrate that teachers in schools served by the agency are effectively integrating technology and proven teaching standards into instruction, based on a review of relevant research, and that such integration results in improvement in— (i) classroom instruction in the core academic subjects; and (ii) the preparation of students to meet State academic content and student academic achievement standards; (C) institution of higher education; (D) nonprofit or community-based organization; or (E) business or for-profit organization. (3) Eligible technology The term eligible technology (4) E-rate program The term E-rate program 47 U.S.C. 254(h)(1)(B) (5) High-need local educational agency The term ‘high-need local educational agency’ means a local educational agency that— (A) is among the local educational agencies in a State with the highest numbers or percentages of children from families with incomes below the poverty line; and (B) (i) operates one or more schools identified under section 1116; or (ii) has a substantial need for assistance in acquiring and using technology based on the technology readiness survey. (6) Professional development The term professional development (A) is intensive, ongoing, connected to practice, and on-site where allowable; (B) is focused on student learning and addresses the teaching of specific curriculum content; (C) is aligned with school improvement priorities and goals of the school and local educational agency; and (D) builds strong working relationships among teachers and school leaders that— (i) may be built around active professional learning communities; and (ii) may contain on-demand components, such as instructional videos, training documents, or learning modules. (7) Student technology literacy The term student technology literacy (A) effectively communicate and collaborate; (B) analyze and solve problems; (C) access, evaluate, manage, and create information and otherwise gain information literacy; (D) demonstrate creative thinking, construct knowledge, and develop innovative products and processes; and (E) carry out the activities described in subparagraphs (A) through (D) in a safe and ethical manner. (8) Technology readiness survey The term technology readiness survey Public Law 111–5 (A) requiring— (i) an internal review of the degree to which instruction, additional student support, and professional development is delivered in digital formats, media, and platforms and is available to students and educators at any time; (ii) an internal review of the ability of educators to use assessments and other student data to personalize and strengthen instruction and identify professional development needs and priorities; and (iii) any other information required by the State educational agency serving the local educational agency; and (B) may include an assessment of local community needs to ensure students have adequate online access and access to devices for school-related work during out-of-school time. (9) Universal design for learning The term universal design for learning 20 U.S.C. 1003 1 Technology Readiness and Access 2411. Technology grants program authorized (a) In general From the amounts appropriated under section 2416 grants section 2413(c) section 2414(c) (b) Grants to State educational agencies (1) Reservations From the amounts appropriated under section 2416 (A) three-fourths of 1 percent for the Secretary of Interior to provide assistance under this subpart for schools operated or funded by the Bureau of Indian Education; and (B) 1 percent to provide assistance under this subpart to the outlying areas. (2) Grants From the amounts appropriated under section 2416 paragraph (1) section 2412 section 2412 (c) Minimum The amount of a grant to a State educational agency under subsection (b)(2) (d) Reallotment of unused funds If any State educational agency does not apply for a grant under subsection (b)(2) subsection (b)(2) (e) Matching funds (1) In general A State educational agency that receives a grant under subsection (b)(2) section 2413(c) (2) Waiver The Secretary may waive the matching requirement under paragraph (1) 2412. State applications (a) Application To receive a grant under section 2411(b)(2) subsection (b) (b) Contents Each application submitted under subsection (a) (1) A description of how the State educational agency will meet the following goals: (A) Use technology to ensure all students achieve college and career readiness and student technology literacy, including by providing high-quality education opportunities to economically or geographically isolated student populations. (B) Provide educators with the tools, devices, content, and resources to— (i) significantly improve teaching and learning, including support to increase personalization for and engagement of students in pursuit of college and career readiness and student technology literacy; and (ii) develop and use assessments to improve instruction, consistent with the principles of universal design for learning, including for students who are children with disabilities and children who are limited English proficient. (C) Ensure administrators and school leaders have the flexibility and capacity to develop and manage systems to carry out activities described in subparagraphs (A) and (B), and support administrators and school leaders in utilizing technology to promote equity and increase efficiency and productivity. (D) Enable local educational agencies to build the technological capacity and infrastructure (including through local purchasing of eligible technology), necessary for the full implementation of online assessments for all students, (including students who are children with disabilities and children who are limited English proficient) and to— (i) ensure the interoperability of data systems and eligible technology; and (ii) carry out subparagraphs (A) through (C). (2) A description of the technology readiness in the State, as determined by local educational agency responses to the technology readiness survey, including— (A) the status of the ability of each local educational agency served by the State educational agency to meet the goals described in section 2414(b)(1) (B) an assurance that not less 90 percent of the local educational agencies served by the State educational agency have completed and submitted the technology readiness survey to the State educational agency; and (C) an assurance that the results of the technology readiness survey for each such local educational agency are made available to the Secretary and the public through the website of the local educational agency. (3) A description of the plan for the State educational agency to support each local educational agency served by the State educational agency in meeting the goals described in section 2414(b)(1) (4) A description of— (A) the State’s process for the adoption, acquisition, distribution, and use of content; (B) how the State will ensure integrity of such processes; (C) how such processes support the goals under paragraph (1) (D) how the State will ensure content quality. (5) A description of how the State educational agency will ensure that the State educational agency's data systems and eligible technology are interoperable. (6) An assurance that the State educational agency will consider making content widely available through open educational resources when making purchasing decisions with funds received under this subpart. (7) A description of the State’s student technology literacy standards and the technology standards for teachers and administrators, and an assurance that the State’s student technology literacy standards meet the requirements of section 2403(7). (8) An assurance that subgrant awards under section 2414 (9) A description of how the State educational agency will award subgrants to local educational agencies under section 2414 (10) A description of the process, activities, and performance measures that the State educational agency will use to evaluate the impact and effectiveness of the grant and subgrant funds awarded under this subpart across the State and in each local educational agency. (11) A description of how the State educational agency will, in providing technical and other assistance to local educational agencies, give priority to the local educational agencies proposing to target services to— (A) students in schools in need of improvement and persistently low-achieving schools; and (B) schools with a high percentage of students who are eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (12) A description of how the State educational agency consulted with local educational agencies in the development of the State educational agency’s application under this subsection. (13) An assurance that the State educational agency will provide matching funds as required under section 2411(e) (14) A description of how the State educational agency will ensure that funds received under this subpart do not duplicate support received under the E-rate program. (15) An assurance that the State educational agency will protect the privacy and safety of students and teachers, consistent with requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the Family Educational Rights and Privacy Act of 1974 2413. State use of grant funds (a) Reservation for subgrants To support technology infrastructure Each State educational agency that receives a grant under section 2411(b)(2) section 2414 (b) Reservation for State activities (1) In general A State educational agency shall reserve not more than 10 percent of the grant received under section 2411(b)(2) subsection (c). (2) Grant administration (A) In General Subject to subparagraph (B), of the amount reserved by a State educational agency under paragraph (1) (i) not more than— (I) 1 percent in the case of a State educational agency awarding subgrants under section 2414(a)(1) (II) 3 percent in the case of a State educational agency awarding subgrants under section 2414(a)(2) (B) Special Rule Notwithstanding subparagraph (A), a State educational agency that forms a State purchasing consortium under subsection (d) (i) may reserve an additional 1 percent to carry out the activities described in subsection (d)(1); and (ii) may reserve amounts in addition to the percentage described in clause (i) if the State purchasing consortium receives direct approval from the local educational agencies receiving subgrants under section 2414(a) from the State educational agency prior to reserving more than the additional percentage authorized under clause (i). (c) State activities A State educational agency shall use funds described in subsection (b) (1) Except for the awarding of subgrants in accordance with section 2414 section 2412(b) (2) Providing technical assistance to local educational agencies to— (A) identify and address technology readiness needs; (B) redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment; (C) use technology, consistent with the principles of universal design for learning, to support the learning needs of all students, including students who are children with disabilities and children who are limited English proficient; (D) support principals so that principals have the expertise to evaluate teachers’ proficiency in implementing digital tools for teaching and learning; and (E) build capacity for individual school and local educational agency leaders. (3) Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology. (4) Integrating and coordinating activities under this subpart with other educational resources and programs across the State. (5) Disseminating information, including making publicly available on the website of the State educational agency, promising practices to improve technology instruction, and acquiring and implementing technology tools and applications. (6) Ensuring that teachers, paraprofessionals, library and media personnel, specialized instructional support personnel, and administrators possess the knowledge and skills to use technology— (A) for curriculum redesign to change teaching and learning and improve student achievement; (B) for formative and summative assessment administration, data analysis, and to personalize learning; (C) to improve student technology literacy; (D) to expand the range of supports and accommodations available to children who are limited English proficient and students who are children with disabilities; (E) for ongoing professional development and for access to teaching resources and tools; and (F) to provide access to dual enrollment opportunities, career and technical courses, and programs leading to an industry recognized credential. (7) Coordinating with teacher and school leader preparation programs to— (A) align digital learning teaching standards; and (B) provide ongoing professional development for teachers and school leaders that is aligned to State student technology standards and activities promoting college and career readiness. (d) Purchasing consortia (1) In general A State educational agency receiving a grant under section 2411(b)(2) (A) form a State purchasing consortium with 1 or more State educational agencies receiving such a grant to carry out the State activities described in subsection (c), including purchasing eligible technology; (B) encourage local educational agencies to form local purchasing consortia under section 2414(c)(4) (C) promote pricing opportunities to local educational agencies for the purchase of eligible technology that are— (i) negotiated by the State educational agency or the State purchasing consortium of the State educational agency; and (ii) available to such local educational agencies. (2) Restrictions A State educational agency receiving a grant under section 2411(b)(2) (A) except for promoting the pricing opportunities described in paragraph (1)(C) (B) require local educational agencies to participate in a State purchasing consortia or local purchasing consortia; or (C) use more than the amount reserved under subsection (b) paragraph (1) subsection (b)(2)(B) 2414. Local subgrants (a) Subgrants (1) Grants to local educational agencies From the grant funds provided under section 2411(b)(2) section 2413(b) (2) Competitive grants to local educational agencies If the amount of funds appropriated under section 2411 (A) shall not award subgrants under paragraph (1) (B) shall— (i) award subgrants, on a competitive basis, to local educational agencies based on the quality of applications submitted under subsection (b), including— (I) the level of technology readiness, as determined by the technology readiness surveys completed by local educational agencies submitting such applications; and (II) the technology plans described in subsection (b)(4) and how the local educational agencies with such plans will carry out the alignment and coordination described in such subsection; (ii) ensure that such subgrants are of sufficient size and scope to carry out the local activities described in subsection (c) (iii) give priority to local educational agencies that have demonstrated substantial need for assistance in acquiring and using technology, based on the agency's technology readiness survey. (3) Definition of local educational agency for certain fiscal years For purposes of awarding subgrants under paragraph (2) local educational agency (A) a local educational agency; (B) an educational service agency; or (C) a local educational agency and an educational service agency. (b) Application A local educational agency that desires to receive a subgrant under subsection (a) (1) a description of how the local educational agency will— (A) carry out the goals described in subparagraphs (A) through (D) of section 2412(b)(1) (B) enable schools served by the local educational agency to build the technological capacity and infrastructure (including through local purchasing of eligible technology), necessary for the full implementation of online assessments for all students (including students who are children with disabilities and children who are limited English proficient) and to— (i) ensure the interoperability of data systems and eligible technology; and (ii) carry out the goals described in subparagraphs (A) through (D) of section 2412(b)(1) (2) a description of the results of the technology readiness survey completed by the local educational agency and a description of the plan for the local educational agency to meet the goals described in paragraph (1) (3) a description of the local educational agency’s student technology literacy standards, the agency's goals for the technology skills for teachers and administrators, and an assurance that the student technology literacy standards meet the requirements of section 2403(7); (4) a description of the local educational agency’s technology plan to carry out paragraphs (1) and (3) and how the agency will align and coordinate the activities under this section with other activities across the local educational agency; (5) a description of the team of educators who will coordinate and carry out the activities under this section, including individuals with responsibility and expertise in instructional technology, teachers that specialize in supporting students who are children with disabilities and children who are limited English proficient, school leaders, technology officers, and staff responsible for assessments and data analysis; (6) a description of how the local educational agency will evaluate teachers’ proficiency and progress in implementing technology for teaching and learning; (7) a description of how the local educational agency will ensure that principals have the expertise to evaluate teachers’ proficiency and progress in implementing technology for teaching and learning and the interoperability of data systems and eligible technology; (8) a description of— (A) the local educational agency’s procurement process and process for the creation, acquisition, distribution, and use of content; (B) how the local educational agency will ensure integrity of such processes; (C) how such processes support the goals described in paragraph (1) (D) how the local educational agency will ensure content quality; (9) a description of how the local educational agency will carry out activities under subsection (c) (10) a description of how the subgrant funds received under subsection (a) (11) a description of how the local educational agency will ensure that the subgrant received under subsection (a) is not duplicative of support received under the E-rate program; and (12) an assurance that the local educational agency will protect the privacy and safety of students and teachers, consistent with requirements section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the Family Educational Rights and Privacy Act of 1974 (c) Use of funds (1) Technology infrastructure Subject to paragraph (3) subsection (a) (A) except for the activities described in paragraph (2), carry out activities described in the application submitted under subsection (b), including purchasing devices, equipment, and software applications, and improving connectivity to and within schools; and (B) address readiness shortfalls identified under the technology readiness survey completed by the local educational agency. (2) Professional development for digital learning Subject to paragraph (3) subsection (a) (A) shall use not less than 35 percent of such funds to carry out— (i) digital age professional development opportunities for teachers, paraprofessionals, library and media personnel, specialized instructional support personnel, technology coordinators, and administrators in the effective use of modern information and communication technology tools and digital resources to deliver instruction, curriculum and school classroom management, including for classroom teachers to assess, support, and provide engaging student learning opportunities, including professional development that— (I) is ongoing, sustainable, and scalable; (II) is participatory; (III) includes communication and regular interactions with instructors, facilitators, and peers and is directly related to up-to-date teaching methods in content areas; (IV) includes strategies and tools for improving communication with parents and family engagement; (V) may be built around active professional learning communities or online communities of practice or other tools that increase collaboration among teachers across schools, local educational agencies, or States; and (VI) may contain on-demand components, such as instructional videos, training documents, or learning modules; (ii) ongoing professional development in strategies and pedagogy in the core academic subjects that involve the use of technology and curriculum redesign as key components of supporting effective, innovative teaching and learning, and improving student achievement; (iii) ongoing professional development in the use of educational technologies to ensure every educator achieves and maintains student technology literacy, including possessing and maintaining the knowledge and skills to use technology— (I) across the curriculum for student learning; (II) for real-time data analysis and online or digital assessment to enable individualized instruction; and (III) to develop and maintain student technology literacy; (iv) ongoing professional development for school leaders to provide and promote leadership in the use of— (I) educational technology to ensure a digital-age learning environment, including the capacity to lead the reform or redesign of curriculum, instruction, assessment; and (II) data through the use of technology in order to increase student learning opportunity, student technology literacy, student access to technology, and student engagement in learning; and (v) a review of the effectiveness of the professional development and regular intervals of learner feedback and data; and (B) may use such funds for— (i) the use of technology coaches to work directly with teachers, including through the preparation of teachers as technology leaders or master teachers— (I) who are provided with the means to serve as experts and to create professional development opportunities for other teachers in the effective use of technology; and (II) who may leverage technologies, such as distance learning and online virtual educator-to-educator peer communities, as a means to support ongoing, participatory professional growth around the integration of effective educational technologies; (ii) innovative approaches to ongoing professional development such as non-standard achievement recognition strategies, including digital badging, gamification elements, use of learner-created learning objects, integration of social and professional networking tools, rating and commenting on learning artifacts, and personalization of professional development; and (iii) any other activities required to carry out the local educational agency’s technology plan described in subsection (b)(4) (3) Modification of funding allocations A State educational agency may authorize a local educational agency to modify the percentage of the local educational agency’s subgrant funds required to carry out the activities described in paragraphs (1) or (2) if the local educational agency demonstrates that such modification will assist the local educational agency in more effectively carrying out such activities. (4) Purchasing consortia Local educational agencies receiving subgrants under subsection (a) may— (A) form a local purchasing consortia with other such local educational agencies to carry out the activities described in this subsection, including purchasing eligible technology; and (B) use such funds for purchasing eligible technology through a State purchasing consortia under section 2413(d) 2415. Reporting (a) Local educational agencies Each local educational agency receiving a subgrant under section 2414 subsection (c) (b) State educational agencies Each State educational agency receiving a grant under section 2411(b)(2) subsection (c) (c) Report requirements A report submitted under subsection (a) or (b) shall include, at a minimum, a description of— (1) the status of the State educational agency’s plan described in section 2412(b)(3) section 2414(b)(4) (2) the categories of eligible technology acquired with funds under this subpart and how such technology is being used; (3) the professional development activities funded under this subpart, including types of activities and entities involved in providing such professional development to classroom teachers and other staff, such as school librarians; (4) the instruction, strategies, activities, and curricula used in the programs funded under this subpart; and (5) the types of programs funded under this subpart. 2416. Authorization There are authorized to be appropriated to carry out this subpart $1,000,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 4 succeeding fiscal years. 2 Technology for Tomorrow Fund 2421. Short title This subpart may be cited as the Technology for Tomorrow Fund 2422. Technology for tomorrow fund (a) Grants to eligible partnerships From the amounts appropriated under section 2427 subsection (b) section 2424 (b) Reservation of funds The Secretary may reserve not more than 5 percent of the amounts appropriated under section 2427 (1) the administration of this subpart; and (2) the evaluation and dissemination activities described in section 2424(b) (c) Duration of grant period A grant under subsection (a) section 2426(a) 2423. Application (a) In general To receive a grant under section 2422 subsection (b) (b) Contents An application submitted under subsection (a) (1) a description of the eligible partnership, the partners forming the eligible partnership, and the roles and responsibilities of each partner; (2) a demonstration of each partner’s capacity and commitment to fulfill its role and responsibilities to ensure the successful completion of activities described in section 2424 (3) a description of how the grant funds will be used to improve the achievement, academic growth, and college and career readiness of students, particularly at-risk, low-income, and low-performing students; (4) a description of how the activities funded by the grant will be innovative, systemic, or evidence-based by ensuring such activities— (A) are based on strong or promising evidence or a review of the best available research evidence; and (B) may contribute to the development and use of new models; (5) a description of how such activities will utilize technology and digital learning to— (A) promote personalized, individualized instruction that improves student achievement, academic growth, and college and career readiness; (B) improve teacher and school leader preparation, training, knowledge, skills, practice, and professional capacity; (C) ensure all students, particularly at-risk and historically disadvantaged students, including students who are children with disabilities and children who are limited English proficient, have equitable access to high-quality curriculum, instruction, assessments, technology, and digital learning; or (D) improve the efficiency and productivity of education; (6) a description of how the eligible partnership will measure and report data on the effectiveness of such activities under section 2425(a) (7) an assurance that the grant funds will not solely be used— (A) to purchase materials, hardware, or technology-based tools; or (B) to implement online learning to the exclusion of other activities; (8) a description of how the eligible partnership will ensure that a grant received under this subpart is not duplicative of support received under the E-rate program; and (9) such other information as the Secretary may require. (c) Application review and award (1) Application review and approval The Secretary shall— (A) establish a peer review process to assist in the review of the grant applications and approval of the grants under this section; (B) appoint to the peer review process individuals who are educators and experts in— (i) technology and digital learning; (ii) classroom instruction and teaching practice; (iii) school improvement, redesign, or turnaround; (iv) teacher and school leader training or professional development; and (v) education efficiency and productivity; and (C) ensure that each grant is of sufficient size and scope to carry out the activities described in the grant application under subsection (b) section 2425(a) (2) Grant award In awarding grants under this subpart, the Secretary shall, to the extent practicable, ensure— (A) diversity in the type of activities funded under the grants, including statewide and local initiatives; (B) equitable geographic distribution of the grants, including urban and rural areas and small and large local educational agencies; and (C) that eligible partnerships receiving such grants— (i) demonstrate that activities funded by the grant will be carried out based on strong or promising evidence; and (ii) are committed to and capable of successfully carrying out the activities described in the grant application submitted under subsection (b) section 2425(a) 2424. Use of funds (a) Requirements An eligible partnership receiving a grant under this subpart shall use grant funds to carry out 1 or more of the following activities that utilize technology and digital learning: (1) Promoting personalized, individualized instruction that improves student achievement, academic growth, and college and career readiness, such as— (A) hybrid, blended, or other digital-learning opportunities that combine online and teacher-based instruction to improve student outcomes; (B) gaming or other personalized digital or technology-based tools that individualize instruction and promote self-directed learning and higher order thinking skills, including giving students control over the place, pace, or time of learning; (C) online platforms or opportunities that provide students opportunities for credit recovery or advanced credit accumulation; and (D) expanding the accommodations available to students who are children with disabilities and children who are limited English proficient. (2) Improving teacher and school leader preparation, professional development, knowledge, skills, practice, and professional capacity, such as— (A) tools or programs that equip teachers to differentiate instruction, conduct ongoing formative assessments, and use real-time data or data systems to identify individual student learning needs and guide personalized instruction, learning, and appropriate interventions that address those individualized student learning needs; (B) on-demand professional development, online communities of practice, or other technology-based tools that improve teaching and leadership; (C) pre-service training in the use of technology and digital learning to improve student outcomes; and (D) technology-based tools to improve the administration and implementation of teacher evaluation systems or other human capital systems. (3) Ensuring all students, particularly at-risk and low-performing students, have equitable access to high-quality curriculum, instruction, assessments, technology, and digital learning by effectively implementing technology tools consistent with the principle of universal design for learning, such as— (A) using tools or programs to teach students higher order thinking skills; (B) improving the education of students who are children with disabilities through assessment accommodations, including assistive technology; (C) improving the education of children who are limited English proficient, including language proficiency and academic content, through intuitive games and interfaces, web-based interventions, or technology-based assessments and assessment accommodations; (D) technology-based tools or digital learning opportunities that enhance high-quality early learning or early childhood education programs; (E) expanding learning opportunities, particularly for students who are low-performing or live in rural areas, that increase access to high-quality curriculum and instruction, advanced placement or international baccalaureate courses, science, technology, engineering, and mathematics education, or enrichment activities; and (F) enhancing the quality, depth, or administration of student assessments, including summative, formative, and classroom-based assessments. (4) Improving the efficiency and productivity of education, such as— (A) extending the reach of high-quality materials, tools, curriculum, instruction, or teachers through such means as open educational resources or blended learning; (B) making student learning or school improvement more effective and cost-efficient through online or digital platforms; and (C) use of laptops, personal devices, or technology-infused instruction to reduce cost and improve delivery of instruction. (b) Limitations on uses of funds An eligible partnership may not use the total amount of a grant received under this subpart for a fiscal year— (1) on materials, hardware, or technology-based tools; or (2) to implement online learning to the exclusion of other activities. 2425. Data collection and reporting (a) Reporting Each eligible partnership receiving a grant under this subpart shall collect and report to the Secretary, on at least an annual basis, such information on the progress, outcomes, and best practices learned from activities under the grant as the Secretary may require, which— (1) shall include information on the impact of the grant on student outcomes, such as— (A) the number of and demographic information about students who are served by the eligible partnership under this subpart; (B) student achievement, student growth, and graduation rates of such students; (C) college and career readiness data about students, such as rates of credit accumulation, course taking and completion, and college enrollment and persistence; (D) student attendance and participation rates; and (E) such other information the Secretary may require or other information the eligible partnership proposes to include and has approved by the Secretary; and (2) may include data on— (A) student engagement and discipline; (B) school climate and teacher working conditions; and (C) increases in inclusion of students who are children with disabilities and children who are limited English proficient. (b) Disaggregation Each eligible partnership receiving a grant under this subpart shall disaggregate the information required under subsection (a) 2426. Performance measurement and evaluation and dissemination (a) Performance measures Prior to the reviewing and awarding of grants under this subpart, the Secretary shall establish performance measures used to evaluate the progress and performance of each eligible partnership that— (1) shall include, at a minimum, information on the impact of the grants on student outcomes as reported under section 2425(a) (2) may include such other information as the Secretary may reasonably require. (b) Evaluation and dissemination From amounts reserved under section 2422(b) (1) conduct or enter into a contract with an outside evaluator to conduct— (A) a comprehensive evaluation after the third year that the grant program is carried under this subpart on the effectiveness of all grants awarded under this subpart; and (B) a final evaluation following the final year of the grant program under this subpart— (i) that focuses on the improvement in student outcomes reported under paragraphs (1) through (3) of section 2425(a) (ii) that compares the relative effectiveness of different types of programs carried under this subpart and compares the relative effectiveness of variations in implementation within such programs; and (iii) identifies the conditions and practices needed for the effective use of technology and digital learning, including issues related to teacher professional development, educational leadership, classroom and school practices and implementation and support; (2) disseminate and provide technical assistance to local educational agencies and State educational agencies on best practices in utilizing technology and digital learning to improve student achievement, academic growth, and college and career readiness; and (3) ensure that the Department of Education applies the best practices described in paragraph (2) 2427. Authorization of appropriations There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. .

Enhancing Education Through Technology Act of 2013

Student Non-Discrimination Act of 2013 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. Considers harassment to be a form of discrimination. Prohibits retaliation against anyone for opposing conduct made unlawful under this Act. Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them. Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail. Authorizes the Attorney General to institute a civil action in any appropriate U.S. district court for a violation of this Act. Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.

113 S1088 IS: Student Non-Discrimination Act of 2013 U.S. Senate 2013-06-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1088 IN THE SENATE OF THE UNITED STATES June 4, 2013 Mr. Franken Mrs. Murray Mrs. Gillibrand Mr. Casey Mr. Leahy Mrs. Boxer Mr. Begich Ms. Stabenow Mr. Udall of New Mexico Mr. Blumenthal Mr. Whitehouse Mr. Bennet Mr. Sanders Mr. Harkin Ms. Mikulski Mr. Brown Mr. Cowan Ms. Warren Mrs. Hagan Mrs. Shaheen Mr. Coons Mr. Murphy Ms. Klobuchar Ms. Cantwell Mr. Schatz Mr. Heinrich Ms. Baldwin Mr. Durbin Mr. Wyden Mr. Reed Mr. Udall of Colorado Mr. Schumer Mr. Cardin Mr. Merkley Committee on Health, Education, Labor, and Pensions A BILL To end discrimination based on actual or perceived sexual orientation or gender identity in public schools, and for other purposes. 1. Short Title This Act may be cited as the Student Non-Discrimination Act of 2013 2. Findings and purposes (a) Findings Congress makes the following findings: (1) Public school students who are lesbian, gay, bisexual, or transgender (referred to in this Act as LGBT (2) While discrimination of any kind is harmful to students and to the education system, actions that target students based on sexual orientation or gender identity represent a distinct and severe problem that remains inadequately addressed by current Federal law. (3) Numerous social science studies demonstrate that discrimination at school has contributed to high rates of absenteeism, academic underachievement, dropping out, and adverse physical and mental health consequences among LGBT youth. (4) When left unchecked, discrimination in schools based on sexual orientation or gender identity can lead, and has led, to life-threatening violence and to suicide. (5) Public school students enjoy a variety of constitutional rights, including rights to equal protection, privacy, and free expression, which are infringed when school officials engage in or fail to take prompt and effective action to stop discrimination on the basis of sexual orientation or gender identity. (6) Provisions of Federal statutory law expressly prohibit discrimination on the basis of race, color, sex, religion, disability, and national origin. The Department of Education and the Department of Justice, as well as numerous courts, have correctly interpreted the prohibitions on sex discrimination to include discrimination based on sex stereotypes and gender identity, even when that sex-based discrimination coincides or overlaps with discrimination based on sexual orientation. However, the absence of express Federal law prohibitions on discrimination on the basis of sexual orientation and gender identity has created unnecessary uncertainty that risks limiting access to legal remedies under Federal law for LGBT students and their parents. (b) Purposes The purposes of this Act are— (1) to ensure that all students have access to public education in a safe environment free from discrimination, including harassment, bullying, intimidation, and violence, on the basis of sexual orientation or gender identity; (2) to provide a comprehensive Federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity; (3) to provide meaningful and effective remedies for discrimination in public schools based on actual or perceived sexual orientation or gender identity; (4) to invoke congressional powers, including the power to enforce the 14th Amendment to the Constitution and to provide for the general welfare pursuant to section 8 of article I of the Constitution and the power to make all laws necessary and proper for the execution of the foregoing powers pursuant to section 8 of article I of the Constitution, in order to prohibit discrimination in public schools on the basis of sexual orientation or gender identity; and (5) to allow the Department of Education and the Department of Justice to effectively combat discrimination based on sexual orientation and gender identity in public schools, through regulation and enforcement, as the Departments have issued regulations under and enforced title IX of the Education Amendments of 1972 and other nondiscrimination laws in a manner that effectively addresses discrimination. 3. Definitions and rule (a) Definitions For purposes of this Act: (1) Educational agency The term educational agency 20 U.S.C. 7801 (2) Gender identity The term gender identity (3) Harassment The term harassment (A) a student’s actual or perceived sexual orientation or gender identity; or (B) the actual or perceived sexual orientation or gender identity of a person with whom a student associates or has associated. (4) Program or activity The terms program or activity program 42 U.S.C. 2000d–4a (5) Public school The term public school (6) Sexual orientation The term sexual orientation (7) Student The term student (b) Rule Consistent with Federal law, in this Act the term includes includes but is not limited to 4. Prohibition against discrimination (a) In general No student shall, on the basis of actual or perceived sexual orientation or gender identity of such individual or of a person with whom the student associates or has associated, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (b) Harassment For purposes of this Act, discrimination includes harassment of a student on the basis of actual or perceived sexual orientation or gender identity of such student or of a person with whom the student associates or has associated. (c) Retaliation prohibited (1) Prohibition No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination, retaliation, or reprisal under any program or activity receiving Federal financial assistance based on the person's opposition to conduct made unlawful by this Act. (2) Definition For purposes of this subsection, opposition to conduct made unlawful by this Act (A) opposition to conduct believed to be made unlawful by this Act or conduct that could be believed to become unlawful under this Act if allowed to continue; (B) any formal or informal report, whether oral or written, to any governmental entity, including public schools and educational agencies and employees of the public schools or educational agencies, regarding conduct made unlawful by this Act, conduct believed to be made unlawful by this Act, or conduct that could be believed to become unlawful under this Act if allowed to continue; (C) participation in any investigation, proceeding, or hearing related to conduct made unlawful by this Act, conduct believed to be made unlawful by this Act, or conduct that could be believed to become unlawful under this Act if allowed to continue; and (D) assistance or encouragement provided to any other person in the exercise or enjoyment of any right granted or protected by this Act, if in the course of that expression, the person involved does not purposefully provide information known to be false to any public school or educational agency or other governmental entity regarding conduct made unlawful by this Act, or conduct believed to be made unlawful by this Act, or conduct that could be believed to become unlawful under this Act if allowed to continue. 5. Federal administrative enforcement; report to congressional committees (a) Requirements Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 4 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. (b) Enforcement Compliance with any requirement adopted pursuant to this section may be effected— (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found; or (2) by any other means authorized by law, except that no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. (c) Reports In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House of Representatives and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until 30 days have elapsed after the filing of such report. 6. Private cause of action (a) Private cause of action Subject to subsection (c), and consistent with the cause of action recognized under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), an aggrieved individual may bring an action in a court of competent jurisdiction, asserting a violation of this Act. Aggrieved individuals may be awarded all appropriate relief, including equitable relief, compensatory damages, and costs of the action. (b) Rule of construction This section shall not be construed to preclude an aggrieved individual from obtaining remedies under any other provision of law or to require such individual to exhaust any administrative complaint process or notice of claim requirement before seeking redress under this section. (c) Statute of limitations For actions brought pursuant to this section, the statute of limitations period shall be determined in accordance with section 1658(a) of title 28, United States Code. The tolling of any such limitations period shall be determined in accordance with the law governing actions under section 1979 of the Revised Statutes ( 42 U.S.C. 1983 7. Cause of action by the attorney general The Attorney General is authorized to institute for or in the name of the United States a civil action for a violation of this Act in any appropriate district court of the United States against such parties and for such relief as may be appropriate, including equitable relief and compensatory damages. Whenever a civil action is instituted for a violation of this Act, the Attorney General may intervene in such action upon timely application and shall be entitled to the same relief as if the Attorney General had instituted the action. Nothing in this Act shall adversely affect the right of any person to sue or obtain relief in any court for any activity that violates this Act, including regulations promulgated pursuant to this Act. 8. State immunity (a) State immunity A State shall not be immune under the 11th Amendment to the Constitution from suit in Federal court for a violation of this Act. (b) Waiver A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment or otherwise, to a suit brought by an aggrieved individual for a violation of section 4. (c) Remedies In a suit against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. 9. Attorney’s fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) the Student Non-Discrimination Act of 2013, Religious Land Use and Institutionalized Persons Act of 2000, 10. Effect on other laws (a) Federal and State nondiscrimination laws Nothing in this Act shall be construed to preempt, invalidate, or limit rights, remedies, procedures, or legal standards available to victims of discrimination or retaliation, under any other Federal law or law of a State or political subdivision of a State, including titles IV and VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000c et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. 42 U.S.C. 1983 42 U.S.C. 2000c et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 1983 (b) Free speech and expression laws and religious student groups Nothing in this Act shall be construed to alter legal standards regarding, or affect the rights available to individuals or groups under, other Federal laws that establish protections for freedom of speech and expression, such as legal standards and rights available to religious and other student groups under the First Amendment and the Equal Access Act ( 20 U.S.C. 4071 et seq. 11. Severability If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance shall not be impacted. 12. Effective date This Act shall take effect 60 days after the date of enactment of this Act and shall not apply to conduct occurring before the effective date of this Act.

Student Non-Discrimination Act of 2013

Servicemembers and Veterans Prescription Drug Safety Act of 2013 - Directs the Secretary of Defense (Secretary) and the Attorney General (AG) to jointly carry out a program under which a member of the Armed Forces (member), an individual receiving or entitled to military retired or retainer pay, a dependent-beneficiary of a member, or any person lawfully entitled to dispose of the property of any of such individuals may deliver a personal-use controlled substance (the prescription medication of a deceased individual) for disposal at a facility to be specified by the Secretary and the AG. Requires the Secretary and AG, in implementing the program, to develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of such delivered substances. Directs the Secretary and the AG to jointly carry out a program under which a veteran, a veteran's spouse or dependent, a person in receipt of medical services at a Department of Veterans Affairs (VA) facility, or any person lawfully entitled to dispose of the property of any of such individuals may deliver such a controlled substance for disposal at a specified facility, subject to the same guidelines and procedures with respect to such delivered substances.

113 S1089 IS: Servicemembers and Veterans Prescription Drug Safety Act of 2013 U.S. Senate 2013-06-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1089 IN THE SENATE OF THE UNITED STATES June 4, 2013 Ms. Collins Mr. Blumenthal Mrs. Boxer Mr. Manchin Ms. Murkowski Mr. Boozman Committee on the Judiciary A BILL To provide for a prescription drug take-back program for members of the Armed Forces and veterans, and for other purposes. 1. Short title This Act may be cited as the Servicemembers and Veterans Prescription Drug Safety Act of 2013 2. Prescription drug take-back program for members of the Armed Forces and their dependents (a) Definitions In this section: (1) Covered beneficiary The term covered beneficiary section 1072 (2) Covered controlled substance The term covered controlled substance (3) Dependent The term dependent (4) Eligible person The term eligible person (A) a member of the Armed Forces; (B) an individual who is receiving or is entitled to receive retired or retainer pay under chapter 71 of title 10, United States Code; (C) a dependent of a member of the Armed Forces, if that dependent is a covered beneficiary in receipt of health care services under chapter 55 (D) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (C) who dies while lawfully in possession of a covered controlled substance for personal use. (5) Program The term program (6) Secretary The term Secretary (b) Program required (1) In general The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act ( 21 U.S.C. 822(g) (2) Delivery of controlled substances Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act ( 21 U.S.C. 822(g)(1) (c) Prevention of abuse In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program. (d) Administration of program (1) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program. (2) Implementation Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program. 3. Prescription drug take-back program for veterans and their dependents (a) Definitions In this section: (1) Covered controlled substance The term covered controlled substance (2) Eligible person The term eligible person (A) a veteran; (B) the spouse of a veteran, if the spouse is in receipt of medical services under laws administered by the Secretary; (C) a dependent of a veteran, if the dependent is in receipt of medical services under laws administered by the Secretary; (D) a person described in section 2(a)(4) who is in receipt of medical services at a facility of the Department of Veterans Affairs; and (E) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (D) who dies while lawfully in possession of a covered controlled substance for personal use. (3) Program The term program (4) Secretary The term Secretary (5) Veteran The term veteran (b) Program required (1) In general The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act ( 21 U.S.C. 822(g) (2) Delivery of controlled substances Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act ( 21 U.S.C. 822(g)(1) (c) Prevention of abuse In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program. (d) Administration of program (1) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program. (2) Implementation Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program.

Servicemembers and Veterans Prescription Drug Safety Act of 2013

Government Neutrality in Contracting Act - Directs the head of any federal agency that awards or obligates funds for any construction contract, or that awards grants, provides financial assistance, or enters into cooperative agreements for construction projects, to ensure that bid specifications, project agreements, or other controlling documents do not: (1) require or forbid a bidder, offeror, contractor, or subcontractor to enter into or adhere to agreements with a labor organization with respect to that construction project or another related construction project; or (2) otherwise discriminate against such a party because it did or did not become a signatory or otherwise adhere to such an agreement. Allows exemptions to avert an imminent threat to public health or safety or to serve national security. Allows additional exemptions for certain projects. Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to implement this Act with respect to the applicable federal contracts.

113 S109 IS: Government Neutrality in Contracting Act U.S. Senate 2013-01-23 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 113th CONGRESS 1st Session S. 109 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Vitter Ms. Ayotte Mr. Burr Mr. Coburn Ms. Collins Mr. Isakson Mr. Roberts Mr. Wicker Committee on Homeland Security and Governmental Affairs A BILL To preserve open competition and Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded construction projects. 1. Short title This Act may be cited as the Government Neutrality in Contracting Act 2. Purposes It is the purpose of this Act to— (1) promote and ensure open competition on Federal and federally funded or assisted construction projects; (2) maintain Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded or assisted construction projects; (3) reduce construction costs to the Federal Government and to the taxpayers; (4) expand job opportunities, especially for small and disadvantaged businesses; and (5) prevent discrimination against Federal Government contractors or their employees based upon labor affiliation or the lack thereof, thereby promoting the economical, nondiscriminatory, and efficient administration and completion of Federal and federally funded or assisted construction projects. 3. Preservation of open competition and Federal Government neutrality (a) Prohibition (1) General rule The head of each executive agency that awards any construction contract after the date of enactment of this Act, or that obligates funds pursuant to such a contract, shall ensure that the agency, and any construction manager acting on behalf of the Federal Government with respect to such contract, in its bid specifications, project agreements, or other controlling documents does not— (A) require or prohibit a bidder, offeror, contractor, or subcontractor from entering into, or adhering to, agreements with 1 or more labor organization, with respect to that construction project or another related construction project; or (B) otherwise discriminate against a bidder, offeror, contractor, or subcontractor because such bidder, offeror, contractor, or subcontractor— (i) becomes a signatory, or otherwise adheres to, an agreement with 1 or more labor organization with respect to that construction project or another related construction project; or (ii) refuses to become a signatory, or otherwise adheres to, an agreement with 1 or more labor organization with respect to that construction project or another related construction project. (2) Application of prohibition The provisions of this section shall not apply to contracts awarded prior to the date of enactment of this Act, and subcontracts awarded pursuant to such contracts regardless of the date of such subcontracts. (3) Rule of construction Nothing in paragraph (1) shall be construed to prohibit a contractor or subcontractor from voluntarily entering into an agreement described in such paragraph. (b) Recipients of grants and other assistance The head of each executive agency that awards grants, provides financial assistance, or enters into cooperative agreements for construction projects after the date of enactment of this Act, shall ensure that— (1) the bid specifications, project agreements, or other controlling documents for such construction projects of a recipient of a grant or financial assistance, or by the parties to a cooperative agreement, do not contain any of the requirements or prohibitions described in subparagraph (A) or (B) of subsection (a)(1); or (2) the bid specifications, project agreements, or other controlling documents for such construction projects of a construction manager acting on behalf of a recipient or party described in paragraph (1) do not contain any of the requirements or prohibitions described in subparagraph (A) or (B) of subsection (a)(1). (c) Failure To comply If an executive agency, a recipient of a grant or financial assistance from an executive agency, a party to a cooperative agreement with an executive agency, or a construction manager acting on behalf of such an agency, recipient, or party, fails to comply with subsection (a) or (b), the head of the executive agency awarding the contract, grant, or assistance, or entering into the agreement, involved shall take such action, consistent with law, as the head of the agency determines to be appropriate. (d) Exemptions (1) In general The head of an executive agency may exempt a particular project, contract, subcontract, grant, or cooperative agreement from the requirements of 1 or more of the provisions of subsections (a) and (b) if the head of such agency determines that special circumstances exist that require an exemption in order to avert an imminent threat to public health or safety or to serve the national security. (2) Special circumstances For purposes of paragraph (1), a finding of special circumstances (3) Additional exemption for certain projects The head of an executive agency, upon application of an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of any of such entities, may exempt a particular project from the requirements of any or all of the provisions of subsections (a) or (c) if the agency head finds— (A) that the awarding authority, recipient of grants or financial assistance, party to a cooperative agreement, or construction manager acting on behalf of any of such entities had issued or was a party to, as of the date of the enactment of this Act, bid specifications, project agreements, agreements with one or more labor organizations, or other controlling documents with respect to that particular project, which contained any of the requirements or prohibitions set forth in subsection (a)(1); and (B) that one or more construction contracts subject to such requirements or prohibitions had been awarded as of the date of the enactment of this Act. (e) Federal Acquisition Regulatory Council With respect to Federal contracts to which this section applies, not later than 60 days after the date of enactment of this Act, the Federal Acquisition Regulatory Council shall take appropriate action to amend the Federal Acquisition Regulation to implement the provisions of this section. (f) Definitions In this section: (1) Construction contract The term construction contract (2) Executive agency The term executive agency section 133 (3) Labor organization The term labor organization Civil Rights Act of 1964

Government Neutrality in Contracting Act

Higher Education and Skills Obtainment Act - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with a tax credit for full and part-time post-secondary students equal to 100% of qualified tuition and related expenses up to $2,000, plus 25% of such expenses as exceeds $2,000 but not more than $4,000. Reduces the allowable amount of such credit to the extent that household income exceeds 400% of the federal poverty line. Repeals the tax deduction for qualified tuition and related expenses. Expresses the sense of Congress that any revenue saved by the enactment of this Act shall be applied to the currently projected Pell Grant funding shortfall in 2015 and to deficit reduction.

113 S1090 IS: Higher Education and Skills Obtainment Act U.S. Senate 2013-06-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1090 IN THE SENATE OF THE UNITED STATES June 4, 2013 Mr. Rubio Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to consolidate the current education tax incentives into one credit against income tax for higher education expenses, and for other purposes. 1. Short title This Act may be cited as the Higher Education and Skills Obtainment Act 2. Consolidation of education tax incentives into higher education and skills obtainment credit (a) In General Section 25A 25A. Higher education and skills obtainment credit (a) Allowance of credit In the case of any eligible student for whom an election is in effect under this section for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,000, plus (2) 25 percent of such expenses so paid as exceeds $2,000 but does not exceed $4,000. (b) Limitations (1) Credit allowed only for 4 taxable years The credit under subsection (a) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an eligible student if the student has completed (before the beginning of such taxable year) 4 years of any combination of postsecondary education at an eligible educational institution and instruction described in subsection (c)(2)(B). (2) Limitation based on household income The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so taken into account as the excess (if any) of— (A) the household income of the taxpayer for such taxable year over 400 percent of the poverty line, bears to (B) the amount equal to 500 percent of the poverty line minus the amount equal to 400 percent of the poverty line. (c) Definitions For purposes of this section— (1) Eligible student The term eligible student (A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and (B) in the case of a student enrolled in a degree program, is carrying at least ½ the normal full-time work load for the course of study the student is pursuing. (2) Qualified tuition and related expenses The term qualified tuition and related expenses (A) for education during the taxable year with respect to the attendance at an eligible educational institution during any academic period beginning in such taxable year of— (i) the taxpayer, (ii) the taxpayer’s spouse, or (iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, and (B) for a course of instruction from an eligible provider to acquire or improve job skills of the individual during the taxable year (for education furnished during any academic period beginning in such taxable year). (3) Eligible educational institution The term eligible educational institution (A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and (B) which is eligible to participate in a program under title IV of the Higher Education Act of 1965. (4) Poverty line (A) In general The term poverty line (B) Poverty line used The poverty line used shall be the most recently published poverty line as of the 1st day of the regular enrollment period for coverage during such calendar year. (5) Eligible provider The term eligible provider 29 U.S.C. 2842(e)(3) (d) Special rules (1) Identification requirements No credit shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes on the return of tax for the taxable year— (A) the name and social security number of such student, and (B) the employer identification number, name, and address of any institution or eligible provider to which tuition, fees, and costs of course materials were paid with respect to such student. (2) Adjustment for certain scholarships The expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (b)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as— (A) a qualified scholarship which is excludable from gross income under section 117, (B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 (C) a Federal Pell Grant or a Federal supplemental educational opportunity grant under subparts 1 and 3, respectively, of part A of title IV of the Higher Education Act of 1965 (D) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such student’s educational expenses, or attributable to such individual’s enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. (3) Treatment of expenses paid by dependent If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins— (A) no credit shall be allowed under subsection (a) to such individual for such individual’s taxable year, and (B) amounts paid by such individual during such individual’s taxable year shall be treated for purposes of this section as paid by such other taxpayer. (4) Treatment of certain prepayments If tuition, fees, or costs of course materials are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. (5) Denial of double benefit No credit shall be allowed under this section for any expense for which deduction is allowed under any other provision of this chapter. (6) No credit for married individuals filing separate returns If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year. (7) Nonresident aliens If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. (8) Supporting information No expense shall be taken into account under this section for a taxable year unless the taxpayer submits with the return of tax for the taxable year information supporting such expense. (e) Election not To have section apply A taxpayer may elect not to have this section apply with respect to the expenses of an individual for any taxable year. (f) Verification and confirmation of certain information In carrying out this section, the Secretary shall utilize information from the Secretary of Education to confirm and verify information relating to educational institutions and students, including the Integrated Postsecondary Education Data System and the National Student Loan Data System. (g) Regulations The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any expense which was taken into account in determining the amount of such credit. . (b) Repeal of deduction for qualified tuition and related expenses (1) In general Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by striking section 222. (2) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222. (c) Information Returns (1) In general Section 6050S(e) of such Code is amended by striking subsection (g)(2) subsection (d)(2) (2) Attendance Paragraph (2) of section 6050S(b) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (C) the status of the individual for each academic period of the year for which payments are received as— (i) a full-time or part-time student, (ii) if a part-time student, whether the individual is at least half time, and (iii) whether the student is a graduate student. . (d) Omission of identification information and number of years credit is claimed treated as mathematical or clerical error Subparagraph (J) of section 6213(g)(2) of such Code is amended to read as follows: (J) in the case of information required under section 25A (relating to higher education obtainment credit)— (i) an omission of a correct social security number and employer identification number of any institution required to be included on a return under subsection (d)(1) of such section, and (ii) an entry on the return claiming the credit in violation of the limitation under subsection (b)(1) of such return, . (e) Conforming amendments (1) Section 62(a) of such Code is amended by striking paragraph (18). (2) Subparagraph (A) of section 86(b)(2) of such Code is amended by striking 222, (3) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking section 25A(g)(2) section 25A(d)(2) (4) Subparagraph (A) of section 135(c)(4) of such Code is amended by striking 222, (5) Subparagraph (A) of section 137(b)(3) of such Code is amended by striking 222, (6) Subparagraph (A) of section 199(d)(2) of such Code is amended by striking 222, (7) Clause (ii) of section 219(g)(3)(A) of such Code is amended by striking 222, (8) Clause (i) of section 221(b)(2)(C) of such Code is amended by striking 222, (9) Clause (iii) of section 469(i)(3)(F) of such Code is amended by striking 221, and 222 and 221 (10) Subsection (d) of section 221 of such Code is amended— (A) by striking section 25A(g)(2) section 25A(d)(2) (B) by striking section 25A(f)(2) section 25A(c)(3) (11) Section 221(d)(3) of such Code is amended by striking section 25A(b)(3) section 25A(c)(3) (12) Subclause (I) of section 529(c)(3)(B)(v) of such Code is amended by striking section 25A(g)(2) 25A(d)(2) (13) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking section 25A(b)(3) section 221(c)(3) (14) Subclause (I) of section 530(d)(2)(C)(i) of such Code is amended by striking section 25A(g)(2) section 25A(d)(2) (15) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking section 25A(g)(2) 25A(d)(2) (16) Section 1400O of such Code is amended by adding at the end the following flush sentence: For purposes of this section, any reference to section 25A shall be treated as a reference to such section as in effect on the day before the date of the enactment of this sentence. . (17) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following: Sec. 25A. Higher education and skills obtainment credit. . (f) Sense of Congress It is the sense of Congress that any savings in revenues resulting from the enactment of this section shall be applied to the currently projected Pell Grant funding shortfall beginning in 2015 and to deficit reduction. (g) Effective date The amendments made by this section shall apply to expenses paid after December 31, 2013, for education furnished in academic periods beginning after such date.

Higher Education and Skills Obtainment Act

Strengthening America's Schools Act of 2013 - Revises and reauthorizes programs under the Elementary and Secondary Education Act of 1965 (ESEA). Title I: College and Career Readiness for All Students - Part A: Improving the Academic Achievement of the Disadvantaged - (Sec. 1111) Revises the school improvement program under part A of title I of the ESEA. Maintains the requirement conditioning a state's receipt of funds under part A on its developing and implementing academic content and achievement standards and assessments that are applicable to all public elementary and secondary schools and school students in the state. Requires states to adopt college and career ready academic: (1) content standards in reading or language arts and mathematics by the end of 2014, and (2) achievement standards in those disciplines by the beginning of the 2015-2016 school year. Requires college and career ready standards to be aligned with: (1) credit-bearing academic coursework at public institutions of higher education (IHEs) in the state, (2) relevant state career and technical education standards and the state performance measures identified in the state plan for career and technical education, and (3) appropriate career skills or state-developed standards that are voluntarily adopted by a significant number of states. Requires the achievement standards to establish the level of performance expected for each grade level that demonstrates that the student has mastered the material in the state academic content standards for that grade level. Requires states to adopt academic content and achievement standards in science by the end of 2014 that are aligned with the knowledge and skills needed to be college and career ready. Requires states to adopt, by the close of 2015, high-quality English language proficiency standards that: (1) identify at least four levels of English proficiency, and (2) are aligned with their academic content standards in reading or language arts so that students can be reliably measured in those disciplines. Requires English learners (currently referred to as limited English proficient students) to be tested against those proficiency standards on an annual basis. Allows states to adopt alternate academic achievement standards and assessments for students with the most significant cognitive disabilities. Requires the decision about which students should be measured against these standards to be made separately for each student in each subject assessed. Prohibits the number of students in a state who are being assessed in each grade level for each subject using the alternate assessment from exceeding 1% of the number of all students in that grade level in the state being assessed in that subject matter. Directs states that use school improvement funds to support early childhood education to establish, or certify the existence of, early learning guidelines for preschool-aged children and early grade standards for children in kindergarten through grade three by the close of 2015. Requires states, by the beginning of the 2015-2016 school year, to adopt and implement statewide assessments that measure student achievement against: (1) the reading or language arts and mathematics standards annually in grades 3 through 8 and at least once during grades 10 through 12; and (2) the science standards at least once in grades 3 through 5, 6 through 9, and 10 through 12; (3) the English language proficiency standards; and (4) any alternate academic achievement standards for students with the most significant cognitive disabilities. Requires the assessments in reading or language arts, mathematics, and science to: (1) measure whether each student is performing at the student's grade level, (2) determine the specific grade level at which each student is performing, and (3) measure each student's academic growth. Allows states to develop and administer computer adaptive assessments for those subjects. Allows the assessments in reading or language arts and mathematics to be administered through a single annual summative assessment or through multiple assessments during an academic year, provided the multiple assessments yield a summative score that reliably measures student academic growth. Requires states to reduce duplicative assessments. Requires each state receiving part A funds to prepare and disseminate an annual report card on the performance of each public elementary and secondary school in the state, each local educational agency (LEA) in the state, and the state as a whole. Requires the report cards to include: (1) specified student information in the aggregate and disaggregated and cross-tabulated by student subgroup, (2) class size information, (3) information on each school's categorization under the state accountability system, (4) school sports information, and (5) information on the number of students using early intervening services. Requires LEAs to issue report cards that contain specified student information disaggregated by student subgroup. Requires LEAs to provide parents with an equity report card for each school that includes: (1) student achievement data, disaggregated by student subgroup; (2) information on the school's funding by source; (3) for each high school, the graduation rate and the rate students enroll in college; (4) information on student participation in educational opportunities at the school; and (5) school climate information. (Sec. 1113) Alters the formula LEAs are to use to: (1) rank the poverty of school attendance areas if school improvement funds are insufficient to serve all areas, and (2) calculate the number of low-income students in secondary schools. Requires LEAs to reserve part A funds to serve homeless and foster care children. Allows reserved funds to be used to provide homeless children and youth with services not ordinarily provided to other children under part A. (Sec. 1114) Amends provisions concerning schoolwide programs (programs that allow LEAs to consolidate school improvement funds to upgrade the entire educational program of schools) to allow the delivery of those programs by external providers that have expertise in using scientifically valid strategies and programs to improve teaching, learning, and schools. Requires schoolwide programs to include reform strategies that provide: (1) a multi-tier system of supports and positive behavioral interventions and supports; and (2) programs, activities, courses, and professional development in the core academic subjects that are targeted toward assisting low-performing or at-risk children in meeting the academic content and achievement standards. (Sec. 1115) Allows targeted assistance programs (programs that direct school improvement funds toward the children in a school who are failing or most at risk of failing) to include: (1) a multi-tier system of supports and positive behavioral interventions and supports; and (2) support for programs, activities, courses, and professional development in the core academic subjects that are targeted toward assisting those children in meeting the academic content and achievement standards. (Sec. 1116) Eliminates the requirement that LEAs and their elementary and secondary schools make adequate yearly progress (AYP) toward state performance standards or be subject to specified improvements, corrective action, or restructuring. Requires, instead, that each state accountability system: establish annual performance targets for the state and its LEAs and elementary and secondary schools that include targets for student proficiency, academic growth, English language proficiency for English learners, and high school graduation rates; use the assessments and high school graduation rates to annually measure and report on the performance of the state's elementary and secondary schools and LEAs; and require the improvement, through supports and interventions that address student needs, of all of the state's public schools that are low-performing or have low-performing subgroups of poor, minority, disabled, and English learner students. Requires state accountability systems to include student performance in reading or language arts and mathematics. Allows states to include other subjects, such as science, for which they have adopted academic content and achievement standards. Requires LEAs to ensure that each school that, after two consecutive years, has not met state performance targets for the same student subgroup develops and implements a locally designed intervention to improve student achievement in that subgroup. Subjects schools to improvement strategies if they are identified as: (1) focus schools due to their having among the largest achievement or graduation gaps among student subgroups in the state; or (2) priority schools due to their status as the lowest achieving schools in the state, high schools with graduation rates below 60%, or focus schools for the six preceding consecutive years. Identifies a school as a focus school, beginning with the 2015-2016 school year, if it is not identified as a priority school and is in the 10% of all: (1) public schools in the state with the greatest achievement gaps among the subgroups of poor, minority, disabled, and English learner students; or (2) public high schools in the state with the greatest graduation rate gaps among those student subgroups. Requires each LEA that serves a focus school to develop and implement a measurable and data-driven correction plan to improve the performance of the school's low-achieving subgroups. Continues a focus school's characterization as a focus school for the three years following its designation as such, unless it meets all of its performance targets or the state determines, after the second year, that it will meet those targets by the end of the following year. Allows states to apply to the Secretary of Education (Secretary) for a waiver of the requirement to identify schools as focus schools if they determine that all of their schools that would be identified as such are performing at a satisfactory level. Identifies a school as a priority school, beginning with the 2015-2016 school year, if it: (1) is in the lowest-achieving 5% of elementary schools in the state, (2) is in the lowest-achieving 5% of secondary schools in the state, (3) is a public high school with a graduation rate of less than 60%, or (4) has been a focus school for the six preceding consecutive years. Allows states to apply to the Secretary for a waiver of the requirement to identify schools as priority schools due to their being within the lowest-achieving 5% of elementary or 5% of secondary schools if they determine that all of those schools are performing at a satisfactory level. Authorizes a state, state law permitting, to take over a school and act as its LEA if the school has been identified as a priority school for the initial three-year identification period and is then re-identified as a priority school for a subsequent three-year period. Requires LEAs receiving part A funds to conduct a data-driven needs analysis of each of their priority schools and use it to select and implement the most appropriate school improvement strategy to improve student performance at each school. Requires LEAs that are implementing any of the school improvement strategies to provide: (1) school staff with ongoing training and performance evaluations; (2) students with instruction and instructional supports that meet their individual needs; and (3) the school with assistance in implementing positive behavioral interventions and supports, other early intervening services, and school based mental-health programs. Identifies the school improvement strategies as: (1) the transformation strategy, (2) the turnaround strategy, (3) the whole school reform strategy, (4) the restart strategy, and (5) the school closure strategy. Includes as part of the transformation strategy: (1) replacing the principal, if the principal has served in that role at the school for more than two years, with a principal that has had more training, experience, or success; (2) requiring instructional and leadership personnel to reapply for their positions; (3) requiring hiring at the school to be done through mutual consent; and (4) implementing schedules and strategies that provide increased learning time. Includes as part of the turnaround strategy: (1) replacing the principal, if the principal has served in that role at the school for more than two years, with a principal that has had more training, experience, or success; (2) screening all teachers in the school and retaining not more than 65% of them; and (3) implementing schedules and strategies the provide increased learning time. Identifies the whole school reform strategy as one undertaken in partnership with an external provider offering a school reform program that is based on at least a moderate level of evidence that it will have a statistically significant effect on student outcomes. Includes as part of the restart strategy: (1) converting the school into a public charter, magnet, or innovative school; (2) allowing students of the former school to enroll in the new school; and (3) using a random lottery system to admit additional students if the new school has more applicants than it can accommodate. Requires LEAs implementing the school closure strategy to enroll students who attended the closed school in higher-performing schools that are within reasonable proximity to the closed school. Allows school improvement funds to be used to support the costs the higher-performing schools incur in meeting the needs of these new students. Allows states, with the Secretary's approval, to establish an alternative state-determined, evidence-based, school improvement strategy to be used by their LEAs, but prohibits funds under title I of the ESEA from being used for school vouchers. Continues a priority school's characterization as a priority school for the three years following its designation as such, unless, after the second year, it has met all of its performance targets or the state determines that it will meet those targets by the end of the following year. Requires LEAs to: (1) implement the restart or school closure strategy for schools that are re-classified as priority schools after their initial classification as such; and (2) allow students at priority schools to transfer to another public school that has not been identified as persistently low-achieving, unless that option is prohibited by state law. (Sec. 1117) Repeals the school support and recognition program (a program that requires states to establish a statewide system of intensive and sustained support and improvement for LEAs and schools to increase the opportunity for students to meet the state's academic content and student academic achievement standards). Requires teachers teaching a core academic subject in a program supported with school improvement funds to be highly qualified and certified to teach that subject area, but makes this requirement applicable only to new teachers if the state has fully implemented a professional growth and improvement system. Allows LEAs that are unable to provide a small, rural, or remote school with a highly-qualified, on-site, classroom teacher for a core academic subject to use distance education provided by a teacher highly qualified in the subject, but only if a teacher highly qualified in another subject is present in the classroom to assist students during the distance education. Excepts teachers of American Indian, Alaska Native, or Native Hawaiian language, culture, or history from the requirement that teachers be highly qualified. Allows states to require a local tribe or tribal organization to verify those teachers' competency. Prohibits a state from requiring a school or LEA to spend a specific amount of funds for professional development activities under part A. (Sec. 1118) Requires LEAs to conduct an annual survey of parents, family members, and school personnel and, on the basis of that survey, develop and implement an annual parent and family engagement plan to support the meaningful engagement of parents and other family members in children's education. Provides that each plan shall establish parent engagement goals for the LEA and its schools and annual quantifiable performance benchmarks for such goals. Requires LEAs to conduct an end-of-the-year survey of parents and school personnel and, on the basis of that survey and their progress in meeting their annual performance benchmarks, revise their parent and family engagement plan as needed. Directs LEAs to: (1) establish a parent advisory board to assist them in developing, revising, and reviewing their parent and family engagement plan; and (2) reserve at least 2% of their part A allocation to assist schools in carrying out activities pursuant to that plan. (Sec. 1120) Conditions an LEA's receipt of part A funds, beginning with the 2015-2016 school year, on the LEA showing its state that combined state and local per-pupil expenditures in each of its schools served under part A are not less than the average combined state and local per-pupil expenditures for each of its schools not served under that program. Requires an LEA that serves all of its schools under part A to show its state that the average combined state and local per-pupil expenditures for its high-poverty schools were not less than those expenditures for its low-poverty schools. Allows LEAs to meet these requirements on an LEA-wide or grade-span by grade-span basis. Requires LEAs to exclude from these calculations state and local funds expended in any school for capital expenditures or the excess costs of providing services to English learners or disabled children. Allows LEAs to satisfy comparability of education expenditure requirements by meeting expenditure requirements enacted by the state or LEA before this Act's enactment, provided those requirements provide the same or a higher standard of comparability than this Act's provisions. (Sec. 1121) Requires LEAs to engage in specified activities with Head Start agencies, special education providers, and, if feasible, other early childhood education providers to ease the transition of children into elementary education. (Sec. 1125) Replaces the school support and recognition program with a blue ribbon schools program that allows each state to annually identify the highest 5% of its schools as blue ribbon schools based on: (1) the percentage of their students who are meeting or exceeding state academic achievement standards in English or language arts and mathematics; (2) in the case of high schools, their graduation rates; (3) the performance of their student subgroups; (4) the percentage of their students who are meeting or exceeding state academic achievement standards or are achieving sufficient academic growth; and (5) school gains. Allows states to provide each blue ribbon school with: (1) increased autonomy over its budget, staffing, and time; (2) flexibility in using funds provided to the school under the ESEA for any purpose allowed under the ESEA; and (3) a monetary award, through its LEA, if it agrees to use the reward to improve student achievement and provide technical assistance to the lowest-achieving schools in the state that are closest geographically to it. Directs the Secretary, acting jointly with the Secretary of Health and Human Services (HHS), to designate exemplary early childhood education programs as centers of excellence in early childhood for a five-year term and award each of them a bonus grant to improve the quality of their program and others in their region. Requires eligible programs to have been nominated by their state Governor as centers of excellence and to serve children who are eligible to participate in the school lunch program. Requires the selection of at least one center of excellence in each state. Requires the centers of excellence to use at least 15% of their bonus grant to disseminate best practices for achieving early academic success to other early childhood education programs in their state and to use the remainder for at least two of the following activities: providing Head Start services to additional eligible young children; extending services to provide full-day, full-week, or full-year care to children; further coordinating early childhood education programs and services and social services in their community; providing instructional and support staff with professional development; developing or maintaining partnerships with institutions of higher education and nonprofit organizations that recruit, train, place, and support postsecondary students to serve as mentors and reading partners to preschool children in centers; carrying out other activities to improve the overall quality of their early childhood education programs; and sharing best practices concerning children's transition to elementary school. Authorizes the Secretary to identify and recognize exemplary schools, programs, and individuals, including through: (1) a Green Ribbon Schools program that recognizes excellence in reducing environmental impact, increasing health and wellness, and providing sustainability education; and (2) an award program recognizing excellence exhibited by classified school employees in the public school system. (Sec. 1126) Directs the Secretary to award grants to states to develop, improve, or administer their college and career ready academic standards and assessments. Directs the Secretary to award competitive grants to states to enhance such assessments by: (1) collaborating with IHEs or other entities, (2) using multiple measures of student achievement from multiple sources, (3) charting student progress over time, or (4) developing comprehensive assessment instruments. (Sec. 1127) Provides that a state is free from all federal requirements under part A if the state chooses to not receive funding under that part. Reauthorizes appropriations under part A of title I of the ESEA for FY2014-FY2018. Part B: Pathways to College - (Sec. 1201) Replaces part B (Student Reading Skills Improvement Grants) of title I with a new part B (Pathways to College). Establishes, under subpart 1 (Improving Secondary Schools) of part B, a program awarding competitive, matching, five-year grants to high-need LEAs that partner with IHEs, employers or industry-related organizations, and nonprofit organizations or qualified intermediaries to assist schools in implementing innovative and effective secondary school reform strategies. Requires grantees to use up to 25% of their grant funds to: implement an early warning indicator system to identify and assist struggling students in their high schools and feeder middle schools; provide support and credit recovery opportunities for struggling secondary school students; establish secondary school dropout recovery or reentry programs; establish grade and school transition programs and supports; and keep school staff, students, and families apprised of certain education requirements, processes, and opportunities. Requires grantees to use at least 75% of their grant funds on certain efforts to: (1) reform secondary schools that have a graduation rate below 75% and are identified as low-performing schools, but not priority schools; and (2) improve the academic performance of students who attend middle schools that feed a majority of their students to those secondary schools. Requires those secondary school reforms to include: personalized learning environments attuned to the needs of each student; student engagement through applied learning opportunities; flexible budget and staffing authority for school leaders; training and collaborative opportunities for school staff; improved curriculum and instruction; activities that strengthen the transition from high school to postsecondary education; and Graduation Promise Academies, Career Academies, dual enrollment programs, or Early College High Schools which represent specified strategies that have proven effective in preparing students for graduation, college, and a career. Establishes a program, under subpart 2 (Accelerated Learning) of part B, allotting grants to states, based on their share of low-income elementary and secondary school students, to cover part or all of the Advanced Placement (AP) or International Baccalaureate (IB) examination fee low-income students incur. Directs the Secretary to award competitive matching grants to states, high-need LEAs, or partnerships between a public or nonprofit organization and a state or high-need LEA for activities that increase: (1) the number of teachers at high-need schools who are qualified to teach AP or IB courses, and (2) the number of students at high-need schools who pass the examination for such courses. Gives priority, in awarding the competitive grants, to applicants that: (1) have a statewide or district-wide strategy for increasing the availability of AP or IB courses, and pre-AP or pre-IB courses, in high-need schools; (2) focus on increasing AP or IB courses in core academic subjects; and (3) target high-need schools. Authorizes appropriations under part B's Pathways to College program for FY2014-FY2018. Part C: Education of Migratory Children - (Sec. 1301) Amends part C (Education of Migratory Children) of title I, which provides grants to states for the education of migratory children. (Sec. 1303) Alters the formula for determining each state's grant by considering, in addition to other factors, the average number of migratory children residing in each state the preceding three years, rather than the number of migratory children who resided in each state the previous year. Requires the Secretary to develop and implement a procedure for monitoring the accuracy of estimates of the number of migratory children residing in each state. (Sec. 1304) Gives program priority to migratory children who have made a move within the year and are failing or at risk of failing or who have dropped out of school. (Sec. 1306) Requires migratory children to be given the opportunity to meet the same college and career readiness standards as other children. (Sec. 1308) Adds international coordination as an authorized use of the grants currently awarded to states, LEAs, IHEs, and other entities for improved intrastate and interstate coordination of migrant education. Allows the Secretary to provide technical assistance to states to support their efforts to meet the needs of migratory children. (Sec. 1309) Requires each state that receives a grant under part C to: (1) annually report to the Secretary and make public certain data regarding the academic achievement of migratory students, and (2) assist the Secretary in determining the number of migratory children in such state through such procedures as the Secretary may require. Requires the Secretary: (1) to evaluate the implementation and impact of the activities supported under part C, and (2) conduct a pilot study on the feasibility of using the National Assessment of Educational Progress for assessing and reporting on the academic achievement of migratory children in grades four and eight in reading and mathematics. Reauthorizes appropriations under part C of title I of the ESEA for FY2014-FY2018. Part D: Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk - (Sec. 1401) Amends part D (Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk) of title I. (Sec. 1402) Requires the Secretary to reserve 0.5% of the amount appropriated for part D in any fiscal year to provide assistance to the Secretary of the Interior to provide educational services for at-risk Indian children, including Indian youth in correctional facilities operated by the Secretary of the Interior or by an Indian tribe. (Sec. 1403) Requires states that desire grants under part D to establish: (1) procedures to ensure that students who have been placed in the juvenile justice system are promptly re-enrolled in secondary school or placed in re-entry programs that best meet their educational and social needs, (2) procedures for facilitating the transfer of credits that such students earned during placement, and (3) opportunities for those students to participate in higher education or career pathways. (Sec. 1404) Allows states to use grant funds for the cost of testing children and youth for a recognized equivalent of a secondary school diploma. (Sec. 1407) Requires the Secretary to evaluate the implementation and impact of the activities supported under part D. (Sec. 1411) Authorizes LEAs to use part D funds on programs for at-risk Indian children and youth in their area. (Sec. 1412) Requires correctional facilities that enter into an agreement with an LEA to provide services to children and youth under part D to: (1) work with the LEA and family members to develop an initial educational services and transition plan for children or youth upon their entry into the correctional facility, and (2) work with the LEA to facilitate the continued achievement of those children and youth upon their discharge from the correctional facility. (Sec. 1413) Requires correctional facilities or institutions for delinquent children and youth to annually report: (1) the number of children and youth they have released who returned or did not return to school, (2) the number who obtained a secondary school diploma or its recognized equivalent, and (3) the number who obtained employment. (Sec. 1414) Requires each state, LEA, and Indian tribe's evaluation of its part D program to assess the program's success in making children and youth college and career ready and able to graduate from high school in a timely manner. (Sec. 1414) Redefines "at-risk" children or youth as school-aged individuals who: (1) are at risk of academic failure; and (2) have a drug or alcohol problem, are pregnant or are parents, have come into contact with the juvenile justice system or have been determined to have been neglected in the past, are gang members, or have dropped out of school in the past. Reauthorizes appropriations under part D of title I of the ESEA for FY2014-FY2018. Part E: Educational Stability of Children in Foster Care - (Sec. 1501) Replaces part E (National Assessment of Subchapter I) of title I with a new part E (Educational Stability of Children in Foster Care). Requires states to develop and implement a plan to ensure that children who move to a new school attendance area due to being placed in foster care, changing their foster care placement, or leaving foster care: (1) enroll or remain in their school of origin and receive transportation to and from that school, unless it is determined to be in their best interest to attend a different school; (2) are immediately enrolled in a school once it is determined to be in their best interest to attend the school, even if they are unable to produce the records normally required for enrollment; and (3) have their school records maintained and available for immediate transfer to their new school. Gives a child who leaves foster care the right to remain in his or her school of origin only for the remainder of the school year. Requires states to ensure that foster children are able to: (1) preserve the credits or partial credits they earned at schools they previously attended, and (2) receive a secondary school diploma from one of the schools at which they were enrolled or through a state-issued secondary school diploma system. Requires LEAs and state educational agencies to each designate an individual to oversee implementation of their part E obligations and serve as a point of contact for the child welfare agencies responsible for foster children. Part F: General Provisions - (Sec. 1601) Eliminates parts F (Comprehensive School Reform), G (Advanced Placement Programs), and H (School Dropout Prevention) of title I of the ESEA. Title II: Supporting Teacher and Principal Excellence - (Sec. 2101) Replaces title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the ESEA with a new title II (Supporting Teacher and Principal Excellence). Redesignates the Ready-to-Learn Television program (under subpart 3 of part D of title II) as the Ready-to-Learn program under part I of title IV of the ESEA. Redesignates subpart 5 (Teacher Liability Protection) of part C of title II as subpart 3 of part E of title IX (General Provisions) of the ESEA. Strikes parts A (Teacher and Principal Training and Recruiting Fund), B (Mathematics and Science Partnerships), C (Innovation for Teacher Quality), and D (Enhancing Education Through Technology) of title II. Establishes a new part A (Continuous Improvement and Support for Teachers and Principals) of title II. Directs the Secretary, under such program, to make formula grants to states and, through them, subgrants to LEAs to increase achievement for all students. Requires LEAs applying for a subgrant to assure their state that they will create, or improve, and implement a professional growth and improvement system by a date identified by the LEA and approved by the state educational agency that shall not be later than the 2015-2016 school year. Requires the LEAs to use their subgrant funds to address the achievement of students in focus schools, priority schools, and schools not meeting their performance targets through the development and provision of professional development to school staff. Allows LEAs to use subgrant funds to implement strategies that lead to increased student achievement for all students, including: developing, implementing, and improving induction or mentoring programs; improving the equitable distribution of teachers within school districts; developing and implementing professional growth and improvement systems; carrying out in-service training for school personnel to recognize troubled children and direct them to appropriate services; increasing the capacity of teachers to evaluate student work and use student achievement data; creating career ladders that enable high-quality teachers or paraprofessionals to advance or take on additional roles and responsibilities; recruiting, preparing, placing, supporting, developing, rewarding, and retaining high-quality teachers and principals in high-need schools and low-performing schools; and reducing class sizes from prekindergarten through grade three. Allocates part A grants to states and, through them, subgrants to LEAs pursuant to formulae that apportion: (1) 35% of the funding to states and 20% of the funding to LEAs based on their share of students aged 5 through 17 on the national and state level, respectively; and (2) 65% of the funding to states and 80% of the funding to LEAs based on their share of low-income students in that age group on the national and state level, respectively. Requires states to use 95% of their part A grant for subgrants to LEAs. Requires states to use 2% to 5% of their grant to: (1) improve the performance and distribution of high quality principals and, at their discretion, other school leaders; and (2) provide technical assistance to LEAs to support the design and implementation of professional growth and improvement systems. Directs the Secretary to: (1) continue research and development activities related to the education of gifted and talented students, (2) support a National Research Center on the Gifted and Talented that conducts research and serves as a national clearinghouse for best practices to improve the identification and education of such students, and (3) administer demonstration grants to programs that build and enhance the ability of elementary and secondary school personnel to support gifted and talented students. Establishes a principal recruitment and training grant program to award renewable, matching grants to states, LEAs or educational service agencies, nonprofit organizations, IHEs, and partnerships of those entities to recruit, prepare, place, and support principals in eligible schools. Defines "eligible schools" as high-need schools, priority schools, focus schools, schools with middle grades that feed students to high schools with low graduation rates, and rural schools served by high-need LEAs. Requires grantees to work with experts and stakeholders to develop, during the first year of a grant, a leadership training program for principals, mentors, and other school leaders that prepares and supports them in leading effective school reform efforts in priority schools. Makes grant renewal decisions dependent on the Secretary's evaluation of the extent to which the principals recruited, prepared, placed, or supported by the grantee have improved school-level student outcomes in eligible schools. Establishes a new part B (Teacher Pathways to the Classroom) of title II. Directs the Secretary to award renewable, matching grants to eligible entities to: recruit, select, prepare, place, retain, and support teachers for high-need schools and high-need subjects or fields; prepare all teachers to teach students with disabilities and English learners; prepare teachers in classroom management, instructional planning and delivery, learning theory and cognitive development, literacy development, and student assessment; provide school-based, clinical experience at a high-need school that includes the observation of, and feedback on, teacher candidates' teaching; and provide ongoing mentoring and support, which may include coursework, for participants for at least one school year. Defines an "eligible entity" as: (1) a partnership of at least one IHE or nonprofit organization and a high-need LEA and at least one other LEA or state educational agency, or (2) an IHE or nonprofit organization experienced in preparing successful teachers and placing them in high-need schools. Requires grantees to track the placement rate, retention rate, and performance in improving student achievement of teachers recruited and prepared by their programs. Permits the Secretary to renew a grant only if that data indicates that the teachers are successful in improving student achievement. Requires the Director of the Institute of Education Sciences to: (1) evaluate the implementation and impact of the part B program; (2) identify best practices for recruiting, selecting, preparing, placing, retaining, and supporting teachers in high-need subjects or fields for high-need schools; and (3) disseminate research on best practices. Establishes a new part C (Teacher Incentive Fund) of title II. Authorizes the Secretary to award competitive renewable grants to states, LEAs, and IHEs or nonprofit organizations that partner with states or LEAs to develop, implement, improve, or expand strategies to increase the number of highly-effective teachers and principals serving in high-need schools.Includes among the acceptable uses of grant funds: (1) paying bonuses and increased salaries to highly effective teachers or principals who work in high-need schools, (2) improving a professional growth and improvement system, (3) reforming the LEA's system of compensating teachers and principals, and (4) developing and implementing a human capital system. Directs the Secretary to give grant priority to applicants that concentrate their proposed activities: (1) on high-need schools designated as priority schools, or (2) in a state or LEA that has developed a professional growth and improvement system. Establishes a new part D of title II, entitled the Achievement Through Technology and Innovation Act of 2013 or the ATTAIN Act. Allots matching funds to states under part D on the basis of each state's share of funds under part A of title I of the ESEA. Requires states to use: (1) 10% of part D funds for specified mandatory activities that include developing college and career ready academic content and achievement standards in technological literacy and assessing and tracking student performance in acquiring technological literacy, and (2) 80% of the remainder for formula subgrants to LEAs to improve teaching and learning through technology and 20% for competitive subgrants to LEAs for systemic education transformation through technology integration. Requires LEAs to: (1) include a new or updated local long-range strategic educational technology plan in their applications, (2) use a specified percentage of each subgrant for teacher training, and (3) use each subgrant to acquire and apply technology to identify individual student learning needs and support personalized learning. Allows LEAs that receive funds for both programs to use all the funds for systemic school redesign through technology integration program activities. Prohibits the use of part D funds to pay for computers or Internet access for schools that do not receive discounted telecommunication rates under the universal service program, unless the school has in place and enforces an Internet safety policy that includes the operation of a technology protection measure that blocks visual depictions that are obscene, child pornography, or harmful to minors. Authorizes appropriations under title II of the ESEA for FY2014-FY2018. Title III: Language and Academic Content Instruction for English Learners and Immigrant Students - (Sec. 3001) Revises title III (Language Instruction for Limited English Proficient and Immigrant Students) of the ESEA and renames it (Language and Academic Content Instruction for English Learners and Immigrant Students). Changes the current references to "limited English proficient students" to "English learners." Amends part A (English Language Acquisition, Language Enhancement, and Academic Achievement Act), which provides funding to states and, through them, subgrants to LEAs to improve the education of English learners. Authorizes Indian tribes and educational entities that carry out programs in schools operated predominately for Native American children to use part A subgrants for Native American language immersion and restoration programs, which may be taught by traditional or tribal leaders. Requires states to establish a performance target for the percentage of English learners they serve who are making progress in achieving English proficiency not more that five years after being identified as English learners. Requires states that fail to meet their performance target for two consecutive years to develop an improvement plan to meet the target. Requires LEAs to: (1) enter into agreements with their state on local English proficiency performance targets, and (2) develop and implement an improvement plan to meet those targets if they fail to meet them for two consecutive years. Directs states to: (1) require an LEA that fails to meet its performance target for three consecutive years to develop and implement a plan to modify its curriculum, program, and method of instruction; and (2) manage an LEA's subgrant funds for the lesser of four years or until its performance target is reached, if the LEA misses its performance target for a fourth consecutive year. Requires states that fail to meet their performance targets for four consecutive years to: (1) modify their plan under part A and instructional methods, and (2) partner their low-performing LEAs with their high-performing LEAs that have met their local performance targets for the previous three years. Revises the professional development grant program for English language instructors to allow IHEs or nonprofit organizations, in consortia with states or LEAs, to use the grants to support: individuals that are completing baccalaureate and masters programs and to improve services and programs for English learners; research on promising instructional strategies or programs; strategies that promote school readiness for English learners; strategies that promote high school graduation for English learners; strategies that strengthen and increase family and community member engagement in education; the development of curricula that are appropriate to the needs of the participating consortium; and the dissemination of information, best practices, and technical assistance. Directs the Secretary to establish an independent commission on the assessment and advancement of English learners, comprised of experts capable of providing the Secretary with advice regarding the educational advancement and development of English learners and their inclusion in state assessment and accountability systems. Requires the Secretary to distribute English language acquisition technology innovation grants for the pursuit of breakthrough research and development in educational technology that benefits English learners. Eliminates the Improving Language Instruction Educational Programs under part B of title III. Authorizes appropriations under title III of the ESEA for FY2014-FY2018. Title IV: Supporting Successful, Well-Rounded Students - (Sec. 4101) Replaces title IV (21st Century Schools) of the ESEA with a new title IV (Supporting Successful, Well-Rounded Students). (Sec. 4102) Replaces part A (Safe and Drug-Free Schools and Communities) of title IV with a new part A (Improving Literacy Instruction and Student Achievement). Authorizes the Secretary, under subpart 1 (Improving Literacy Instruction) of part A, to award planning grants to states to complete comprehensive planning to carry out activities that improve literacy for children from birth through grade 12. Requires grantees to form or designate a state literacy leadership team, composed of individuals having certain literacy expertise, to guide the development and implementation of the comprehensive, statewide literacy plan. Directs the Secretary to award grants to states to implement their comprehensive literacy plans and to award competitive subgrants to: (1) LEAs and early childhood education providers that serve high-need children to support certain early literacy initiatives for children from birth through kindergarten entry; (2) LEAs that serve a high number or proportion of low-income children, children reading or writing below grade level, or priority schools to implement certain literacy initiatives for children in kindergarten through grade 12. Includes among the literacy initiatives: (1) the acquisition and implementation of literacy assessments, (2) efforts targeting students reading and writing below grade level, (3) professional development opportunities for educators, and (4) family literacy services. Requires state grantees to: (1) provide technical assistance to subgrantees, (2) work with the state literacy leadership team and IHEs to include evidence-based literacy methods in preservice courses for students preparing to teach children from birth through grade 12, (3) review and update state licensure or certification standards in literacy instruction, and (4) make information on promising child literacy improvement practices available to the public. Awards the implementation grants to states: (1) on a competitive basis if funds appropriated under subpart 1 of part A fall below $500 million; and (2) otherwise on the basis of each state's share of low-income children under age 18. Requires states to use at least: (1) 10% of the grant funds for state and local activities pertaining to children from birth through kindergarten entry, (2) 30% of the grant funds for state and local activities pertaining to children from kindergarten through grade 5, and (3) 30% of the grant funds for state and local activities pertaining to children from grades 6 through 12. Directs the Secretary to arrange for an independent five-year evaluation of the grant and subgrant programs assisted under subpart 1 and make its findings and the results of additional research on literacy instruction available to literacy providers. Establishes a new program under subpart 2 (Improving Literacy and College and Career Readiness Through Effective School Library Programs) of part A authorizing the Secretary to award competitive three-year grants to certain LEAs to develop and enhance effective school library programs. Makes LEAs or consortia of LEAs eligible for such grants only if: (1) at least 20% of their students are impoverished, or (2) their percentage of impoverished children is in the highest quartile among all LEAs in the state. Defines an "effective school library program" as one that: (1) is staffed by a state sanctioned school librarian; (2) has up-to-date materials and technology, including broadband; (3) includes regular collaboration between teachers and school librarians concerning school reform efforts; and (4) supports the development of digital literacy skills. Redesignates subpart 3 (Gun Possession) of part A of title IV as subpart 1 of a new part G (Miscellaneous Provisions) of title IX (General Provisions) of the ESEA. (Sec. 4103) Moves part B (21st Century Community Learning Centers) to a new part F of title IV of the ESEA. Creates a new part B (Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement). Directs the Secretary, under subpart 1 (Improving STEM Instruction and Student Achievement) of part B, to allot formula grants to states and, through them, award competitive subgrants to high-need LEAs, educational service agencies serving such LEAs, or certain outside partners of those entities to improve preschool and elementary and secondary school science, technology, engineering, and mathematics (STEM) education. Defines those "outside partners" as nonprofit or community based organizations, businesses, IHEs, or educational service agencies that have expertise and a demonstrated record of success in improving STEM learning and engagement. Allots such grants to states pursuant to a formula that takes into account each state's share of elementary and secondary school students and each state's share of such students who are low-income students. Awards the grants to states on a competitive basis if this subpart's funding falls below $500 million. Authorizes the Secretary to award capacity-building grants to states to help them qualify for competitive grants. Requires the grants to be used to: (1) increase the access to STEM courses of students who belong to groups that are underrepresented in STEM fields, (2) implement evidence-based programs of instruction based on high-quality standards and assessments in the STEM subjects, (3) provide professional development and other support systems to STEM educators, and (4) provide technical assistance to subgrantees and other high-need schools and LEAs to improve students' STEM achievement and narrow achievement gaps. Requires the subgrants to be used for activities that include: (1) recruiting, supporting, evaluating, and training STEM teachers; (2) developing and improving high-quality STEM curricula and instructional supports to improve student achievement in those subjects; and (3) integrating STEM instruction with instruction in reading, English language arts, or other academic subjects. Directs states to require subgrantees to obtain a commitment from one or more outside partners to match, from nonfederal funds, at least 15% of the subgrant funds. Directs the Secretary to establish performance metrics and use those metrics to evaluate subpart 1 activities and identify best practices to improve STEM instruction. Directs the Secretary, under subpart 2 (STEM Master Teacher Corps Program) of part B, to award competitive matching grants to consortia of high-need LEAs or states, acting in partnership with IHEs or nonprofit organizations to establish a STEM Master Teacher Corps program. Requires grantees to: select exemplary elementary and secondary school STEM teachers for membership in the STEM Master Teacher Corps; provide those teachers with compensation that supplements their base salaries, with higher compensation going to those teaching at high-need public schools; provide, and track the effectiveness of, research-based training for Corps members; provide discretionary resources for Corps members at high-need schools to use; help coordinate instructional leadership and mentoring roles for Corps members; facilitate efforts by Corps members to inform STEM education policy at the national, state, and local levels; and help defray the costs associated with affording Corps members the time to fulfill their duties. Gives grant priority to applicants that intend to include: (1) large numbers of teachers in the STEM Master Teacher Corps; and (2) rural schools, particularly high-need rural schools, in the area they serve. Requires grantees to ensure that at least 75% of their STEM Master Teacher Corps are teachers at high-need schools. Authorizes the Secretary to award planning grants to such consortia to make plans to establish the STEM Master Teacher Corps program. Directs the Secretary to: (1) establish performance metrics to evaluate the program; (2) identify optimal strategies for designing and advancing the program; and (3) identify best practices for developing, supporting, and retaining STEM teachers based on lessons learned from the program. (Sec. 4104) Redesignates part C (Environmental Tobacco Smoke) of title IV as subpart 2 of the new part G of title IX. Establishes a new part C (Increasing Access to a Well-Rounded Education and Financial Literacy) of title IV. Directs the Secretary, under subpart 1 (Increasing Access to a Well-Rounded Education) of part C, to allot formula grants to states that enter into partnerships with nonprofit organizations, IHEs, LEAs, educational service agencies, or other states to increase the access of low-income students, English learners, and disabled students to high-quality instruction in the arts, civics and government, economics, environmental education, financial literacy, foreign languages, geography, health education, history, music, physical education, or social studies. Requires grantees to do this by: (1) improving the knowledge and skills of teachers through professional growth and improvement systems and other instructional supports; and/or (2) building local capacity to develop and implement high-quality curricula, instructional supports, and assessments in those subjects. Authorizes grantees to award competitive subgrants to high-need LEAs or educational service agencies to engage in such activities. Allots the grants to states pursuant to a formula that takes into account each state's share of elementary and secondary school students and each state's share of such students who are low-income students. Awards the grants on a competitive basis if this subpart's funding falls below $500 million. Directs the Secretary to: (1) establish performance metrics and use those metrics to evaluate subpart 1 activities, and (2) identify best practices to improve such instruction. Authorizes the Secretary, under subpart 2 (Financial Literacy Education) of part C (entitled the Financial Literacy for Students Act), to award matching grants to states to: (1) integrate financial literacy education into each of their public elementary and secondary schools that are eligible for school improvement funds under title I of the ESEA, and (2) train their secondary school financial literacy or entrepreneurship teachers to teach financial literacy in core academic subjects. Prohibits states from using over 20% of their grant funds to train those teachers, develop curricula, and evaluate the impact of financial literacy or personal finance education on students' understanding of financial literacy concepts. (Sec. 4105) Establishes a new part D (Successful, Safe, and Healthy Students) of title IV, under which the Secretary allots formula grants to states to: (1) develop, improve, and implement state reporting and information systems that measure conditions for learning, based on surveys of school students and staff; and (2) award competitive subgrants to LEAs or nonprofit organizations that use such measurement systems to make comprehensive improvements to school-level conditions for learning. Allots such grants to states pursuant to a formula that takes into account each state's share of school improvement funds under part A of title I of the ESEA. Awards the grants on a competitive basis if this part's funding falls below $500 million. Identifies conditions conducive to learning as those that: (1) promote physical activity, education, fitness, and nutrition; (2) promote mental health; (3) prevent violence, harassment, and substance abuse among students; and (4) promote safe and supportive schools and communities. Conditions a state's grant eligibility on its: (1) having a statewide physical education requirement that is consistent with widely recognized standards; and (2) requiring its LEAs to establish policies that prevent and prohibit harassment in schools, notify students, parents, and educational professionals of prohibited conduct each year, and provide students and parents with grievance procedures that target such conduct. Requires each state to ensure that of the aggregate subgrant funds they award under this program: (1) at least 20% are used for drug and violence prevention; (2) at least 20% are used to promote mental health; and (3) at least 20% are used to promote physical activity, education, fitness, and nutrition. Directs the Secretary to: (1) establish performance metrics and use those metrics to evaluate part D activities; and (2) provide technical assistance to program applicants, grantees, and subgrantees. Authorizes the Secretary to award grants to LEAs to fund certain actions they deem necessary to improve the learning environment at a school that has experienced a violent or traumatic crisis on campus. Requires LEAs to use such grants to: (1) acquire real property; (2) construct new facilities; or (3) renovate, repair, or alter existing facilities for an elementary and secondary school that has experienced such a crisis. Prohibits the grant from covering more than 50% of an LEA's cost in taking such actions. (Sec. 4106) Establishes a new part E of title IV, entitled the Student Non-Discrimination Act of 2013. Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. Considers harassment to be a form of discrimination. Prohibits retaliation against anyone for opposing conduct made unlawful under this part. Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them. Allows aggrieved individuals to assert a violation of this part in a judicial proceeding and recover reasonable attorney's fees should they prevail. Authorizes the Attorney General to institute a civil action in any appropriate U.S. district court for a violation of this Act. Deems an educational agency's or state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this part regarding such program. (Sec. 4107) Revises the 21st Century Community Learning Centers program, which this Act moves from part B of title IV to a new part F of title IV of the ESEA. (Currently, that program awards formula grants to states and, through them, competitive subgrants to LEAs, community-based organizations, and other public or private entities to carry out a broad array of before- and after-school activities that advance student academic achievement.) Includes before- and after-school, summer learning, and expanded learning time activities in the program. Requires the subgrants to be awarded to partnerships composed of high-need LEAs and public entities or nonprofit organizations experienced in designing and implementing before-school, after-school, summer learning, or expanded learning time activities. Eliminates the requirement that the subgrants serve students who primarily attend schools that serve a high percentage of low-income students or schools eligible for participation in Schoolwide programs under part A of title I of the ESEA. (Schoolwide programs allow LEAs to consolidate school improvement funds to upgrade the entire educational program of schools that serve a high proportion of low-income families.) Requires, instead, that the subgrants serve students who primarily attend high-need schools and schools that are identified as focus or priority schools. Allows the subgrant to be provided for a period of up to three years and, if the subgrantee meets certain performance standards established by the state, renewed for an additional two-year period. Requires states to give priority to subgrant applications that: (1) are based on strong research evidence for improving student learning, (2) propose to serve the highest percentage of low-income students, (3) include specified partnership commitments, and (4) are submitted by entities that will provide matching funds. (Sec. 4108) Establishes a new part G of title IV, entitled the Promise Neighborhoods Act of 2013. Directs the Secretary, under new subpart 1 (Promise Neighborhood Partnership Grants), to award renewable, competitive, matching grants to nonprofit organizations to implement a comprehensive continuum of coordinated services and supports that engage community partners in improving the academic achievement, health and social development, and college and career readiness of children who live in distressed neighborhoods with schools identified as focus or priority schools. Directs the Secretary, under new subpart 2 (Promise School Grants), to award renewable, competitive, matching grants to high-need LEAs that partner with nonprofit organizations or IHEs, and to Indian schools that partner with nonprofit organizations or IHEs, to implement school-centered strategies and integrated student supports that leverage community partnerships to improve student achievement and development in schools with high concentrations of low-income children. Gives priority to applicants that propose to: (1) include significant investments in high-quality early learning programs, and (2) give schools the operational flexibility to carry out grant activities. Requires part G grantees to evaluate their programs continuously and improve them based on data and outcomes. Directs the Secretary to use certain performance metrics to determine the eligibility of part G grantees for continued funding and renewal of their grant. Directs the Secretary to evaluate this part's grant programs and disseminate research on best practices for improving the academic and developmental outcomes of children living in our most distressed communities. (Sec. 4109) Establishes a new part H (Parent and Family Information and Resource Centers) of title IV. Authorizes the Secretary to award competitive, matching, five-year grants to nonprofit organizations or consortia consisting of a nonprofit organization and a state or LEA to operate state parent and family information and resource centers. Requires those centers to: assist the state in identifying, implementing, and replicating effective parent, family, and community engagement strategies; provide technical assistance, training, information, and support regarding parent and family engagement to high-need schools, schools that are served by high-need LEAs, and early care and education providers that primarily serve low-income parents and families; and strengthen partnerships among parents, family members, community-based organizations, early care and education providers, schools, LEAs, employers, and other appropriate community members to improve student achievement and support positive child development. Requires grantees to: (1) be governed by a board of directors, at least 50% of which is composed of members who are community stakeholders or parents or family members of school-age children in the state, (2) use at least 60% of their grant funds to support parent and family engagement in high-need local educational areas, and (3) reserve at least 30% of their grant funds to support parent and family engagement of low-income parents and family members whose children attend early childhood education programs. Requires at least one grant to be awarded to an eligible entity in each state. Requires each grantee to establish annual performance goals for its centers. Terminates a grantee's funding if its center fails to meet those performance goals for two consecutive years. Prohibits: (1) any individual from being required to participate in any parent or family education program or any developmental screening program under part H, and (2) a program or center assisted under part H from infringing on a parent's right to direct his or her child's education. Transfers the Ready-to-Learn Television program, currently under subpart 3 of part D of title II, to a new part I (Ready-to-Learn) of title IV of the ESEA. (Sec. 4110) Transfers subpart 1 (Fund for the Improvement of Education) of part D of title V of the ESEA to a new part J (Programs of National Significance) of title IV of the ESEA. Requires part J funds to support nationally significant programs that help all children meet the college and career ready academic content and achievement standards required by this Act. Directs program grants to states or LEAs, IHEs, and other public and nonprofit entities. Allows nonprofit entities to use part J funds for: civic learning; a national principal and teacher certification process; a national corps of outstanding college graduates to teach in underserved communities; a national network of providers of effective professional development in writing instruction; certain efforts to encourage low-income children to read and caregivers to read to their children; programs to engage and support students who are recent immigrants or whose formal education has been interrupted and their families; researching and promoting the use of instructional technology and strategies to drastically accelerate language acquisition by English learners and assist them in accessing rigorous academic content; programs that encourage the disabled, children, youth, and educators to become involved in the performing and visual arts; efforts to enhance the ability of educators to meet the special educational needs of gifted and talented students in high-poverty schools; programs to engage and support students who experience homelessness or are at risk of homelessness and their families; the provision of social, emotional, and academic support to students from military families and their families; financial literacy education for low-income students; the promotion of gender equity in education; and other high-quality, nationally significant programs that improve elementary and secondary education. (Sec. 4111) Establishes a new part K (Competency-Based Assessment and Accountability Demonstration Authority) of title IV, which authorizes the Secretary to provide states with the authority to incorporate competency-based targets for student learning in their title I accountability systems. Authorizes the Secretary to provide states with that authority for a three-year period and renew that authority for additional two-year periods if they demonstrate student progress on state academic assessments and graduation rates. Limits the availability of this authority to three states or consortia of states during the initial three-years of the program. Defines "competency," for purposes of part K, as a target for student learning representing key content-specific concepts and higher order skills, such as critical thinking, problem solving, and self-directed learning, that is applied within or across content domains and is aligned with college and career ready standards. Directs the Secretary to disseminate best practices on the implementation of competency-based accountability systems. Authorizes appropriations under title IV of the ESEA for FY2014-FY2018. Title V: Promoting Innovation - (Sec. 5001) Replaces title V (Promoting Informed Parental Choice and Innovative Programs) of the ESEA with a new title V (Promoting Innovation). Part A: Race to the Top - (Sec. 5101) Creates a new part A (Race to the Top) of title V that awards grants to states and high-need LEAs to carry out one or more educational goals selected by the Secretary. Lists those goals as: increasing the access of low-income children to highly-rated teachers and school leaders; enhancing the availability and use of high-quality, timely data to improve education; implementing academic standards that prepare students to be college and career ready and strategies that translate those standards into classroom practice; turning around focus or priority schools; creating successful conditions for the creation, expansion, and replication of high-performing public charter schools and the creation of new, innovative, and highly autonomous public schools that will enroll a large percentage of students from low-income families; providing more equitable state and local resources to high-poverty schools; and improving school readiness by increasing the enrollment of low-income children in high-quality early childhood education programs and strengthening the coordination of those programs and services on the federal, state, and local level. Gives grant priority to: (1) high-need LEAs that serve schools in remote towns or rural areas; and (2) high-need LEAs and states that provide a full-day kindergarten program to all kindergarten students or all low-income kindergarten students, if the grant goal is to improve childhood education. Requires each grantee to: (1) have a comprehensive and coherent plan for achieving the goals selected by the Secretary; and (2) establish annual performance measures and targets, approved by the Secretary, to track its progress in implementing the plan and to determine its eligibility for continued grant funding. Requires each state grantee, other than those using the grant to improve childhood education, to use at least 50% of its grant for subgrants to LEAs that participate in its plan. Part B: Investing in Innovation - (Sec. 5201) Creates a new part B (Investing in Innovation) of title V. Allows the Secretary to reserve up to 30%, but no more than $100 million, of the funds appropriated each fiscal year for the Programs of National Significance, under part J of title IV of the ESEA, to carry out the activities of the Advanced Research Projects Agency-Education (ARPA-ED) (established by section 11021 of this Act) under the Department of Education Organization Act. Directs the Secretary to award renewable, competitive grants to LEAs, or to partnerships between nonprofit organizations or educational service agencies and LEAs or consortia of public schools, to support the school innovation efforts of public schools and LEAs. Requires at least 22% of the grant funds to be awarded for projects in rural areas. Gives priority to applicants that propose to address the needs of high-need LEAs, improve school readiness, or address the unique needs of students who are disabled or English learners. Requires each grant applicant to demonstrate that it has partnered with at least one public or private organization that will provide matching funds. Allows the Secretary to waive the matching funds requirement upon a showing of exceptional circumstances. Requires each grant to be used to carry out at least one of the following activities: improving the effectiveness of teachers and school leaders and increasing the equity in the distribution of effective teachers and leaders; strengthening the use of data to improve education; providing high-quality instruction that is based on college and career ready standards and measuring students' mastery of standards using high-quality assessments that are aligned to those standards; turning around the lowest-performing schools; improving the school readiness of students who are low-income students, English learners, or disabled; and any other area of school improvement the Secretary determines to be consistent with this part's purposes. Directs the Secretary to establish performance measures for part B programs and activities that, at a minimum, track each grantee's progress in improving outcomes for specified student subgroups served by the grantee. Requires grantees to use grant funds to develop or expand strategies to improve high-need students' showing on those performance measures. Part C: Magnet Schools Assistance - (Sec. 5301) Revises part C (Magnet Schools Assistance) of title V, which provides grants to LEAs to establish and operate magnet schools under a court-ordered desegregation plan or voluntary desegregation plan approved by the Secretary. (Sec. 5302) Requires such grants to be competitive grants. (Sec. 5304) Gives grant priority to applicants that: (1) have the highest quality applications or demonstrate the greatest need for assistance; (2) propose to carry out new magnet school programs or substantially revise or expand existing programs; (3) select, or propose to select, students solely or primarily by lottery; and (4) propose to serve the entire population of a school. (Sec. 5305) Adds as authorized uses of grant funds: (1) compensating highly-rated school teachers, leaders, and other instructional staff; (2) forming partnerships with public or nonprofit organizations to enhance a program or promote parent and family decision making and engagement; and (3) covering operational costs that cannot be met with state or local funds. (Sec. 5306) Allows a grant to be renewed for an additional two years (after the initial period of up to three years) if the Secretary finds that the grantee is improving student academic achievement and reducing minority group isolation. Part D: Public Charter Schools - (Sec. 5401) Replaces the existing Public Charter Schools program under part B of title V with a new Public Charter Schools program under part D of title V. Establishes under part D: (1) a subpart 1 (Successful Charter Schools Program), to which 85% of this part's funding is devoted; and (2) a subpart 2 (Charter School Facility Acquisition, Construction, and Renovation), to which 15% of this part's funding is devoted. Defines a "charter school" as a public school that: (1) is governed by a separate and independent board that exercises authority over at least one school; and (2) has significant autonomy in the areas of staffing, budget, schedule, and instructional programs. Directs the Secretary, under subpart 1, to award competitive grants to states, LEAs, charter school authorizers, or charter management organizations to award subgrants to developers to create, expand, or replicate high-performing charter schools. Defines "high-performing charter schools" as those that have for the student body and each specified student subgroup: (1) academic achievement and growth results that are significantly higher than the average results in demographically similar schools in the state; (2) student retention rates that are similar to or higher than the average rates in demographically similar schools in the state; and (3) for high schools, higher rates of graduation and student enrollment and persistence at IHEs than the average such rates in demographically similar schools in the state. Requires charter schools that are not yet open to have a written performance contract with a charter school authorizer that includes such goals. Directs the Secretary to award at least 25% of the grant funds to states and to give priority to states that: (1) do not prohibit or effectively inhibit increasing the number of high-performing charter schools in such state; (2) support at least two charter school authorizers, at least one of which is a statewide authorizer; and (3) ensure that charter schools are reauthorized or have their charter renewed at least once every five years. Sets the initial term of a grant at no more than three years, but allows the Secretary to renew a grant for an additional two years if the grantee is achieving grant objectives and performance targets. Permits the Secretary to waive certain statutory or regulatory requirements if the waiver is requested by a grant applicant and promotes the purpose of the grant program without affecting what is definitionally required of charter schools. Requires grantees to provide equitable access to, and effectively serve the needs of, all students, including disabled children and English learners. Gives grant priority to applicants, and subgrant priority to developers, that propose to create, expand, or replicate high-performing charter schools that enroll a large percentage of students from low-income families. Requires each grantee to establish performance measures and annual targets, approved by the Secretary, for the charter schools created, expanded, or replicated with funds under subpart 1. Authorizes the Secretary to reserve up to 5% of subpart 1 funding to carry out national research, development, data collection, technical assistance, outreach, and dissemination activities regarding charter schools. Directs the Secretary to use 65% of subpart 2 (Charter School Facility Acquisition, Construction, and Renovation) funds for competitive grants to states, LEAs, nonprofit organizations, and state financing authorities to demonstrate innovative credit enhancement methods that give high-performing charter schools access to private sector capital to acquire, construct, and renovate their facilities. (The current program awards all subpart 2 funds to public and private nonprofit entities to demonstrate innovative means of enhancing credit to finance the acquisition, construction, or renovation of charter schools.) Requires the Secretary to use the remainder of the subpart 2 funds to award competitive grants to: (1) those entities to improve access to facilities and facilities financing for high-performing charter schools through such methods as leveraging state and local facilities funds or implementing open-facilities-access programs; and (2) states to establish, enhance, and administer per-pupil facilities aid programs (which provide annual state funding to charter schools on a per-pupil basis) through federal payments that are scaled down after each year of assistance. Allows state grantees to partner with another entity or entities that cover up to 50% of the state's share of the per-pupil facilities aid program. Part E: Voluntary Public School Choice - (Sec. 5501) Revises subpart 3 (Voluntary Public School Choice Programs) of part B of title V and moves it to part E of title V. Directs the Secretary to award competitive grants to high-need LEAs that partner with other LEAs and states that partner with high-need LEAs to establish or expand inter- or intra-district public school choice programs that enable students attending focus or priority schools to attend high-quality public schools, including charter schools. Sets the initial term of a grant at no more than three years, but allows the Secretary to renew a grant for an additional two years if the grantee is achieving grant objectives. Gives priority to grant applicants that propose to establish or expand: (1) an inter-district choice program that serves a large percentage of students from low-income families, and (2) a program that will increase diversity. Requires grantees to: (1) disseminate timely and accurate information about their school choice program to the parents of students attending achievement gap or persistently low-achieving schools; (2) select students to participate in the program on the basis of a lottery, if more students apply to participate in the program than can be accommodated; and (3) establish performance measures and targets that are approved by the Secretary. Directs the Secretary to evaluate the implementation and impact of the activities supported under part E. Part F: College Information Demonstration Program - (Sec. 5601) Creates a new part F (College Information Demonstration Program) of title V that requires the Secretary to develop a packet of postsecondary education information that: (1) informs secondary school students about the net price of IHEs and available financial aid, and (2) gives them guidance on how to apply to IHEs and seek financial assistance. Requires the Secretary, to the extent possible, to customize that information based on students' geographical location and family income. Gives priority for demonstration program participation to high-need schools that have little or no access to postsecondary education counseling services. Directs the Secretary to evaluate, and report to Congress on, the effectiveness of the demonstration program in increasing the likelihood that students will apply to an IHE, apply for financial aid, enroll in an IHE, and receive financial aid. Authorizes appropriations under title V of the ESEA for FY2014-FY2018. Title VI: Promoting Flexibility; Rural Education - (Sec. 6101) Redesignates title VI (Flexibility and Accountability) of the ESEA as title VI (Promoting Flexibility; Rural Education). Replaces part A (Improving Academic Achievement) of title VI with a new part A (Transferability) that allows states to transfer up to 100% of the funds they are allotted for state-level activities by an ESEA formula grant to other state formula grant programs under the ESEA. Allows LEAs to transfer up to 100% of the funds they are allotted for local-level activities by an ESEA formula grant to other LEA formula grant programs under the ESEA. Allows rural LEAs to transfer up to 100% of the funds they are allotted for local-level activities by an ESEA formula grant to: (1) other LEA formula grant programs under the ESEA, or (2) carry out activities under formula grant programs for states. Prohibits states from transferring any funds that originate in titles I or III, and prohibits LEAs from transferring any funds that originate in title I, III, VII (part A), or VIII, out of each respective title. (Sec. 6102) Amends part B (Rural Education Initiatives) of title VI of the ESEA. Amends the small, rural school achievement (SRSA) program, under subpart 1 of part B, to strike LEA funding flexibility provisions that are superseded by those in part A of title VI. Increases the minimum and maximum amount of SRSA program funds a rural LEA may receive if appropriations under part B exceed a specified amount. Updates the locale codes used in determining LEA eligibility for SRSA program funds and funds under the Rural and Low-Income School (RLIS) program, under subpart 2 of part B, as rural LEAs. Allows LEAs to use RLIS program funds on local-level activities. Gives LEAs that qualify for funding under both the SRSA and RLIS programs the option to choose the program for which they would prefer to receive funding. Authorizes appropriations under title VI of the ESEA for FY2014-FY2018. Title VII: Indian, Native Hawaiian, and Alaska Native Education - Part A: Indian Education - Subpart 1: Formula Grants to Local Educational Agencies - (Sec. 7101) Amends title VII (Indian, Native Hawaiian, and Alaska Native Education) of the ESEA to restate the purposes of such title to include providing support to ensure the academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational needs. (Sec. 7111) Amends subpart 1 (Formula Grants to Local Educational Agencies) of part A (Indian Education) of title VII to allow Indian tribes and Indian organizations to receive such grants if an eligible LEA fails to establish a committee of tribal representatives, Indian students and their family members, and teachers to participate in the development of an Indian education program. Allows Indian community-based organizations to apply for such grants if those entities do not. Allows eligible LEAs, Indian tribes, and Indian organizations to form consortia with other eligible LEAs, Indian tribes, and Indian organizations to apply for the formula grants and operate the grant programs. Increases the minimum amount of such grant. (Sec. 7115) Adds to the list of grant uses: (1) support for Native American language immersion and restoration programs, which may be taught by traditional leaders; (2) education to prevent violence, suicide, and substance abuse; (3) the incorporation of culturally and linguistically relevant curriculum content into classroom instruction that is responsive to the unique learning styles of Indian and Alaska Native children; and (4) dropout prevention strategies and strategies that meet the needs of at-risk Indian students in correctional facilities and those transitioning out of those facilities into schools. Prohibits the use of the grant funds for long-distance travel for training that is available locally or regionally. (Sec. 7116) Directs the Secretary, when reporting to Congress on demonstration projects that allow subpart 1 grantees to integrate education and related services to Indians, to identify those integrative practices that are best at improving academic outcomes for Indian and Alaska Native students. (Sec. 7117) Requires the Secretary to provide technical assistance, upon request, to grantees to support subpart 1 services and activities. Subpart 2: Special Programs and Projects to Improve Educational Opportunities for Indian Children and Youth - (Sec. 7121) Amends subpart 2 (Special Programs and Projects to Improve Educational Opportunities for Indian Children and Youth) of part A of title VII to revise the program awarding grants to states, LEAs, and Indian entities and schools for the improvement of educational opportunities for Indian children and youth. (Sec. 7122) Allows the Secretary to award such grants for up to three years and renew them for two additional years. (Currently, they may be awarded for up to five years but must be shown to be effective within one year to be continued.) Allows the use of program grants for high-quality early childhood education programs that are effective in preparing young children to achieve sufficient academic growth by the end of grade three. (Sec. 7123) Amends the program awarding grants to IHEs, states or LEAs in consortia with IHEs, and Indian entities and schools for the professional development of teachers and education professionals to require grant applicants to describe how they will: (1) recruit qualified Indians to become teachers and principals; (2) use the grant funds to support the recruitment, preparation, and training of Indian teachers or principals in LEAs that serve a high proportion of Indian students; and (3) assist program participants in meeting their service obligations. Allows the Secretary to award such grants for up to three years and renew them for two additional years. (Currently, they may be awarded for up to five years.) Subpart 3: National Activities - (Sec. 7131) Preserves the national research activities under subpart 3 (National Activities) of part A of title VII, but strikes: (1) the in-service training for teachers of Indian children program, (2) the fellowships for Indian students program, (3) the gifted and talented Indian students program, (4) the grants to tribes for education administrative planning and development program, and (5) the improvement of educational opportunities for adult Indians program. Establishes a new program requiring the Secretary to award grants to states, LEAs, and Indian entities for: (1) Native American language programs, and (2) Native American language restoration programs. Directs the Secretary to conduct a study to improve the collaboration between states and LEAs, other relevant state and local agencies, and Indian tribes in the provision of services to Indian students. Subpart 4: Federal Administration - (Sec. 7141) Directs the National Advisory Council on Indian Education to advise the Secretary and the Secretary of the Interior concerning the funding and administration of any program under their jurisdiction that includes as participants, or that may benefit, Indian children or adults. (Currently, the Council is only required to advise the Secretary.) Subpart 5: Definitions; Authorization of Appropriations - (Sec. 7151) Defines "traditional leaders" as Native Americans who have special expertise in Native American culture and languages. Requires their incorporation into activities that support the unique cultural and educational needs of Indian children under subparts 1 and 2. Authorizes appropriations under part A for FY2014-FY2018. Part B: Native Hawaiian Education; Alaska Native Education - (Sec. 7201) Places the Native Hawaiian Education program in a subpart 1 of part B of title VII. Moves the Alaska Native Education program from part C of title VII to a subpart 2 of part B of title VII. Subpart 1: Native Hawaiian Education - (Sec. 7202) Revises the Native Hawaiian Education program. (Sec. 7204) Requires the Native Hawaiian Education Council to be composed of 15 members who: (1) are from certain educational, governmental, Trust, and grant-making entities; and (2) demonstrate at least five years of experience as consumers or providers of Native Hawaiian education or cultural activities. Sets the term of the federal grant to the Council at five years. Directs the Council to: provide technical assistance to Native Hawaiian organizations that apply for or receive Native Hawaiian Education program grants; assess and define the educational needs of Native Hawaiians; assess the programs and services available to address those needs; gather information regarding, and evaluate the effectiveness of, the grant programs under subpart 1; provide direction and guidance to appropriate federal, state, and local agencies to improve the use of resources relating to Native Hawaiian student education; and hire an executive director to enable the Council to carry out these activities. Requires the Council to hold at least one community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai regarding subpart 1 grants and other Native Hawaiian education issues. Eliminates the requirement that the Council meet at least four times each year with an island council composed of parents, students, and other Native Hawaiian education stakeholders. (Sec. 7205) Includes charter schools as eligible recipients of Native Hawaiian Education program grants, in addition to Native Hawaiian education organizations, Native Hawaiian community-based organizations, and public and private nonprofit entities. Gives grant priority to programs that: (1) meet the educational priorities recommended by the Council; (2) meet the unique cultural and linguistic needs of Native Hawaiian students in order to help them meet the college and career ready state academic content and achievement standards; and (3) involve states, LEAs, or IHEs in partnerships or consortia. Includes workforce preparation and training for Native Hawaiian youth among the approved uses of grant funds. Requires the Secretary to use subpart 1 funds to support: the development of a body of Native Hawaiian law; the repair and renovation of public schools that serve high concentrations of Native Hawaiian students; informal education programs that present traditional Hawaiian knowledge, science, astronomy, and environmental education through state museums or learning centers; public charter schools serving high concentrations of Native Hawaiian students; and the perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. Authorizes appropriations under subpart 1 for FY2014-FY2018. Subpart 2: Alaska Native Education - (Sec. 7301) Revises the Alaska Native Educational Equity, Support, and Assistance Act under subpart 2 of part B. (The Act provides grants to Alaska Native organizations and educational, cultural, and community-based entities experienced in developing or operating Alaska Native programs.) Makes the following entities eligible for Alaska Native education grants only if they are partnered with an Alaska Native organization: (1) states, (2) LEAs, (3) educational entities with experience in developing or operating Alaska Native educational programs or instructional programs conducted in Alaska Native languages, and (4) cultural and community-based organizations with experience in developing or operating Alaska Native education programs. Requires grant recipients to: (1) develop and implement plans, methods, and strategies to improve the education of Alaska Natives; and (2) collect data to assist in the evaluation of Alaska Native education programs. Revises the list of activities for which Alaska Native Education grants may be used to: eliminate the designation of specific organizations to conduct the cultural education and exchange programs; include both students and teachers in that exchange program, which is designed to facilitate cultural relationships between urban and rural Alaskans; include education programs for at-risk urban Alaska Native students in kindergarten through grade 12 that are operated by tribes or tribal organizations; include statewide programs providing technical assistance and support to schools and communities to engage adults in promoting the education and well-being of Alaska Native people; and include regional leadership academies to promote Alaska Native students' efforts to pursue and successfully complete higher education or career training. Directs the Secretary to award the grants using a point system that gives at least 15% of the total points to applications from Alaska Native organizations. Requires those organizations to have a meaningful role in the development, implementation, and evaluation of the grant programs. Authorizes appropriations under subpart 2 for FY2014-FY2019. Title VIII: Impact Aid - (Sec. 8002) Amends title VIII (Impact Aid) of the ESEA to alter methods used and considerations made in determining whether LEAs are eligible for Impact Aid payments. (The Impact Aid program compensates LEAs for the financial burden of federal activities affecting their school districts.) Allows certain LEAs formed by the consolidation of two or more former school districts to have their eligibility for Impact Aid payments due to federal ownership of property within their jurisdiction determined on the basis of one or more of those former school districts if at least one of those school districts was eligible for such payments for the fiscal year preceding that consolidation. Allows the Secretary to use original records or other records that the Secretary determines to be appropriate and reliable to determine the assessed value of federal property within an LEA. (Sec. 8003) Alters the formula for determining the payments due LEAs for eligible federally-connected children. Includes in average daily attendance not only children but also those enrolled pursuant to a state open enrollment policy. Considers children who have a parent who is on active duty and who are residing in leased off-based property to be federally-connected children if that property is: (1) within the fenced security perimeter of the military facility; or (2) is attached to, and under any type of force protection agreement with, the military installation where the housing is situated. Alters requirements for LEAs to qualify for Impact Aid payments as heavily impacted LEAs, which are those that serve high percentages of military, Native American, or other federally-connected children. Continues a heavily impacted LEA's eligibility for such payments while activities associated with military base closures and realignments or force structure changes or relocations are ongoing. Allows the calculation of Impact Aid payments using current student counts instead of prior fiscal year data when LEAs experience a specified influx of new federally-connected students due to federal activities or the closure of an LEA that was receiving Impact Aid due to federally-connected children. (Sec. 8004) Provides Impact Aid construction payment eligibility to heavily impacted LEAs that are receiving basic support payments for federally-connected students but not the support payments available to heavily impacted LEAs. (Sec. 8007) Includes the Coast Guard in the definition of "Armed Forces" for purposes of the Impact Aid program. (Sec. 8009) Considers: (1) five specified Illinois school districts to be LEAs for purposes of the Impact Aid program, and (2) federally-connected students in such districts to be attending schools in North Chicago Community Unit School District 187 for the purpose of making that District eligible for Impact Aid. Conditions such treatment on the agreement of the five school districts to apportion such assistance equitably among all five of them and to use it only for direct educational services. (Sec. 8010) Amends the Impact Aid Improvement Act of 2012, under the National Defense Authorization Act for Fiscal Year 2013, to make permanent the amendments that Act made to the Impact Aid program that: require the valuation of the federal property located within the boundaries of an LEA by calculating the valuation, for property tax purposes, of all property within the LEA's boundaries and then multiplying that value by the proportion of that property that is federal property; alter the formula for determining the foundation payments due LEAs for federal ownership of property when appropriations for a fiscal year are insufficient to provide them with full compensation; alter the formula for determining the payments due LEAs for eligible federally-connected children who are displaced from federal property or Indian lands due to housing renovation or rebuilding; and direct the Secretary to complete Impact Aid payments to eligible LEAs within three fiscal years of their appropriation. Authorizes appropriations for the Impact Aid program for FY2014-FY2018. Title IX: General Provisions - (Sec. 9101) Amends title IX (General Provisions) of the ESEA to establish additional definitions for terms that are applicable throughout the ESEA. Defines an "advanced placement or international baccalaureate course" as: (1) postsecondary-level instruction provided to middle or secondary school students that terminates in an AP or IB examination; or (2) another highly-rigorous, evidence-based, postsecondary preparatory program terminating in an examination or courses that are widely accepted for credit at IHEs or another such examination approved by the Secretary. Defines "high-need LEAs" as LEAs: (1) that serve at least 10,000 children from families below the poverty line; (2) at least 20% of whose children are from from families with incomes below the poverty line; or (3) that are in the highest quartile of LEAs in the state, based on student poverty. Defines "high-need schools" as: (1) elementary or middle schools in which at least 50% of the enrolled students are children from low-income families; or (2) high schools in which at least 40% of the enrolled students are children from low-income families, which percentage may be calculated using comparable data from feeder schools. Renames "pupil services personnel" and "pupil services" as "specialized instructional support personnel" and "specialized instructional support services," respectively. Includes school nurses as specialized instructional support personnel. (Sec. 9102) Allows students who are threatened by, or the victim of, a criminal offense at their public school to attend a safe public school within the LEA's jurisdiction. (Currently, this unsafe school choice option is available only to students attending schools identified as persistently dangerous or those who become victims of a criminal offense at their public school.) (Sec. 9103) Requires the Secretary to ensure geographic diversity when awarding competitive grants under the ESEA. (Sec. 9104) Authorizes the Secretary to reserve for evaluation activities not less than 1% and not more than 3% of the amount appropriated to carry out each categorical program and demonstration project authorized by the ESEA, but requires the Secretary to reserve 1% of the funds appropriated to carry out title I for such activities. Title X: Commission on Effective Regulation and Assessment Systems for Public Schools - Commission on Effective Regulation and Assessment Systems for Public Schools Act - (Sec. 10013) Establishes, under a new title X of the ESEA, a Commission on Effective Regulation and Assessment Systems for Public Schools to: (1) examine federal, state, and local regulatory requirements for elementary and secondary education; (2) make recommendations on how to align and improve those regulations; (3) examine the quality and purpose of current federal, state, and local assessment requirements; and (4) make recommendations to improve and align assessment systems to provide meaningful information and improve student achievement, teacher performance, and innovation. Requires the Commission to be composed of specified governmental and educational occupations. Title XI: Amendments to Other Laws; Miscellaneous Provisions - Part A: Amendments to Other Laws - Subpart 1: Mckinney-Vento Homeless Assistance Act - McKinney-Vento Homeless Education Reauthorization Act of 2013 - (Sec. 11012) Amends the program under subtitle B (Education for Homeless Children and Youth) of the McKinney-Vento Homeless Assistance Act that awards grants to states and, through them, subgrants to LEAs for the education of homeless youth, including to: alter the formula used in determining the minimum allotment to each state; require each state to use at least 75% of its grant for subgrants to LEAs, even if it only receives its minimum allotment; focus on the identification of homeless youth; eliminate an exception to the prohibition on grant recipients segregating homeless youth in a separate school or program within a school that allowed certain separate schools already in existence to continue operating; require homeless youth to be given the opportunity to meet the same college and career ready achievement standards to which other students are held; ensure that homeless youth receive credit for full or partial coursework satisfactorily completed while attending prior schools or while attending a new school; require states and LEAs to provide homeless youth the same access to academic and extracurricular activities that is available to non-homeless students; require public preschool programs to identify and prioritize homeless children for enrollment and to comply with subtitle B requirements; require LEAs to consider student-centered factors before placing a homeless youth in a school; require schools to enroll homeless youth immediately despite unpaid fines or fees or missed application or enrollment deadlines; protect the privacy of information about a homeless youth's living situation; and require LEAs to coordinate services provided to homeless and disabled youth. Requires that, in addition to their existing duties, LEA liaisons for homeless children and youth ensure that: (1) homeless youth are certified as eligible for free meals under the school lunch and breakfast programs; (2) school personnel providing services to homeless youth receive professional development and other support; and (3) unaccompanied youth are enrolled in school, have opportunities to meet the same state academic standards to which other students are held, and are informed of their status as independent students for financial aid purposes. Directs the Secretary to award emergency disaster grants to LEAs and their states to increase the capacity of those LEAs to respond to major disasters that increase their enrollment of homeless youth. (This replaces a program providing emergency assistance to states and, through them, LEAs to provide services to youth and their families who have become homeless due to foreclosure.) Allows LEAs to use subgrants to defray the costs of the LEA liaisons for homeless children and youth. Directs the Secretary to establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths to carry out subtitle B responsibilities. Includes in the Secretary's duties under the program: (1) the provision of support and technical assistance to states in areas in which barriers to a free appropriate public education persist, and (2) the public dissemination of information regarding the academic progress being made by homeless children and youth. Reauthorizes appropriations for the Education for Homeless Children and Youth program through FY2020. Subpart 2: Advanced Research Projects Agency-Education - (Sec. 11021) Amends the Department of Education Organization Act to establish in the Department of Education an Advanced Research Projects Agency-Education (ARPA-ED). Requires the ARPA-ED to pursue breakthrough research and development in educational technology and provide for its effective use by: identifying and promoting revolutionary advances in fundamental and applied sciences and engineering that could be translated into new learning technologies; developing such technologies and facilitating their effective use; developing, testing, and evaluating the impact and efficacy of those technologies; accelerating transformational technological advances in areas in which the private sector, by itself, is unlikely to do so; coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and encouraging educational research using new technologies and the data produced by those technologies. Authorizes the Secretary to award grants, contracts, cooperative agreements, and cash prizes and to enter into other transactions in pursuit of these objectives. Allows the Secretary to reserve up to 30%, but no more than $100 million, of the funds appropriated each fiscal year for the Programs of National Significance, under part I of title IV of the ESEA, to carry out ARPA-ED activities. Part B: Miscellaneous Provisions - (Sec. 11211) Makes technical and conforming amendments to other Acts.  

113 S1094 IS: Strengthening America's Schools Act of 2013 U.S. Senate 2013-06-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1094 IN THE SENATE OF THE UNITED STATES June 4, 2013 Mr. Harkin Ms. Mikulski Mrs. Murray Mr. Sanders Mr. Casey Mrs. Hagan Mr. Franken Mr. Bennet Mr. Whitehouse Ms. Baldwin Mr. Murphy Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965, and for other purposes. 1. Short title This Act may be cited as the Strengthening America's Schools Act of 2013 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Transition. Sec. 5. Effective dates. Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965. Sec. 7. Authorization of appropriations. TITLE I—College and career readiness for all students Sec. 1001. Purpose. Sec. 1002. State reservations. Part A—Improving the academic achievement of the disadvantaged Sec. 1111. State and local requirements. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas. Sec. 1114. Schoolwide programs. Sec. 1115. Targeted assistance schools. Sec. 1116. School performance. Sec. 1117. Qualifications for teachers and paraprofessionals. Sec. 1118. Parent and family engagement. Sec. 1119. Technical correction regarding complaint process for section 1119. Sec. 1120. Comparability of services. Sec. 1121. Coordination requirements. Sec. 1122. Grants for the outlying areas and the Secretary of the Interior. Sec. 1123. Allocations to States. Sec. 1124. Education finance incentive grant program. Sec. 1125. Blue ribbon schools; centers for excellence in early childhood. Sec. 1126. Grants for State assessments and related activities. Part B—Pathways to college Sec. 1201. Improving secondary schools. Part C—Education of migratory children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. National activities. Sec. 1309. Performance data; evaluations and study; State assistance. Sec. 1310. Definitions. Part D—Prevention and intervention programs for children and youth who are neglected, delinquent, or at-Risk Sec. 1401. Purpose and program authorization. Sec. 1402. Allocation of funds. Sec. 1403. State plan and State agency applications. Sec. 1404. Use of funds. Sec. 1405. Institution-wide projects. Sec. 1406. Transition services. Sec. 1407. Program evaluation. Sec. 1408. Purpose of local agency programs. Sec. 1409. Programs operated by local educational agencies. Sec. 1410. Local educational agency applications. Sec. 1411. Uses of funds. Sec. 1412. Program requirements for correctional facilities receiving funds under this section. Sec. 1413. Accountability. Sec. 1414. Program evaluations. Sec. 1415. Definitions. Part E—Educational stability of children in foster care Sec. 1501. Educational stability of children in foster care. Part F—General provisions Sec. 1601. Reorganization. TITLE II—Supporting teacher and principal excellence Sec. 2101. Supporting teacher and principal excellence. TITLE III—Language and academic content instruction for English learners and immigrant students Sec. 3001. Language and academic content instruction for English learners and immigrant students. TITLE IV—Supporting successful, well-rounded students Sec. 4101. Redesignations. Sec. 4102. Improving literacy instruction and student achievement. Sec. 4103. Improving science, technology, engineering, and math instruction and student achievement. Sec. 4104. Increasing access to a well-rounded education. Sec. 4105. Successful, safe, and healthy students. Sec. 4106. Student non-discrimination. Sec. 4107. 21st Century Community Learning Centers. Sec. 4108. Promise neighborhoods. Sec. 4109. Parent and family information and resource centers. Sec. 4110. Programs of national significance. Sec. 4111. Competency-based assessment and accountability demonstration authority. TITLE V—Promoting innovation Sec. 5001. Promoting innovation. Part A—Race to the Top Sec. 5101. Race to the Top. Part B—Investing in innovation Sec. 5201. Investing in innovation. Part C—Magnet schools assistance Sec. 5301. Findings and purpose. Sec. 5302. Program authorized. Sec. 5303. Applications and requirements. Sec. 5304. Priority. Sec. 5305. Use of funds. Sec. 5306. Limitations. Sec. 5307. Evaluations. Sec. 5308. Availability of funds for grants to agencies not previously assisted. Part D—Public charter schools Sec. 5401. Public charter schools. Part E—Voluntary public school choice Sec. 5501. Voluntary public school choice. TITLE VI—Promoting flexibility; rural education Sec. 6101. Promoting flexibility. Sec. 6102. Rural education. Sec. 6103. General provisions. TITLE VII—Indian, Native Hawaiian, and Alaska Native education Part A—Indian education Sec. 7101. Purpose. SUBPART 1—Formula grants to local educational agencies Sec. 7111. Formula grant purpose. Sec. 7112. Grants to local educational agencies, tribes, and Indian organizations. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. SUBPART 2—Special programs and projects to improve educational opportunities for Indian children and youth Sec. 7121. Special programs and projects to improve educational opportunities for Indian children and youth. Sec. 7122. Improvement of educational opportunities for Indian children and youth. Sec. 7123. Professional development for teachers and education professionals. SUBPART 3—National activities Sec. 7131. National activities. Sec. 7132. Grants to tribes for education administrative planning and development. SUBPART 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. SUBPART 5—Definitions; authorization of appropriations Sec. 7151. Definitions; authorization of appropriations. Part B—Native Hawaiian education; Alaska Native education Sec. 7201. Native Hawaiian education and Alaska Native education. SUBPART 1—Native Hawaiian education Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. SUBPART 2—Alaska Native Education Sec. 7301. Alaska Native education. TITLE VIII—Impact aid Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Construction. Sec. 8005. Facilities. Sec. 8006. Federal administration. Sec. 8007. Definitions. Sec. 8008. Conforming amendment. Sec. 8009. Eligibility for impact aid payment. Sec. 8010. Repeal of sunset under the NDAA amendments to Impact Aid. TITLE IX—General provisions Sec. 9101. Definitions. Sec. 9102. Unsafe school choice option. Sec. 9103. Evaluation authority. Sec. 9104. Conforming amendments. TITLE X—Commission on Effective Regulation and Assessment Systems for Public Schools Sec. 10011. Short title. Sec. 10012. Definitions. Sec. 10013. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools. Sec. 10014. Powers of the Commission. Sec. 10015. Duties of the Commission. Sec. 10016. Commission personnel matters. TITLE XI—Amendments to other laws; miscellaneous provisions Part A—Amendments to other laws SUBPART 1—McKinney-Vento Homeless Assistance Act Sec. 11011. Short title. Sec. 11012. Education for homeless children and youth. SUBPART 2—Advanced Research Projects Agency-Education Sec. 11021. Advanced Research Projects Agency-Education. Part B—Miscellaneous provisions Sec. 11211. Technical and conforming amendments. 3. References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 4. Transition (a) Multi-Year awards Except as otherwise provided in this Act, the recipient of a multi-year award under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, shall continue to receive funds in accordance with the terms of that award, except that no additional funds may be awarded after September 30, 2014. In the case of a State that received a flexibility waiver from the Secretary of Education under the authority of section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 (b) Planning and transition Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the amendments made by this Act. (c) Orderly Transition The Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act except in such cases where this Act requires specific transition steps to take place. 5. Effective dates (a) In general Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act. (b) Noncompetitive programs With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2013. (c) Competitive programs With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2014. (d) Impact Aid With respect to title VIII (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2014. 6. Table of contents of the Elementary and Secondary Education Act of 1965 Section 2 is amended to read as follows: 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Authorization of appropriations. TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Sec. 1001. Purpose. Sec. 1002. State administration and State accountability and support. Part A—Improving Basic Programs Operated by Local Educational Agencies Subpart 1—Basic Program Requirements Sec. 1111. State and local requirements. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas. Sec. 1114. Schoolwide programs. Sec. 1115. Targeted assistance schools. Sec. 1116. School performance. Sec. 1117. Qualifications for teachers and paraprofessionals. Sec. 1118. Parent and family engagement. Sec. 1119. Participation of children enrolled in private schools. Sec. 1120. Fiscal requirements. Sec. 1120A. Coordination requirements. Subpart 2—Allocations Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. Sec. 1122. Allocations to States. Sec. 1124. Basic grants to local educational agencies. Sec. 1124A. Concentration grants to local educational agencies. Sec. 1125. Targeted grants to local educational agencies. Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. Sec. 1125A. Education finance incentive grant program. Sec. 1126. Special allocation procedures. Subpart 3—Blue ribbon schools; centers of excellence in early childhood; green ribbon schools. Sec. 1131. Blue ribbon schools. Sec. 1132. Centers of excellence in early childhood. Sec. 1133. Green ribbon schools. Subpart 4—Grants for State assessments and related activities. Sec. 1141. Grants for State assessments and related activities. Part B—Pathways to college Subpart 1—Improving Secondary Schools Sec. 1201. Secondary school reform. Subpart 2—Accelerated Learning Sec. 1221. Purposes. Sec. 1222. Funding distribution rule. Sec. 1223. Advanced Placement and International Baccalaureate examination fee program. Sec. 1224. Advanced Placement and International Baccalaureate incentive program grants. Sec. 1225. Supplement, not supplant. Sec. 1226. Definitions. Part C—Education of Migratory Children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. National activities. Sec. 1309. Performance data. Sec. 1310. Evaluation and study. Sec. 1311. State assistance in determining number of migratory children. Sec. 1312. Definitions. Part D—Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk Sec. 1401. Purpose and program authorization. Sec. 1402. Payments for programs under this part. Subpart 1—State Agency Programs Sec. 1411. Eligibility. Sec. 1412. Allocation of funds. Sec. 1413. State reallocation of funds. Sec. 1414. State plan and State agency applications. Sec. 1415. Use of funds. Sec. 1416. Institution-wide projects. Sec. 1417. Three-year programs or projects. Sec. 1418. Transition services. Sec. 1419. Program evaluation. Subpart 2—Local Agency Programs Sec. 1421. Purpose. Sec. 1422. Programs operated by local educational agencies. Sec. 1423. Local educational agency applications. Sec. 1424. Uses of funds. Sec. 1425. Program requirements for correctional facilities receiving funds under this section. Sec. 1426. Accountability. Subpart 3—General Provisions Sec. 1431. Program evaluations. Sec. 1432. Definitions. Part E—Educational stability of children in foster care Sec. 1501. Educational stability of children in foster care. Sec. 1502. Definitions. Part F—General Provisions Sec. 1601. Federal regulations. Sec. 1602. Agreements and records. Sec. 1603. State administration. Sec. 1604. Local educational agency spending audits. Sec. 1605. Prohibition against Federal mandates, direction, or control. Sec. 1606. Rule of construction on equalized spending. Sec. 1607. State report on dropout data. Sec. 1608. Regulations for sections 1111 and 1116. TITLE II—SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE Part A—Continuous Improvement and Support for Teachers and Principals Sec. 2101. Purpose. Sec. 2102. Definitions. Subpart 1—Grants to States Sec. 2111. Allotments to States. Sec. 2112. State applications. Sec. 2113. State use of funds. Subpart 2—Subgrants to Local Educational Agencies Sec. 2121. Allocations to local educational agencies. Sec. 2122. Local applications and needs assessment. Sec. 2123. Local use of funds. Subpart 3—National leadership activities Sec. 2131. National leadership activities. Sec. 2132. Gifted and talented students. Subpart 4—Accountability Sec. 2141. Accountability. Subpart 5—Principal Recruitment and Training Sec. 2151. Principal recruitment and training grant program. Part B—Teacher Pathways to the Classroom Sec. 2201. Teacher Pathways. Part C—Teacher Incentive Fund Program Sec. 2301. Purposes; definitions. Sec. 2302. Teacher incentive fund grants. Part D—Achievement through Technology and Innovation Sec. 2401. Short title. Sec. 2402. Purposes and goals. Sec. 2403. Definitions. Sec. 2404. Allocation of funds; limitation. Sec. 2405. E-rate restriction. Sec. 2406. Rule of construction regarding purchasing. Subpart 1—State and Local Grants Sec. 2411. Allotment and reallotment. Sec. 2412. Use of allotment by State. Sec. 2413. State applications. Sec. 2414. State activities. Sec. 2415. Local applications. Sec. 2416. Local activities. Sec. 2417. Reporting. Subpart 2—Internet Safety Sec. 2421. Internet safety. TITLE III—LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act Sec. 3101. Short title. Sec. 3102. Purposes. Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement Sec. 3111. Formula grants to States. Sec. 3112. Native American and Alaska Native children in school. Sec. 3113. State educational agency plans. Sec. 3114. Within-State allocations. Sec. 3115. Subgrants to eligible entities. Sec. 3116. Local plans. Subpart 2—Accountability and Administration Sec. 3121. Local evaluation and accountability. Sec. 3122. State accountability. Sec. 3123. Reporting requirements. Sec. 3124. Coordination with related programs. Sec. 3125. Rules of construction. Sec. 3126. Legal authority under State law. Sec. 3127. Civil rights. Sec. 3128. Programs for Native Americans and Puerto Rico. Sec. 3129. Prohibition. Subpart 3—National Activities Sec. 3131. Professional development grants. Sec. 3132. Commission on Assessment of English Learners. Sec. 3133. English language acquisition technology innovation grants. Part B—General Provisions Sec. 3201. Definitions. Sec. 3202. Parental notification. Sec. 3203. National Clearinghouse. Sec. 3204. Regulations. TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS Part A—Improving literacy instruction and student achievement Subpart 1—Improving literacy instruction Sec. 4101. Short title. Sec. 4102. Purposes. Sec. 4103. Definitions. Sec. 4104. Program authorized. Sec. 4105. State planning grants. Sec. 4106. State implementation grants. Sec. 4107. State activities. Sec. 4108. Subgrants to eligible entities in support of birth through kindergarten entry literacy. Sec. 4109. Subgrants to eligible entities in support of kindergarten through grade 12 literacy. Sec. 4110. National evaluation, information dissemination, and technical assistance. Sec. 4111. Rules of construction. Subpart 2—Improving literacy and college and career readiness through effective school library programs Sec. 4113. Purpose. Sec. 4114. Definitions. Sec. 4115. Improving literacy and college and career readiness through effective school library program grants. Part B—Improving science, technology, engineering, and mathematics instruction and student achievement Subpart 1—Improving STEM instruction and student achievement Sec. 4201. Purpose. Sec. 4202. Definitions. Sec. 4203. Grants; allotments. Sec. 4204. Applications. Sec. 4205. Authorized activities. Sec. 4206. Performance metrics; report. Sec. 4207. Evaluation. Sec. 4208. Supplement not supplant. Sec. 4209. Maintenance of effort. Subpart 2—STEM Master Teacher Corps program 4221. Purpose. 4222. Definitions. 4223. STEM Master Teacher Corps program. 4224. Application. 4225. Required use of funds. 4226. Performance metrics; reports. 4227. Supplement not supplant. 4228. Evaluation. Part C—Increasing access to a well-Rounded education and financial literacy Subpart 1—Increasing access to a well-rounded education Sec. 4301. Purpose. Sec. 4302. Definitions. Sec. 4303. Grant program. Subpart 2—Financial literacy education Sec. 4311. Short title. Sec. 4312. Statewide incentive grants for financial literacy education. Part D—Successful, safe, and healthy students Sec. 4401. Purpose. Sec. 4402. Definitions. Sec. 4403. Allocation of funds. Sec. 4404. Successful, safe, and healthy students State grants. Sec. 4405. Technical assistance. Sec. 4406. Prohibited uses of funds. Sec. 4407. Federal and State nondiscrimination laws. Part E—Student non-discrimination Sec. 4501. Short title. Sec. 4502. Findings and purposes. Sec. 4503. Definitions and rule. Sec. 4504. Prohibition against discrimination. Sec. 4505. Federal administrative enforcement; report to congressional committees. Sec. 4506. Private cause of action. Sec. 4507. Cause of action by the Attorney General. Sec. 4508. State immunity. Sec. 4509. Attorney's fees. Sec. 4510. Effect on other laws. Sec. 4511. Severability. Sec. 4512. Effective date. Part F—21st Century Community Learning Centers Sec. 4601. Purpose; definitions. Sec. 4602. Allotments to States. Sec. 4603. State application. Sec. 4604. Local competitive grant program. Sec. 4605. Local activities. Part G—Promise Neighborhoods Sec. 4701. Short title. Sec. 4702. Purpose. Sec. 4703. Definitions. Subpart 1—Promise Neighborhood Partnership Grants Sec. 4711. Program authorized. Sec. 4712. Eligible entities. Sec. 4713. Application requirements. Sec. 4714. Use of funds. Sec. 4715. Report and publicly available data. Sec. 4716. Accountability. Subpart 2—Promise School Grants Sec. 4721. Program authorized. Sec. 4722. Definition of eligible entity. Sec. 4723. Application requirements; priority. Sec. 4724. Use of funds. Sec. 4725. Report and publicly available data. Sec. 4726. Performance accountability and evaluation. Subpart 3—General Provisions Sec. 4731. National activities. Part H—Parent and family information and resource centers Sec. 4801. Purpose. Sec. 4802. Definition of eligible entity. Sec. 4803. Grants authorized. Sec. 4804. Applications. Sec. 4805. Uses of funds. Sec. 4806. Administrative provisions. Part I—Ready-to-Learn Sec. 4901. Ready-to-Learn. Part J—Programs of National Significance Sec. 4905. Programs authorized. Sec. 4906. Applications. Sec. 4907. Program requirements. Part K—Competency-based assessment and accountability demonstration authority Sec. 4909. Competency-based assessment and accountability demonstration authority. TITLE V—PROMOTING INNOVATION Part A—Race to the Top Sec. 5101. Purposes. Sec. 5102. Reservation of funds. Sec. 5103. Race to the Top program. Sec. 5104. Application process. Sec. 5105. Performance measures. Sec. 5106. Uses of funds. Sec. 5107. Reporting. Part B—Investing in Innovation Sec. 5201. Purposes. Sec. 5202. Reservations. Sec. 5203. Program authorized; length of grants; priorities. Sec. 5204. Applications. Sec. 5205. Uses of funds. Sec. 5206. Performance measures. Sec. 5207. Reporting. Part C—Magnet Schools Assistance Sec. 5301. Findings and purpose. Sec. 5302. Definition. Sec. 5303. Program authorized. Sec. 5304. Eligibility. Sec. 5305. Applications and requirements. Sec. 5306. Priority. Sec. 5307. Use of funds. Sec. 5308. Prohibition. Sec. 5309. Limitations. Sec. 5310. Evaluations. Sec. 5311. Availability of funds for grants to agencies not previously assisted. Part D—Public Charter Schools Sec. 5401. Purpose. Sec. 5402. Distribution of funds. Subpart 1—Successful Charter Schools Program Sec. 5411. Definitions. Sec. 5412. Program authorized. Sec. 5413. Applications. Sec. 5414. Selection criteria; priority. Sec. 5415. Uses of funds. Sec. 5416. Subgrants. Sec. 5417. Performance measures; reports. Sec. 5418. Federal formula allocation during first year and for successive enrollment expansions. Sec. 5419. Records transfer. Sec. 5420. National activities. Subpart 2—Charter School Facility Acquisition, Construction, and Renovation Sec. 5431. Purpose. Sec. 5432. Definitions. Sec. 5433. Grants to eligible entities. Sec. 5434. Charter school objectives. Sec. 5435. Applications; selection criteria. Sec. 5436. Reserve account. Sec. 5437. Limitation on administrative costs. Sec. 5438. Audits and reports. Sec. 5439. No full faith and credit for grantee obligations. Sec. 5440. Recovery of funds. Part E—Voluntary Public School Choice Programs Sec. 5501. Grants. Sec. 5502. Uses of funds. Sec. 5503. Applications. Sec. 5504. Priorities. Sec. 5505. Requirements and voluntary participation. Sec. 5506. Evaluations. Sec. 5507. Definitions. TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION Part A—Transferability Sec. 6101. Transferability of funds. Part B—Rural Education Initiative Sec. 6201. Short title. Sec. 6202. Purpose. Subpart 1—Small, Rural School Achievement Program Sec. 6211. Program authorized. Sec. 6212. Academic achievement assessments. Subpart 2—Rural and Low-Income School Program Sec. 6221. Program authorized. Sec. 6222. Uses of funds. Sec. 6223. Applications. Sec. 6224. Accountability. Subpart 3—General Provisions Sec. 6231. Choice of participation. Sec. 6232. Annual average daily attendance determination. Sec. 6233. Supplement, not supplant. Sec. 6234. Rule of construction. TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION Part A—Indian Education Sec. 7101. Statement of policy. Sec. 7102. Purpose. Subpart 1—Formula Grants to Local Educational Agencies Sec. 7111. Purpose. Sec. 7112. Grants to local educational agencies and tribes. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. Sec. 7118. Payments. Sec. 7119. State educational agency review. Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children and Youth Sec. 7121. Improvement of educational opportunities for Indian children and youth. Sec. 7122. Professional development for teachers and education professionals. Subpart 3—National Activities Sec. 7131. National research activities. Sec. 7132. Improvement of academic success for students through Native American language. Sec. 7133. Improving State and tribal educational agency collaboration. Subpart 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. Sec. 7142. Peer review. Sec. 7143. Preference for Indian applicants. Sec. 7144. Minimum grant criteria. Subpart 5—Definitions Sec. 7151. Definitions. Part B—Native Hawaiian Education; Alaska Native Education Subpart 1—Native Hawaiian Education Sec. 7201. Short title. Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. Subpart 2—Alaska Native Education Sec. 7301. Short title. Sec. 7302. Findings. Sec. 7303. Purposes. Sec. 7304. Program authorized. Sec. 7305. Administrative provisions. Sec. 7306. Definitions. TITLE VIII—IMPACT AID Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Policies and procedures relating to children residing on Indian lands. Sec. 8005. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid. Sec. 8010. Federal administration. Sec. 8011. Administrative hearings and judicial review. Sec. 8012. Forgiveness of overpayments. Sec. 8013. Definitions. TITLE IX—GENERAL PROVISIONS Part A—Definitions Sec. 9101. Definitions. Sec. 9102. Applicability of title. Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. Part B—Flexibility in the use of Administrative and Other Funds Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9202. Single local educational agency States. Sec. 9203. Consolidation of funds for local administration. Sec. 9204. Consolidated set-aside for Department of the Interior funds. Part C—Coordination of Programs; Consolidated State and Local Plans and Applications Sec. 9301. Purposes. Sec. 9302. Optional consolidated State plans or applications. Sec. 9303. Consolidated reporting. Sec. 9304. General applicability of State educational agency assurances. Sec. 9305. Consolidated local plans or applications. Sec. 9306. Other general assurances. Part D—Waivers Sec. 9401. Waivers of statutory and regulatory requirements. Part E—Uniform Provisions Subpart 1—Private Schools Sec. 9501. Participation by private school children and teachers. Sec. 9502. Standards for by-pass. Sec. 9503. Complaint process for participation of private school children. Sec. 9504. By-pass determination process. Sec. 9505. Prohibition against funds for religious worship or instruction. Sec. 9506. Private, religious, and home schools. Subpart 2—Other Provisions Sec. 9521. Maintenance of effort. Sec. 9522. Prohibition regarding State aid. Sec. 9523. Privacy of assessment results. Sec. 9524. School prayer. Sec. 9525. Equal access to public school facilities. Sec. 9526. General prohibitions. Sec. 9527. Prohibitions on Federal Government and use of Federal funds. Sec. 9528. Armed Forces recruiter access to students and student recruiting information. Sec. 9529. Prohibition on federally sponsored testing. Sec. 9530. Limitations on national testing or certification for teachers. Sec. 9531. Prohibition on nationwide database. Sec. 9532. Unsafe school choice option. Sec. 9533. Prohibition on discrimination. Sec. 9534. Civil rights. Sec. 9535. Rulemaking. Sec. 9536. Severability. Sec. 9537. Geographic diversity. Subpart 3—Teacher Liability Protection Sec. 9541. Short title. Sec. 9542. Purpose. Sec. 9543. Definitions. Sec. 9544. Applicability. Sec. 9545. Preemption and election of State nonapplicability. Sec. 9546. Limitation on liability for teachers. Sec. 9547. Allocation of responsibility for noneconomic loss. Sec. 9548. Effective date. Part F—Evaluations Sec. 9601. Evaluation authority. Part G—Miscellaneous Provisions Subpart 1—Gun Possession Sec. 9701. Gun-free requirements. Subpart 2—Environmental Tobacco Smoke Sec. 9721. Short title. Sec. 9722. Definitions. Sec. 9723. Nonsmoking policy for children's services. Sec. 9724. Preemption. . 7. Authorization of appropriations The Act (20 U.S.C. 6301 et seq.) is amended by inserting after section 2 the following: 3. Authorization of appropriations (a) Local educational agency grants (1) In general There are authorized to be appropriated to carry out part A of title I (except for sections 1116(g), 1125A, 1132, and subpart 4 of part A of such title) such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) School improvement grants, national activities, and evaluation (A) In general There are authorized to be appropriated to carry out section 1116(g) such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (B) Reservation for national activities Of the amounts appropriated under subparagraph (A) for a fiscal year, the Secretary shall reserve not more than 2 percent for the national activities described in section 1116(f)(6). (3) Education finance incentive grant program There are authorized to be appropriated to carry out section 1125A such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (4) Centers of excellence in early childhood There are authorized to be appropriated to carry out section 1132 such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (b) Grants for State assessments and the national assessment of educational progress (1) National assessment of educational progress For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) State assessments and related activities For the purpose of carrying out assessment and related activities under subpart 4 of part A of title I, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (c) Pathways to college For the purposes of carrying out part B of title I, Pathways to College, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (d) Education of migratory children For the purposes of carrying out part C of title I, Education of Migratory Children, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (e) Neglected and delinquent For the purposes of carrying out part D of title I, Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (f) Continuous improvement and support for teachers and principals (1) In general For the purposes of carrying out subparts 1, 2, 3, and 4 of part A of title II, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Principal recruitment and training For the purposes of carrying out subpart 5 of part A of title II, Principal Recruitment and Training, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (g) Teacher Pathways to the Classroom For the purposes of carrying out part B of title II, Teacher Pathways to the Classroom, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (h) Teacher incentive fund For the purposes of carrying out part C of title II, Teacher Incentive Fund, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (i) Achievement through Technology and Innovation For the purposes of carrying out part D of title II, Achievement through Technology and Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (j) English Learners and Immigrant Students For the purposes of carrying out title III, Language and Academic Content Instruction for English Learners and Immigrant Students, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (k) Improving Literacy and Student Achievement (1) Improving literacy For the purposes of carrying out subpart 1 of part A of title IV, Improving Literacy Instruction, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Effective school library programs For the purposes of carrying out subpart 2 of part A of title IV, Improving Literacy and College and Career Readiness Through Effective School Library Programs, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (l) Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement For the purposes of carrying out part B of title IV, Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (m) Increasing Access to a Well-Rounded Education and Financial Literacy For the purposes of carrying out part C of title IV, Increasing Access to a Well-Rounded Education and Financial Literacy, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (n) Successful, Safe, and Healthy Students For the purposes of carrying out part D of title IV, Successful, Safe, and Healthy Students, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (o) 21st Century Community Learning Centers For the purposes of carrying out part F of title IV, 21st Century Community Learning Centers, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (p) Promise Neighborhoods For the purposes of carrying out part G of title IV, Promise Neighborhoods, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (q) Parent and Family Information and Resource Centers For the purposes of carrying out part H of title IV, Parent and Family Information and Resource Centers, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (r) Ready-to-Learn For the purposes of carrying out part I of title IV, Ready-to-Learn, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (s) Programs of national significance For the purposes of carrying out part I of title IV, Programs of National Significance, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (t) Race to the Top For the purposes of carrying out part A of title V, Race to the Top, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (u) Investing in Innovation For the purposes of carrying out part B of title V, Investing in Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (v) Magnet Schools Assistance For the purposes of carrying out part C of title V, Magnet Schools Assistance, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (w) Public charter schools For the purposes of carrying out part D of title V, Public Charter Schools, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (x) Voluntary public school choice For the purposes of carrying out part E of title V, Voluntary Public School Choice, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (y) Rural education achievement program For the purposes of carrying out part B of title VI, Rural Education Achievement Program, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (z) Indian, native hawaiian, and Alaska native education (1) Indian education and Native Hawaiian education For the purposes of carrying out part A and subpart 1 of part B of title VII, Indian Education and Native Hawaiian Education, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Alaska Native education There are authorized to be appropriated to carry out subpart 2 of part B of title VII, Alaska Native Education, such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (aa) Impact aid For the purposes of carrying out title VIII, Impact Aid, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years, in accordance with the following: (1) Payments for Federal acquisition of real property For the purpose of making payments under section 8002, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Basic payments; payments for heavily impacted local educational agencies For the purpose of making payments under section 8003(b), there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (3) Payments for children with disabilities For the purpose of making payments under section 8003(d), there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (4) Construction For the purpose of carrying out section 8007, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (5) Facilities maintenance For the purpose of carrying out section 8008, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. . I College and career readiness for all students 1001. Purpose Section 1001 ( 20 U.S.C. 6301 1001. Purpose The purpose of this title is to ensure every child has a fair, equal, and significant opportunity to obtain a high-quality education and graduate from high school ready for college, career, and citizenship. This purpose can be accomplished by— (1) setting high expectations for children to develop deep content knowledge and the ability to use knowledge to think critically, solve problems, communicate effectively, and collaborate with others, in order to graduate, from high school, college and career ready; (2) supporting high-quality teaching to continuously improve instruction and encourage new models of teaching and learning; (3) focusing on increasing student achievement and closing achievement gaps; (4) providing additional resources and supports to meet the needs of disadvantaged students, including children from low-income families and those attending high-poverty schools, English learners, migratory children, children with disabilities, Indian children, and neglected or delinquent children; (5) providing young children with greater access to high-quality early learning experiences to ensure they enter school ready to learn; (6) removing barriers to, and encouraging State and local innovation and leadership in, education based on the evaluation of success and continuous improvement; (7) removing barriers and promoting integration across all levels of education, and across Federal education programs; (8) streamlining Federal requirements to reduce burdens on States, local educational agencies, schools, and educators; and (9) strengthening parental engagement and coordination of student, family, and community supports to promote student success. . 1002. State reservations Title I ( 20 U.S.C. 6301 et seq. (1) by striking sections 1002 and 1003; (2) by redesignating section 1004 as section 1002; and (3) in section 1002 (as redesignated by paragraph (2))— (A) in the section heading, by inserting and State accountability and support (B) by redesignating paragraphs (1) and (2) of subsection (a) as subparagraphs (A) and (B), respectively, and by aligning the margins of such subparagraphs with the margins of subparagraph (A) of section 1111(a)(1); (C) by redesignating subsection (b) as paragraph (2) of subsection (a), and by aligning the margins of such paragraph with the margins of paragraph (1) of section 1111(a); (D) by striking In general State administration (1) In general Except as provided in paragraph (2) ; (E) in subsection (a)(2), as redesignated by subparagraph (C), by striking subsection (a)(1) paragraph (1)(A) (F) by adding at the end the following: (b) Accountability and support (1) In general Each State may reserve not more than 6 percent of the amount the State receives under subpart 2 of part A to carry out paragraph (2) and to carry out the State and local educational agency responsibilities under section 1116, which may include carrying out a statewide system of technical assistance and support for local educational agencies and identifying and disseminating evidence-based practices. (2) Uses Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency— (A) shall use not less than 90 percent of that amount by allocating such sums directly to local educational agencies for activities required under section 1116; or (B) may, with the approval of the local educational agency, directly provide for such activities or arrange for their provision through other entities such as educational service agencies and external providers with expertise in using strategies based on scientifically valid research to improve teaching, learning, and schools. (3) Priority The State educational agency, in allocating funds to local educational agencies under this subsection, shall give priority to local educational agencies that— (A) serve the lowest-performing schools, including schools identified as focus schools and priority schools under subsections (c) and (d) of section 1116; (B) demonstrate the greatest need for such funds; and (C) demonstrate the strongest commitment to use the funds to enable the lowest-achieving schools to improve student achievement and outcomes through the use of evidence-based practices that are consistent with the evidence standards described in section 5203(e). (4) Unused funds If, after consultation with local educational agencies, the State educational agency determines the amount of funds reserved to carry out this subsection is greater than the amount needed to provide the assistance described in this subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with— (A) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or (B) section 1126(c). (5) Special rule Notwithstanding any other provision of this subsection, the amount of funds reserved by the State educational agency under this subsection in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year. (6) Reporting Each State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to this subsection and the percentage of students from each such school from families with incomes below the poverty line. . A Improving the academic achievement of the disadvantaged 1111. State and local requirements Section 1111 ( 20 U.S.C. 6301 1111. State and local requirements (a) Academic standards, academic assessments, and accountability requirements (1) Requirements for college and career ready State standards In order to receive a grant under this part, each State shall demonstrate the State meets the following requirements: (A) College and career ready aligned standards for reading or language arts and mathematics (i) In general The State shall— (I) not later than December 31, 2014, adopt college and career ready academic content standards in reading or language arts and mathematics that meet the requirements of clauses (ii) and (iii); and (II) not later than the beginning of the 2015–2016 school year, adopt college and career ready student academic achievement standards in reading or language arts and mathematics that meet the requirements of clauses (ii) and (iv). (ii) Alignment of college and career ready standards Each State plan shall demonstrate the State has adopted college and career ready academic content standards and college and career ready student academic achievement standards aligned with— (I) credit-bearing academic coursework, without the need for remediation, at public institutions of higher education in the State; and (II) relevant State career and technical education standards and the State performance measures identified in the State plan under section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006; and (III) (aa) appropriate career skills; or (bb) standards that are State-developed and voluntarily adopted by a significant number of States. (iii) Requirements for academic content standards College and career ready academic content standards shall— (I) be used by the State, and by local educational agencies, public elementary schools, and public secondary schools in the State, to carry out the requirements of this part; (II) be the same standards that the State applies to all public elementary and secondary schools and students in the State; (III) include the same knowledge, skills, and levels of achievement expected of all elementary and secondary school students in the State; and (IV) be evidence-based and include rigorous content and skills, such as critical thinking, problem solving, and communication skills. (iv) Requirements for student academic achievement standards College and career ready student academic achievement standards for a subject shall— (I) be aligned with the State's academic content standards described in clause (iii); and (II) establish the level of performance expected for each grade level that demonstrates the student has mastered the material in the State academic content standards for that grade. (B) Science standards A State— (i) shall demonstrate that the State has adopted, by not later than December 31, 2014, statewide academic content standards and student academic achievement standards in science that are aligned with the knowledge and skills needed to be college and career ready, as described in subparagraph (A)(ii); and (ii) may choose to use such standards as part of the State’s accountability system under paragraph (3), if such standards meet the requirements of clauses (ii) through (iv) of subparagraph (A). (C) Standards for other subjects If a State adopts high-quality academic content standards and student academic achievement standards in subjects other than reading or language arts, mathematics, and science, such State may choose to use such standards as part of the State's accountability system, consistent with section 1116. (D) Alternate academic achievement standards for students with the most significant cognitive disabilities (i) In general The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards in any subject included in the State's accountability system under paragraph (3) for students with the most significant cognitive disabilities, if— (I) the determination about whether the achievement of an individual student should be measured against such standards is made separately for each student in each subject being assessed; (II) all students who use such alternate academic achievement standards in a subject are assessed using the alternate assessments for such subject described in paragraph (2)(E); and (III) such alternate academic achievement standards— (aa) are aligned with the State college and career ready academic content standards; (bb) provide access to the general curriculum and the student academic achievement standards; and (cc) reflect professional judgment as to the highest possible standards achievable by such student. (ii) Prohibition on any other alternate or modified standards A State shall not develop, or implement for use, under this part any alternate or modified academic achievement standards for students who are children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i). (E) English language proficiency standards A State shall, not later than December 31, 2015, adopt high-quality English language proficiency standards that— (i) are aligned with the State’s academic content standards in reading or language arts under subparagraph (A) so that achieving English language proficiency, as measured by the State's English language proficiency standards, indicates a sufficient knowledge of English to allow the State to validly and reliably measure the student’s achievement on the State’s reading or language arts student academic achievement standards with no interventions designed to support English learners specifically; (ii) ensure proficiency in English for each of the domains of speaking, listening, reading, and writing; (iii) identify not less than 4 levels of English proficiency; (iv) address the different proficiency levels of English learners and set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; (v) are updated, not later than 1 year after the State adopts any new academic content standards in reading or language arts under this paragraph, in order to align the English language proficiency standards with the new content standards; and (vi) support teachers as teachers enhance instruction to support English learners. (F) Early learning guidelines and early grade standards A State that uses funds provided under this part to support early childhood education shall provide an assurance that, not later than December 31, 2015, the State will establish, or certify the existence of, early learning guidelines and early grade standards in accordance with the following: (i) Early learning guidelines In consultation with the State Advisory Council on Early Childhood Education and Care, the lead agency designated under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, the State shall complete a review, and revise or create, as necessary, the State’s early learning guidelines for young children in order to promote developmentally appropriate, high-quality programs. Such guidelines shall— (I) address each of the age groups of infants, toddlers, and preschool-aged children; (II) be developed, as appropriate, in all domains of child development and learning (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, approaches to learning, and physical and health development) for each age group; (III) reflect research and evidence-based developmental and learning expectations, including the foundation for and progression in how children develop and learn the requisite skills and content from one stage into the next, including what young children should know and be able to do; (IV) address the cultural and linguistic diversity and the diverse abilities of young children, including infants, toddlers, and preschoolers with disabilities; (V) inform teaching practices, improve professional development, and support high-quality services in early childhood education programs; (VI) be made publicly available, including through electronic means; and (VII) for pre-school age children, appropriately assist in the transition of such children to kindergarten. (ii) Early grade standards In consultation with the State Advisory Council on Early Childhood Education and Care, the lead agency designated under section 658D of the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, the State shall establish or review and revise, as needed, standards for kindergarten through grade 3 aligned with the college and career ready academic content and student academic achievement standards described in subsection (a)(1)(A) to ensure that such standards— (I) are developed in all domains of child development and learning (including cognitive, language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning); (II) reflect research and evidence-based development and learning expectations for each level and address cultural, linguistic, and ability-level diversity; and (III) across grade levels, reflect progression in how children develop and learn the requisite skills and content from earlier grades forward, including preschool. (G) Existing standards Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before, on, or after the date of enactment of the Strengthening America's Schools Act of 2013 (H) Construction Nothing in this section shall be construed to authorize the Secretary or other officer or employee of the Federal Government to mandate, direct, or control a State’s college and career ready academic content or student academic achievement standards under subsection (a). (2) Academic assessments (A) State assessments The State shall, beginning not later than the beginning of the 2015–2016 school year, adopt and implement statewide assessments that— (i) include statewide assessments in reading or language arts, and mathematics, annually for grades 3 through 8 and not less frequently than once during grades 10 through 12, that— (I) are aligned with the State’s academic content standards in such subjects under paragraph (1)(A); (II) are administered to all public elementary and secondary school students in the State; (III) measure the individual academic achievement of a student; (IV) assess the student's academic achievement based on the State's student academic achievement standards in the subject in order to measure— (aa) whether the student is performing at the student's grade level; and (bb) the specific grade level at which the student is performing in the subject; (V) measure individual student academic growth, including a measurement of the number of years of academic growth each student attains each year; and (VI) may, at the State's choosing— (aa) be administered through a single summative assessment each year; or (bb) be administered through multiple statewide assessments during the course of the year if the State can demonstrate to the Secretary’s satisfaction the results of these multiple assessments, taken in their totality, provide a summative score that provides valid and reliable information on individual student academic growth, as described in subclause (V); (ii) include statewide assessments in science, not less than once during each of the grade spans of grades 3 through 5, 6 through 9, and 10 through 12, that— (I) assess the student's academic achievement based on the State's student academic achievement standards in science in order to measure— (aa) whether the student is performing at the student's grade level; and (bb) the specific grade level at which the student is performing in the subject; (II) measure individual student academic growth, including a measurement of the number of years of academic growth each student attains each year; and (iii) include the English language proficiency assessments and any alternate assessments described in subparagraphs (D) and (E), respectively; and (iv) at the discretion of the State, measure the proficiency of students in the other academic subjects for which the State has adopted academic content standards and student academic achievement standards under paragraph (1)(C). (B) Requirements for assessments The assessments administered under this paragraph shall— (i) be the same academic assessments used to measure the achievement of all students, although the individual assessment items administered to a student in order to determine the specific grade level at which a student is performing may vary; (ii) be used only for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards; (iii) be used only if the State educational agency provides to the Secretary evidence that the assessments used are of adequate technical quality for each purpose required under this Act and are consistent with the requirements of this section, which evidence the Secretary may make public; (iv) involve multiple up-to-date measures of student academic achievement, including measures that— (I) assess the full range of academic content and student academic achievement standards under section 1111(a)(1) that students are expected to master; (II) measure students’ mastery of content knowledge and their ability to use knowledge to think critically and solve problems, and to communicate effectively; and (III) may be partially delivered in the form of portfolios, projects, or extended performance tasks; (v) provide for— (I) the participation in such assessments of all students; (II) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency as determined under subparagraph (D), except that the State may exempt any English learner at the lowest levels of English language proficiency from the reading or language arts assessment for not more than 2 years following the date of the student being identified as an English learner; (vi) shall— (I) incorporate the principles of universal design, as defined in section 3(a) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002(a) (II) provide for the reasonable adaptations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and State student academic achievement standards under paragraph (1) for such subject; (III) provide for the valid and reliable accommodations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and State student academic achievement standards under paragraph (1) for such subject; and (IV) assess children with disabilities using the same, unmodified academic content standards used to measure children without disabilities in the same grade level, except in the case of alternate assessments administered in accordance with subparagraph (E); (vii) notwithstanding clause (v)(II), include the academic assessment (using tests written in English) of reading or language arts of any student who has attended school in the United States (not including Puerto Rico) for 3 or more consecutive school years, except that, if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, if such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; (viii) include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year, except the performance of students who have attended more than 1 school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency; (ix) produce individual student interpretive, descriptive, and diagnostic reports that— (I) allow parents, teachers, and principals to understand and address the specific academic needs of students and include information regarding achievement on the academic assessments aligned with State academic achievement standards; and (II) are provided to parents, teachers, and principals as soon as is practicably possible after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; (x) enable results to be disaggregated within the State, local educational agency, and school by gender, each major racial and ethnic group, English proficiency status, migrant status, status as a student with a disability, and economically disadvantaged status, except that disaggregation shall not be required for any subgroup that would include 15 or less students, so as to not reveal personally identifiable information about an individual student; (xi) be consistent with widely accepted professional testing standards and objectively measure academic achievement, knowledge, and skills; (xii) enable itemized score analyses to be produced and reported, consistent with clause (ii), to local educational agencies and schools, so that parents, teachers, principals, and administrators can interpret and address the specific academic needs of students as indicated by the students' achievement on assessment items; (xiii) produce student achievement and other student data that can be used to inform determinations of individual principal and teacher effectiveness for purposes of evaluation and for determining the needs of principals and teachers for professional development and support; (xiv) be administered to not less than 95 percent of all students, and not less than 95 percent of each subgroup of students described in clause (x), who are enrolled in the school; and (xv) in the case of digital assessments or any digital assessment content that is adopted, procured, purchased, or developed for the assessments, incorporate the principles of universal design, as defined in section 3(a) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002(a) (C) Languages of assessments The State shall identify the languages other than English that are present in the participating student population in the State and indicate, in the State's plan under subsection (b), the languages for which yearly student academic assessments included in the State's accountability system under paragraph (3) are not available and are needed. The State shall make every effort to develop assessments in such languages and may request assistance from the Secretary if linguistically accessible academic assessments are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessments in such languages, but shall not mandate a specific academic assessment or mode of instruction. (D) Assessments of English language proficiency (i) In general Each State plan shall demonstrate that local educational agencies in the State will, not later than the beginning of the 2015–2016 school year, provide for the annual assessment of English language proficiency of all English learners in the schools served by the State educational agency. (ii) Requirements The English language proficiency assessment described in clause (i) shall— (I) be aligned with the State’s English language proficiency standards under paragraph (1)(E); (II) be designed to measure, in a valid and reliable manner, student progress toward, and attainment of, English language proficiency; (III) reflect the academic language that is required for success on the State’s academic assessments, consistent with paragraph (1)(E)(iv); and (IV) measure each student's progress in achieving the levels of English proficiency established under the State English language proficiency standards, as described in paragraph (1)(D)(iii). (E) Alternate assessments for students with the most significant cognitive disabilities A State may provide alternate assessments that are aligned with alternate academic achievement standards described in paragraph (1)(D) for students with the most significant cognitive disabilities, if the State— (i) ensures that for each subject, the total number of students in each grade level assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in such grade level in the State who are assessed in such subject; (ii) establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, on a subject-by-subject basis, when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards; (iii) ensures that parents of the students whom the State plans to assess using alternate assessments are involved in the decision that their child’s academic achievement will be measured against alternate academic achievement standards, consistent with section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act, and are informed whether participation in such assessment may preclude the student from completing the requirements for a regular secondary school diploma, as determined by the State; (iv) provides evidence that students with the most significant cognitive disabilities are, to the maximum extent practicable, included in the general curriculum and in assessments aligned with such curriculum, as described in section 601(c)(5)(A) of the Individuals with Disabilities Education Act; (v) certifies, consistent with section 612(a)(16)(A) of the Individuals with Disabilities Education Act, the State’s regular academic assessments described in subparagraphs (A), (C), and (D) are universally designed to be accessible to students, including students with sensory, physical, and intellectual disabilities, through the provision of reasonable adaptations and valid and reliable accommodations that produce valid results; (vi) develops, disseminates information about, makes available, and promotes the use of reasonable adaptations and valid and reliable accommodations to increase the number of students with the most significant cognitive disabilities participating in grade-level academic instruction and assessments aligned with grade-level academic standards, and promotes the use of appropriate accommodations to increase the number of students with the most significant cognitive disabilities who are tested against grade-level academic achievement standards; (vii) takes steps to ensure regular and special education teachers and other appropriate staff know how to administer assessments, including how to make appropriate use of reasonable adaptations and valid and reliable accommodations for such assessments, for students with the most significant cognitive disabilities; and (viii) requires separate determinations about whether a student should be assessed using an alternate assessment for each subject assessed. (F) Computer adaptive assessment A State may develop and administer computer adaptive assessments as the assessments required under subparagraph (A). If a State develops and administers a computer adaptive assessment for such purposes, the assessment shall meet the requirements of this paragraph. (G) Reducing duplicative assessment The State shall— (i) include, in the State plan under subsection (b), a description of how the State will regularly analyze assessment and accommodations practice and use, and reduce duplicative assessment where appropriate; and (ii) ensure that the local educational agencies report, as required in subsection (d), regarding the assessments required by Federal, State, and local laws, regulations, or policies. (3) State-designed accountability systems (A) Accountability system Each State shall, not later than the beginning of the 2014–2015 school year, demonstrate the State educational agency has developed and is implementing a single, statewide accountability system that— (i) annually measures and reports on the achievement and academic growth of students in all public elementary schools and secondary schools and local educational agencies in the State, in accordance with subparagraph (B); (ii) differentiates all local educational agencies and all schools in the State according to academic achievement and student academic growth, English language proficiency and growth for English learners, and, for high schools, graduation rates, for all students and for each subgroup described in paragraph (2)(B)(x); (iii) expects the continuous improvement of all public schools in the State in the academic achievement and academic growth of all students, including the subgroups of students described in subparagraph (D), and establishes ambitious and achievable annual performance targets in accordance with subparagraph (C); (iv) annually identifies schools that need supports and interventions to prepare college and career ready students; (v) provides for the improvement, through supports and interventions that address student needs, of all local educational agencies with schools not identified under section 1116(d) that are not meeting performance targets for subgroups described in subparagraph (D); (vi) develops the capacity of local educational agencies and schools to effectively educate their students and continuously improve; (vii) recognizes, and encourages other local educational agencies to replicate, the practices of local educational agencies and schools that are successful in effecting significant student achievement or student academic growth; and (viii) meets the requirements of section 1116. (B) Measurement of achievement and academic growth (i) In general The State accountability system shall measure student achievement and academic growth toward the college and career ready academic content and student academic achievement standards under paragraph (1) by annually measuring and reporting on, in the aggregate and for each subgroup described in subparagraph (D)— (I) the number and percentage of students who are in each category described in clause (ii), for each grade and subject covered by an academic assessment included in the accountability system, based on the State academic assessments for the subject; and (II) for each such category of students— (aa) the number and percentage of students for each grade and subject who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth, as described in clause (iii); and (bb) the number and percentage of students for each grade and subject who have not achieved sufficient academic growth, as described in such clause. (ii) Categories of students The State educational agency shall establish not less than 3 categories of students, which shall include the following: (I) A category consisting of students who are meeting or exceeding the State student academic achievement standards under paragraph (1) in a subject for the students' grade level, as determined based on the State academic assessments under paragraph (2). (II) A category consisting of students whose proficiency in a subject is below grade level and who are achieving sufficient academic growth, as described in clause (iii). (III) A category of students whose proficiency in a subject is below grade level and who are not achieving sufficient academic growth, as described in clause (iii). (iii) Sufficient academic growth For purposes of this section, sufficient academic growth for a student means— (I) a rate of academic growth, based on a comparison of the student’s performance on the most recent State academic assessment with the preceding State academic assessment or combination of preceding State academic assessments, is such that the student will be performing at or above grade level within 3 years; (II) a rate of academic growth, based on a comparison of the student’s performance on the most recent State academic assessment with the preceding State academic assessment or combination of preceding State academic assessments, is such that the student will be performing at or above grade level by the end of the grade span of which, for purposes of this section, shall be the grade spans of grades 3 through 5, 6 through 8, and 9 through 12; or (III) another aggressive academic growth model approved by the Secretary that supports the State educational agency performance targets under subparagraph (C). (C) Performance targets (i) In general Each State shall establish, after requesting and receiving input from the local educational agencies of the State, ambitious and achievable annual performance targets for the State, for local educational agencies in the State, and for public elementary schools and secondary schools, for each subject and grade level assessed under paragraph (2), that— (I) are adopted from the waiver agreement entered into with the Secretary through the authority under section 9401 before the date of enactment of the Strengthening America's Schools Act of 2013 (II) subject to approval by the Secretary— (aa) sets a goal for every public school to meet the achievement level of the highest-performing 10 percent of schools in the State as of the date of the application submission, based on the percentage of students meeting or exceeding the State academic content and student academic achievement standards; (bb) requires annual progress toward that goal for all students, including all subgroups of students consistent with section 1111(a)(3)(D), within a specified reasonable time period; and (cc) ensures accelerated progress for the subgroups of students that start with the lowest levels of student achievement; or (III) are equally ambitious to the performance targets described in subclauses (I) and (II) and are approved by the Secretary. (ii) Performance areas The performance targets required under this subparagraph shall include targets for— (I) student proficiency, as described in subparagraph (B)(ii)(I); (II) student academic growth, as determined in accordance with subparagraph (B); (III) English language proficiency for English learners, as measured by the number of students who are on track to achieving English proficiency, as described in paragraph (1)(D) (i), by not later than 5 years after being identified as English learners; and (IV) for high schools, high school graduation rates. (iii) Baselines Each State shall use student performance on the State's academic assessments used for purposes of receiving funds under this subpart and subpart 2 for the 2014–2015 school year as the baseline for the performance targets, subject to paragraph (5)(B)(iv) and subsection (b)(3)(C). (iv) Additional measures and performance targets A State may develop other measures and performance targets to provide school personnel, parents, and community members with information about the effectiveness of schools in closing performance gaps among subgroups and bringing all students to proficiency, except that any such measure shall not classify individuals who have not attained a high school diploma but have earned a recognized equivalent of such diploma as graduating from high school. (D) Subgroups of students The subgroups described in this subparagraph shall be obtained by disaggregating students enrolled in a school by each major racial and ethnic group, English proficiency status, status as a child with a disability, and economically disadvantaged status, except that a school shall not be required to disaggregate for any subgroup that includes 15 or less students if such disaggregation would result in the disclosure of personally identifiable information. (E) Subjects covered The State shall include in the accountability system the subjects of reading or language arts and mathematics, and may include science and any other subject that the State chooses through its State plan, if the State has adopted academic content standards and student academic achievement standards under paragraph (1)(C) and assessments under paragraph (2)(B) for the subject. (F) Accountability for charter schools The accountability provisions under this Act shall be overseen for public charter schools in accordance with State charter school law. (G) Students with the most significant cognitive disabilities In determining the percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth as described in subparagraph (B)(iii), for a subject for any purpose under this section or section 1116 or 1131, a State educational agency may include, for all schools in the State, the performance of the State's students with the most significant cognitive disabilities on alternate assessments as described in paragraph (2)(E) in the subjects included in the State’s accountability system, consistent with the 1 percent limitation of subsection (a)(2)(E)(i). (4) Voluntary partnerships A State may enter into a voluntary partnership with another State to develop and implement the academic assessments, academic content standards, and student academic achievement standards required under this section. (5) Transition provisions (A) In general The Secretary shall take such steps as are necessary to provide for the orderly transition between the accountability systems required under subsection (b)(2), as such section was in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (B) Transition steps To enable the successful transition to the provisions of this part, as amended by the Strengthening America's Schools Act of 2013 (i) beginning upon the date of enactment of the Strengthening America's Schools Act of 2013 (I) administer assessments, as required under paragraph (2), as amended by such Act, that measure and assess the college and career ready academic content standards and student academic achievement standards described in paragraph (1), as amended by such Act; and (II) with respect to any reporting provision under this part that requires the disaggregation of students, carry out such requirement unless the number of students in such subgroup is less than 15; (ii) during the transition period, continue all interventions, services, and activities required under section 1116(b), as in effect on the day before the date of enactment of such Act, for schools identified for corrective action under such section 1116(b)(7); (iii) after 2 years of using the assessments described in clause (i)(I), establish a new baseline, as described in paragraph (3)(C), using the new assessment data; and (iv) implement sections 1111 and 1116, as amended by such Act, except that the State shall not be required to identify proficiency gaps, focus schools, or priority schools under subsection(b), (c), or (d) of section 1116 until 2 full school years after the date of enactment of such Act. (C) End of transition The transition to the requirements of this part, as amended by the Strengthening America's Schools Act of 2013 (b) State plans (1) In general For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency in consultation with local educational agencies, teachers, principals, specialized instructional support personnel, administrators, other staff, representatives of Indian tribes located in the State, and parents, that— (A) demonstrates the State's compliance with this section; (B) is coordinated with the State plans required by other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. (C) provides an assurance the State will continue to administer the academic assessments required under paragraphs (3)(A) and (7) of this subsection, as such paragraphs were in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (D) provides an assurance the State will participate in the biennial State academic assessments of grade 4 and grade 8 reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; (E) describes the State accountability system under subsection (a)(3) and the State's plan for blue ribbon schools under section 1131 (if the State chooses to carry out such section); (F) describes the process the State will utilize to review local educational agency plans submitted pursuant to section 1112, including the parent and family engagement plan described in section 1118 and other provisions related to parent and family engagement; (G) describes the support the State will provide to local educational agencies for the education of homeless children and youths, and how the State will comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act; (H) describes how the State educational agency has involved the committee of practitioners established under section 1603(b) in developing the plan and monitoring its implementation; (I) describes how the State educational agency will coordinate with the State Advisory Council on Early Childhood Education and Care, as appropriate; (J) (i) if the State funds full-day kindergarten programs but does not provide access to such programs for all children eligible to attend kindergarten in the State, describes how the State plans to increase the number of students in the State who are enrolled in full-day kindergarten and a strategy to implement such a plan; and (ii) if the State provides funding for kindergarten programs but does not fund full-day kindergarten programs, describes how the State plans to establish such programs to extend and strengthen the educational continuum for children entering elementary school; (K) provides an assurance that the State— (i) has established a longitudinal data system that includes all elements described in section 6401(e)(2)(D) of the America COMPETES Act ( 20 U.S.C. 9871 Public Law 111–5 (ii) if the State was not subject to any such requirement, that the State will establish such a system by a date approved the Secretary; (L) describes how the State and State educational agency will comply with the requirements of section 1501, and the State's plan to ensure such compliance; (M) in the case of a State that proposes to use funds under this part to support positive behavioral interventions and supports, describes how the State educational agency will— (i) assist local educational agencies in implementing positive behavioral interventions and supports in schools served by the local educational agency throughout the whole school; (ii) provide technical assistance and training to local educational agencies to improve and support the development, implementation, and coordination of comprehensive positive behavioral interventions and supports carried out under this Act with activities carried out under the Individuals with Disabilities Education Act; (iii) in coordination with local educational agencies and schools, implement positive, preventative approaches to school discipline to promote a positive school climate for all students and reduce recidivism of re-entering youth offenders and disconnected youth; and (iv) evaluate the effects of providing positive behavioral interventions and supports for all students, including improvement of the learning environment, academic achievement, disciplinary problems such as incidents of suspensions, expulsions, referrals to law enforcement, and other actions that remove students from instruction, and any other effects the State chooses to evaluate; (N) in the case of a State that proposes to use funds under this part to support early intervening services, describes how the State educational agency will— (i) assist local educational agencies in implementing early intervening services in schools served by the local educational agency to reduce the need to label children as children with disabilities in order to address the learning and behavioral needs of such children; (ii) provide technical assistance and training to local educational agencies to improve coordination of early intervening services provided under this Act with early intervening services carried out under the Individuals with Disabilities Education Act; and (iii) evaluate the effects of providing early intervening services; (O) describes how the State will assist local educational agencies in identifying gifted and talented students, including high-ability students who have not previously been formally identified for gifted education services, and implement educational approaches at the elementary school and secondary school levels to support the learning needs of gifted and talented students to ensure that such students make appropriate learning gains, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting, and dual enrollment in secondary school and postsecondary education; (P) describes how the State educational agency will— (i) reduce suspensions, expulsions, referrals to law enforcement, and other disciplinary actions that remove students from instruction; (ii) facilitate, to the extent practicable, the re-entry of juvenile offenders and disconnected youth into their local educational agencies; (iii) in coordination with the State department of corrections or similar agency, ensure re-entering juvenile offenders receive referrals to a local educational agency and provide that, for any juvenile who commits an offense subject to school expulsion and is subsequently committed to a detention center, secure facility, or any other residential placement within the juvenile or adult criminal justice system for such offense, the period of expulsion shall run concurrently with the period of commitment to the detention center, secure facility, or other residential placement; and (iv) in coordination with local educational agencies and schools, provide annual and public reporting on, in the aggregate, in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and disciplinary transfers (including placements in alternative schools) in the State; (Q) describe how the State educational agency will plan for pregnant and parenting students to be enrolled, attend, and succeed in school; (R) describes how— (i) for the first year following the date of enactment of the Strengthening America's Schools Act of 2013 (ii) for each school year following the first year after such date of enactment, the State educational agency will provide for the equitable distribution of teachers within local educational agencies and the State so that low-income and minority children are not taught at higher rates than other children by teachers with the lowest ratings in the State professional growth and improvement system; and (iii) beginning not later than 1 year after such date of enactment, and for each subsequent year, the State will report to the Secretary the percentage and distribution of teachers in the State, based on the measures used in the State, for each quartile of schools based on school poverty level, for high-minority schools, and for low-minority schools; and (S) describes how the State will annually submit to the Secretary, for each quartile of schools in the State based on school poverty level and for high-minority schools and low-minority schools in the State, data regarding the percentage and distribution of the following categories of teachers: (i) Teachers who are not classified as highly qualified teachers. (ii) Teachers who are new. (iii) Teachers who have not completed a teacher preparation program. (iv) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. (v) Beginning in any year for which data are available from a professional growth and improvement system, and not later than the 2015–2016 school year, teachers with the highest or lowest ratings in the professional growth and improvement system, as data from such system become available, and in no case later than the 2015–2016 school year. (2) Comprehensive plan A State plan submitted under paragraph (1) may be submitted as part of the comprehensive plan under section 9302. (3) Duration of the plan (A) In general Each State plan shall— (i) remain in effect for the duration of the State’s participation under this part or 4 years, whichever is shorter; and (ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State's strategies and programs under this part. (B) Additional information (i) Revised plans If a State makes significant changes to its plan, such as adopting new State academic content standards, new State student achievement standards, new academic assessments, or improved performance targets under subsection (a), the State shall submit a revised plan to the Secretary. (ii) Review of revised plans The Secretary shall review the information submitted under clause (i) and may, notwithstanding paragraph (4), approve or disapprove changes to the State plan without undertaking the peer-review or hearing process described in such paragraph. (C) Renewal A State educational agency that desires to continue participating in the program under this part shall submit a renewed plan every 4 years with improved performance targets. (4) Peer review and secretarial approval (A) Secretarial duties The Secretary shall— (i) establish a peer-review process that maximizes collaboration with each State to assist in the review of State plans; (ii) appoint expert individuals to the peer-review process who— (I) represent a regionally diverse cross-section of States; (II) are representative of parents, teachers, State educational agencies, and local educational agencies; and (III) are familiar with educational standards, assessments, accountability, the needs of focus and priority schools as described in subsections (c) and (d) of section 1116 and the needs of disadvantaged students, students who are children with disabilities, and other educational needs of students; (iii) ensure the peer-review process provides timely feedback from the peer-review panel to the States, and that such feedback shall be made publicly available, including through electronic means; (iv) not decline approval of a State plan before— (I) offering the State an opportunity to revise the State plan; (II) providing technical assistance to the State to meet the requirements of this subsection and subsections (a) and (c); and (III) upon the request of a State, providing a hearing; (v) have the authority to disapprove a State plan for not meeting the requirements of this part, and may deny approval to a State plan under this subsection that was recommended by the peer-review panel by making available written findings of the cause for such disapproval; (vi) approve a State plan not later than 120 days after its submission unless the Secretary determines that the plan does not meet the requirements of this section; (vii) if the Secretary determines that the State plan does not meet the requirements of this subsection and subsection (c), immediately notify the State in writing of such determination and the reasons for such determination; and (viii) not have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such plan 1 or more specific elements of the State's academic content standards or to use specific academic assessment instruments or items. (B) State revisions A State plan shall be revised by the State educational agency if necessary to satisfy the requirements of this section. (c) Parent and family engagement Each State plan shall include a description of how the State will strengthen engagement of the parents and families in education (referred to in this subsection as the parent and family engagement plan (1) Statewide parent and family engagement strategy The parent and family engagement plan shall demonstrate how the State plans to increase and enhance the engagement of parents and family members in education throughout the State, through the implementation and replication of evidence-based or promising practices, in order to— (A) increase student academic growth and achievement, and college and career readiness; (B) provide parents and family members with the skills and opportunities necessary to become full partners in their child’s education; (C) improve child development; (D) strengthen relationships and partnerships among school personnel and parents and family members, to support student academic growth and achievement, and college and career readiness; (E) improve the ability of local educational agencies and schools to increase the participation of parents and family members in school improvement strategies, create opportunities for co-location and provision of services for parents and family members, and foster conditions for learning; and (F) focus the activities described in subparagraphs (A) through (E) in high-need local educational agencies and high-need schools. (2) Coordination; collection; dissemination The parent and family engagement plan shall describe how the State will— (A) ensure maximum coordination and minimum duplication of efforts (which may include the designation of a parent and family engagement coordinator) among, at a minimum— (i) Federal, State, and local programs; (ii) the State Advisory Councils on Early Childhood Education and Care; (iii) the parent and family information and resource centers established under part H of title IV; and (iv) appropriate non-Federal entities (including community-based and philanthropic organizations and court-appointed special advocates); (B) collect and disseminate best practices and research on parent and family engagement strategies to— (i) local educational agencies, including high-need local educational agencies, and high-need schools in the State, such as through parent and family engagement academies and other leadership development strategies; and (ii) institutions of higher education and other organizations with a demonstrated record of success in increasing the engagement of parents and family members in education; and (C) ensure that the process for reviewing local educational agency plans pursuant to section 1112 includes an assessment and response to each local educational agency regarding the extent to which such plans incorporate the best practices identified in subparagraph (B). (3) Technical assistance, training, and capacity-building The State parent and family engagement plan shall describe the evidence-based technical assistance, professional development, or other capacity-building strategies that the State will provide to, at a minimum, high-need local educational agencies and high-need schools, which— (A) shall include the provision of technical assistance to local educational agencies that serve schools identified as focus or priority schools under subsection (c) or (d) of section 1116; (B) shall include partnering with the appropriate parent and family information and resource centers; (C) may include assistance in developing, revising, or implementing the local educational agency plans submitted pursuant to section 1112 as such plans relate to supporting parent and family engagement, in conjunction with paragraph (2)(C); (D) may include assistance related to implementing evidence-based parent and family engagement strategies to providers of early care and education; and (E) may include assistance related to implementing evidence-based parent and family engagement strategies for English learner families, such as those described in section 3115(c)(5). (4) Leveraging resources Each State plan shall include a description of how the State will leverage resources of employers, business leaders, philanthropic and non-profit organizations, and other community members to increase and strengthen parent and family engagement. (d) Annual State report cards (1) In general A State that receives a grant under this part shall prepare and disseminate an annual report card for each public elementary school and secondary school in the State, each local educational agency in the State, and the State as a whole. (2) Requirements for all report cards The State shall ensure the school, local educational agency, and State report cards required under this subsection are— (A) uniform across the State; (B) concise; (C) presented in a format that is easily understandable and, to the extent practicable, provided in a language that parents can understand; and (D) accessible to the public, which shall include— (i) making the State report card and all local educational agency and school report cards available on a single webpage of the State's website; and (ii) providing a copy of a school's report card to the parents of each student enrolled in the school each year. (3) Required student information for school report cards Each school report card required under paragraph (1) shall include the following: (A) A clear and concise description of the State’s accountability system under subsection (a)(3), including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established to determine the status of schools. (B) Information on each of the following for the school, in the aggregate and disaggregated and cross-tabulated by the subgroups described in subsection (a)(2)(B)(x) (except that such disaggregation or cross-tabulation shall not be required in a case in which the results would reveal personally identifiable information about an individual student): (i) Student achievement at each performance level on the State academic assessments that are included in the State's accountability system under subsection (a)(3). (ii) The percentage of students who do not take the State academic assessments. (iii) The most recent 3-year trend in student achievement in each subject area, and for each grade level, for such assessments. (iv) A comparison of the school's student academic assessment data to the State average for each tested subject. (v) (I) the number and percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth, as determined in accordance with subsection (a)(3)(B)(iii), for each subject area and grade level; and (II) The most recent 3-year trend in student academic growth in each subject area, and for each grade level, for the State academic assessments. (vi) The number and percentage of students with the most significant cognitive disabilities who take an alternate assessment under subsection (a)(2)(E), by grade and subject. (vii) The number of students who are English learners, and the performance of such students, on the State’s English language proficiency assessments under sub (a)(2)(D), including the students' attainment of, and progress toward, higher levels of English language proficiency. (viii) For each high school— (I) student graduation rates, including— (aa) the 4-year adjusted cohort graduation rate, as defined in section 9101(30)(A); and (bb) the cumulative graduation rate, as defined in section 9101(30)(B); (II) not later than the beginning of the 2013–2014 school year, the rate at which students who graduated from the high school in the preceding year enrolled in institutions of higher education by the beginning of the next school year; and (III) not later than the beginning of the 2014–2015 school year, the rate of student remediation, in the aggregate, for high school graduates who enroll in public institutions of higher education in the State or in other institutions of higher education (to the extent obtaining the data regarding remediation from other institutions is practicable). (ix) Beginning not later than the 2015–2016 school year, the evaluation results of teachers and principals as measured by the State's professional growth and improvement system, except that such information shall not provide individually identifiable information on individual teachers and principals. (x) Discipline data with respect to all students in the school for the disciplinary exclusionary categories described in subparagraphs (A)(v), (D), and (E) of section 618(a)(1) of the Individuals with Disabilities Education Act. (xi) The percentage of students passing examinations related to coursework acceptable for postsecondary credit at institutions of higher education, such as Advanced Placement or International Baccalaureate examinations; (xii) Data regarding pregnant and parenting students in the State, including— (I) the number of pregnant and parenting students enrolled in secondary schools; (II) rates, and data regarding participation, of pregnant and parenting students in mainstream schools or in the schools in which the students originated; (III) rates, and data regarding participation, of pregnant and parenting students in alternative programs; (IV) the number and percentage of pregnant and parenting students who have achieved proficiency, as determined for purposes of subsection (a)(3)(B)(ii) in each grade and subject assessed; and (V) graduation rates for pregnant and parenting students. (xiii) The incidence of school violence, bullying, drug abuse, alcohol abuse, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions, for each category. (C) The average class size, by grade. (D) The school’s categorization, if applicable, in the State school accountability and improvement system under section 1116. (E) The most recently available academic achievement results in grades 4 and 8 of the State’s students on the National Assessment of Educational Progress in reading and mathematics, including the percentage of students at each achievement level in the aggregate and by the groups described in section 303(b)(2)(G) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(b)(2)(G) (F) The number of local educational agencies in the State that implement positive behavioral interventions and supports. (G) The number of students— (i) who are served through the use of early intervening services; and (ii) who, in the preceding 2-year period, received early intervening services and who, after receiving such services, have been identified as eligible for, and receive, special education and related services under part B of the Individuals with Disabilities Education Act. (H) The number of local educational agencies in the State that implement school-based mental health programs. (4) Optional information A State may include in each school report card such other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State's public elementary and secondary schools. Such information may include— (A) interscholastic athletic program indicators by gender, including number of participants, expenditures, number of coaches, and number of competitive events; (B) indicators of school climate; (C) student attendance; and (D) school readiness of students in kindergarten. (5) Local educational agency and state report cards Each local educational agency report card and State report card required under paragraph (1)— (A) shall include the data described in clauses (i) through (xiv) of paragraph (3)(B) for the local educational agency or State, respectively, as a whole and disaggregated by the subgroups described in subsection (a)(2)(B)(x); (B) in the case of a State report card, shall include the data described in paragraph (3)(B)(viii) disaggregated by status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in the category would reveal personally identifiable information about an individual student; (C) in the case of a local educational agency report card, shall include information regarding the assessments administered annually, by grade level and subject, and, for each assessment, whether the assessment is required by Federal, State, or local statute, regulation, or policy; and (D) may include any optional information described in paragraph (4) for the local educational agency or State, respectively. (6) Data A State shall only include in a school report card or local educational agency report card, data that do not reveal personally identifiable information about an individual student or teacher. (7) Preexisting report cards A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Strengthening America's Schools Act of 2013 (8) Cost reduction Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts. (9) Cross-tabulated data not used for accountability Groups of students obtained by cross-tabulating data under this subsection shall not be considered to be subgroups under section 1116. Such cross-tabulated data shall not be used to determine whether a school is a focus or priority school under subsection (c) or (d) of section 1116. (e) Reporting (1) Annual State report Each State educational agency that receives assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on the State's progress in developing and implementing the academic assessments described in subsection (a)(2); (B) information on the achievement and academic growth of students, including results disaggregated (except in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student) by the subgroups described in subsection (a)(2)(B)(x) and by status as a child in foster care; (C) information on any changes in status for all public schools in the State, in accordance with the State's system of differentiation described in subsection (a)(3)(A)(ii) and the categories required under section 1116; (D) in any year before the State begins to provide the information described in subparagraph (B), information on the results of student academic assessments (including results disaggregated by the subgroups described in subsection (a)(2)(B)(x)) required under this section; (E) information on the acquisition of English language proficiency by students who are English learners; (F) the number of schools, and the name of each school, identified as a focus or priority school under subsection (c) or (d) of section 1116; and (G) the number of schools identified as blue ribbon schools under section 1131 and the name of each such school. (2) Secretary's report card and biennial evaluation report (A) Secretary's report card Not later than July 1, 2014, and annually thereafter, the Secretary shall prepare and submit to the authorizing committees a national report card on the status of elementary and secondary education in the United States. Such report shall— (i) analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports; (ii) analyze data from the National Assessment of Educational Progress and international assessments, including the Third International Mathematics and Science Survey; (iii) identify trends in student achievement, student academic growth, student performance, and high school graduation rates, by analyzing and reporting on the status and performance of subgroups of students, including subgroups based on race, ethnicity, and socioeconomic status and the subgroups of children with disabilities and English learners; (iv) compare the performance of students, including the subgroups described in clause (iii), across States and local educational agencies across the United States; (v) identify and report on promising practices, areas of greatest improvement in student achievement and educational attainment, and other examples worthy of national attention; (vi) identify and report on areas of educational concern that warrant national attention; and (vii) (I) analyze existing data, as of the time of the report, on Federal, State, and local expenditures on education, including per pupil spending, teacher salaries and pension obligations, school level spending, and other financial data publicly available; and (II) report on current trends and major findings resulting from the analysis. (B) Special rule The information used to prepare the report described in subparagraph (A) shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. (C) Biennial report The Secretary shall transmit biennially to the authorizing committees a report that provides national and State-level data on the information collected under paragraph (1). (f) Penalties If a State that receives a grant under this part fails to meet any requirement of this part, the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. (g) Parents' right-to-Know (1) Qualifications At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following: (A) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. (B) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. (C) The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree. (D) Whether the student is provided services by paraprofessionals and, if so, their qualifications. (2) Equity report card A local educational agency that receives funds under this part shall make available to parents, separately or as a clearly identified part of the school report card, and through easily accessible means, including electronic means, the following information for each school: (A) student achievement data at each performance level, for each category of students described in subsection (a)(3)(B)(ii), on the State academic assessments included in the State accountability system under subsection (a)(3), disaggregated by the subgroups described in subsection (a)(2)(B)(x); (B) Individual school funding by source, including Federal, State, and local funding and grants; (C) For each high school, the 4-year adjusted cohort graduation rate, as described in section 9101(32)(A), and the rate at which students graduating from the high school in the preceding year enrolled in institutions of higher education by the beginning of the next school year; (D) Data regarding educational opportunity participation, which data— (i) shall include, at a minimum, prekindergarten and full-day kindergarten opportunities for children and opportunities for Advanced Placement or International Baccalaureate course work; and (ii) may include such opportunities as dual enrollment, gifted programming, and other educational programming. (E) Information regarding each school’s school climate, including student survey results and school discipline data, which may include information such as the incidence of school violence, bullying, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions. (F) Other data that, in conjunction with the local educational agency report card described in subsection (d), is determined, by the State or local educational agency in consultation with parents, families, and educators, to be necessary to allow parents, families, and community members to understand, and compare with other schools in the local educational agency and across the State, the resources available to the school that influence the outcomes for students. (3) Additional information In addition to the information that parents of students may request under paragraph (1), a school that receives funds under this part shall provide to each individual parent, with respect to the student— (A) information on the level of achievement and academic growth of the student on each of the State academic assessments as required under this part; and (B) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not hold a State qualification or license to teach at the grade level and subject area in which the teacher has been assigned. (4) Format The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (h) Privacy Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals. (i) Technical assistance The Secretary shall provide a State educational agency, at the State educational agency's request, with technical assistance in meeting the requirements of this section. (j) Construction Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. (k) Special rule with respect to bureau-funded schools In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of Interior that receives funds under this part, the following shall apply: (1) State accredited schools Each such school accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. (2) Regionally accredited schools Each such school accredited by a regional accrediting organization shall adopt appropriate assessments, in consultation with and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. (3) Tribally accredited schools Each such school accredited by a tribal accrediting agency or tribal division of education shall use assessments developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessments meet the requirements of this section. . 1112. Local educational agency plans Section 1112 (20 U.S.C. 6312) is amended to read as follows: 1112. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other Acts, as appropriate, and activities under title IX of the Education Amendments of 1972. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 9305. (b) Plan development and duration (1) Consultation Each local educational agency plan shall be developed in consultation with— (A) teachers, principals, administrators, and other appropriate school personnel; (B) representatives of early childhood education programs in the geographic area served by the local educational agency, as appropriate; and (C) parents and family members of children in schools served under this part. (2) Duration Each local educational agency plan shall be submitted pursuant to this section for the first year for which this part is in effect following the date of enactment of the Strengthening America's Schools Act of 2013 (3) Review Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part, and changes in the State performance targets under section 1111(a)(3). (4) Renewal A local educational agency that desires to continue participating in the program under this part shall submit a renewed plan on a periodic basis, as determined by the State. (c) State approval (1) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (2) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— (A) enables schools served under this part to substantially help children served under this part meet the academic content and student academic achievement standards expected of all children described in section 1111(a)(1) and the performance targets described in section 1111(a)(3)(C); and (B) meets the requirements of this part. (d) Plan provisions In order to help low-achieving children meet college and career ready student academic achievement standards, and to close the achievement gap between high- and low-achieving children each local educational agency plan shall describe each of the following: (1) How the local educational agency will work with each of the schools served by the agency to— (A) develop and implement a comprehensive program of instruction to meet the academic needs of all students; (B) identify quickly and effectively students who may be at risk for academic failure; (C) provide additional educational assistance to individual students assessed as needing help in meeting the State’s college and career ready student academic achievement standards; (D) identify significant gaps in student achievement among subgroups of students identified under section 1111(a)(2)(B)(x) and develop strategies to reduce such gaps in achievement; and (E) identify and implement effective methods and instructional strategies that are based on scientifically valid research intended to strengthen the core academic programs of the schools, including using multi-tiered systems of support, universal design for learning, and positive behavioral interventions and supports. (2) How the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement and academic growth, especially for students described in section 1111(a)(3)(B)(ii)(II). (3) The strategy the local educational agency will use to implement effective parent and family engagement under section 1118. (4) How the local educational agency will coordinate and integrate services provided under this part with other high-quality early childhood education programs at the local educational agency or individual school level (including programs under section 619 of the Individuals with Disabilities Education Act) that include plans for the transition of participants in such programs to local elementary school programs and, if appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating in a Head Start program, which may be provided directly by the local educational agency or through a subcontract with the Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable public early childhood education program. (5) How activities under this part will be coordinated and integrated with Federal, State, and local services and programs, including programs supported under this Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Head Start Act, the Child Care and Development Block Grant Act of 1990, and the Workforce Investment Act of 1998, violence prevention programs, nutrition programs, and housing programs. (6) How the local educational agency will coordinate and integrate services provided under this part with local workforce development programs that serve disadvantaged or out-of-school youth, such as those providing workforce investment activities under chapter 4 of subtitle B of title I of the Workforce Investment Act of 1998, including a description of how the local educational agency will use funds under this part to support such activities. (7) The poverty criteria that will be used to select school attendance areas under section 1113. (8) How teachers, in consultation with parents and family members, administrators, and specialized instructional support personnel, in targeted assistance schools under section 1115, will identify the eligible children most in need of services under this part. (9) How the local educational agency will identify and address any disparities in the equitable distribution of teachers, consistent with the requirements of section 1111(b)(1)(L). (10) How the local educational agency will provide for the equitable distribution of elementary school teachers, and of secondary school teachers, within local educational agencies and the State using data on the percentage and distribution of the categories of teachers described in subsection (e)(13). (11) A general description of the nature of the programs to be conducted by such agency's schools under sections 1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs. (12) A description of— (A) how the local educational agency will provide opportunities for the enrollment, attendance, and success of homeless children and youths; and (B) the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 1113(c)(3), and how those services may differ from those provided in prior years. (13) A description of the support the local educational agency will provide for homeless children and youths, consistent with the requirements of the McKinney-Vento Homeless Assistance Act. (14) For each quartile of schools in the local educational agency based on school poverty level and for high-minority schools and low-minority schools in the local educational agency, data regarding access at the high school level to rigorous coursework, including— (A) access to opportunities to earn postsecondary credit while in high school, such as through Advanced Placement and International Baccalaureate courses and examinations, and dual enrollment; and (B) student performance on Advanced Placement and International Baccalaureate course examinations. (15) How the local educational agency will identify and address any disparity within the student subgroups described in section 1111(a)(3)(D) in equitable access to rigorous coursework, including access to opportunities described in paragraph (14)(A). (16) How the local educational agency will engage in timely, on-going, and meaningful consultation with representatives of Indian tribes in the area served by such local educational agency to improve the coordination of activities under this Act and to meet the unique cultural, language, and academic needs of Indian and Native Hawaiian students. (17) How the local educational agency will implement strategies to facilitate effective transitions for students from middle school to high school and from high school to postsecondary education. (18) If the local educational agency proposes to use subgrant funds under this part for positive behavioral interventions and supports, a description of the actions the local educational agency will take to provide positive behavioral interventions and supports and coordinate those activities with activities carried out under the Individuals with Disabilities Education Act. (19) If the local educational agency proposes to use subgrant funds under this part for early intervening services, a description of the actions the local educational agency will take to provide early intervening services and coordinate those services with early intervening services carried out under the Individuals with Disabilities Education Act. (20) If the local educational agency proposes to use subgrant funds under this part for school-based mental health programs, a description of the actions the local educational agency will take to provide school-based mental health programs and coordinate those activities with activities carried out under the Individuals with Disabilities Education Act. (21) If the local educational agency proposes to use subgrant funds under this part for periodically updating the crisis management plan of the local educational agency, as described in section 4202(d)(5)(B)(iv), a description of the actions the local educational agency will take to develop and implement an updated crisis management plan. (22) A description of how the local educational agency will plan for pregnant and parenting students to be enrolled, attend, and succeed in school. (e) Assurances Each local educational agency plan shall provide assurances that the local educational agency will— (1) use the results of the academic assessments required under section 1111(a)(2), and other measures or indicators available to the agency, to review annually the progress of each school served by the agency and receiving funds under this part to determine whether all of the schools are making the progress necessary to ensure all students will be performing at or above grade level on the State academic assessments required under such section, in accordance with the ambitious targets described in the State plan under section 1111(a)(3)(C); (2) provide to parents and teachers the results from the academic assessments required under section 1111(a)(2) as soon as is practicably possible after the test is taken in an understandable and uniform format and, to the extent possible, provided in a language that the parents and, to the greatest extent practicable, family members, can understand; (3) participate, if selected, in State academic assessments of student achievement in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act; (4) fulfill such agency’s school improvement responsibilities under section 1116; (5) ensure that migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (6) engage in timely and meaningful consultation with representatives of Indian tribes located in the area served by the local educational agency; (7) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services; (8) inform eligible schools of the local educational agency's authority to obtain waivers on the school’s behalf under applicable Federal flexibility provisions; (9) in the case of a local educational agency that chooses to use funds under this part to provide early childhood education services to low-income children below the age of compulsory school attendance, ensure that such services comply with the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act; (10) comply with the requirements of section 1501 that relate to the local educational agency and describe the local educational agency's plan to ensure such compliance; (11) comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act that relate to the local educational agency; (12) annually submit to the State educational agency the information contained in each school equity report card described in section 1111(g)(2); and (13) annually submit to the State educational agency, for each quartile of schools in the local educational agency based on school poverty level and for high-minority schools and low-minority schools in the local educational agency, data regarding the percentage and distribution of the following categories of teachers: (A) Teachers who are new. (B) Teachers who have not completed a teacher preparation program. (C) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. (D) Where applicable, teachers who have the highest or lowest ratings in a professional growth and improvement system. (f) Parental notification regarding language instruction programs (1) In general Each local educational agency using funds under this part to provide a language instruction educational program as determined under part C of title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of an English learner identified for participation or participating in, such a program of— (A) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program; (B) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (C) the methods of instruction used in the program in which their child is, or will be, participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (D) how the program in which their child is, or will be, participating, will meet the educational strengths and needs of their child; (E) how such program will specifically help their child learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation; (F) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools; (G) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and (H) information pertaining to parental rights that includes written guidance— (i) detailing— (I) the right that parents have to have their child immediately removed from such program upon their request; and (II) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (ii) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. (2) Notice The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for English learners shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (3) Special rule applicable during the school year For those children who have not been identified as English learners prior to the beginning of the school year and who are subsequently so identified, the local educational agency shall notify the parents of such children within the first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and (2). (4) Parental participation Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents and, to the extent practicable, family members, of English learner students to inform the parents and family members regarding how the parents and family members can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet college and career ready State student academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents and family members of students assisted under this part. (5) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. . 1113. Eligible school attendance areas Section 1113 (20 U.S.C. 6313) is amended— (1) in subsection (a)— (A) by striking paragraph (3) and inserting the following: (3) Ranking order (A) In general Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (i) annually rank, without regard to grade spans, such agency's eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent, or exceeds 50 percent in the case of the high schools served by such agency, from highest to lowest according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order. (B) Applicability A local educational agency shall not be required to reduce, in order to comply with subparagraph (A), the amount of funding provided under this part to elementary schools and middle schools from the amount of funding provided under this part to such schools for the fiscal year preceding the data of enactment of the Strengthening America's Schools Act of 2013 ; (B) by striking paragraph (5) and inserting the following: (5) Measures (A) In general Except as provided in subparagraph (B), the local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (i) to identify eligible school attendance areas; (ii) to determine the ranking of each area; and (iii) to determine allocations under subsection (c). (B) Low-income families in secondary schools For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be the calculation producing the greater of the results from among the following 2 calculations: (i) The calculation described under subparagraph (A). (ii) A feeder pattern described in subparagraph (C). (C) Feeder pattern In this part, the term feeder pattern ; and (C) by adding at the end the following: (8) Reservation for early childhood education A local educational agency may reserve funds made available to carry out this section for early childhood education in eligible school attendance areas before making allocations to high schools in eligible school attendance areas pursuant to this section. ; and (2) in subsection (c)— (A) by striking paragraph (3) and inserting the following: (3) Reservation for homeless children and youth and other at-risk children (A) Funds for homeless children and youth and other at-risk children A local educational agency shall reserve such funds as are necessary under this part to serve— (i) homeless children who are attending any public school served by the local educational agency, including providing educationally related support services to children in shelters and other locations where children may live; (ii) children in local institutions for neglected children; (iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs; and (iv) children in foster care (as defined in section 1502), including providing points of contact (as described in section 1501(d)) in local educational agencies for child welfare agencies and children in foster care. (B) Reservation of funds Notwithstanding the requirements of subsections (b) and (c) of section 1120A, funds reserved under subparagraph (A) may be used to provide homeless children and youths with services not ordinarily provided to other students under this part, including— (i) providing funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act; (ii) providing transportation pursuant to section 722(g)(1)(J)(iii) of such Act; (iii) providing services to preschool-aged homeless children and homeless secondary school students; (iv) providing support services to homeless children and youths in shelters and other locations where they may live; and (v) removing barriers to homeless children and youths’ enrollment, attendance, retention, and success in school. (C) Amount reserved The amount of funds reserved in accordance with subparagraph (A)(i) shall be determined by an assessment of the needs of homeless children and youths in the local educational agency. Such needs assessment shall include the following: (i) Information related to child, youth, and family homelessness in the local educational agency obtained through the coordination and collaboration required under subsections (f)(4) and (g)(5) of section 722 of the McKinney-Vento Homeless Assistance Act. (ii) The number of homeless children and youths reported by the local educational agency to the State educational agency under section 722(f)(3) of the McKinney-Vento Homeless Assistance Act for the previous school year. ; and (B) in paragraph (4), by striking eligible under this section and identified for school improvement, corrective action, and restructuring under section 1116(b) identified as a priority school under section 1116(d) 1114. Schoolwide programs Section 1114 ( 20 U.S.C. 6314 (1) in subsection (a)— (A) in paragraph (1), by adding at the end the following: Funds under this part may be used to support evidence-based activities that address needs identified through the comprehensive needs assessment under subsection (b)(1)(A) and consistent with the schoolwide program. (B) in paragraph (2)— (i) in subparagraph (A)(ii), by striking provide identify particular services as supplemental. (ii) by striking subparagraph (B) and inserting the following: (B) Supplemental funds (i) In general A local educational agency serving a school participating in a schoolwide program shall use funds available to carry out this section only to supplement the aggregate amount of funds that would, in the absence of funds under this part, be made available from State and local sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English learners. (ii) Compliance To demonstrate compliance with clause (i), a local educational agency shall demonstrate that the methodology it uses to allocate State and local funds to each school receiving funds under this part ensures the school receives all of the State and local funds the school would otherwise receive if it were not receiving funds under this part. (iii) Nonapplicability Section 1120A(b) shall not apply to schools operating schoolwide programs under this section. ; (C) in paragraph (3)(B)— (i) by inserting or civil rights, (ii) by striking , services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies (D) by striking paragraph (4) and inserting the following: (4) External providers A school may carry out a schoolwide program under this subsection through an external provider if the school demonstrates, in the plan required under subsection (b)(2), that the external provider has expertise in using strategies and programs that are based on scientifically valid research to improve teaching, learning, and schools. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking section 1309(2) section 1312 (II) by striking section 1111(b)(1) section 1111(a)(1) (ii) in subparagraph (B)— (I) in clause (i), by striking to meet the State's proficient and advanced levels of student academic achievement described in section 1111(b)(1)(D) to be proficient or advanced students, as described in section 1111(a)(3)(B)(ii)(I) (II) in clause (ii), by striking scientifically based research scientifically valid research (III) in clause (iii)— (aa) in subclause (I)— (AA) in item (aa), by striking pupil services specialized instructional support services (BB) in item (bb), by striking and (CC) in item (cc), by striking vocational and technical education programs; and career and technical education programs; (DD) by adding at the end the following: (dd) implementation of schoolwide positive behavioral interventions and supports, including through coordination with activities carried out under the Individuals with Disabilities Education Act, in order to improve academic outcomes for students and reduce the need for suspensions, expulsions, and other actions that remove students from instruction; and (ee) implementation of early intervening services, including through coordination with early intervening services carried out under the Individuals with Disabilities Education Act; ; and (bb) in subclause (II), by striking and (cc) by adding at the end the following: (III) a multi-tier system of supports and positive behavioral interventions and supports; and (IV) support for programs, activities, courses, and professional development in the core academic subjects that are targeted toward assisting children described in subclause (I) in meeting the academic content and student academic achievement standards described in section 1111(a)(1); and ; (iii) in subparagraph (C), by inserting and highly rated qualified (iv) by striking subparagraphs (D) and (F); (v) by redesignating subparagraphs (E), (G), (H), (I), and (J), as subparagraphs (D), (E), (F), (G), and (H), respectively; (vi) in subparagraph (D), as redesignated by clause (v), by inserting and highly rated qualified (vii) in subparagraph (E), as redesignated by clause (v), by striking , Even Start, Early Reading First, , programs under part A of title IV, (viii) in subparagraph (F), as redesignated by clause (v), by striking section 1111(b)(3) section 1111(a)(2) (ix) in subparagraph (G), as redesignated by clause (v), by striking proficient or advanced levels of academic achievement standards required by section 1111(b)(1) proficient and advanced levels of academic achievement standards described in section 1111(a)(1)(A)(iv) (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking No Child Left Behind Act of 2001), in consultation with the local educational agency and its school support team or other technical assistance provider under section 1117, Strengthening America's Schools Act of 2013 (II) in clause (iv), by striking section 1111(b)(3) section 1111(a)(2) (ii) in subparagraph (B)— (I) in clause (i)— (aa) in subclause (I), by striking , after considering the recommendation of the technical assistance providers under section 1117, (bb) in subclause (II), by striking the No Child Left Behind Act of 2001 the Strengthening America's Schools Act of 2013 (II) in clause (ii), by striking pupil services personnel specialized instructional support personnel (III) in clause (v), by striking Reading First, Early Reading First, Even Start, part A of title IV, (3) in subsection (c), by striking Even Start programs or Early Reading First programs programs under part A of title IV 1115. Targeted assistance schools Section 1115 ( 20 U.S.C. 6315 (1) in subsection (b)— (A) in paragraph (1)(B)— (i) by striking challenging college and career ready (ii) by striking except that including children who are at risk of failing to be ready for elementary school. (B) in paragraph (2)— (i) in subparagraph (A), by striking or limited English proficient children , or English learners (ii) by striking subparagraph (B) and inserting the following: (B) Head Start or literacy programs A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, a program under part A of title IV, or in preschool services under this title, is eligible for services under this part. ; (2) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking challenging college and career ready (ii) in subparagraph (A), by striking challenging college and career ready (iii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking scientifically based research scientifically valid research (II) in clause (ii), by striking and (III) by adding at the end the following: (iv) may include a multi-tier system of supports and positive behavioral supports; and (v) may include support for programs, activities, courses, and professional development in the core academic subjects that are targeted toward children described in subclause (I) to enable such children to meet the academic content and student academic achievement standards described in section 1111; ; (iv) in subparagraph (D), by striking Even Start, Early Reading First programs under part A of title IV, (v) in subparagraph (E), by inserting and highly rated qualified (vi) in subparagraph (F)— (I) by striking subsection (e)(3) and (II) by striking pupil services personnel specialized instructional support personnel (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking proficient and advanced on-track and advanced (ii) in subparagraph (B), by striking challenging college and career ready (3) in subsection (e)(2)(B)(iii), by striking pupil services personnel specialized instructional support personnel 1116. School performance Section 1116 ( 20 U.S.C. 6316 1116. School performance (a) School accountability and improvement system (1) In general Each State receiving a grant under this part shall establish a school accountability and improvement system that— (A) is part of the accountability system required under section 1111(a)(3) and implements the requirements of such system; (B) supports schools that are not meeting the State's performance targets under section 1111(a)(3)(C) for all students; and (C) identifies the public elementary schools and secondary schools in the State that will need local interventions under subsection (b), that are focus schools under subsection (c), and that are priority schools under subsection (d), and the processes to be used to improve schools in each category, in accordance with this section and section 2123(b). (2) Review and approval The State shall include information describing the school accountability and improvement system in the State plan under section 1111(b), which shall be subject to peer review and approval by the Secretary as part of the State plan, in accordance with such section. (b) Local interventions; reporting (1) Local interventions Beginning in the 2015–2016 school year, each local educational agency receiving a subgrant under this part shall— (A) identify each school that, after 2 consecutive years, has not met the same performance target described in section 1111(a)(3)(C) for the same subgroup described in section 1111(a)(3)(D); and (B) ensure that such school, in collaboration with the local educational agency, develops and implements a locally designed intervention to improve student achievement in each such subgroup. (2) Reporting Each local educational agency that implements locally designed interventions under paragraph (1) to support schools that have not met performance targets for a subgroup will report to the State educational agency regarding the resources and interventions used to address the achievement of students in the subgroup, and the outcomes of those efforts. The State educational agency shall annually select the interventions with exemplary outcomes, share such interventions and outcomes with the public, and communicate such interventions and outcomes to the Secretary. (3) Lack of improvement Each school served under this part that has been identified as a school that has not met the same subgroup performance target, as described in paragraph (1), for the preceding 3 consecutive years shall work with the State educational agency to implement a State-approved intervention based on established best practices within State. (c) Focus schools (1) Identification Beginning in the 2015–2016 school year, a State shall identify as a focus school, for the 3-year period following the school's identification period (except as provided in paragraph (2))— (A) each public school in the State that— (i) is not identified as a priority school under subsection (d); and (ii) is in the 10 percent of such schools with the greatest achievement gaps among the subgroups described in section 1111(a)(3)(D) as compared to the statewide average, as determined by the State academic assessments under section 1111(a)(2); and (B) each public high school in the State that— (i) is not identified as a priority school under subsection (d); and (ii) is in the 10 percent of such schools with the greatest graduation rate gaps among such subgroups as compared to the statewide averages. (2) Improvement strategies For each focus school identified under paragraph (1), the local educational agency serving the school shall, in accordance with the State accountability system described in section 1111(a)(3), develop and implement a measurable and data-driven correction plan to improve the performance of low-achieving subgroups in the school in order to close achievement gaps. A correction plan under this paragraph shall be developed with input from teachers, parents, community members, and other stakeholders. (3) State waiver If a State determines that all schools that would otherwise be considered to be the lowest-achieving 10 percent of schools with the greatest achievement gap, or graduation rate gap, under paragraph (1), are actually performing at a satisfactory level of performance, the State may apply to the Secretary to waive the requirements of this subsection with respect to such schools. (4) Improvement The State educational agency shall no longer identify a school that has been identified as a focus school for any remainder of the school's 3-year identification period if— (A) at any time during the 3-year period for which a school is so identified, the school has met all of its performance targets as described in section 1111(a)(3)(C) for the school year; or (B) after 2 years of the 3-year period, the State determines, based on the most current data, that the school's rate of improvement is sufficient to enable the school to meet all of the school's performance targets by the end of the 3-year period. (d) Priority schools (1) Identification (A) In general Beginning in the 2015–2016 school year, a State shall identify as a priority school, for the 3-year period following the school's identification (except as provided in paragraph (5))— (i) each school served under this part in the State that is in the lowest-achieving 5 percent of elementary schools; (ii) each school served under this part in the State that is in the lowest-achieving 5 percent of secondary schools; (iii) each public high school in the State with a graduation rate of less than 60 percent; and (iv) each school served under this part that has been identified as a focus school under subsection (c) for the 6 preceding consecutive years. (B) State waiver If a State determines that all schools that would otherwise be considered to be the lowest-achieving 5 percent of schools under clause (i), are actually performing at a satisfactory level of performance based on the measures used by the State to identify priority schools, the State may apply to the Secretary to waive the requirements of this subparagraph, and paragraphs (2) through (5), for such schools. (2) Needs analysis Each local educational agency receiving assistance under this part shall conduct a data-driven needs analysis, which may involve an external partner with expertise in conducting such needs analysis, of each school identified as a priority school, as the case may be, to determine the most appropriate school improvement strategies to improve student performance. Such needs analysis shall include— (A) a diagnostic review of data related to students and instructional staff; (B) an analysis of the school governance, curriculum, instruction, student supports, conditions for learning, and parent and family engagement practices relative to the needs of the student population; and (C) the resources, which may include community-based supports and early childhood education, available at the school, local educational agency, and community levels to meet student needs and support improved student achievement and outcomes and the implementation of any school improvement strategy. (3) State and local responsibilities for identified schools (A) State responsibilities Each State receiving a grant under this part shall ensure that a local educational agency receiving assistance under this part carries out the requirements of subparagraph (B) for each school identified as a priority school under paragraph (1) in the State. (B) Local educational agency responsibilities Each local educational agency receiving assistance under this part shall, consistent with the State's accountability system under section 1111(a)(3)— (i) establish a process for selecting an appropriate school improvement strategy for each school described in subparagraph (A) that is served by the local educational agency; (ii) select the school improvement strategy to be used in each such school and the timeline for implementing the selected school improvement strategy in such school; (iii) develop a detailed budget covering the 3-year identification period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school improvement strategy; (iv) implement a school improvement strategy at the school in accordance with the requirements of paragraph (4); (v) use appropriate measures to monitor the effectiveness of the implementation; (vi) review and select turnaround partners to assist in implementing school improvement strategies; (vii) align other Federal, State, and local resources with the school improvement strategy; (viii) provide the school with the operational flexibility, including autonomy over staffing, time, and budget, needed to enable full and effective implementation of the selected strategy, including through the modification of practices or policies, if necessary; (ix) collect and use data on an ongoing basis to adjust implementation of the school improvement strategy to improve student achievement; (x) provide an assurance that the implementation of the selected school improvement strategy addresses the needs of all the subgroups of students described in section 1111(a)(3)(D) in the school; (xi) take steps to sustain successful reforms and practices after the school is no longer identified as a priority school; (xii) provide technical assistance and other support to ensure students graduate from high school college- and career-ready, as determined by the State's academic content standards under section 1111(a)(1), through the effective implementation of the school improvement strategy in the school, which— (I) may include assistance in— (aa) data collection and analysis; (bb) recruiting and retaining staff; (cc) teacher and principal evaluation; (dd) professional development; (ee) parent and family engagement; (ff) coordination of services with high-quality early childhood education providers; (gg) coordination of services to address students’ social, emotional, and health needs; and (hh) monitoring the implementation of the school improvement strategy selected under paragraph (4); and (II) shall include assistance in the implementation of schoolwide positive behavior supports, school-based mental health programs, and other approaches with evidence of effectiveness, for improving the learning environment in the school and reducing the need for suspensions, expulsions, and other actions that remove students from instruction, including effective strategies for improving coordination of community resources; (xiii) establish partnerships with employers, institutions of higher education, service providers, and others to assist in implementing school improvement strategies described in paragraph (4); and (xiv) review school discipline and climate data, disaggregated by each subgroup described in section 1111(a)(3)(D), in assessing the needs of the school and, if low-achieving subgroups receive a disproportionate amount of suspensions, expulsions, or other forms of exclusionary discipline, incorporate evidence-based strategies to reduce out-of-classroom punishment and promote student engagement in the school’s improvement plan. (C) State as local educational agency If a school identified as a priority school under this subsection for a 3-year identification period is re-identified as a priority school for the subsequent 3-year period, the State may take over the school and act as the local educational agency for purposes of this subsection, if permitted under State law. (4) School improvement strategies (A) Required activities for all school improvement strategies A local educational agency implementing any strategies under this paragraph for a school shall— (i) provide staff at the school with ongoing professional development, consistent with the needs analysis described in paragraph (2); (ii) conduct regular evaluations for the teachers and principals at the school that provide specific feedback on areas of strength and in need of improvement; (iii) provide time for collaboration among instructional staff at the school to improve student achievement; (iv) provide instructional staff at the school with timely access to student data to inform instruction and meet the academic needs of individual students, which may include, in elementary school, school readiness data; (v) collaborate with parents and families, the community, teachers, other school personnel at the school, and representatives of Indian tribes located in the area served by the local educational agency, on the selection and implementation of the strategy; (vi) use data to identify and implement a research-based instructional program that— (I) analyzes student progress and performance and develops appropriate interventions for students who are not making adequate progress; and (II) provides differentiated instruction and related instructional supports; (III) meets the unique cultural, language, and educational needs of all students served by such school; (vii) in the case of an elementary school with kindergarten entry— (I) examine factors that contribute to school readiness as part of the needs analysis conducted under paragraph (2); (II) coordinate with appropriate high-quality early childhood programs, such as programs under the Child Care Development and Block Grant Act of 1990, the Head Start Act, prekindergarten programs, and other similar Federal, State, and local programs, in order to align instruction to better prepare students for elementary school; and (III) develop a plan to improve or expand high-quality early childhood options which may include the use of funds under this part for such purposes; (viii) provide ongoing mechanisms for parent and family engagement; (ix) provide appropriate services and evidence-based, integrated supports for students as identified in the school’s needs analysis; (x) describe, in a report to the State educational agency and made available to the public upon request, how the local educational agency or school will adopt and implement policies or practices to develop, implement, improve, or expand positive behavioral interventions and supports, early intervening services, and school-based mental health programs in accordance with the requirements of clauses (xi) through (xiv); (xi) (I) review and analyze the school's efforts to address behavioral or disciplinary problems; and (II) assist the school in developing, expanding, or improving the use of schoolwide positive behavioral interventions and supports that are aligned with activities carried out under the Individuals with Disabilities Education Act; and (xii) review and analyze the school's efforts to identify and assist students with poor academic achievement and students who are children with disabilities, and assist the school in developing, implementing, or improving early intervening services that are coordinated with activities carried out under the Individuals with Disabilities Education Act; (xiii) review the number of discipline incidents in the school and use that information to assist the school to implement schoolwide positive behavioral interventions and supports or other early intervening services, or both; and (xiv) review and analyze the school's efforts to address mental health needs among students and assist the school in developing or improving school-based mental health programs that are coordinated with activities carried out under the Individuals with Disabilities Education Act. (B) Strategies A local educational agency shall identify a school improvement strategy for a school identified as a priority school under paragraph (1) from among the following strategies: (i) Transformation strategy A local educational agency implementing a transformation strategy in a school shall— (I) replace the principal, if the principal has served in that role at the school for more than 2 years, with a principal who has a demonstrated record of success in increasing student achievement and— (aa) training or experience in raising student achievement; or (bb) training or experience in turning around low-performing schools; (II) require existing instructional staff and school leadership to reapply for their positions; and (III) require that all instructional staff and school leadership hiring be done at the school through mutual consent. (ii) Turnaround strategy A local educational agency implementing a turnaround model as a strategy for a school shall— (I) replace the principal, if the principal has served in that role at the school for more than 2 years, with a principal who has the demonstrated record of success, training, or experience described in clause (i)(I); and (II) screen all teachers in the school and retain not more than 65 percent of them. (iii) Whole school reform strategy A local educational agency implementing a whole school reform strategy for a school shall implement an evidence-based strategy that ensures whole school reform. The strategy shall be undertaken in partnership with an external provider offering a school reform program that is based on at least a moderate level of evidence that the program will have a statistically significant effect on student outcomes, including more than 1 well-designed or well-implemented experimental or quasi-experimental study. (iv) Restart strategy A local educational agency implementing a restart strategy in a school shall carry out the following: (I) (aa) Convert the school into a public charter school, or close and reopen the school as a public charter school in partnership with a nonprofit charter school operator, a nonprofit charter management organization, or a nonprofit education management organization, that has a demonstrated record of improving student achievement for students similar to those served by the school; or (bb) convert the school to a magnet school or create a new, innovative school, as defined by the State. (II) Ensure that the new school— (aa) serves the grade levels as the original school for which the strategy is being implemented; and (bb) enrolls any former student of the original school who requests to attend the school and then, after all such students are enrolled, admits additional students, using a random lottery system if more students apply for admission than can be accommodated. (v) School closure strategy A local educational agency implementing a school closure strategy for a school— (I) shall close the school and enroll the students who attended the school in other schools, including charter schools, served by the local educational agency that are within reasonable proximity to the closed school, as determined by the local educational agency, and that are higher-performing than the school that is being closed; (II) shall provide transportation, or shall pay for the provision of transportation, for each such student to the student's new school, consistent with State law and local educational agency policy; (III) shall provide information about high-quality educational options, as well as transition and support services to students, who attended the closed school and the students' parents; and (IV) may use school improvement funds provided under subsection (f) to pay for the expenses of— (aa) transitioning students from the school that is being closed to the new school; (bb) supporting the new school; and (cc) expanding and offering student supports and services within the new school, which may include high-quality prekindergarten programs and services. (C) Flexibility (i) Flexibility for certain local educational agencies Notwithstanding any other provision of this paragraph— (I) a local educational agency that is eligible for services under subpart 1 or 2 of part B of title VI, as determined by the Secretary, may modify not more than 1 of the elements or activities required under subparagraph (A) of a school improvement strategy selected for a school identified under paragraph (4) in order to better meet the needs of students in such school; and (II) a State educational agency may apply to the Secretary for a waiver of clauses (i)(I) and (ii)(I) of subparagraph (B). (ii) State flexibility Notwithstanding any other provision of this paragraph, a State educational agency may, with the approval of the Secretary, establish an alternative State-determined, evidence-based, school improvement strategy that may be used by local educational agencies in the State in addition to the strategies described in subparagraph (B), except that funds provided under this title shall not be used for school vouchers. (D) Public school choice (i) In general In addition to the requirements of subparagraph (A) and the school improvement strategy determined under subparagraph (B) or (C)(ii), a local educational agency shall, not later than 3 months before the first day of the school year following identification as a priority school under paragraph (1), provide all students enrolled in the identified school with the option to transfer to another public school served by the local educational agency that has not been identified under such paragraph, unless such an option is prohibited by State law. (ii) Priority In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest-achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3). (iii) Treatment Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. (iv) Special rule A local educational agency shall permit a child who transfers to another public school under this subparagraph to remain in that school until the child has completed the highest grade in such school. (5) Improvement (A) In general The State educational agency shall no longer identify a school that has been identified as a priority school for any remainder of the school's 3-year identification period if— (i) after 2 years of the 3-year period for which a school is identified as a priority school under paragraph (1), the school has met all of the school's performance targets as described in section 1111(a)(3)(A); or (ii) after 2 years of the 3-year period, the State determines, based on the most current data, that the school's rate of improvement is sufficient to enable the school to meet all of the school's performance targets by the end of the 3-year period. (B) Continued eligibility for school improvement funds If an eligible entity, as defined in subsection (f )(1), was receiving school improvement funds under subsection (f) for a school that improves as described in subparagraph (A), the eligible entity shall continue to receive such grant funds, and use such funds to carry out the grant activities in such school, for the full period of such grant. (6) Repeated classification as a priority school (A) In general For each public school that is identified as a priority school under paragraph (1) for any portion of a 3-year period and is re-identified under such paragraph for the subsequent time period, the local educational agency shall carry out the requirements of this subsection for such subsequent period by implementing, with respect to such school, the restart strategy or school closure strategy under clause (iv) or (v) of paragraph (4)(B). (B) Special rule Notwithstanding subparagraph (A), a local educational agency serving a school described in such paragraph, may, in coordination with the State educational agency and based on a community needs assessment, apply to the Secretary for a waiver to implement another school improvement model not previously used by the local educational agency for the school. (e) Report on professional development funds for priority schools Each local educational agency that receives subgrant funds under this part shall prepare and submit a report to the State educational agency, at the end of each school year, regarding— (1) the local educational agency's use of funds for professional development, as required under section 2123(b), in schools identified as priority schools under subsection (d) that did not receive funds under subsection (f); and (2) any changes in, or effects on, student performance at such schools during such school year. (f) School improvement funds (1) Definitions In this subsection: (A) Eligible entity the term eligible entity (i) a State educational agency; (ii) a local educational agency that receives funds under this part and serves at least 1 eligible school; (iii) a consortium of such local educational agencies; or (iv) an educational service agency that serves at least 1 local educational agency described in clause (ii). (B) Eligible school The term eligible school (2) Allotments to states (A) In general From the funds made available to carry out this subsection under section 3(a)(2) for a fiscal year, the Secretary shall provide States that submit an application described in paragraph (3) with school improvement funds through an allotment, as determined under subparagraph (B) and in addition to the amounts made available to States under subpart 2, to enable the States to award subgrants and carry out the activities described in this subsection to assist eligible schools. (B) Allotments to States From the funds made available to carry out this subsection under section 3(a)(2) for a fiscal year, the Secretary shall allot to each State with an approved application an amount that bears the same relation to such funds as the amount that the State received under subpart 2 for the preceding fiscal year bears to the amount that all States receive under such subpart for such fiscal year. (3) State application A State that desires to receive school improvement funds under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include a description of— (A) the process and the criteria that the State will use to award subgrants under paragraph (5)(A)(i); (B) the process and the criteria the State will use to determine whether the eligible entity's proposal for each eligible school meets the requirements of paragraphs (2) and (4), and subparagraphs (A) and (B) of paragraph (3), of subsection (d); (C) how the State will ensure geographic diversity in making subgrants; (D) how the State will set priorities in awarding subgrants to eligible entities; (E) how the State will monitor and evaluate the implementation of school improvement strategies by eligible entities, including how the State will use the results of the evaluation to improve State strategies for supporting schools identified under subsection (d); and (F) how the State will reduce barriers for schools in the implementation of school improvement strategies, including operational flexibility that would enable complete implementation of the selected school improvement strategy. (4) State administration and technical assistance A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection, which may include activities aimed at building State capacity to support the local educational agency and school improvement, such as providing technical assistance and other support (including regular site visits to monitor implementation of selected school improvement strategies to eligible entities serving eligible schools), either directly or through educational service agencies or other public or private organizations. (5) School improvement activities (A) In general A State that receives school improvement funds under this subsection shall use not less than 95 percent of such allotment to carry out school improvement activities for eligible schools by— (i) awarding subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the activities described in subparagraph (C) for eligible schools; or (ii) if the State chooses and the local educational agency serving an eligible school agrees, directly providing the activities described in subparagraph (C)(ii) to the eligible school and the local educational agency, or arranging for other entities, such as school support teams or educational service agencies, to provide such activities to the school. (B) Subgrants (i) Applications An eligible entity that desires a subgrant under this paragraph shall submit an application to the State at such time, in such manner, and including such information as the State shall require. The application shall include a description of how the eligible entity will carry out the requirements of paragraphs (2) and (4), and subparagraphs (A) and (B) of paragraph (3), of subsection (d) for each eligible school to be served by the grant. (ii) Demonstration of additional responsibilities Each eligible entity that desires a subgrant under this paragraph shall demonstrate in its application that the eligible entity has— (I) adopted human resource policies that prioritize the recruitment, retention, and placement of effective staff in eligible schools; (II) ensured that eligible schools have access to resources to implement the school improvement strategies described in subsection (d)(4), such as facilities, professional development, and technology; (III) identified opportunities to reduce duplication, increase efficiency, and assist eligible schools in complying with reporting requirements of State and Federal programs; (IV) developed an early warning indicator system that monitors school-level data, and alerts the eligible school when a student indicates slowed progress toward high school graduation, so that the school can provide appropriate student interventions; and (V) facilitated alignment and coordination between high-quality early childhood education programs and services serving students who will attend eligible schools that are elementary schools, and teachers and principals of such eligible schools. (iii) Subgrant size A State shall award subgrants under this paragraph of sufficient size to enable subgrant recipients to fully and effectively implement the selected school improvement strategies. (iv) Subgrant period Each subgrant awarded under this paragraph shall be for a 5-year period. (v) Withholding final funding In order for a State to award subgrant funds to an eligible entity for the final 2 years of the subgrant cycle, the eligible entity shall demonstrate that the schools receiving funds under this paragraph have made significant progress on the leading indicators. (C) Use of subgrant funds An eligible entity that receives a subgrant under this paragraph shall use the subgrant funds to— (i) carry out the requirements of subparagraphs (A) and (B) of paragraph (3), and paragraphs (2) and (4), of subsection (d) in an eligible school that has been identified under such subsection as of the date of the grant award, which may include a maximum 1-year planning period; and (ii) carry out activities at the local educational agency level that directly support such implementation, such as— (I) assistance in data collection and analysis; (II) recruiting and retaining staff; (III) teacher and principal evaluation; (IV) professional development; (V) coordination of services to address students’ social, emotional, and health needs; and (VI) progress monitoring. (D) Supplement, not supplant An eligible entity or State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs funded under this subsection. (E) Intervention by State In the case of a State educational agency that has taken over a school or local educational agency, the State may use an amount of funds under this subsection similar to the amount that the school or local educational agency would receive, under this subsection, in order to carry out the activities described in subparagraph (C) for the school and local educational agency, either directly or through an eligible entity designated by the State educational agency. (6) National activities From amounts appropriated and reserved for this paragraph under section 3(a)(2)(B), the Secretary shall carry out the following national activities: (A) Activities focused on building State and local educational agency capacity to turn around eligible schools and schools in rural areas through activities such as— (i) identifying and disseminating effective school improvement strategies, including in rural areas; (ii) making available targeted technical assistance, including planning and implementation tools; and (iii) expanding the availability of turnaround partners capable of assisting in turning around eligible schools, including in rural areas. (B) Activities focused on building capacity to turn around eligible schools, including in rural areas. (C) The use of data, research, and evaluation to— (i) identify schools that are implementing school improvement strategies effectively; (ii) identify effective school improvement strategies; and (iii) collect and disseminate that information to States and local educational agencies in a manner that facilitates replication of effective practices. (D) Other activities designed to support State and local efforts to improve eligible schools. (7) Evaluation The Director of the Institute of Education Sciences shall conduct an evaluation of the programs carried out under this subsection. (g) Construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. . 1117. Qualifications for teachers and paraprofessionals Subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. (1) by striking section 1117; (2) by redesignating section 1119 as section 1117, and moving it so as to precede section 1118; (3) by redesignating sections 1120, 1120A, and 1120B as sections 1119, 1120, and 1120A, respectively; and (4) in section 1117, as redesignated by paragraph (2)— (A) by striking subsections (a) and (b) and inserting the following: (a) Teacher qualifications (1) In general Except as provided in paragraph (2), each local educational agency receiving assistance under this part shall ensure that all teachers teaching a core academic subject in a program supported with funds under this part are highly qualified teachers and are certified in the subject area in which the teachers are assigned to teach. (2) Exception Each local educational agency located in a State in which the State has fully implemented a professional growth and improvement system shall only be required to comply with the requirements under paragraph (1) as they relate to new teachers. (3) Special rule for small, rural, or remote schools In the case of a local educational agency that is unable to provide a highly qualified teacher to serve as an on-site classroom teacher for a core academic subject in a small, rural, or remote school, the local educational agency may meet the requirements of this section by using distance learning to provide such instruction by a teacher who is a highly qualified teacher for purposes of the core academic subject, as long as— (A) the teacher who is a highly qualified teacher in the core academic subject— (i) is responsible for providing at least 50 percent of the direct instruction in the core academic subject through distance learning; (ii) is responsible for monitoring student progress; and (iii) is the teacher who assigns the students their grades; and (B) an on-site teacher who is a highly qualified teacher for a subject other the core academic subject taught through distance learning is present in the classroom throughout the period of distance learning and provides supporting instruction and assistance to the students. (b) Qualifications for American Indian, Alaska Native, or Native Hawaiian language, culture, or history teachers (1) Language or culture (A) In general Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies with respect to highly qualified teachers shall not apply to a teacher of American Indian, Alaska Native, or Native Hawaiian language or culture, whether the teacher is teaching on a permanent, part-time, or occasional basis. (B) Competency A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (2) History (A) In general Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies with respect to highly qualified teachers, shall not apply to a teacher who is a Native elder or other authority on American Indian, Alaska Native, or Native Hawaiian history and who provides instruction in such subject, whether on a part-time or occasional basis. (B) Competency A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ; (B) in subsection (c)(1), by striking hired after the date of enactment of the No Child Left Behind Act of 2001 and (C) by striking subsections (d) and (l); (D) by redesignating subsections (e), (f), (g), (h), (i), (j), and (k), as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (E) in subsection (d), as redesignated by subparagraph (D), by striking Subsections (c) and (d) Subsection (c) (F) by striking subsection (i), as redesignated by subparagraph (D), and inserting the following: (i) Special rule A State educational agency may not require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part. . 1118. Parent and family engagement Section 1118 ( 20 U.S.C. 6318 1118. Parent and family engagement (a) Local educational agency parent and family engagement assessment and plan (1) In general In order to increase student academic achievement and improve child development, a local educational agency may receive funds under this part only if such agency develops and implements a strategic, evidence-based plan to support meaningful engagement of parents and family members in education (referred to in this section as the parent and family engagement plan (A) based on a needs assessment of parents and family members, school instructional and leadership personnel, and community leaders, conducted to inform the development of the plan; and (B) be developed and implemented through meaningful consultation with— (i) parents and family members of participating children; (ii) youth who have graduated from schools that are part of the local educational agency; (iii) as applicable, employers, business leaders, and philanthropic organizations; (iv) other members of the community who are committed to increasing student academic achievement and improving child development; (v) to the greatest extent practicable, individuals with expertise in effectively engaging parents and family members in education; and (vi) organizations that have a demonstrated record of effectiveness in assisting students in becoming college and career ready, as determined in accordance with the State academic content standards under section 1111(a)(1). (2) Annual survey A local educational agency described in paragraph (1) shall, on an annual basis, conduct a survey, through electronic means to the extent practicable, including delivery through mobile devices, of all parents, family members, and all school instructional and leadership personnel, to— (A) determine the needs of parents and family members, in order to assist with the learning of their children and engage with school personnel, including all teachers of their children; (B) identify strategies to support school-family interactions, including identifying and addressing the barriers to effective parental involvement in a manner responsive to the cultural and language needs of such parents; (C) determine the level of parent and family engagement in each respondent’s respective school and the level of engagement of school leaders with parent and family members; (D) identify perceived and actual barriers to the activities described in subparagraph (A); and (E) determine the perceptions about the school's conditions for learning. (3) Parent and family engagement plan (A) Development Based on the results of the survey described in paragraph (2), each local educational agency receiving funds under this part shall develop and implement an annual parent and family engagement plan jointly with the parents and family members of participating children and, where applicable, with a parent advisory committee that represents the entire school district. Such plan shall— (i) be designed to foster the engagement of parents and other family members and school instructional and leadership personnel; (ii) be designed to integrate such engagement into the practice of all the local educational agency's schools that are served under this part; (iii) establish parent engagement goals for the local educational agency and such schools; and (iv) establish annual quantifiable performance benchmarks for such goals, which shall require continual progress toward the achievement of such goals. (B) Additional elements The parent and family engagement plan shall— (i) establish the school’s expectations for, and commitment to support, meaningful, evidence-based, parent and family engagement strategies; (ii) describe the process through which the school will equip parents and family members, with particular attention to economically disadvantaged parents and family members, to— (I) act in partnership with local educational agency and school personnel to improve the academic achievement and development of their children; and (II) participate in school improvement strategies; (iii) describe how the local educational agency will provide the coordination, technical assistance, and other support and conditions necessary to assist participating schools in planning and implementing effective parent and family engagement strategies, such as— (I) making facilities of the local educational agency available, as appropriate; (II) making compensatory time available for educators to conduct home visits; (III) establishing co-location with public assistance programs; (IV) encouraging the implementation of community school models and related activities; and (V) utilizing the expertise of, and developing strategies with, organizations that have a demonstrated track record of success in supporting parent and family engagement; (iv) provide for not less than 1 school-wide meeting during each academic year, at a convenient time, to which parents and family members of participating children shall be invited and encouraged to attend, in order to— (I) review the parent and family engagement plan; (II) inform parents and family members of opportunities for engagement in their child's education; and (III) explain to parents and family members the right of the parents and family members to be involved, and the benefits of meaningful engagement; (v) provide parents with an opportunity to develop the knowledge and skills to engage in full partnerships with school instructional and leadership staff of the school in the education of their children; (vi) provide for professional development and other evidence-based support to school instructional and leadership personnel regarding effective parent and family engagement; (vii) to the extent feasible and appropriate, coordinate and integrate parent and family engagement programs and strategies with other Federal, State, and local programs; (viii) provide information to school personnel, students, and parents about the school's use of positive behavioral interventions and supports, school-based mental health programs, and the expectations of school personnel, students, and parents in supporting a safe learning environment for all students; and (ix) describe how the local educational agency will coordinate with parent and family information and resource centers established under part H of title IV. (b) Annual review of performance benchmarks Each year, each local educational agency described in subsection (a), each school served under this part, and the parent advisory board established under subsection (g) shall collaboratively review the benchmarks for each of the goals established under subsection (a)(3)(A). Based on the review— (1) if a local educational agency has met or made continual progress toward meeting, its annual benchmarks in such year, the local educational agency will continue to implement the parent and family engagement plan; (2) if the local educational agency has not met or made continual progress toward meeting its annual benchmarks in such year, the local educational agency and parent advisory board shall jointly determine the cause after taking into the account the results of the end-of-the-year survey described in subsection (c); and (3) the local educational agency shall publicly report on whether the agency has met or made continual progress toward meeting such benchmarks, and the degree to which the benchmarks were met. (c) End-of-the-year survey As part of the review described in subsection (b), a local educational agency shall conduct an end-of-the-year survey of parents and school instructional and leadership personnel, including parents and personnel who participated in the survey described in subsection (a)(2), to determine whether the needs of parents and personnel were met through the implementation of the plan. (d) Revision of plan The local educational agency and the parent advisory board established under subsection (g) shall address the causes described in subsection (b)(2) and the results of the survey in subsection (c) in the development or revision of the parent and family engagement plan. (e) Reservation and use of funds (1) In general Each local educational agency shall reserve not less than 2 percent of such agency's allocation under subpart 2 to assist schools in carrying out the activities described in this section, subject to paragraph (2). (2) Exception The reservation requirement under paragraph (1) shall not apply if 1 percent of the local educational agency's allocation under subpart 2 for the fiscal year for which the determination is made is equal to or less than $5,000. (3) Distribution of funds (A) In general A local educational agency shall— (i) distribute not less than 75 percent of funds reserved under paragraph (1) to schools served under this part; and (ii) use not more than 20 percent of such funds for parent and family engagement activities at the local educational agency level. (B) Priority In allocating the funds described in subparagraph (A), each local educational agency shall give priority to high-need schools. (4) Use of funds Funds reserved under paragraph (1) may be used to carry out activities and strategies consistent with the parent and family engagement plan described in subsection (a), including not less than 1 of the following: (A) Designating or establishing a dedicated office or dedicated personnel for parent and family engagement. (B) Providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, school leaders, early childhood educators, and parents and family members. (C) Providing adult education and literacy activities, as defined in section 203 of the Adult Education and Family Literacy Act. (D) Supporting home visitation programs. (E) Engaging in other evidence-based or promising strategies for improving and increasing parent and family engagement, which may include family and student supports, as defined in section 4703. (F) Disseminating information on best practices (such as implementation, replication, impact studies, and evaluations) focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members. (G) Contracting with experienced parent organizations to assist with training and other activities under this section. (H) Collaborating, or providing subgrants to schools to enable the schools to collaborate, with community-based organizations, or employers, with a demonstrated track record of success in improving and increasing student academic achievement and parent and family engagement to— (i) enhance student achievement and development through greater engagement with children, such as experiential learning opportunities and internships; (ii) increase opportunities for such organizations and employers to support family engagement activities, including by offering family engagement training and supporting adult education and family literacy programs; and (iii) expand the role of the school as a community resource, such as by using facilities for community events, meetings, career or health fairs, or adult education and family literacy activities. (f) Accessibility In carrying out the parent and family engagement requirements of this part, local educational agencies and schools, to the greatest extent practicable, shall provide opportunities for the full and informed participation of parents and family members (including parents and family members with disabilities), including providing information and school reports in a format and, to the greatest extent practicable, in a language such parents can understand. (g) Parent advisory board Each local educational agency described in subsection (a) shall establish a parent advisory board for the purposes of developing, revising, and reviewing the parent and family engagement plan. Such board shall— (1) consist of a sufficient number of parents of children attending the local educational agency's schools served under this part to adequately represent the interests and needs of parents at the local educational agency; (2) meet multiple times throughout the school year; and (3) be representative of the population served by the local educational agency. . 1119. Technical correction regarding complaint process for section 1119 Section 1119(c)(2) ( 20 U.S.C. 6320(c)(2) 9505 9503 1120. Comparability of services Section 1120 ( 20 U.S.C. 6321 (1) in subsection (a), by striking “involved”; and (2) by striking subsection (c) and inserting the following: (c) Comparability (1) In General (A) Comparability Beginning for the 2015–2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) in each school served under this part, in the most recent year for which such data were available, are not less than the average combined State and local per-pupil expenditures for those schools that are not served under this part. (B) Alternative comparability If the local educational agency is serving all of the schools under its jurisdiction under this part, the agency shall demonstrate to the State educational agency that the average combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) for its high-poverty schools, in the most recent year for which such data are available, were not less than the average combined State and local per-pupil expenditures for its low-poverty schools. (C) Basis A local educational agency may meet the requirements of subparagraphs (A) and (B) on a local educational agency-wide basis or a grade-span by grade-span basis. (D) Exclusion of funds (i) In general For the purpose of complying with this paragraph, a local educational agency shall exclude any State or local funds expended in any school for— (I) excess costs of providing services to English learners; (II) excess costs of providing services to children with disabilities; (III) capital expenditures; and (IV) such other expenditures as the Secretary determines appropriate. (ii) Changes after the beginning of the school year A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining compliance under this subsection. (2) Documentation A local educational agency shall demonstrate that it is meeting the requirements of paragraph (1) by submitting to the State educational agency the per-pupil expenditures, personnel expenditures, non-personnel expenditures, and total expenditures for each school served by the local educational agency. (3) Inapplicability This subsection shall not apply to a local educational agency that does not have more than 1 building for each grade span. (4) Process and procedures (A) Local educational agency responsibilities Each local educational agency assisted under this part shall, by October 31, 2016, report to the State educational agency on its compliance with the requirements of this subsection for the preceding school year, including a listing, by school, of actual combined per-pupil State and local personnel and non-personnel expenditures. (B) State educational agency responsibilities Each State educational agency assisted under this part shall ensure that such information is made publicly available by the State or the local educational agency, including the school by school listing described in subparagraph (A). (C) Plan A local educational agency that does not meet the requirements of this subsection in any year shall develop and implement a plan to ensure compliance for the subsequent school year and may be required by the State educational agency to report on its progress in implementing such plan. (5) Transition provisions (A) School years preceding the 2015–2016 school year For school years preceding the 2015–2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the local educational agency meets the requirements of this subsection, as in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (B) Transition between requirements The Secretary shall take such steps as are necessary to provide for the orderly transition between the requirements under this section, as in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (6) Rule of construction Nothing in this subsection shall be construed to require a local educational agency to transfer school personnel in order to comply with this subsection. (7) Comparable requirements In the case of a State, State educational agency, or local educational agency that has, before the date of enactment of the Strengthening America's Schools Act of 2013 . 1121. Coordination requirements Section 1120A ( 20 U.S.C. 6322 1120A. Coordination requirements (a) In general Each local educational agency receiving assistance under this part shall carry out the activities described in subsection (b) with Head Start agencies (consistent with section 642(e)(5) of the Head Start Act ( 42 U.S.C. 9801(e)(5) (b) Activities The activities and services referred to in subsection (a) include— (1) developing and implementing a systematic procedure for transferring, with parental consent, early childhood program records for each participating child to the school in which such child will enroll; (2) establishing ongoing communication between early childhood program staff and their counterparts in the schools (including teachers, principals, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, and health staff) to facilitate the coordination and alignment of programs; (3) establishing ongoing communications between the early childhood program and the local educational agency for developing continuity of developmentally appropriate instructional programs and shared expectations for children’s learning and development as children transition to school; (4) organizing and participating in joint training, including transition-related training for school staff and early childhood programs; (5) establishing comprehensive transition policies and procedures that support the school readiness of children transitioning to school; (6) conducting outreach to parents, families, and elementary school teachers to discuss the educational, developmental, and other needs of children entering school; (7) helping parents of children who are English learners understand— (A) the instructional and other services provided by the school in which such child will enroll after participation in a Head Start program or other Federal early childhood care and education program; and (B) as appropriate, the information provided to parents of English learners under section 3202; (8) helping parents understand the instructional and other services provided by the school in which their child will enroll after participation in a Head Start program or other Federal early childhood care and education program; and (9) developing and implementing a system to increase program participation of underserved populations of eligible children, especially children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. . 1122. Grants for the outlying areas and the Secretary of the Interior Section 1121 ( 20 U.S.C. 6331 (1) in subsection (a), by striking section 1002(a) and 1125A(f) paragraphs (1) and (3) of section 3(a) (2) in subsection (b)(3)— (A) in subparagraph (A), by striking and freely associated States (B) in subparagraph (C)(ii), by striking challenging State academic content standards college and career ready State academic content standards under section 1111(a)(1) (3) by striking subsection (c) and inserting the following: (c) Definition of outlying area As used in subsections (a) and (b), the term outlying area . 1123. Allocations to States Section 1122(a) ( 20 U.S.C. 6332(a) section 1002(a) to carry out this part for each of fiscal years 2002–2007 section 3(a)(1) to carry out this part for each of fiscal years 2014 through 2019 1124. Education finance incentive grant program Section 1125A (20 U.S.C. 6337) is amended— (1) in subsection (a), by striking subsection (f) section 3(a)(3), (2) in subsection (b)(1)(A), by striking subsection (f) section 3(a)(3) (3) by striking subsection (f); and (4) by redesignating subsection (g) as subsection (f). 1125. Blue ribbon schools; centers for excellence in early childhood Part A of title I ( 20 U.S.C. 6301 et seq. 3 Blue ribbon schools; centers for excellence in early childhood 1131. Blue ribbon schools (a) Program purpose It is the purpose of this section to assist States and local educational agencies in identifying and rewarding high-performing public schools. (b) Blue ribbon schools (1) Identification of blue ribbon schools Each State receiving a grant under subpart 2 may— (A) define the category of blue ribbon schools, consistent with paragraph (2), for the State as part of its State plan in section 1111(b); and (B) identify, for each school year, the schools in the State that are blue ribbon schools for such year. (2) Blue ribbon school criteria (A) In general If a State elects to carry out this subsection, the State’s blue ribbon schools shall consist of the highest 5 percent of the State's public elementary schools and secondary schools, as designated by the State based on— (i) the percentage of proficient or advanced students, as determined under section 1111(a)(3)(B)(ii), in English or language arts, and mathematics; (ii) in the case of high schools, the school’s graduation rates; (iii) the performance of each category of students described in section 1111(a)(3)(D); (iv) the percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth as described in section 1111(a)(3)(B)(iii); and (v) school gains. (B) Noneligibility for blue ribbon status A school identified under subsection (c) or (d) of section 1116 for a year shall not be eligible for blue ribbon school status for the same year. (c) Rewards (1) In general Each State that defines and identifies blue ribbon schools under subsection (b)(1) for a school year may— (A) provide each blue ribbon school in the State with increased autonomy over the school’s budget, staffing, and time; (B) allow each blue ribbon school to have flexibility in the use of any funds provided to the school under this Act for any purpose allowed under this Act (notwithstanding any other provision of this Act), as long as such use is consistent with the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 (C) reserve not more than .5 percent of the funds allotted to the State under subpart 2 and use such reserved amounts to distribute rewards, on a competitive basis, to local educational agencies that serve 1 or more blue ribbon schools identified under subsection (b) that receive funds under subpart 2 to enable the local educational agencies to provide awards to such blue ribbon schools that receive funds under such subpart. (2) Use of rewards As a condition of receiving an award from a local educational agency under this subsection, a blue ribbon school shall agree to use the award funds to— (A) improve student achievement; and (B) provide technical assistance to the lowest-achieving schools in the closest geographic region of the State to the blue ribbon school, in accordance with the State plan under section 1111(b)(1)(F). 1132. Centers of excellence in early childhood (a) Definition of eligible early childhood education program In this section, the term eligible early childhood education program (1) serves young children from households that would be eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (2) is nominated, by the Governor of the State in which the program is located and through a competitive selection process, to be a center of excellence in early childhood under this section. (b) Program authorized (1) In general The Secretary of Education, acting jointly with the Secretary of Health and Human Services as provided in paragraph (2), shall, subject to the availability of funds under section 3(b)(4), establish a program under which the Secretary shall— (A) designate exemplary eligible early childhood education programs as centers of excellence in early childhood for the purposes of sharing best practices among early childhood education programs and to support or recognize the centers of excellence to improve the quality of care in programs in their local region; and (B) award bonus grants to each center of excellence in early childhood, to enable the center to carry out the activities described in subsection (e). (2) Federal administration (A) In general With respect to this section, the Secretary shall bear responsibility for obligating and disbursing funds and ensuring compliance with applicable laws and administrative requirements, subject to subparagraph (B). (B) Interagency agreement The Secretary of Education and the Secretary of Health and Human Services shall jointly administer activities supported under this subsection on such terms as such secretaries shall set forth in an interagency agreement. (c) Application (1) In general In order to be eligible to be designated as a center of excellence in early childhood under subsection (b), an eligible early childhood education program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents At a minimum, the application shall include— (A) evidence that the eligible early childhood education program has significantly improved the school readiness, as determined by the Secretaries, of young children who have participated in the program; (B) evidence that the eligible early childhood education program demonstrates improved child outcomes across all the essential domains of school readiness; (C) evidence that the eligible early childhood education program has high staff qualifications that are designed to promote the social, emotional, physical, and cognitive development of children; (D) an assurance that the eligible early childhood education program will develop a collaborative partnership with other providers of early childhood education in the local community involved to conduct activities under subsection (e); (E) a nomination letter, from the Governor of the State in which the eligible early childhood education program is located, demonstrating the eligible early childhood education program's ability to— (i) provide the coordination, transition, and training services of the activities proposed to be carried out under the bonus grant, including the coordination of such activities with State and local agencies that provide early childhood education and development to young children and families in the community served by the eligible early childhood education program; and (ii) carry out the activities described in subsection (e)(1); and (F) a description of how the early childhood program, in order to expand accessibility and continuity of quality early childhood education and development services and programs, will coordinate activities under subsection (e) with— (i) programs serving children assisted under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. (ii) the temporary assistance for needy families program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (iii) the block grants to State for social services program funded under subtitle A of title XX of the Social Security Act ( 42 U.S.C. 1397 et seq. (iv) child care programs supported directly through the Community Services Block Grant; (v) the Head Start and Early Head Start programs carried out under Head Start Act; (vi) programs supported by grants under part I of title IV; (vii) other preschool programs supported under this title; (viii) programs carried out under section 619 and part C of the Individuals with Disabilities Education Act; (ix) State prekindergarten programs; (x) programs that support parent and family engagement, including programs funded under section 1118 or, if applicable, grantees supported through parent and family information and resource center grants under part H of title IV; and (xi) other programs of early childhood education and development; and (G) a description of how the early childhood education program, if selected as a center for excellence in early childhood, will work with the local educational agency of the area in which the program is located, to— (i) provide for effective transitions between the program and elementary schools; and (ii) to facilitate ongoing communication between the program and elementary school teachers concerning young children participating in the program to improve the teachers' ability to work effectively with low-income, at-risk young children and their families. (d) Designation and bonus grants (1) In general For each 5-year term described in paragraph (2), the Secretary shall— (A) select and designate, as centers of excellence in early childhood, not less than 1 early childhood education program from each of the several States of the United States, the District of Columbia, Commonwealth of Puerto Rico, and each of the outlying areas from which the Secretary has received applications; and (B) award each center of excellence in early childhood a bonus grant for the 5-year term, subject to paragraph (2)(B). (2) Term of designation (A) In general Subject to subparagraph (B), the Secretary shall designate each early childhood education program as a center of excellence in early childhood under paragraph (1) for a 5-year term. During the period of that designation, the program shall receive a bonus grant under subsection (b). (B) Revocation The Secretary may revoke a program’s grant and designation under subparagraph (A) if the Secretary determines that the program has not made substantial progress in meeting the goals and objectives of the grant. (3) Bonus grant amount (A) Minimum amount of bonus grant Subject to the availability of appropriations, each bonus grant awarded under this subsection shall be in an amount of not less than $200,000 per year. (B) Priority for increased bonus grant funding In determining the amount of the bonus grant for a center of excellence in early childhood under this section, and subject to the requirements of subparagraph (A), the Secretary— (i) shall give priority to centers that, through their applications, demonstrate that their programs are of exceptional quality and would serve as exemplary models for programs in the same geographic region; and (ii) may give consideration to— (I) the populations served by the centers, such as centers that serve large proportions of young children who are English learners, children who are infants or toddlers with disabilities, as defined in 632 of the Individuals with Disabilities Education Act, children with disabilities who are eligible for services under section 619 of such Act, homeless children, foster children, or children who receive child protective services, or young children of other underserved populations; and (II) centers that do an exceptional job meeting the needs of young children in such populations. (e) Use of bonus grant funds A center of excellence in early childhood that receives a bonus grant under this subsection shall— (1) use not less than 15 percent of the funds made available through the grant to disseminate to other early childhood education programs in the State involved (including to early childhood education programs who serve young children who live on tribal lands or come from families who engage in seasonal or migrant work), best practices for achieving early academic success, including— (A) best practices for achieving school readiness, including developing early literacy and mathematics skills; (B) best practices for achieving the acquisition of the English language for English learners, if appropriate to the population served; (C) best practices for providing high-quality comprehensive services, if applicable, for participating young children and their families; and (D) best practices for facilitating the social and emotional development of children and young children; and (2) use the remainder of such funds for not less than 2 of the following activities: (A) In the case of a center of excellence that is a Head Start program, providing Head Start services to additional eligible young children. (B) Extending the services of the center of excellence to provide full-day, full-week, or full-year care to young children served by the program, if appropriate to better meet the needs of working families in the community served by the center. (C) Further coordinating early childhood education programs and services and social services available in the community served by the center for at-risk young children, their families, and pregnant women. (D) Providing professional development for program instructional and support staff, including joint training for with child care providers, public preschool and elementary school teachers and school leaders, and other providers of early childhood education and development programs. (E) Developing or maintaining partnerships with institutions of higher education and nonprofit organizations, including community-based organizations, that recruit, train, place, and support postsecondary education students to serve as mentors and reading partners to preschool children in centers that serve such children. (F) Carrying out other activities determined by the center to improve the overall quality of the center's early childhood education program and for which there is evidence that the activities will lead to improved safety, development, well-being, or school readiness of the young children served by the program. (G) Sharing best practices concerning the transition of children into elementary school. (f) Reports to the Secretary Each center of excellence in early childhood that receives bonus grant funds under this section shall submit an annual report to the Secretary, at such time and in such manner as the Secretary may require, that contains a description of the activities the center carried out with funds received under this section, including a description of how such funds improved services for young children and families. (g) Research and technical assistance From the funds made available to carry out this section, the Secretary may reserve not more than 1 percent of such funds to carry out the following activities: (1) Supporting a research collaborative among the Institute of Education Sciences, the National Institute of Child Health and Human Development, the Office of Planning, Research, and Evaluation within the Administration for Children and Families of the Department of Health and Human Services, and, as appropriate, other Federal entities, to support research on early learning that can inform improved State and other standards and licensing requirements and improved outcomes for young children, which collaborative shall— (A) biennially prepare and publish for public comment a detailed research plan; (B) support early learning research activities that could include determining— (i) the characteristics of early learning programs that produce positive developmental outcomes for young children; (ii) the effects of program quality standards on child outcomes; (iii) the relationships between specific interventions and types of child and family outcomes; (iv) the effectiveness of early learning provider training in raising program quality and improving child outcomes; (v) the effectiveness of professional development strategies in raising program quality and improving child outcomes; and (vi) how to improve the school readiness outcomes of young children who are English learners, children with special needs, and homeless children, including evaluation of professional development programs for working with such children; and (C) disseminate relevant research findings and best practices. (2) Evaluating barriers to improving the quality of early learning programs serving low-income young children, including evaluating barriers to successful interagency collaboration and coordination, by conducting a review of the statewide strategic reports developed by State Advisory Councils on Early Childhood Education and Care and other relevant reports, reporting the findings of such review to Congress, and disseminating relevant research findings and best practices. 1133. Green ribbon schools The Secretary is authorized to identify and recognize exemplary schools, programs, and individuals. Such recognitions may include— (1) a Green Ribbon Schools program, such as the Green Ribbons School program carried out by the Secretary under section 5411(b)(5) as of the day before the date of enactment of the Strengthening America's Schools Act of 2013 (2) an award program recognizing excellence exhibited by classified school employees in the public school system. . 1126. Grants for State assessments and related activities Part A of title I ( 20 U.S.C. 6301 et seq. 4 Grants for State assessments and related activities 1141. Grants for State assessments and related activities (a) Grants for State assessments From amounts made available under subsection (c)(1) to carry out this subsection, the Secretary shall make grants to States— (1) to enable States to pay the costs of developing, improving, or administering State assessments and standards consistent with section 1111(a), which may include the cost of working in voluntary partnerships with other States, at the sole discretion of each such State; and (2) in the case of States that have developed the assessments and standards consistent with the requirements of section 1111(a), to enable each such State— (A) to administer such assessments; or (B) to carry out other activities described in this section, which may include— (i) developing college and career ready State academic content and student academic achievement standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(a); (ii) developing or improving assessments of English language proficiency necessary to comply with section 1111(a)(2)(D); (iii) developing multiple measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, and elicit complex student demonstrations or applications of knowledge and skills to increase the reliability and validity of State assessment systems; (iv) developing, enhancing, or administering, in publicly funded early childhood education programs and elementary schools, early learning assessments (including accommodations to provide access for young children with disabilities) to improve instruction for young children; (v) strengthening the capacity of local educational agencies and schools to provide all students with the opportunity to increase educational achievement, including carrying out professional development activities aligned with State student academic achievement standards and assessments; (vi) expanding the range, and improving the quality, of accommodations available to English learners and students with disabilities to improve the use of such accommodations, including professional development activities; (vii) improving the dissemination of information about student achievement and school performance to parents and families, including the development of information and reporting systems designed to— (I) identify best educational practices based on scientifically valid research; or (II) assist in linking records of student achievement, length of enrollment, and graduation over time; (viii) providing instructional supports, which may include formative assessments; (ix) developing computer adaptive assessments that meet the requirements of section 1111(a); (x) developing alternate assessments, as described in section 1111(a)(2)(E), aligned to alternate achievement standards; and (xi) providing professional development to local educational agency staff to transition between assessment systems, including technology for that purpose. (b) Grants for enhanced assessment systems (1) Grant program authorized From amounts made available under subsection (c)(2) to carry out this subsection, the Secretary shall award, on a competitive basis, grants to State educational agencies to enable the State educational agencies to carry out the activities described in paragraph (3). (2) Application Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (3) Authorized activities Each State educational agency that receives a grant under this section shall use the grant funds to— (A) enable States, or a consortia of States, to collaborate with institutions of higher education or other organizations or agencies to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(a)(2); (B) measure student academic achievement using multiple measures of student academic achievement from multiple sources, including measures that assess higher-order thinking skills and understanding; (C) chart student progress over time; or (D) evaluate student academic achievement through the development of comprehensive academic assessment instruments. (c) Allotment of appropriated funds (1) In general Except as provided in paragraph (2), for each fiscal year, the Secretary shall use the amount of funds made available for this section for such year or $400,000,000 of such funds, whichever is less, to— (A) reserve one-half of 1 percent for the Bureau of Indian Education; (B) reserve one-half of 1 percent for the outlying areas; and (C) from the amounts remaining after the application of subparagraphs (A) and (B), allocate to each State, for the purposes of carrying out the activities under subsection (a), an amount equal to— (i) $3,000,000; and (ii) with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (2) Special rule for fiscal year 2014 For fiscal year 2014, the Secretary shall use not less than $800,000,000 or, if a lesser amount is made available for this section for such year, such entire lesser amount, to carry out the requirements of paragraph (1). (3) Remainder Any amounts remaining for a fiscal year after the Secretary carries out paragraph (1) shall be made available to award funds under subsection (b) to States according to the quality, needs, and scope of the State application under this section. In determining the grant amount, the Secretary shall ensure that a State's grant shall include an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (4) Definition of State In this section, the term State . B Pathways to college 1201. Improving secondary schools Part B of title I ( 20 U.S.C. 6361 et seq. B Pathways to college 1 Improving secondary schools 1201. Secondary school reform (a) Purposes The purposes of this section are to ensure students graduate from secondary school college and career ready and to increase graduation rates by providing grants to eligible entities to provide schools with the necessary resources to implement innovative and effective secondary school reform strategies. (b) Definitions In this section: (1) Applied learning The term applied learning (A) engages students in opportunities to apply rigorous academic content aligned with college-level expectations to real world experience, through such means as work experience, work-based learning, problem-based learning, or service-learning; and (B) develops students’ cognitive competencies and pertinent employability skills. (2) Chronic absenteeism The term chronic absenteeism (A) 10 percent of the school days per school year; or (B) not less than 20 school days per school year. (3) Competency-based learning model The term competency-based learning model (4) Effective secondary school reform strategies The term effective secondary school reform strategies (5) Eligible entity The term eligible entity (A) 1 or more institutions of higher education; (B) 1 or more employers or industry-related organizations; and (C) 1 or more external partners or qualified intermediaries. (6) Eligible secondary school The term eligible secondary school (A) is eligible for funds under part A; (B) has a graduation rate below 75 percent; (C) does not receive grant funds under section 1116(d); and (D) is identified as low performing based on the State’s accountability system. (7) External partner The term external partner (8) Feeder middle school The term feeder middle school (9) Qualified intermediary The term qualified intermediary (10) Struggling student The term struggling student (A) is at an increased risk for low academic achievement and is unlikely to graduate secondary school within 4 years; or (B) a student who has dropped out of school. (c) Grants authorized (1) In general (A) Reservation From the total amount of funds appropriated to carry out this section for a fiscal year, the Secretary shall reserve— (i) not more than 2.5 percent for national activities, which the Secretary shall use for technical assistance, data collection and dissemination, and evaluation and reporting activities; and (ii) not less than one half of 1 percent for the Bureau of Indian Education for activities consistent with the purposes of this section. (B) Grants From the total amount of funds appropriated to carry out this section for a fiscal year and not reserved under subparagraph (A), the Secretary shall award grants, on a competitive basis, to eligible entities, based on the quality of the applications submitted, of which— (i) not more than 25 percent of grant funds shall be used for activities described in subsection (e)(1); and (ii) not less than 75 percent of grant funds shall be used for activities described in paragraphs (2) and (3) of subsection (e) and subsection (f). (2) Grant duration Grants awarded under this section shall be for a period of 5 years, conditional after 3 years on satisfactory progress on the performance indicators described in subsection (d)(2)(G), as determined by the Secretary. (3) Grant considerations In awarding grants under this section, the Secretary shall give special consideration to applications from eligible entities— (A) serving high-need areas, such as high-poverty or rural local educational agencies; or (B) that demonstrate partnerships with employers to provide students at participating schools with career-related experience or assistance in attaining career-related credentials. (4) Annual report Each eligible entity that receives a grant under this section shall submit to the Secretary an annual report including data on the entity’s progress on the performance indicators described in subsection (d)(2)(G). (d) Application (1) In general An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include, at a minimum, a description of the following: (A) How the eligible entity will use funds awarded under this section to carry out the activities described in subsection (e)(1). (B) The role of each entity that comprises the eligible entity in meeting the purposes of this section, including the external partner’s capacity and record of success in secondary school reform. (C) How the eligible entity will sustain the activities proposed, including the availability of funds from non-Federal sources and coordination with other Federal, State, and local funds. (D) How the eligible entity conducted a comprehensive needs analysis and capacity assessment of the eligible secondary schools served by the eligible entity to identify secondary schools proposed to be served by the grant. The needs analysis and capacity assessment shall include the following: (i) An examination of each secondary school’s data in the aggregate, and disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x), on the following: (I) Graduation rates and characteristics of those students who are not graduating, including such students’ attendance, behavior, expulsion rates, suspension rates, course performance, and credit accumulation rates. (II) Rates of dropout recovery (re-entry). (III) Rates of enrollment and remediation in institutions of higher education, in accordance with section 1111(d)(3)(B)(viii). (IV) The percentage of students who are 2 or more years over-aged or under-credited for their grade level. (ii) An examination of each eligible secondary school and feeder middle school’s data in the aggregate, and disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x), as applicable, on the following: (I) Student academic achievement, including the percentage of students who have on-time credit accumulation at the end of each grade and the percentage of students failing a core, credit-bearing, reading or language arts, science, or mathematics course, or failing 2 or more of any courses. (II) The percentage of students who have an attendance rate lower than 90 percent. (III) Annual rates of expulsions, suspensions, school violence, harassment, and bullying, as defined under State or local laws or policies. (IV) Annual, average credit accumulation. (V) Annual, average attendance rates. (VI) Annual rates of students who move in and out of the school within a school year. (VII) Annual, average rates of enrollment in and completion of advanced coursework, including opportunities to earn postsecondary credit while in high school, such as Advanced Placement and International Baccalaureate courses and exams, dual enrollment, and early college. (VIII) Curriculum alignment with college and career ready standards across all grade levels. (IX) The non-academic barriers that impact student achievement and the available support services to address such barriers. (X) The number and percentage of students who do not transition from grade 8 to grade 9 and who have not transferred to and enrolled in a school outside of the local educational agency within the State or out of the State. (iii) An examination, including a description, of each eligible secondary school’s capacity to implement the school reform activities described under subsection (e)(3), including— (I) the capacity and experience levels of administrative, instructional, and noninstructional staff; (II) the budget, including how Federal, State, and local funds are being spent (as of the time of the assessment) and can be better spent; and (III) the technical assistance, additional resources, and staff necessary to implement the activities identified in subsection (e)(3). (iv) An assessment of the capacity of the eligible entity to provide technical assistance and resources to implement the activities described in subsection (e). (E) The rationale for the strategies chosen to be implemented under subsection (e), including how such strategies will address the needs identified through the needs analysis. (F) How the eligible entity will incorporate students with disabilities, English learners, and struggling students into the activities under subsection (e). (G) The performance indicators and targets the eligible entity will use to assess the effectiveness of the activities implemented under this section including— (i) graduation rates; (ii) dropout recovery (re-entry) rates; (iii) percentage of students with less than a 90 percent attendance rate; (iv) percentage of students who have on-time credit accumulation at the end of each grade and the percentage of students failing a core subject course; (v) rates of expulsions, suspensions, school violence, harassment, and bullying, as defined under State or local laws or policies; (vi) annual, average attendance rates; (vii) annual rates of student mobility; (viii) annual rates of student transfers; (ix) college remediation, enrollment, persistence, and completion rates; and (x) percentage of students successfully— (I) completing Advanced Placement or International Baccalaureate courses; (II) completing rigorous postsecondary education courses while attending a secondary school; or (III) enrolling in and completing, career and technical education, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 National Apprenticeship Act 29 U.S.C. 50 et seq. (e) Required uses of funds (1) In general An eligible entity that receives a grant under this section shall use the grant funds to— (A) implement an early warning indicator system to help high schools and feeder middle schools, served by the eligible entity’s local educational agency, to identify struggling students and create a system of evidence-based interventions, by— (i) identifying and analyzing the academic and non-academic risk factors that most reliably predict dropouts by using longitudinal data of past cohorts of students; (ii) identifying specific indicators of student progress and performance, such as attendance and chronic absenteeism, academic performance in core courses, and credit accumulation, to guide decisionmaking; (iii) identifying or developing a mechanism for regularly collecting and analyzing data about the impact of interventions on the indicators of student progress and performance; (iv) analyzing academic indicators to determine whether students are making sufficient academic growth to graduate secondary school in the standard numbers of years; and (v) identifying and implementing strategies for pairing academic support with integrated student services and case-management interventions for students requiring intensive supports, which may include partnerships with other external partners; (B) provide support and credit recovery opportunities for struggling students, including those who are over-aged and under-credited, at secondary schools served by the eligible entity by offering activities, such as— (i) a flexible school schedule; (ii) competency-based learning models and performance-based assessments; and (iii) the provision of support services; (C) provide dropout recovery or re-entry programs to secondary schools that are designed to encourage and support dropouts returning to an educational system, program, or institution following an extended absence in order to graduate college and career ready; (D) provide evidence-based grade and school transition programs and supports, including through curricula alignment; and (E) provide school leaders, instructional staff, noninstructional staff, students, and families with high-quality, easily accessible and timely information about— (i) secondary school graduation requirements; (ii) postsecondary education application processes; (iii) postsecondary admissions processes and requirements, including public financial aid and other available private scholarship and grant aid opportunities; and (iv) other programs and services for increasing rates of college access and success for students from low-income families. (2) Required use of funds in feeder middle schools An eligible entity that receives a grant under this section shall use the grant funds in feeder middle schools to improve the academic achievement of students and prepare students to graduate college and career ready by— (A) using early warning indicator and intervention systems described in paragraph (1)(A); (B) creating a personalized learning environment; (C) implementing a transition strategy to support the successful transition of students between grades, including encouraging collaboration among elementary, middle, and secondary school grades; (D) providing high-quality professional development opportunities to school leaders, teachers, and other school staff to prepare staff to— (i) address the academic challenges of students in middle grades; (ii) understand the developmental needs of students in the middle grades and how to address those needs in an educational setting; (iii) implement data-driven interventions; and (iv) provide academic guidance to students so that students can graduate on college and career ready; and (E) implementing organizational practices and school schedules that allow for collaborative staff participation, team teaching, and common instructional planning time. (3) Required use of funds in eligible secondary schools An eligible entity that receives a grant under this section shall use the grant funds in eligible secondary schools to implement a comprehensive approach that will— (A) personalize the school experience by taking steps such as— (i) creating opportunities for struggling students to receive personalized instruction, including providing a personalized sequence of instructional content and skills development, and opportunities for credit recovery; (ii) implementing competency-based learning models; and (iii) providing ongoing evaluation of student academic achievement and the necessary supports so that students graduate college and career ready; (B) increase student engagement by providing applied learning opportunities; (C) provide school leaders with autonomy through a flexible budget and staffing authority; (D) implement high-quality, evidence-based professional development for teachers and school leaders, provide increased opportunities for teachers to work collaboratively, and improve instruction; (E) improve curriculum and instruction, by— (i) redesigning academic content and instructional practices to align with high academic standards for all students, the criteria associated with admission to and success in postsecondary education, and the skills necessary to be successful in the workplace; (ii) increasing rigor by providing opportunities to earn postsecondary credit while in high school, including through Advanced Placement or International Baccalaureate courses, dual enrollment, and early college; and (iii) implementing competency-based learning models; (F) strengthen the transition between high school and postsecondary education through activities such as— (i) providing academic and career counseling in student-to-counselor ratios that allow students to make informed decisions about academic and career options; (ii) provide high-quality college and career exploration opportunities including college campus visits; (iii) coordinating secondary and postsecondary support services, and academic calendars, to allow students to visit and take courses at institutions of higher education; and (iv) providing academic and support services, including financial aid counseling for postsecondary education; and (G) implement not less than 1 of the following effective secondary school reform strategies to prepare students for college and a career, and to improve graduation rates: (i) Graduation Promise Academies, which include— (I) 9th grade academies taught by teams of teachers who work with small groups of students; (II) career academies for upper grades; (III) extended learning periods, such as block scheduling, to reduce the number of students for whom teachers are responsible and the number of courses students are taking at any one time; (IV) an after-hours credit recovery program; (V) curriculum coaches who provide high-quality professional development and support; (VI) partnerships among parents, teachers, administrators, community-based organizations, and community members focused on improving student achievement; and (VII) a college-going culture, including student supports and guidance. (ii) Career academies, which implement a college and career ready curriculum that integrates rigorous academics, career and technical education, and experiential learning for high school students in high-skill, high-demand industries, in collaboration with local and regional employers. (iii) Dual enrollment programs that provide dual enrollment opportunities with college credit-bearing courses, including accelerated certificate programs with community colleges or other recognized postsecondary credentials. (iv) Early college high schools that design curricula and sequences of courses in collaboration with teachers from the eligible secondary school and faculty from the partner institution of higher education so that students may simultaneously earn credits towards a high school diploma and either an associate degree or transferable postsecondary education credits toward a postsecondary degree at no cost to students or their families. (f) Allowable uses of funds An eligible entity that receives a grant under this section may use grant funds to— (1) improve parent and family engagement in the educational attainment and achievement of struggling students and dropouts to be college and career ready by— (A) leveraging community-based services and opportunities; and (B) providing parents and families with the necessary information, including data on their child’s academic achievement and how to navigate the public school system; (2) provide extended learning opportunities, by extending the school day, week, or year to increase the total number of school hours to include additional time for instruction in academic subjects and enrichment activities that contribute to a well-rounded education; (3) increase student supports through activities such as student advisories, school counseling opportunities, and one-to-one mentoring; and (4) create smaller learning communities. (g) Matching funds (1) In general An eligible entity that receives a grant under this section shall provide matching funds, from non-Federal sources, in an amount equal to not less than 20 percent of the amount of grant funds awarded in the first 3 years of the grant, not less than 50 percent of the amount awarded in the fourth year of the grant, and not less than 75 percent of the amount awarded in the fifth year of the grant, as applicable. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for a fiscal year for an eligible entity, on a case-by-case basis, if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). (h) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant such funds. 2 Accelerated learning 1221. Purposes The purposes of this subpart are— (1) to raise student academic achievement by— (A) increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; and (B) increasing the number of students attending high-need schools who— (i) enroll and succeed in Advanced Placement or International Baccalaureate courses; and (ii) take Advanced Placement or International Baccalaureate examinations; (2) to increase, and to support statewide and, as applicable, districtwide, efforts to increase the availability of, and enrollment in, Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools; and (3) to provide high-quality professional development for teachers of Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools. 1222. Funding distribution rule From amounts appropriated to carry out this subpart for a fiscal year, the Secretary shall give priority to funding activities under section 1223 and shall distribute any remaining funds under section 1224. 1223. Advanced Placement and International Baccalaureate examination fee program (a) Grants authorized From amounts made available to carry out this subpart for a fiscal year, the Secretary shall award grants to State educational agencies having applications approved under this section to enable the State educational agencies to pay, on behalf of low-income students, part or all of the costs of Advanced Placement or International Baccalaureate examination fees, if the low-income students— (1) are enrolled in an Advanced Placement or International Baccalaureate course; and (2) plan to take an Advanced Placement or International Baccalaureate examination. (b) Award basis In determining the amount of the grant awarded to a State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible to be counted under section 1124(c) in the State in relation to the number of such children so counted in all States. (c) Information dissemination A State educational agency that is awarded a grant under this section shall make publicly available information regarding the availability of Advanced Placement or International Baccalaureate examination fee payments under this section, and shall disseminate such information to eligible secondary school students and parents, including through secondary school teachers and counselors. (d) Applications Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. At a minimum, each State educational agency application shall— (1) describe the Advanced Placement or International Baccalaureate examination fees the State educational agency will pay on behalf of low-income students in the State from grant funds awarded under this section; (2) provide an assurance that any grant funds awarded under this section shall be used only to pay for Advanced Placement or International Baccalaureate examination fees; and (3) contain such information as the Secretary may require to demonstrate that the State educational agency will ensure that a student is eligible for payments authorized under this section, including ensuring that the student is a low-income student. (e) Regulations The Secretary shall prescribe such regulations as are necessary to carry out this section. (f) Report (1) In general Each State educational agency awarded a grant under this section shall, with respect to each Advanced Placement or International Baccalaureate course subject, annually report to the Secretary the following data for the preceding year: (A) The number of students in the State who are taking an Advanced Placement or International Baccalaureate course in such subject. (B) The number of Advanced Placement or International Baccalaureate examinations taken by students in the State who have taken an Advanced Placement or International Baccalaureate course in such subject. (C) The number of students in the State scoring at each level on Advanced Placement or International Baccalaureate examinations in such subject, disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x). (D) Demographic information regarding students in the State taking Advanced Placement or International Baccalaureate courses and Advanced Placement or International Baccalaureate examinations in that subject, disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (2) Report to congress The Secretary shall annually compile the information received from each State educational agency under paragraph (1) and report to the authorizing committees regarding the information. (g) Bureau of Indian Affairs as State educational agency For purposes of this section, the Bureau of Indian Affairs shall be treated as a State educational agency. 1224. Advanced Placement and International Baccalaureate incentive program grants (a) Grants authorized (1) In general From amounts made available to carry out this subpart for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (e). (2) Duration, Renewal, and payments (A) Duration The Secretary shall award a grant under this section for a period of not more than 3 years. (B) Renewal The Secretary may renew a grant awarded under this section for an additional period of not more than 2 years, if an eligible entity— (i) is achieving the objectives of the grant; and (ii) has shown improvement against baseline data on the performance measures described in subparagraphs (A) through (E) of subsection (g)(1). (C) Payments The Secretary shall make grant payments under this section on an annual basis. (b) Definition of eligible entity In this section, the term eligible entity (1) a State educational agency; (2) a high-need local educational agency; or (3) a partnership consisting of— (A) a national, regional, or statewide public or nonprofit organization with expertise and experience in providing Advanced Placement or International Baccalaureate course services; and (B) a State educational agency or a high-need local educational agency. (c) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents The application shall, at a minimum, include a description of— (A) the goals and objectives for the project supported by the grant under this section, including— (i) increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; (ii) increasing the number of Advanced Placement or International Baccalaureate courses that are offered at high-need schools; and (iii) increasing the number of students attending a high-need school, particularly low-income students, who succeed in— (I) Advanced Placement or International Baccalaureate courses; and (II) if offered by the school, pre-Advanced Placement or pre-International Baccalaureate courses; (B) how the eligible entity will ensure that students have access to courses, including pre-Advanced Placement or pre-International Baccalaureate courses, that will prepare students to enroll and succeed in Advanced Placement or International Baccalaureate courses; (C) how the eligible entity will provide professional development for teachers that will further the goals and objectives of the grant project; (D) how the eligible entity will ensure that teachers serving high-need schools are qualified to teach Advanced Placement or International Baccalaureate courses; (E) how the eligible entity will provide for the involvement of business and community organizations and other entities, including institutions of higher education, in carrying out the activities described in subsection (e); (F) how the eligible entity will use funds received under this section; and (G) how the eligible entity will evaluate the outcome of the grant project. (d) Priority In awarding grants under this section, the Secretary shall give priority to applications from eligible entities that— (1) are part of a statewide or districtwide strategy, as applicable, for increasing the availability of Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools; (2) demonstrate a focus on increasing the availability of Advanced Placement or International Baccalaureate courses in core academic subjects; and (3) propose to carry out activities that target high-need schools. (e) Authorized activities (1) In general Each eligible entity that receives a grant under this section shall use the grant funds to carry out activities designed to increase— (A) the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; and (B) the number of students attending high-need schools who succeed in the examinations for such courses, including through reimbursing low-income students attending high-need schools for part or all of the cost of Advanced Placement or International Baccalaureate examination fees. (2) Allowable activities In addition to the activities described in paragraph (1), an eligible entity that receives a grant under this section may use grant funds for— (A) high-quality teacher professional development, in order to expand the pool of teachers in the participating State, high-need local educational agency, or high-need school who are qualified to teach Advanced Placement or International Baccalaureate courses, including through innovative models, such as online academies and training institutes; (B) pre-Advanced Placement or pre-International Baccalaureate teacher and counselor high-quality professional development in secondary school to prepare students for success in Advanced Placement or International Baccalaureate courses and in institutions of higher education; (C) coordination and articulation between grade levels to prepare students to succeed in Advanced Placement or International Baccalaureate courses; (D) purchase of instructional materials for Advanced Placement or International Baccalaureate courses; (E) activities to increase the availability of, and participation in, online Advanced Placement or International Baccalaureate courses; (F) carrying out the requirements of subsection (g); and (G) in the case of an eligible entity described in subsection (b)(1), awarding subgrants to high-need local educational agencies to enable the high-need local educational agencies to carry out authorized activities described in subparagraphs (A) through (F). (f) Contracts An eligible entity that is awarded a grant to provide online Advanced Placement or International Baccalaureate courses under this subpart may enter into a contract with an organization to provide the online Advanced Placement or International Baccalaureate courses, including contracting for necessary support services. (g) Collecting and reporting requirements (1) Report Each eligible entity receiving a grant under this section shall collect and report to the Secretary annually such data regarding the results of the grant as the Secretary may reasonably require, including— (A) the number of students served by the eligible entity enrolling in Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, disaggregated by grade level of the student, and the grades received by such students in the courses; (B) the number of students taking an Advanced Placement or International Baccalaureate examination and the distribution of scores on those examinations, disaggregated by the grade level of the student at the time of examination; (C) the number of teachers who are currently, as of the date of the report, receiving training to teach Advanced Placement or International Baccalaureate courses and will teach such courses in the next school year; (D) the number of teachers becoming qualified to teach Advanced Placement or International Baccalaureate courses; and (E) the number of qualified teachers who are teaching Advanced Placement or International Baccalaureate courses in high-need schools served by the eligible entity. (2) Reporting of data Each eligible entity receiving a grant under this section shall report the data required under paragraph (1)— (A) disaggregated by subject area; (B) in the case of student data, disaggregated in the same manner as information is disaggregated under section 1111(a)(2)(B)(x); and (C) in a manner that allows for an assessment of the effectiveness of the grant program. (h) Evaluation From the amount appropriated for this subpart and reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this section, consistent with section 9601, including progress as measured by the performance measures established under subparagraphs (A) through (E) of subsection (g)(1). (i) Matching requirement (1) In general Subject to paragraph (3), each eligible entity that receives a grant under this section shall provide toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, except that an eligible entity that is a high-need local educational agency shall provide an amount equal to not more than 50 percent of the amount of the grant. (2) Matching Funds The eligible entity may provide the matching funds described in paragraph (1) in cash or in-kind, fairly evaluated, but may not provide more than 50 percent of the matching funds in-kind. The eligible entity may provide the matching funds from State, local, or private sources. (3) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity described in paragraph (1) or (2) of subsection (b), if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). 1225. Supplement, not supplant Grant funds provided under this subpart shall supplement, and not supplant, other non-Federal funds that are available to assist low-income students to pay for the cost of Advanced Placement or International Baccalaureate examination fees or to expand access to Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses. 1226. Definitions In this subpart: (1) High-need school The term high-need school (A) with a demonstrated need for Advanced Placement or International Baccalaureate courses; and (B) that— (i) has a high concentration of low-income students; or (ii) is designated with a school locale code of 33, 41, 42, or 43, as determined by the Secretary. (2) Low-income student The term low-income student . C Education of migratory children 1301. Program purpose Section 1301 ( 20 U.S.C. 6391 1301. Program purpose It is the purpose of this part to assist States in providing high-quality and comprehensive educational programs (including, as appropriate, instructional and educationally related support services), during the regular school year and summer or intersession periods, that address the unique educational needs of migratory children arising from their migratory lifestyle, in order to help such children— (1) succeed in school; (2) meet the same State college and career ready academic content and student academic achievement standards under section 1111(a)(1) that all children are expected to meet; (3) graduate high school ready for postsecondary education and careers; and (4) overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school. . 1302. Program authorized Section 1302 ( 20 U.S.C. 6392 (1) by striking In order to carry out the purpose of this part From the amounts made available under section 3(d) for a fiscal year to carry out this part (2) by striking combinations consortia (3) by striking to establish to enable such agencies or consortia to establish 1303. State allocations Section 1303 ( 20 U.S.C. 6393 (1) by striking subsection (a) and inserting the following: (a) State allocations Except as provided in subsection (b), the amount awarded to each State (other than the Commonwealth of Puerto Rico) under this part for each fiscal year shall be an amount equal to the product of— (1) the sum of— (A) the average number of identified eligible migratory children aged 3 through 21, residing in the State, based on data for the preceding 3 years; and (B) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by (2) 40 percent of the average per-pupil expenditure in the State, except that the amount calculated under this paragraph shall not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States. ; (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (3) by inserting after subsection (a) the following: (b) Hold harmless Notwithstanding subsection (a), for each of fiscal years 2011 through 2013, no State receiving an allocation under this section shall receive less than 90 percent of the State's allocation under this section for the previous year. ; (4) in subsection (c), as redesignated by paragraph (2)— (A) by striking paragraphs (2) and (3); (B) by striking Puerto Rico For each Puerto Rico (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by aligning such paragraphs with the margins of paragraph (1) of subsection (e), as redesignated by paragraph (2); (D) in the matter preceding paragraph (1), as redesignated by subparagraph (C)— (i) by striking which that (ii) by striking subsection (a)(1)(A) subsection (g) (E) in paragraph (1), as redesignated by subparagraph (C)— (i) by striking which that (ii) by inserting , except that the percentage calculated under this paragraph shall not be less than 85 percent (5) in subsection (d), as redesignated by paragraph (2)— (A) in paragraph (1)— (i) by striking In general this part In general (A) Ratable reductions If the amount available for allocations to States under this part ; and (ii) in subparagraph (B), by striking If additional Reallocation (B) in paragraph (2)— (i) by striking Special rule Special rule (A) Further reductions The ; (ii) in subparagraph (A), by striking required under section 1304 needed to carry out the approved activities in the application under section 1304 (iii) in subparagraph (B), by striking The Secretary shall Reallocation (iv) by adding at the end the following: (C) Additional requirements The Secretary— (i) shall— (I) develop and implement a procedure for monitoring the accuracy of the information described in subparagraph (A); and (II) issue, through regulations or guidance, criteria for a system of State quality control for the accuracy of State counts of eligible migratory children; and (ii) may not reduce the amount of a State allocation under this paragraph on the basis of unintentional errors in such counts for States implementing a system of State quality control that meets the criteria described in clause (i)(II), if the discrepancy between the initial State count and any subsequent revisions is minimal. ; (6) in subsection (f), as redesignated by paragraph (2)— (A) in the matter preceding paragraph (1), by inserting best serve migratory children under this part and In order to (B) in paragraph (1), by striking such information as the Secretary finds the most recent information that (C) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (D) by inserting after paragraph (1) the following: (2) develop and implement a procedure for monitoring the accuracy of such information, if such a procedure does not create barriers to the families of migratory children who are eligible for services under this part; ; (E) in paragraph (3), as redesignated by subparagraph (C), by striking develop and implement a procedure for more accurately reflecting update such procedure, and implement the updated procedure, to more accurately reflect the (F) in paragraph (4)(A), as redesignated by subparagraph (C), by inserting of high-quality, sustained, and intensive education services special programs (G) in paragraph (5), as redesignated by subparagraph (C), by striking the child whose education has been interrupted migratory children (7) by adding at the end the following: (g) Nonparticipating States In the case of a State desiring to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such subsection. . 1304. State applications; services Section 1304 ( 20 U.S.C. 6394 (1) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking special unique (II) by inserting and out of school migratory children preschool migratory children (ii) in subparagraph (B)— (I) by striking migrant migratory (II) by striking part A or B of title III part A of title III (B) in paragraph (2)— (i) by striking migratory students migratory children (ii) by striking same challenging standards that same State college and career ready academic content and student academic achievement standards adopted under section 1111(a)(1) that (C) by striking paragraph (6); (D) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; (E) by inserting after paragraph (2) the following: (3) a description of how the State will meet the requirements of section 1308(b) for the timely electronic transfer of student records and how the State will use such records transfer to meet the unique educational needs of migratory students and remove barriers to the proper enrollment and retention of migratory children in schools; ; (F) in paragraph (4), as redesignated by subparagraph (D)— (i) by striking require, the State require and using the linkage system described in section 1308(b), the State and each of its local operating agencies (ii) by striking another another or from 1 school district to another (iii) by striking such move such a move (G) in paragraph (7)— (i) by striking family literacy services family literacy activities (ii) by striking program or project serves programs and projects serve (iii) by striking who have parents who whose parents (iv) by striking the period at the end and inserting ; and (H) by adding at the end the following: (8) such budgetary and other information as the Secretary may require. ; (2) in subsection (c)— (A) in paragraph (2), by striking part I part F (B) by striking paragraph (3) and inserting the following: (3) in the planning and operation of programs and projects at both the State and local agency operating levels, there is consultation with parent advisory councils for programs of not less than 1 school year in duration, and that all such programs and projects are— (A) conducted in a manner that provides for the same parental involvement as is required for programs and projects under section 1118, including, to the extent practicable, descriptions required for parental involvement under section 1118(a)(3)(A), unless extraordinary circumstances make such provision impractical; and (B) are developed in a format and language understandable to the parents; ; (C) in paragraph (4), by inserting and migratory children who are not attending school (D) in paragraph (6), by striking subparagraph (C) and inserting the following: (C) family literacy programs that are determined to be high quality; ; and (E) by striking paragraph (7) and inserting the following: (7) the State has procedures in place to verify the accuracy and completeness of any data regarding the counting of migratory children that is submitted to the Secretary under this part. ; and (3) in subsection (d)— (A) by striking who are failing who have made a move within the previous 1-year period and who— (1) are failing, or most at risk of failing, to meet the State college and career ready academic content standards and student academic achievement standards adopted under section 1111(a)(1); or (2) have dropped out of school. ; and (B) in subsection (e)— (i) in paragraph (2), by striking 1 one (ii) in paragraph (3), by striking secondary school students students 1305. Secretarial approval; peer review Section 1305(b) (20 U.S.C. 6395(b)) is amended by striking may shall, to the extent practicable, 1306. Comprehensive needs assessment and service-delivery plan; authorized activities Section 1306 ( 20 U.S.C. 6396 (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A)— (i) by striking special unique (ii) by inserting , consistent with the purposes of this part, migratory children (B) by striking subparagraph (B); (C) by redesignating subparagraphs (C) through (G) as subparagraphs (E) through (I), respectively; (D) by inserting after subparagraph (A) the following: (B) addresses the unique educational needs of migratory children; (C) is developed in collaboration with parents of migratory children; (D) is not used to supplant State efforts regarding, or administrative funding for, this part; ; (E) in subparagraph (E), as redesignated by subparagraph (C), by striking same challenging standards that same State college and career ready academic content and student academic achievement standards adopted under section 1111(a)(1) that (F) in subparagraph (H), as redesignated by subparagraph (C)— (i) by striking early childhood programs, early childhood education programs, (ii) by striking part A or B of title III part A of title III (2) in subsection (b)— (A) in paragraph (1), by striking local educational local operating (B) by striking paragraph (2) and inserting the following: (2) Unmet needs Funds provided under this part shall be used to meet the needs of migratory children that are not met by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under part A may receive those services through funds provided under that part or through funds under this part that remain after the agency meets the needs described in paragraph (1). ; and (C) in paragraph (4), by striking special educational unique educational 1307. Bypass Section 1307 ( 20 U.S.C. 6397 make arrangements with award grants to, or enter into contracts with, 1308. National activities Section 1308 ( 20 U.S.C. 6398 (1) by striking the section heading and inserting National activities. (2) in subsection (a)— (A) in paragraph (1)— (i) by striking nonprofit entities to improve entities to— (A) improve ; (ii) by inserting through the establishment (iii) by striking the period at the end and inserting ; and (iv) by adding at the end the following: (B) improve the coordination between State educational agencies, local operating agencies, and their counterparts in other nations in educating migratory children who move between the United States and such nations. ; and (B) in paragraph (2), by inserting or contracts Grants (3) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Assistance In order to determine the number of migratory children in each State, the Secretary shall assist each State in maintaining an effective system for the electronic transfer of student records. ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking The Secretary, in consultation may include— The Secretary, in consultation with the States, shall continue to ensure the linkage of migratory child record systems for the purpose of electronically exchanging, within and among the States, health and educational information regarding all migratory children eligible under this part. The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the State prior to, or developed after, the date of enactment of the Strengthening America’s Schools Act of 2013 (II) in clause (ii), by striking section 1111(b) section 1111(a)(2) (ii) by striking subparagraph (B) and inserting the following: (B) Consultation The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on— (i) the effectiveness of the system of electronic records transfer described in subparagraph (A); and (ii) the ongoing improvement of such system. ; and (C) in paragraph (4)— (i) in subparagraph (A)— (I) by striking 2003 2012, and every 2 years thereafter, (II) by striking the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the authorizing committees (ii) in subparagraph (B)— (I) in clause (ii), by striking the development and linkage of maintaining (II) in clause (iii), by striking measures that may be taken to ensure improving (4) by redesignating subsection (c) as subsection (f), and transferring such subsection so as to follow subsection (e); (5) by inserting after subsection (b) the following: (c) Technical assistance The Secretary may provide technical assistance designed to support State efforts to meet the needs of migratory children, which may include supporting the attendance of State and local operating agency staff, and other appropriate individuals, at special meetings convened by the Secretary in order to carry out activities consistent with this section. ; (6) in subsection (d)— (A) by striking , pursuant to criteria that the Secretary shall establish, (B) by striking whose education is interrupted described in section 1304(d) (7) by striking subsection (e) and inserting the following: (e) Improvements and coordination From any funds made available under this section and remaining after carrying out the requirements under subsections (b) and (d), the Secretary, in consultation with the States, may make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, and other public and private nonprofit entities to improve the interstate and intrastate coordination among such agencies’ and entities’ programs available to migratory students consistent with this section, including the establishment or improvement of programs for academic credit accrual and exchange. . 1309. Performance data; evaluations and study; State assistance Part C of title I ( 20 U.S.C. 6391 et seq. (1) by redesignating section 1309 as section 1312; and (2) by inserting after section 1308 the following: 1309. Performance data Consistent with section 1111(d)(3)(B), and in a manner prescribed by the Secretary, each State that receives a grant under this part shall annually submit to the Secretary, and make public, data on— (1) the academic achievement of migratory students, as measured by the State assessments required under section 1111(a)(2); (2) such students' high school graduation rates and rates of enrollment and persistence in, and completion of a program of study at, institutions of higher education; and (3) the results of such other performance measures and targets as the Secretary may prescribe. 1310. Evaluation and study (a) Program evaluation From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601. (b) Study The Secretary shall conduct a pilot study, funded as part of the 2012 National Assessment of Educational Progress, on the feasibility of using the National Assessment of Educational Progress for assessing and reporting on the academic achievement of migratory children in grades 4 and 8 in reading and mathematics. 1311. State assistance in determining number of migratory children Each State that desires to receive assistance under this part shall assist the Secretary in determining the number of migratory children in such State under paragraphs (1) and (2) of subsection (a), and subsection (g), of section 1303 through such procedures as the Secretary may require, except that the Secretary shall not require additional information that is not directly related to determining the migratory status of the child or the administration of this part. . 1310. Definitions Section 1312 ( 20 U.S.C. 6399 (1) by redesignating paragraphs (1) and (2) as paragraphs (3) and (5), respectively; (2) by inserting before paragraph (3), as redesignated by paragraph (1), the following: (1) Food processor The term food processor (2) Initial commercial sale The term initial commercial sale (A) for refining to the next-stage processor; (B) to the wholesaler; (C) to the retailer; or (D) directly to the consumer. ; (3) by inserting after paragraph (3), as redesignated by paragraph (1), the following: (4) Migratory agricultural worker The term migratory agricultural worker (A) made a qualifying move in the preceding 36-month period; and (B) after making such move, sought or engaged in employment in agricultural work, which may be dairy work or the initial processing of raw agricultural products. ; and (4) by striking paragraph (5), as redesignated by paragraph (1), and inserting the following: (5) Migratory child The term migratory child (A) is, or whose parent or spouse is, a migratory agricultural worker or migratory fisher who is currently engaged in, or seeking to obtain, temporary or seasonal employment, usually for not longer than 15 months, in agricultural or fishing work until the point of the initial commercial sale (including employment as a migratory dairy worker, a food processor, or a migratory fisher); and (B) in the preceding 36 months— (i) has moved from 1 school district to another; (ii) in a State that is comprised of a single school district, has moved from 1 administrative area to another within such district; or (iii) resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in, or to accompany a parent or spouse engaging in, a fishing activity. (6) Migratory fisher The term migratory fisher (7) Qualifying move The term qualifying move (A) means— (i) a move from 1 school district to another, or from 1 administrative area to another within a State that is comprised of a single school district; and (ii) in the case of a migratory fisher who resides in a school district of more than 15,000 square miles, includes migrating a distance of 20 miles or more to a temporary residence; and (B) with respect to a qualifying move for a parent or spouse of a migratory child, means a move described in subparagraph (A) that is separated by not more than 1 year from the move or migration described in paragraph (5)(B) of the migratory child. . D Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk 1401. Purpose and program authorization Section 1401 (20 U.S.C. 6421) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking challenging State academic content standards and challenging State student academic achievement standards college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) (B) in paragraph (3), by striking to prevent at-risk youth from dropping out of school, and (2) in subsection (b), by striking 1002(d) 3(e) 1402. Allocation of funds (a) Section 1402 (20 U.S.C. 6422) is amended by inserting after subsection (b) the following: (c) Reservation for the Secretary of the interior From the amount appropriated for this part in any fiscal year, the Secretary shall reserve 0.5 percent to provide assistance to the Secretary of the Interior to provide educational services for at-risk Indian children, including Indian youth in correctional facilities operated by the Secretary of the Interior or by an Indian tribe. . (b) Section 1412(b) ( 20 U.S.C. 6432(b) (2) Minimum percentage The percentage in paragraph (1)(A) shall not be less than 85 percent. . 1403. State plan and State agency applications Section 1414 (20 U.S.C. 6434) is amended— (1) in subsection (a)— (A) in paragraph (1)(B)— (i) by striking from between (ii) by striking to and (B) in paragraph (2)— (i) in subparagraph (A), by striking academic, vocational, and technical skills college and career readiness (as determined based on the State college and career ready academic content and student academic achievement standards under section 1111(a)(1)) (ii) in subparagraph (B), by striking and (C) in subparagraph (C)(iv), by striking the period at the end and inserting ; and (D) by adding at the end the following: (D) provide assurances that the State educational agency has established— (i) procedures to ensure that each student who has been placed in the juvenile justice system is promptly re-enrolled in secondary school or placed in a re-entry program that best meets the educational and social needs of the student; (ii) procedures for facilitating the transfer of credits that such students earned during placement; and (iii) opportunities for such students to participate in higher education or career pathways. ; and (2) in subsection (c)— (A) in paragraph (1)— (i) by inserting and respond to assess (ii) by inserting , including an assessment upon entry into a correctional facility (B) in paragraph (8), by striking vocational career (C) in paragraph (9)— (i) by striking encourage require, to the extent practicable, (ii) by inserting and after prior to (iii) by inserting and that transition plans are in place (D) in paragraph (11)— (i) by inserting such transition of (ii) by striking from between (iii) by striking institution to locally operated institution and locally operated education (E) in paragraph (16)— (i) by inserting and obtain a secondary school diploma reenter school (ii) by inserting that leads to economic self-sufficiency employment (F) in paragraph (17), by inserting certified or licensed teachers 1404. Use of funds Section 1415(a) ( 20 U.S.C. 6435(a) (1) in paragraph (1)(B), by striking vocational career (2) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (i), by striking challenging academic content standards and student academic achievement standards college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) (ii) in clause (iii), by striking challenging such (B) in subparagraph (C)— (i) by striking part I part F (ii) by striking and (C) in subparagraph (D), by striking the period at the end and inserting ; and (D) by adding at the end the following: (E) may include the costs of testing for such children and youth for a recognized equivalent of a secondary school diploma. . 1405. Institution-wide projects Section 1416 ( 20 U.S.C. 6436 (1) in paragraph (3), by striking challenging State academic content standards and student academic achievement standards college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) (2) in paragraph (4)— (A) by striking pupil services specialized instructional support services (B) by inserting and the development and implementation of transition plans (3) in paragraph (6), by inserting and improve assess 1406. Transition services Section 1418(a) ( 20 U.S.C. 6438(a) (1) by striking paragraph (1) and inserting the following: (1) projects that facilitate the transition of children and youth between State-operated institutions, or institutions in the State operated by the Secretary of the Interior or Indian tribes, and schools served by local educational agencies or schools funded by the Bureau of Indian Education; or ; and (2) in paragraph (2), by striking vocational career 1407. Program evaluation Section 1419 is amended to read as follows: 1419. Program evaluation From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute for Education Sciences, shall, in consultation with the relevant program office of the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601. . 1408. Purpose of local agency programs Section 1421 (20 U.S.C. 6451) is amended— (1) in the matter preceding paragraph (1), by inserting , including correctional facilities in the State operated by the Secretary of the Interior and Indian tribes facilities (2) in paragraph (1), by striking , training, employment, or further education and college and career readiness (as determined based on the State college and career ready academic content and student academic achievement standards under section 1111(a)(1)) (3) in paragraph (3), by inserting , including schools funded by the Bureau of Indian Education, schools 1409. Programs operated by local educational agencies Section 1422 (20 U.S.C. 6452) is amended— (1) in subsection (a), by inserting , and including facilities in the State operated by the Secretary of the Interior and Indian tribes. day programs) (2) in subsection (d)— (A) by striking meet the transitional meet the transitional needs (including the social and emotional needs) (B) by striking meeting the transitional meeting such transitional (C) by inserting , schools funded by the Bureau of Indian Education, returning to local educational agencies 1410. Local educational agency applications Section 1423 (20 U.S.C. 6453) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting or, as appropriate, an Indian tribe in the State agency (B) in subparagraph (B), by inserting , including such facilities operated by the Secretary of the Interior and Indian tribes system (2) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; (3) by inserting after paragraph (3) the following: (4) a description of the process of consultation and coordination with Indian tribes in the State regarding services provided under the program to children and youth who are Indian; ; (4) in paragraph (7), as redesignated by paragraph (2), by striking , at-risk children or youth, and other participating children or youth, and at-risk children or youth, (5) in paragraph (9), as redesignated by paragraph (2), by inserting and family members parents (6) in paragraph (10), as redesignated by paragraph (2), by striking vocational career (7) in paragraph (13), as redesignated by paragraph (2), by striking and after the semicolon; (8) in paragraph (14), as redesignated by paragraph (2), by striking the period at the end and inserting ; and (9) by inserting after paragraph (14), as redesignated by (2), the following: (15) a description of the demographics of the children and youth served and an assurance that the activities under this subpart meet the cultural, language, and academic needs of such children and youth. . 1411. Uses of funds Section 1424 ( 20 U.S.C. 6454 (1) in paragraph (2), by striking , including gang members (2) in paragraph (4)— (A) by striking vocational and technical education career and technical education, costs associated with testing for a recognized equivalent of a secondary school diploma (B) by striking and (3) in paragraph (5), by striking the period at the end and inserting ; and (4) by adding at the end the following: (6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes. . 1412. Program requirements for correctional facilities receiving funds under this section Section 1425 ( 20 U.S.C. 6455 (1) in paragraph (9), by striking vocational career (2) in paragraph (10), by striking and (3) in paragraph (11), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (12) develop an initial educational services and transition plan for each child or youth served under this subpart upon entry into the correctional facility, in partnership with the child or youth's family members and the local educational agency that most recently provided services to the child or youth (if applicable), consistent with section 1414(a)(1); and (13) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement. . 1413. Accountability Section 1426 ( 20 U.S.C. 6456 1426. Accountability The State educational agency— (1) shall require correctional facilities or institutions for delinquent children and youth to annually report on the number of children and youth released from the correctional facility or institution who returned or did not return to school, the number of children and youth obtaining a secondary school diploma or its recognized equivalent, and the number of children and youth obtaining employment; and (2) may require correctional facilities or institutions for delinquent children and youth to demonstrate, after receiving assistance under this subpart for 3 years, that there has been an increase in the number of children and youth returning to school, obtaining a secondary school diploma or its recognized equivalent, or obtaining employment after such children and youth are released. . 1414. Program evaluations Section 1431 ( 20 U.S.C. 6471 (1) in the matter preceding subsection (a), by striking State agency or local educational agency State agency, local educational agency, or Indian tribe (2) in subsection (a)— (A) in paragraph (1), by inserting , including the ability to become college and career ready, as determined under the State academic content and student academic achievement standards under section 1111(a)(1), and to graduate high school in the standard number of years (B) in paragraph (3), by inserting or school funded by the Bureau of Indian Education local educational agency (3) in subsection (c), by striking a State agency or local educational agency a State agency, local educational agency, or Indian tribe (4) by striking subsection (d) and inserting the following: (d) Evaluation results (1) In General Each State agency, local educational agency, and Indian tribe shall— (A) submit evaluation results to the State educational agency and the Secretary; and (B) use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth. (2) Results to the Secretary of the Interior Each Indian tribe shall also submit evaluation results to the Secretary of the Interior. . 1415. Definitions Section 1432(2) ( 20 U.S.C. 6472(2) (1) in subsection (a)— (A) by striking or local or Indian tribe (B) in paragraph (3), by inserting or school funded by the Bureau of Indian Education (2) in subsection (c), by inserting or Indian tribe (3) by striking subsection (d) and inserting the following: (d) Evaluation results (1) Each State agency, local educational agency, and Indian tribe shall— (A) submit evaluation results to the State educational agency and the Secretary; and (B) use the results of evaluation sunder this section to plan and improve subsequent programs for participating children and youth. (2) Each Indian tribe shall also submit evaluation results to the Secretary of the Interior. . E Educational stability of children in foster care 1501. Educational stability of children in foster care (a) In general Part E of title I ( 20 U.S.C. 6491 et seq. E Educational stability of children in foster care 1501. Educational stability of children in foster care (a) Obligations To collaborate with child welfare agencies (1) In general Each State educational agency receiving assistance under part A shall collaborate with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. (A) Attendance at a school of origin (i) In general The child enrolls or remains in the child’s school of origin, unless a determination is made that it is in the child’s best interest to attend a different school. (ii) Limitation A child who leaves foster care shall only be entitled to remain in the child's school of origin for the remainder of the school year. (B) Immediate enrollment When a determination is made regarding the school that it is in the best interest of a child in foster care to attend, the child shall be immediately enrolled in such school, even if the child is unable to produce records normally required for enrollment, such as previous academic records, immunization and medical records, a birth certificate, guardianship records, proof of residency, or other documentation. (C) Records transfer Any records ordinarily kept by a school, including records of immunizations, health screenings, and other required health records, academic records, birth certificates, evaluations for special services or programs, and any individualized education programs (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), regarding a child in foster care shall be— (i) maintained so that the records involved are available, in a timely fashion, when a child in foster care enters a new school; and (ii) immediately transferred to the enrolling school, even if the child owes fees or fines or was not withdrawn from previous schools in conformance with local withdrawal procedures. (2) Implementation Each State educational agency receiving assistance under part A shall ensure that the plan described in paragraph (1) is implemented by the local educational agencies in the State. (b) Credit transfer and diplomas Each State that receives assistance under part A shall have policies for ensuring that— (1) a child in foster care who is changing schools can transfer school credits and receive partial credits for coursework satisfactorily completed while attending a prior school or educational program; (2) a child in foster care is afforded opportunities to recover school credits lost due to placement instability while in foster care; and (3) a child in foster care who has changed secondary schools can receive a secondary school diploma either from one of the schools in which the child was enrolled or through a State-issued secondary school diploma system, consistent with State graduation requirements. (c) Transportation Not later than 1 year after the date of enactment of the Strengthening America’s Schools Act of 2013 42 U.S.C. 675(1)(G) (1) How foster care maintenance payments will be used to help fund the transportation of children in foster care to their schools of origin. (2) How children who leave foster care will receive transportation to maintain their enrollment in their schools of origin for the remainder of the academic year, if remaining in their schools of origin is in their best interests. (d) Points of contact (1) Local educational agencies A State that receives assistance under part A shall ensure that each local educational agency in the State designates an individual employed by the agency to serve as a point of contact for the child welfare agencies responsible for children in foster care enrolled in the local educational agency and to oversee the implementation of the local educational agency requirements under this section. A local educational agency's point of contact shall not be the individual designated as its local educational agency liaison under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, and time to perform both roles. (2) State educational agencies Each State educational agency receiving assistance under part A shall designate an individual to serve as a point of contact for child welfare agencies and to oversee the implementation of the State educational agency requirements under this section. A State educational agency's point of contact shall not be the individual designated as the State's Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, and time to perform both roles. 1502. Definitions In this part: (1) Child in foster care The term child in foster care 42 U.S.C. 621 et seq. (2) School attendance area The term school attendance area (3) School of origin The term school of origin (A) The public school in which the child was enrolled prior to entry into foster care. (B) The public school in which the child is enrolled when a change in foster care placement occurs. (C) The public school the child attended when last permanently housed, as such term is used in section 722(g)(3)(G) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(3)(G) . (b) Guidance Not later than 90 days after the date of enactment of this Act, the Secretary, in collaboration with the Secretary of Health and Human Services, is directed to issue guidance on the implementation of part E of title I of the Elementary and Secondary Education Act of 1965, including how State and local agencies will work together to ensure that transportation for children in foster care is provided to the school of origin. F General provisions 1601. Reorganization (a) In general Title I ( 20 U.S.C. 6301 et seq. (1) by striking parts F through H; (2) by redesignating part I as part F; and (3) by redesignating sections 1901 through 1908 as sections 1601 through 1608, respectively. (b) Technical and conforming amendments Part F of title I, as redesignated by subsection (a)(2), is further amended— (1) in section 1601(b)(4)(A) (20 U.S.C. 6571(b)(4)(A)), as redesignated by subsection (a)(3), by striking No Child Left Behind Act of 2001 Strengthening America’s Schools Act of 2013 (2) in section 1602(a) ( 20 U.S.C. 6572(a) 1901 1601 (3) in section 1603(b)(2)(G) (20 U.S.C. 6573(b)(2)(G)), as redesignated by subsection (a)(3), by striking pupil services personnel specialized instructional support personnel (4) in section 1608 ( 20 U.S.C. 6578 No Child Left Behind Act of 2001 Strengthening America’s Schools Act of 2013 II Supporting teacher and principal excellence 2101. Supporting teacher and principal excellence (a) Technical amendments The Act (20 U.S.C. 6301 et seq.) is amended— (1) in title II, by striking the title heading and inserting Supporting Teacher and Principal Excellence (2) by redesignating subpart 3 of part D of title II as part I of title IV, and transferring such part I so as to follow part H of title IV, as added by section 4108 of this Act; (3) in part I of title IV, as redesignated by paragraph (2), by striking the part heading and inserting the following: Ready-to-Learn (4) by redesignating section 2431 as section 4901; (5) in section 4901, as redesignated by paragraph (4)— (A) by striking the section heading and inserting the following: Ready-to-Learn (B) in subsection (a)— (i) in paragraph (1)(E)(ii)— (I) by striking Even Start providers, (II) by striking family literacy services family literacy activities (ii) in paragraph (2)— (I) by striking Even Start providers, (II) by striking family literacy services family literacy activities (iii) in paragraph (4)(B), by striking Even Start, and (C) in subsection (c)(2), by striking relevant committees of Congress authorizing committees (D) by striking subsection (e) and inserting the following: (e) Funding rule Not less than 60 percent of the amount appropriated to carry out this section for each fiscal year shall be used to carry out activities under subparagraphs (B) through (D) of subsection (a)(1). ; (6) by redesignating subpart 5 of part C of title II as subpart 3 of part E of title IX, and transferring such subpart 3 so as to follow subpart 2 of part E of title IX; (7) by redesignating sections 2361, 2362, 2363, 2364, 2365, 2366, 2367, and 2368, as sections 9541, 9542, 9543, 9544, 9545, 9546, 9547, and 9548, respectively; and (8) in section 9546(b), as redesignated by paragraph (7), by striking the matter following paragraph (2) and inserting the following: (3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. . (b) Supporting teacher and principal excellence Title II (20 U.S.C. 6601 et seq.), as amended by subsection (a), is further amended by striking parts A, B, C, and D, and inserting the following: A Continuous Improvement and Support for Teachers and Principals 2101. Purpose The purpose of this part is to provide grants to State educational agencies and subgrants to local educational agencies to enable such agencies to improve academic achievement for all students, including students with disabilities and English learners, by— (1) providing professional development that is based on the result of a rigorous, transparent, and fair evaluation and is designed to improve instruction and student achievement; and (2) increasing the number and improving the equitable distribution of teachers and principals in accordance with section 1111(b)(1)(R). 2102. Definitions In this part: (1) Induction program The term induction program (2) Mentoring The term mentoring (A) includes clear criteria for the selection of mentors that takes into account the mentor’s— (i) record of increasing student achievement; and (ii) ability to facilitate professional development activities; (B) provides high-quality training for mentors in how to support teachers or principals; (C) provides regularly scheduled time for collaboration, examination of student work and achievement data, and observation of teaching, and identifies and addresses areas for improvement; and (D) matches mentees with mentors in the same field, grade, grade span, or subject area. (3) State The term State 1 Grants to States 2111. Allotments to States (a) In general The Secretary shall make grants to States with applications approved under section 2112 to enable the States to carry out the activities specified in section 2113. Each grant shall consist of the allotment determined for a State under subsection (b). (b) Determination of allotments (1) Reservation of funds From the total amount appropriated to carry out this subpart for a fiscal year, the Secretary shall reserve— (A) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and (B) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (2) State allotments (A) In general Subject to subparagraph (B), from the funds appropriated to carry out this subpart and not reserved under paragraph (1), the Secretary shall allot to each State the sum of— (i) an amount that bears the same relationship to 35 percent of the remaining amount as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (ii) an amount that bears the same relationship to 65 percent of the remaining amount as the number of individuals, ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (B) Exception No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total amount allotted under such subparagraph. (3) Reallotment If any State does not receive an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection. 2112. State applications (a) In general For a State to be eligible to receive a grant under this subpart, the State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Contents Each application submitted under this section shall include— (1) a description of how the State educational agency will— (A) ensure that each local educational agency receiving a subgrant under subpart 2 will comply with the requirements of such subgrant, including implementing a professional growth and improvement system; (B) provide technical assistance to support such implementation; and (C) ensure that the State educational agency regularly assesses implementation and results across local educational agencies’ professional growth and improvement systems to ensure comparability across the State in implementation of such systems in differentiating teacher and principal performance levels; (2) a description of how the State will use funds reserved under section 2113(a); (3) a description of how the activities to be carried out by the State educational agency under this subpart will be evidence-based and an explanation of why the activities are expected to improve student achievement; (4) a description of how activities under this subpart are aligned with State academic content and student academic achievement standards and State assessments, which include, as appropriate, State early learning standards for children younger than kindergarten; (5) a description of how the State educational agency, working with local educational agencies, will provide data on each teacher’s student achievement and growth for the State assessments required under section 1111(a)(2) to teachers and local educational agencies, in a timely and useful manner; (6) a description of how the State educational agency will hold local educational agencies accountable for meeting the requirements of section 1117; (7) an assurance that the State educational agency will comply with section 9501 (regarding participation by private school children and teachers); (8) a description of the activities funded under this subpart, including how such activities will be coordinated with the State agency responsible for early childhood education programs and the State Advisory Council on Early Childhood Education and Care established under section 642B of the Head Start Act, that are designed to improve and strengthen the knowledge and skills of teachers and principals responsible for educating children in preschool, where applicable, through grade 3; (9) a description of how the State educational agency will provide for the equitable distribution of teachers in accordance with section 1111(b)(1)(K); and (10) an assurance that the State educational agency is encouraging collaboration between higher education-based educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession through clinical experience and interaction, as well as other activities. (c) Deemed approval An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this subpart. (d) Disapproval The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. (e) Notification If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— (1) give the State educational agency notice and an opportunity for a hearing; and (2) notify the State educational agency of the finding of noncompliance and, in such notification, shall— (A) cite the specific provisions in the application that are not in compliance; and (B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (f) Response If the State educational agency responds to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— (1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (2) the expiration of the 120-day period described in subsection (c). (g) Failure To respond If the State educational agency does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. 2113. State use of funds (a) In general A State that receives a grant under section 2111— (1) shall reserve 95 percent of the funds made available through the grant to make subgrants to local educational agencies as described in subpart 2; (2) shall use not less than 2 percent but not more than 5 percent of funds made available through the grant to support local educational agencies in— (A) improving the performance and equitable distribution of principals and, at the State’s discretion, other school leaders, including through— (i) activities designed to recruit, prepare, place, assist, support, and retain highly rated principals for high-need schools and low-performing schools, including through compensation or incentives; and (ii) providing training and support to principals and school leadership teams in high-need schools and low-performing schools on improving instruction and closing achievement gaps; and (B) providing technical assistance to local educational agencies to support the design and implementation of professional growth and improvement systems, including— (i) developing and disseminating research-based models and designing high-quality evaluation tools, such as classroom observation rubrics; (ii) developing and providing training for principals and other evaluators on how to evaluate teachers in order to differentiate teacher performance accurately, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; (iii) developing methods, including training and auditing, for ensuring inter-rater reliability of evaluation results; (iv) providing information on the appropriate collection, reporting, analysis, and use of evaluation data; and (v) developing a system for auditing the quality of professional growth and improvement systems, including the correlation with student achievement and continuous improvement, and improving such systems based on data and feedback; and (3) shall use funds remaining after making the reservations under paragraphs (1) and (2) to— (A) plan and administer State activities under this part, including awarding, monitoring, and enforcing the requirements of subgrants awarded under subpart 2; (B) assist local educational agencies in recruiting, preparing, placing, developing, and retaining highly rated teachers for high-need schools and low-performing schools; (C) provide technical assistance, as necessary, to local educational agencies that receive subgrants under subpart 2, to improve performance on the measures described in section 2141(b), as applicable; (D) develop and disseminate the State Report described in subpart 4, and use the information in the State Report to guide efforts under this part; and (E) provide technical assistance and support to local educational agencies in the development and implementation of programs and policies that support young children’s transition from early childhood education programs into elementary schools, improve school readiness, and improve the academic achievement of young children. (b) Optional uses (1) In general A State that receives a grant under section 2111 may, from the funds available for the uses described in subsection (a)(2), use an amount equal to not more than 1 percent of the funds made available through the grant to establish, expand, or implement 1 or more teacher or principal preparation academies and to provide for a State authorizer, if— (A) the State does not have in place legal, statutory, or regulatory barriers to the creation or operation of teacher or principal preparation academies; (B) the State enables candidates attending a teacher or principal preparation academy to be eligible for State financial aid to the same extent as participants in other State-approved teacher or principal preparation programs, including alternative certification, licensure, or credential programs; (C) the State enables teachers or principals who are teaching or working while on alternative certificates, licenses, or credentials to teach or work in the State while enrolled in a teacher or principal preparation academy; and (D) the State will recognize a certificate of completion (from any teacher or principal preparation academy that is not, or is unaffiliated with, an institution of higher education), as at least the equivalent of a master’s degree in education for the purposes of hiring, retention, compensation, and promotion in the State. (2) Definitions In this subsection: (A) Teacher or principal preparation academy The term teacher or principal preparation academy (i) enters into an agreement with a State authorizer that specifies the goals expected of the institution, including— (I) a requirement that— (aa) teacher or principal candidates, or teachers teaching or principals serving on alternative certificates, licenses, or credentials, who are enrolled in the academy receive a significant part of their training through clinical preparation that partners candidates with mentor teachers or principals with a demonstrated track record of success in improving student growth, including (where applicable) children with disabilities, children living in poverty, and English learners; and (bb) the academy will provide instruction to teacher candidates that links to the clinical preparation experience; (II) the number of teachers or principals the academy will produce and the minimum number and percentage of teachers or principals who will demonstrate success in improving student performance based on multiple measures (including student growth); (III) a requirement that the teacher preparation component of the academy will only award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) after the graduate demonstrates a track record of success in improving student performance based on multiple measures (including student growth), either as a student teacher or teacher-of-record on an alternative certificate, license, or credential; (IV) a requirement that the principal preparation component of the academy will only award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) after the graduate demonstrates a track record of success in improving student performance for some or all of a school’s students; and (V) timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the academy is, or is affiliated with, an institution of higher education) from the academy; (ii) shall not have unnecessary restrictions placed on the methods the academy will use to train teacher or principal candidates (or teachers or principals that are teaching or working while on alternative certificates, licenses, or credentials), including restrictions or requirements— (I) obligating the faculty of the academy to hold advanced degrees, or prohibiting the faculty of the academy from holding advanced degrees; (II) obligating such faculty to conduct academic research; (III) related to the physical infrastructure of the academy; (IV) related to the number of course credits required as part of the program of study; (V) related to the undergraduate coursework completed by teachers teaching on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all relevant State-approved content area examinations; or (VI) related to obtaining additional accreditation from a national accrediting body; and (iii) limits admission to its program to candidates who demonstrate strong potential to improve student achievement, based on a rigorous selection process that reviews a candidate’s prior academic achievement or record of professional accomplishment. (B) State authorizer The term State authorizer (i) enters into an agreement with a teacher or principal preparation academy that specifies the goals expected of the academy, as described in subparagraph (A)(i); (ii) may be a nonprofit organization, State educational agency, or other public entity, or consortium of such entities (including a consortium of States); and (iii) does not reauthorize a teacher or principal preparation academy if the academy fails to produce the minimum number or percentage of effective teachers or principals, respectively, identified in the academy’s authorizing agreement. (c) Supplement, not supplant Funds received under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. 2 Subgrants to local educational agencies 2121. Allocations to local educational agencies (a) In general The Secretary may make a grant to a State under subpart 1 only if the State educational agency agrees to distribute the funds described in this section as subgrants to local educational agencies under this subpart. (b) Allocations (1) In general From the total amount reserved by a State under section 2113(a)(1) for a fiscal year, the State educational agency shall allocate to each of the eligible local educational agencies in the State for such fiscal year the sum of— (A) an amount that bears the same relationship to 20 percent of the total amount reserved as the number of individuals age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and (B) an amount that bears the same relationship to 80 percent of the total amount reserved as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (2) Hold harmless (A) In general Notwithstanding paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State an amount that is not less than 90 percent of the allocation the eligible local educational agency received for the previous fiscal year under this part. (B) Ratable reduction If insufficient funds are appropriated to allocate the amounts that all eligible local educational agencies in the State are eligible to receive under subparagraph (A) for a fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. 2122. Local applications and needs assessment (a) In general To be eligible to receive a subgrant under this subpart, a local educational agency shall— (1) submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require; and (2) conduct, with the involvement of school staff and other stakeholders, as applicable, an assessment of the human capital needs of the local educational agency, including in the areas set forth under section 2141(b), as applicable. (b) Contents Each application submitted under this section shall include the following: (1) Needs assessment A description of the results of the needs assessment conducted under subsection (a)(2) and how the local educational agency will align uses of funds with such assessment. (2) Performance measures A description of the performance measures and activities the local educational agency will use to address the needs identified in such assessment. (3) Professional growth and improvement system An assurance that the local educational agency will create, or improve, and implement a professional growth and improvement system as by a date identified by the local educational agency and approved by the State educational agency that shall not be later than the 2015–2016 school year. (4) Professional development A description of the professional development activities that will be made available to teachers and principals under this subpart and how the local educational agency will ensure that the professional development needs of teachers and principals, as identified by the professional growth and improvement system, will be met using funds under this subpart. (5) Encouraging collaboration to promote educator readiness An assurance that the local educational agency is encouraging collaboration with higher education-based educator preparation programs to promote the readiness of new educators entering the profession through clinical experience and interaction, as well as other activities. (6) Integration of technology into curricula and instruction A description of how the local educational agency will integrate funds under this subpart with funds received under part D that are used for professional development to train teachers to integrate technology into curricula and instruction to improve teaching, learning, and technology literacy. (7) Evidence-based activities A description of how the activities to be carried out by the State educational agency under this subpart will be evidence-based and an explanation of why the activities are expected to improve student achievement. 2123. Local use of funds (a) In general A local educational agency that receives a subgrant under section 2121 shall use subgrant funds to address the achievement of students in schools designated as focus schools under section 1116(c) and priority schools under section 1116(d) and schools not meeting their performance targets, as described in section 1116(b). (b) Professional development (1) In General A local educational agency that receives a subgrant under section 2121 shall use subgrant funds to develop and carry out professional development, which may include joint professional development for teachers, principals, and other relevant school staff with early childhood education program staff. (2) Priority Schools; Focus schools Not less than 20 percent of subgrant funds— (A) shall be used to provide professional development for teachers serving students in schools identified as priority schools under section 1116(d) and not receiving school improvement funds as described in section 1116(f); and (B) if a local educational agency has excess funds after meeting the needs of teachers serving students in priority schools, as required under subparagraph (A), may be used to provide professional development for teachers serving students in schools identified as focus schools under section 1116(c). (c) Permissible uses of funds A local educational agency that receives a subgrant under section 2121 may use subgrant funds to implement strategies that lead to increased student achievement for all students, including English learners and students with disabilities, by carrying out 1 or more of the following activities: (1) Developing, implementing and improving an induction program or a mentoring program. (2) Improving within-district equity in the distribution of teachers consistent with the requirements of section 1111(b)(1)(R). (3) Developing and implementing a professional growth and improvement system. (4) Carrying out in-service training for school personnel in— (A) the techniques and supports needed for early identification of children with trauma histories, and children with, or at risk of, mental illness; (B) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community, where appropriate; and (C) forming partnerships between school-based mental health programs and public or private mental health organizations. (5) Increasing teacher capacity to evaluate student work and use student achievement data and creating career ladders to provide opportunities for highly rated teachers or paraprofessionals to advance or take on additional roles and responsibilities. (6) Recruiting, preparing, placing, supporting, developing, rewarding, and retaining highly rated teachers and principals in high-need schools and low-performing schools. (7) Reducing class size for prekindergarten through grade 3, by an amount and to a level consistent with what scientifically valid research has found to improve student achievement. (d) Supplement, not supplant Funds received under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. 3 National leadership activities 2131. National leadership activities From the funds made available to carry out this part for a fiscal year, the Secretary is authorized to set aside not more than 1 percent to carry out the following activities related to the purpose of this part: (1) Research and development. (2) Technical assistance. (3) Outreach and dissemination activities directly or through grants, contracts, or cooperative agreements. (4) Activities relating to gifted and talented students, as described in section 2132. 2132. Gifted and Talented Students The Secretary shall— (1) acting through the Director of the Institute of Education Sciences, continue research and development activities related to the education of gifted and talented students, particularly research and development activities related to such students who reside in rural communities or have been underrepresented as gifted and talented; (2) support a National Research Center on the Gifted and Talented that conducts research and serves as a national clearinghouse for evidence-based best practices to improve the identification and instruction of gifted and talented students; and (3) administer demonstration grants, in consultation with the Director of the Institute of Education Sciences, to programs that build and enhance the ability of elementary school and secondary school personnel to support gifted and talented students. 4 Accountability 2141. Accountability (a) In general (1) State report Each State that receives a grant under subpart 1 shall annually submit to the Secretary, in a manner prescribed by the Secretary, and make public, a State Report on program performance and results under such grant. Such State Report shall provide the information required under subsection (b). (2) Local educational agency report Each local educational agency that receives a subgrant under subpart 2 shall annually submit to the State, in a manner prescribed by the State, and make public, a Local Educational Agency Report on program performance and results under such subgrant. Such Local Educational Agency Report shall provide the information required under subsection (b). (3) FERPA compliance Each State and local educational agency that submits a report in compliance with this subsection shall collect, report, and disseminate information contained in such report in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (4) Teacher and principal privacy No State or local educational agency shall publicly report information in compliance with this subsection in a case in which the results would reveal personally identifiable information about an individual teacher or principal. (b) Information Each State Report and Local Educational Agency Report shall contain, as appropriate— (1) a description of how funds have been used, including how funds have been used to address the needs of teachers serving students in schools not meeting performance targets, as described in section 1116(b), and schools identified as focus schools and priority schools under subsections (c) and (d) of section 1116 and the results of the use of those funds; (2) the number of highly rated teachers in the local educational agency teaching in schools identified as focus schools and priority schools under subsections (c) and (d) of section 1116; (3) student achievement data, by teacher preparation program within the State, for students taught by such program’s graduates; (4) a description of the professional growth and improvement system required under section 2122; (5) a description of how chosen professional development activities improved teacher and principal performance using the professional growth and improvement system; and (6) how funds have been used to contribute to the equitable distribution of teachers. 5 Principal recruitment and training 2151. Principal recruitment and training grant program (a) Definitions In this section: (1) Aspiring principal The term aspiring principal (2) Current principal The term current principal (3) Eligible entity The term eligible entity (A) a local educational agency or educational service agency that serves an eligible school or a consortium of such agencies; (B) a State educational agency or a consortium of such agencies; (C) a State educational agency in partnership with 1 or more local educational agencies or educational service agencies that serve an eligible school; (D) an entity described in subparagraph (A), (B), or (C) in partnership with 1 or more nonprofit organizations or institutions of higher education; or (E) an institution of higher education or a nonprofit organization, if the institution or nonprofit organization can demonstrate a record of— (i) preparing principals who have been able to improve student achievement substantially; and (ii) placing a significant percentage of such principals in eligible schools. (4) Eligible school The term eligible school (A) Is a high-need school. (B) Is identified as a priority school under section 1116(d). (C) Is identified as a focus school under section 1116(c). (D) In the case of a public school containing middle grades, feeds into a public high school that has less than a 60 percent graduation rate. (E) Is a rural school served by a local educational agency that is eligible to receive assistance under part B of title VI. (5) High-need school (A) In general The term high-need school (i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools. (B) Low-income family For purposes of subparagraph (A), the term low-income family (i) in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (ii) receiving assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (iii) in which the children are eligible to receive medical assistance under the Medicaid program. (6) Mentor principal The term mentor principal (A) Strong instructional leadership skills in an elementary school or secondary school setting. (B) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. (C) Knowledge, skills, and attitudes to— (i) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (ii) create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (iii) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; (iv) understand youth development appropriate to the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional, and physical development of all students; and (v) actively engage the community to create shared responsibility for student academic performance and successful development. (7) Middle grade The term middle grade (8) School-level student outcomes The term school-level student outcomes (A) student academic achievement and student growth; and (B) additional outcomes, including, at the high school level, graduation rates and the percentage of students taking college-level coursework. (b) Program authorized (1) Principal recruitment and training grant program The Secretary shall award grants to eligible entities to enable such entities to recruit, prepare, place, and support principals in eligible schools. (2) Duration (A) In general (i) Not more than 5 year duration A grant awarded under this section shall be not more than 5 years in duration. (ii) Renewal The Secretary may— (I) renew a grant awarded under this section based on performance; and (II) in renewing a grant under subclause (I), award the grantee increased funding to scale up or replicate the grantee's program. (B) Performance In evaluating performance for purposes of subparagraph (A)(ii)(I)— (i) the Secretary's primary consideration shall be the extent to which the principals recruited, prepared, placed, or supported by the grantee have improved school-level student outcomes in eligible schools; and (ii) the Secretary shall also consider the percentage of program graduates— (I) who become principals in eligible schools; (II) who remain principals in eligible schools for multiple years; and (III) who are highly rated principals, as determined by the State educational agency. (c) Application and selection criteria (1) Application An eligible entity that desires a grant under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Selection criteria In awarding grants under this section, the Secretary shall consider— (A) the extent to which the entity has the capacity to implement the activities described in subsection (e) that the entity proposes to implement; (B) the extent to which the entity has a demonstrated record of effectively preparing high-quality principals or an evidenced-based plan for preparing principals to improve school-level student outcomes in eligible schools; (C) the extent to which the entity has a demonstrated record of effectiveness or an evidence-based plan for providing principals trained by the entity with the guidance, support, and tools they need to improve school-level student outcomes in eligible schools, including providing principals with resources, such as funding to ensure supports for quality teaching, access to best practices, and decisionmaking authority over areas such as personnel, budget, curriculum, or scheduling; (D) the likelihood of the entity sustaining the project with funds other than funds provided under this section, which other funds may include funds provided under this title other than this section, once the grant is no longer available to the entity; and (E) the extent to which the proposed project will serve rural areas or high-poverty areas. (d) Awarding grants (1) Priority In awarding grants under this section, the Secretary shall give priority to an eligible entity with a record of preparing or developing principals who— (A) have improved school-level student outcomes; (B) have become principals in eligible schools; and (C) remain principals in eligible schools for multiple years. (2) Grants for rural schools and lowest performing schools In awarding grants under this section, the Secretary shall, consistent with the quality of applications— (A) award not less than 1 grant to an eligible entity that intends to establish a program that focuses on training or supporting principals and other school leaders for rural schools; and (B) award not less than 1 grant to an eligible entity that intends to establish a program to train and support principals and other school leaders to lead reform efforts in persistently low-achieving schools in a State or more than 1 State. (3) Reform efforts An eligible entity that receives a grant under this section to carry out a program described in paragraph (2)(B)— (A) during the first year of the grant, shall use grant funds— (i) to bring together experts and stakeholders who are committed to dramatic and effective reform of persistently low-achieving schools who can provide input about what the evidence base shows regarding effective school leadership in such schools; (ii) to collect and develop, in consultation with experts and stakeholders, a core body of knowledge regarding effective school reform leadership in persistently low-achieving schools, which is evidence-based; (iii) to develop, drawing on the core body of knowledge developed in clause (ii), a leadership training program for principals, mentors, and other school leaders, to prepare and support the principals, mentors, and leaders to lead effective school reform efforts in persistently low-achieving schools; and (B) during each year of the grant after the first year, shall use grant funds— (i) to carry out the leadership training program described in subparagraph (A)(iii); (ii) to ensure that the leadership training program described in subparagraph (A)(iii) is informed, on an ongoing basis, by consultation with experts and stakeholders, and by the program’s tracking of the performance of its graduates in leading school reform efforts in persistently low-achieving schools; (iii) to select cohorts of trained or experienced principals to lead school reform efforts in persistently low-achieving schools; (iv) to provide support for, and encourage interaction among, cohorts of principals after completion of the leadership training program described in subparagraph (A)(iii); and (v) to disseminate information to principals, mentors, and other school leaders engaging in reform efforts in persistently low-achieving schools. (e) Activities Each eligible entity that receives a grant under this section shall use grant funds to carry out the following: (1) To recruit and select, using rigorous, competency-based, selection criteria, and train and support a diverse group of aspiring principals or current principals, or both, for work in eligible schools. (2) Tracking participants to determine if such individuals are attaining, or have attained, the competencies needed to complete the training and enter into an effective leadership role, and provide counseling and, if appropriate, separation, to participants who the entity determines will not attain, or have not attained, those competencies. (3) If the eligible entity provides a program for aspiring principals— (A) candidates shall demonstrate awareness of and have experience with the knowledge, skills, and attitudes to— (i) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (ii) create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (iii) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; (iv) understand youth development appropriate to the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional, and physical development of all students; and (v) actively engage the community to create shared responsibility for student academic performance and successful development; and (B) the program shall provide aspiring principals with— (i) a preservice residency that is not less than 1 year in length, and that includes coaching from a mentor principal, and instructional leadership and organizational management experience; (ii) focused coursework on instructional leadership, organizational management, and the use of a variety of data for purposes of— (I) instruction; (II) evaluation and development of teachers; and (III) development of highly effective school organizations; and (iii) ongoing support, mentoring, and professional development for not less than 2 years after the aspiring principals complete the residency and commence work as assistant principals and principals. (4) To train mentors for principals who are serving or who wish to serve in eligible schools or for aspiring principals who wish to serve in such eligible schools, or for both. (5) Providing differentiated training to participants in competencies that evidence shows are critical to improving school-level student outcomes in eligible schools, such as— (A) recruiting, training, supervising, supporting, and evaluating teachers and other staff; (B) developing teams of effective school staff, and distributing among members of such teams responsibilities for leading and improving their schools; (C) establishing learning communities where principals and teachers— (i) share a school mission and goals with an explicit vision of quality teaching and learning that guides all instructional decisions; (ii) commit to improving student outcomes and performances; (iii) set a continuous cycle of collective inquiry and improvement; (iv) foster a culture of collaboration where teachers and principals work together on a regular basis to analyze and improve teaching and learning; and (v) support and share leadership; (D) where applicable for participants serving elementary schools, offering high-quality early childhood education to the students such participants are serving and facilitating the transition of children from early learning settings to elementary school; (E) setting high expectations for student achievement; (F) addressing the unique needs of specific student populations served, such as students with disabilities, students who are English learners, and students who are homeless or in foster care; (G) managing budget resources and school time to support high-quality instruction and improvements in student achievement, such as by extending the school day and year and providing common planning time to teachers and staff; (H) working effectively with students’ parents and other members of the community; (I) using technology and multiple sources of data to personalize instruction; (J) monitoring and improving the alignment and effectiveness of curriculum, instruction, and assessment, using a variety of data providing evidence of student and school outcomes; and (K) developing and maintaining a positive school culture where students, teachers and other staff are motivated to collaborate and work together to achieve goals. (6) Delivering high-quality, differentiated, school-level support services and training to current principals of eligible schools, if the eligible entity provides a program for current principals, or during the period described in paragraph (3)(C) to individuals who have completed the aspiring principal residency, if the eligible entity provides a program for aspiring principals, to help meet the specific needs of the eligible schools they serve, which may include— (A) training and support for the design of school-wide improvement plans based on the diagnosis of school conditions and needs informed by data and analysis of classroom and school practices; and (B) support in organizing and training the teams described in paragraph (5)(B). (7) Making available any training materials funded under the grant, such as syllabi, assignments, or selection rubrics, to the Department for public dissemination. (8) Tracking the effectiveness of the program based on, at a minimum— (A) school-level student outcomes at the schools where program graduates have served as principals; (B) the percentage of program graduates who become principals in eligible schools; and (C) the percentage of program graduates who remain principals in eligible schools for multiple years. (9) Using the data on the effectiveness of the program for, among other purposes, the continuous improvement of the program. (f) Annual report An eligible entity that receives a grant under this section shall submit an annual report, beginning in the third year of the grant, to the Secretary regarding— (1) school-level student outcomes resulting from implementation of the grant activities; and (2) data on— (A) the percentage of program graduates who become principals in eligible schools; (B) the percentage of graduates who remain principals in eligible schools for multiple years; and (C) the percentage of program graduates who are highly rated, as determined by the State educational agency. (g) Matching requirement (1) Matching requirement (A) In general An eligible entity that receives a grant under this section shall contribute annually to the activities assisted under such grant matching funds in an amount equal to not less than 20 percent of the amount of the grant from non-Federal sources. (B) Matching funds The matching funds requirement under subparagraph (A) may be met by— (i) contributions that are in cash or in kind, fairly evaluated; and (ii) payments of a salary or stipend to an aspiring principal during the aspiring principal’s residency year. (2) Waiver The Secretary may waive or reduce the matching requirement under paragraph (1) if the eligible entity demonstrates a need for such waiver or reduction due to financial hardship. (h) Supplement, not supplant Grant funds provided under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds otherwise available to carry out the activities described in this section. B Teacher Pathways to the Classroom 2201. Teacher Pathways (a) Purpose It is the purpose of this section to support the recruitment, selection, preparation, placement, retention, and support of teachers in high-need subjects or fields who will improve student academic achievement and student outcomes at high-needs schools. (b) Definitions In this section: (1) Eligible entity The term eligible entity (A) a partnership of— (i) 1 or more institutions of higher education or nonprofit organizations; and (ii) a high-need local educational agency and 1 or more other local educational agencies or State educational agencies; or (B) an institution of higher education or a nonprofit organization that can demonstrate a record of— (i) preparing teachers who are successful in improving student achievement; and (ii) placing a significant percentage of those teachers in high-need schools. (2) Teacher in a high-need subject or field The term teacher in a high-need subject or field (A) students with disabilities; (B) English learners; or (C) science, technology, engineering, or mathematics. (c) Authorization of grant awards The Secretary shall award grants to eligible entities to pay for the Federal share of the cost of carrying out the activities described in this section. (d) Applications An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Considerations In awarding grants under this section, the Secretary shall consider the geographic diversity of the eligible entities, including the distribution of grants among urban, suburban, and rural areas. (f) Priority In awarding grants under this section, the Secretary shall give priority to applicants that demonstrate a record of— (1) recruiting college undergraduates, recent college graduates, graduate students, and professionals with a demonstrated history of significant academic achievement to become teachers; (2) recruiting and selecting candidates who are members of groups underrepresented in the teaching profession; and (3) preparing teachers who consistently improve student academic achievement at high-need schools. (g) Required use of funds An eligible entity that receives a grant under this section shall use the grant funds for the following: (1) To recruit, select, prepare, place, retain, and support teachers for high-need schools and teachers in high-need subjects or fields. (2) To prepare all teachers to teach students with disabilities and English learners. (3) To prepare teachers in classroom management, instructional planning and delivery, learning theory and cognitive development, literacy development, and student assessment. (4) To provide school-based, clinical experience at a high-need school that includes observation of and feedback on teacher candidates' teaching. (5) To provide ongoing mentoring and support, which may include coursework, for participants for at least 1 school year. (h) Permissible use of grant funds An eligible entity that receives a grant under this section may use the grant funds to provide financial stipends for teacher candidates who are not the teacher of record. (i) Performance and grant renewal (1) Tracking performance An eligible entity that receives a grant under this section shall— (A) track the placement rate, retention rate, and performance in improving student academic achievement of teachers recruited and prepared by programs funded by the grant; and (B) submit data on such performance to the Secretary. (2) Conditions for grant renewal The Secretary shall evaluate the information submitted under paragraph (1) and renew a grant awarded under this section only if the data indicate the teachers are successful in improving student academic achievement. (j) Fiscal agent The fiscal agent for an eligible entity that receives a grant under this section may be a local educational agency, State educational agency, institution of higher education, or nonprofit organization that is a partner in the eligible entity. (k) Matching requirements (1) Federal share Except as provided in paragraph (2)(B), the Federal share for this section shall be a percentage of the cost of the activities assisted under the grant as determined by the Secretary. (2) Non-Federal share (A) In general The non-Federal share provided by an eligible entity receiving a grant under this section shall be a percentage of the cost of the activities assisted under the grant as determined by the Secretary. The non-Federal share may include in-kind contributions. (B) Special rule The Secretary may waive or reduce the amount of the non-Federal share described in subparagraph (A) for any fiscal year if the eligible entity demonstrates to the Secretary that the funds needed to carry out that subparagraph are unavailable due to economic hardship, as determined by the Secretary. (l) Evaluation From the amount appropriated for this subpart and reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department— (1) evaluate the implementation and impact of the program under this section; (2) identify best practices for recruiting, selecting, preparing, placing, retaining, and supporting teachers in high-need subjects or fields for high-need schools; and (3) disseminate research on best practices. C Teacher Incentive Fund Program 2301. Purposes; definitions (a) Purposes The purposes of this part are to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand strategies to ensure that the most effective teachers and principals are serving in the lowest-performing schools. (b) Definitions Except as otherwise provided, in this part: (1) Eligible entity The term eligible entity (A) a local educational agency or a consortium of local educational agencies, which may include a charter school that is a local educational agency; (B) a State educational agency, or other State agency designated by the chief executive of a State to participate under this subpart; or (C) an institution of higher education or nonprofit organization, in partnership with an entity described in subparagraph (A) or (B). (2) Highly effective teacher or principal The term highly effective teacher or principal (A) receiving the highest ratings in a professional growth and improvement system; or (B) if a professional growth and improvement system has not yet been implemented, receiving the highest rating category of an existing local educational agency teacher or principal evaluation system. (3) Human capital system The term human capital system (A) identifying, recruiting, training, hiring, placing, and retaining those individuals who are or are most likely to be highly effective teachers and principals; (B) attracting highly effective teachers and principals to high-need schools, including by providing highly effective teachers and principals in such schools with support and development opportunities focused on increasing student achievement; and (C) retaining highly effective teachers and principals in high-need schools over time by creating school environments that enable excellent teaching, including through strategies such as personalized learning, project-based learning, blended learning, distributed leadership, career pathways, and time for collaboration and use of student data in professional learning communities. 2302. Teacher incentive fund grants (a) In general From the amounts appropriated to carry out this part, the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand strategies, including incentives and human capital systems to increase the number of highly effective teachers and principals serving in high-need schools. (b) Priority In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the proposed activities in high-need schools designated as priority schools, as described in section 1116(d), and then to an eligible entity that concentrates the proposed activities in a State or local educational agency that has already developed a professional growth and improvement system required under section 2122. (c) Applications To be eligible to receive a grant under this part, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require. The application shall include, as applicable— (1) a description of the strategy that the eligible entity proposes to develop, implement, improve, or expand; (2) a description and evidence of the support and commitment of teachers and principals in the school to be served by the project, the community, including community-based organizations, and the local educational agencies, including a demonstration of consultation with teachers and principals in the design and development of the proposal; (3) a description of the local educational agency or school to be served by the project, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; (4) a description of the quality of teachers and principals in the local educational agency and the schools to be served by the project and how the project will increase the quality of teachers and principals in a high-need school; (5) a description of how the eligible entity will use grant funds under this part in each year of the grant to continuously increase the number of highly effective teachers and principals in the highest-need schools; (6) a description of how the eligible entity will continue funding and carrying out the project after the grant period ends; (7) a description of the State, local, or other public or private funds that will be used to supplement the grant and sustain the activities assisted under the grant at the end of the grant period; and (8) a description of the rationale and evidence base for the proposed activities and of any prior experience of the eligible entity in developing and implementing such activities. (d) Use of funds An eligible entity that receives a grant under this part shall use the grant funds to carry out activities that are designed to develop, implement, improve, or expand strategies to increase the number of highly effective teachers or principals serving in high-need schools, consistent with this part, which may include— (1) paying bonuses and increased salaries, if the eligible entity uses an increasing share of non-Federal funds to pay the bonuses and increased salaries each year of the grant, to highly effective teachers or principals who work in high-need schools; (2) improving a professional growth and improvement system required under section 2122; (3) reforming the local educational agency’s system of compensating teachers and principals; and (4) developing and implementing a human capital system. (e) Duration of grants (1) In general The Secretary may award a grant under this part for a period of not more than 5 years. (2) Limitation A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only twice. A second grant may be awarded only if the Secretary determines that the eligible entity has demonstrated sufficient progress and demonstrates the sustainability of the grant project after the expiration of the grant period. (f) Equitable geographic distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part, including the distribution between rural and urban areas. (g) Supplement, not supplant Grant funds provided under this part shall be used to supplement, not supplant, other Federal, State, or local funds available to carry out the activities described in this part. D Achievement through technology and innovation 2401. Short title This part may be cited as the Achievement Through Technology and Innovation Act of 2013 ATTAIN Act 2402. Purposes and goals The purposes and goals of this part are— (1) to ensure that through effective and innovative uses of technology every student has access to personalized, rigorous, and relevant learning to meet the goals of this part to raise student achievement, close the achievement gap, and ensure highly effective teaching, and to prepare all students to be technology literate and make sufficient academic growth to succeed in the 21st century digital economy; (2) to evaluate, build upon, and increase the use of evidence-based and innovative systemic education transformations that center on the use of technology that leads to school improvement, improved productivity, and increased student achievement; (3) to ensure that all educators are connected in an ongoing manner to technology-based and online resources and supports, including through enhanced ongoing, meaningful professional development to ensure that— (A) all educators are technology literate and effectively use technology to improve instruction; and (B) education administrators possess the capacity to— (i) provide leadership in the use of technology for systemic education transformation; and (ii) improve educational productivity; (4) to improve student engagement, opportunity, attendance, graduation rates, and technology access through enhanced or redesigned curriculum or instruction; (5) to more effectively collect and use student performance and other data in a timely manner to inform instruction, address individualized student needs, support school decisionmaking, and support school improvement and increased student achievement, including through delivery of computer-based and online assessments; (6) to enhance the use of technology, online learning, and blended learning for systemic education transformation, including curricula redesign and new instructional strategies to personalize learning; and (7) to increase education productivity and reduce costs through the use of technology, blended learning, and online learning, including for the delivery of online assessments. 2403. Definitions In this part: (1) Blended learning The term blended learning (2) Digital learning The term digital learning (A) interactive learning resources that engage students in academic content; (B) access to online databases and other primary source documents; (C) the use of data to personalize learning and provide targeted supplementary instruction; (D) student collaboration with content experts and peers; (E) online and computer-based assessments; (F) digital content, adaptive, and simulation software or courseware, (G) online courses, online instruction, or digital learning platforms; (H) mobile and wireless technologies for learning in school and at home; (I) learning environments that allow for rich collaboration and communication; (J) authentic audiences for learning in a relevant, real world experience; and (K) teacher participation in virtual professional communities of practice. (3) Eligible technology The term eligible technology (4) E-rate program The term E-rate program 47 U.S.C. 254(h)(1)(B) (5) Student technology literacy The term student technology literacy (A) effectively communicate and collaborate; (B) analyze and solve problems; (C) access, evaluate, manage, and create information and otherwise gain information literacy; (D) demonstrate creative thinking, construct knowledge, and develop innovative products and processes; and (E) carry out the activities described in subparagraphs (A) through (D) in a safe and ethical manner. (6) Technology readiness survey The term technology readiness survey Public Law 111–5 (A) requiring— (i) an internal review of the degree to which instruction, additional student support, and professional development is delivered in digital formats, media, and platforms and is available to students and educators at any time; (ii) an internal review of the ability of educators to use assessments and other student data to personalize and strengthen instruction and identify professional development needs and priorities; and (iii) any other information required by the State educational agency serving the local educational agency; and (B) may include an assessment of local community needs to ensure students have adequate online access and access to devices for school-related work during out-of-school time. 2404. Allocation of funds; limitation (a) Allocation of Funds Between State and Local Initiatives The funds made available to carry out this part shall be available to carry out subpart 1. (b) Limitation (1) Local administrative costs Of the funds made available to a local educational agency under this part for a fiscal year, not more than 3 percent may be used by the local educational agency for administrative costs. (2) State administrative costs Of the funds made available to a State educational agency under section 2412(a)(1)(A), not more than 60 percent may be used by the State educational agency for administrative costs. 2405. E-rate restriction Funds awarded under this part may be used to address the networking needs of a recipient of such funds under the E-rate program, except that such funds may not be duplicative of support received by the recipient under the E-rate program. 2406. Rule of construction regarding purchasing Nothing in this part shall be construed to permit a recipient of funds under this part to purchase goods or services using such funds without ensuring that the purchase is free of any conflict of interest between such recipient, or any partner of such recipient, and the person or entity from whom such goods or services are purchased. 1 State and Local Grants 2411. Allotment and reallotment (a) Reservations and Allotment From the amount made available to carry out this subpart for a fiscal year— (1) the Secretary shall reserve— (A) three-quarters of 1 percent for the Secretary of the Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Education; and (B) 1 percent to provide assistance under this subpart to the outlying areas; and (2) subject to subsection (b), the Secretary shall use the remainder to award grants by allotting to each State educational agency an amount that bears the same relationship to such remainder for such year as the amount received under part A of title I for such year by such State educational agency bears to the amount received under such part for such year by all State educational agencies. (b) Minimum Allotment The amount of any State educational agency's allotment under subsection (a)(2) for any fiscal year shall not be less than one-half of 1 percent of the amount made available for allotments to State educational agencies under this subpart for such year. (c) Reallotment of Unused Funds The Secretary shall reallot any unused amount of a State educational agency's allotment to the remaining State educational agencies that use their entire allotments under this subpart in accordance with this section. (d) Matching funds (1) In general A State educational agency that receives a grant under subsection (a)(2) shall provide matching funds, from non-Federal sources, in an amount equal to 20 percent of the amount of grant funds provided to the State educational agency to carry out the activities supported by the grant. Such matching funds may be provided in cash or in-kind except that any such in-kind contributions shall be provided for the purpose of supporting the State educational agency’s activities under section 2414. (2) Waiver The Secretary may waive the matching requirement under paragraph (1) for a State educational agency that demonstrates that such requirement imposes an undue financial hardship on the State educational agency. 2412. Use of allotment by State (a) In General (1) In general Of the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year— (A) the State educational agency may use not more than 10 percent of such amount or $100,000, whichever amount is greater, to carry out activities under section 2414; and (B) the State educational agency shall distribute the remainder in accordance with paragraphs (2) and (3). (2) Distribution of remainder The State educational agency shall— (A) (i) use 80 percent of the remainder to award Improving Teaching and Learning through Technology subgrants to local educational agencies having applications approved under section 2415(c) for the activities described in section 2416(b); and (ii) allot to each such local educational agency an amount that bears the same relationship to 80 percent of the remainder for such year as the amount received under part A of title I for such year by such local educational agency bears to the amount received under such part for such year by all local educational agencies within the State, subject to subsection (b)(2); and (B) use 20 percent of the remainder to award Systemic Education Transformation through Technology Integration subgrants, through a State-determined competitive process, to local educational agencies having applications approved under section 2415(b) for the activities described in section 2416(a). (3) Option in years with insufficient amounts appropriated If the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year is not large enough to provide every local educational agency with a minimum subgrant under subsection (b)(3), the State educational agency may distribute 100 percent of the remainder described in paragraph (1)(B) as either formula grants under paragraph (2)(A) or competitive grants under paragraph (2)(B). (b) Sufficient amounts (1) Special rule In awarding subgrants under subsection (a)(2)(B), the State educational agency shall— (A) ensure the subgrants are of sufficient size and scope to be effective, consistent with the purposes of this part; (B) ensure subgrants are of sufficient duration to be effective, consistent with the purposes of this part, including by awarding subgrants for a period of not less than 2 years that may be renewed for not more than an additional 1 year; (C) give preference in the awarding of subgrants, and the providing of all technical assistance, to local educational agencies that serve schools identified as priority schools or focus schools under subsection (c) or (d) of section 1116, including those schools with high populations of— (i) English learners; (ii) students with disabilities; or (iii) other subgroups of students who have not met the State's student academic achievement standards; and (D) ensure an equitable distribution among urban and rural areas of the State, according to the demonstrated need for assistance under this subpart of the local educational agencies serving the areas. (2) Additional reservation A State educational agency that forms a State purchasing consortium under subsection 2414(c) may reserve an additional 1 percent to carry out the activities described in subsection 2414 (c)(1) if such State educational agency receives direct approval from the local educational agencies receiving subgrants under subsection (a)(2). (3) Minimum formula-based subgrant The amount of any local educational agency's subgrant under subsection (a)(2)(A) for any fiscal year shall be not less than $3,000. (c) Reallotment of Unused Funds If any local educational agency does not apply for a subgrant under subsection (a) for a fiscal year, or does not use the local educational agency's entire allotment under this subpart for such fiscal year, the State shall reallot any unused funds to the remaining local educational agencies. 2413. State applications (a) In General To be eligible to receive a grant under this subpart, a State educational agency shall submit to the Secretary, at such time and in such manner as the Secretary may specify, an application containing the information described in subsection (b) and such other information as the Secretary may reasonably require. (b) Contents Each State educational agency application submitted under subsection (a) shall include each of the following: (1) A description of how the State educational agency will support local educational agencies that receive subgrants under this subpart in meeting the purposes and goals of this part and the requirements of this subpart, including through technical assistance in using technology to redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment. (2) A description of the State educational agency's long-term goals and strategies for improving student academic achievement, including student technology literacy, through the effective use of technology. (3) A description of the priority area upon which the State educational agency will focus its assistance under this subpart, which shall be identified from among the core academic subjects, grade levels, and student subgroup populations with the largest achievement gaps in the State. (4) A description of how the State educational agency will support local educational agencies to implement professional development programs pursuant to section 2416(b)(1)(A). (5) A description of how the State educational agency will ensure that teachers, paraprofessionals, school librarians, and administrators possess the knowledge and skills to use technology— (A) for curriculum redesign to change teaching and learning and improve student achievement; (B) for assessment, data analysis, and to personalize learning; (C) to improve student technology literacy; and (D) for their own ongoing professional development and for access to teaching resources and tools. (6) A description of the process, activities, and performance measures that the State educational agency will use to evaluate the impact and effectiveness of activities described in section 2414. (7) Identification of the State college and career ready academic content standards and college and career ready student academic achievement standards that the State educational agency will use to ensure that each student is technologically literate, consistent with the definition of student technology literacy, and a description of how the State educational agency will assess student performance in gaining technology literacy, only for the purpose of tracking progress towards achieving the 8th grade technology literacy goal and not for accountability purposes as described in section 1111(a)(3), including through embedding such assessment items in other State tests or performance-based assessment portfolios, or through other valid and reliable means. Nothing in this subpart shall be construed to require States to develop a separate test to assess student technology literacy. (8) An assurance that financial assistance provided under this subpart will supplement, and not supplant, State and local funds. (9) A description of how the State educational agency consulted with local educational agencies in the development of the State application. (10) An assurance that the State educational agency will provide matching funds as required under section 2411(d). (11) A description of how the State educational agency will ensure that funds received under this part do not duplicate support received under the E-rate program. (12) An assurance that the State educational agency will protect the privacy and safety of students and teachers, consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (13) A description of how the State educational agency will, in providing technical and other assistance to local educational agencies, give priority to schools identified as priority schools or focus schools under subsection (c) or (d) of section 1116, including those schools with high populations of— (A) English learners; (B) students with disabilities; or (C) other subgroups of students who have not met the State’s student academic achievement standards; (14) A description of how the State educational agency will ensure that the State educational agency’s data systems and eligible technology are interoperable. (15) A description of— (A) the State’s process for the adoption, acquisition, distribution, and use of content; (B) how the State will ensure integrity of such processes; (C) how such processes support the goals of this part or how a State will change such processes to support such goals; and (D) how the State will ensure content quality. (16) A description of the technology readiness in the State, as determined by local educational agency responses to the technology readiness survey, including— (A) an assurance that not less than 90 percent of the local educational agencies served by the State educational agency have completed and submitted the technology readiness survey to the State educational agency; and (B) an assurance that the results of the technology readiness survey for each such local educational agency are made available to the Secretary and the public through the website of the local educational agency. 2414. State activities (a) Mandatory activities From funds made available under section 2412(a)(1)(A), a State educational agency shall carry out each of the following activities: (1) Identify the State college and career ready academic content standards and college and career ready student academic achievement standards that the State educational agency will use to ensure that each student is technologically literate consistent with the definition of student technology literacy. (2) Assess student performance in gaining technology literacy consistent with paragraph (1), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means, except that such assessments shall be used only to track student technology literacy and shall not be used for accountability purposes as described in section 1111(a)(3), and widely disseminate such results. (3) Providing guidance, technical assistance, and other assistance, including in the priority area identified by the State pursuant to section 2413(b)(3), to local educational agencies to— (A) identify and address technology readiness needs; (B) redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment; (C) use technology, consistent with the principles of universal design for learning, to support the learning needs of all students, including students with disabilities and English learners; (D) support principals so that principals have the expertise to evaluate teachers’ proficiency in implementing digital tools for teaching and learning; (4) Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology. (5) Integrating and coordinating activities under this part with other educational resources and programs across the State. (6) Disseminating information, including making publicly available on the website of the State educational agency, promising practices to improve technology instruction, and acquiring and implementing technology tools and applications. (7) Coordinating with teacher and principal preparation programs to align digital learning teaching standards. (8) Providing, or supporting local educational agencies in providing, sustained and intensive, high-quality professional development pursuant to section 2416(b)(1)(A). (b) Permissive activities From funds made available under section 2412(a)(1)(A), a State educational agency may carry out 1 or more of the following activities that assist local educational agencies: (1) State leadership activities and technical assistance that support achieving the purposes and goals of this part. (2) Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies. (3) Assessing student performance in gaining technology literacy consistent with subsection (a)(2), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means. (c) Purchasing consortia (1) In general From funds made available under section 2412(a)(1)(A), a State educational agency receiving a grant under this subpart may— (A) form a State purchasing consortium with 1 or more State educational agencies receiving such a grant to carry out the State activities described in subsections (a) and (b), including purchasing eligible technology; (B) encourage local educational agencies to form local purchasing consortia under section 2415; and (C) promote pricing opportunities to local educational agencies for the purchase of eligible technology that are— (i) negotiated by the State educational agency or the State purchasing consortium of the State educational agency; and (ii) available to such local educational agencies. (2) Restrictions A State educational agency receiving a grant under section 2412(a)(1)(A) shall not— (A) except for promoting the pricing opportunities described in paragraph (1)(C), make recommendations to local educational agencies for, or require, use of any specific commercial products and services by local educational agencies; (B) require local educational agencies to participate in a State purchasing consortia or local purchasing consortia; or (C) use more than the amount reserved under subsection 2412(a)(1)(A) to carry out the activities described in paragraph (1) unless the State educational agency receives approval in accordance with section 2412(b)(2). 2415. Local applications (a) In General Each local educational agency desiring a subgrant under this subpart shall submit to the State educational agency an application containing a new or updated local long-range strategic educational technology plan, and such other information as the State educational agency may reasonably require, and shall include each of the following: (1) A description of how the local educational agency will align and coordinate the local educational agency's use of funds under this subpart with— (A) the local educational agency’s efforts to boost student achievement and close achievement gaps; (B) the local educational agency's technology plan; (C) the local educational agency's plans and activities for improving student achievement, including plans and activities under sections 1111, 1112, 1116, and 2123, as applicable; and (D) funds available from other Federal, State, and local sources. (2) An assurance that financial assistance provided under this subpart will supplement, and not supplant, other funds available to carry out activities assisted under this subpart. (3) A description of the process used to assess and, as needed, update technologies throughout the local educational agency. (4) A description of how the local educational agency will— (A) enable schools served by the local educational agency to build the technological capacity and infrastructure (including through local purchasing of eligible technology), necessary for the full implementation of online assessments for all students (including students with disabilities and English learners); and (B) ensure the interoperability of data systems and eligible technology. (5) A description of the results of the technology readiness survey completed by the local educational agency. (6) A description of the local educational agency’s student technology literacy standards, the agency’s goals for the technology skills for teachers and administrators, and an assurance that the student technology literacy standards meet the requirements of section 2403. (7) A description of how the local educational agency will evaluate teachers’ proficiency and progress in implementing technology for teaching and learning. (8) A description of how the local educational agency will ensure that principals have the expertise to evaluate teachers’ proficiency and progress in implementing technology for teaching and learning and the interoperability of data systems and eligible technology. (9) A description of— (A) the local educational agency’s procurement process and process for the creation, acquisition, distribution, and use of content; (B) how the local educational agency will ensure the integrity of such processes; (C) how such processes support the goals described in paragraph (1) or how a local educational agency will change such processes to support such goals; and (D) how the local educational agency will ensure content quality. (10) An assurance that the local educational agency will protect the privacy and safety of students and teachers, consistent with requirements section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (11) A description of how the local educational agency will ensure that the subgrant received under subsection (a) is not duplicative of support received under the E-rate program. (12) Such other information as the State educational agency may reasonably require. (b) Competitive Grants; Systemic Education Transformation Through Technology Integration In addition to the information described in subsection (a), a local educational agency submitting an application for a Systemic Education Transformation Through Technology Integration subgrant shall submit to the State educational agency an application containing each of the following: (1) A description of how the local educational agency will use the subgrant funds to implement systemic education transformation, which is a comprehensive set of programs, practices, and technologies to improve student achievement and close achievement gaps that— (A) collectively lead to school or school district change and improvement, including in the use of technology; and (B) incorporate all of the following elements: (i) Reform or redesign of curriculum, instruction, assessment, use of data, or other practices through the use of technology in order to increase student learning opportunity, and engagement in learning. (ii) Improvement of educator quality, knowledge and skills, and effectiveness through ongoing, sustainable, timely, and contextual professional development described in section 2416(b)(1)(A). (iii) Ongoing use of formative and other assessments and other timely data sources and data systems to more effectively identify individual student learning needs and personalize learning. (iv) Engagement of school district leaders, school leaders, and classroom educators. (v) Programs, practices, and technologies that are based on scientific research. (2) An assurance that the local educational agency will use not less than 25 percent of the subgrant funds to implement a program of professional development described in section 2416(b)(1)(A). (3) A description of how the local educational agency will evaluate the impact of 1 or more programs or activities carried out under this subpart. (c) Formula Grants; Improving Teaching and Learning Through Technology In addition to the information described in subsection (a), a local educational agency submitting an application for an Improving Teaching and Learning Through Technology subgrant shall submit to the State educational agency an application containing each of the following: (1) An assurance that the local educational agency will use not less than 40 percent of the subgrant funds for ensuring educators, including teachers and administrators, are technology literate, prepared to use technology to improve the curriculum and instruction, and are connected online to supports and resources, including— (A) for professional development described in section 2416(b)(1)(A); and (B) to provide educators with ongoing access to technology tools, applications, supports and other resources, including those related specifically to such professional development activities. (2) A description of the local educational agency's program of professional development described in section 2416(b)(1)(A). (3) A description of the use of technology tools, applications, and other resources to improve student learning and achievement in the area of priority identified under paragraph (4). (4) A description of the priority area subgrant funds will target, identified from among the core academic subjects, grade levels, and student subgroup populations in which the most number of students served by the local educational agency are not proficient. (5) A description of how funds will be used to integrate technology to redesign the curriculum or instruction, implement computer-based and online assessments, improve use of data to personalize learning, or improve education productivity. (d) Combined Applications A local educational agency that submits an application under subsection (b), may, upon notice to the State educational agency, submit a single application that will also be considered as an application for subgrant funds awarded under subsection (c), if the application addresses each application requirement under subsections (a), (b), and (c). 2416. Local activities (a) Competitive Grants; Systemic Education Transformation Through Technology Integration A local educational agency that receives funds through a subgrant under section 2412(a)(2)(B), shall carry out activities to improve student learning, technology literacy, and achievement, as follows: (1) Use not less than 5 percent of such funds to evaluate the impact of 1 or more programs or activities carried out under the subgrant as identified in the local educational agency's application and approved by the State educational agency. (2) Use funds remaining after carrying out paragraph (1) to implement a plan for systemic education transformation in 1 or more schools, in accordance with section 2415(b)(1), including each of the following: (A) Using not less than 25 percent of subgrant funds to ensure educators, including teachers and administrators, are technology literate, prepared to use technology to improve the curriculum and instruction, and are connected online to supports and resources, including through the following: (i) Professional development activities, as described in subsection (b)(1)(A). (ii) The acquisition and implementation of technology tools, applications, and other resources to provide educators with ongoing access and support, including for use in the professional development activities described in clause (i). (B) Acquiring and effectively implementing technology tools, applications, and other resources in conjunction with enhancing or redesigning the curriculum or instruction in order to— (i) increase student learning opportunity or access, student engagement in learning, or student attendance or graduation rates; (ii) improve student achievement in 1 or more of the core academic subjects; and (iii) improve student technology literacy. (C) Acquiring and effectively implementing eligible technology, tools, applications, and other resources to— (i) conduct ongoing formative and other assessments and use other timely data sources and data systems to more effectively identify and address individual student learning needs; (ii) support personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors otherwise not available except through technology and online learning; (iii) conduct other activities consistent with research-based or innovative systemic education transformation, including activities that increase parental involvement; and (iv) address readiness shortfalls identified under the technology readiness survey completed by the local educational agency. (b) Formula Grants; Improving Teaching and Learning Through Technology A local educational agency that receives funds through a subgrant under section 2412(a)(2)(A), shall carry out activities to improve student learning, technology literacy, and achievement in the area of priority identified under section 2415(c)(4), as follows: (1) Use not less than 40 percent of such funds for professional development activities that are aligned with activities supported under section 2123 to improve educator effectiveness and quality through support for the following: (A) Training of school personnel, which— (i) shall include the development, acquisition, or delivery of— (I) training that is ongoing, sustainable, timely, and directly related to up-to-date teaching content areas; (II) training in strategies and pedagogy in the core academic subjects that involve use of technology and curriculum redesign as key components of changing teaching and learning and improving student achievement and technology literacy; (III) training in the use of computer-based and online assessments, and in the use of student performance and other data for individualized instruction; (IV) training that includes ongoing communication and follow-up with instructors, facilitators, and peers; and (ii) may include— (I) the use of, and training of, instructional technology specialists, mentors, master teachers, or coaches to serve as experts and train other teachers in the effective use of technology; and (II) the use of technology, such as distance learning and online virtual educator-to-educator peer communities, as a means for delivering professional development. (B) The acquisition and implementation of eligible technology, tools, applications, and other resources to be employed in the professional development activities described in subparagraph (A). (2) Use funds remaining after carrying out paragraph (1) to acquire or implement technology tools, applications, and other resources to improve student learning, technology literacy, and achievement in the area of priority identified by the local educational agency, including through 1 or more of the following: (A) Conducting ongoing formative assessment and using other timely data sources and data systems to more effectively identify and address individual student learning needs. (B) Supporting personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors not otherwise available except through technology such as online learning. (C) Increasing parental involvement through improved communication with teachers and access to student assignments and grades. (D) Enhancing accountability, instruction, and data-driven decisionmaking through data systems that allow for management, analysis, and disaggregating of student, teacher, and school data. (E) Such other activities as are appropriate and consistent with the goals and purposes of this part. (c) Multiple Grants A local educational agency that receives subgrants under both subparagraph (A) and subparagraph (B) of section 2412(a)(2) may use all such subgrant funds for activities authorized under subsection (a). (d) Modification of funding allocations A State educational agency may authorize a local educational agency to modify the percentage of the local educational agency’s subgrant funds required to carry out the activities described in subsections (a) or (b) if the local educational agency demonstrates that such modification will assist the local educational agency in more effectively carrying out such activities. (e) Purchasing consortia Local educational agencies receiving subgrants under subsection (a) or (b) may— (1) form a local purchasing consortia with other such local educational agencies to carry out the activities described in subsection (a) or (b), including purchasing eligible technology; and (2) use such funds for purchasing eligible technology through a State purchasing consortia under section 2414(c). 2417. Reporting (a) Local educational agencies Each local educational agency receiving a subgrant under this part shall submit to the State educational agency that awarded such subgrant an annual report that meets the requirements of subsection (c). (b) State educational agencies Each State educational agency receiving a grant under this subpart shall submit to the Secretary an annual report that meets the requirements of subsection (c). (c) Report requirements A report submitted under subsection (a) or (b) shall include, at a minimum, a description of— (1) the status of the State educational agency’s plan described in section 2413(b)(1) or the local educational agency’s technology plan under section 2415(a)(1)(B), as applicable; (2) the categories of eligible technology acquired with funds under this subpart and how such technology is being used; (3) the professional development activities funded under this subpart, including types of activities and entities involved in providing such professional development to classroom teachers and other staff, such as school librarians; (4) the instruction, strategies, activities, and curricula used in the programs funded under this subpart; and (5) the types of programs funded under this subpart. 2 Internet Safety 2421. Internet safety (a) In general No funds made available under this part to a local educational agency for an elementary school or secondary school that does not receive services at discount rates under section 254(h)(5) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(5) (1) (A) has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— (i) obscene; (ii) child pornography; or (iii) harmful to minors; and (B) is enforcing the operation of such technology protection measure during any use of such computers by minors; and (2) (A) has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— (i) obscene; or (ii) child pornography; and (B) is enforcing the operation of such technology protection measure during any use of such computers. (b) Timing and applicability of implementation (1) In general The local educational agency with responsibility for a school covered by subsection (a) shall certify the compliance of such school with the requirements of subsection (a) as part of the application process for each program funding year. (2) Process (A) Schools with internet safety policies and technology protection measures in place A local educational agency with responsibility for a school covered by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify its compliance with subsection (a) during each annual program application cycle under this part. (B) Schools without internet safety policies and technology protection measures in place (i) Certification A local educational agency with responsibility for a school covered by subsection (a) that does not have in place an Internet safety policy meeting the requirements of subsection (a) for each year in which the local educational agency is applying for funds for such school under this part, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy that meets such requirements. (ii) Ineligibility Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements for a year shall be ineligible for all funding under this part for such year and all subsequent years until such time as such school comes into compliance with such requirements. (c) Disabling during certain use An administrator, supervisor, or person authorized by the responsible authority under subsection (a) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes. (d) Noncompliance (1) Use of general education provisions act remedies Whenever the Secretary has reason to believe that any recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary may— (A) withhold further payments to the recipient under this part; (B) issue a complaint to compel compliance of the recipient through a cease and desist order; or (C) enter into a compliance agreement with a recipient to bring it into compliance with such requirements, in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act. (2) Recovery of funds prohibited The actions authorized by paragraph (1) are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this section, and the Secretary shall not seek a recovery of funds from the recipient for such failure. (3) Recommencement of payments Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the recipient under that paragraph. (e) Definitions In this subpart: (1) Access to internet A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network that has access to the Internet. (2) Acquisition or operation An elementary school or secondary school shall be considered to have received funds under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly— (A) to purchase, lease, or otherwise acquire or obtain the use of such computer; or (B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. (3) Child pornography The term child pornography section 2256 (4) Computer The term computer (5) Harmful to minors The term harmful to minors (A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. (6) Minor The term minor (7) Obscene The term obscene (8) Sexual act and sexual contact The terms sexual act sexual contact (f) Severability If any provision of this section is held invalid, the remainder of this section shall not be affected thereby. . III Language and academic content instruction for English learners and immigrant students 3001. Language and academic content instruction for English learners and immigrant students Title III (20 U.S.C. 6801 et seq.) is amended to read as follows: III Language and academic content instruction for English learners and immigrant students A English Language Acquisition, Language Enhancement, and Academic Achievement Act 3101. Short title This part may be cited as the English Language Acquisition, Language Enhancement, and Academic Achievement Act 3102. Purposes The purposes of this part are— (1) to ensure that English learners, including immigrant children and youth, achieve English proficiency; (2) to supplement the other services under this Act and related programs designed to ensure that English learners develop high levels of academic attainment and meet the college and career ready standards under section 1111(a)(1); (3) to support States as they— (A) adopt English language proficiency standards that include not less than 4 levels of English proficiency; (B) establish statewide frameworks for identifying and supporting English learners; and (C) adopt valid and reliable assessments of English proficiency aligned to— (i) English language proficiency standards; (ii) the statewide criteria for identifying English learners,; (iii) entering and exiting criteria; and (iv) a statewide system for supporting English learners; and (4) to support the efforts of early childhood educators, teachers, school leaders, State educational agencies, and local educational agencies to develop and enhance the capacity and flexibility needed to— (A) provide evidence-based, linguistically and culturally appropriate services to assist English learners supported under this part in— (i) attaining English language proficiency; (ii) meeting college and career ready academic content standards under section 1111(a)(1); and (iii) achieving school readiness before kindergarten entry; (B) implement such services effectively; (C) evaluate the impact of such services on school readiness, English language proficiency, and academic content knowledge; (D) modify such services as appropriate to meet the needs of students; and (E) create the conditions for learning necessary to meet the needs of English learners so English learners can access rigorous academic content; and (5) to promote family and community participation in language instruction educational programs in communities for parents of English learners. 1 Grants and subgrants for English language acquisition and language enhancement 3111. Formula grants to States (a) In general In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 3113, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency under subsection (c). (b) Use of funds (1) Subgrants to eligible entities The Secretary may make a grant under subsection (a) only if the State educational agency involved agrees to expend not less than 95 percent of the State educational agency’s allotment under subsection (c) for a fiscal year— (A) to award subgrants, from allocations under section 3114, to eligible entities to carry out the activities described in section 3115 (other than subsection (e) of that section); and (B) to award subgrants under section 3114(d)(1) to eligible entities that are described in that subsection to carry out the activities described in section 3115(d). (2) State activities (A) In general Subject to subparagraph (B), each State educational agency receiving a grant under subsection (a) may reserve not more than 10 percent of the agency’s allotment under subsection (c) for the purpose of carrying out 1 or more of the following activities: (i) Establishing and implementing a framework for identifying English learners that includes not less than 4 levels of English proficiency that— (I) can reasonably be measured; (II) are based on actual student performance; and (III) shall be used for identification, placement in English language instruction, reporting, and accountability purposes. (ii) Establishing and implementing standardized, statewide evidence-based entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State. (iii) Establishing and implementing policies to support local educational agencies as local educational agencies ensure the continuity of English-learner identification and English proficiency level for students who transfer between local educational agencies. (iv) Adopting and implementing high-quality, evidence-based English language proficiency standards and matching assessments that identify not less than 4 levels of English proficiency and that are aligned with the college and career ready standards under section 1111(a)(1) adopted by the State for each grade level that— (I) set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; and (II) support teachers as teachers enhance instruction to support English learners. (v) Establishing and implementing systems and policies to encourage and facilitate the sharing of highly effective practices for serving English learners among local educational agencies. (vi) Developing, in States where 20 percent of the English learner population has the same native language and a minimum of 10,000 students speak that language, native-language content assessments for students of that language group who cannot yet access the content in English, and incorporating the results of those assessments into the accountability system established under section 1111(a)(3) and 1116. (vii) Providing technical assistance to local educational agencies regarding professional development and family and community outreach and engagement. (viii) As appropriate, providing competitive grants to support improved outreach and school readiness in early education settings. (ix) As appropriate, developing curricula appropriate for dual-language instructional environments. (x) Planning, administration, and interagency coordination. (B) Limitation A State may use not more than one-third of the amount reserved under subparagraph (A) or $175,000, whichever is greater, for the activities described in subparagraph (A)(x). (c) Reservations and allotments (1) Reservations From the amount appropriated under section 3(j) for each fiscal year, the Secretary shall reserve— (A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are defined under section 3112(a) for activities, approved by the Secretary, consistent with this subpart; (B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart (as determined by the Secretary) for activities that are approved by the Secretary and consistent with the purposes of this subpart; (C) 3.5 percent of such amount for national activities under subpart 3, except that not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Learner Support and Educational Programs described in section 3203; and (D) 3 percent of such amount for technical assistance provided to States under section 3122(c). (2) State allotments (A) In general Except as provided in subparagraph (B), from the amount appropriated under section 3(j) for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each State educational agency having a plan approved under section 3113(c)— (i) an amount that bears the same relationship to 80 percent of the remainder as the number of English learners in the State bears to the number of such children in all States , as determined by using data in accordance with paragraph (3); and (ii) an amount that bears the same relationship to 20 percent of the remainder as the number of immigrant children and youth in the State bears to the number of such children and youth in all States, as determined based only on data available from the American Community Survey conducted by the Department of Commerce. (B) Minimum allotments No State educational agency shall receive an allotment under this paragraph that is less than $500,000. (C) Reallotment If any State educational agency described in subparagraph (A) does not submit a plan to the Secretary for a fiscal year, or submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of this subpart, the Secretary shall reallot any portion of such allotment to the remaining State educational agencies in accordance with subparagraph (A). (D) Special rule for puerto rico The total amount allotted to Puerto Rico for any fiscal year under subparagraph (A) shall not exceed 0.5 percent of the total amount allotted to all States for that fiscal year. (3) Use of data for determinations In making State allotments under paragraph (2)(A)(i), for each fiscal year, the Secretary shall determine the number of English learners in a State and in all States, for each fiscal year, using the most accurate, up-to-date data, which may be— (A) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; (B) the number of students assessed as not having attained English language proficiency, based on the State's English language proficiency assessment under section 1111(a)(2)(D), which may be multi-year estimates; (C) a combination of data available under subparagraphs (A) and (B); or (D) the most reliable source of data available to the Secretary for determining the number of immigrant children and youth in a State and in all States. 3112. Native American and Alaska Native children in school (a) Eligible entities For the purpose of carrying out programs under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: (1) An Indian tribe. (2) A tribally sanctioned educational authority. (3) A Native Hawaiian or Native American Pacific Islander native language educational organization. (4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Education of the Department of the Interior, or a consortium of such schools. (5) An elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education of the Department of the Interior, in consortium with another such school or a tribal or community organization. (6) An elementary school or secondary school operated by the Bureau of Indian Education of the Department of the Interior and an institution of higher education, in consortium with an elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education of the Department of the Interior or a tribal or community organization. (b) Submission of applications for assistance Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a) that desires to receive Federal financial assistance under this subpart, shall submit an application to the Secretary. (c) Special rules (1) Ineligibility for multiple awards for same period An eligible entity described in subsection (a) that receives a grant under this section shall not be eligible to receive a subgrant under section 3114 for the same period. (2) Native american language programs An eligible entity described in subsection (a) that receives a grant under this section may, in addition to other activities supported under this subpart, use the grant funds to support Native American language immersion programs and Native American language restoration programs, which may be taught by traditional or tribal leaders. 3113. State educational agency plans (a) Plan required Each State educational agency desiring a grant under this subpart shall submit a plan to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents Each plan submitted under subsection (a) shall— (1) describe the process that the agency will use in awarding subgrants to eligible entities under this subpart; (2) include high-quality, evidence-based English language proficiency standards aligned with the college and career ready standards adopted by the State and described in section 1111(a)(1) for each grade level that— (A) set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; and (B) support teachers as teachers enhance curriculum and instruction to support English learners; (3) include a statewide framework for identifying, supporting, and exiting English learners that— (A) is aligned with the English language proficiency standards described in paragraph (2); and (B) includes not less than 4 levels of proficiency; (4) describe the statewide framework adopted under paragraph (3), including a justification for the number of levels of proficiency, the defining characteristics of each level, and a description of the extent to which students can use the English language to access rigorous academic content at each level of English language proficiency; (5) include a State English language proficiency assessment system that— (A) is valid, reliable, and aligned to the English language proficiency standards described in paragraph (2) and the statewide framework described in paragraph (3); and (B) provides relevant information to educators to better meet the needs of the English learners being served; (6) describe how the State will ensure that— (A) each student is proficient in academic English not more than 5 years after being identified as an English learner; and (B) in the case of a student who is an English learner who will graduate from secondary school in less than 5 years of being identified as an English learner— (i) such English learner student will receive not less than 5 years of services to help the student attain English proficiency; (ii) such English learner student will continue to receive services to gain English proficiency after graduation from secondary school, through a memorandum of understanding between the local educational agency and a local institution of higher education; and (iii) if such English learner student does not attain English proficiency not more than 5 years after being identified as an English learner, the student will not be counted as a graduating student in the State or local educational agency's calculation of the graduation rate; (7) provide an assurance the State will include English language proficiency assessment results as a representative and significant portion of the State-designed professional growth and improvement system, and a description of the process for doing so; (8) provide an assurance the State will include English language proficiency assessment results as a significant portion of the State-designed professional growth and improvement system for all teachers of English learners, and a description of the process for doing so; (9) describe how the State educational agency will support local educational agencies in assisting English learners in acquiring proficiency in each of the 4 language domains of reading, writing, speaking, and listening, as measured by the State’s English language proficiency assessment; (10) describe how the State educational agency will encourage and facilitate the sharing of highly-effective practices for serving English learners among local educational agencies, and, to the extent practicable, early childhood education programs; (11) describe how the State educational agency will coordinate programs and activities carried out under this subpart with the other programs and activities that such agency carries out under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. (12) describe how the agency will assist eligible entities in increasing the extent to which English learners acquire English language proficiency within the time frame described in paragraph (6), as informed by evidence-based practices; (13) provide an assurance eligible entities in the State will be given the flexibility to teach English learners using a language instruction curriculum that has been demonstrated to be effective; (14) describe how the agency will manage subgrants awarded under this subpart, including— (A) how the agency will ensure subgrant funds are expended to support the provision of services to help English learners achieve English language proficiency and meet the State’s college and career ready academic content standards, which may include using a evidence-based language instruction curriculum; (B) how the agency will monitor eligible entities receiving a subgrant under this part to ensure compliance with applicable Federal fiscal requirements, while also assisting such entities in building their capacity to offer high-quality services; and (C) how the agency will, in awarding subgrants under section 3114, address the needs of local educational agencies of all sizes and in all geographic areas, including local educational agencies that serve rural and urban schools; (15) identify the lowest performing local educational agencies in the State (regarding the activities described in this title) and describe how the State will ensure that those local educational agencies improve; and (16) provide an assurance the plan has been developed in consultation with local educational agencies, teachers, administrators of programs described under this part, parents, family members, community partners, and other relevant stakeholders. (c) Approval (1) In General The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan meets the requirements of this section. (2) Frequency and duration The State shall resubmit the plan submitted under subsection (a) every 4 years, and such resubmissions shall coincide with the years that the State submits a State plan under title I. (3) Additional information (A) Amendments If a State educational agency amends the plan approved under this subsection, the agency shall submit the amendment to the Secretary. (B) Approval The Secretary shall approve an amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this part. (d) Consolidated plan A plan submitted under subsection (a) may be submitted as part of a State consolidated plan. (e) Secretary assistance The Secretary shall provide technical assistance, if requested, in the development of English language proficiency standards, performance targets, and assessments. 3114. Within-State allocations (a) In general After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(2) shall award subgrants for a fiscal year by allocating, in a timely manner, to each eligible entity in the State having a plan approved under section 3116, an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in public and nonpublic schools served by the eligible entity bears to the population of English learners in public and nonpublic schools served by all eligible entities in the State. (b) Limitation A State educational agency shall not award a subgrant from an allocation made under subsection (a) if the amount of such subgrant would be less than $10,000. (c) Reallocation Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as the agency determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose. (d) Required reservation A State educational agency receiving a grant under this subpart for a fiscal year— (1) may reserve not more than 15 percent of the agency’s allotment under section 3111(c)(2) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, including students with interrupted formal education, who have enrolled, during the fiscal year preceding the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and (2) in awarding subgrants under paragraph (1)— (A) shall consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth, including students with interrupted formal education,; (B) shall consider eligible entities that experience a significant increase in the percentage of immigrant children and youth served, including students with interrupted formal education, and eligible entities that experience a significant increase in the number of immigrant children and youth served, including students with interrupted formal education; and (C) shall consider the quality of each local plan under section 3116 and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part. 3115. Subgrants to eligible entities (a) Purposes of subgrants A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to supplement the education of English learners by helping English learners learn English and meet the State college and career ready academic content and student academic achievement standards. The eligible subgrantee shall carry out activities with such funds, using evidence-based approaches and methodologies that have been demonstrated to be effective for teaching English learners and immigrant children and youth, for the following purposes: (1) Developing and implementing new language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs. (2) Carrying out highly focused, innovative, locally designed, evidence-based activities to expand or enhance existing language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth. (3) Implementing, within an individual school, whole school programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (4) Implementing, within the entire jurisdiction of a local educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (b) Administrative expenses Each eligible entity receiving funds under section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. (c) Allowable activities An eligible agency that receives a subgrant under section 3114 may use subgrant funds to meet the academic and language needs of English learners, in order to meet the performance targets described under section 3121, by carrying out the following activities: (1) (A) Developing an individual performance target for each English learner that is not less than the rate of growth in English proficiency necessary for the student to achieve proficiency not more than 5 years after being identified as an English learner; and (B) in the case of a student who will graduate from secondary school in less than 5 years, ensuring that— (i) such student will receive not less than 4 years of services to help the student attain English proficiency; (ii) the student will continue to receive services to gain English proficiency after graduation from secondary school, through a partnership between the local educational agency and a local institution of higher education; and (iii) if a student described in this subparagraph does not attain English proficiency not more than 5 years after being identified as an English learner, the student will not be counted as a graduating student in the local educational agency's calculation of the graduation rate. (2) Developing and carrying out sustained, long term, job-embedded, data driven professional development for educators that includes— (A) specific knowledge and skills school leaders need to— (i) implement evidence-based strategies to create positive conditions for learning; (ii) create conditions for learning; (iii) support effective, evidence-based instructional programs; (iv) design comprehensive professional growth plans for educators who serve English learners; (v) develop the capacity of content-area teachers to meet the unique cultural, language, and academic needs of English learners; and (vi) meet the unique needs, cultural and otherwise, of families of English learners; (B) specific knowledge and skills teachers of English learners need to— (i) implement evidence-based instructional strategies for improving English learner acquisition of academic language; (ii) meet the academic and language needs of English learners of different ages; and (iii) meet the unique needs, cultural and otherwise, of families of English learners; and (C) specific knowledge and skills content-area teachers need to— (i) adapt, accommodate, and enhance academic content curricula and assessments, to the greatest extent practicable, to ensure that English learners can access academic content while maintaining the high expectations necessary to meet the performance targets described under section 3121 and the college and career ready standards described in section 1111(a)(1); (ii) execute evidence-based instructional strategies for improving English learner acquisition of content-specific language and concepts; (iii) execute evidence-based instructional practices for improving English learner acquisition of academic language; and (iv) meet the unique needs, cultural and otherwise, of families of English learners. (3) Implementing and carrying out opportunities for teachers of English learners and content-area teachers to plan collaboratively during contract hours. (4) Implementing or enhancing schoolwide data analysis and intervention teams to improve the achievement of English learners. (5) Developing, implementing, and carrying out not less than 1 of the following family engagement strategies: (A) Implementing community school models and related activities, such as opening school facilities to community-based organizations, establishing parent institutes, operating or supporting co-location with family literacy programs, and establishing co-location with public assistance programs. (B) Providing compensatory time to allow teachers to conduct home visits, or establishing a home visiting program in collaboration with a community-based organization. (C) Establishing native-language family outreach call centers. (D) Other evidence-based outreach strategies. (6) As necessary, acquiring evidence-based curricular and instructional materials designed to meet the needs of English learners. (d) Activities by agencies experiencing substantial increases in immigrant children and youth (1) In general An eligible entity receiving funds under section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, including students with interrupted formal education, which may include— (A) family literacy, parent and family outreach, and leadership development activities designed to assist parents and family members in becoming engaged participants in the education and development of their children; (B) recruitment of, and support for, personnel, including early childhood educators, teachers, and paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; (C) the provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; (D) identification, development, and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with funds awarded under section 3114(a); (E) basic instructional services that are directly attributable to the presence in the local educational agency involved of immigrant children and youth, including the payment of costs of providing additional classroom supplies and costs of transportation; (F) such other costs that are directly attributable to such additional basic instructional services or that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and (G) activities, coordinated with community-based organizations (including community-based organizations providing early childhood education programs), institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents of immigrant children and youth by offering comprehensive community services. (2) Duration of subgrants The duration of a subgrant made by a State educational agency under section 3114(d)(1) shall be determined by the agency in the agency's discretion. (e) Selection of method of instruction (1) In general An eligible entity receiving a subgrant from a State educational agency under this subpart shall select 1 or more methods or forms of evidence-based instruction to be used in the programs and activities undertaken by the entity in assisting English learners in attaining English language proficiency and meeting State college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) in order to be college and career ready. (2) Consistency The selection of methods or forms of instruction, as described under paragraph (1), shall be consistent with sections 3125 through 3128. (f) Supplement, Not Supplant Federal funds made available under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. 3116. Local plans (a) Plan required Each eligible entity desiring a subgrant from a State educational agency under section 3114 shall submit a plan to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (b) Contents Each plan submitted under subsection (a) for a subgrant under section 3114(a) shall, at a minimum— (1) describe the evidence-based programs and activities proposed to be developed, implemented, and administered under the subgrant, including how such programs and activities will enable children to speak, read, write, and comprehend the English language, meet State college and career ready academic content standards and student academic achievement standards under section 1111(a)(1), and be college and career ready; (2) describe how the eligible entity will hold elementary schools and secondary schools receiving funds under this subpart accountable for— (A) assessing annually, in accordance with section 1111(a)(2)(D), the English language proficiency of all English learners participating in programs funded under this subpart; and (B) meeting timelines, progress criteria, and performance targets for English learners in order to ensure that students served by programs carried out under this part— (i) achieve English proficiency; and (ii) meet the State’s college and career ready academic content standards under section 1111(a)(1); (3) describe how the eligible entity will engage family and community members and involve them in activities carried out using subgrant funds; (4) describe how the eligible entity will consult with teachers, researchers, school administrators, parents, family and community members, and, if appropriate, with education-related community groups and nonprofit organizations, and institutions of higher education, in developing and implementing such plan; (5) describe how language instruction and academic content instruction carried out under the subgrant will ensure that English learners being served by the programs develop English language proficiency and demonstrate such proficiency through academic content mastery; (6) describe how the eligible entity will, if applicable, coordinate activities under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers; and (7) contain an assurance that— (A) the eligible entity is not in violation of State law, including State constitutional law, regarding the education of English learners, consistent with sections 3124 through 3128; (B) each local educational agency that is included in the eligible entity complies with section 3202 prior to, and throughout, each school year; and (C) in developing the plan, the eligible entity considered how best to target funds to schools with high concentrations of English learners and to support continuous improvement in the services offered to English learners in the area served by the eligible entity. (c) Teacher english fluency Each eligible entity receiving a subgrant under this subpart shall include in the plan a certification that all teachers in any language instruction educational program for English learners that is, or will be, funded under this part are fluent in the language used for instruction, including having written and oral communications skills. 2 Accountability and administration 3121. Local evaluation and accountability (a) Evaluation (1) In General Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with an evaluation, in a form prescribed by the agency, that includes— (A) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years; (B) a description of the progress made by children in learning the English language as measured by the State English language proficiency assessment described in section 3113(b)(5) and meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); (C) the number and percentage of children in the programs and activities who meet the target established under section 3113(b)(6)(A); (D) a description of the progress made by children in meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) for each of the 2 years after such children are no longer receiving services under this part; and (E) a description of the progress made by former English learners in meeting college and career ready academic content standards and student achievement standards under section 1111(a)(1). (2) Use of Evaluation An evaluation provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency— (A) for improvement of programs and activities; (B) to determine the effectiveness of programs and activities in assisting children who are English learners to attain English proficiency, as measured in a way that is consistent with paragraph (4), and meet college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); and (C) in determining whether or not to continue funding for specific programs or activities. (3) Evaluation Components An evaluation provided by an eligible entity under subsection (a) shall— (A) provide an evaluation of children enrolled in a program or activity conducted by the entity using funds under subpart 1 (including the percentage of children) who— (i) are making progress in attaining English proficiency, including the percentage of children who have achieved English proficiency; (ii) have transitioned into classrooms not tailored to English learners, and have a sufficient level of English proficiency to permit them to achieve in English and transition into classrooms not tailored to limited English learners; (iii) are meeting the college and career ready standards under section 1111(a)(1); and (iv) are not exempted from the State reading or language arts academic assessment in accordance with section 1111(a)(2)(B)(v)(II); and (B) include such other information as the State educational agency may require. (4) Evaluation Measures A State shall approve evaluation measures for use under paragraph (3) that are designed to assess— (A) the progress of children in attaining English proficiency, including a child's level of comprehension, speaking, listening, reading, and writing skills in English; (B) student attainment of college and career ready student academic achievement standards under section 1111(a)(1) on assessments described in section 1111(a)(2); and (C) progress in meeting the annual State performance targets described in section 3122. (b) Accountability (1) In general Each eligible entity that receives a subgrant from a State educational agency under this title shall annually reach an agreement with the State educational agency on a local English proficiency performance target for the percentage of English learners served by the eligible entity under this title who are making progress in achieving English proficiency not more than 5 years after being identified as an English learner. For purposes of this paragraph, English proficiency shall be measured using the English language proficiency assessment described in section 3113(b)(5). (2) Students who will graduate in less than 5 years In the case of a student who will graduate from secondary school in less than 5 years, if such does not attain English proficiency not more than 5 years after being identified as an English learner, the student shall not be counted as a graduating student in the local educational agency's calculation of the graduation rate. (3) Technical assistance During the development of the improvement plan described in paragraph (4), and throughout the implementation of such plan, the State educational agency shall— (A) provide technical assistance to the eligible entity; (B) provide technical assistance, if applicable, to schools served by the eligible entity under subpart 1 that need assistance to enable the schools to meet the eligible entity's local performance target described in paragraph (1); (C) assist the eligible entity in improving the professional development described in section 3115(c)(2) that such eligible entity is providing to educators; and (D) develop, in consultation with the eligible entity, a plan to incorporate evidence-based strategies and methodologies to improve the specific program or method of instruction provided to English learners. (4) Accountability (A) 2-Year Accountability If an eligible entity fails to meet the local performance target described in paragraph (1) for 2 consecutive years, the State educational agency shall— (i) identify such eligible entity as being in need of improvement; and (ii) require the eligible entity to develop and implement an improvement plan. (B) Entities in need of improvement If an eligible entity fails to meet the local performance targets described in paragraph (1) a year after being identified as being in need of improvement, as described in subparagraph (A)(i), the State educational agency shall— (i) identify such eligible entity as being in need of State support; (ii) require such eligible entity to develop and implement a plan to modify the entity’s curriculum, program, and method of instruction; and (iii) submit such plan to the State educational agency for approval. (C) Entities in need of State support If an eligible entity fails to meet the local performance targets described in paragraph (1) a year after being identified as being in need of State support, as described in subparagraph (B)(i), the State educational agency shall— (i) identify such eligible entity as being in need of State action; (ii) manage the subgrant funds and the eligible entity's subgrant programs for 4 years, or until the local performance target is reached if such target is reached in less than 4 years; and (iii) after 4 years, or after the local performance target is reached if such target is reached in less than 4 years, institute a 2 year probationary period, during which the State educational agency shall once again manage the subgrant funds and programs if the eligible entity fails to meet the local performance target at any time during the probationary period. 3122. State accountability (a) In general Each State educational agency, with input from subgrantees, shall establish in the State plan submitted under section 3113, a State performance target for the percentage of English learners served by the State under this title who are making progress in achieving English proficiency not more than 5 years after being identified as an English learner. The State performance target established under this subsection shall be subject to approval by the Secretary. Each State educational agency shall ensure that the local performance targets described in section 3121(b)(1) result, in the aggregate, in the State achieving the State’s performance target for English learners. (b) Improvement plan If a State educational agency has failed to meet the State's performance target for 2 consecutive years, the Secretary shall require the State educational agency to develop an improvement plan that will ensure that the State educational agency meets the State performance target. The improvement plan shall specifically address the factors that prevented the agency from meeting such performance target. (c) Technical assistance During the development of the improvement plan described in subsection (b), and throughout the implementation of such plan, the Secretary shall— (1) provide technical assistance to the State educational agency using the funds described in section 3111(c)(1)(D); (2) assist the State educational agency in developing a plan to improve and disseminate the professional development described in section 3115(c)(2); and (3) develop, in consultation with the State educational agency, a plan to incorporate evidence-based strategies and methodologies to improve the specific programs and method of instruction in use in such State. (d) Accountability (1) In General If a State educational agency fails to meet its performance target for 4 consecutive years, the Secretary shall— (A) require such State educational agency to modify its State plan and the methods of instruction in use in the State; or (B) require such State educational agency to— (i) identify low-performing local educational agencies in the State; (ii) develop and implement a plan to partner such low-performing local educational agencies with high-performing local educational agencies in the State that have met the local performance targets for the previous 3 years; and (iii) reallocate any grant funding under this title that would have otherwise been distributed to an identified low-performing local educational agency to such agency's high-performing partner local educational agency, as described in clause (ii), to enable the high-performing partner agency to provide technical assistance. (2) Students who will graduate in less than 5 years In the case of a student who will graduate from secondary school in less than 5 years, if such student does not attain English proficiency not more than 5 years after being identified as an English learner, the student shall not be counted as a graduating student in the State educational agency's calculation of the graduation rate. 3123. Reporting requirements (a) States Each State educational agency that receives assistance under this part shall provide annually to the Secretary, and make widely available within the State, a report containing information about— (1) the State’s progress in developing and implementing the English language proficiency standards described in section 3111(b)(2)(A)(iv); (2) the achievement, academic growth, and acquisition of English language proficiency of students served under this title; (3) programs and activities carried out by the State educational agency under this part; and (4) the effectiveness of such programs and activities in improving the education provided to English learners. (b) Secretary Every second year, the Secretary shall prepare and submit to the authorizing committees of Congress a report containing— (1) information about programs and activities carried out to serve English learners under this part, and the effectiveness of such programs and activities in improving the academic achievement and English proficiency of English learners; (2) information about the types of language instruction educational programs used by eligible entities receiving funding under this part to teach English learners; (3) a critical synthesis of data reported by eligible entities to States under section 3121(a)(3); (4) a description of technical assistance and other assistance provided by State educational agencies under section 3111(b)(2)(A); (5) an estimate of the number of certified or licensed teachers working in language instruction educational programs and educating English learners, and an estimate of the number of such teachers that will be needed for the succeeding 5 fiscal years; (6) the major findings of scientifically based research carried out under this title; (7) the number of programs or activities, if any, that were subject to accountability measures described in section 3121(b)(4) due to a failure to meet local performance targets; (8) the number of English learners served by eligible entities receiving funding under this part who were transitioned out of language instruction educational programs funded under this part into classrooms where instruction is not tailored for English learners; and (9) other information gathered from other reports submitted to the Secretary under this title, as applicable. 3124. Coordination with related programs In order to maximize Federal efforts aimed at serving the educational needs of English learners, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and English learners that are administered by the Department and other agencies. 3125. Rules of construction Nothing in this part shall be construed— (1) to prohibit a local educational agency from serving English learners simultaneously with children with similar educational needs, in the same educational settings where appropriate; (2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for English learners; (3) to limit the preservation or use of Native American languages; (4) to prohibit the use of dual language programs to serve the needs of English learners and children with similar educational needs, in the same educational setting as appropriate. 3126. Legal authority under State law Nothing in this part shall be construed to negate or supersede State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are under the jurisdiction of the State agency, entity, or official. 3127. Civil rights Nothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right. 3128. Programs for Native Americans and Puerto Rico Notwithstanding any other provision of this part, programs authorized under this part that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children shall be increased English proficiency among such children. 3129. Prohibition In carrying out this part, the Secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating English learners. 3 National activities 3131. Professional Development Grants (a) Grants Authorized The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants, on a competitive basis and for a period of not more than 5 years, to institutions of higher education or nonprofit institutions with relevant experience or expertise and capacity (in consortia with State educational agencies or local educational agencies) in order to enable such consortia to— (1) provide for professional development activities that will improve classroom instruction for English learners; (2) assist educational personnel working with English learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs and academic content instruction programs or serve English learners. (b) Uses of funds Grants awarded under this section may be used to— (1) support partnerships between State or local educational agencies and institutions of higher education to support the work of individuals who are completing baccalaureate and masters programs (such as programs in the areas of teacher training, program administration, policy, research, evaluation, assessment, and curriculum development) and to improve educational services and programs for English learners, provided that recipients of fellowships or assistance are required, on completion of their studies, to— (A) assist in the education of English learners through work in a school, local educational agency, or other educational agency or organization for a period of time equivalent to the period of time during which the individual receives assistance under this section; or (B) repay all or a prorated part of the financial assistance received under this section; (2) support research on promising instructional strategies or programs that have practical applications for teachers, counselors, parents and family members, school leaders, and others responsible for educating or improving the education of English learners and their families; (3) support strategies that promote school readiness for English learners and the transition from early childhood education programs, such as Head Start or State preschool programs, to elementary school programs; (4) support strategies that promote high school graduation for English learners; (5) support strategies that strengthen and increase family and community member engagement in education; (6) support the development of curricula that are appropriate to the needs of the participating consortium; and (7) support the dissemination of information gathered in accordance with paragraphs (1) through (5), particularly evidence-based best practices and the provision of technical assistance. 3132. Commission on assessment of English learners (a) Commission on assessment of english learners (1) In general The Secretary shall establish an independent commission on the assessment and advancement of English learners (referred to in this section as the commission (2) Date of appointment The members of the commission shall be appointed not later than 6 months after the date of enactment of the Strengthening America’s Schools Act of 2013 (b) Composition (1) In general The commission shall be comprised of individuals with experience and expertise in the educational advancement and development of English learners, including individuals with expertise in— (A) the practice of teaching English to speakers of other languages; (B) measurement and educational assessment systems; and (C) educational assessment and accountability practices. (2) Expertise of members The Secretary shall ensure that the individuals selected in accordance with paragraph (1) are experts who are competent, by virtue of their training, expertise, or experience, to evaluate instruction, assessments, and models for English learners. (c) Duties of the commission The commission shall provide the Secretary with advice and recommendations about the following issues: (1) The development and approval of standards pertaining to English learners, in order to assist the Secretary in the review and approval of statewide accountability systems that are required under section 3113(b)(5) and section 1111(a)(3). (2) The provision of regulations and guidance pertaining to the inclusion of English learners in assessment and accountability systems, including recommendations about appropriate accommodations and appropriate weights for assessments involving English learners, including the English language proficiency assessments described in section 3113(b)(5). (3) Ensuring that State English language proficiency standards under section 3113(b)(2) and section 1111(a)(1)(D) are properly aligned with college and career ready academic content standards under section 1111(a)(1). (4) The formation of peer review panels, under section 1111(b)(4), with regard to— (A) the inclusion on the panels of experts about English learners; and (B) processes to ensure that the work of the peer review panel is consistent with the standards and guidance developed by the commission. (5) Identifying ways to support local capacity-building efforts to assist local educational agencies and schools in properly supporting English learners. (6) Ensuring that the research, development, and dissemination activities of the Department address identified gaps in knowledge for effectively including English learners in assessment and accountability practices. (7) Ways to address the needs of English learners in all program planning at the Department, including inter- and intra-agency coordination. (8) The development of improved early learning assessment strategies and instruments that take into account the development of English learners across all of the essential domains of school readiness. (d) Independently commissioned research The commission may independently commission research that is directly relevant to the implementation of accountability provisions under this Act for English learners. (e) Annual report The commission shall, beginning not later than 1 year after the date on which all members of the commission have been appointed, submit an annual report to the Secretary and the authorizing committees of Congress containing the recommendations described in subsection (c). 3133. English language acquisition technology innovation grants (a) Purposes The Secretary shall use funds made available under section 3111(c)(1)(C) to provide English language acquisition technology innovation grants for purposes of pursuing breakthrough research and development in educational technology and providing the effective use of that technology to improve English proficiency and academic achievement for English learners, by— (1) identifying and promoting advances in fundamental and applied sciences and engineering that could be translated into new language learning or instruction technologies; (2) developing novel language learning or instruction technologies, and the enabling processes and contexts for effective use of those technologies; (3) developing, testing, and evaluating the impact and efficacy of those technologies; (4) accelerating technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; (5) coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and (6) encouraging educational research on English language acquisition using new technologies and the data produced by those technologies. (b) Authorities of Secretary The Secretary is authorized to— (1) establish processes for the development and execution of English language acquisition technology innovation grant projects and the solicitation of entities to carry out the projects in a manner that is— (A) tailored to the purposes of the English language acquisition technology innovation grants and not constrained by other Department-wide administrative requirements that could detract from achieving program results; (B) designed to heighten transparency; and (C) designed to heighten public- and private-sector involvement to ensure that investments are made in the most promising areas; (2) award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); (3) obtain independent, periodic, rigorous evaluations, as appropriate, of— (A) the effectiveness of the processes being used to award and evaluate the effectiveness of the English language acquisition technology innovation grants in achieving the stated purposes; and (B) the effectiveness of individual projects assisted by English language acquisition technology innovation grants, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by such grants for further investment or increased scale; (4) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 20 U.S.C. 9564 (5) collect, analyze, synthesize, and disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), the regional educational laboratories system established under section 174 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9564 (c) Evaluation funds The Secretary may use funds made available for English language acquisition technology innovation grants to pay the cost of the evaluations under subsection (b)(3). (d) Nonduplication To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of the English language acquisition technology innovation grants do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies. B General provisions 3201. Definitions Except as otherwise provided, in this title: (1) Child The term child (2) Community-based organization The term community-based organization (3) Eligible entity The term eligible entity (A) 1 or more local educational agencies; or (B) 1 or more local educational agencies, in collaboration with an institution of higher education, community-based organization, or State educational agency. (4) Immigrant children and youth The term immigrant children and youth (A) are aged 3 through 21; (B) were not born in any State; and (C) have not been attending one or more schools in any one or more States or operated by the Department of Defense Education Authority for more than 3 full academic years. (5) Indian tribe The term Indian tribe 25 U.S.C. 450b (6) Language instruction educational program The term language instruction educational program (A) in which an English learner is placed for the purpose of developing and attaining English proficiency, while meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); and (B) that may make instructional use of both English and a child’s native language to enable the child to develop and attain English proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language. (7) Native american and native american language The terms Native American Native American language 25 U.S.C. 2902 (8) Native hawaiian or native american pacific islander native language educational organization The term Native Hawaiian or Native American Pacific Islander native language educational organization (A) a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and (B) not less than 5 years successful experience in providing educational services in traditional Native American languages. (9) Native language The term native language (A) the language normally used by such individual; or (B) in the case of a child or youth, the language normally used by the parents of the child or youth. (10) Paraprofessional The term paraprofessional (11) State The term State (12) Tribally sanctioned educational authority The term tribally sanctioned educational authority (A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and (B) any nonprofit institution or organization that is— (i) chartered by the governing body of an Indian tribe to operate a school described in section 3112(a) or otherwise to oversee the delivery of educational services to members of the tribe; and (ii) approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in section 3112(a). 3202. Parental notification (a) In general Each eligible entity receiving funds under this title to provide a language instruction educational program and academic content instruction program shall, not later than 30 days after the beginning of the school year, inform a parent or the parents of an English learner identified for participation in, or participating in, such program of— (1) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program and academic content instruction program; (2) the child’s level of English language proficiency, how that level was assessed, whether the child is on track to achieve English proficiency not later than 5 years after being identified as an English learner, and the status of the child’s academic achievement; (3) the method of instruction used in the program in which their child is, or will be, participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and use of English and a native language in instruction; (4) how the program in which their child is, or will be participating, will appropriately respond to the educational strengths and needs of the child; (5) how the program will specifically help their child learn English and reflect age appropriate academic achievement standards for grade promotion and graduation; (6) the specific exit requirements for the program, the expected rate of transition from the program into classrooms that are not tailored for English learners, and the expected rate of graduation from secondary school for English learners in the program if the child is in secondary school; (7) in the case of a child with a disability, how the program meets the objectives of the child’s individualized education program; and (8) information pertaining to parental rights that includes written guidance— (A) detailing— (i) the parent’s right to have the parent’s child immediately removed from the program upon the parent’s request; and (ii) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (B) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. (b) Separate notification In addition to providing the information required to be provided under subsection (a), each eligible entity that is using funds provided under this title to provide a language instruction educational program, and that has failed to make progress on the local performance targets described in section 3122 for any fiscal year for which part A is in effect, shall separately inform a parent or the parents of a child identified for participation in such program, or participating in such program, of such failure not later than 30 days after the eligible entity receives notification of such failure from the State. (c) Receipt of information The information described in subsection (a) shall be provided in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand. (d) Special rule applicable during school year For a child who has not been identified for participation in a language instruction educational program and academic content instruction program prior to the beginning of the school year, the eligible entity shall carry out subsections (a) and (b) with respect to the parents of the child not later than 2 weeks after the child is placed in such program. (e) Parent and family engagement (1) In general Each eligible entity using funds provided under this title to provide a language instruction educational program and academic content instruction program shall implement an effective means of outreach to parents and family members of English learners to inform such parents and family members of how they can— (A) be full partners in the education of their children, including ensuring that immigrant parents and family members are well informed about the elements of the educational system in the United States; and (B) be active participants in assisting their children— (i) to learn English; (ii) to achieve at high levels in core academic subjects; (iii) to meet the same college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) as all children are expected to meet to become college and career ready; and (iv) to understand expectations for college readiness and career success. (2) Receipt of recommendations The outreach described in paragraph (1) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents described in such paragraph. (f) Basis for admission or exclusion A child shall not be admitted to, or excluded from, any Federally assisted education program on the basis of a surname or language-minority status. 3203. National Clearinghouse The Secretary shall establish and support the operation of a National Clearinghouse for English Learner Support and Educational Programs, which shall collect, analyze, synthesize, and disseminate information about programs that support the academic achievement of English learners, and related programs. The National Clearinghouse shall— (1) be administered as an adjunct clearinghouse of the Educational Resources Information Center Clearinghouses system supported by the Office of Educational Research and Improvement; (2) coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems; (3) develop a system for improving the operation and effectiveness of programs that receive Federal funding that serve English learners; (4) collect and disseminate information on— (A) educational research and processes related to the education of English learners; (B) accountability systems that monitor the academic progress of English learners in language instruction educational programs, including information on academic content and English proficiency assessments for language instruction educational programs; (C) effective practices for meeting the academic and cultural needs of English learners; and (D) effective practices for engaging the families and caretakers of English learners; and (5) publish, on an annual basis, a list of grant recipients under this title. 3204. Regulations In developing regulations under this title, the Secretary shall consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations representing teachers and other personnel involved in the education of English learners. . IV Supporting successful, well-rounded students 4101. Redesignations Title IV ( 20 U.S.C. 7101 et seq. (1) by striking the title heading and inserting the following: Supporting Successful, Well-Rounded Students (2) by redesignating subpart 3 of part A as subpart 1 of part G of title IX, as added by section 9104(a) of this Act, and transferring such subpart 1 so as to follow the part heading of such part G as added by section 9104(a) of this Act; (3) by redesignating section 4141 as section 9701; (4) by redesignating part C as subpart 2 of part G of title IX, as added by section 9104(a) of this Act, and transferring such subpart 2 so as to follow subpart 1 of part G of title IX, as redesignated by paragraph (2); (5) by redesignating sections 4301, 4302, 4303, and 4304, as sections 9721, 9722, 9723, and 9724, respectively; (6) in section 9721, as redesignated by paragraph (5), by striking part subpart (7) in section 9722, as redesignated by paragraph (5)— (A) in the matter preceding paragraph (1), by striking part subpart (B) in paragraph (2)(B), by striking part subpart (8) in section 9723(e)(3), by striking the matter following subparagraph (B) and inserting the following: (C) such other matters as justice may require. ; and (9) in section 9724, as redesignated by paragraph (5), by striking part subpart 4102. Improving literacy instruction and student achievement Part A of title IV ( 20 U.S.C. 7101 et seq. A Improving literacy instruction and student achievement 1 Improving literacy instruction 4101. Short title This part may be cited as the Improving Literacy Instruction and Student Achievement Act 4102. Purposes The purposes of this part are— (1) to improve student academic achievement in reading and writing by providing Federal support to State educational agencies to develop, improve, coordinate, and implement comprehensive literacy plans that ensure high-quality instruction and effective strategies in reading and writing from birth through grade 12; and (2) to assist State educational agencies in achieving the purpose described in paragraph (1) by— (A) supporting the development and implementation of comprehensive early learning through grade 12 literacy programs in every State that are based on scientifically valid research, to ensure that every child can read and write at grade level or above; (B) providing children with learning opportunities in high-quality, language rich, literature rich, informational text rich, culturally relevant, and developmentally appropriate environments so that the children develop the fundamental knowledge and skills necessary for literacy engagement, development, and achievement in pre-kindergarten through grade 12; (C) educating parents in the ways the parents can support their child’s communication and literacy development; (D) supporting efforts to link and align standards and research-based instruction and teaching practices in early learning programs; (E) supporting high-quality and effective strategies for children to develop oral language, reading, and writing abilities through high-quality research-based instruction and teaching practices; (F) improving academic achievement by establishing adolescent literacy initiatives that provide explicit and systematic instruction in oral language, reading, and writing development across the curriculum; (G) identifying and supporting children reading and writing significantly below grade level by providing evidence-based, intensive interventions, including interventions conducted during extended learning time, to help the children acquire the language and literacy skills the children need to stay on track for graduation; (H) providing assistance to local educational agencies in order to provide educators with ongoing, job-embedded professional development, and other support, that focuses on— (i) effective literacy instruction; and (ii) the special knowledge and skills necessary to teach and support literacy development effectively across the developmental and age span; (I) supporting State educational agencies and local educational agencies in improving reading, writing, and literacy-based academic achievement for children, especially children who are low-income individuals, are English learners, are migratory, are children with disabilities, are Indian or Alaskan Native, are neglected or delinquent, are homeless, are in the custody of the child welfare system, or have dropped out of school; (J) supporting State educational agencies and local educational agencies in using age appropriate and developmentally and linguistically appropriate instructional materials and strategies that assist teachers as the teachers work with children to develop reading and writing competencies appropriate to the children’s grade and skill levels; (K) strengthening coordination among schools, early literacy programs, family literacy programs, juvenile justice programs, public libraries, and outside-of-school programs that provide children with strategies, curricula, interventions, and assessments designed to advance early and continuing language and literacy development in ways appropriate for each context; (L) supporting professional development for educators based on scientific approaches to adult learning; and (M) evaluating whether the professional development activities and approaches are effective in building knowledge and skills of educators and their use of appropriate and effective practices. 4103. Definitions In this part: (1) Child The term child (2) Classroom-based instructional assessment The term classroom-based instructional assessment (A) is valid and reliable for the age and population of children served in the program; (B) is used to evaluate children’s developmental progress and learning and includes systematic observations by teachers of children performing tasks, including academic and literacy tasks, that are part of the children's daily classroom experience; and (C) is used to improve classroom instruction. (3) Comprehensive literacy instruction The term comprehensive literacy instruction (A) incorporates effective literacy instruction; and (B) is designed to support— (i) developmentally appropriate, contextually explicit, systematic instruction, and frequent practice, in reading across content areas; and (ii) developmentally appropriate and contextually explicit instruction, and frequent practice, in writing across content areas. (4) Developmental delay The term developmental delay 20 U.S.C. 1432 (5) Early learning program The term early learning program (6) Effective-literacy instruction (A) In general The term effective literacy instruction (i) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; (ii) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; (iii) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children; (iv) uses differentiated instructional approaches, including individual and small group instruction and discussion; (v) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary; (vi) includes frequent practice of reading and writing strategies; (vii) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessments, and summative assessments to identify a child's learning needs, to inform instruction, and to monitor the child's progress and the effects of instruction; (viii) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning; (ix) incorporates the principles of universal design for learning; (x) depends on teachers’ collaboration in planning, instruction, and assessing a child's progress and on continuous professional learning; and (xi) links literacy instruction to the State college and career ready academic content standards under section 1111(a)(1), including the ability to navigate, understand, and write about, complex print and digital subject matter. (B) Birth through kindergarten When used with respect to instruction for children from birth to kindergarten entry, the term effective literacy instruction (i) developing such children's alphabet knowledge, reading aloud to children, discussing reading and writing with children, and modeling age and developmentally appropriate reading and writing strategies; and (ii) encouraging children’s early attempts at oral communication, reading, and writing. (C) Kindergarten through grade 12 When used with respect to the instruction of children in kindergarten through grade 12, the term effective literacy instruction (i) providing systematic and intensive interventions, which can be provided inside or outside the classroom as well as before, during, or after regular school hours, to supplement regular instruction for children reading below grade level; (ii) providing reading and writing opportunities that build academic vocabulary and knowledge of different text structures in core academic subjects; (iii) enabling children to write, communicate, and create knowledge, in ways that fit purpose, audience, occasion, discipline, and format, including practice in— (I) adhering to language conventions, including spelling, punctuation, and grammar; (II) planning and revising to improve clarity, coherence, logical development, and language usage; and (III) writing individually and collaboratively with feedback from instructors and peers; and (iv) cultivating shared responsibility for children's literacy learning by coordinating writing tasks, instructional practices, and criteria for feedback across academic content areas. (7) Eligible entity The term eligible entity (A) that serves high-need children; and (B) (i) when used with respect to a subgrant under section 4108, that consists of— (I) 1 or more local educational agencies providing early learning programs that have a demonstrated record of providing comprehensive literacy instruction for the age group such agencies or programs propose to serve; (II) 1 or more public or private early learning programs, such as a Head Start program, a child care program, a State-funded prekindergarten program, a public library program, or a family literacy program, that have a demonstrated record of providing comprehensive literacy instruction for the age group such programs propose to serve; or (III) 1 or more local educational agencies providing early learning programs, or 1 or more public or private early learning programs, such as a Head Start program, a child care program, a State-funded prekindergarten program, a public library program, or a family literacy program, in partnership with 1 or more public or private nonprofit organizations or agencies that have a demonstrated record of effectiveness— (aa) in improving the early literacy development of children from birth through kindergarten entry; and (bb) in providing professional development aligned with the activities described in section 4108(e)(1); or (ii) when used with respect to a subgrant under section 4109— (I) that is— (aa) a local educational agency; (bb) a consortium of local educational agencies; or (cc) a local educational agency or consortium of local educational agencies acting in partnership with 1 or more public or private nonprofit organizations or agencies that have a demonstrated record of effectiveness in— (AA) improving literacy achievement of children consistent with the purposes of their participation from kindergarten through grade 12; and (BB) providing professional development aligned with the activities described in subsection (b) and (c) of section 4109; and (II) (aa) has the highest numbers or proportion of children who are counted under section 1124(c), in comparison to other local educational agencies in the State; (bb) is among or consists of the local educational agencies in the State with the highest numbers or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 1111(a)(2); or (cc) has jurisdiction over a significant number or percentage of schools that are identified as persistently low-achieving under section 1116(c)(2). (8) English language acquisition (A) In general The term English language acquisition (B) Inclusions for English learners in school For an English learner in school, such term includes not only the social language proficiency needed to participate in the school environment, but also the academic language proficiency needed to acquire literacy and academic content and demonstrate the child's learning. (9) Family literacy services The term family literacy services (A) interactive literacy activities between or among family members who are primary caregivers and their children, including family literacy education to improve literacy of parents; and (B) training for family members who are primary caregivers regarding how to be the primary teacher for their children and full partners in the education of their children. (10) Formative assessment The term formative assessment (A) is teacher-generated or selected by teachers or instructional leaders for use during learning; (B) is embedded within the learning activity and linked directly to the intended outcomes of the current unit of instruction; and (C) provides feedback to help adjust ongoing teaching and learning to improve children's achievement of intended instructional outcomes. (11) High-quality professional development The term high-quality professional development (A) is job-embedded, ongoing, and based on scientifically valid research; (B) is sustained, intensive, and classroom-focused, and is not limited in scope to a 1-day or short-term workshop or conference; (C) is designed to increase the knowledge and expertise of teachers, early childhood educators and administrators, principals, other instructional leaders, and other program staff in applying— (i) effective literacy instruction; and (ii) instructional strategies and practices that are appropriate to the age, development, and needs of children and improve learning, including strategies and practices consistent with the principles of universal design for learning; (D) includes and supports teachers in effectively administering age and developmentally appropriate assessments, and analyzing the results of these assessments for the purposes of planning, monitoring, adapting, and improving effective classroom instruction or teaching strategies to improve child literacy; (E) includes instructional strategies utilizing one-to-one, small group, and classroom-based instructional materials and approaches based on scientifically valid research on literacy; (F) provides ongoing instructional literacy coaching— (i) to ensure high-quality implementation of comprehensive literacy instruction that is— (I) content centered; (II) integrated across the curriculum; (III) collaborative; and (IV) school, setting, and classroom embedded; and (ii) that uses student data to improve instruction; (G) includes and supports teachers in setting high reading and writing achievement goals for all children and provides the teachers with the instructional tools and skills to help children reach such goals; (H) for educators serving children in kindergarten through grade 12— (i) supports effective literacy instruction through core academic subjects, and through career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; and (ii) includes explicit instruction in discipline-specific thinking and how to read and interpret discipline-specific text structures and features; (I) is differentiated for educators working with children from birth through kindergarten entry, children in kindergarten through grade 3, and children in grades 4 through 12, and, as appropriate, based on the grade or needs of the children; and (J) supports family literacy experiences and practices, and educating parents, teachers, and other caregivers about literacy development and child literacy development. (12) Instructional leader The term instructional leader (A) is an employee or officer of a school; and (B) is responsible for— (i) the school’s performance; and (ii) the daily instructional and managerial operations of the school. (13) Literacy coach The term literacy coach (A) who has— (i) previous teaching experience; (ii) demonstrated abilities in working with adult learners; and (iii) (I) a master’s degree with a concentration in reading and writing education or demonstrated proficiency in teaching reading or writing in a core academic subject consistent with effective literacy instruction; or (II) in the case of a literacy coach for children from birth through kindergarten entry, a concentration, credential, or significant experience in child development and early literacy development; (B) who supports teachers to— (i) apply research on how children become successful readers, writers, and communicators; (ii) apply multiple forms of assessment to guide instructional decisionmaking and use data to improve literacy instruction; (iii) improve children's writing and reading in and across content areas such as mathematics, science, social studies, and language arts; (iv) develop and implement differentiated instruction and teaching approaches to serve the needs of the full range of learners, including English learners and children with disabilities; (v) apply principles of universal design for learning; (vi) employ best practices in engaging principals, early learning program educators and administrators, teachers, and other relevant professionals to create school cultures that encourage and support literacy development and achievement; and (vii) set for children birth through kindergarten developmentally appropriate expectations for language and literacy development, and high reading and writing achievement goals for all children and select, acquire, and use instructional tools and skills to help children reach such goals; and (C) whose role with teachers and professionals supporting literacy instruction is— (i) to provide high-quality professional development, consistent with the definition of comprehensive literacy instruction; (ii) to work cooperatively and collaboratively with principals, teachers, and other professionals in employing strategies to help teachers identify and support child literacy and language development needs and teach literacy across the content areas and developmental domains; and (iii) to work cooperatively and collaboratively with other professionals in employing strategies to help teachers teach literacy across the content areas so that the teachers can meet the needs of all children, including children with disabilities, English learners, and children who are reading at or above grade level. (14) Local educational agency The term local educational agency (A) has the meaning given the term in section 9101; and (B) includes any public charter school that constitutes a local educational agency under State law. (15) Reading The term reading (A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print. (B) The ability to read with comprehension. (C) The ability to decode unfamiliar words with fluency. (D) The use of background knowledge and vocabulary to make meaning from a text. (E) The development and use of appropriate active strategies to interpret and construct meaning from print. (F) The development and maintenance of a motivation to read. (16) Scientifically valid research The term scientifically valid research 20 U.S.C. 1021 (17) Screening assessment The term screening assessment (A) valid, reliable, and based on scientifically based reading research; and (B) a brief procedure designed as a first step in identifying children who may be at high risk for delayed development or academic failure and in need of further diagnosis of their need for special services or additional reading instruction. (18) State The term State (19) State literacy leadership team (A) In general The term State literacy leadership team (i) is appointed and coordinated by the State educational agency; (ii) assumes the responsibility to guide the improvement or development and implementation of a statewide, comprehensive literacy plan; (iii) shall include, at a minimum— (I) a school principal with literacy expertise; (II) a teacher with literacy expertise; (III) a teacher or administrator with expertise in special education; (IV) a teacher or administrator with expertise in teaching the English language to English learners; (V) a representative from the State educational agency who oversees literacy initiatives; and (VI) a representative from higher education who is actively involved in research, development, or teacher preparation in comprehensive literacy instruction and intervention based on scientifically valid research; (iv) may include— (I) a literacy specialist serving in a school district within the State; (II) a literacy coach; (III) a librarian; (IV) a representative with family literacy expertise; (V) a representative from a State child-serving agency with expertise in comprehensive language and literacy instruction and strategies; (VI) a school counselor; (VII) a teacher of a core academic subject; (VIII) a special education administrator; (IX) a professor from a 4-year institution of higher education; (X) a parent; (XI) a business leader; (XII) the Governor or a delegated representative of the Governor; (XIII) a representative from the State board of education; (XIV) a representative from the State legislature; (XV) a representative of a nonprofit and community-based organization providing comprehensive literacy instruction and support; and (XVI) a representative from a school district superintendent's office; and (v) shall include, among the individuals selected to be members of the council pursuant to clauses (iii) and (iv), not less than 5 individuals who have literacy expertise in 1 of each of the areas of— (I) birth through kindergarten entry, such as the State Head Start collaboration director; (II) kindergarten entry through grade 3; (III) grades 4 through 12; (IV) English learners; and (V) special education. (B) Inclusion of a preexisting partnership If, before the date of enactment of the Strengthening America’s Schools Act of 2013, a State educational agency established a consortium, partnership, or any other similar body that was considered a literacy partnership for purposes of subpart 1 or 2 of part B of title I (as such title was in effect on such date) and that includes the individuals required under clauses (iii) and (v) of subparagraph (A), such consortium, partnership, or body may be considered a State literacy leadership team for purposes of subparagraph (A). (20) Summative assessment The term summative assessment (A) is valid, reliable, and based on scientifically valid research on literacy and English language acquisition; and (B) for children from birth through kindergarten entry, measures how young children have progressed over time relative to developmental norms, and for children in kindergarten through grade 12, measures what children have learned over time, relative to academic content standards. (21) Writing The term writing (A) composing meaning in print or through other media, including technologies, to communicate and to create new knowledge in ways appropriate to the context of the writing and the literacy development stage of the writer; (B) composing ideas individually and collaboratively in ways that are appropriate for a variety of purposes, audiences, and occasions; (C) choosing vocabulary, tone, genre, and conventions, such as spelling and punctuation, suitable to the purpose, audience, and occasion; and (D) revising compositions for clarity of ideas, coherence, logical development, and precision of language use. 4104. Program authorized (a) Reservations and awards to State educational agencies (1) In general From the amounts appropriated to carry out this part for a fiscal year, the Secretary shall— (A) reserve not more than a total of 4 percent of such amounts for dissemination of information and technical assistance under section 4110; (B) reserve not more than 5 percent of such amounts to award planning grants, on a competitive basis, to State educational agencies serving States, in accordance with section 4105; (C) in the case of a fiscal year for which the amounts to carry out this part are less than $500,000,000, use the amount not reserved under subparagraphs (A) and (B) to make awards, on a competitive basis, to State educational agencies serving States that have applications approved under section 4106 to enable the State educational agencies to carry out the activities described in section 4106(a); and (D) in the case of a fiscal year for which the amounts appropriated to carry out this part are equal to or exceeding $500,000,000— (i) reserve a total of 1 percent of such amount for— (I) allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among such outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this part; and (II) the Secretary of the Interior for programs under sections 4105 through 4109 in schools operated or funded by the Bureau of Indian Education; and (ii) use the amount not reserved under clause (i) and subparagraphs (A) and (B) to make awards, as described in paragraph (2), to State educational agencies serving States that have applications approved under section 4106 to enable the State educational agencies to carry out the activities described in section 4106(a). (2) Special rules for years with funds equal or exceeding $500,000,000 (A) Proportional division In each fiscal year described in paragraph (1)(D), the amount reserved under paragraph (1)(D)(i) shall be divided between the uses described in subclauses (I) and (II) of such paragraph in the same proportion as the amount reserved under section 1121(a) is divided between the uses described in paragraphs (1) and (2) of such section for such fiscal year. (B) Consultation A State educational agency that receives an allotment under paragraph (1)(D)(ii) shall engage in timely and meaningful consultation with representatives of Indian tribes located in the State in order to improve the coordination and quality of activities designed to develop effective approaches to achieve the purposes of this part consistent with the cultural, language, and educational needs of Indian children. (C) State allotment formula The Secretary shall allot the amount made available under paragraph (1)(D)(ii) for a fiscal year among the States in proportion to the number of children, from birth through age 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such children who reside in all States for that fiscal year. (3) Minimum award amount No State educational agency receiving an award under this section for a fiscal year may receive less than one-fourth of 1 percent of the total amount appropriated to carry out this part for the fiscal year. (4) Puerto Rico The amount allotted under paragraph (1)(C) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-fourth of 1 percent of the total amount appropriated to carry out this part for such fiscal year. (b) Peer review (1) In general The Secretary shall convene a peer review panel to evaluate the applications to carry out section 4105 or 4106 using the evaluation criteria described in paragraph (2). (2) Development of evaluation criteria The Secretary shall report to the authorizing committees regarding the peer review process and evaluation criteria that shall be used to evaluate the grant applications to carry out sections 4105 and 4106. (3) Membership (A) Composition A peer review panel convened under paragraph (1) shall be composed of not less than 9 members, of whom— (i) 3 shall be appointed by the Secretary; (ii) 3 shall be appointed by the Secretary from among individuals— (I) recommended by the Chairman of the National Research Council of the National Academy of Sciences; and (II) with expertise in comprehensive language and literacy instruction and strategies; and (iii) 3 shall be appointed by the Secretary from among individuals— (I) recommended by the Director of the National Institute of Child Health and Human Development; and (II) with expertise concerning literacy development in children from birth through grade 12. (B) Competency and expertise The peer review panel convened under paragraph (1) may include— (i) classroom teachers with expertise in literacy, and literacy coaches, including— (I) special education teachers; (II) teachers of children who are English learners; and (III) early childhood educators; (ii) experts who provide high-quality professional development to teachers and other instructional staff to support children’s literacy development; (iii) experts in the screening assessment, diagnostic assessment, and other assessment of children’s literacy development; and (iv) experts in comprehensive literacy instruction and strategies in reading and writing, language development, and English language acquisition, as appropriate, including reading and writing in core academic subjects. (4) Distribution of recommendations Not later than 120 days after a peer review panel submits to the Secretary the panel's recommendation regarding an application by a State educational agency for a grant under section 4105 or 4106, the Secretary shall notify the State educational agency that the application has been approved or disapproved and shall provide to such State educational agency a copy of the peer review panel's recommendation. (c) Conflicts of interest (1) Peer review panels The Secretary shall ensure that each member of a peer review panel described in subsection (b) does not stand to benefit financially from a grant or subgrant awarded under this part. (2) State literacy leadership teams Each State educational agency that receives funding under this part shall ensure that each member of a State literacy leadership team participating in a program or activity assisted under this part does not stand to benefit financially from a grant or subgrant awarded under this part. (d) Supplement not supplant Award funds provided under this part shall supplement, and not supplant, non-Federal funds that would, in the absence of such award funds, be made available for literacy instruction and support of children participating in programs assisted under this part. (e) Maintenance of effort Each State educational agency that receives a grant or allotment under this section, and each eligible entity that receives a subgrant under section 4108 or 4109, shall maintain for the fiscal year for which the grant or subgrant is received and for each subsequent fiscal year the expenditures of the State educational agency or eligible entity, respectively, for literacy instruction at a level not less than the level of such expenditures maintained by the State educational agency or eligible entity, respectively, for the fiscal year preceding such fiscal year for which the grant or subgrant is received. 4105. State planning grants (a) Planning grants authorized (1) In general From amounts made available under section 4104(a)(1)(B), the Secretary may award planning grants to State educational agencies to enable the State educational agencies to complete comprehensive planning to carry out activities that improve literacy for children from birth through grade 12. (2) Grant period A planning grant awarded under this section shall be for a period of not more than 1 year. (3) Nonrenewability The Secretary shall not award a State educational agency more than 1 planning grant under this section. (b) Application (1) In general Each State educational agency desiring a planning grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents Each application submitted under this subsection shall, at a minimum, include a description of how the State educational agency will develop a plan for improving State efforts to develop, coordinate, implement, and assess comprehensive literacy activities that ensure high-quality instruction and effective strategies in reading and writing for all children in early learning programs and kindergarten through grade 12 programs. Such plan shall— (A) describe the activities for which assistance under this section is sought, demonstrating a particular focus on children who are reading or writing below grade level and children whose early literacy skills are below the appropriate age or developmental level; (B) provide a budget for the use of the planning grant funds to complete the required activities described in subsection (c); (C) include an analysis of data on child literacy and language and student academic achievement in reading to identify and establish baseline and benchmark levels against which to monitor child progress and improvement in literacy; and (D) provide an assurance that all State agencies responsible for administering early learning programs and services (including the State Head Start Collaboration Office and the State agency responsible for administering child care) and the State Advisory Council on Early Childhood Education and Care collaborated with the State educational agency to write the early learning portion of the grant application submitted under this subsection. (3) Approval of applications The Secretary shall evaluate applications under this subsection based on the quality of the response of the applications to the requirements under this subsection. (c) Required activities A State educational agency receiving planning grant funds under this section shall carry out each of the following activities: (1) Reviewing reading, writing, or other language and literacy resources and programs, such as school library programs, and data across the State to identify any literacy needs and gaps in the State. (2) Forming or designating a State literacy leadership team which shall execute the following functions: (A) Creating a comprehensive State literacy plan that— (i) is designed to improve language development, reading, writing, and academic achievement for children, especially children reading below grade level and children whose literacy skills are below the appropriate age or developmental level; (ii) includes— (I) a needs assessment and an implementation plan, including an analysis of data on child literacy and student academic achievement in reading to identify baseline and benchmark levels of literacy and early literacy skills in order to monitor progress and improvement; and (II) a plan to improve reading achievement among all children; (iii) ensures high-quality instruction, consistent with the characteristics of effective literacy instruction and strategies, in early learning programs and kindergarten through grade 12 programs; and (iv) provides for activities designed to improve literacy achievement for children who read or write below grade level, including such children who— (I) attend schools that are identified under section 1116(c)(2); or (II) are counted under section 1124(c); (B) Providing recommendations to guide the State educational agency in the State educational agency's process of strengthening State literacy standards and embedding State literacy standards with the State’s college and career ready academic content standards and college and career ready student academic achievement standards, and early learning and development standards. (C) Providing recommendations to guide the State educational agency in the State educational agency's process of measuring, assessing, and monitoring progress in literacy at the school, local educational agency, and State levels. (D) Identifying criteria for high-quality professional development providers, which providers may include qualified teachers within the State, for the State educational agency and local educational agencies. (E) Advising the State educational agency on how to help ensure that local educational agencies and schools provide timely and appropriate data to teachers to inform and improve instruction. (F) Providing recommendations to guide the State educational agency in the State educational agency's planning process of building educators’ capacity to provide high-quality comprehensive literacy instruction. 4106. State implementation grants (a) Implementation grants authorized (1) In general From amounts made available under subparagraphs (C) or (D)(ii) of section 4104(a)(1) (as applicable), the Secretary shall award implementation grants to State educational agencies to enable the State educational agencies— (A) to implement the comprehensive literacy plan that meets the criteria in section 4105(c)(2)(A) for early learning programs and kindergarten through grade 12 programs; (B) to carry out State activities under section 4107; and (C) to award subgrants under sections 4108 and 4109. (2) Limitation The Secretary shall not award an implementation grant under this section to a State for any year for which the State has received a planning grant under section 4105. (3) Duration of grants An implementation grant under this section shall be awarded for a period of not more than 5 years. (4) Renewals (A) In general The Secretary may renew a grant under this section for a period of not more than 2 years. (B) Conditions In order to be eligible to have an implementation grant renewed under this paragraph, the State educational agency shall demonstrate to the satisfaction of the Secretary that, during the project period— (i) with respect to children from birth through kindergarten entry, the State educational agency has collaborated with the State agencies that oversee child care and other early learning programs, and has collaborated with the State Advisory Council on Early Childhood Education and Care, to comply with the terms of the grant, including using the funds— (I) to increase access to high-quality professional development; (II) for developmentally appropriate curricula and teaching materials; and (III) for developmentally appropriate classroom-based instructional assessments and developmentally appropriate screening assessments and diagnostic assessments; and (ii) with respect to children in kindergarten through grade 12, demonstrates that there has been significant progress in student academic achievement, as measured by appropriate assessments, including the assessments included in the State accountability system under section 1111(a)(3)(A). (b) State applications (1) In general A State educational agency that desires to receive an implementation grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early learning programs and the State agency responsible for administering child care programs in the State in writing and implementing the early learning portion of the grant application under this subsection. (2) Contents An application described in paragraph (1) shall include the following: (A) A description of the members of the State literacy leadership team and a description of how the State educational agency has developed a comprehensive State literacy plan, consistent with the requirements of section 4105(c)(2)(A). (B) An implementation plan that includes a description of how the State educational agency will— (i) carry out the State activities described in section 4107; (ii) assist eligible entities with— (I) providing strategic and intensive comprehensive literacy instruction based on scientifically valid research for children who are reading and writing below grade level, including through— (aa) the use of multitiered systems of support; and (bb) addressing the literacy needs of children with disabilities or developmental delays and English learners in programs serving children from birth through grade 12; (II) providing training to parents, as appropriate, so that the parents can participate in the literacy related activities described in sections 4108 and 4109 to assist in the language and literacy development of their children; (III) selecting and using reading and writing assessments; (IV) providing classroom-based instruction that is supported by one-to-one and small group work; (V) using curricular materials and instructional tools, which may include technology, to improve instruction and literacy achievement; (VI) providing for high-quality professional development; and (VII) using the principles of universal design for learning; (iii) ensure that local educational agencies in the State have leveraged and are effectively leveraging the resources needed to implement effective comprehensive literacy instruction, and have the capacity to implement literacy initiatives effectively; and (iv) continually coordinate and align the activities assisted under this part with reading, writing, and other literacy resources and programs across the State and locally that serve children and their families and promote comprehensive literacy instruction and learning, including strengthening partnerships among schools, libraries, local youth-serving agencies, and programs, in order to improve literacy for all children. (C) A description of the key data metrics, and the performance targets for such metrics, that will be used and reported annually under section 4111(b)(1), which shall include— (i) metrics established consistent with section 1111(a)(3)(A), for children in grades 3 through 12; and (ii) the relevant program metrics and performance targets that the State shall use to monitor the implementation of its plan under section 4111. (D) An assurance that the State educational agency, and any eligible entity receiving a subgrant from the State educational agency under section 4108 or 4109, will, if requested, participate in the national evaluation under section 4110. (E) An assurance that the State educational agency will use implementation grant funds for literacy programs as follows: (i) Not less than 10 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. (ii) Not less than 30 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5. (iii) Not less than 30 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. (iv) Not more than 10 percent of such implementation grant funds shall be used for the State activities described in section 4107. (F) An assurance that the State educational agency shall give priority to awarding a subgrant to an eligible entity— (i) under section 4108 based on the number or percentage of children younger than the age of kindergarten entry who are— (I) served by the eligible entity; and (II) from families with income levels below the poverty line; and (ii) under section 4109 based on— (I) the number or percentage of children from birth through age 17 who are— (aa) served by the eligible entity; and (bb) from families with income levels below the poverty line; and (II) the number or percentage of children in kindergarten through grade 12 served by the eligible entity who are reading and writing below grade level according to State assessments. (c) Approval of applications (1) In general The Secretary shall evaluate State educational agency applications under subsection (b) based on the quality of the response of the applications to the application requirements under such subsection. (2) Peer review The Secretary shall convene a peer review panel in accordance with section 4104(b) to evaluate applications for each implementation grant awarded to a State educational agency under this section. (3) Early learning In order for a State educational agency’s application under this section to be approved by the Secretary, the application shall contain an assurance that the State agencies responsible for administering early learning programs and services, including the State agency responsible for administering child care programs, including, as applicable, the State Advisory Council on Early Childhood Education and Care, approve of and will be extensively consulted in the implementation of activities consistent with section 4108, with respect to the early learning portion of the application. 4107. State activities (a) Required activities A State educational agency shall use the implementation grant funds described in section 4106(b)(2)(E)(iv) to carry out the activities proposed in a State's implementation plan under section 4106(b)(2)(B), including the following activities: (1) In consultation with the State literacy leadership team, providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs under section 4108 or 4109. (2) Consulting with the State literacy leadership team and coordinating with institutions of higher education in the State— (A) in order to provide recommendations to strengthen and enhance preservice courses for students preparing, at institutions of higher education in the State, to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods; and (B) by following up on reviews completed by the State literacy leadership team with recommendations to ensure that such institutions offer courses that meet the highest standards. (3) Reviewing and updating, in collaboration with teachers, statewide educational and professional organizations representing teachers, and statewide educational and professional organizations representing institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12. (4) Making publicly available, including on the State educational agency's website, information on promising instructional practices to improve child literacy achievement. (b) Permissive activities After carrying out the activities described in subsection (a), a State educational agency may use remaining implementation grant funds described in section 4106(b)(2)(E)(iv) to carry out 1 or more of the following activities: (1) Training the personnel of eligible entities to use data systems to improve child literacy learning. (2) Developing literacy coach training programs and training literacy coaches. (3) Building public support among local educational agency personnel, early learning programs, and the community for comprehensive literacy instruction for children from birth through grade 12. (4) Administration and evaluation of activities carried out under this part. 4108. Subgrants to eligible entities in support of birth through kindergarten entry literacy (a) Subgrants (1) In general A State educational agency, in consultation with the State agencies responsible for administering early learning programs and services, including the State agency responsible for administering child care programs, including, as applicable, the State Advisory Council on Early Childhood Education and Care, shall use a portion of implementation grant funds provided under subparagraph (C) or (D)(ii) of section 4104(a)(1) to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry. (2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant. (b) Sufficient size and scope Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry. (c) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of— (1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early learning programs, which shall include an analysis of data that support the proposed use of subgrant funds; (2) the programs that the eligible entity proposes to assist under the subgrant, including demographic and socioeconomic information on the children enrolled in the programs; (3) a budget for the eligible entity that projects the cost of developing and implementing literacy initiatives to carry out the activities described in subsection (e); (4) how, if the eligible entity is requesting a planning period, which shall not exceed 1 year, the eligible entity will use that planning period to prepare for successful implementation of a plan to support the development of learning and literacy consistent with the purposes of this part; (5) the literacy initiatives, if any, in place and how these initiatives will be coordinated and integrated with activities supported under this section; (6) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through high-quality professional development; (7) how the subgrant funds will be used to provide services, incorporate activities, and select and use literacy instructional materials that— (A) meet the diverse developmental and linguistic needs of children, including English learners and children with disabilities and developmental delays; and (B) are based on scientifically valid research on child development and learning for children from birth through kindergarten entry; (8) how the subgrant funds will be used to provide screening assessments, diagnostic assessments, and classroom-based instructional assessments and assessments of developmental progress; (9) how families and caregivers will be involved, as appropriate, in supporting their child’s literacy development, instruction, and assessment; (10) how the subgrant funds will be used to help children, particularly children experiencing difficulty with spoken and written language, to make the transition from early childhood education programs to formal classroom instruction; (11) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; (12) how the subgrant funds will be used— (A) to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry; and (B) to evaluate data for program improvement; and (13) such other information as the State educational agency may require. (d) Approval of local applications The State educational agency, in consultation with the State agencies responsible for administering early learning programs, including the State agency responsible for administering child care programs and the State Advisory Council on Early Childhood Education and Care, shall— (1) select applications for funding under this section based on the quality of the applications submitted, including the relationship between literacy activities proposed and the research base or data supporting such investments, as appropriate, and the recommendations of— (A) the State literacy leadership team; and (B) other experts in the area of early literacy; and (2) place priority for funding programs based on the criteria in section 4106(b)(2)(F). (e) Local uses of funds (1) In general An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity's approved application under subsection (c), to— (A) enhance and improve early learning programs to ensure that children in such programs are provided with high-quality oral language and literature- and print-rich environments in which to develop early literacy skills; (B) carry out high-quality professional development opportunities for early childhood educators, teachers, and instructional leaders; (C) acquire, provide training for, and implement screening assessments, diagnostic assessments, and classroom-based instructional assessments; (D) select, develop, and implement a multitier system of support; (E) integrate research-based instructional materials, activities, tools, and measures into the programs offered by the eligible entity to improve development of early learning language and literacy skills; (F) train providers and personnel to support, develop, and administer high-quality early learning literacy initiatives that— (i) utilize data— (I) to inform instructional design; and (II) to assess literacy needs; and (ii) provide time and support for personnel to meet to plan comprehensive literacy instruction; (G) provide family literacy services, as appropriate, and educate parents, teachers, and other caregivers about child literacy development; (H) annually collect, summarize, and report to the State educational agency data— (i) to document child progress in early literacy and language skills development as a result of activities carried out under this section; (ii) to stimulate and accelerate improvement by identifying the programs served by the eligible entity that produce significant gains in skills development; and (iii) for all subgroups of children and categories of children, including children in the subgroups described in section 1111(a)(2)(B)(x), in a manner that— (I) utilizes a variety of measures of child literacy and language skills development; and (II) is consistent across the State; and (I) coordinate the involvement of families, early learning program staff, principals, other instructional leaders, and teachers in literacy development of children served under this part. (2) Curricula and assessment materials limitation Each eligible entity that receives a subgrant under this section shall not use more than 20 percent of the subgrant funds in the first year of subgrant funding, and not more than 10 percent of the subgrant funds in each year thereafter, to purchase curricula and assessment materials. (f) Prohibition The use of assessment items and data on any assessment authorized under this section to provide rewards or sanctions for individual children, early learning program providers, teachers, program directors, or principals is prohibited. 4109. Subgrants to eligible entities in support of kindergarten through grade 12 literacy (a) Subgrants to local educational agencies (1) Subgrants A State educational agency shall use a portion of the implementation grant funds provided under subparagraph (C) or (D)(ii) of section 4104(a)(1) to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (b) and (c). (2) Sufficient size and scope A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality literacy initiatives in each grade level for which the subgrant funds are provided. (3) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information: (A) A description of the eligible entity’s capacity to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school. (B) How the school, local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, including early childhood educators, principals, and other instructional leaders served by the school, including early learning program administrators. (C) How the school will identify children in need of literacy interventions or other support services and provide appropriate scientifically valid instructional interventions or other support services which may include extended learning time for struggling children. (D) A budget for the school that projects the cost of developing and implementing literacy initiatives to carry out the activities described in subsections (b) and (c) as applicable. (E) An explanation of how the school will integrate comprehensive literacy instruction into core academic subjects. (F) A description of how the school will coordinate comprehensive literacy instruction with early learning and before- and after-school programs and activities in the area served by the local educational agency, such as school library programs. (G) A description of the assessments that will be used in an assessment system to improve comprehensive literacy instruction and track child literacy progress. (H) A description of how families and caregivers will be involved in supporting their children’s literacy instruction and assessment. (I) A description of how, if an eligible entity is requesting a planning period, the eligible entity will use that planning period to prepare for successful implementation of a plan to support the development of learning and literacy consistent with the purposes of this part. (J) A description of the literacy initiatives, if any, in place and how these initiatives will be coordinated and integrated with activities supported under this section. (K) An assurance that the eligible entity will, if requested, participate in the national evaluation described in section 4110. (b) Local uses of funds for kindergarten through grade 5 An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5: (1) Developing and implementing a literacy plan across content areas that— (A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level; (B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and (C) supports activities that are provided primarily during the regular school day but which may be augmented by after-school and out-of-school time instruction. (2) Acquiring, providing training for, selecting, and administering assessments, and managing, monitoring, and planning instruction based on the assessment data. (3) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, and other program staff. (4) Training principals, specialized instructional support personnel, and other school district personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives that— (A) utilize data— (i) to inform instructional decisions; and (ii) to assess professional development needs; and (B) provide time and support for teachers and other instructional staff to meet to plan comprehensive literacy instruction. (5) Coordinating the involvement of early learning program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this part. (6) Engaging families and encouraging family literacy experiences and practices to support literacy development. (7) Annually collecting, summarizing, and reporting to the State educational agency data— (A) to document and monitor for the purpose of improving practice, improvements, or increases in children’s reading and writing pursuant to activities carried out under this section; (B) to stimulate and accelerate improvement by identifying the schools that produce significant gains in literacy achievement; and (C) for all children and categories of children, including the subgroups of children described in section 1111(a)(2)(B)(x), in a manner that utilizes a variety of measures and that is consistent across the State. (c) Local uses of funds for grades 6 through 12 An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12: (1) Developing and implementing a literacy plan described in paragraphs (1), (2), (3), (6), and (7) of subsection (b) for children in grades 6 through 12. (2) Training principals, specialized instructional support personnel, and other instructional leaders to support, develop, administer, and evaluate high-quality adolescent literacy initiatives that— (A) utilize data— (i) to inform instructional decisions and allow for personalization of instruction based on a child's need; and (ii) to assess professional development needs; (B) assess the quality of adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; (C) provide time for teachers to meet to plan research-based adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; and (D) include explicit instruction in discipline-specific thinking and how to read and interpret discipline-specific text structures and features. (3) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this part. (d) Allowable uses An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsections (b) and (c), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12: (1) Providing a planning period of not more than 1 year for eligible entities to establish the elements necessary for successful implementation of a literacy program for kindergarten through grade 12. (2) Recruiting, placing, training, and compensating literacy coaches. (3) Connecting out-of-school learning opportunities to in-school learning in order to improve the literacy achievement of the children. (4) Training families and caregivers to support the improvement of adolescent literacy. (5) Providing for a multitier system of support. (6) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success. (7) Providing high-quality, literacy-rich environments that engage children with materials and experiences at the children's reading and writing levels. (8) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians) to meet to plan comprehensive literacy instruction. (e) Limitation of use to certain schools An eligible entity receiving a subgrant under this section shall, in distributing the subgrant funds, provide the subgrant funds only to schools, including public charter schools, that have the highest percentages or numbers of children counted under section 1124(c). 4110. National evaluation, information dissemination, and technical assistance (a) National evaluation (1) In general From the amount reserved in accordance with section 9601, the Secretary shall enter into a contract with an organization independent of the Department for a 5-year national evaluation of the grant and subgrant programs assisted under this part. Such evaluation shall include scientifically valid research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs. (2) Contents of evaluation The evaluation described in this subsection shall include an analysis of each of the following: (A) The impact of the implementation of literacy initiatives and practices supported under this part on— (i) increasing academic outcomes, including child literacy development in reading and writing, and speaking (as appropriate), grade promotion, and graduation to the extent predictable; (ii) promoting the appropriate early literacy development of young children; and (iii) strengthening the literacy skills of English learners and children with disabilities. (B) The fidelity of implementation of core program features, such as coherence of the program across grades, quality of technical assistance, State and local educational agency leadership, professional development for teachers and administrators, use of quality materials and pedagogy, and use of assessment. (C) The relationship between implementation of core features and children's academic outcomes. (D) Other inquiries as designated by the Secretary, such as— (i) the core functions of literacy initiatives that have demonstrated the greatest impact on child literacy achievement, especially among children reading below grade level; (ii) effective strategies to integrate State and local standards, curricula, assessments, instruction, materials, and interventions to improve literacy; (iii) the types of literacy activities and professional development that most effectively improve the early reading, writing, and language skills of children from birth through kindergarten entry; (iv) the impact of adolescent literacy initiatives on adolescent motivation, engagement, and participation in adolescent literacy activities; (v) the relationship between children’s literacy achievement and secondary school success, including improving graduation rates; and (vi) effective strategies to integrate school and public library programs to improve literacy. (3) Program improvement The Secretary shall— (A) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement; (B) make such findings publicly available, including on the Department's website; and (C) submit such findings to the authorizing committees. (b) Information dissemination and technical assistance (1) In general From amounts reserved under section 4104(a)(1)(A), the Secretary, in collaboration with the regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002, the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002, and the Director of the National Institute of Child Health and Human Development, shall— (A) distribute information on— (i) comprehensive literacy instruction, including best practices and model programs identified in the evaluation; (ii) other inquiries designated by the Secretary under subsection (a)(2)(D); or (iii) other relevant Federal studies of literacy activities; and (B) provide technical assistance in order to assist States and local educational agencies in improving comprehensive literacy instruction and learning. (2) Dissemination and coordination The Secretary shall disseminate the information described in paragraph (1)(A) to— (A) recipients of Federal financial assistance under this part, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family Literacy Act; and (B) each Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 (3) Use of networks In carrying out this subsection, the Secretary shall, to the extent practicable, use information and dissemination networks developed and maintained through other public and private entities. 4111. Rules of construction (a) Child eligibility Nothing in this part shall be construed to prohibit children eligible for assistance under title I or III or children eligible for assistance under part B or C of the Individuals with Disabilities Education Act from receiving literacy instruction and intervention under this part. (b) IDEA evaluation The screening assessments, diagnostic assessments, and formative assessments of reading and writing authorized under this part shall not be construed to constitute an evaluation required under part B or C of the Individuals with Disabilities Education Act, except that assessments administered under this Act may be used in conjunction with other assessments as part of an evaluation under part B or C of the Individuals with Disabilities Education Act, provided that the respective evaluation requirements under part B or C of such Act are met. 2 Improving literacy and college and career readiness through effective school library programs 4113. Purpose The purpose of this subpart is to improve students' literacy skills and readiness for higher education and careers, by providing students with effective school library programs. 4114. Definitions In this subpart: (1) Effective school library program The term effective school library program (A) is staffed by a State certified or licensed school librarian; (B) has up-to-date books, materials, equipment, and technology (including broadband); (C) includes regular collaboration between classroom teachers and school librarians to assist with development and implementation of the curriculum and other school reform efforts; and (D) supports the development of digital literacy skills. (2) Eligible entity The term eligible entity (A) a local educational agency in which not less than 20 percent of the students served by the local educational agency are from families with incomes below the poverty line; (B) a local educational agency that has a percentage of low-income children that is in the highest quartile among all local educational agencies in the State; or (C) a consortia of local educational agencies described in subparagraph (A) or (B). 4115. Improving literacy and college and career readiness through effective school library program grants (a) Grants to local educational agencies (1) In general From amounts appropriated under section 3(k) for this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (b). (2) Sufficient size and scope The Secretary shall award grants under this section of sufficient size and scope to allow the eligible entities to carry out effective school library programs for which the grant funds are provided. (3) Distribution The Secretary shall ensure that grants under this section are equitably distributed among the different geographic regions of the United States, and among eligible entities serving urban and rural areas. (4) Duration A grant awarded under this section shall be for a period of 3 years. (5) Local applications An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include, for each school that the eligible entity identifies as participating in a grant program under this section, the following information: (A) a needs assessment relating to the need for literacy improvement at all grade levels and the need for effective school library programs, based on the age and condition of school library resources, including— (i) book collections; (ii) access to advanced technology; (iii) the availability of well-trained, State-certified or licensed school librarians; and (iv) the current level of coordination and shared planning time among school librarians and classroom teachers; (B) a description of which grade spans will be served, and an assurance that funding will be distributed to serve students in elementary, middle, and high schools; (C) how the eligible entity will extensively involve school librarians, teachers, administrators, and parents in the activities assisted under this section, and the manner in which the eligible entity will carry out the activities described in subsection (b) using programs and materials that are grounded in scientifically valid research; (D) the manner in which the eligible entity will effectively coordinate the funds and activities provided under this section with Federal, State, and local funds and activities under this subpart and other literacy, library, technology, and professional development funds and activities, including those funded through the Institute of Museum and Library Services; and (E) the manner in which the eligible entity will collect and analyze data on the quality and impact of activities carried out under this section by schools served by the eligible entity. (b) Local activities Funds under this section may be used to develop and enhance effective school library programs, which may include activities to— (1) acquire up-to-date school library resources, including books and reading materials that— (A) are appropriate for students in all grade levels to be served and for students with special learning needs, including students who are English learners; and (B) engage the interest of readers at all reading levels; (2) acquire and use advanced technology, incorporated into the curricula of the school, to develop and enhance the digital literacy skills of students; (3) facilitate Internet links and other resource-sharing networks among schools and school libraries, and public and academic libraries, where possible; (4) provide— (A) professional development in the acquisition of digital literacy skills and literacy instruction that is appropriate for all grades, including the assessment of student literacy needs, the coordination of reading and writing instruction across content areas, and training in literacy strategies in all content areas for school librarians; and (B) activities that foster increased collaboration among school librarians, teachers, and administrators; and (5) provide students with access to school libraries during nonschool hours, including the hours before and after school, during weekends, and during summer vacation periods. (c) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds expended to carry out activities relating to library, technology, or professional development activities. (d) Accountability and reporting Each eligible entity that receives funds under this section for a fiscal year shall prepare and submit a report to the Secretary regarding how the funding was used and the extent to which the availability of, the access to, and the use of, up-to-date school library resources in the elementary schools and secondary schools served by the eligible entity was increased. . 4103. Improving science, technology, engineering, and math instruction and student achievement (a) Redesignation Title IV ( 20 U.S.C. 7101 et seq. (1) by redesignating part B as part F, and transferring such part F so as to follow part E, as added by section 4106; (2) by striking section 4206; and (3) by redesignating sections 4201, 4202, 4203, 4204, and 4205, as sections 4601, 4602, 4603, 4604, and 4605, respectively. (b) Improving science, technology, engineering, and math instruction and student achievement Title IV ( 20 U.S.C. 7101 et seq. B Improving science, technology, engineering, and mathematics instruction and student achievement 1 Improving STEM instruction and student achievement 4201. Purpose The purpose of this subpart is to improve student academic achievement in science, technology, engineering, and mathematics, including computer science, by— (1) improving instruction in such subjects through grade 12; (2) improving student engagement in, and increasing student access to, such subjects; (3) improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting highly rated teachers and providing robust tools and supports for students and teachers in such subjects; and (4) closing student achievement gaps, and preparing more students to be college and career ready in such subjects. 4202. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) a State educational agency; or (B) a State educational agency in partnership with 1 or more State educational agencies. (2) Eligible subgrantee The term eligible subgrantee (A) a high-need local educational agency; (B) an educational service agency serving more than 1 high-need local educational agency; (C) a consortium of high-need local educational agencies; or (D) an entity described in subparagraph (A) or (C) of paragraph (3) that has signed a memorandum of agreement with an entity described in subparagraph (A), (B), or (C) of this paragraph to implement the requirements of this subpart in partnership with such entity. (3) Outside Partner The term outside partner (A) A nonprofit or community-based organization, which may include a cultural organization, such as a museum or learning center. (B) A business. (C) An institution of higher education. (D) An educational service agency. (4) State The term State (A) any of the 50 States; (B) the District of Columbia; (C) the Bureau of Indian Education; or (D) the Commonwealth of Puerto Rico. 4203. Grants; allotments (a) Reservations (1) In General From the amounts appropriated for this part for a fiscal year, the Secretary shall reserve— (A) not more than 2 percent to provide technical assistance to States under this subpart; (B) not more than 5 percent for State capacity-building grants under this subpart, if the Secretary is awarding such grants in accordance with paragraph (2); and (C) 10 percent for the STEM Master Teacher Corps program under subpart 2. (2) Capacity-building grants (A) In General In any year for which funding is distributed competitively, as described in subsection (b)(1), the Secretary may award 1 capacity-building grant to each State that does not receive a grant under subsection (b), on a competitive basis, to enable such State to become more competitive in future years. (B) Duration Grants awarded under subparagraph (A) shall be for a period of 1 year. (b) Competitive Grants (1) In General For each fiscal year for which the amount appropriated to carry out this part, and not reserved under subsection (a)(1), is less than $500,000,000, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in this subpart. (2) Duration Grants awarded under this subsection shall be for a period of not more than 3 years. (3) Renewal (A) In General If an eligible entity demonstrates progress, as measured by the metrics described in section 4206(a), the Secretary may renew a grant for an additional 2-year period. (B) Reduced Funding Grant funds awarded under subparagraph (A) shall be awarded at a reduced amount. (c) Formula Grants (1) In General For each fiscal year for which the amount appropriated to carry out this part, and not reserved under subsection (a)(1), is equal to or more than $500,000,000, the Secretary shall award grants to States, based on the formula described in paragraph (2). (2) Distribution of Funds The Secretary shall allot to each State— (A) an amount that bears the same relationship to 35 percent of the excess amount described in paragraph (1) as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (B) an amount that bears the same relationship to 65 percent of the excess amount as the number of individuals ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (3) Funding Minimum No State receiving an allotment under this subsection may receive less than one-half of 1 percent of the total amount allotted under paragraph (1) for a fiscal year. (4) Puerto Rico The amount allotted under paragraph (2) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under paragraph (1) for such fiscal year. (5) Reallotment of unused funds If a State does not successfully apply, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this subsection. 4204. Applications (a) In General Each eligible entity or State desiring a grant under this subpart, whether through a competitive grant under section 4203(b) or through an allotment under section 4203(c), shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents At a minimum, an application submitted under subsection (a) shall include the following: (1) A description of the needs, including assets, identified by the State or eligible entity, based on a State analysis, which— (A) may include results from a relevant pre-existing analysis of science, technology, engineering, and mathematics education quality and outcomes in the State or States served by the eligible entity; (B) shall include data for elementary school and secondary school grades, as applicable, to the extent that such data are available, on— (i) student achievement in science and mathematics, including such data collected in accordance with the requirements of section 1111(a)(3)(A), and student achievement in technology and engineering; (ii) science, technology, engineering, and mathematics teacher evaluations; (iii) student access to mathematics and science courses needed to enroll in credit-bearing coursework at institutions of higher education in the State or States served by the eligible entity; (iv) access to science, technology, engineering, and mathematics courses for students through grade 12 who— (I) are eligible to receive a free or reduced priced lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (II) come from families with an income that is below the poverty line; (v) student achievement gaps in science, technology, engineering, and mathematics subjects; (vi) the percentage of students who successfully— (I) complete Advanced Placement or International Baccalaureate courses in science, technology, engineering, and mathematics subjects; or (II) complete rigorous, credit-bearing postsecondary education courses in science, technology, engineering, and mathematics subjects; (vii) the information collected under section 1111(d)(3)(B)(viii)(III); (viii) available instructional systems and supports, such as curricula, instructional materials, professional development, teacher evaluation systems, and assessments; (ix) science, technology, engineering, and mathematics teacher qualifications; and (x) teacher shortages and teacher distribution among local educational agencies and schools in science, technology, engineering, and mathematics subjects; (C) shall include labor market information regarding the industry and business workforce needs within the eligible entity; (D) shall include an analysis of the quality of pre-service preparation at all public institutions of higher education (including alternative pathways to teacher licensure or certification) for individuals preparing to teach science, technology, engineering, and mathematics subjects in a preschool, elementary school, or secondary school in the State; and (E) shall include an analysis of the implementation of any multi-tiered systems of support that have been employed in the State or States served by the eligible entity to address the learning needs of students in any science, technology, engineering, and mathematics subjects. (2) An identification of the specific science, technology, engineering, and mathematics subjects that the State or eligible entity will address through the activities described in section 4205, consistent with the needs identified under paragraph (1) (referred to in this subpart as identified subjects (3) A description, in a manner that addresses any needs identified under paragraph (1), of— (A) how grant funds will be used by the State or eligible entity to improve instruction in identified subjects using evidence-based programs of instruction that are aligned with the college and career ready standards and academic assessments under paragraphs (1) and (2) of section 1111(a); (B) how grant funds will be used to support subgrantees and other high-need local educational agencies in the employment of multi-tiered systems of support to provide early intervening services, as described in section 613(a)(4)(A)(ii) of the Individuals with Disabilities Education Act, and to increase student achievement in identified subjects; (C) the process that the State or eligible entity will use for awarding subgrants, including how relevant stakeholders will be involved; (D) how the State’s or eligible entity’s activities and subgrants will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (E) the technical assistance that the State or eligible entity will provide to subgrantees to support the activities undertaken by the subgrantees; (F) how the State or eligible entity will evaluate the activities funded, both at the State and subgrantee level, with funds provided under this subpart, and in a manner consistent with any evaluation activities carried out by the Institute of Education Sciences under section 4207, or the National Science Foundation; (G) how the State or eligible entity will allocate funds in a manner that will provide services to both elementary schools and secondary schools; (H) how the State or eligible entity will provide targeted support to improve instruction in high-need local educational agencies and high-need schools; (I) how the State or eligible entity’s proposed project will ensure an increase in access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality courses in 1 or more of the identified subjects; and (J) how the State or eligible entity will continue to involve stakeholders in education reform efforts related to science, technology, engineering, and mathematics instruction. (4) Assurances that the State or eligible entity will monitor implementation of approved subgrantee plans. (c) Additional Funding A State or eligible entity that submits a request to use the additional State activities reservation described in section 4205(d)(2), shall provide, in a manner that addresses the needs identified under subsection (b)(1), a description of the activities that the eligible entity will carry out with such funds, consistent with section 4205. 4205. Authorized activities (a) Required activities Each State or eligible entity that receives a grant under this subpart shall use the grant funds to carry out each of the following activities: (1) Increasing access for students through grade 12 who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality courses in the identified subjects. (2) Implementing evidence-based programs of instruction based on high-quality standards and assessments in the identified subjects. (3) Providing professional development and other comprehensive systems of support for teachers and school leaders to promote high-quality instruction and instructional leadership in the identified subjects. (4) Providing technical assistance to subgrantees and other high-need schools and local educational agencies in order to improve student achievement and narrow achievement gaps in identified subjects, including through— (A) the development and implementation of multi-tiered systems of support; and (B) the development of curriculum or instructional materials consistent with the principals of universal design for learning, as defined in section 103 of the Higher Education Act of 1965. (b) Permissible activities Each State or eligible entity that receives a grant under this subpart may use the grant funds to carry out 1 or more of the following activities: (1) Recruiting qualified teachers and instructional leaders who are trained in identified subjects, including teachers who have transitioned into the teaching profession from a career in science, technology, engineering, and mathematics fields. (2) Providing induction and mentoring services to new teachers in identified subjects. (3) Developing instructional supports, such as curricula and assessments, which shall be evidence-based and aligned with State college and career ready academic content standards under section 1111(a)(1), and may include Internet-based curricula and Internet-based instructional supports. (4) Implementing an interdisciplinary approach, by integrating instruction in 1 or more science, technology, engineering, and mathematics subjects with reading, English language arts, or instruction in other core academic subjects and noncore academic subjects. (c) Subgrants (1) In General Each State or eligible entity that receives a grant under this section shall award subgrants, on a competitive basis, to eligible subgrantees. (2) Minimum Subgrant A State or eligible entity shall award subgrants under this subsection that are of sufficient size and scope to support high-quality, evidence-based, effective programs that are consistent with the purpose of this subpart. (3) Subgrantee Application (A) In General Each eligible subgrantee desiring a subgrant under this subsection shall submit an application to the State or eligible entity at such time, in such manner, and accompanied by such information as the State or eligible entity may require. (B) Contents of Subgrantee Application At a minimum, the application described in subparagraph (A) shall include the following: (i) A description of the activities that the eligible subgrantee will carry out, and how such activities will improve teaching and student academic achievement in the identified subjects, in a manner consistent with scientifically valid research. (ii) A description of how the eligible subgrantee will use funds provided under this subsection to serve students and teachers in high-need schools. (iii) A description of how funds provided under this subsection will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (iv) If the eligible subgrantee is working with outside partners, a description of how such outside partners will be involved in improving instruction and increasing access to high-quality learning experiences in the identified subjects. (4) Subgrantee Use of Funds (A) Required Use of Funds Each subgrantee under this subsection shall use the subgrant funds to carry out activities for students through grade 12, consistent with the activities described in the subgrantee's application, which shall include— (i) high-quality teacher and instructional leader recruitment, support, and evaluation in the identified subjects; (ii) professional development, which may include development and support for instructional coaches, to enable teachers and instructional leaders to increase student achievement in identified subjects, through— (I) implementation of classroom assessments; and (II) differentiation of instruction in identified subjects for all students, including for students who are children with disabilities and students who are English learners; (iii) activities to— (I) improve the content knowledge of teachers; and (II) facilitate professional collaboration, which may include providing time for such collaborations; (iv) the development, adoption, and improvement of high-quality curricula and instructional supports that— (I) are aligned with State college and career ready academic content standards under section 1111(a)(1); and (II) the eligible subgrantee will use to improve student academic achievement in identified subjects; (v) the development or improvement, and implementation, of multi-tiered systems of support to provide early intervening services and to increase student achievement in 1 or more of the identified subjects; and (vi) integrating instruction in the identified subjects with instruction in reading, English language arts, or other core and noncore academic subjects. (B) Allowable Use of Funds In addition to the required activities described in subparagraph (A), each eligible subgrantee that receives a subgrant under this subsection, may also use the subgrant funds to— (i) support the participation of low-income students in nonprofit competitions related to science, technology, engineering, and mathematics subjects (such as robotics, science research, invention, mathematics, computer science, and technology competitions); and (ii) broaden secondary school students' access to, and interest in, careers that require academic preparation in 1 or more identified subjects. (C) Limitation Each subgrantee that receives a subgrant under this subsection shall not expend more than 15 percent of the subgrant funds on the activities described in subparagraph (B). (D) Matching funds A State or eligible entity shall require an eligible subgrantee receiving a subgrant under this subsection to demonstrate that such subgrantee has obtained a commitment from 1 or more outside partners to match, using non-Federal funds or in-kind contributions, not less than 15 percent of the amount of subgrant funds. In the case of significant financial hardship, an eligible subgrantee may apply to the State or eligible entity for, and the State or eligible entity may grant, a waiver of a portion of the minimum matching funds requirement. (d) State Activities (1) In General Each State or eligible entity that receives a grant under this subpart may use not more than 5 percent of grant funds for— (A) administrative costs; (B) monitoring the implementation of subgrants; (C) providing technical assistance to subgrantees; and (D) evaluating subgrants in coordination with the evaluation described in section 4207. (2) Reservation Each State or eligible entity that receives a grant under this subpart may submit a request to the Secretary to reserve not more than 15 percent of grant funds, inclusive of the amount described in paragraph (1), for additional State activities, consistent with subsections (a) and (b). 4206. Performance metrics; report (a) Establishment of Performance Metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this subpart. (b) Annual Report Each State or eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include information relevant to the performance metrics described in subsection (a). 4207. Evaluation From the amount reserved in accordance with section 9601, the Secretary shall— (1) acting through the Director of the Institute of Education Sciences, and in consultation with the Director of the National Science Foundation— (A) evaluate the implementation and impact of the activities supported under this subpart, including progress measured by the metrics established under section 4206(a); and (B) identify best practices to improve instruction in science, technology, engineering, and mathematics subjects; and (2) disseminate, in consultation with the National Science Foundation, research on best practices to improve instruction in science, technology, engineering, and mathematics subjects. 4208. Supplement not supplant Funds received under this subpart shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this subpart. 4209. Maintenance of effort A State that receives funds under this subpart for a fiscal year shall maintain the fiscal effort provided by the State for the subjects supported by the funds under this part at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. 2 STEM Master Teacher Corps Program 4221. Purpose The purpose of this subpart is to establish a STEM Master Teacher Corps program that— (1) elevates the status of the STEM teaching profession by recognizing and rewarding outstanding STEM teachers; (2) attracts and retains effective STEM teachers, particularly in high-need schools, by offering them additional compensation, instructional resources, and instructional leadership roles; and (3) creates a network of outstanding STEM teacher-leaders who will— (A) share best practices and resources; (B) take on leadership responsibilities in their schools, districts, States (if part of the participating area), or consortia with the authority to provide professional support to their STEM colleagues not participating in the STEM Master Teacher Corps; (C) aid in the development and retention of beginning teachers by serving as their role models and providing them with instructional support; and (D) inform the development of STEM education policy. 4222. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) institutions of higher education; or (B) nonprofit organizations with a demonstrated record of success in preparing or improving the effectiveness of STEM teachers. (2) Participating area The term participating area (A) in the case of an eligible entity that includes a State educational agency or consortium of State educational agencies, the State or States; or (B) in the case of an eligible entity that includes a consortium of local educational agencies, the area served by such agencies. (3) Rural school The term rural school (A) designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural; and (B) served by a local educational agency in which not less than two-thirds of the students served by the agency attend a school designated with 1 of the school locale codes listed in subparagraph (A). (4) STEM The term STEM 4223. STEM Master Teacher Corps Program (a) In general (1) Grants authorized From the amount reserved under section 4203(a)(1)(C), the Secretary, in consultation with the Director of the National Science Foundation and the heads of other appropriate Federal agencies, as determined by the Secretary, shall establish a STEM Master Teacher Corps program by awarding, on a competitive basis, 1 or more grants of not less than $15,000,000 each to eligible entities to enable the eligible entities to establish the program, in accordance with section 4225. (2) Planning grants The Secretary may award planning grants to eligible entities to enable the entities to make plans to establish the program, in accordance with section 4225. (b) Duration of grant (1) In general A grant awarded under this subpart shall be for a period of not more than 5 years. (2) Review The Secretary shall— (A) review, 3 years after an eligible entity is awarded a grant under this subpart, the performance of the entity during the 3-year period; and (B) fund the remaining grant period for such entity if the Secretary determines, based on such review, that the entity is achieving satisfactory results. (c) Matching requirement (1) In general Except as provided in paragraph (2), an eligible entity that receives a grant under this subpart shall provide, from non-Federal sources, an amount equal to not less than 50 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant. (2) Exception (A) In general The Secretary may waive the 50 percent matching requirement under paragraph (1) for an eligible entity that the Secretary determines is unable to meet such requirement. The Secretary shall set a matching requirement for such eligible entities according to the sliding scale described in subparagraph (B). (B) Sliding scale The amount of a match under subparagraph (A) shall be established based on a sliding fee scale that takes into account— (i) the relative poverty of the population to be targeted by the eligible entity; and (ii) the ability of the eligible entity to obtain such matching funds. (3) Consideration The Secretary shall not consider an eligible entity's ability to match funds when determining which eligible entities will receive grant awards under this subpart. 4224. Application (a) In general An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents An application submitted under this section shall include— (1) a description of the STEM Master Teacher Corps program that the eligible entity intends to carry out, including the number of Corps members the entity intends to select, the intended distribution of subjects and grade levels taught, the geographic and economic characteristics of the local educational agencies that are part of the participating area, such as the rural-urban continuum codes and proportion of high-need schools served, and the type of activities proposed for recruitment of Corps members; (2) a description of the roles and responsibilities that each participating local educational agency, State, institution of higher education, or nonprofit organization, as applicable, will have; (3) a demonstration that the entity has sufficient capacity to carry out the activities described in section 4225; (4) a description of the member selection process and criteria that the applicant will use to select members of the STEM Master Teacher Corps, in accordance with section 4225(b); (5) a description of how the eligible entity intends to facilitate networking and sharing of best practices and educational resources relating to STEM education among Corps members, particularly at rural schools, if applicable, and make a selection of these best practices and resources more widely available to other teachers and the STEM educational community, including through electronic means; (6) a demonstration that the entity has a clear plan for— (A) offering research-based professional development to Corps members, including training on instructional leadership, mentoring, engaging and effectively teaching historically underachieving or underrepresented groups in STEM fields, such as girls, minorities, low-income students, English learners, and students with disabilities, and effective STEM teaching methods, such as incorporating hands-on STEM projects into their lesson plans; and (B) tracking the effectiveness of such professional development; (7) a demonstration that the entity has a clear plan for evaluating the impact of the professional support provided by STEM Master Teacher Corps members to other teachers in their school, district, State (if part of the participating area), or consortium; (8) a description of how the local educational agencies and schools served by the eligible entity intend to align STEM Master Teacher Corps members’ duties with school systems and activities already in place, if applicable, such as professional development and mentoring; (9) an explanation of how STEM Master Teacher Corps members will be afforded the time, authority, and resources to fulfill requirements under the program, and how other teachers will be afforded the time to receive professional support from Corps members; (10) a demonstration that the entity has a clear plan for oversight to ensure that STEM Master Teacher Corps members carry out the responsibilities described in section 4225(c) to the fullest extent practicable, and a description of the actions to be taken if a member does not carry out such responsibilities; and (11) a description of how the grant funds will be financially managed. (c) Criteria for awarding grants (1) In general The Secretary shall award grants under this subpart on the basis of merit considering, at a minimum, the following: (A) The extent to which the local educational agencies that are part of the eligible entity are committed to integrating the program into existing school structures, policies, operations, and budgets, such as by enabling STEM Master Teacher Corps members to take on leadership roles in their schools, districts, States, if part of the participating area, or consortia, in addition to their classroom duties, including assisting in the development and implementation of professional development activities and driving the instructional program of the school. (B) The quality of the proposed professional development, teacher leadership and mentorship activities, and networking opportunities. (C) Demonstration that the local educational agencies and schools they serve have removed barriers to full participation in the program, including affording Corps members and the teachers they mentor the time to participate in activities required by the program. (D) The number and quality of the individuals that will be served by the program. (E) The capacity of the eligible entity to effectively carry out the program. (2) Priority In awarding grants under this subpart, the Secretary shall give priority to— (A) eligible entities that intend to include large numbers of teachers in the STEM Master Teacher Corps; and (B) eligible entities that intend to include rural schools, particularly high-need rural schools, in the participating area to be served. 4225. Required use of funds (a) In general An eligible entity receiving a grant under this subpart shall use grant funds to— (1) administer the selection of teachers for membership in the STEM Master Teacher Corps, in accordance with the requirements of subsection (b); (2) provide compensation to each public school teacher who is selected and serves as a member of the STEM Master Teacher Corps, in recognition of the teacher's teaching accomplishments, leadership, and increased responsibilities, which amount shall— (A) supplement, and not supplant, the teacher's base salary; and (B) be equal to— (i) in the case of a teacher who teaches at a high-need public school, including a high-need charter school, $15,000 per year for each year the teacher serves as a member of the Corps; and (ii) in the case of a teacher who teaches at a public school, including a charter school, that is not a high-need school, $5,000 per year for each year the teacher serves as a member of the Corps; (3) provide research-based professional development activities for members of the STEM Master Teacher Corps, as described in section 4224(b)(6), and track the effectiveness of such professional development in order to determine whether to alter professional development activities; (4) provide discretionary resources for STEM Master Teacher Corps members at high-need public schools to use in their classrooms and schools, including for after school activities to enrich STEM education and for equipment and technology to facilitate long distance networking, mentoring, and sharing of best practices; (5) assist in coordinating instructional leadership roles for STEM Master Teacher Corps members and mentoring relationships between STEM Master Teacher Corps members and other teachers in the same school, school district, State, if part of the participating area, or consortium in which the Corps members serve as instructional leaders; (6) facilitate efforts by STEM Master Teacher Corps members to inform STEM education policy at the national, State, and local levels; (7) help defray costs associated with affording STEM Master Teacher Corps members the time to fulfill their duties as Corps members; and (8) support other activities that advance the purpose of this subpart. (b) Selecting Members of the STEM Master Teacher Corps (1) Selection criteria for corps members The eligible entity shall select, as members of the STEM Master Teacher Corps, exemplary STEM teachers at the elementary school and secondary school levels who teach in the participating area, which may also include special education teachers and teachers of English learners who teach a STEM subject. In selecting the members, the eligible entity shall— (A) make decisions based on the teacher's— (i) ability to improve student academic achievement in the STEM fields, as demonstrated by, if applicable, student academic growth in such fields; (ii) ability to enhance student engagement in such fields; (iii) record of leadership in the teacher’s school and involvement in professional and outreach activities; (iv) record of teaching students not on grade level or not making sufficient growth to graduate college and career ready; and (v) demonstrated ability to facilitate student academic achievement growth with the students described in clause (iv), where such measures are available; and (B) evaluate the teacher’s ability and record based on multiple measures, such as— (i) teacher evaluations of pedagogical skills; (ii) an assessment of content knowledge; (iii) the performance and improvement of the teacher’s students on tests; (iv) demonstration of practical professional experience in the teacher’s discipline, such as having worked in industry or research; (v) involvement in STEM discipline professional societies; (vi) STEM outreach and community involvement; and (vii) certification by the National Board for Professional Teaching Standards, or other equivalently rigorous, performance-based, peer-reviewed certification, as a high-performing teacher. (2) Overall corps membership requirements An eligible entity receiving a grant under this subpart shall ensure that— (A) not more than 5 percent of the STEM teachers who teach in the participating area are members of the Corps; (B) not less than 75 percent of the STEM Master Teacher Corps members are teachers at high-need schools; (C) the proportion of STEM Master Teacher Corps members in the participating area who teach at rural high-need schools is not less than the proportion of all teachers who teach at rural high-need schools in the participating area; (D) there are multiple cohorts of STEM Master Teacher Corps members; and (E) the STEM Master Teacher Corps includes teachers from each of science, technology, engineering, and mathematics, if teachers from each of these disciplines meeting the standards of Corps membership are available in the participating area and may include teachers of career and technical education. (3) Participation of private school teachers An eligible entity may select STEM teachers who teach at private schools in the participating area to be members of the STEM Master Teacher Corps, except that— (A) not more than 5 percent of teachers selected as STEM Master Teacher Corps members shall be teachers at private schools; and (B) private school teachers shall not be eligible for compensation described in subsection (a)(2), discretionary resource funds described in subsection (a)(4), or for defrayment funds described in subsection (a)(7). (c) Corps member requirements Each teacher selected to be a member of the STEM Master Teacher Corps who wishes to join the Corps shall enter into an agreement with the eligible entity, under which the teacher shall, as a condition of receiving the compensation described in subsection (a)(2) and the discretionary resources described in subsection (a)(4), agree to carry out the responsibilities of a master teacher as required by the eligible entity, including— (1) participating in professional development activities offered by the program; (2) networking and sharing best practices and educational resources with other members of the STEM Master Teacher Corps; and (3) contributing to the professional development of the teacher's colleagues, which may include providing school-based professional support to other STEM teachers through regular weekly professional development sessions and individual coaching, where possible, leading professional learning communities, and taking on other instructional leadership roles in the teacher's school, district, State, if part of the participating area, or consortium. (d) Collection for Noncompliance (1) Monitoring compliance Each eligible entity that receives a grant under this subpart shall monitor whether each teacher the entity selects to be a member of the STEM Master Teacher Corps is in compliance with the Corps member requirements described in subsection (c). (2) Collection of repayment (A) In general A teacher selected to be a member of the STEM Master Teacher Corps shall repay the additional compensation provided for a school year described in subsection (a)(2) to the eligible entity if— (i) the entity finds the teacher not in compliance with the Corps member requirements described in subsection (c) and the entity determines the teacher should no longer be a member of the Corps for such year; or (ii) the teacher withdraws during such year from membership in the Corps without an accepted excuse, as determined by the eligible entity. (B) Compensation returned to the Treasury (i) In general Except as provided in clause (ii), an eligible entity that receives repaid compensation under subparagraph (A) shall return such compensation to the United States Treasury. (ii) Administrative costs An eligible entity that receives repaid compensation under subparagraph (A) may retain a percentage, determined by the Secretary, of such repayment to defray administrative costs associated with the collection. 4226. Performance metrics; report (a) Establishment of performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this subpart. (b) Annual report Each eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include information relevant to the performance metrics described in subsection (a). 4227. Supplement not supplant Funds received under this subpart shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this subpart. 4228. Evaluation From the amount reserved in accordance with section 9601, the Secretary shall— (1) acting through the Director of the Institute of Education Sciences, and in consultation with the Director of the National Science Foundation— (A) evaluate the implementation and impact of the activities supported under this subpart, with regard to the program's success in achieving the purpose described in section 4221; (B) identify optimal strategies for the design, implementation, and continuing development of the STEM Master Teacher Corps program; and (C) identify best practices for developing, supporting, and retaining STEM teachers based on lessons learned from the STEM Master Teacher Corps program; and (2) disseminate findings from the evaluation conducted under paragraph (1) to the STEM education field and make the findings publicly available. . 4104. Increasing access to a well-rounded education Title IV ( 20 U.S.C. 7101 et seq. C Increasing access to a well-rounded education and financial literacy 1 Increasing access to a well-rounded education 4301. Purpose The purpose of this subpart is to improve the academic achievement of low-income students by giving students increased access to high-quality instruction for a well-rounded education. 4302. Definitions In this subpart: (1) Covered subjects The term covered subjects (A) Arts. (B) Civics and government. (C) Economics. (D) Environmental education. (E) Financial literacy. (F) Foreign languages. (G) Geography. (H) Health education. (I) History. (J) Music. (K) Physical education. (L) Social studies. (2) Eligible entity The term eligible entity (A) a nonprofit organization with a demonstrated record of success in improving student achievement in 1 or more covered subjects; (B) an institution of higher education; (C) a local educational agency; (D) an educational service agency; or (E) 1 or more other State educational agencies. (3) Eligible subgrantee The term eligible subgrantee (A) a high-need local educational agency; (B) an educational service agency serving more than 1 high-need local educational agency; or (C) a consortium of high-need local educational agencies. (4) Low-income student The term low-income student (A) from a family with an income below the poverty line; or (B) who is eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 4303. Grant program (a) Grants to eligible entities From amounts appropriated to carry out this subpart for a fiscal year, and not reserved in accordance with section 9601, the Secretary shall make grants to eligible entities to enable the eligible entities to carry out the activities described in subsection (e). (b) Duration A grant under this section shall be for a period of not more than 5 years. (c) Payments (1) Contingent Payments After the third year of a grant under this section, the Secretary shall make continued funding under the grant contingent upon the eligible entity's progress toward reaching the goals established under the metrics described in subsection (h)(1). (2) Formula (A) Distribution Trigger (i) Amount to Trigger Formula If the amount of funds appropriated to carry out this subpart for a fiscal year equals or exceeds $500,000,000, then the Secretary shall award grants to eligible entities based on the formula described under subparagraph (B). (ii) Amount to Trigger Competitive Grant Process If the funds appropriated to carry out this subpart for a fiscal year are less than $500,000,000, then the Secretary shall award grants to eligible entities on a competitive basis. (B) Formula From funds made available to carry out this subpart for a fiscal year, and not reserved in accordance with section 9601, the Secretary shall allot to each eligible entity having an application approved under subparagraph (C)— (i) an amount that bears the same relationship to 80 percent of the remainder as the number of individuals ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all States that have an application approved under such subparagraph; and (ii) an amount that bears the same relationship to 20 percent of the remainder as the number of individuals ages 5 to 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all States that have an application approved under such subparagraph. (C) Exceptions (i) Minimum Grant Amount Subject to clause (ii), no State receiving an allotment under subparagraph (B) may receive less than 1 percent of the total amount allotted under such subparagraph. (ii) Puerto Rico The percentage of the amount allotted under subparagraph (B) that is allotted to the Commonwealth of Puerto Rico for a fiscal year may not exceed the amount under clause (i). (D) Peer Review Requirements The Secretary shall establish a peer review process to ensure that applications submitted for formula funding, as described in subparagraph (B), are of high quality and meet the requirements and purposes of this subpart. (d) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents The application shall, at a minimum— (A) describe the needs identified by the eligible entity, based on the eligible entity's analysis of— (i) student access to, and quality of instruction in, covered subjects, including a comparison of such access and quality between low-income and non-low-income students in the State served by the eligible entity; (ii) the capacity of high-need local educational agencies in such State to deliver high-quality instruction in covered subjects, including an analysis of instructional supports, curricula, professional growth and improvement systems, and teacher qualifications, effectiveness, knowledge, and skills; (iii) the capacity of the eligible entity to provide local educational agencies with the support, including professional development and technical assistance, needed to deliver high-quality instruction and develop curricula in covered subjects; and (iv) standards, assessments, curricula, accommodations, and other supports used in such State in covered subjects; (B) identify the covered subjects that the eligible entity will address through the activities described in subsection (e), consistent with the needs identified in subparagraph (A); (C) describe, in a manner that addresses the needs identified in subparagraph (A)— (i) how access to high-quality courses in the subjects identified in subparagraph (B) will be increased for low-income students in such State; (ii) how the knowledge and skills of teachers will be evaluated and improved so that such teachers will deliver high-quality instruction in such subjects; (iii) how the eligible entity will provide assistance to high-need local educational agencies to improve student access to, and achievement in, the subjects identified in subparagraph (B), including through principal training; and (iv) how the eligible entity will ensure that all activities funded through a grant awarded under this section are evidence-based; (D) describe how activities funded through a grant awarded under this section will be aligned with other Federal, State, and local funding, programs, and strategies, as appropriate; and (E) if applicable, describe the eligible entity's plan for disbursing funds to eligible subgrantees to implement the activities described in subsection (e). (3) Competitive priority If grants are awarded competitively, consistent with subsection (c)(2)(A)(ii), the Secretary shall give priority to applications from eligible entities that— (A) include in the application a plan to implement an interdisciplinary approach, by integrating instruction in 1 or more covered subjects with reading, English, language arts, science, or mathematics instruction; and (B) include in the application a plan to provide expanded learning time in the schools served by eligible subgrantees, in order to increase access to covered subjects. (e) Authorized Activities (1) In General Each eligible entity that receives a grant under this section shall use the grant funds to increase access for low-income students, including students who are English learners and students who are children with disabilities, to high-quality instruction in at least 1 of the covered subjects by carrying out 1 or more of the following activities: (A) Improving the knowledge and skills of teachers through professional growth and improvement systems, and other instructional supports. (B) Building local capacity to develop and implement, high-quality curricula, instructional supports, and assessments that are aligned with the State college and career ready academic content and achievement standards, consistent with section 1111(a)(1), in such subjects. (2) Special Rule Each eligible entity that receives a grant under this section shall use grant funds to meet the needs identified in subsection (d)(2)(A) and the Secretary shall not require any eligible entity to address a specific subject or to address all covered subjects. (3) State Administration Each eligible entity that receives a grant under this section may reserve not more than 4 percent of grant funds for administration costs of the grant. (f) Subgrants (1) In General Each eligible entity that receives a grant under this section may, in accordance with paragraph (2), award subgrants, on a competitive basis, to eligible subgrantees to enable such eligible subgrantees to carry out the activities described in subsection (e). (2) Minimum Grant Each subgrant under this subsection shall be of sufficient size and scope to support a high-quality, effective program that is consistent with the purpose of this subpart. (g) Evaluation From the amount reserved in accordance with section 9601, the Secretary shall— (1) acting through the Director of the Institute of Education Sciences— (A) evaluate, in consultation with the relevant program office at the Department of Education, the implementation and impact of the activities supported under this section, including progress as measured by the metrics established under subsection (h)(1); and (B) identify best practices to improve instruction in covered subjects; and (2) disseminate research on best practices to improve instruction in covered subjects. (h) Accountability (1) Performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, establish performance metrics to evaluate the outcomes of grant projects that are assisted under this subpart. (2) Annual Reports Each eligible entity that receives a grant under this section shall prepare and submit an annual report to the Secretary, which shall include information about the performance metrics described in paragraph (1). (i) Supplement not Supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplement such funds. (j) Maintenance of Effort A State that receives assistance under this subpart shall maintain the fiscal effort provided by the State for the subjects supported by a grant under this subpart at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. 2 Financial literacy education 4311. Short title This subpart may be cited as the Financial Literacy for Students Act 4312. Statewide incentive grants for financial literacy education (a) Grants Authorized From amounts made available under this subpart, the Secretary may award grants to State educational agencies to enable State educational agencies, on a statewide basis— (1) to integrate financial literacy education into each public elementary school and public secondary school within the State that is eligible to receive funds under title I; and (2) to provide professional development regarding the teaching of financial literacy in core academic subjects to each secondary school teacher of financial literacy or entrepreneurship within the State. (b) Permissible uses of funds In carrying out the grant activities described in subsection (a), the State educational agency may use grant funds to— (1) implement school-based financial literacy activities, including after school activities; (2) enhance student understanding and experiential learning with consumer, economic, entrepreneurship, and personal finance concepts; and (3) promote partnerships with community-based organizations, financial institutions, local businesses, entrepreneurs, or other organizations providing financial literacy activities. (c) Limitation on uses of funds A State educational agency receiving grant funds under this section shall not use more than 20 percent of such grant funds to carry out the following: (1) Teacher professional development programs to embed financial literacy or personal finance or entrepreneurship education into core academic subjects. (2) Curriculum development. (3) An evaluation of the impact of financial literacy or personal finance education on students' understanding of financial literacy concepts. (d) Matching funds A State educational agency that receives a grant under this section shall provide matching funds, from non-Federal sources, in an amount equal to 25 percent of the amount of grant funds provided to the State to carry out the activities supported by the grant. . 4105. Successful, safe, and healthy students Title IV ( 20 U.S.C. 7101 et seq. D Successful, safe, and healthy students 4401. Purpose The purpose of this part is to assist States and local educational agencies in developing and implementing comprehensive programs and strategies to foster positive conditions for learning in public schools, in order to increase academic achievement for all students through the provision of Federal assistance to States for the— (1) promotion of student physical health and well-being, nutrition, and fitness; (2) promotion of student mental health and well-being; (3) prevention of school violence, harassment, and substance abuse among students; and (4) promotion of safe and supportive schools. 4402. Definitions In this part: (1) Child and adolescent psychiatrist The term child and adolescent psychiatrist (A) possesses State medical licensure; and (B) has completed residency training programs in both general psychiatry and child and adolescent psychiatry. (2) Conditions for learning The term conditions for learning (A) advance student achievement and positive child and youth development by proactively supporting schools; (B) are applied in and around the school building, on pathways to and from the school and students' homes, at school-sponsored activities, and through electronic and social media involving students or school personnel; (C) promote physical, mental, and emotional health; (D) ensure physical and emotional safety for students and staff; (E) promote social, emotional, and character development; and (F) have the following attributes: (i) Provide opportunities for physical activity, good nutrition, and healthy living. (ii) Prevent the use and abuse of drugs. (iii) ensure that the school environments described in subparagraph (B) are— (I) free of weapons; and (II) free of harassment, abuse, dating violence, and all other forms of interpersonal aggression or violence. (iv) Do not condone or tolerate unhealthy or harmful behaviors, including discrimination of any kind. (v) Help staff and students to model positive social and emotional skills, including tolerance and respect for others. (vi) Promote concern for the well-being of students, including through the presence of caring adults. (vii) Ensure that the adults employed by the school— (I) have high expectations for student conduct, character, and academic achievement and the capacity to establish supportive relationships with students; and (II) are provided specialized training specific to the students’ stages of development. (viii) Engage families and community members with the school in meaningful and sustained ways, such as through case management services, to promote positive student academic achievement, developmental, and social growth, including non-cognitive skill development. (ix) To the extent practicable, provide access to school nurses, school counselors, and school social workers for the promotion of student physical health, mental health, and well-being. (3) Controlled substance The term controlled substance 21 U.S.C. 812(c) (4) Drug The term drug (A) a controlled substance; (B) with respect to alcohol and tobacco, the illegal use of such substances; and (C) with respect to inhalants and anabolic steroids, the harmful, abusive, or addictive use of such substances. (5) Drug and violence prevention The term drug and violence prevention (A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the abuse and illegal use of drugs, in order to— (i) raise awareness about the costs and consequences of drug use and abuse; (ii) change attitudes, perceptions, and social norms about the dangers and acceptability of alcohol, tobacco, and drugs; and (iii) reduce access to and use of alcohol, tobacco, and drugs; and (B) with respect to violence, the promotion of school safety in and around the school building, on pathways to and from the school and students' homes, at school-sponsored activities, and through electronic and social media involving students or school personnel, through the creation and maintenance of a school environment that— (i) is free of— (I) weapons; (II) violent and disruptive acts; (III) harassment; (IV) sexual harassment, dating violence, and abuse; and (V) victimization associated with prejudice and intolerance; (ii) fosters individual responsibility and respect for the rights and dignity of others; (iii) employs positive, preventative approaches to school discipline, such as schoolwide positive behavior supports and interventions and restorative justice, that improve student engagement while minimizing students’ removal from instruction and reducing the frequency of discipline infractions and disparities among the subgroups of students described in section 1116(b)(1)(B); and (iv) demonstrates preparedness and readiness to respond to, and recover from, incidents of school violence. (6) Eligible local applicant The term eligible local applicant (A) a local educational agency; (B) a consortium of local educational agencies; or (C) a nonprofit organization that has a track record of success in implementing the activities proposed in the grant application and has signed a memorandum of understanding with a local educational agency or consortium of local educational agencies that the organization will, upon receipt of a subgrant under this part— (i) implement school-based activities and programs described in section 4404(i)(1)(A)(iii) in 1 or more schools served by the local educational agency or consortium; and (ii) conduct school-level measurement of conditions for learning that are consistent with the State's conditions for learning measurement system under section 4404(h). (7) Harassment The term harassment (A) is sufficiently severe, persistent, or pervasive to limit or interfere with a student's ability to participate in or benefit from a program or activity of a public school or educational agency, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility, and communications made available through electronic means; and (B) is based on— (i) a student's actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion; (ii) the actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion of a person with whom a student associates or has associated; or (iii) any other distinguishing characteristics that may be enumerated by a State or local educational agency. (8) Other qualified psychologist The term other qualified psychologist (A) is licensed in psychology by the State in which the individual works; and (B) practices in the scope of the individual's education, training, and experience with children in school settings. (9) Physical education indicators The term physical education indicators (A) for the State, for each local educational agency in the State, and for each elementary school and secondary school in the State, the average number of minutes per week (averaged over the school year) that all students spend in required physical education, and the average number of minutes per week (averaged over the school year) that all students engage in moderate to vigorous physical activity, as measured against established recommended guidelines of the Centers for Disease Control and Prevention and the Department of Health and Human Services; (B) for the State, the percentage of local educational agencies that have a required, age-appropriate physical education curriculum that adheres to Centers for Disease Control and Prevention guidelines and State standards; (C) for the State, for each local educational agency in the State, and for each elementary school and secondary school in the State, the percentage of elementary school and secondary school physical education teachers who are licensed or certified in the State to teach physical education; (D) for the State, and for each local educational agency in the State, the percentage of elementary schools and secondary schools that have a physical education teacher who is certified or licensed to teach physical education and adapted physical education in the State; (E) for each school in the State, the number of indoor square feet and the number of outdoor square feet used primarily for physical education; and (F) for the State, the percentage of local educational agencies that have a school wellness council that— (i) includes members appointed by the local educational agency superintendent; (ii) may include parents, students, representatives of the school food authority, representatives of the school board, school administrators, school nurses, and members of the public; and (iii) meets regularly to promote a healthy school environment. (10) Prescription drug The term prescription drug (11) Programs to promote mental health The term programs to promote mental health (A) develop students’ social and emotional competencies; (B) link students with local mental health systems by— (i) enhancing, improving, or developing collaborative efforts between school-based service systems and mental health service systems to provide, enhance, or improve prevention, diagnosis, and treatment services to students, and to improve student social and emotional competencies; (ii) enhancing the availability of— (I) crisis intervention services; (II) appropriate referrals for students potentially in need of mental health services, including suicide prevention; and (III) ongoing mental health services; and (iii) providing services that establish or expand school counseling and mental health programs that— (I) are comprehensive in addressing the counseling, social, emotional, behavioral, mental health, and educational needs of all students; (II) use a developmental, preventive approach to counseling and mental health services; (III) are linguistically appropriate and culturally responsive; (IV) increase the range, availability, quantity, and quality of counseling and mental health services in the elementary schools and secondary schools of the local educational agency; (V) expand counseling and mental health services through— (aa) school counselors, school social workers, school psychologists, other qualified psychologists, child and adolescent psychiatrists, or other qualified health or mental health professionals, such as school nurses; and (bb) school-based mental health services partnership programs; (VI) use innovative approaches to— (aa) increase children's understanding of peer and family relationships, work and self, decisionmaking, or academic and career planning; or (bb) improve peer interaction; (VII) provide counseling and mental health services in settings that meet the range of student needs; (VIII) include professional development appropriate to the activities covered in this paragraph for teachers, school leaders, instructional staff, and appropriate school personnel, including training in appropriate identification and early intervention techniques by school counselors, school social workers, school psychologists, other qualified psychologists, child and adolescent psychiatrists, or other qualified health professionals, such as school nurses; (IX) ensure a team approach to school counseling and mental health services in the schools served by the local educational agency; (X) demonstrate that the local educational agency is working toward— (aa) a 1:250 ratio of school counselors to students, as recommended by the American School Counselor Association; (bb) a 1:250 ratio of school social workers to students, as recommended by the School Social Work Association of America; (cc) a 1:700 ratio of school psychologists to students, as recommended by the National Association of School Psychologists; and (dd) a 1:750 ratio of school nurses to students in the general population, a 1:225 ratio for students requiring daily professional school nursing services, and a 1:125 ratio for students with complex needs, as recommended by the National Association of School Nurses; and (XI) ensure that school counselors, school psychologists, other qualified psychologists, school social workers, or child and adolescent psychiatrists paid from funds made available under the programs spend a majority of their time counseling or providing mental health services to students or in other activities directly related to counseling or providing such services; (C) provide training for the school personnel, health professionals (such as school nurses), and mental health professionals who will participate in the programs; and (D) provide technical assistance and consultation to school systems, mental health agencies, and families participating in the programs. (12) Programs to promote physical activity, education, and fitness, and nutrition The term programs to promote physical activity, education, and fitness, and nutrition (A) increase and enable active student participation in physical well-being activities and provide teacher and school leader professional development to encourage and increase such participation; (B) are comprehensive in nature; (C) include opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education; and (D) include 1 or more of the following activities: (i) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. (ii) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, social, and emotional development of every student. (iii) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. (iv) Opportunities to develop positive social and cooperative skills through physical activity. (v) Instruction in healthy eating habits and good nutrition. (13) School-based mental health services partnership program The term school-based mental health services partnership program (A) includes a public or private mental health entity or health care entity and may include a child welfare agency, family-based mental health entity, family organization, trauma network, or other community-based entity; (B) provides comprehensive school-based mental health services and supports; (C) provides comprehensive staff development for school and community service personnel working in the school; (D) includes the early identification of social, emotional, or behavioral problems, or substance use disorders, and the provision of early intervening services; (E) provides for the treatment or referral for treatment of students with social, emotional, or behavioral health problems, or substance use disorders; (F) includes the development and implementation of programs to assist children in dealing with trauma and violence; (G) includes the development of mechanisms, based on best practices, for children to report incidents of violence or plans by other children or adults to commit violence; (H) is based on trauma-informed and evidence-based practices; (I) is coordinated, where appropriate, with early intervening services carried out under the Individuals with Disabilities Education Act; and (J) is provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise. (14) School counselor The term school counselor (A) is licensed by the State or certified by an independent professional regulatory authority; (B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. (15) School health indicators The term school health indicators (16) School nurse The term school nurse (17) School psychologist The term school psychologist (A) has completed a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours are in the school setting; (B) is licensed or certified in school psychology by the State in which the individual works; or (C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board. (18) School social worker The term school social worker (A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; and (B) (i) is licensed or certified by the State in which services are provided; or (ii) in the absence of such State licensure or certification, possesses a national credential or certification as a school social work specialist granted by an independent professional organization. 4403. Allocation of funds From amounts made available to carry out this part, the Secretary shall allocate— (1) in each year for which funding is made available to carry out this part, not more than 2 percent of such amounts for technical assistance and evaluation; (2) for the first 3 years for which funding is made available to carry out this part— (A) except as provided in subparagraph (B)— (i) not more than 30 percent of such amounts or $30,000,000, whichever amount is more, for State conditions for learning measurement systems grants, distributed to every State (by an application process consistent with section 4404(d)) in an amount proportional to each State’s share of funding under part A of title I, to develop or improve the State’s conditions for learning measurement system described in section 4404(h), and to conduct a needs analysis to meet the requirements of section 4404(d)(2)(D); and (ii) not more than 68 percent of such amounts for Successful, Safe, and Healthy Students State Grants under section 4404; and (B) for any fiscal year for which the amount remaining available after funds are reserved under paragraph (1) is less than $30,000,000, all of such remainder for the State conditions for learning measurement systems grants described in subparagraph (A)(i); and (3) for the fourth year and each subsequent year for which funding is made available to carry out this part, not less than 98 percent of such amounts for Successful, Safe, and Healthy Students State Grants under section 4404. 4404. Successful, safe, and healthy students State grants (a) Purpose The purpose of this section is to provide funding to eligible States to implement comprehensive programs that— (1) address conditions for learning in schools in the State; and (2) are based on— (A) scientifically valid research; and (B) an analysis of need that considers, at a minimum, the indicators in the State's conditions for learning measurement system described in subsection (h). (b) State grants (1) In general From amounts allocated under section 4403 for Successful, Safe, and Healthy Students State Grants, the Secretary shall award grants to eligible States to carry out the purpose of this section. (2) Awards to States (A) Formula grants Except as provided in subparagraph (B), if the total amount allocated under section 4403 for Successful, Safe, and Healthy Students State Grants for a fiscal year is $500,000,000 or greater, the Secretary shall allot to each State that meets the eligibility requirements of subsection (c) with an approved application an amount that bears the same relationship to such total amount as the amount received under part A of title I by such eligible State for the preceding fiscal year bears to the amount received under such part for the preceding fiscal year by all eligible States. (B) Minimum State allotment (i) In general No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total amount allotted under such subparagraph. (ii) Puerto Rico The amount allotted under subparagraph (A) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under such subparagraph for such fiscal year. (C) Competitive grants (i) In general If the total amount allocated under section 4403 for Successful, Safe, and Healthy Students State Grants for a fiscal year is less than $500,000,000, the Secretary shall award grants under this section to States that meet the eligibility requirements of subsection (c) on a competitive basis. (ii) Sufficient size and scope In awarding grants on a competitive basis pursuant to clause (i), the Secretary shall ensure that grant awards are of sufficient size and scope to carry out required and approved activities under this section. (c) Eligibility To be eligible to receive a grant under this section, a State shall demonstrate to the Secretary that the State has— (1) established a statewide physical education requirement that is consistent with widely recognized standards; and (2) required all local educational agencies in the State to— (A) establish policies that prevent and prohibit harassment in schools; and (B) provide— (i) annual notice to parents, students, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and (ii) grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including— (I) the name of the local educational agency official who is designated as responsible for receiving such complaints; and (II) timelines that the local educational agency will follow in the resolution of such complaints. (d) Applications (1) In general A State that desires to receive a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (2) Content of application At a minimum, the application shall include— (A) documentation of the State’s eligibility to receive a grant under this section, as described in subsection (c); (B) an assurance that the policies used to prohibit harassment in schools that are required under subsection (c)(2)(A) emphasize alternatives to school suspension that minimize students’ removal from grade-level instruction, promote mental health, and only allow out-of-school punishments in severe or persistent cases; (C) a plan for improving conditions for learning in schools in the State in a manner consistent with the requirements of this part that may be a part of a broader statewide child and youth plan, if such a plan exists and is consistent with the requirements of this part; (D) a needs analysis of the conditions for learning in schools in the State, which— (i) shall include a description of, and data measuring, the State's conditions for learning; and (ii) may be a part of a broader statewide child and youth needs analysis, if such an analysis exists and is consistent with the requirements of this part; (E) a description of how the activities the State proposes to implement with grant funds are responsive to the results of the needs analysis described in subparagraph (D); and (F) a description of how the State will— (i) develop, adopt, adapt, or improve and implement the State’s conditions for learning measurement system and how the State will ensure that all local educational agencies and schools in the State participate in such system; (ii) ensure the quality and validity of the State’s conditions for learning data collection, including the State’s plan for survey administration as required under subsection (h)(2)(A) and for ensuring the reliability and validity of survey instruments; (iii) coordinate the proposed activities with other Federal and State programs, including programs funded under this part, which may include programs to expand learning time and for before- and after-school programming in order to provide sufficient time to carry out activities described in this part; (iv) assist local educational agencies to align activities with funds the agencies receive under the program with other funding sources in order to support a coherent and nonduplicative program; (v) solicit and approve subgrant applications, including how the State will— (I) allocate funds for statewide activities and subgrants for each year of the grant, consistent with allocation requirements under subsection (i)(2); and (II) consider the results of the needs analysis described in subparagraph (D) in the State’s distribution of subgrants; (vi) address the needs of diverse geographic areas in the State, including rural and urban communities; (vii) provide assistance to local educational agencies and schools in their efforts to prevent and appropriately respond to incidents of harassment, including building the capacity of such agencies and schools to educate family and community members regarding the agencies’ and schools’ respective roles in preventing and responding to such incidents; and (viii) provide assistance to local educational agencies and schools in their efforts to implement positive, preventative approaches to school discipline, such as schoolwide positive behavior supports and interventions and restorative justice, that improve student engagement while minimizing students’ removal from instruction and reducing the frequency of discipline infractions and disciplinary disparities among the subgroups of students described in section 1116(b)(2)(B); (ix) provide assistance to local educational agencies and schools in their efforts to increase the provision of physical activity and physical education opportunities during the school day and implement programs to promote physical activity, education, and fitness, and nutrition; and (x) provide assistance to local educational agencies and schools in their efforts to improve access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State–certified mental health professional qualified under State law to provide mental health services to students in schools. (3) Review process The Secretary shall establish a peer review process to review applications submitted under this subsection. (e) Duration (1) In general A State that receives a grant under this section may receive funding for not more than 5 years in accordance with this subsection. (2) Initial period The Secretary shall award grants under this section for an initial period of not more than 3 years. (3) Grant extension The Secretary may extend a grant awarded to a State under this section for not more than an additional 2 years if the State shows sufficient improvement, as determined by the Secretary, against baseline data for the performance metrics established under subsection (j). (f) Reservation and use of funds A State that receives a grant under this section shall— (1) reserve not more than 10 percent of the grant funds for administration of the program, technical assistance, and the development, improvement, and implementation of the State’s conditions for learning measurement system, as described in subsection (h); and (2) use the remainder of grant funds after making the reservation under paragraph (1) to award subgrants, on a competitive basis, to eligible local applicants. (g) Required State activities A State that receives a grant under this section shall— (1) not later than 1 year after receipt of the grant, develop, adapt, improve, or adopt and implement the statewide conditions for learning measurement system described in subsection (h) (unless the State can demonstrate, to the satisfaction of the Secretary, that an appropriate system has already been implemented) that annually measures the State’s progress in the conditions for learning for every public school in the State; (2) collect information in each year of the grant on the conditions for learning at the school-building level through comprehensive needs assessments of student, school staff, and family perceptions, experiences, and behaviors; (3) collect annual incident data at the school-building level that are accurate and complete; (4) publicly report, at the local educational agency and school level, the data collected in the State’s conditions for learning measurement system, described in subsection (h), each year in a timely and highly accessible manner, and in a manner that does not reveal personally identifiable information; (5) use, on a continuous basis, the results of the data collected in the State's conditions for learning measurement system to— (A) identify and address conditions for learning statewide; (B) help subgrantees identify and address school and student needs; and (C) provide individualized assistance to low-performing schools identified under section 1116 and schools with significant conditions for learning weaknesses; (6) encourage local educational agencies to— (A) integrate physical activity, education, and fitness into a range of subjects throughout the school day and locations within schools; (B) encourage consultation with a variety of stakeholders, including families, students, school officials, and other organizations with wellness and physical activity, education, and fitness expertise; and (C) regularly monitor schools’ efforts in improving wellness and physical activity, education, and fitness understanding and habits among students; (7) encourage local educational agencies to— (A) integrate healthy eating and nutrition education into various times of the school day and locations within schools to encourage consultation with a variety of stakeholders, including families, students, school officials, and other organizations with nutrition education expertise; and (B) regularly monitor schools’ efforts in improving nutrition understanding and healthy eating among students; (8) encourage local educational agencies to implement programs that expand student access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State-certified mental health professional that are qualified under State law to provide mental health services to students in schools; (9) award subgrants, consistent with subsection (i), to eligible local applicants; and (10) monitor subgrants and provide technical assistance to subgrantees on the implementation of grant activities. (h) Conditions for learning measurement system (1) In general Each State that receives a grant under this part shall establish a State reporting and information system that measures conditions for learning in the State and is part of the State’s system for reporting the data required under section 1111 and part of any State longitudinal data system that links statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems. (2) System activities The State reporting and information system described in paragraph (1) shall— (A) contain, at a minimum, data from valid and reliable surveys of students and staff and the indicators in subparagraph (B) that allow staff at the State, local educational agencies, and schools to examine and improve school-level conditions for learning; (B) collect school-level data on— (i) physical education indicators, as applicable; (ii) individual student attendance and truancy; (iii) in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and disciplinary transfers (including placements in alternative schools) by student; (iv) the frequency, seriousness, and incidence of violence and drug-related offenses resulting in disciplinary action in elementary schools and secondary schools in the State; (v) the incidence and prevalence, age of onset, perception of and actual health risk, and perception of social disapproval of drug use and violence, including harassment, by youth and school personnel in schools and communities; (vi) school health indicators, including acute and chronic physical, mental, and emotional health care needs; and (vii) student access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State-certified mental health professional qualified under State law to provide such services to students in schools, including staff-to-student ratios; (C) collect and report data, including, at a minimum, the data described in clauses (ii), (iii), and (v) of subparagraph (B), in the aggregate and disaggregated by the categories of race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, and cross-tabulated across all of such categories by gender and by disability; (D) protect student privacy, consistent with applicable data privacy laws and regulations, including section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (E) to the extent practicable, utilize a web-based reporting system. (3) Compiling statistics In compiling the statistics required to measure conditions for learning in the State— (A) the offenses described in paragraph (2)(B)(iv) shall be defined pursuant to the State’s criminal code, and aligned to the extent practicable, with the Federal Bureau of Investigation’s Uniform Crime Reports categories, but shall not identify victims of crimes or persons accused of crimes; and the collected data shall include incident reports by school officials, anonymous student surveys, and anonymous teacher surveys; (B) the performance metrics that are established under subsection (j) shall be collected and the performance on such metrics shall be defined and reported uniformly statewide; (C) the State shall collect, analyze, and use the data under subparagraph (2)(B) at least annually; and (D) grant recipients and subgrant recipients shall use the data for planning and continuous improvement of activities implemented under this part, and may collect data for indicators that are locally defined, and that are not reported to the State, to meet local needs (so long as such indicators are aligned with the conditions for learning). (i) Subgrants (1) In general (A) Awarding of subgrants A State that receives a grant under this section shall award subgrants, on a competitive basis, to eligible local applicants— (i) based on need as identified by— (I) the State's conditions for learning measurement system described in subsection (h); or (II) in the case of a State for which the learning measurement system described in subsection (h) is not yet implemented, other data determined appropriate by the State; (ii) that are of sufficient size and scope to enable the eligible local applicants to carry out approved activities; and (iii) to implement programs that— (I) are comprehensive in nature; (II) are based on scientifically valid research; (III) are consistent with achieving the conditions for learning for the State; and (IV) address 1 or more of the uses described in clauses (i) through (iii) of paragraph (2)(A). (B) Assistance A State that receives a grant under this section shall provide assistance to subgrant applicants and recipients in the selection of scientifically valid programs and interventions. (C) Partnerships allowed An eligible local applicant may apply for a subgrant under this subsection in partnership with 1 or more community-based organizations. (2) Allocation (A) In general In awarding subgrants under this section, each State shall ensure that, for the aggregate of all subgrants awarded by the State— (i) not less than 20 percent of subgrant funds are used to carry out drug and violence prevention; (ii) not less than 20 percent of subgrant funds are used to carry out programs to promote mental health; and (iii) not less than 20 percent of subgrant funds are used to carry out programs to promote physical activity, education, and fitness, and nutrition. (B) Rule of construction Nothing in this paragraph shall be construed to require States, in making subgrants to eligible local applicants, to require the eligible local applicants to use 20 percent of subgrant funds for each of the uses described in clauses (i) through (iii) of subparagraph (A). (3) Applications An eligible local applicant that desires to receive a subgrant under this subsection shall submit to the State an application at such time, in such manner, and containing such information as the State may require. (4) Priority In awarding subgrants under this subsection, a State shall give priority to applications that— (A) demonstrate the greatest need, according to the results of the State’s conditions for learning surveys described in subsection (h)(2); and (B) propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or are eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (5) Activities of subgrant recipients Each recipient of a subgrant under this subsection shall, for the duration of the subgrant— (A) carry out activities— (i) the need for which has been identified— (I) at a minimum, through the State's conditions for learning measurement system described in subsection (h); or (II) in the case of a State that has not yet implemented the learning measurement system described in subsection (h), through the State's needs analysis described in subsection (d)(2)(D); and (ii) that are part of a comprehensive strategy or framework to address such need; and (iii) that include 1 or more of the following: (I) Drug and violence prevention. (II) Programs to promote mental health. (III) Programs to promote physical activity, education, and fitness, and nutrition; (B) ensure that each framework, intervention, or program selected be based on scientifically valid research and be used for the purpose for which such framework, intervention, or program was found to be effective; (C) use school-level data from the State's conditions for learning measurement system described in subsection (h), to inform the implementation and continuous improvement of activities carried out under this part; (D) use data from the statewide conditions for learning measurement system to identify challenges outside of school or off school grounds (including the need for safe passages for students to and from school), and collaborate with 1 or more community-based organization to address such challenges; (E) collect, and report to the State educational agency, data for schools served by the subgrant recipient, in a manner consistent with the State’s conditions for learning measurement system described in subsection (h); (F) establish policies to expand access to quality physical activity opportunities, including local school wellness policies; (G) if the local educational agency to be served through the grant does not have an active school wellness council consistent with the requirements of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. (H) engage family members and community-based organizations in the development of conditions for learning surveys, and in the planning, implementation, and review of the subgrant recipient’s efforts under this part; (I) consider and accommodate the unique needs of students with disabilities and English learners in implementing activities; and (J) establish policies to expand access to quality counseling and mental health programs and services. (j) Accountability (1) Establishment of performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish program performance metrics to measure the effectiveness of the activities carried out under this part. (2) Annual report Each State that receives a grant under this part shall prepare and submit an annual report to the Secretary, which shall include information relevant to the conditions for learning, including progress toward meeting outcomes for the metrics established under paragraph (1). (k) Evaluation From the amount reserved in accordance with section 9601, the Secretary, acting through the Director of the Institute of Education Sciences, shall conduct an evaluation of the impact of the practices funded or disseminated under this section. 4405. Technical assistance From the amount allocated under section 4403(3), the Secretary shall provide technical assistance to applicants, recipients, and subgrant recipients of the programs funded under this part. 4406. Prohibited uses of funds No funds appropriated under this part may be used to pay for— (1) school resource officer or other security personnel salaries, metal detectors, security cameras, or other security-related salaries, equipment, or expenses; (2) drug testing programs; or (3) the development, establishment, implementation, or enforcement of zero-tolerance discipline policies, other than those expressly required under the Gun-Free Schools Act ( 20 U.S.C. 7151 et seq. 4407. Federal and State nondiscrimination laws Nothing in this part shall be construed to invalidate or limit nondiscrimination principles or rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 42 U.S.C. 12101 et seq. 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 . 4106. Student non-discrimination Title IV ( 20 U.S.C. 7101 et seq. E Student Non-Discrimination 4501. Short title This part may be cited as the Student Non-Discrimination Act of 2013 4502. Findings and purposes (a) Findings The Congress finds the following: (1) Public school students who are lesbian, gay, bisexual, or transgender (referred to in this part as LGBT (2) While discrimination of any kind is harmful to students and to the education system, actions that target students based on sexual orientation or gender identity represent a distinct and severe problem that remains inadequately addressed by current Federal law. (3) Numerous social science studies demonstrate that discrimination at school has contributed to high rates of absenteeism, academic underachievement, dropping out, and adverse physical and mental health consequences among LGBT youth. (4) When left unchecked, discrimination in schools based on sexual orientation or gender identity can lead, and has led, to life-threatening violence and to suicide. (5) Public school students enjoy a variety of constitutional rights, including rights to equal protection, privacy, and free expression, which are infringed when school officials engage in or fail to take prompt and effective action to stop discrimination on the basis of sexual orientation or gender identity. (6) Provisions of Federal statutory law expressly prohibit discrimination on the basis of race, color, sex, religion, disability, and national origin. The Department of Education and the Department of Justice, as well as numerous courts, have correctly interpreted the prohibitions on sex discrimination to include discrimination based on sex stereotypes and gender identity, even when that sex-based discrimination coincides or overlaps with discrimination based on sexual orientation. However, the absence of express Federal law prohibitions on discrimination on the basis of sexual orientation and gender identity has created unnecessary uncertainty that risks limiting access to legal remedies under Federal law for LGBT students and their parents. (b) Purposes The purposes of this part are— (1) to ensure that all students have access to public education in a safe environment free from discrimination, including harassment, bullying, intimidation, and violence, on the basis of sexual orientation or gender identity; (2) to provide a comprehensive Federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity; (3) to provide meaningful and effective remedies for discrimination in public schools based on actual or perceived sexual orientation or gender identity; (4) to invoke congressional powers, including the power to enforce the 14th Amendment to the Constitution and to provide for the general welfare pursuant to section 8 of article I of the Constitution and the power to make all laws necessary and proper for the execution of the foregoing powers pursuant to section 8 of article I of the Constitution, in order to prohibit discrimination in public schools on the basis of sexual orientation or gender identity; and (5) to allow the Department of Education and the Department of Justice to effectively combat discrimination based on sexual orientation and gender identity in public schools, through regulation and enforcement, as the Departments have issued regulations under and enforced title IX of the Education Amendments of 1972 and other nondiscrimination laws in a manner that effectively addresses discrimination. 4503. Definitions and rule (a) Definitions For purposes of this part: (1) Educational agency The term educational agency (2) Gender identity The term gender identity (3) Harassment The term harassment (A) a student’s actual or perceived sexual orientation or gender identity; or (B) the actual or perceived sexual orientation or gender identity of a person with whom a student associates or has associated. (4) Program or activity The terms program or activity program 42 U.S.C. 2000d–4a (5) Public school The term public school (6) Sexual orientation The term sexual orientation (7) Student The term student (b) Rule Consistent with Federal law, in this part the term includes includes but is not limited to 4504. Prohibition against discrimination (a) In general No student shall, on the basis of actual or perceived sexual orientation or gender identity of such individual or of a person with whom the student associates or has associated, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity if any part of the program or activity receives Federal financial assistance. (b) Harassment For purposes of this part, discrimination includes harassment of a student on the basis of actual or perceived sexual orientation or gender identity of such student or of a person with whom the student associates or has associated. (c) Retaliation prohibited (1) Prohibition No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination, retaliation, or reprisal under any program or activity receiving Federal financial assistance based on the person's opposition to conduct made unlawful by this part. (2) Definition For purposes of this subsection, opposition to conduct made unlawful by this part (A) opposition to conduct believed to be made unlawful by this part or conduct that could be believed to become unlawful under this part if allowed to continue; (B) any formal or informal report, whether oral or written, to any governmental entity, including public schools and educational agencies and employees of the public schools or educational agencies, regarding conduct made unlawful by this part, conduct believed to be made unlawful by this part, or conduct that could be believed to become unlawful under this part if allowed to continue; (C) participation in any investigation, proceeding, or hearing related to conduct made unlawful by this part, conduct believed to be made unlawful by this part, or conduct that could be believed to become unlawful under this part if allowed to continue; and (D) assistance or encouragement provided to any other person in the exercise or enjoyment of any right granted or protected by this part, if in the course of that opposition to conduct made unlawful by this part, the person involved does not purposefully provide information known to be materially false to any public school or educational agency or other governmental entity regarding conduct made unlawful by this part, or conduct believed to be made unlawful by this part, or conduct that could be believed to become unlawful under this part if allowed to continue. 4505. Federal administrative enforcement; report to congressional committees (a) Requirements Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 4504 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. (b) Enforcement Compliance with any requirement adopted pursuant to this section may be effected— (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found; or (2) by any other means authorized by law, except that no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. (c) Reports In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House of Representatives and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until 30 days have elapsed after the filing of such report. 4506. Private cause of action (a) Private cause of action Subject to subsection (c), and consistent with the cause of action recognized under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and their implementing regulations, an aggrieved person may bring an action in a court of competent jurisdiction, asserting a violation of this part or the requirements adopted to effectuate this part. Aggrieved persons may be awarded all appropriate relief, including equitable relief, compensatory damages, and costs of the action. (b) Rule of construction This section shall not be construed to preclude an aggrieved person from obtaining remedies under any other provision of law or to require such person to exhaust any administrative complaint process or notice of claim requirement before seeking redress under this section. (c) Statute of limitations For actions brought pursuant to this section, the statute of limitations period shall be determined in accordance with section 1658(a) of title 28, United States Code. The tolling of any such limitations period shall be determined in accordance with the law governing actions under section 1979 of the Revised Statutes ( 42 U.S.C. 1983 4507. Cause of action by the attorney general The Attorney General is authorized to institute for or in the name of the United States a civil action for a violation of this part or the requirements adopted to effectuate this part in any appropriate district court of the United States against such parties and for such relief as may be appropriate, including equitable relief and compensatory damages. Whenever a civil action is instituted for a violation of this part, or the requirements adopted to effectuate this part, the Attorney General may intervene in such action upon timely application and shall be entitled to the same relief as if the Attorney General had instituted the action. Nothing in this part shall adversely affect the right of any person to sue or obtain relief in any court for any activity that violates this part, including requirements adopted to effectuate this part. 4508. State immunity (a) State immunity A State shall not be immune under the 11th Amendment to the Constitution from suit in Federal court for a violation of this part or the requirements adopted to effectuate this part. (b) Waiver An educational agency’s, including a State educational agency’s, receipt or use of Federal financial assistance shall constitute a waiver of sovereign immunity, under the 11th Amendment or otherwise, to a suit brought by an aggrieved person for a violation of section 4504 or the requirements adopted to effectuate section 4504. (c) Remedies In a suit against a State for a violation of this part, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. 4509. Attorney’s fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) the Student Non-Discrimination Act of 2013, Religious Land Use and Institutionalized Persons Act of 2000, 4510. Effect on other laws (a) Federal and State nondiscrimination laws Nothing in this part or the requirements adopted to effectuate this part shall be construed to preempt, invalidate, or limit rights, remedies, procedures, or legal standards available to victims of discrimination or retaliation, under any other Federal law or law of a State or political subdivision of a State, including titles IV and VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000c et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. 42 U.S.C. 1983 (b) Free speech and expression laws and religious student groups Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals or groups under, other Federal laws that establish protections for freedom of speech and expression, such as legal standards and rights available to religious and other student groups under the First Amendment and the Equal Access Act ( 20 U.S.C. 4071 et seq. 4511. Severability If any provision of this part, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this part, and the application of the provision to any other person or circumstance shall not be impacted. 4512. Effective date This part shall take effect 60 days after the date of enactment of the Student Non-Discrimination Act of 2013 and shall not apply to conduct occurring before the effective date of this part. . 4107. 21st Century Community Learning Centers Part F of title IV, as redesignated by section 4103(a) of this Act, is amended— (1) in section 4601, as redesignated by section 4103(a) of this Act— (A) in subsection (a)— (i) in the matter preceding paragraph (1)— (I) by striking to provide to assist States in providing (II) by striking communities eligible entities (ii) in paragraph (1)— (I) by inserting students with before school, after school, or summer learning (II) by striking , particularly students (III) by striking the comma after low-performing schools (iii) in paragraph (2)— (I) by inserting who attend low-performing schools offer students (II) by striking and (iv) by striking paragraph (3) and inserting the following: (3) significantly increase the number of hours in a regular school day, week, or year in order to provide students with additional time for academic work and for additional subjects and enrichment activities that increase student achievement and engagement; and (4) comprehensively redesign and implement an expanded school day, expanded school week, or expanded school year schedule for all students in a high-need school, to provide additional time for— (A) instruction in core academic subjects; (B) instruction in additional subjects and enrichment activities; and (C) teachers and staff to collaborate, plan, and engage in professional development within and across grades and subjects. ; and (B) in subsection (b)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking that— that provides 1 or more of the following: (II) in subparagraph (A)— (aa) by striking assists Before school, after school, or summer learning programs that assist (bb) by striking (such as before and after school or during summer recess) not in session (cc) by striking ; and (III) by striking subparagraph (B) and inserting the following: (B) Expanded learning time programs that significantly increase the total number of hours in a regular school day, week, or year, in order to provide students with the greatest academic needs with— (i) additional time to participate in academic activities that— (I) are aligned with the instruction that such students receive during the regular school day; and (II) are targeted to the academic needs of such students; and (ii) time to engage in enrichment and other activities that complement the academic program and contribute to a well-rounded education, which may include music and the arts, physical education, and experiential and work-based learning opportunities. (C) Expanded learning time initiatives that use an expanded school day, expanded school week, or expanded school year schedule to increase the total number of school hours for the school year at a high-need school by not less than 300 hours and redesign the school's program in a manner that includes additional time— (i) for academic work, and to support innovation in teaching, in order to improve the proficiency of participating students, particularly struggling students, in core academic subjects; (ii) to advance student learning for all students in all grades; (iii) for additional subjects and enrichment activities that contribute to a well-rounded education, which may include music and the arts, physical education, and experiential and work-based learning opportunities; and (iv) for teachers to engage in collaboration and professional planning, within and across grades and subjects. ; (ii) by striking paragraphs (2) and (3) and inserting the following: (2) Eligible Entity (A) In General The term eligible entity (i) 1 or more high-need local educational agencies in partnership with 1 or more public entities or nonprofit organizations with a demonstrated record of success in designing and implementing before school, after school, summer learning, or expanded learning time activities; or (ii) 1 or more public entities or nonprofit organizations with a demonstrated record of success in designing and implementing before school, after school, summer learning, or expanded learning time activities, in partnership with 1 or more high-need local educational agencies. (B) Special Rule A State educational agency shall deem a rural local educational agency applying for a grant under section 4604 without a partnering public or nonprofit entity to be an eligible entity if the rural local educational agency demonstrates that such agency is unable to partner with a public or nonprofit organization in reasonable geographic proximity or of sufficient quality to meet the requirements of this part. ; and (iii) by redesignating paragraph (4) as paragraph (3); (2) in section 4602, as redesignated by section 4103(a) of this Act— (A) in subsection (a)— (i) by striking under section 4206 to carry out this part (ii) by striking paragraph (1); (iii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (iv) in paragraph (2), as redesignated by clause (iii), by striking Bureau of Indian Affairs Bureau of Indian Education (B) in subsection (b)(1), by striking under section 4206 to carry out this part (C) in subsection (c)— (i) in paragraph (1), by striking 4204 4604 (ii) in paragraph (2)— (I) in subparagraph (B)— (aa) by striking responsible for administering youth development programs and adult learning activities as applicable (bb) by striking 4204(b) 4604(b) (II) by striking the undesignated matter following subparagraph (B) and inserting the following: (C) supervising the awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities). ; and (iii) in paragraph (3)— (I) in subparagraph (A)— (aa) by inserting comprehensive Monitoring and (bb) by inserting (directly, or through a grant or contract) of the effectiveness evaluation (II) by striking subparagraph (B) and inserting the following: (B) Providing capacity building, training, professional development, and technical assistance under this part to eligible entities, relating to activities such as— (i) coordinating activities carried out under this part with other Federal, State, and local programs so as to implement high-quality programs; and (ii) aligning activities carried out under this part with State academic content standards. ; and (III) by striking subparagraphs (C) and (D); (3) in section 4603(a), as redesignated by section 4103(a) of this Act— (A) in the matter preceding paragraph (1), by striking 4202 4602 (B) in paragraph (3), by striking serve— subparagraph (A) serve students who primarily attend high-need schools and schools that are identified through a State's accountability and improvement system under subsection (b) or (c)(2) of section 1116 (C) in paragraph (4)— (i) by inserting the State's rigorous, high-quality competition for grants under section 4204, including describes (ii) by striking , which shall include standards (D) by striking paragraph (5) and inserting the following: (5) describes how the State educational agency will ensure that awards made under this part are of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; ; (E) by striking paragraph (7) and inserting the following: (7) describes how the State educational agency will assist eligible entities in coordinating funds received through the grant with other funding streams, in order to support a coherent and sustainable approach to funding and implementing programs and activities under this part and other programs under this Act; ; (F) in paragraph (8)(A), by striking not less than 3 years and not more than 5 years not more than 3 years, and may extend a grant for an additional period of not more than 2 years if the eligible entity is achieving the intended outcomes of the grant (G) in paragraph (10)— (i) by inserting , if any, transportation needs (ii) by striking 4204(b) 4604(b) (H) in paragraph (11), by striking before and after school (or summer school) programs, the heads of the State health and mental health agencies or their designees, before school, after school, summer learning, and expanded learning time programs and initiatives, (I) in paragraph (12), by striking before and after school before school, after school, summer learning, and expanded learning time (J) in paragraph (13)— (i) in the matter preceding subparagraph (A), by inserting , on a regular basis, and not less than every 3 years after the receipt of the grant will evaluate (ii) by striking subparagraph (A) and inserting the following: (A) a description of the benchmarks and performance goals that will be used to hold eligible entities accountable and to determine whether to provide eligible entities receiving a grant under section 4604 with an additional 2-year period of grant funding after the initial 3-year grant; and ; and (iii) in subparagraph (B), by striking and (K) in paragraph (14), by striking the period at the end and inserting ; and (L) by adding at the end the following: (15) contains an assurance that each eligible entity that applies for an award under section 4604 shall have the flexibility to apply for funds to carry out programs described in subparagraph (A), (B), or (C) of section 4601(b)(1). ; (4) in section 4604, as redesignated by section 4103(a) of this Act— (A) in subsection (a), by striking 4202(c)(1) 4602(c)(1) (B) in subsection (b)(2)— (i) by striking subparagraph (A) and inserting the following: (A) a description of the before school, after school, summer learning, or expanded learning time activities to be funded, including— (i) evidence that research-based strategies for student achievement and engagement will be utilized in the program; (ii) as applicable, an explanation of how the program will offer students— (I) academic instruction that is aligned with the academic needs of the students, including English learners and students with disabilities; and (II) engaging enrichment activities that are aligned with the developmental needs and interests of the students, and that contribute to a well-rounded education; (iii) an assurance that the program will take place in a safe learning environment and an easily accessible facility; (iv) if applicable, a description of how students participating in the program will travel safely to and from home; and (v) a description of how the eligible entity will disseminate information about the program to the community in a manner that is understandable and accessible; ; (ii) in subparagraph (B)— (I) by striking activity program (II) by adding at the end and help keep students on a path to make sufficient academic growth (iii) by striking subparagraphs (L) and (M); (iv) by striking subparagraph (E) and inserting the following: (E) as applicable, an explanation of how the program will offer students— (i) academic instruction that is aligned with the academic needs of the students; and (ii) engaging enrichment activities that are aligned with the developmental needs and interests of the students, and that contribute to a well-rounded education; ; (v) in subparagraph (F), by striking schools eligible such students high-need schools and schools that are identified through a State's accountability and improvement system under subsections (b) or (c)(2) of section 1116 (vi) by striking subparagraph (H) and inserting the following: (H) a description of the capacity of the eligible entity partners described in section 4601(b)(2)(A)(ii) to successfully implement the program, including the quality and experience of the management team of such partners; ; (vii) in subparagraph (I)— (I) by striking in the center (II) by striking (including the needs of working families) (viii) by striking subparagraph (J) and inserting the following: (J) a description of the education and training activities that program staff and teachers, as applicable, have received or will receive to effectively administer the proposed program; ; and (ix) by redesignating subparagraph (N) as subparagraph (L); (C) by striking subsections (d) and (h) and redesignating subsections (e) through (g) and (i) as subsections (d) through (f) and (g), respectively; (D) in subsection (f), as redesignated by subparagraph (C), by striking not less than 3 years and not more than 5 years not more than 3 years, and may be extended for an additional period of not more than 2 years, if an eligible entity is achieving the intended outcomes of the grant (E) by striking subsection (g), as redesignated by subparagraph (C), and inserting the following: (g) Priority (1) In General In awarding grants under this part, a State educational agency shall give priority to high-quality applications that— (A) are based on strong research evidence for improving student learning, as measured by student achievement and other measures of student learning and development that are appropriate for, and aligned to, the program’s goals and design; (B) propose to serve the highest percentage of students from low-income families; (C) include a partnership agreement, signed by each partner of the eligible entity, that— (i) shows that the staff of each partner are committed to work collaboratively to implement the proposed activities, including through coordinated planning, collaborative implementation, and joint professional development and training opportunities; (ii) sets clear expectations, including measurable goals for each partner; (iii) requires the collection and reporting of data about the outcomes of programs funded under this part, in order to monitor progress toward achieving such goals and inform implementation; and (iv) specifies how student information will be shared to advance the goals of the proposed program and activities, including student academic achievement and engagement data, as appropriate and in accordance with Federal, State, and local laws; and (D) are submitted by eligible entities that will provide matching funds to carry out the activities supported by the grant, as described in paragraph (2). (2) Matching Funds (A) Amount of Matching Funds In awarding grants under this section, a State educational agency shall give priority to applications from eligible entities that, in addition to meeting the requirements of paragraph (1), provide matching funds in an amount not less than— (i) for the first year of an initial grant under this section, 10 percent of the cost of the activities; (ii) for the second year of such grant, 20 percent of the cost of the activities; (iii) for the third year of such grant, and for the first year of a subsequent grant under this section, 30 percent of the cost of the activities; and (iv) for the second or any succeeding year of such subsequent grant, 40 percent of the cost of the activities. (B) Cash or in-kind The eligible entity may provide the matching funds described in subparagraph (A) in cash or in-kind, fairly evaluated, including plant, equipment, or services, but may not provide more than 50 percent of the matching funds in-kind. (C) Waiver A State educational agency may waive all or part of the matching requirement for priority described in this paragraph, on a case-by-case basis, upon a showing of serious financial hardship. ; and (F) by adding at the end the following: (h) Special rule In implementing 21st Century Community Learning Centers, the Department shall not give priority to, show preference for, or provide direction about whether communities use 21st Century Community Learning Centers funds for eligible entities described in subparagraph (A), (B), or (C) of section 4601(b)(1). ; (5) in section 4605, as redesignated by section 4103(a) of this Act— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking before and after school activities (including during summer recess periods) before school, after school, summer learning, or expanded learning time activities (ii) by redesignating paragraphs (1) through (12) as paragraphs (2) through (13), respectively; (iii) by inserting before paragraph (2), as redesignated by clause (ii), the following: (1) high-quality expanded learning time programs or initiatives; ; (iv) in paragraph (6), as redesignated by clause (ii), by striking (including those provided by senior citizen volunteers) (v) in paragraph (7), as redesignated by clause (ii), by striking limited English proficient students English learners (B) by striking subsection (b) and inserting the following: (b) Performance Indicators Each State educational agency that receives a grant under this part shall collect, and annually report to the Secretary, information on the following performance indicators, disaggregated, as appropriate, by the subgroups described in section 1111(a)(2)(B)(x): (1) The average time added to the school day, school week, or school year, if applicable. (2) Student participation and attendance rates for the programs funded under this part. (3) Student achievement in core academic subjects and high school graduation rates, as applicable, for students who participate in such programs. . 4108. Promise neighborhoods Title IV (20 U.S.C. 7101 et seq.) is amended by inserting after part F, as redesignated by section 4103(a) of this Act, the following: G Promise neighborhoods 4701. Short title This part may be cited as the Promise Neighborhoods Act of 2013 4702. Purpose The purpose of this part is to significantly improve the academic and developmental outcomes of children living in our Nation’s most distressed communities from birth through college and career entry, including ensuring school readiness, high school graduation, and college and career readiness for such children, through the use of data-driven decisionmaking and access to a community-based continuum of high-quality services, beginning at birth. 4703. Definitions In this part: (1) Child The term child (2) College and career readiness The term college and career readiness (3) Community of practice The term community of practice (4) Comprehensive school readiness assessment The term comprehensive school readiness assessment (A) screens for school readiness across domains, including language, cognitive, physical, motor, sensory, and social-emotional domains, and through a developmental screening.; and (B) may also include other sources of information, such as child observations by parents and others, verbal and written reports, child work samples (for children aged 3 to 5), and health and developmental histories. (5) Developmental screening The term developmental screening (6) Expanded learning time The term expanded learning time (7) Family and community engagement The term family and community engagement (A) disseminating a clear definition of the neighborhood to the members of the neighborhood; (B) ensuring representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this part; (C) regular engagement by the eligible entity and the partners of the eligible entity with family members and community partners; (D) the provision of strategies and practices to assist family and community members in actively supporting student achievement and child development; and (E) collaboration with institutions of higher education, workforce development centers, and employers to align expectations and programming with college and career readiness. (8) Family and student supports The term family and student supports (A) health programs (including both mental health and physical health services); (B) school, public, and child-safety programs; (C) programs that improve family stability; (D) workforce development programs (including those that meet local business needs, such as internships and externships); (E) social service programs; (F) legal aid programs; (G) financial literacy education programs; (H) adult education and family literacy programs; (I) parent, family, and community engagement programs; and (J) programs that increase access to learning technology and enhance the digital literacy skills of students. (9) Family member The term family member (10) Integrated student supports The term integrated student supports (A) to increase academic achievement and engagement; (B) to support positive child development; and (C) to increase student preparedness for success in college and the workforce. (11) Neighborhood The term neighborhood (12) Pipeline services The term pipeline services (A) Prenatal education and support for expectant parents. (B) High-quality early learning opportunities. (C) High-quality schools and out-of-school-time programs and strategies. (D) Support for a child’s transition to elementary school, including the administration of a comprehensive school readiness assessment. (E) Support for a child’s transition from elementary school to middle school, from middle school to high school, and from high school into and through college and into the workforce. (F) Family and community engagement. (G) Family and student supports. (H) Activities that support college and career readiness, including coordination between such activities, such as— (i) assistance with college admissions, financial aid, and scholarship applications, especially for low-income and low-achieving students; and (ii) career preparation services and supports. (I) Neighborhood-based support for college-age students who have attended the schools in the pipeline, or students who are members of the community, facilitating their continued connection to the community and success in college and the workforce. 1 Promise neighborhood partnership grants 4711. Program authorized (a) In general (1) Program authorized From amounts appropriated to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to implement a comprehensive, evidence-based continuum of coordinated services and supports that engages community partners to improve academic achievement, student development, and college and career readiness, measured by common outcomes, by carrying out the activities described in section 4714 in neighborhoods with high concentrations of low-income individuals and persistently low-achieving schools or schools with an achievement gap. (2) Sufficient size and scope Each grant awarded under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the purpose of this part. (b) Duration A grant awarded under this subpart— (1) shall be for a period of not more than 5 years; and (2) may be renewed for not more than 1 additional grant period, if the eligible entity demonstrates significant improvement in relation to the performance metrics established under section 4716(a). (c) Continued funding Continued funding of a grant under this subpart, including a grant renewed under subsection (b)(2), after the third year of the grant period shall be contingent on the eligible entity’s progress toward meeting the performance metrics described in section 4716(a). (d) Matching requirement (1) In general Each eligible entity receiving a grant under this subpart shall contribute matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching funds shall come from Federal, State, local, and private sources. (2) Private sources The Secretary— (A) shall require that a portion of the matching funds come from private sources; and (B) may allow the use of in-kind donations to satisfy the matching funds requirement. (3) Adjustment The Secretary may adjust the matching funds requirement for applicants that demonstrate high need, including applicants from rural areas or applicant that wish to provide services on tribal lands. (e) Financial hardship waiver (1) In General The Secretary may waive or reduce, on a case-by-case basis, the matching requirement described in subsection (d), for a period of 1 year at a time, if the eligible entity demonstrates significant financial hardship. (2) Private sources waiver The Secretary may waive or reduce, on a case-by-case basis, the requirement described in subsection (d) that a portion of matching funds come from private sources if the eligible entity demonstrates an inability to access such funds in the State. 4712. Eligible entities In this subpart, the term eligible entity (1) A high-need local educational agency. (2) A charter school funded by the Bureau of Indian Education that is not a local educational agency, except that such school shall not be the fiscal agent for the eligible entity partnership. (3) An institution of higher education, as defined in section 102 of the Higher Education Act of 1965. (4) The office of a chief elected official of a unit of local government. (5) An Indian tribe or tribal organization, as defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b 4713. Application requirements (a) In general An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents of application At a minimum, an application described in subsection (a) shall include the following: (1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligible entity, by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4) and supported by evidence-based practices. (2) A description of the neighborhood that the eligible entity will serve. (3) Measurable annual goals for the outcomes of the grant, including— (A) performance goals, in accordance with the metrics described in section 4716(a), for each year of the grant; and (B) projected participation rates and any plans to expand the number of children served or the neighborhood proposed to be served by the grant program. (4) An analysis of the needs and assets of the neighborhood identified in paragraph (2), including— (A) a description of the process through which the needs analysis was produced, including a description of how parents, family, and community members were engaged in such analysis; (B) an analysis of community assets, including programs already provided from Federal and non-Federal sources, within, or accessible to, the neighborhood, including, at a minimum— (i) early learning programs, including high-quality child care, Early Head Start programs, Head Start programs, and prekindergarten programs; (ii) the availability of healthy food options and opportunities for physical activity; (iii) existing family and student supports; (iv) locally owned businesses and employers; and (v) institutions of higher education; (C) evidence of successful collaboration within the neighborhood; (D) the steps that the eligible entity is taking, at the time of the application, to address the needs identified in the needs analysis; and (E) any barriers the eligible entity, public agencies, and other community-based organizations have faced in meeting such needs. (5) A description of the data used to identify the pipeline services to be provided, including data regarding— (A) school readiness; (B) academic achievement and college and career readiness; (C) graduation rates; (D) health indicators; (E) rates of enrollment, remediation, persistence, and completion at institutions of higher education, as available; and (F) conditions for learning, including school climate surveys, discipline rates, and student attendance and incident data. (6) A description of the process used to develop the application, including the involvement of family and community members. (7) An estimate of— (A) the number of children, by age, who will be served by each pipeline service; and (B) for each age group, the percentage of children (of such age group), within the neighborhood, who the eligible entity proposes to serve, disaggregated by each service, and the goals for increasing such percentage over time. (8) A description of how the pipeline services will facilitate the coordination of the following activities: (A) Providing high-quality early learning opportunities for children, beginning prenatally and extending through grade 3, by— (i) supporting high-quality early learning opportunities that provide children with access to programs that support the cognitive and developmental skills, including social and emotional skills, needed for success in elementary school; (ii) providing for opportunities, through parenting classes, baby academies, home visits, family and community engagement, or other evidence-based strategies, for families and expectant parents to— (I) acquire the skills to promote early learning, development, and health and safety, including learning about child development and positive discipline strategies (such as through the use of technology and public media programming); (II) learn about the role of families and expectant parents in their child’s education; and (III) become informed about educational opportunities for their children, including differences in quality among early learning opportunities; (iii) ensuring successful transitions between early learning programs and elementary school, including through the establishment of memoranda of understanding between early learning providers and local educational agencies serving young children and families; (iv) ensuring appropriate screening, diagnostic assessments, and referrals for children with disabilities, developmental delays, or other special needs, consistent with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (v) improving the early learning workforce in the community, including through— (I) investments in the recruitment, retention, distribution, and support of high-quality professionals, especially those with certification and experience in child development; (II) the provision of high-quality teacher preparation and professional development; or (III) the use of joint professional development for early learning providers and elementary school teachers and administrators; and (vi) enhancing data systems and data sharing among the eligible entity, partners, early learning providers, schools, and local educational agencies operating in the neighborhood. (B) Supporting, enhancing, operating, or expanding rigorous and comprehensive education reforms designed to significantly improve educational outcomes for children in early learning programs through grade 12, which may include— (i) operating schools or working in close collaboration with local schools to provide high-quality academic programs, curricula, and integrated student supports; (ii) providing expanded learning time, which may include the integration and use of arts education in such learning time; and (iii) providing programs and activities that ensure that students— (I) are prepared for the college admissions, scholarship, and financial aid application processes; and (II) graduate college and career ready. (C) Supporting access to a healthy lifestyle, which may include— (i) the provision of high-quality and nutritious meals; (ii) access to programs that promote physical activity, physical education, and fitness; and (iii) education to promote a healthy lifestyle and positive body image. (D) Providing social, health, and mental health services and supports, including referrals for essential care and preventative screenings, for children, family, and community members, which may include— (i) dental services; (ii) vision care; and (iii) speech, language, and auditory screenings and referrals. (E) Supporting students and family members as the students transition from early learning programs into elementary school, from elementary school to middle school, from middle school to high school, from high school into and through college and into the workforce, including through evidence-based strategies to address challenges that students may face as they transition, such as the following: (i) Early college high schools. (ii) Dual enrollment programs. (iii) Career academies. (iv) Counseling and support services. (v) Dropout prevention and recovery strategies. (vi) Collaboration with the juvenile justice system and reentry counseling for adjudicated youth. (vii) Advanced Placement or International Baccalaureate courses. (viii) Teen parent classrooms. (ix) Graduation and career coaches. (9) A description of the strategies that will be used to provide pipeline services (including a description of the process used to identify such strategies and the outcomes expected and a description of which programs and services will be provided to children, family members, community members, and children not attending schools or programs operated by the eligible entity or its partner providers) to support the purpose of this part. (10) An explanation of the process the eligible entity will use to establish and maintain family and community engagement. (11) An explanation of how the eligible entity will continuously evaluate and improve the continuum of high-quality pipeline services, including— (A) a description of the metrics, consistent with section 4716(a), that will be used to inform each component of the pipeline; and (B) the processes for using data to improve instruction, optimize integrated student supports, provide for continuous program improvement, and hold staff and partner organizations accountable. (12) An identification of the fiscal agent, which may be any entity described in section 4712 (not including paragraph (2) of such section). (13) A list of the non-Federal sources of funding that the eligible entity will secure to comply with the matching funds requirement described in section 4711(d), in addition to other programs from which the eligible entity has already secured funding, including programs funded by the Department or programs of the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, or the Department of Labor. (c) Memorandum of understanding An eligible entity, as part of the application described in this section, shall submit a preliminary memorandum of understanding, signed by each partner entity or agency. The preliminary memorandum of understanding shall describe, at a minimum— (1) each partner’s financial and programmatic commitment with respect to the strategies described in the application, including an identification of the fiscal agent; (2) each partner’s long-term commitment to providing pipeline services that, at a minimum, accounts for the cost of supporting the continuum of supports and services (including a plan for how to support services and activities after grant funds are no longer available) and potential changes in local government; (3) each partner’s mission and the plan that will govern the work that the partners do together; (4) each partner’s long-term commitment to supporting the continuum of supports and services through data collection, monitoring, reporting, and sharing; and (5) each partner’s commitment to ensure sound fiscal management and controls, including evidence of a system of supports and personnel. 4714. Use of funds (a) In general Each eligible entity that receives a grant under this subpart shall use the grant funds to— (1) implement the pipeline services, as described in the application under section 4713; and (2) continuously evaluate the success of the program and improve the program based on data and outcomes. (b) Special rules (1) Funds for pipeline services Each eligible entity that receives a grant under this subpart shall, following the second year of the grant and each subsequent year, including each year of a renewal grant, use not less than 80 percent of grant funds to carry out the activities described in subsection (a)(1). (2) Operational flexibility Each eligible entity that operates a school in a neighborhood served by a grant program under this subpart shall provide such school with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under section 4713. (3) Limitation on use of funds for early childhood education programs Funds under this subpart that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. 4715. Report and publicly available data (a) Report Each eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include— (1) information about the number and percentage of children in the neighborhood who are served by the grant program, including a description of the number and percentage of children accessing each support or service offered as part of the pipeline services; (2) information relating to the performance metrics described in section 4716(a); and (3) other indicators that may be required by the Secretary, in consultation with the Director of the Institute of Education Sciences. (b) Publicly available data Each eligible entity that receives a grant under this subpart shall make publicly available, including through electronic means, the information described in subsection (a). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood, and such information shall be a part of statewide longitudinal data systems. 4716. Performance accountability and evaluation (a) Performance metrics Each eligible entity that receives a grant under this subpart shall collect data on performance indicators of pipeline services and family and student supports and report the results to the Secretary, who shall use the results as a consideration in continuing grants after the third year and in awarding grant renewals. The indicators shall, at a minimum, include the following: (1) Evidence of increasing qualifications for staff in early care and education programs attended by children in the neighborhood. (2) With respect to the children served by the grant— (A) the percentage of children who are ready for kindergarten, as measured by a comprehensive developmental screening instrument; (B) the percentage of school-age children proficient in core academic subjects; (C) evidence of narrowing student achievement gaps among the categories described in section 1111(a)(2)(B)(x); (D) the percentage of children who are reading at grade level by the end of grade 3; (E) the percentage of children who successfully transition from grade 8 to grade 9; (F) for each school year during the grant period, the percentage of students in prekindergarten, elementary school, and secondary school who miss more than 10 percent of school days for any reason, excused or unexcused, and the number and percentage of students who are suspended or expelled for any reason, starting in prekindergarten; (G) the percentage of children who graduate with a high school diploma; (H) the percentage of children who enter postsecondary education and remain after 1 year; (I) the percentage of children who are healthy, as measured by a child-health index that includes cognitive, nutritional, physical, social, mental-health, and emotional domains; (J) the percentage of children who feel safe, as measured by a school climate survey; (K) rates of student mobility and homelessness; (L) opportunities for family members of children to receive education and job training; and (M) the percentage of children who have digital literacy skills and access to broadband internet and a connected computing device at home and at school. (b) Evaluation The Secretary shall evaluate the implementation and impact of the activities funded under this subpart, in accordance with section 9601. 2 Promise school grants 4721. Program authorized (a) In general (1) Program authorized From amounts appropriated to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to implement school-centered, evidence-based strategies and integrated student supports that leverage community partnerships to improve student achievement and child development by carrying out the activities described in section 4724 in schools with high concentrations of low-income children. (2) Sufficient size and scope Each grant awarded under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the purpose of this part. (b) General provisions The requirements of subsections (b), (c), (d), and (e) of section 4711 and section 4714(b) shall apply to a grant under this subpart in the same manner as such subsections apply to a grant under subpart 1, except that the performance metrics used for section 4711(c) shall be the metrics under section 4726(a). 4722. Definition of eligible entity In this subpart, the term eligible entity (1) not less than 1 high-need local educational agency (including a charter school that is a local educational agency) in partnership with 1 or more nonprofit entities or institutions of higher education; or (2) a school funded by the Bureau of Indian Education that falls under the definition of a local educational agency in partnership with 1 or more nonprofit entities or institutions of higher education. 4723. Application requirements; priority (a) In general An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents of application At a minimum, the application described in subsection (a) shall include the following: (1) A description of the local educational agency, schools, and students that will be served by the grant program. (2) A description of the steps that the eligible entity is taking— (A) to meet the needs identified in the analysis described in paragraph (4); and (B) to remove any barriers that the eligible entity has identified in meeting such needs. (3) The designation of a site coordinator, with appropriate qualifications and appropriate time, autonomy, and support to provide— (A) leadership in building relationships and establishing and sustaining partnerships that support school improvement, school turnaround efforts in accordance with section 1116(c), increases in student achievement, positive child development, and parent, family, and community engagement; and (B) effective coordination of student services at all stages of the continuum of high-quality pipeline services. (4) An analysis of the needs and assets of the schools and communities that will be assisted under the grant. Such analysis shall include— (A) student data, including information about— (i) kindergarten readiness, as measured by a comprehensive developmental screening instrument; (ii) academic achievement; (iii) credit accumulation; (iv) grade-to-grade promotion; (v) graduation; (vi) attendance; and (vii) discipline; and (B) information about the assets described in section 4713(b)(4)(B) with respect to such schools and communities. (5) An explanation of how the eligible entity and its program partners will use evidence-based practice, data, research, and partnerships to provide pipeline services that— (A) address the needs identified in paragraph (4); (B) conduct family and community engagement; (C) enable teachers and administrators, including early learning providers, to complement and enrich efforts to help children— (i) achieve learning gains; (ii) prepare for graduation; and (iii) plan for the future, including preparing for college and careers; and (D) coordinate and leverage other programs that serve children, the schools served by the grant, and the neighborhood. (6) An explanation of the extent to which the eligible entity and its program partners will serve or involve children residing in the neighborhood regardless of whether such children attend a school served by the grant, including by carrying out the activities described in section 4713(b)(8). (7) A description of the capacity of the eligible entity for measuring student outcomes and school-specific outcomes. (8) A description of how the strategies supported with funds under this subpart will be— (A) coordinated with other programs and strategies carried out by the local educational agency; and (B) to the greatest extent practicable, coordinated with other agencies, such as agencies that provide reentry services to adjudicated youth. (9) A description of the strategy the eligible entity will use to— (A) conduct family and community engagement; and (B) make schools the centers of their respective communities. (10) A list of the non-Federal sources of funding that the eligible entity will secure to comply with the matching funds requirement pursuant to sections 4711(d) and 4721, in addition to other programs the eligible entity has already secured funding from, including programs funded by the Department, or programs of the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, or the Department of Labor. (c) Memorandum of understanding An eligible entity, as part of the application described in this section, shall submit a preliminary memorandum of understanding that meets the requirements of section 4713(c). (d) Priority In awarding grants under this subpart, the Secretary shall give priority to applicants that— (1) propose to include significant investments, as determined by the Secretary, in high-quality early learning programs, consistent with section 4713(b)(8)(A); and (2) provide schools served by the grant with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under this section. 4724. Use of funds (a) In general Each eligible entity that receives a grant under this subpart shall use the grant funds to— (1) implement the activities described in the application under section 4723; and (2) continuously evaluate the success of the grant program and improve the grant program based on data and outcomes. (b) Special rule (1) Limitation on use of funds for early childhood education programs Funds under this subpart that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. 4725. Report and publicly available data (a) Report Each eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include— (1) information about the number and percentage of children served by the grant program, disaggregated the subgroups described in section 1111(a)(2)(B)(x); (2) information relating to the performance metrics described in section 4726(a); and (3) other indicators that may be required by the Secretary, in consultation with the Director of the Institute of Education Sciences. (b) Publicly available data Each eligible entity that receives a grant under this subpart shall make publicly available, including through electronic means, the information described in subsection (a). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood. 4726. Performance accountability and evaluation (a) Performance metrics Each eligible entity receiving a grant under this subpart shall collect data on performance indicators of pipeline services and family and student supports and report the results to the Secretary, who shall use the results as a consideration in continuing grants after the third year and awarding grant renewals. The indicators shall, at a minimum, include the indicators described in paragraphs (1) and (2) of section 4716(a). (b) Evaluation The Secretary shall evaluate the implementation and impact of the activities funded under this subpart, in accordance with section 9601. 3 General provisions 4731. National activities From the amounts appropriated to carry out this part for a fiscal year, in addition to the amounts that may be reserved in accordance with section 9601, the Secretary may reserve not more than 8 percent for national activities, which may include— (1) research on the activities carried out under subparts 1 and 2; (2) identification and dissemination of best practices, including through support for a community of practice; (3) technical assistance, including assistance relating to family and community engagement and outreach to potential partner organizations; (4) professional development, including development of materials related to professional development; and (5) other activities consistent with the purpose of this part. . 4109. Parent and family information and resource centers Title IV ( 20 U.S.C. 7101 et seq. H Parent and family information and resource centers 4801. Purpose The purpose of this part is to increase and enhance parent and family engagement in education by— (1) providing support and technical assistance to State educational agencies; (2) supporting a community of practice related to effective parent and family engagement strategies and practices; and (3) as appropriate, providing information and training to local educational agencies, schools, parents and families, and community members. 4802. Definition of eligible entity In this part, the term eligible entity (1) a nonprofit organization (including a statewide nonprofit organization); or (2) a consortium consisting of a nonprofit organization (including a statewide nonprofit organization) and a State educational agency or local educational agency. 4803. Grants authorized (a) Parent and family information and resource centers The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable such eligible entities to operate State parent and family information and resource centers that— (1) assist the State educational agency in identifying, implementing, and replicating effective, evidence-based parent, family, and community engagement strategies, including assisting the State educational agency in carrying out parent and family engagement strategies that are funded under section 1118 and other provisions of this Act; (2) provide technical assistance, training, information, and support regarding parent and family engagement, as appropriate (including support in turning around schools), to, at a minimum, high-need schools, schools that are served by high-need local educational agencies, and early care and education providers that primarily serve low-income parents and families; and (3) strengthen partnerships among parents, family members, community-based organizations (including faith-based organizations), early care and education providers, schools, local educational agencies, employers, and other appropriate community members who are committed to improving and enhancing parent, family, and community engagement in order to improve student achievement and support positive child development. (b) Duration Grants awarded under this part shall be for a period of 5 years. (c) Geographic distribution In awarding grants under this part, the Secretary shall ensure that not less than 1 grant is awarded to an eligible entity in each State, except that competitions conducted pursuant to section 4806(b)(2)(B), or for which no eligible entity from a State applies, shall be open to all eligible entities. (d) Priority In awarding grants under this part, the Secretary shall give priority to applications from eligible entities that have a demonstrated record of effectiveness in increasing and enhancing the engagement of parents and families whose children attend a high-need school or a school that is served by a high-need local educational agency. 4804. Applications (a) Submission Each eligible entity that desires a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Assurances Each application submitted under subsection (a) shall include, at a minimum, an assurance that the eligible entity will— (1) (A) be governed by a board of directors, of which not less than 50 percent is comprised of members who are— (i) parents or family members of school-aged children in the State that the eligible entity serves, including educationally and economically disadvantaged parents; and (ii) community stakeholders who are committed to improving schools and increasing parent and family engagement; or (B) be an organization or consortium that represents the interests of parents and family members of school-aged children; (2) use not less than 60 percent of the funds received under this part for each fiscal year to support parent and family engagement in high-need local educational areas; (3) reserve not less than 30 percent of the funds received under this part for each fiscal year to support parent and family engagement of low-income parents and family members whose children attend early childhood education programs; (4) operate a parent and family information and resource center of sufficient size, scope, and quality to effectively carry out the purpose of this part; (5) ensure that parents and family members, including economically disadvantaged parents and family members with children who attend high-need schools or schools that are served by high-need local educational agencies, have access to leadership development training and other evidence-based strategies that provide the skills and resources parents and family members need to support school improvement, increase student achievement, and promote positive student development; and (6) demonstrate to the Secretary that a portion of the services provided by the eligible entity under the grant is supported through non-Federal contributions, which contributions may be in cash or in-kind. (c) Contents In addition to the requirements described in subsection (b), each application submitted under subsection (a) shall, at a minimum— (1) describe how the eligible entity will serve both urban and rural areas throughout the State that is served by the eligible entity; (2) demonstrate the eligible entity’s record of effectiveness in carrying out parent and family engagement activities, including the provision of high-quality technical assistance to State educational agencies and local educational agencies; (3) describe the process through which the eligible entity will— (A) leverage relationships with, and collect and exchange information among, partners; and (B) disseminate information about evidence-based best practices to support parent and family engagement strategies; (4) describe the eligible entity’s strategy for serving parents and family members of children in the area served by the eligible entity, including parents and family members of students who are served by high-need local educational agencies; (5) describe how the eligible entity will assist the State educational agency in effectively supporting high-need local educational agencies in— (A) increasing parent and family member understanding of, and opportunities to develop, the knowledge and skills to engage as full partners in supporting academic achievement, child development, and school improvement; and (B) employing evidence-based strategies to— (i) increase the participation of economically disadvantaged and English learner parents and family members, and low-income parents and family members of children with disabilities, in school activities; and (ii) improve parent and family engagement strategies in low-performing schools served by high-need local educational agencies; and (6) describe how the eligible entity will coordinate its activities with the parent training and information centers assisted under section 671 of the Individuals with Disabilities Education Act; (7) identify the Federal, State, and local services and programs that prepare children to be ready for institutions of higher education and careers with which the eligible entity will coordinate, including— (A) programs supported under this Act; (B) violence prevention programs; (C) programs that serve at-risk or out-of-school youth; (D) nutrition programs; (E) housing programs; (F) Head Start and other early childhood education programs; (G) adult education and literacy activities (as defined in section 203 of the Adult Education and Family Literacy Act); and (H) workforce development programs. 4805. Uses of funds (a) Required activities Each eligible entity that receives a grant under this part shall use such grant funds to provide services to parents, family members, educators, and community members and to assist State educational agencies, local educational agencies, and, where applicable, districtwide parent advisory committees in supporting parent and family engagement in education by carrying out the following activities: (1) Providing technical assistance to State educational agencies in— (A) reviewing and responding to local parent and family engagement plans described in section 1118(a) (including, at a minimum, such plans submitted by high-need local educational agencies) in order to support evidence-based strategies and best practices in parent and family engagement; (B) the implementation of Federal and State laws, regulations, and guidance relating to parent and family engagement; (C) the implementation or replication of statewide, evidence-based programs and strategies, such as professional development for educators related to parent and family engagement, especially that impact parents and family members who are educationally and economically disadvantaged; (D) ensuring that schools and classrooms are welcoming of family and community members; and (E) applicable evaluation, reporting, and accountability processes. (2) Obtaining and disseminating information about the range of options, programs, services, and resources (including curricula) that are available at the national level, the State level, and the local level to assist school and local educational agency personnel in implementing evidence-based parent and family engagement strategies. (3) Coordinating parent and family engagement strategies with relevant Federal, State, and local services and programs. (4) Working with individuals and organizations with expertise in identifying and implementing evidence-based practices to improve parent and family engagement. (5) Coordinating and integrating early care and education programs with school-age programs, especially those programs focusing on supporting the transition of young children into kindergarten through grade 3, such as by increasing awareness of school readiness expectations among family and community members. (6) Implementing parent institutes or other leadership development strategies to ensure that parents and family members have the skills and resources needed to understand student and school data in order to make decisions, effectively communicate with school officials and educators, support school improvement, and increase student achievement. (b) Permissive activities In addition to the activities required under subsection (a), each eligible entity that receives a grant under this part may use such grant funds to carry out the following activities: (1) Developing and disseminating templates for schools and local educational agencies to use to provide information about curricula, academic expectations, academic assessments, and the results of academic assessments to family members in a manner and a language that such family members can understand. (2) Providing training, information, and support to organizations that support partnerships among schools, parents, family members, and districtwide parent advisory committees, as applicable. (3) Providing professional development to, and supporting a community of practice among, school and local educational agency staff (which may be provided jointly to educators and family members) to assist school and agency staff in developing and implementing strategies to increase and strengthen ongoing communication with parents and family members, including professional development opportunities that prepare teachers to have more focused, goal-oriented, and reciprocal parent-teacher conferences. 4806. Administrative provisions (a) Matching funds for grant renewal For each fiscal year after the first fiscal year for which an eligible entity receives assistance under this part, the eligible entity shall demonstrate that a portion of the services provided by the eligible entity is supported through non-Federal contributions, which contributions may be in cash or in-kind. (b) Performance accountability (1) Performance indicators Each eligible entity receiving a grant under this part shall submit to the Secretary an annual report regarding the parent and family information and resource centers assisted under this part. Such report shall be made publicly available, including through electronic means, and shall include, at a minimum, a description of how each parent and family information and resource center has performed with respect to the following indicators: (A) The number of local educational agencies or other entities that received assistance or support in the previous academic year. (B) The number of parents and family members whose children participated in the previous academic year in programs, activities, or strategies supported by the parent and family information and resource center, and— (i) the number of such parents whose children are eligible to be counted under section 1124(c)(1)(A); (ii) the number of such parents whose children are English learners; and (iii) the number of such parents who are parents of children with disabilities. (C) The outcomes directly attributable to the provision of assistance or support provided by the parent and family information and resource center, such as increased parent and family member participation in school planning activities, parent-teacher conferences, or the local educational agency budgeting process. (D) Other evidence-based indicators that the Secretary may reasonably require. (2) Performance goals (A) In general Each eligible entity that is awarded a grant under this part shall establish, in consultation with the Secretary, annual performance goals for each of the indicators described in paragraph (1). Such performance goals shall be made publicly available, including through electronic means. (B) Consequences for poor performance If an eligible entity receiving grant funds under this part does not meet the performance goals established under this paragraph for 2 consecutive years, after the provision of technical assistance in the second consecutive year, the Secretary shall terminate the grant and conduct a new competition for the grant. (C) Loss of eligibility If an eligible entity has received a grant under this part and such grant has been terminated in accordance with subparagraph (B), the eligible entity shall not be eligible to participate in future grant competitions, or receive grant funds, under this part. (3) Technical assistance The Secretary shall provide technical assistance to each eligible entity receiving a grant under this part that does not meet the performance goals established under paragraph (2). (c) Report to congress The Secretary shall prepare and submit an annual report to the authorizing committees, which shall— (1) include the information that each eligible entity submits to the Secretary in accordance with subsection (b)(1); (2) summarize and synthesize the best practices collected by the parent and family information and resource centers for increasing and improving parent, family, and community engagement; and (3) be made available to the public (including through electronic means). (d) Rule of construction Nothing in this part shall be construed to prohibit a parent and family information and resource center from— (1) allowing its employees or agents to meet with family members at a site that is not on school grounds; or (2) working with another public or nonprofit agency that serves children. (e) Parental rights Notwithstanding any other provision of this part— (1) no individual (including a parent who educates a child at home, parent of a public school student, or parent of a private school student) shall be required to participate in any program of parent or family education or developmental screening under this part; and (2) a program or center assisted under this part shall not take any action that infringes in any manner on the right of a parent to direct the education of such parent’s child. . 4110. Programs of national significance The Act ( 20 U.S.C. 6301 et seq. (1) by redesignating subpart 1 of part D of title V as part J of title IV, and transferring such part J so as to follow part I of title IV, as redesignated by section 2101(a) of this Act; (2) in part J of title IV, as redesignated under paragraph (1), by striking the heading and inserting the following: programs of national significance (3) by striking section 5414; (4) by redesignating sections 5411, 5412, and 5413, as sections 4905, 4906, and 4907, respectively; (5) in section 4905, as redesignated under paragraph (4)— (A) in subsection (a)— (i) by striking challenging State academic content and student academic achievement standards college and career ready academic content and student academic achievement standards under section 1111(a)(1) (ii) by inserting nonprofit private (B) by striking subsection (b), and inserting the following: (b) Uses of funds A nonprofit entity receiving a grant under subsection (a) shall use the grant funds to carry out 1 of the following activities: (1) Providing funding for economically disadvantaged students, including students from military families and recent immigrants, and their teachers, to participate in programs based in Washington, DC, that increase civic responsibility and understanding of the Federal Government among young people. (2) Developing, implementing, evaluating, and disseminating innovative, research-based approaches to civic learning, which may include hands-on civic engagement activities, for low-income elementary school and secondary school students that demonstrate innovation, scalability, accountability, and a focus on underserved populations. (3) Supporting a national principal and teacher certification process that provides a framework for measuring and improving teaching and instructional leadership with a focus on educators working in schools that are eligible for funding under part A of title I, including comprehensive rigorous teaching standards, leadership standards, and high-quality metrics designed to reward educator effectiveness and inform and deliver high-quality professional development for all educators. (4) Creating a national teacher corps of outstanding college graduates to teach in underserved communities in order to— (A) increase the supply of effective teachers in low-income communities; and (B) provide and support the retention of teachers for high-need fields. (5) Supporting a national network of providers of high-quality, evidence-based professional development in writing instruction for teachers across all academic subjects and grades. (6) Encouraging parents and caregivers to read aloud to their children by supporting programs through which, during pediatric exams, doctors and nurses train parents and caregivers who may not be skilled readers. (7) Supporting the research and implementation of highly effective, evidence-based strategies, instructional and other wise, and the expansion of programs designed to engage and support students who are recent immigrant and students with interrupted formal education, and families of such students, in order to improve the language acquisition and academic achievement of such students. (8) Researching and promoting the use of instructional technology and strategies across all content areas that will drastically accelerate the language acquisition in English learners and will support English learners as they access rigorous academic content. (9) Preparing young children from low-income families for reading success by the third grade by— (A) distributing inexpensive books; (B) training volunteers to serve at-risk children; (C) developing motivational literacy activities for at-risk children; and (D) providing information on literacy resources, such as those provided by local libraries and other community-based organizations. (10) Supporting model projects and programs that encourage involvement in the performing and visual arts, for— (A) persons with disabilities, by— (i) increasing access to all forms of the arts for all persons, including those living with intellectual, physical, and sensory disabilities; and (ii) fostering a greater awareness of the need for arts programs for individuals with disabilities; and (B) children, youth, and educators. (11) Implementing a coordinated program of scientifically based research, demonstration projects, innovative strategies, and professional development for teachers and other instructional leaders working in high-poverty schools to— (A) enhance the ability of educators to meet the special educational needs of gifted and talented students, including high-ability students who have not been formally identified as gifted; and (B) prioritize students who have been underrepresented in gifted education programs, including students who are economically disadvantaged, of minority backgrounds, English learners, students with disabilities, and students in rural communities. (12) Supporting the research and implementation of highly effective, evidence-based strategies and the expansion of programs designed to engage and support students who experience homelessness, or are at risk of homelessness, and families of such students, in order to improve social and emotional well-being, health outcomes, and academic achievement of such students. (13) Providing social, emotional, and academic support to students from military families, and families of such students, by— (A) developing, implementing, evaluating, and disseminating innovative, research-based approaches to providing early intervening services that mitigate the effect of deployment of family members; (B) providing training to teachers and volunteers on the unique needs of such students; and (C) supporting model projects and programs for tutoring and counseling. (14) Developing, implementing, evaluating, and disseminating innovative, research-based approaches to teaching financial literacy, which may include curriculum and hands-on activities, for low-income elementary school and secondary school students that demonstrate innovation, scalability, accountability, and a focus on underserved populations. (15) Promoting gender equity in education by supporting educational agencies and institutions in meeting the requirements of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). (16) Other high-quality, nationally significant programs that meet the purposes of this Act. ; (6) in section 4906(c), as redesignated under paragraph (4), by striking and in recognizing States, local educational agencies, and schools under section 5411(b)(3), only if funds are used for such recognition programs (7) in section 4907, as redesignated under paragraph (4)— (A) in subsection (a)(1), by striking 5412 4906 (B) by striking subsection (d); and (8) in each of sections 4905, 4906, and 4907, as redesignated under paragraph (4), by striking subpart part 4111. Competency-based assessment and accountability demonstration authority Title IV ( 20 U.S.C. 7101 et seq. K Competency-based assessment and accountability demonstration authority 4909. Competency-based assessment and accountability demonstration (a) Definitions In this part: (1) College and career ready standards The term college and career ready standards (2) Competency The term competency (A) applied within or across content domains; and (B) aligned with college and career ready standards. (3) Core indicators The term core indicators (A) State academic assessments that meet the requirements of section 1111(a)(2)(B) and that provide data that can be compared with data regarding the State academic assessments required under section 1111(a)(2); and (B) State graduation rates. (4) Eligible entity The term eligible entity (5) Mastery The term mastery (6) Performance assessment The term performance assessment (A) includes complex activities with clear criteria, expectations, and processes that enable students to interact with meaningful content; and (B) measures the depth at which students learn content and apply complex skills to create or refine an original product or solution. (7) Universal design The term universal design (b) Demonstration authority (1) In general The Secretary may provide eligible entities, in accordance with paragraph (3), with the authority to incorporate competency-based accountability into the State accountability system required under section 1111(a)(3) in accordance with an application approved under subsection (c). (2) Demonstration period Each award of demonstration authority under this part shall be for a period of 3 years. (3) Initial demonstration authority; expansion; renewal (A) Initial limit During the initial 3-year period of demonstration authority under this section, the Secretary may not provide more than 3 eligible entities with the authority described in paragraph (1). (B) Expansion of demonstration authority After the end of the initial demonstration period described in subparagraph (A), the Secretary may provide additional eligible entities with demonstration authority described in paragraph (1), subject to each of the requirements of this part as applicable, if the Secretary determines that the demonstration authority provided under this part during the initial demonstration period has effectively supported student progress on core indicators among students served by the eligible entities, including subgroups of students described in section 1111(a)(3)(D). (C) Renewal requirements The Secretary may renew an award of demonstration authority under this part for additional 2-year periods if the eligible entity demonstrates progress on core indicators. (c) Applications To be eligible to participate in the demonstration under this part, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, that describes the competency-based accountability system that will be used by the eligible entity, including— (1) an assurance that the competency-based accountability system will only utilize summative assessments for accountability purposes that— (A) are determined by the Secretary to provide comparable data across the eligible entity, demonstrate inter-rater reliability, and meet the requirements for assessments described in section 1111(a)(2)(B); (B) have been field-tested; (C) are aligned to college and career ready standards and State-approved competencies; (D) have been developed in collaboration with stakeholders representing the interests of students with disabilities, English learners, and civil rights organizations in the State, as demonstrated through modifications made to the assessments resulting from such collaboration; and (E) incorporate the principles of universal design; (2) how the competency-based accountability system will— (A) incorporate a system of formative, interim, and summative assessments, including the use of performance assessments and other sources of evidence of student learning that determine mastery of State-approved competencies aligned to college and career ready standards and competencies; (B) allow students to demonstrate progress toward mastery of such standards and State-approved competencies; (C) assess mastery of State-approved competencies when students are ready to demonstrate mastery of such standards and competencies; (D) provide students with multiple opportunities to demonstrate mastery of such standards and competencies; (E) ensure that summative assessments comply with the requirements for academic assessments, as described in section 1111(a)(2)(B), while engaging and supporting teachers in scoring assessments, including the use of high quality professional development, standardized and calibrated scoring rubrics, and other strategies to ensure inter-rater reliability and comparability of determinations of mastery across the State; (F) provide educators, students, and parents with real-time data to inform instructional practice and continuously improve student performance; (G) be used in conjunction with the accountability requirements described in section 1111(a)(3) and section 1116 to improve the academic outcomes of focus schools identified under section 1116(c), priority schools identified under section 1116(d), and all other schools that fail to meet the school performance targets, established in accordance with section 1111(a)(3)(C), for any subgroup described in section 1111(a)(3)(D); (H) require not less than 1 year of academic growth within a school year for each student and assure instructional support and targeted intervention are in place for those students performing below their peers; and (I) only utilize a student's individualized education program, as defined in section 602 of the Individuals with Disabilities Education Act, for purposes specifically allowed under such Act; (3) the eligible entity’s plan to— (A) ensure that all students, including each student subgroup described in section 1111(a)(3)(D)— (i) are held to the same high standard; (ii) demonstrate annually, at a minimum, at least 1 year of academic growth consistent with the requirement in section 1111(a)(3)(B); and (iii) receive the instructional support needed to attain mastery of college and career ready standards and State-approved competencies; (B) train local educational agency and school staff to implement the assessments described in paragraph (2)(A); (C) acclimate students to the new assessment and accountability systems; and (D) ensure that each local educational agency has the technological infrastructure to operate the competency-based accountability system described in this section; and (4) a description of how instruction and professional development will be enhanced within the competency-based system to personalize the educational experience for each student to ensure all students graduate college and career ready, as determined in accordance with State academic achievement standards under section 1111(a)(1). (d) Peer review The Secretary shall— (1) implement a peer review process, which shall include a review team comprised of practitioners and experts who are knowledgeable about competency-based learning systems, to inform the awarding of the demonstration authority under this part; and (2) make publicly available the applications submitted under subsection (c) and the peer comments and recommendations on such applications. (e) Demonstration authority withdrawn The Secretary may withdraw the demonstration authority provided to an eligible entity under this part if— (1) at any point after the first 2 years of the 3-year demonstration period described in subsection (b)(2), the Secretary determines that student performance for all students served by the eligible entity or any student subgroup described under section 1111(a)(3)(D) has declined on core indicators; or (2) after providing a State with a renewal of demonstration authority under subsection (b)(3), the Secretary makes a determination that student performance has declined on core indicators for 2 consecutive years during the State's participation in the demonstration under this part. (f) Dissemination of best practices The Secretary shall disseminate best practices on the implementation of competency-based accountability systems, including on— (1) the effective use of formative, interim, and summative assessments to inform instruction; (2) the development of summative assessments that meet the requirements of section 1111(a)(2)(B), can be compared with the State assessments required under section 1111(a)(2), and include assessment tasks that determine mastery of State-approved competencies aligned to college and career ready standards; and (3) the development of standardized and calibrated scoring rubrics, and other strategies to ensure inter-rater reliability and comparability of determinations of mastery across the State. . V Promoting innovation 5001. Promoting innovation Title V (20 U.S.C. 7201 et seq.) is amended by striking the title heading and inserting the following: V Promoting Innovation . A Race to the Top 5101. Race to the Top Part A of title V (20 U.S.C. 7201 et seq.) is amended to read as follows: A Race to the Top 5101. Purposes The purposes of this part are to provide incentives for States and high-need local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to— (1) significant improvements in outcomes for all students, including improvements in student readiness, student academic achievement, high school graduation rates, and rates of student enrollment, persistence, and completion in institutions of higher education; and (2) significant reductions in achievement gaps between the groups of students described in section 1111(a)(2)(B)(x). 5102. Reservation of funds From amounts made available to carry out this part for a fiscal year, the Secretary may reserve not more than 5 percent to carry out activities in accordance with this part related to technical assistance, evaluation, outreach, and dissemination. 5103. Race to the Top program (a) Program authorized (1) In general For each fiscal year for which funds are appropriated under this part and from such funds that are not reserved under section 5102, the Secretary shall, in accordance with paragraph (2), determine the educational goals that are the greatest priority for the United States and award grants, through a grant competition, to eligible entities to enable such eligible entities to carry out comprehensive reforms and innovative strategies in furtherance of such goals. (2) Selection of goals and categories of entities (A) In general The Secretary shall determine the priorities for grants awarded through a grant competition under this part by selecting in advance of the application period— (i) 1 or more categories of entities described in paragraph (3) that may apply for and receive the grants through such grant competition; and (ii) 1 or more goals described in paragraph (4) to be supported under the grants. (B) Announcement The Secretary shall ensure that information regarding the selections of goals and categories of entities for the grants under this part for an upcoming grant competition is made widely available to eligible entities and that the eligible entities will have sufficient time to prepare a grant application based on the Secretary's decisions for the upcoming grant competition. (3) Eligible entities The categories of entities that may be selected for grants under this part are the following: (A) A State. (B) A high-need local educational agency. (C) A consortium of States. (D) A consortium of high-need local educational agencies. (4) Educational goals The goals that the Secretary shall select to support through grants under this part are 1 or more of the following: (A) Increasing the access of children from low-income families to highly rated teachers and school leaders, including by— (i) developing and implementing a professional growth and improvement system; (ii) improving the effectiveness of teachers (including early childhood education educators) and school leaders, including through high-quality preparation, recruitment, professional development, evaluation, and other personnel policies; and (iii) ensuring that all teachers are prepared to effectively serve the needs of students who are children with disabilities or English learners, particularly through the general education curriculum. (B) Strengthening the availability and use of high-quality and timely data to improve instructional practices, policies, and student outcomes. (C) Implementing— (i) elementary and secondary school academic standards that prepare students to be college and career ready, in accordance with section 1111(a)(1); and (ii) strategies that translate such standards into classroom practice, including in the areas of assessment, instructional materials, and professional development. (D) Turning around the schools served by the eligible entity that are identified through a State's accountability and improvement system under subsection (c) or (d) of section 1116. (E) Creating successful conditions for the creation, expansion, and replication of high-performing public charter schools and the creation of new, innovative, and highly autonomous public schools that will enroll a large percentage of students from low-income families. (F) Providing more equitable State and local resources to high-poverty schools. (G) Improving school readiness by— (i) increasing the number and percentage of children from low-income families, in each age group of infants, toddlers, and preschoolers, who are enrolled in high-quality early childhood education programs; and (ii) designing and implementing an integrated system of high-quality early childhood education programs and services that strengthens the coordination and collaboration among Federal, State, and local early childhood education programs. (b) Duration of grants (1) In general Each grant awarded under this part shall be for a period of not more than 4 years. (2) Requirements for additional funding Before receiving funding under any grant under this part for the second or any subsequent year of the grant, the eligible entity receiving the grant shall demonstrate to the Secretary that the eligible entity is— (A) making progress in implementing the plan under section 5104(a)(3) at a rate that the Secretary determines will result in full implementation of the plan during the remainder of the grant period; and (B) making progress, as measured by the annual performance measures and targets established by the eligible entity under section 5105, at a rate that the Secretary determines will result in reaching the targets and achieving the objectives of the grant, during the remainder of the grant period. (c) Interagency Agreement The Secretary shall establish an interagency agreement with the Secretary of Health and Human Services to jointly administer any grant competition for the goal of improving early childhood education, as described in subsection (a)(4)(G), and any grants issued under such grant competition. 5104. Application process (a) In general Each eligible entity that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include the following: (1) Documentation of the eligible entity’s record, as applicable, in the areas to be measured by the performance measures identified by the Secretary under section 5105(2). (2) Evidence of conditions of innovation and reform that the eligible entity has established and the eligible entity's plan for implementing additional conditions for innovation and reform, including— (A) a description of how the eligible entity has identified and eliminated ineffective practices in the past, and its plan for doing so in the future; (B) a description of how the eligible entity has identified and promoted effective practices in the past, and its plan for doing so in the future; and (C) steps the eligible entity has taken and will take to eliminate statutory, regulatory, procedural, or other barriers to facilitate the full implementation of its proposed plan under paragraph (3). (3) A comprehensive and coherent plan for using funds under this part, and other Federal, State, and local funds, to improve the eligible entity's performance on the performance measures identified under section 5105(2), including how the applicant will implement reforms and innovative strategies to achieve the goals selected by the Secretary under section 5103(a)(2). (4) In the case of an eligible entity that is described in subparagraph (A) or (C) of section 5103(a)(3), evidence of collaboration among the eligible entity, local educational agencies in the State (including the local educational agencies participating in carrying out the plan under paragraph (3)), schools that are expected to benefit from the activities under the plan, parents, teachers, and other stakeholders, in developing and implementing the plan, including evidence of the commitment and capacity to implement such plan. (5) In the case of an eligible entity described in subparagraph (B) or (D) of section 5103(a)(3), evidence of the eligible entity's collaboration with its school leaders, teachers, parents, and other stakeholders in developing the plan under paragraph (3), including evidence of the commitment and capacity to implement that plan. (6) The eligible entity’s annual performance measures and targets, in accordance with the requirements of section 5105. (b) Criteria for evaluating applications (1) In general The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted by eligible entities. (2) Publication of explanation The Secretary shall publish an explanation of how the application review process will ensure an equitable, transparent, and objective evaluation. (c) Priority In awarding grants under this part, the Secretary shall— (1) give priority to any eligible entity described in subparagraph (B) or (D) of section 5103(a)(3) that serves a school designated with a school locale code of 33, 41, 42, or 43, as determined by the Secretary; and (2) for any grant competition under this part for the goal of improving early childhood education, as described in section 5103(a)(4)(G), give priority to any eligible entity that provides a full-day kindergarten program to all kindergarten students, or to all kindergarten students from low-income families, served by the eligible entity. 5105. Performance measures Each eligible entity receiving a grant under this part shall establish, subject to approval by the Secretary, annual performance measures and targets for the programs and activities carried out under this part. Such performance measures and targets shall, at a minimum, track the eligible entity's progress in— (1) implementing the plan described in section 5104(a)(3); and (2) making progress on any other performance measure identified by the Secretary. 5106. Uses of funds (a) Use of State grant funds (1) In general Each eligible entity described in subparagraph (A) or (C) of section 5103(a)(3) that receives a grant under this part shall— (A) except as provided in paragraph (3), use not less than 50 percent of the grant funds to award subgrants under paragraph (2) to the local educational agencies that will participate in the plan for any purpose included in the eligible entity's plan described in section 5104(a)(3); and (B) use any amount of the grant not distributed under subparagraph (A) for any purpose included in the eligible entity's plan. (2) Amount of subgrants For a fiscal year, the amount of a subgrant under paragraph (1)(A) for a local educational agency that will participate in the eligible entity's plan shall bear the same relation to the amount available for all such subgrants by the eligible entity for such year, as the amount made available to the local educational agency under part A of title I for the most recent year for which such data are available bears to the total amount made available for such year to all local educational agencies selected to participate in the eligible entity's plan. (3) Exception An eligible entity described in subparagraph (A) or (C) of section 5103(a)(3) that receives a grant under this part for the goal of improving early childhood education, as described in section 5103(a)(4)(G)— (A) shall not be subject to the requirements of paragraph (1)(A); and (B) may use grant funds to award subgrants to public or private nonprofit agencies and organizations for activities consistent with any purpose included in the eligible entity's plan described in section 5104(a)(3). (b) Use of subgrant funds Each local educational agency or public or private nonprofit agency or organization that receives a subgrant under paragraph (1)(A) or (3)(B) of subsection (a) from an eligible entity shall use subgrant funds for any purpose included in the eligible entity's plan described in section 5104(a)(3), subject to any requirements of the eligible entity. (c) Use of high-Need local educational agency grant funds Each eligible entity described in subparagraph (B) or (D) of section 5103(a)(3) that receives a grant under this part shall use such funds for any purpose included in the eligible entity's plan described in section 5104(a)(3). (d) Special rule (1) Limitation on use of Funds Notwithstanding any other provision of this section, grant or subgrant funds under this part shall only be used to fund a program or activity that is an allowable use of funds under another section of this Act (excluding this part and section 8007, as amended by section 8004 of the Strengthening America’s Schools Act of 2013 (2) Limitation of Use of Funds for Early Childhood Education Programs Grant or subgrant funds under this part that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. 5107. Reporting (a) Annual report An eligible entity that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report including, at a minimum— (1) data on the eligible entity’s progress in achieving the targets for the annual performance measures and targets established under section 5105; and (2) a description of the challenges the eligible entity has faced in implementing its program under this part, and how the eligible entity has addressed, or plans to address, such challenges. (b) Local report Each local educational agency and each public or private nonprofit agency or organization that receives a subgrant from an eligible entity under section 5106(a) shall submit to the eligible entity such information as the eligible entity may require to complete the annual report required by subsection (a). . B Investing in innovation 5201. Investing in innovation Part B of title V ( 20 U.S.C. 7221 et seq. B Investing in innovation 5201. Purposes The purposes of this part are to— (1) fund the identification, development, evaluation, and expansion of innovative, research- and evidence-based practices, programs, and strategies in order to significantly— (A) increase student academic achievement and close achievement gaps; (B) increase high school graduation rates; (C) increase college enrollment readiness and rates of college enrollment; (D) improve teacher and school leader effectiveness; and (E) improve school readiness and strengthen collaboration and coordination among elementary schools and early childhood care and education; and (2) support the rapid development, expansion, adoption, and implementation of tools and resources that improve the efficiency, effectiveness, or pace of adoption of such educational practices, programs, and strategies. 5202. Reservations (a) ARPA-ED The Secretary may reserve not more than 30 percent of the funds appropriated under section 3(u) for each fiscal year to carry out the activities of the Advanced Research Projects Agency-Education established under section 221 of the Department of Education Organization Act, except that the amount so reserved for any fiscal year shall not exceed $100,000,000. (b) National activities The Secretary may reserve not more than 5 percent of the funds appropriated under section 3(u) for any fiscal year to carry out activities of national significance. Such activities may include— (1) capacity-building; (2) technical assistance; (3) dissemination of best practices developed with grant funds provided under this part; and (4) carrying out prize awards consistent with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 (c) Availability of funds Funds for the activities described in subsection (a), and for prize awards under subsection (b)(4), shall be available until expended. 5203. Program authorized; length of grants; priorities (a) Program authorization (1) In general From amounts made available to carry out this part and not reserved under section 5202 for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities. (2) Eligible entity In this part, the term eligible entity (A) a local educational agency or a consortium of local educational agencies; or (B) a partnership between a nonprofit organization or an educational service agency and— (i) 1 or more local educational agencies; or (ii) a consortium of public schools. (b) Duration of grants The Secretary— (1) shall award grants under this part for a period of not more than 3 years; and (2) may extend such grants for an additional 2-year period if the grantee demonstrates to the Secretary that it is making significant progress on the program performance measures identified in section 5206. (c) Rural set-Aside The Secretary shall ensure that not less than 22 percent of the funds awarded under subsection (a) for any fiscal year are for projects that meet both of the following requirements, except that the Secretary shall not be required to make such awards unless a sufficient number of otherwise eligible high quality applications are received: (1) The eligible entity includes— (A) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; (B) a consortium of such local educational agencies; or (C) if the applicant is a partnership, an educational service agency or a nonprofit organization with demonstrated expertise in serving students from rural areas. (2) A majority of the schools to be served by the project are designated with a school locale code of 41, 42, or 43, or a combination of such codes, as determined by the Secretary, and— (A) are served by a local educational agency in which 20 percent or more of the children ages 5 through 17 years old are from families with incomes below the poverty line; (B) are served by a local educational agency in which the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or (C) are served by a local educational agency located in a county that has a total population density of fewer than 10 persons per square mile. (d) Priorities In awarding grants under this part, the Secretary shall give priority to an eligible entity that includes, in its application under section 5204, a plan to— (1) address the needs of high-need local educational agencies; (2) improve school readiness; or (3) address the unique learning needs of students who are children with disabilities or English learners. (e) Standards of evidence The Secretary shall set standards for the quality of evidence that an applicant shall provide in order to demonstrate that the activities it proposes to carry out with funds under this part are likely to succeed in improving student outcomes, including, where applicable, academic achievement and graduation rates. These standards shall include the following: (1) Strong evidence that the activities proposed by the applicant will have a statistically significant effect on student outcomes. (2) Moderate evidence that the activities proposed by the applicant will improve outcomes. (3) A rationale based on research findings or a reasonable hypothesis that the activities proposed by the applicant will improve student outcomes. (f) Support for new practices, strategies, or programs (1) In general The Secretary shall ensure that not less than one-half of the funds awarded under subsection (a) for any fiscal year are for projects that— (A) meet an evidence standard described in paragraph (2) or (3) of subsection (e); and (B) do not meet the evidence standard described in paragraph (1) of such subsection. (2) Exception The Secretary shall not be required to make the awards described in paragraph (1) unless a sufficient number of otherwise eligible high-quality applications are received. 5204. Applications Each eligible entity that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each application shall— (1) describe the project for which the applicant is seeking a grant and how the evidence supporting that project meets the standards of evidence established by the Secretary under section 5203(e); (2) describe how the applicant will address at least 1 of the areas described in section 5205(a)(1); (3) provide an estimate of the number of children that the applicant plans to serve under the proposed project, including the percentage of those children who are from low-income families; (4) demonstrate that the applicant has established 1 or more partnerships with public or private organizations and that the partner or partners will provide matching funds, except that the Secretary may waive the matching funds requirement on a case-by-case basis, upon a showing of exceptional circumstances; (5) describe the applicant’s plan for continuing the proposed project after funding under this part ends; (6) if the applicant is a local educational agency— (A) document the local educational agency’s record during the previous 3 years in— (i) increasing student achievement, including achievement for each subgroup of students described in section 1111(a)(2)(B)(x); and (ii) closing achievement gaps; and (B) demonstrate how the local educational agency has made significant improvements in other outcomes, as applicable, on the performance measures described in section 5206; (7) if the applicant is a partnership that includes a nonprofit organization or educational service agency, provide evidence that the nonprofit organization or educational service agency has helped at least 1 school or local educational agency, during the previous 3 years, significantly— (A) increase student achievement, including achievement for each subgroup of students described in section 1111(a)(2)(B)(x); and (B) close achievement gaps; (8) provide a description of the applicant’s plan for independently evaluating the effectiveness of activities carried out with funds under this part; (9) provide an assurance that the applicant will— (A) cooperate with evaluations, as requested by the Secretary; (B) make data available to third parties for validation and further study; and (C) participate in communities of practice; and (10) if the applicant is a partnership that includes a nonprofit organization or educational service agency that intends to make subgrants, consistent with section 5205(b), provide an assurance that the applicant will apply paragraphs (1) through (9), as appropriate, in its selection of subgrantees and in its oversight of those subgrants. 5205. Uses of funds (a) Uses of funds (1) Mandatory uses Each eligible entity that receives a grant under this part shall carry out the following: (A) Use the grant funds to carry out, at a minimum, 1 of the following activities: (i) Improving the effectiveness of teachers and school leaders and increasing equity in the distribution of effective teachers and school leaders. (ii) Strengthening the use of data to improve teaching and learning. (iii) Providing high-quality instruction based on college and career ready standards and measuring students’ mastery of standards using high-quality assessments aligned with those standards. (iv) Turning around the lowest-performing schools. (v) Improving school readiness for students who are low-income, English learners, or children with disabilities. (vi) Other areas relating to school improvement consistent with the purposes of this part, as determined by the Secretary. (B) Use the grant funds to develop or expand strategies to improve the performance of high-need students on the applicable performance measures described in section 5206. (2) Permissive use of funds Each eligible entity that receives a grant under this part may use the grant funds for an independent evaluation, as required under section 5204(a)(8), of the innovative practice carried out with the grant. (b) Authority To subgrant (1) In general If an eligible entity that receives a grant under this part includes a nonprofit organization or educational service agency, such nonprofit organization or educational service agency may use the grant funds to award subgrants to other entities to provide support to 1 or more schools or local educational agencies. (2) Compliance with requirements of grantees Each entity awarded a subgrant under paragraph (1) shall comply with the requirements of this part relating to grantees, as appropriate. 5206. Performance measures The Secretary shall establish performance measures for the programs and activities carried out under this part. These measures, at a minimum, shall track the grantee’s progress in improving outcomes for each subgroup of students described in section 1111(a)(2)(B)(x) that is served by the grantee, including, as applicable, by— (1) increasing student achievement and decreasing achievement gaps; (2) increasing high school graduation rates; (3) increasing college readiness and rates of college enrollment; (4) improving teacher and school leader effectiveness; (5) improving school readiness; and (6) any other indicator as the Secretary or grantee may determine. 5207. Reporting An eligible entity that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes, among other things, information on the entity's progress on the performance measures established under section 5206, and the data supporting that progress. . C Magnet schools assistance 5301. Findings and purpose Section 5301 (20 U.S.C. 7231) is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) The use of magnet schools has increased dramatically since the inception of the magnet schools assistance program under this Act, with more than 1,500,000 students nationwide attending such schools. ; and (B) in paragraph (4), by striking subparagraph (B) and inserting the following: (B) to ensure that all students have equitable access to a high-quality public education that will prepare them to succeed in a highly competitive economy comprised of people from many different racial and ethnic backgrounds; and ; and (2) in subsection (b)— (A) in paragraph (2)— (i) by inserting , particularly whole-school programs, magnet school programs (ii) by striking challenging State academic content standards and student academic achievement standards college and career ready State academic content standards and student academic achievement standards under section 1111(a)(1) (B) by striking paragraphs (3) and (4) and inserting the following: (3) the development and design of evidence-based educational methods and practices that promote diversity and increase high-quality public educational options; (4) courses of instruction within magnet schools that will substantially increase the college and career readiness of students attending such schools; . 5302. Program authorized Section 5303 (20 U.S.C. 7231b) is amended, in the matter preceding paragraph (1), by inserting competitive to award 5303. Applications and requirements Section 5305 ( 20 U.S.C. 7231d (1) by striking subsection (b) and inserting the following: (b) Information and assurances Each application submitted under subsection (a) shall include— (1) a description of— (A) how a grant awarded under this part will be used to— (i) improve student academic achievement for all students and subgroups of students described in section 1111(a)(2)(B)(x) attending the magnet school program; and (ii) promote desegregation, including how the proposed magnet school program will increase interaction among students of different social, economic, ethnic, and racial backgrounds, including the policies, programs, and activities aimed at increasing interaction among such students; (B) (i) a description of the evidence that the magnet school program that the applicant proposes to implement would improve student academic achievement and reduce minority group isolation; or (ii) if such evidence is not available, a rationale, based on current research findings, for how the program would improve student academic achievement and reduce minority group isolation; (C) how the applicant will continue the magnet school program after assistance under this part is no longer available, and, if applicable, an explanation of why magnet schools established or supported by the applicant with grant funds under this part cannot be continued without the use of grant funds under this part; (D) how grant funds under this part will be used— (i) to improve student academic achievement for all students attending the magnet school programs; and (ii) to implement services and activities that are consistent with other programs under this Act, and other Acts, as appropriate; (E) the student application process, and selection criteria, if any, to be used by the proposed magnet school program; (F) how the applicant will conduct outreach and disseminate information about the proposed magnet school program, including the application and selection process, in a timely, clear, and accessible manner to all students and their parents and families and, to the extent practicable, in a language they can understand; and (G) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on student academic achievement and integration; and (2) assurances that the applicant will— (A) use grant funds under this part for the purpose specified in section 5301(b); (B) employ highly rated school leaders and teachers in the courses of instruction assisted under this part; (C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in— (i) the hiring, promotion, or assignment of employees of the applicant or other personnel for whom the applicant has any administrative responsibility; (ii) the assignment of students to schools, or to courses of instruction within the schools, of such applicant, except to carry out the approved plan; and (iii) designing or operating extracurricular activities for students; (D) carry out a high-quality education program that will result in greater parent and family decisionmaking and engagement; and (E) give students residing in the local attendance area of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students. ; and (2) in subsection (c), by striking will be met are being met 5304. Priority Section 5306 ( 20 U.S.C. 7231e (1) have the highest quality applications and demonstrate the greatest need for assistance, based on the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought; (2) propose to carry out new magnet school programs, significantly revise existing magnet school programs, or significantly expand magnet school programs, in a manner that— (A) is aligned with other programs that have demonstrated a record of success in increasing student academic achievement and reducing minority group isolation; or (B) has a strong research basis for improving student academic achievement and reducing minority group isolation; (3) select, or propose to select, students to attend magnet school programs solely or primarily by lottery, rather than through academic examination or other selective enrollment methods; and (4) propose to serve the entire student population of a school. . 5305. Use of funds Section 5307 (20 U.S.C. 7231f) is amended— (1) in subsection (a), by striking paragraphs (1) through (7) and inserting the following: (1) for planning, outreach, and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools; (2) for the acquisition of books, educational technology, materials, and equipment necessary to conduct programs in magnet schools; (3) for— (A) the compensation, or subsidization of the compensation, of elementary school and secondary school teachers, leaders, and other instructional staff who are highly rated; and (B) high-quality professional development and staff capacity-building activities, including those designed to recruit, prepare, support, and retain highly rated school teachers, leaders, and other instructional staff; (4) with respect to a magnet school program offered to less than the entire student population of a school, for instructional activities that are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program; (5) for activities, which may include the formation of partnerships with public or nonprofit organizations, to help enhance the program or promote parent and family decisionmaking and engagement that will build the recipient's capacity to operate magnet school programs once the grant period has ended; (6) to enable the local educational agency, or consortium of such agencies, to have more flexibility in designing magnet schools for students in all grades; and (7) for other operational costs that cannot be met with other State or local sources. ; and (2) in subsection (b), by striking based on the State's challenging academic content standards and student academic achievement standards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological, and professional skills and making sufficient academic growth 5306. Limitations Section 5309 ( 20 U.S.C. 7231h (1) in subsection (a), by striking a period that shall not exceed 3 fiscal years an initial period of not more than 3 fiscal years, and may be renewed for not more than an additional 2 years if the Secretary finds that the grantee is achieving the intended outcomes of the grant and shows improvement in increasing student academic achievement and reducing minority-group isolation, and other indicators of success established by the Secretary (2) in subsection (b)— (A) by striking 50 40 (B) by striking 15 10 5307. Evaluations Section 5310 ( 20 U.S.C. 7231i 5310. Evaluations (a) Impact of activities From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601, including— (1) how, and the extent to which, magnet school programs lead to educational quality and improvement; (2) the extent to which magnet school programs enhance student access to a high quality education; (3) the extent to which magnet school programs lead to the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students; and (4) the extent to which magnet school programs differ from other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs. (b) Dissemination The Secretary shall collect and disseminate to the general public information on successful magnet school programs. . 5308. Availability of funds for grants to agencies not previously assisted Section 5311 ( 20 U.S.C. 7231j 5311. Availability of funds for grants to agencies not previously assisted For any fiscal year for which the amount appropriated pursuant to section 3(v) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this part for the preceding fiscal year. . D Public charter schools 5401. Public charter schools Part D of title V ( 20 U.S.C. 7241 et seq. D Public charter schools 5401. Purpose The purpose of this part is to support the creation, expansion, and replication of high-performing charter schools that serve the needs and increase the academic achievement of all students. 5402. Distribution of funds From the funds appropriated to carry out this part for a fiscal year— (1) 85 percent shall be available to carry out subpart 1; and (2) 15 percent shall be available to carry out subpart 2. 1 Successful charter schools program 5411. Definitions In this subpart: (1) Charter School The term charter school (A) is governed by a separate and independent board that exercises authority over 1 or more schools, including authority in the areas of governance, personnel, budget, schedule, and instructional program; (B) has ongoing, significant autonomy in the areas of— (i) the hiring, replacement, and salaries of the school staff; (ii) the school budget; (iii) scheduling formats for the school day and school year; (iv) the instructional programs of the school, including instructional models and curricula; and (v) the management and daily operation of the school; (C) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements of this paragraph; (D) is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction; (E) operates in pursuit of a specific set of educational objectives determined by the school’s developer and agreed to by the charter school authorizer; (F) provides 1 or more programs of elementary education, secondary education, or both, including early childhood education, and may also provide adult education, in accordance with State law; (G) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution; (H) does not charge tuition; (I) complies with the Age Discrimination Act of 1975, title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act of 1990, and part B of the Individuals with Disabilities Education Act; (J) is a school to which parents choose to send their children, and that admits students on the basis of a lottery if more students apply for admission than can be accommodated, except as modified by the Secretary by regulation in accordance with clause (iv) or (v) of section 1116(d)(4)(B); (K) complies with the same Federal and State audit requirements as do other elementary schools, secondary schools, and early childhood education and adult education programs, as applicable, in the State, unless such requirements are specifically waived for the purpose of this program; (L) meets all applicable Federal, State, and local health and safety requirements; (M) operates in accordance with State law; and (N) has a written performance contract with a charter school authorizer that includes— (i) a description of how student performance will be measured on the basis of— (I) State assessments that are required of other public schools; and (II) any other assessments that are mutually agreeable to the charter school authorizer and the charter school; (ii) a requirement that student academic achievement and growth, consistent with section 1111, for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D) will be used as a primary factor in decisions about the renewal or revocation of the charter, in addition to other criteria, as appropriate; (iii) the student academic achievement and growth, consistent with section 1111, and student retention goals, and, in the case of a high school, graduation rate goals for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D), and any other goals to be achieved by the end of the contract period; (iv) the obligations and responsibilities of the charter school and the charter school authorizer; and (v) a description of the autonomy that will be granted to the charter school in each area described under subparagraph (B). (2) Charter School Authorizer The term charter school authorizer (3) Developer The term developer (A) has applied for, or been granted, a charter for a charter school; or (B) has received authorization to start a charter school. (4) Eligible Entity The term eligible entity (A) a State educational agency; (B) a local educational agency, except a charter school that is considered a local educational agency under State law; (C) a charter school authorizer; or (D) a charter management organization. (5) Expand The term expand (6) High-performing charter school The term high-performing charter school (A) in the case of a charter school that was not open or did not enroll students in the preceding school year, a charter school that has a written performance contract with a charter school authorizer that includes, for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D) for the most recent year for which such data are available— (i) student academic achievement and growth goals (as measured, in the case of a charter school that is an elementary school or secondary school, by performance on the statewide academic assessments required under section 1111(a)(2) and individual academic growth, consistent with section 1111(a)) that are higher than the average student academic achievement and growth results, consistent with section 1111, in demographically similar schools in the State; (ii) student retention goals that are similar to, or greater than, the average student retention rates in demographically similar schools in the State; and (iii) if the charter school is a high school, goals for graduation rates, rates of student enrollment at institutions of higher education, and rates of student persistence at institutions of higher education that are higher than such average rates in demographically similar schools in the State; or (B) in the case of a charter school that was open and enrolled students for the preceding school year, a charter school that has, for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D) for the most recent year for which such data are available— (i) student academic achievement and growth results (as measured, in the case of a charter school that is an elementary school or secondary school, by performance on the statewide academic assessments required under section 1111(a)(2) and individual academic growth, consistent with section 1111) that are significantly higher than the average student academic achievement and growth results, consistent with section 1111, in demographically similar schools in the State; (ii) student retention rates that are similar to or higher than the average student retention rates in demographically similar schools in the State; and (iii) if the school is a high school, higher graduation rates, rates of student enrollment at institutions of higher education, and rates of student persistence at institutions of higher education than such average rates in demographically similar schools in the State. (7) Replicate The term replicate 5412. Program authorized (a) In general From the amount available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to award subgrants to developers to create, expand, or replicate 1 or more high-performing charter schools, including through conversion of an existing public school into a charter school. (b) Allocations The Secretary shall use not less than 25 percent of funds to award grants to eligible entities described in 5411(4)(A). (c) Considerations In awarding grants under this subpart, the Secretary shall consider— (1) the geographic diversity of the eligible entities, including the distribution of grants among urban, suburban, and rural areas; and (2) the number of eligible entities in a State that are receiving grants under this subpart in any fiscal year. (d) Grant amount (1) In determining the amount of each grant to be awarded under subsection (a), the Secretary shall consider— (A) the number of operating charter schools under the jurisdiction or in the service area of the eligible entity; (B) to the extent practicable, the number of students, including students on charter school waiting lists, that will be served by high-performing charter schools that receive funds under this subpart; and (C) the amount of funds that is needed to implement the activities described in the approved application. (e) Duration (1) In general Each grant awarded under this subpart shall be for an initial period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this subpart for an additional period of not more than 2 years, if the eligible entity is achieving the objectives of the grant and has shown improvement on the performance measures and targets described in section 5417(a). (f) Limitations (1) Grants An eligible entity described under subparagraph (A) of section 5411(4) may not receive more than 1 grant at a time under this section. (2) Subgrants A developer may not receive more than 1 grant or subgrant at a time under this section. (g) Reservations (1) Administrative Expenses An eligible entity that receives a grant under this subpart may use not more than a total of 5 percent of grant funds for administrative expenses associated with the grant, including for improvement of the eligible entity’s oversight or management of charter schools. (2) Improving authorizer quality An eligible entity described in subparagraph (A), (B), or (C) of section 5411(4) shall use 5 percent of grant funds for improving authorizer quality, including charter school oversight and monitoring systems and procedures for revoking or not renewing charters. (h) Waiver The Secretary may waive a statutory or regulatory requirement over which the Secretary exercises administrative authority, except a requirement described in section 5411(1), if— (1) the waiver is requested in an approved application under this subpart; and (2) the Secretary determines that granting the waiver will promote the purpose of this subpart. 5413. Applications (a) In general Each eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (b) Contents (1) Eligible entities At a minimum, the application described in subsection (a) shall include a description of — (A) how the eligible entity will use grant funds to create, expand, or replicate 1 or more high-performing charter schools; (B) the need for the high-performing charter schools that the eligible entity seeks to support, including information that demonstrates the interest of parents and communities in increasing charter school enrollment capacity, such as the number of students who are on waiting lists for charter schools under the jurisdiction of the eligible entity; (C) the performance measures the eligible entity will use to measure outcomes; (D) how the eligible entity will provide information and support to parents, families, and students regarding the available charter school options in a simple, clear, and easily accessible format and, to the extent practicable, in a language that such parents, families, and students can understand; (E) how the eligible entity will coordinate the grant funds received under this subpart with other Federal, State, and local funds; (F) how the eligible entity will ensure that each charter school within such eligible entity's jurisdiction or service area— (i) meets the requirements of section 5411(1); and (ii) provides equitable access and effectively serves the needs of all students, including children with disabilities and English learners, and implements outreach and recruitment practices that include families of such students; (G) how the eligible entity will award subgrants to developers, on a competitive basis and through a high-quality review process, including a description of the subgrant application; (H) how the eligible entity will target subgrants to high-performing charter schools that plan to serve students who attend schools that have been identified through the State accountability and improvement system described in section 1116; (I) the eligible entity's record, if applicable, of success in creating, expanding, replicating, managing, and overseeing high-performing charter schools, and closing unsuccessful schools; (J) how the eligible entity will hold charter schools within such eligible entity's jurisdiction accountable if such schools do not meet the objectives specified in the performance contract described in section 5411(1)(N), including by closing unsuccessful schools; and (K) how charter school authorizers are approved, monitored, held accountable for establishing rigorous standards, periodically reviewed, and re-approved in the State in which the eligible entity operates, based on the performance of the charter schools that such charter school authorizers authorize, including in the areas of student safety, financial management, and compliance with all applicable statutes and regulations. (2) State educational agencies Each eligible entity described in section 5411(4)(A) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), the following: (A) A description of the State’s laws, policies, or procedures, if applicable, that address— (i) how decisions are made to close unsuccessful charter schools, and how student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1111(a)(3)(D), is a primary factor in such decisions; (ii) how charter schools are monitored and held accountable for— (I) meeting the requirements described in section 5411(1); and (II) providing equitable access and effectively serving the needs of all students, including students with disabilities and English learners; and (iii) how a charter school that is considered a local educational agency under State law, or a local educational agency in which a charter school is located, will comply with subsections (a)(5) and (e)(1)(B) of section 613 of the Individuals with Disabilities Education Act. (B) Information about the eligible entity’s record of funding charter schools, including funding charter school facilities. (C) Information about the number of charter schools in the State that— (i) have been closed or have had charters revoked or not renewed in the preceding 5-year period, and the reasons for such closures, revocations, or nonrenewals; (ii) have been identified, through the State accountability and improvement system, as focus schools or priority schools under subsection (c) or (d) of section 1116 in the preceding 5-year period; (iii) have met objectives specified in the performance contract described in section 5411(1)(N); and (iv) the charter school authorizer has authorized that are high-performing charter schools, and the percentage of such charter schools as compared to the total number of charter schools that the charter school authorizer has authorized. (3) Local educational agencies Each eligible entity described in section 5411(4)(B) shall include in the application described in paragraph (1) (in addition to the requirements described in such paragraph), a description of the eligible entity’s policies and procedures for— (A) ensuring that charter schools under the jurisdiction of such eligible entity have equitable access to school facilities and school facilities financing; (B) complying with subsections (a)(5) and (e)(1)(B) of section 613 of the Individuals with Disabilities Education Act; and (C) supporting public school choice. (4) Charter school authorizers Each eligible entity described in section 5411(4)(C) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), the following: (A) A demonstration that the eligible entity has explicit and clear policies and procedures in place for the approval, monitoring, renewal, and closure of charter schools, and an assurance that such policies and procedures make student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1111(a)(3)(D), a primary factor in such decisions. (B) A description of how the eligible entity will make publicly available (in a clear and uniform format, a timely manner, and a form that is easily accessible, and, to the extent practicable, in a language that families and students can understand)— (i) information about the criteria and procedures for granting, denying, revoking, and renewing charters for charter schools; and (ii) the results of decisions relating to the granting, denial, revocation, and renewal of charters for charter schools, including performance data and other relevant information on which each decision is based. (C) Information about the number of charter schools that the charter school authorizer has authorized in each of the following categories: (i) Charter schools that have been closed or have had charters revoked or not renewed by the eligible entity in the preceding 5-year period, and the reasons for such closures, revocations, or nonrenewals. (ii) Charter schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system. (iii) Charter schools that have met objectives specified in the performance contract described in section 5411(1)(N). (iv) Charter schools that are high-performing charter schools, and the percentage of such charter schools as compared to the total number of charter schools that the charter school authorizer has authorized. (5) Charter management organizations Each eligible entity described in section 5411(4)(D) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), a description of— (A) the qualifications of such eligible entity's management team; and (B) a multi-year financial and operating model for each of the high-performing charter schools that such eligible entity will create, expand, or replicate under the grant. (6) Special rule In the case of a developer that plans to open a charter school in a jurisdiction or service area where no eligible entity will be awarding subgrants under this subpart for the fiscal year for which the developer applies, the Secretary may award a grant to such developer if such developer has an approved application that includes the requirements described in subparagraphs (A) through (F) of paragraph (1) and paragraph (5). The requirements of subsections (b) and (c) of section 5416 and section 5417(c) shall apply to a developer receiving a grant under this paragraph in the same manner as such sections apply to a developer receiving a subgrant under section 5416, except that the developer shall submit the data under section 5417(c) directly to the Secretary. 5414. Selection criteria; priority (a) Selection Criteria (1) In General In awarding grants to eligible entities under this subpart, the Secretary shall consider— (A) the quality of the eligible entity's application; (B) the eligible entity’s record, if applicable, of success in creating, expanding, replicating, managing, and overseeing high-performing charter schools; (C) the eligible entity’s record of discontinuing funding or closing low-performing charter schools, including, as applicable, by revoking or not renewing the charters of such charter schools, and the eligible entity’s commitment to discontinuing funding or closing low-performing charter schools in the future; (D) the extent to which the eligible entity demonstrates that such eligible entity will award subgrants targeted to serving students who attend schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (E) the quality of the eligible entity’s plan for supporting subgrant recipients, through such activities as technical assistance, directly or through grants, contracts, or cooperative agreements, in order to— (i) improve student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1111(a)(3)(D); and (ii) promote effective outreach to, and recruitment of, students who are children with disabilities and students who are English learners, and the parents and families of such students; and (F) the extent to which the State in which the eligible entity operates provides for and enforces high-quality standards for charter school authorizers, including by establishing standards for rigorous and periodic reviews. (2) State Educational Agencies In the case of an applicant that is an eligible entity described in section 5411(4)(A), in addition to the elements described in paragraph (1), the Secretary shall also consider the extent to which such eligible entity— (A) ensures that charter schools receive equitable funding compared to other public schools in the State, and a commensurate share of Federal, State, and local revenues compared to public schools in the State, including equitable State funding to support early childhood education programs operated by charter schools in the State, in accordance with State law; and (B) provides charter schools with equitable access to funds for facilities (which may include funds for leasing or purchasing facilities or for making tenant improvements), assistance for facilities acquisition, access to public facilities, the ability to share in the proceeds of bonds and levies, or other support related to facilities. (3) Local educational agencies In the case of an applicant that is an eligible entity described in section 5411(4)(B) (except for a charter school that is considered a local educational agency under State law), in addition to the elements described in paragraph (1), the Secretary shall also consider— (A) if charter schools are operating within the area served by such eligible entity, the extent to which the eligible entity has policies and procedures in place to ensure that— (i) charter schools have equitable access to school facilities; or (ii) charter schools are not denied access to available public school facilities; and (B) the extent to which the eligible entity demonstrates support for public school choice. (4) Charter School Authorizers In the case of an applicant that is an eligible entity described in section 5411(4)(C), in addition to the elements described in paragraph (1), the Secretary shall also consider the eligible entity’s record of success in authorizing and supporting high-performing charter schools. (5) Charter management organizations In the case of an applicant that is an eligible entity described in section 5411(4)(D), in addition to the elements described in paragraph (1), as applicable, the Secretary shall also consider— (A) the quality of the eligible entity’s management team; and (B) the quality and sustainability of the eligible entity’s multi-year financial and operating model. (b) Priority (1) Students from low-income families In awarding grants under this subpart, the Secretary shall give priority to eligible entities that propose to create, expand, or replicate high-performing charter schools that plan to enroll a large percentage of students from low-income families. (2) Diversity In awarding grants under this subpart, the Secretary may give priority to eligible entities that propose to create, expand, or replicate a high-performing charter school that will have a diverse student population. (3) State educational agencies In the case of an applicant that is an eligible entity described in section 5411(4)(A), the Secretary shall give priority to such eligible entities— (A) from States that do not have a law that prohibits, or effectively inhibits, increasing the number of high-performing charter schools in the State; (B) from States that— (i) provide for, and adequately support, 2 or more charter school authorizers, of which not less than 1 is a statewide charter school authorizer; or (ii) in the case of a State in which local educational agencies are the only charter school authorizers— (I) allow for an appeals process through which developers have an opportunity to appeal a denial to another authorizer that will issue a final determination regarding whether or not to grant the developer a charter; and (II) require charter school authorizers to indicate an affirmative interest in serving as charter school authorizers; and (C) that have a policy or procedure in place that ensures that— (i) charter schools are reauthorized or have their charter renewed not less than once every 5 years; and (ii) charter schools submit independently audited financial statements to the authorizer. 5415. Uses of funds (a) Required uses of funds Each eligible entity receiving a grant under section 5412(a) shall— (1) use not less than 95 percent of the remaining grant funds, after the reservations made under section 5412(g), to award subgrants to 1 or more developers, as described in section 5416, to enable such developers to create, expand, or replicate 1 or more high-performing charter schools (which may include opening new schools or converting existing schools into charter schools) in the area served by the eligible entity or under the jurisdiction of the eligible entity; (2) in awarding subgrants, give priority to developers that propose to create, expand, or replicate a high-performing charter school in which a large percentage of the students enrolled are from low-income families; (3) provide developers who are receiving a subgrant with support and technical assistance in— (A) improving student academic achievement and growth, consistent with section 1111; (B) effectively serving the needs of all students, including students who are children with disabilities and students who are English learners; and (C) implementing outreach and recruitment practices that includes families of students who are children with disabilities and English learners; (4) directly, or through a partnership with a nonprofit organization (such as a community-based organization), develop and implement parent, family, and student information, outreach, and recruitment programs to provide information and support to parents, families, and students about the public school choice options available to them, including students who are children with disabilities and students who are English learners, in a simple, clear, and easily accessible format and, to the extent practicable, in a language that such parents, families, and students can understand. (b) Permissible use of funds Each eligible entity receiving a grant under section 5412(a) may use not more than 2.5 percent of grant funds to disseminate information to public schools in the eligible entity's jurisdiction or service area about lessons learned through the grant activities, in order to— (1) successfully address the education needs of all students, including students who are children with disabilities and students who are English learners; and (2) replicate high-performing charter school models. 5416. Subgrants (a) Applications Each developer that desires to receive a subgrant under this subpart shall submit an application to the appropriate eligible entity at such time, in such form, and including such information and assurances as the eligible entity may reasonably require, which shall include the information required under subparagraphs (A) through (F) of paragraph (1) and paragraph (5) of section 5413(b). (b) Use of funds A developer that receives a subgrant under this subpart shall use such subgrant funds to create, expand, or replicate 1 or more high-performing charter schools, which may include carrying out the following activities: (1) If necessary, carrying out not more than 12 months of planning and program design, unless such developer demonstrates the need for an additional planning period of not more than 3 months. (2) Recruiting and providing preparation, induction, and professional development for teachers, school leaders, and other staff who will work in a charter school that is supported by the developer. (3) Acquiring necessary equipment, supplies, and educational materials, including curricula, assessments, and instructional materials. (4) Professional development and implementation of systems for the delivery of appropriate services for students who are children with disabilities and students who are English learners, including through centralizing, purchasing, or sharing the provision of such services with other organizations. (5) Develop transportation systems to provide transportation to students to and from the school. (6) Paying operational costs for a charter school that cannot be met through State or local funding sources. (7) Directly, or through a partnership with a nonprofit organization (including a community-based organization), developing and implementing parent, family, and student information and outreach programs to provide information and support to parents, families, and students about each charter school, in a simple, clear, and easily accessible format and, to the extent practicable, in a language that the parents, families, and students can understand. (8) Developing and implementing effective outreach and recruitment strategies to inform families of students who are children with disabilities and students who are English learners about the charter school, the charter school admissions process, and the charter school's plan to effectively provide appropriate educational and related services to such students. (9) Evaluating and disseminating information, including through technical assistance, about the effectiveness of the activities supported by the subgrant. (c) Limitations Not more than 1 percent of subgrant funds may be used to carry out the activities described in subsection (b)(9). 5417. Performance measures; reports (a) Performance Measures and Targets Each eligible entity receiving a grant under this subpart shall establish performance measures and annual targets, approved by the Secretary, for the charter schools that are created, expanded, or replicated with funds provided through a grant or subgrant under this subpart. Such measures and targets shall include, at a minimum, in the aggregate and disaggregated by each subgroup of students described in section 1111(a)(3)(D)— (1) the number of students enrolled in each charter school; (2) the number of students enrolled in each high-performing charter school; (3) the number of students enrolled in each high-performing charter school who were formerly attending a school that has been identified as a focus school or priority school under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (4) student academic achievement and growth, consistent with section 1111, including, if applicable, performance on the State academic assessments required under section 1111(a)(2), and student growth consistent with section 1111; (5) student retention rates; (6) in the case of a public charter school that is a secondary school, student graduation rates, and student rates of enrollment and persistence in institutions of higher education; and (7) other measures required by the Secretary. (b) Reports Each eligible entity receiving a grant under this subpart shall annually prepare and submit a report to the Secretary containing the information described under subsection (a). (c) Developers Each developer receiving a subgrant under this subpart from an eligible entity shall provide the eligible entity with the data necessary to comply with the requirements of this section. 5418. Federal formula allocation during first year and for successive enrollment expansions (a) In general For purposes of the allocation to schools by the States or their agencies of funds under part A of title I, and any other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall take such measures as are necessary to ensure that every charter school receives the Federal funding for which the charter school is eligible not later than 5 months after the charter school first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is eligible not later than 5 months after such expansion. (b) Adjustment and late openings (1) In general The measures described in subsection (a) shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter school on the basis of estimated or projected enrollment data exceed the amounts that the school is eligible to receive on the basis of actual or final enrollment data. (2) Rule For charter schools that first open after November 1 of any academic year, the State, in accordance with guidance provided by the Secretary and applicable Federal statutes and regulations, shall ensure that such charter schools that are eligible for the funds described in subsection (a) for such academic year have a full and fair opportunity to receive those funds during the charter schools' first year of operation. 5419. Records transfer State educational agencies and local educational agencies receiving funds under part A of title I or any other Federal funds from the Secretary, shall, in the most timely manner possible and to the extent practicable, ensure that a student's records and, if applicable, a student's individualized education program as defined in section 602 of the Individuals with Disabilities Education Act, are transferred to a charter school upon the transfer of the student to the charter school, and to another public school upon the transfer of the student from a charter school to another public school, in accordance with applicable State law. 5420. National activities From funds made available under this subpart for each fiscal year, the Secretary may reserve not more than 5 percent for national activities to carry out (directly or through grants, contracts that use a competitive bidding process, or cooperative agreements) research, development, data collection, technical assistance, outreach, and dissemination activities, including— (1) research, technical assistance, and other activities to assist eligible entities receiving a grant under this subpart, and other eligible entities in improving the entity's capacity to— (A) create, expand, replicate, operate, or support high-performing charter schools that meet the needs of, and improve the outcomes for, all students, including students who are children with disabilities and students who are English learners; (B) support charter school authorizers to improve quality through the adoption of research-based policies and procedures and increased capacity; and (C) work to turn around schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (2) providing for the research and dissemination of information about specific charter school models and program characteristics for which there is strong evidence of a significant impact on improving student academic achievement and growth, consistent with section 1111, for all students, including students who are children with disabilities and English learners; (3) developing and implementing activities that help parents, families, students, and the community identify and access high-performing charter schools; (4) providing for the collection of information regarding the financial resources available to charter schools (including access to private capital) and widely disseminating to charter schools any such relevant information and model descriptions of successful programs; and (5) carrying out other related activities. 2 Charter school facility acquisition, construction, and renovation 5431. Purpose The purpose of this subpart is to provide grants to eligible entities to improve access to facilities and facilities financing for high-performing charter schools and assist such schools to address the cost of acquiring, constructing, and renovating facilities. 5432. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) a State educational agency; (B) a local educational agency, except a charter school that is considered a local educational agency under State law; (C) a nonprofit entity; (D) a State financing authority; or (E) a consortium of entities described in any of subparagraphs (A) through (D). (2) High-performing charter school The term high-performing charter school (3) Per-Pupil Facilities Aid Program The term per-pupil facilities aid program (A) that is specified in State law; (B) that provides annual financing, on a per-pupil basis, for charter school facilities; and (C) in which a State makes payments, on a per-pupil basis, to charter schools to provide such schools with financing— (i) that is dedicated solely for funding charter school facilities; or (ii) a portion of which is dedicated for funding charter school facilities. 5433. Grants to eligible entities (a) Credit enhancement grants The Secretary shall use not less than 65 percent of the amount available to carry out this subpart to award grants on a competitive basis to eligible entities to enable such eligible entities to demonstrate innovative credit enhancement methods of assisting high-performing charter schools to access private sector capital to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (b) Other facilities grants The Secretary shall use the remainder of the amount available to carry out this subpart to award grants on a competitive basis to eligible entities to— (1) improve access to facilities and facilities financing for high-performing charter schools, through methods that may include— (A) leveraging State and local facilities funds, including the cost of implementing school bond programs that include high-performing charter schools; (B) implementing open-facilities-access programs or making available renovated or adapted space for high-performing charter schools; and (C) assisting with constructing or improving, at low cost, facilities for high-performing charter schools through innovative methods; and (2) support an eligible entity described in section 5432(1)(A) in the establishment, enhancement, and administration of a per-pupil facilities aid program through Federal payments that shall be not more than— (A) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (B) 80 percent in the second such year; (C) 60 percent in the third such year; (D) 40 percent in the fourth such year; and (E) 20 percent in the fifth such year. (c) State Share of Per-Pupil Facilities Aid Program A State receiving a grant under subsection (b)(2) may partner with 1 or more organizations to provide not more than 50 percent of the State share of the cost of establishing, enhancing, or administering the per-pupil facilities aid program. (d) Grant amount In determining the amount of each grant to be awarded under this subpart, the Secretary shall consider— (1) the quality of the application submitted under section 5435; (2) the number of students that are served or may be served by high-performing charter schools that would receive assistance under the grant program; and (3) the amount of funds that is needed to implement the activities described in the approved application. (e) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant, State and local public funds expended to provide programs for charter schools. 5434. Charter school objectives An eligible entity receiving a grant under this subpart shall use the funds to assist 1 or more high-performing charter schools to accomplish 1 or both of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. 5435. Applications; selection criteria (a) In general Each eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (b) Contents An application submitted under subsection (a) shall include— (1) a description of the activities that the eligible entity proposes to carry out using funds received under this subpart; (2) a demonstration that the eligible entity will consider the quality of a charter school when determining— (A) which charter schools will receive assistance under this subpart; (B) how much grant assistance will be provided to each charter school; and (C) the type of assistance that each charter school will receive; (3) a description of the eligible entity’s record of successfully carrying out the activities that such eligible entity proposes to carry out; (4) if applicable, the eligible entity’s record of leveraging private-sector funding and a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding; (5) an explanation of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school for which facilities financing is sought; (6) in the case of an application submitted by an eligible entity that includes 1 or more State or local educational agencies, a description of the agency's policies and procedures for ensuring that charter schools have equitable access to school facilities; and (7) such other information as the Secretary may reasonably require. (c) Selection Criteria In awarding grants under this subpart, the Secretary shall consider— (1) the quality of the eligible entity's application; (2) the extent to which the eligible entity proposes to support high-performing charter schools that plan to enroll a large percentage of students from low-income families; (3) the extent to which the eligible entity proposes to support high-performing charter schools that plan to enroll a large percentage of students who attend schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (4) the geographic diversity of the eligible entities, including the distribution of grants between urban and rural areas; and (5) the number of eligible entities in a State that are receiving grants under this subpart in any fiscal year. 5436. Reserve account (a) Use of funds To assist charter schools with addressing the cost of acquiring, constructing, and renovating facilities and accessing facilities and facilities financing, an eligible entity receiving a grant under section 5433(a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under this subpart (other than funds used for administrative costs in accordance with section 5437) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for 1 or more of the following purposes: (1) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in section 5434. (2) Guaranteeing and insuring leases of personal and real property for an objective described in section 5434. (3) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (4) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (b) Investment Funds received under this subpart and deposited in the reserve account established under subsection (a) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (c) Reinvestment of earnings Any earnings on funds received under this subpart shall be deposited in the reserve account established under subsection (a) and used in accordance with such subsection. 5437. Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under this subpart for the administrative costs of carrying out its responsibilities under this subpart. 5438. Audits and reports (a) Financial record maintenance and audit The financial records of each eligible entity receiving a grant under this subpart shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (b) Reports (1) Grantee annual reports Each eligible entity receiving a grant under this subpart annually shall submit to the Secretary a report of its operations and activities under this subpart. (2) Contents Each annual report submitted under paragraph (1) shall include— (A) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (B) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under subsection (a) during the reporting period; (C) if applicable, an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under this subpart in leveraging private funds; (D) a listing and description of the charter schools served during the reporting period and the performance of such charter schools in increasing student achievement and growth, consistent with section 1111; (E) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in section 5434; and (F) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this subpart during the reporting period, if applicable. (3) Secretarial report The Secretary shall review the reports submitted under paragraph (1) and shall provide a comprehensive annual report to Congress on the activities conducted under this subpart. 5439. No full faith and credit for grantee obligations No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this subpart. 5440. Recovery of funds (a) In general The Secretary, in accordance with chapter 37 (1) all of the funds in a reserve account established by an eligible entity under section 5436(a) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this subpart, that the eligible entity has failed to make substantial progress in carrying out the purposes described in such section; or (2) all or a portion of the funds in a reserve account established by an eligible entity under section 5436(a) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such section. (b) Exercise of authority The Secretary shall not exercise the authority provided in subsection (a) to collect from any eligible entity any funds that are being properly used to achieve 1 or more of the purposes described in section 5436(a). (c) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under subsection (a). (d) Construction This section shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. . E Voluntary public school choice 5501. Voluntary public school choice Title V ( 20 U.S.C. 7201 et seq. E Voluntary public school choice programs 5501. Grants (a) Authorization From funds made available to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the entities to establish or expand a program of public school choice (referred to in this part as a program (b) Duration Grants awarded under subsection (a) may be awarded for a period of 3 years and may be renewed for not more than an additional 2 years if the Secretary finds that the grantee is achieving the objectives of the grant. 5502. Uses of funds (a) Required use of funds An eligible entity that receives a grant under this part shall use the grant funds to establish or expand inter- or intra-district public school choice programs for students attending the lowest-performing schools that enable those students to attend high-quality public elementary schools and secondary schools, including charter schools. (b) Permissible uses of funds An eligible entity that receives a grant under this part may use the grant funds for— (1) planning or designing a program (for not more than 1 year); (2) transportation services to and from high-quality schools for participating students; (3) improving public school finance systems to allow school funding to follow students, including tuition transfer payments to high-quality public elementary schools or secondary schools to which students transfer under the program; (4) capacity-enhancing activities that enable high-quality public elementary schools or secondary schools to accommodate transfer requests under the program; (5) public education and recruitment campaigns to inform students attending the lowest-performing schools and their parents about the program and to facilitate their participation; and (6) other costs reasonably necessary to implement the program, such as the development of lottery systems. (c) Nonpermissible uses of funds An eligible entity that receives a grant under this part may not use the grant funds for school construction. (d) Administrative expenses The eligible entity may use not more than 5 percent of the funds made available through a grant under this part for any fiscal year for administrative expenses. 5503. Applications (a) Submission An eligible entity that desires a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents An application submitted under subsection (a) shall include a comprehensive plan that describes— (1) the activities to be carried out; (2) how the activities— (A) will increase access to high-quality schools for students attending the lowest-performing schools; (B) will increase the student academic achievement and student growth of students participating in the grant activities, including English learners and students with disabilities; and (C) if applicable, will increase diversity within a school or local educational agency; (3) how students will be selected to participate in grant activities, including the design and implementation of a lottery system if the program is oversubscribed, and how students and parents will be informed of their opportunity to participate; (4) how the program will be coordinated with and leverage other related Federal and non-Federal funding and programs; (5) how the applicant will continue to implement the plan after the period of the grant has expired; (6) if the activities required under section 5505(a)(2) are to be carried out in partnership with a public or other nonprofit organization, a description of the organization’s experience, capacity, responsibilities, and how the eligible entity will monitor the public or other nonprofit organization’s effectiveness in carrying our such activities; and (7) such other information as the Secretary may require. (c) Selection criteria In selecting grantees under this part, the Secretary shall consider— (1) the quality of the applicant’s comprehensive plan; (2) the extent to which the applicant can demonstrate that its grant activities will increase student academic achievement and student growth for students participating in the grant activities, including English learners and students with disabilities; and (3) the extent to which the applicant can demonstrate that its grant activities will ensure that parents and students are informed of the program, in a clear and uniform format and, to the extent practicable, in a language that the parents and students can understand, to increase the likelihood that parents will have their children participate in the grantee's program. 5504. Priorities In awarding grants under this part, the Secretary shall give priority to an eligible entity that proposes to— (1) establish or expand an inter-district choice program that serves a large percentage of students from low-income families; and (2) establish or expand a program that will increase diversity. 5505. Requirements and voluntary participation (a) Parent and community involvement and notice In carrying out a program under this part, an eligible entity shall carry out the following: (1) Develop the program with— (A) the involvement of parents and other education stakeholders in the community to be served; and (B) individuals who will carry out the program, including administrators, teachers, principals, and other staff. (2) Develop and carry out the following activities, alone or in partnership with a public or other nonprofit organization that has a record of success in implementing such activities: (A) Disseminating timely and accurate information about the program to parents of students attending the lowest-performing schools, in a clear and uniform format and, to the extent practicable, in a language that they can understand, including through the use of a variety of effective and innovative outreach approaches, such as by sending customized letters to each family about available programs. (B) Providing education and training to parents of students attending the lowest-performing schools to enable the parents to use the information provided under subparagraph (A) in their decisions about their children’s education. (b) Selection of students An eligible entity that receives a grant under this part shall select students to participate in a program on the basis of a lottery, if more students apply for admission to the program than can be accommodated. (c) Voluntary participation Student participation in a program funded under this part shall be voluntary. (d) Performance measures (1) In general Each eligible entity awarded a grant under this part shall establish performance measures and targets that— (A) are approved by the Secretary; (B) are implemented for each program established or expanded with funds provided under this part; and (C) at a minimum, track— (i) the number of students participating; (ii) the participating students’ academic achievement and student growth; (iii) in the case of participating high school students, their graduation rates; (iv) the extent to which students in schools participating in the programs or schools funded under this part are being educated in diverse schools and classrooms; and (v) any other measure required by the Secretary. (2) Reports Each eligible entity awarded a grant under this part shall annually report to the Secretary on its performance on the measures and targets established under paragraph (1), and shall provide that information both in the aggregate and disaggregated for each subgroup of students described in section 1111(a)(2)(B)(x). 5506. Evaluations From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601, including— (1) how, and the extent to which, the programs promote educational equity and excellence; (2) the characteristics of the students participating in the programs; and (3) the effect of the programs on the academic achievement and student growth of students participating in the programs both in the aggregate and disaggregated for each subgroup of students described in section 1111(a)(2)(B)(x). 5507. Definitions In this part: (1) Charter school The term charter school (2) Eligible entity The term eligible entity (A) 1 or more high-need local educational agencies applying with 1 or more other local educational agencies; or (B) a State educational agency applying with 1 or more high-need local educational agencies. (3) Lowest-performing school The term lowest-performing school . VI Promoting flexibility; rural education 6101. Promoting flexibility Title VI (20 U.S.C. 7301 et seq.) is amended— (1) by striking the title heading and inserting the following: Promoting Flexibility; Rural Education (2) by striking part A and inserting the following: A Transferability 6101. Transferability of funds (a) Transfers by states (1) Authority to transfer Except as provided in paragraph (2), in accordance with this part, a State may transfer up to 100 percent of the State funds allotted to the State for a fiscal year for use for State-level activities described in this Act that are carried out as part of a grant program in which funds for the grant are distributed by a formula to 1 or more other State formula grant programs under this Act for such fiscal year. (2) Prohibition against transferring funds out certain titles A State may not transfer, pursuant to paragraph (1), any funds that originate in title I or III out of such respective title. (b) Transfers by local educational agencies (1) Authority to transfer Except as provided in paragraph (2), in accordance with this part, a local educational agency may transfer 100 percent of the funds allocated to it for a fiscal year for use for local-level activities described in this Act that are carried out as part of a grant program in which funds for the grant are distributed by a formula to 1 or more other local educational agency formula grant programs under this Act for such fiscal year. (2) Prohibition against transferring funds out of certain titles A local educational agency may not transfer, pursuant to paragraph (1), any funds that originate in title I, III, part A of title VII, or VIII out of such respective title. (3) Special rule with respect to rural districts Except as provided in paragraph (2), a local educational agency that is eligible to receive assistance under part B may transfer 100 percent of the funds allocated to it for a fiscal year for use for local-level activities described in this Act that are carried out as part of a grant program in which funds for the grant are distributed by a formula to 1 or more other local educational agency formula grant programs under this Act for such fiscal year or to carry out activities under a grant program in which funds for the grant are distributed by formula to States. (c) Applicable rules (1) In general Except as otherwise provided in this part, funds transferred pursuant to this section are subject to each of the rules and requirements applicable to the funds under the provision to which the transferred funds are transferred. (2) Consultation Each State educational agency or local educational agency that transfers funds under this section shall conduct consultations in accordance with section 9501, if such transfer transfers funds from a program that provides for the participation of students, teachers, or other educational personnel, from private schools. . 6102. Rural education Part B of title VI ( 20 U.S.C. 7341 et seq. (1) by striking section 6211; (2) by redesignating sections 6212 and 6213 as sections 6211 and 6212, respectively; (3) in section 6211, as redesignated by paragraph (2)— (A) in the section heading, by striking Grant (B) in subsection (a), by striking activities authorized activities consistent with section 6101(b). (C) in subsection (b)— (i) in paragraph (1)— (I) by striking paragraph (3) paragraphs (3) and (4) (II) by striking section 6211(b) subsection (d) (III) by striking section 6211(c) subpart 2 of part A of title II (ii) by striking paragraph (2) and inserting the following: (2) Determination of initial amount (A) In General The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. (B) Appropriation more than $211,723,832 Notwithstanding subparagraph (A), if the appropriation for this part is more than $211,723,832, a grant under this part shall not be less than $25,000, and the initial amount may not exceed $80,000. ; and (iii) by inserting after paragraph (3) the following: (4) Coalitions of like school districts (A) In General Notwithstanding paragraph (1) and subject to subparagraph (B), in the case of a local educational agency that is eligible under subsection (d) and is comprised of 3 or more like school districts, the Secretary shall award a grant under subsection (a) to such a local educational agency for a fiscal year in an amount equal to the difference between— (i) the initial amount determined under paragraph (2) for the fiscal year; and (ii) the quotient that is obtained by dividing— (I) the total amount received by the agency under the provisions of law described in subpart 2 of part A of title II for the preceding fiscal year; by (II) the sum of— (aa) the number of constituent districts that comprise such local educational agency; plus (bb) the product of— (BB) the number of constituent school districts within such local educational agency; and (CC) 4,000. (B) Limitation Notwithstanding subparagraph (A), no local educational agency shall receive more than $60,000 under this paragraph. . (D) by redesignating subsection (d) as subsection (e); (E) by inserting after subsection (c) the following: (d) Eligibility (1) In general A local educational agency shall be eligible for a grant under this section if— (A) (i) (I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; (II) in the case of a local educational agency described in paragraph (4) of subsection (b), the total number of students in average daily attendance at all schools served by the local educational agency is fewer than the product of— (aa) 600; and (bb) the number of constituent school districts within the local educational agency; or (III) each county or locale in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and (ii) each of the schools served by the local educational agency is designated with a school locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; or (B) the agency meets at least 1 of the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the State educational agency’s request to waive the criterion described in subparagraph (A)(ii). (2) Certification The Secretary shall determine whether to waive the criterion described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and with the concurrence of the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ; and (F) by striking subsection (e), as redesignated by subparagraph (D), and inserting the following: (e) Special Eligibility Rule A local educational agency may receive grant funding under subpart 1 or subpart 2, but may not receive grant funding under both such subparts. ; (4) by striking section 6212, as redesignated by paragraph (2), and inserting the following: 6212. Academic achievement assessments Each local educational agency that uses or receives funds under this subpart for a fiscal year shall administer assessments that are consistent with section 1111(a)(2). ; (5) in section 6221— (A) in subsection (a)(1), by striking under section 6234 for to carry out (B) in subsection (b)(1)(B), by striking 6, 7, or 8, 33, 41, 42, or 43, (C) in subsection (c)— (i) in the matter preceding paragraph (1), by striking under section 6234 for to carry out (ii) in paragraph (1), by striking Bureau of Indian Affairs Bureau of Indian Education (6) in section 6222, by striking subsection (a) and inserting the following: (a) Local Awards Grant funds awarded to local educational agencies under this subpart shall be used to carry out local-level activities consistent with section 6101(b). ; (7) in section 6224— (A) in subsection (c)— (i) in the matter preceding paragraph (1), by striking “the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate” and inserting “the authorizing committees”; and (ii) by striking local educational agencies and schools (2) how local educational agencies and schools ; (B) in subsection (d)— (i) in the subsection heading, by striking “ Assessment Assessments (ii) by striking an assessment that is consistent with section 1111(b)(3) assessments that are consistent with section 1111(a)(2) (C) by striking subsection (e); (8) by striking section 6234; (9) by redesignating sections 6231 through 6233 as sections 6232 through 6234, respectively; (10) by inserting before section 6232, as redesignated by paragraph (9), the following: 6231. Choice of participation If a local educational agency is eligible for funding under subpart 1 and subpart 2 of this part, such local educational agency may choose to participate in either subpart 1 or subpart 2. ; (11) in section 6232, as redesignated by paragraph (9)— (A) in subsection (a), by striking 6212 6211 (B) in subsection (b)— (i) by striking under section 6212 or subpart 2 under this part (ii) by striking under this section under this part (12) in section 6233, as redesignated by paragraph (9), by striking subpart 1 or subpart 2 this part 6103. General provisions Title VI (20 U.S.C. 7301 et seq.) is amended by striking part C. VII Indian, Native Hawaiian, and Alaska Native education A Indian education 7101. Purpose Section 7102 ( 20 U.S.C. 7402 7102. Purpose It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities— (1) to ensure the academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational needs, consistent with section 1111(a); (2) to ensure that Indian and Alaska Native students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and (3) to ensure that principals, teachers, and other staff who serve Indian and Alaska Native students have the ability to provide culturally appropriate and effective instruction to such students. . 1 Formula grants to local educational agencies 7111. Formula grant purpose Section 7111 (20 U.S.C. 7421) is amended to read as follows: 7111. Purpose (a) Purpose It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to improve the academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational needs. (b) Programs This subpart carries out the purpose described in subsection (a) by authorizing programs of direct assistance for— (1) meeting the unique educational and culturally related academic needs of Indians and Alaska Natives, including gaining knowledge of Native American languages, history, traditions, and cultures; (2) the education of Indian children and adults; (3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and (4) research, evaluation, data collection, and technical assistance. . 7112. Grants to local educational agencies, tribes, and Indian organizations Section 7112 ( 20 U.S.C. 7422 (1) in subsection (a), by striking and Indian tribes , Indian tribes, and Indian organizations (2) in subsection (b)(2), by striking a reservation an Indian reservation (3) by striking subsection (c) and inserting the following: (c) Indian tribes and Indian organizations (1) In general If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 7114(c)(5) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. (2) Unaffiliated Indian tribes An Indian tribe that operates a school and is not affiliated with either the local educational agency or the Bureau of Indian Education shall be eligible to apply for a grant under this subpart. (3) Special rule (A) In general The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) or (2) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart . (B) Exceptions Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(5) of section 7114 or section 7118(c) or 7119. (4) Assurance to serve all Indian children An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 7114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. (d) Indian community-Based organization (1) In general If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart, an Indian community-based organization serving the community of the local educational agency may apply for such grant. (2) Applicability of special rule The Secretary shall apply the special rule in subsection (c)(3) to a community-based organization applying or receiving a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium. (3) Definition of Indian community-based organization In this subsection, the term Indian community-based organization (A) is composed primarily of Indian parents and community members, tribal government education officials, and tribal members from a specific community; (B) assists in the social, cultural, and educational development of Indians in such community; (C) meets the unique cultural, language, and academic needs of Indian students; and (D) demonstrates organizational capacity to manage the grant. (e) Consortia (1) In general A local educational agency, Indian tribe, or Indian organization that meets the eligibility requirements under this section may form a consortium with other eligible local educational agencies, Indian tribes, or Indian organizations for the purpose of obtaining grants and operating programs under this subpart. (2) Requirements for local educational agencies in consortia In any case where 2 or more local educational agencies that are eligible under subsection (b) form or participate in a consortium to obtain a grant, or operate a program, under this subpart, each local educational agency participating in such a consortium shall— (A) provide, in the application submitted under section 7114, an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and (B) agree to be subject to all requirements, assurances, and obligations applicable to a local educational agency receiving a grant under this subpart. . 7113. Amount of grants Section 7113 (20 U.S.C. 7423) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking Bureau of Indian Affairs Bureau of Indian Education (ii) by striking $3,000 $10,000 (B) in paragraph (3), by striking $4,000 $15,000 (2) in subsection (d)— (A) in the subsection heading, by striking Bureau of Indian Affairs Bureau of Indian Education (B) in paragraph (1)(A)(i), by striking the Bureau of Indian Affairs the Bureau of Indian Education (C) in paragraph (2), by striking section 7114(c)(4) section 7114(c)(5) (3) in subsection (e), by striking under section 7152(a) to carry out this subpart 7114. Applications (a) In general Section 7114 (20 U.S.C. 7424) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking is consistent with supports (II) by inserting , tribal, State (ii) in subparagraph (B), by striking such goals such goals, to ensure such students meet the same college and career ready State academic achievement standards under section 1111(a)(1) for all children; (B) by striking paragraph (3) and inserting the following: (3) explains how the local educational agency will use the funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of such students; ; (C) in paragraph (5)— (i) in subparagraph (A), by striking and (ii) by adding at the end the following: (C) the parents of Indian children, and representatives of Indian tribes, on the committee described in subsection (c)(5) will participate in the planning of the professional development materials; ; (D) in paragraph (6)— (i) in subparagraph (B)— (I) in clause (i), by striking subsection (c)(4); and subsection (c)(5); (II) by adding at the end the following: (iii) the Indian tribes whose children are served by the local educational agency; and ; and (ii) in subparagraph (C), by striking the period at the end and inserting ; and (E) by adding at the end the following: (7) describes— (A) the formal process the local educational agency used to collaborate with Indian tribes located in the community in the development of the comprehensive programs; and (B) the actions taken as a result of the collaboration. ; (2) in subsection (c)— (A) in paragraph (1), by striking the education of Indian children, and not to supplant such funds services and activities consistent with those described in this subpart, and not to supplant such funds (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C) by inserting after paragraph (1) the following: (2) the local educational agency will use funds received under this subpart only for activities described and authorized under this subpart; ; (D) in paragraph (3), as redesignated by subparagraph (B)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B)— (I) by inserting , as measured by the State academic assessments required under section 1111(a)(2), high school graduation rates, and other academic outcomes as appropriate, effective (II) by inserting and (iii) by adding at the end the following: (C) determine the extent to which such activities address the unique cultural, language, and educational needs of Indian students; ; (E) in paragraph (4)(C), as redesignated by subparagraph (B)— (i) by inserting representatives of Indian tribes with reservations located within 50 miles of any of the schools that have Indian children in any such school, Indian children and teachers (ii) by striking and (F) in paragraph (5), as redesignated by subparagraph (B)— (i) by inserting and family members parents (ii) in subparagraph (A)— (I) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (II) by inserting after clause (i) the following: (ii) representatives of Indian tribes with reservations located within 50 miles of any of the schools that have children in any such school; ; (iii) in subparagraph (B), by adding or representatives of Indian tribes described in subparagraph (A)(ii) children (iv) in subparagraph (D)— (I) in clause (i), by striking and (II) by adding at the end the following: (iii) determined that the program will directly enhance the educational experience of Indian and Alaska Native students; ; (v) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (vi) by adding at the end the following: (F) that shall determine the extent to which the activities of the local educational agency will address the unique cultural, language, and education needs of Indian students; and (G) that shall determine the extent to which grant funds will directly enhance the educational experiences of American Indian students; ; and (G) by adding at the end the following: (6) the local educational agency will coordinate activities under this title with other Federal programs supporting educational and related services administered by such agency; and (7) the local educational agency conducted outreach to parents and family members to meet the requirements under subsection (c)(5). ; and (3) by adding at the end the following: (d) Outreach The Secretary shall monitor the applications for grants under this subpart to identify eligible local educational agencies and schools operated by the Bureau of Indian Education that have not applied for such grants, and shall undertake appropriate outreach activities to encourage and assist eligible entities to submit applications for such grants. (e) Technical assistance The Secretary shall, directly or by contract, provide technical assistance to a local educational agency upon request (in addition to any technical assistance available under other provisions of this Act or available through the Institute of Education Sciences) to support the services and activities provided under this subpart, including technical assistance for— (1) the development of applications under this subpart; (2) improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and (3) integration of activities under this subpart with other educational activities carried out by the local educational agency. . 7115. Authorized services and activities Section 7115 ( 20 U.S.C. 7425 (1) in subsection (a)— (A) by adjusting the margin of paragraph (1) to align with paragraphs (2) and (3); and (B) in paragraph (1), by inserting solely for the services and activities described in such application section 7114(a) (2) in subsection (b)— (A) by redesignating paragraphs (1) through (11) as paragraphs (2) through (12), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1) activities that support Native American language immersion programs and Native American language restoration programs, which may be taught by traditional leaders; ; (C) in paragraph (3), as redesignated by subparagraph (A), by striking early childhood high-quality early education (D) in paragraph (4), as redesignated by subparagraph (A), by striking challenging State academic content and student academic achievement standards college and career ready State academic content and student academic achievement standards under section 1111(a) (E) by striking paragraph (5), as redesignated by subparagraph (A), and inserting the following: (5) integrated educational services in combination with other programs to meet the unique needs of Indian children and their families, including programs that promote parental involvement— (A) in school activities; and (B) to increase student achievement; ; (F) by striking paragraph (7), as redesignated by subparagraph (A), and inserting the following: (7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; ; (G) by striking paragraphs (10) and (11), as redesignated by subparagraph (A), and inserting the following: (10) activities that incorporate culturally and linguistically relevant curriculum content into classroom instruction that is responsive to the unique learning styles of Indian and Alaska Native children to ensure that such children are better able to meet the student academic achievement standards, consistent with section 1111(a); (11) family literacy activities; ; (H) in paragraph (12), as redesignated by subparagraph (A), by striking children children; and (I) by adding at the end the following: (13) dropout prevention strategies and strategies— (A) to meet the educational needs of at-risk Indian students in correctional facilities; and (B) to support Indian students who are transitioning from such facilities to schools served by local educational agencies. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking section 7114(c)(4) section 7114(c)(5) (ii) by striking ; and (B) in paragraph (2), by striking the period and inserting ; and (C) by adding at the end the following: (3) the local educational agency identifies in its application how the use of such funds in a schoolwide program will produce benefits to the Indian students that would not be achieved if the funds were not used in a schoolwide program. ; and (4) by adding at the end the following: (e) Limitation on use of funds Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities available locally or regionally. . 7116. Integration of services authorized Section 7116 ( 20 U.S.C. 7426 (1) in subsection (d)(9), by striking section 7114(c)(4) section 7114(c)(5) (2) in subsection (g), in the matter preceding paragraph (1)— (A) by striking the No Child Left Behind Act of 2001 the Strengthening America's Schools Act of 2013 (B) by inserting the Secretary of Health and Human Services, the Secretary of the Interior, (C) by inserting and coordination providing for the implementation (3) by striking subsection (o) and inserting the following: (o) Report on statutory obstacles to, and best practices for, program integration (1) In General Not later than 3 years after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary of Education shall submit a report to the authorizing committees, the Committee on Indian Affairs of the Senate, and the Committee on Natural Resources of the House of Representatives on the results of the implementation of the demonstration projects authorized under this section. (2) Contents Such report shall identify— (A) statutory barriers to the ability of participants to integrate more effectively their education and related services to Indian students in a manner consistent with the objectives of this section; and (B) the best practices for program integration that result in increased student proficiency, graduation rates, and other relevant academic outcomes for Indian and Alaska Native students. . 7117. Student eligibility forms Section 7117 ( 20 U.S.C. 7427 (1) in subsection (b)(1)— (A) in subparagraph (A)(ii), by inserting or membership enrollment (B) in subparagraph (B), by inserting or membership enrollment (2) by striking subsections (d) and (e) and inserting the following: (d) Documentation and types of proof (1) Types of proof For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 7113, the membership of the child, or any parent or grandparent, of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. (2) No new or duplicate determinations Once a child is determined to be an Indian eligible to be counted for such grant award, the local educational agency shall maintain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart. (3) Previously filed forms An Indian student eligibility form that was on file as required by this section on the day before the date of enactment of the Strengthening America's Schools Act of 2013 and that met the requirements of this section, as this section was in effect on the day before the date of enactment of such Act, shall remain valid for such Indian student. ; (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; (4) in subsection (f), as redesignated by paragraph (3), by striking the Bureau of Indian Affairs the Bureau of Indian Education (5) by inserting after subsection (f), as redesignated by paragraph (3), the following: (g) Technical assistance The Secretary shall, directly or through contract, provide technical assistance to a local educational agency upon request, in addition to any technical assistance available under section 1116 or available through the Institute of Education Sciences, to support the services and activities described under this section, including for the— (1) development of applications under this section; (2) improvement in the quality of implementation, content of activities, and evaluation of activities supported under this subpart; (3) integration of activities under this title with other educational activities established by the local educational agency; and (4) coordination of activities under this title with programs administered by each Federal agency providing grants for the provision of educational and related services. . 2 Special programs and projects to improve educational opportunities for Indian children and youth 7121. Special programs and projects to improve educational opportunities for Indian children and youth Subpart 2 of part A of title VII is amended by inserting and youth children 7122. Improvement of educational opportunities for Indian children and youth Section 7121 ( 20 U.S.C. 7441 (1) in the heading, by adding and youth children (2) in subsection (a), by inserting and youth children (3) in subsection (c)— (A) by inserting and youth children (B) in paragraph (1)— (i) in subparagraph (D), by inserting emotional, social, (ii) by striking subparagraph (G) and inserting the following: (G) high-quality early childhood education programs that are effective in preparing young children to be making sufficient academic growth by the end of grade 3, including kindergarten and prekindergarten programs, family-based preschool programs that emphasize school readiness, screening and referral, and the provision of services to Indian children and youth with disabilities; ; (iii) in subparagraph (K), by striking family literacy services family literacy activities (iv) in subparagraph (L), by striking qualified tribal elders and seniors; or traditional leaders; (v) in subparagraph (M), by striking the period at the end and inserting ; or (vi) by adding at the end the following: (N) other services that meet the purpose described in this section. ; (C) in paragraph (2), by striking Professional development of High-quality professional development of (4) in subsection (d)— (A) in paragraph (1)(C), by striking make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multi-year grant only if the Secretary determines award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines (B) in paragraph (3)(B)— (i) in clause (i), by striking parents of Indian children and representatives of Indian tribes family members of Indian children and youth and official representatives designated by the Indian tribes (ii) in clause (iii)— (I) by striking information evidence (II) by striking scientifically based evidence-based (5) by adding at the end the following: (f) Continuation Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Strengthening America's Schools Act of 2013 may continue to carry out such activities under such grant in accordance with the terms of that grant award. . 7123. Professional development for teachers and education professionals Section 7122 ( 20 U.S.C. 7442 (1) in subsection (a), by striking paragraphs (1) and (2) and inserting the following: (1) to increase the number of qualified Indian teachers and administrators serving Indian students; (2) to provide training to qualified Indian individuals to become educators; and ; (2) in subsection (d), by adding at the end the following: (3) Continuation Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Strengthening America's Schools Act of 2013 may continue to carry out such activities under such grant in accordance with the terms of that award. ; (3) by striking subsection (e) and inserting the following: (e) Application Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will— (1) recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers or principals; (2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and (3) assist participants in meeting the requirements under subsection (h). ; (4) by striking subsection (g) and inserting the following: (g) Grant period The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for not more than an additional 2 years if the Secretary finds that the grantee is achieving the objectives of the grant. ; and (5) in subsection (h)(1)(A), by striking clause (ii) and inserting the following: (ii) in a local educational agency that serves a high proportion of Indian students; or . 3 National activities 7131. National activities Subpart 3 of part A of title VII ( 20 U.S.C. 7451 et seq. (1) in section 7131— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking under section 7152(b) to carry out this subpart (ii) in paragraph (1), by striking the education improving the academic achievement and development (iii) by striking paragraph (2); (iv) by redesignating paragraph (3) as paragraph (2); (v) in paragraph (2), as redesignated by clause (iv), by striking Indians; and Indian students; (vi) by inserting after paragraph (2), as redesignated by clause (iv), the following: (3) provide technical assistance and logistical support to grantees under this subpart; and ; and (B) by striking subsection (c) and inserting the following: (c) Coordination Research activities supported under this section— (1) shall be coordinated with appropriate offices within the Department; and (2) may include collaborative research activities that are jointly funded and carried out by the Bureau of Indian Education and the Institute of Education Sciences. ; (2) by striking sections 7132, 7133, 7134, 7135, and 7136; and (3) by adding at the end the following: 7132. Improvement of academic success for students through Native American language (a) Purpose It is the purpose of this section to improve educational opportunities and academic achievement of Indian and Alaska Native students through Native American language programs and to foster the acquisition of Native American language. (b) Definition of eligible entity In this section, the term eligible entity (c) Grants authorized The Secretary shall award grants to eligible entities to enable such entities to carry out the following activities: (1) Native American language programs that— (A) provide instruction through the use of a Native American language for not less than 10 children for an average of not less than 500 hours per year per student; (B) provide for the involvement of parents, caregivers, and families of students enrolled in the program; (C) utilize, and may include the development of, instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; (D) provide support for professional development activities; and (E) include a goal of all students achieving— (i) fluency in a Native American language; and (ii) academic proficiency in mathematics, English, reading or language arts, and science. (2) Native American language restoration programs that— (A) provide instruction in not less than 1 Native American language; (B) provide support for professional development activities for teachers of Native American languages; (C) develop instructional materials for the programs; and (D) include the goal of increasing proficiency and fluency in not less than 1 Native American language. (d) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Certification An eligible entity that submits an application for a grant to carry out the activity specified in subsection (c)(1), shall include in such application a certification that assures that such entity has experience and a demonstrated record of effectiveness in operating and administering a Native American language program or any other educational program in which instruction is conducted in a Native American language. (e) Grant duration The Secretary shall make grants under this section only on a multi-year basis. Each such grant shall be for a period not to exceed 5 years. (f) Definition In this section, the term average (g) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of the funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. (2) Exception An elementary school or secondary school for Indian students that receives funds from a recipient of a grant under subsection (c) for any fiscal year may use not more than 10 percent of the funds for administrative purposes. 7133. Improving State and tribal education agency collaboration The Secretary, in consultation with the Director of the Bureau of Indian Education, shall conduct a study of the relationship among State educational agencies, local educational agencies, and other relevant State and local agencies, and tribes or tribal representatives to— (1) identify examples of best practices in collaboration among those entities that result in the provision of better services to Indian students; and (2) provide recommendations on— (A) State educational agency functions that tribal educational agencies could perform; (B) areas and agency functions in which greater State educational agency and tribal education agency collaboration is needed; and (C) other steps to reducing barriers to serving Indian students, especially such students who are at risk of academic failure. . 4 Federal administration 7141. National Advisory Council on Indian Education Section 7141(b)(1) ( 20 U.S.C. 7471(b)(1) and the Secretary of the Interior advise the Secretary 5 Definitions; authorization of appropriations 7151. Definitions; authorization of appropriations Subpart 5 of part A of title VII (20 U.S.C. 7491 et seq.) is amended— (1) in the subpart heading, by striking ; Authorizations of Appropriations (2) by striking section 7152; and (3) in section 7151— (A) by striking paragraph (2); (B) by redesignating paragraph (3) as paragraph (2); and (C) by adding at the end the following: (3) Traditional leaders The term traditional leaders . B Native Hawaiian education; Alaska Native education 7201. Native Hawaiian education and Alaska Native education Title VII ( 20 U.S.C. 7401 et seq. (1) in part B, by striking the part heading and inserting the following: Native Hawaiian education; Alaska Native education (2) by inserting before section 7201 the following: 1 Native Hawaiian education ; (3) in section 7201, by striking part subpart (4) by redesignating part C as subpart 2 of part B; and (5) in subpart 2 of part B, as redesignated by paragraph (4), by striking the heading and inserting Alaska Native education 1 Native Hawaiian education 7202. Findings Section 7202 ( 20 U.S.C. 7512 7202. Findings Congress finds the following: (1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, and many other countries. (2) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands. (3) The political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of Native Hawaiians in many Federal statutes. (4) In 1993, 2005, and 2009, the Kamehameha Schools Bishop Estate released the findings of the Native Hawaiian Educational Assessment Project, which found that despite the successes of the programs established under title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, many of the same educational needs still existed for Native Hawaiians. (5) The percentage of Native Hawaiian students served by the State of Hawaii Department of Education rose 30 percent from 1980 to 2008, and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian population density. (6) The Native Hawaiian people are determined to preserve, develop, and transmit to future generations their ancestral territory and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions. (7) The State of Hawaii, in the constitution and statutes of the State of Hawaii— (A) reaffirms and protects the unique right of the Native Hawaiian people to practice and perpetuate their culture and religious customs, beliefs, practices, and language; (B) recognizes the traditional language of the Native Hawaiian people as an official language of the State of Hawaii, which may be used as the language of instruction for all subjects and grades in the public school system; and (C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and essential means to further the program. . 7203. Purposes Section 7203 ( 20 U.S.C. 7513 7203. Purposes The purposes of this subpart are to— (1) develop, implement, assess, expand, and evaluate innovative educational programs, Native Hawaiian language medium programs, Native Hawaiian culture-based education programs, and other education programs to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs to help such students meet college and career ready State academic content and student academic achievement standards adopted under section 1111(a)(1); (2) provide guidance to appropriate Federal, State, and local agencies to more effectively and efficiently focus resources, including resources made available under this subpart, on the development and implementation of— (A) innovative educational programs for Native Hawaiian students; (B) rigorous and substantive Native Hawaiian language programs; and (C) Native Hawaiian culture-based educational programs; and (3) create a system by which information from programs funded under this subpart will be collected, analyzed, evaluated, reported, and used in decision making activities with respect to the types of grants awarded under this subpart. . 7204. Native Hawaiian Education Council Section 7204 ( 20 U.S.C. 7514 7204. Native Hawaiian Education Council (a) Grant authorized (1) In general In order to better effectuate the purposes of this subpart through the coordination of educational and related services and programs available to Native Hawaiian students, including those programs receiving funding under this subpart, the Secretary shall award a grant to an education council, as described in subsection (b). (2) Duration of grant A grant under this section shall be for a period of 5 years. (3) Funding For each fiscal year, the Secretary shall use the amount described in section 7205(h)(1) to make a payment under the grant. Funds made available through the grant shall remain available until expended. (b) Composition (1) Eligibility To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the Education Council (2) In general The Education Council shall consist of 15 members, of whom— (A) 1 shall be the President of the University of Hawaii (or a designee); (B) 1 shall be the Governor of the State of Hawaii (or a designee); (C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); (D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); (E) 1 shall be the executive director of Hawaii's Charter School Network (or a designee); (F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); (G) 1 shall be the chairperson of the Queen Liliuokalani Trust (or a designee); (H) 1 shall be a member, selected by the other members of the Education Council, who represents a private grant making entity (or a designee); (I) 1 shall be the mayor of the County of Hawaii (or a designee); (J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui); (K) 1 shall be the Mayor of the County of Kauai (or a designee); (L) 1 shall be appointed by the Mayor of Maui County from the Island of either Molokai or Lanai; (M) 1 shall be the Mayor of the City and County of Honolulu (or a designee); (N) 1 shall be the Chairperson of the Hawaiian Homes Commission (or a designee); and (O) 1 shall be the Chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector). (3) Requirements Any designee serving on the Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian education or cultural activities, with traditional cultural experience given due consideration. (4) Limitation A member of the Education Council, including a designee, may not receive, as an individual, grant funds awarded under this subpart while serving on the Education Council. (5) No compensation None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. (6) Administrative provisions relating to education council The Education Council shall meet at the call of the Chair of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. (7) Chair, Vice chair (A) Selection The Education Council shall select a Chair and Vice Chair from among the members of the Education Council. (B) Service The Chair and Vice Chair selected under subparagraph (A) shall each serve for one 2-year term. (c) Use of funds for technical assistance and assessment The Education Council shall use funds made available through the grant under this section to carry out, directly or through subgrant or contract, the following activities: (1) Providing technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this subpart. (2) Obtaining from such grantees information and data regarding grants awarded under this subpart, including information and data about— (A) the effectiveness of such grantees in meeting the educational priorities recommended by the Education Council under subsection (e)(1)(B), using metrics consistent with such priorities; and (B) the effectiveness of such grantees in carrying out any of the activities described in section 7205(c) that are related to the specific goals and purposes of each grantee’s grant project, using metrics consistent with such goals and purposes. (3) Assessing and defining the educational needs of Native Hawaiians. (4) Assessing the programs and services available to address the educational needs of Native Hawaiians. (5) Assessing and evaluating the individual and aggregate impact achieved by grantees under this subpart in improving Native Hawaiian educational performance and meeting the goals of this subpart. (6) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this subpart, relating to Native Hawaiian student education, and serve, where appropriate, in an advisory capacity. (7) Hiring an executive director to enable the Commission to carry out the activities described in this subsection. (d) Use of funds for community consultations The Education Council shall use funds made available through the grant under this section to hold not less than 1 community consultation each year on each of the Islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which— (1) not less than 3 members of the Education Council shall be in attendance; (2) the Education Council shall gather community input regarding— (A) entities that are, at the time of the community consultation, receiving a grant under this subpart; (B) priorities and needs; and (C) other Native Hawaiian educational issues; and (3) the Education Council shall report to the community on the outcomes of the grants awarded under this subpart. (e) Reports (1) Annual education council report The Education Council shall use funds made available through the grant under this section to prepare and submit to the Secretary, before the end of each calendar year, annual reports that contain— (A) a description of the activities of the Education Council during the preceding calendar year; (B) recommendations of the Education Council, if any, regarding priorities to be established under section 7205(b); (C) significant barriers to achieving the goals under this subpart; (D) a summary of each community consultation session, as described in subsection (d); and (E) recommendations to establish funding priorities based on an assessment of— (i) the educational needs of Native Hawaiians; (ii) programs and services currently available to address such needs, including the effectiveness of such programs in improving educational performance of Native Hawaiians; and (iii) priorities for funding in specific geographic communities. (2) Report by the Secretary Not later than 2 years after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary shall prepare and submit to the Committee on Indian Affairs of the Senate and the authorizing committees a report that— (A) summarizes the annual reports of the Education Council; (B) describes the allocation and use of funds under this subpart and the information gathered since the first annual report submitted by the Education Council to the Secretary under this section; and (C) contains recommendations for changes in Federal, State, and local policy to advance the purposes of this subpart. . 7205. Program authorized Section 7205 (20 U.S.C. 7515) is amended to read as follows: 7205. Program authorized (a) Grants and contracts In order to carry out programs that meet the purposes of this subpart, the Secretary is authorized to award grants to, or enter into contracts with— (1) Native Hawaiian educational organizations; (2) Native Hawaiian community-based organizations; (3) public and private nonprofit organizations, agencies, and institutions with experience in successfully developing or operating Native Hawaiian education and workforce development programs or programs of instruction in the Native Hawaiian language; (4) charter schools; and (5) consortia of the organizations, agencies, institutions, and schools described in paragraphs (1) through (4). (b) Priority In awarding grants and entering into contracts under this subpart, the Secretary shall give priority to— (1) programs that meet the educational priorities recommended by the Education Council under section 7204(e)(1)(B); (2) programs designed to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and linguistic needs in order to help such students meet college and career ready academic standards adopted under section 1111(a)(1); and (3) programs in which a State educational agency, local educational agency, institution of higher education, or a State educational agency or local educational agency in partnership with an institution of higher education apply for a grant or contract under this subpart as part of a partnership or consortium. (c) Authorized activities Activities provided through programs carried out under this subpart may include— (1) the development and maintenance of a statewide Native Hawaiian early childhood education system to provide a continuum of high-quality services for Native Hawaiian children from the prenatal period through the age of kindergarten entry; (2) the operation of family-based education centers that provide such services as— (A) programs for Native Hawaiian parents and their infants from the prenatal period of infancy through age 3; (B) preschool programs for Native Hawaiian children; and (C) research on, and development and assessment of, family-based early childhood education programs for Native Hawaiians; (3) activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6; (4) activities to meet the special needs of Native Hawaiian students with disabilities, including— (A) the identification of such students and their needs; (B) the provision of support services to the families of those students; and (C) other activities consistent with the requirements of the Individuals with Disabilities Education Act; (5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— (A) educational, psychological, social, emotional, and developmental activities designed to assist in the educational progress of such students; and (B) activities that involve the parents of such students in a manner designed to assist in the students’ educational progress; (6) the development of academic and career and technical curricula to address the needs of Native Hawaiian children, youth, and adults, including curricula materials in the Hawaiian language and mathematics, science, engineering, and technology curricula that incorporate Native Hawaiian tradition and culture; (7) professional development activities for educators, including— (A) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions; (B) in-service programs to improve the ability of teachers who teach in schools with concentrations of Native Hawaiian students to meet those students’ unique needs; and (C) the recruitment and preparation of Native Hawaiian individuals, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers or leaders; (8) the operation of community-based learning centers that address the needs of Native Hawaiian families and communities through the coordination of public and private programs and services, including— (A) early childhood education programs, including preschool programs; (B) before- and after-school programs and weekend academies; (C) career and technical and adult education programs; and (D) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children and youth and incorporate appropriately qualified Native Hawaiian elders and seniors; (9) activities, including program co-location, to enable Native Hawaiian individuals to enter and complete programs of postsecondary education, including— (A) the provision of full or partial scholarships for undergraduate or graduate study that are awarded to students based on their academic promise and financial need, with a priority, at the graduate level, given to Native Hawaiian students entering professions in which Native Hawaiians are underrepresented; (B) family literacy activities; (C) counseling and support services for students receiving scholarship assistance; (D) counseling and guidance for Native Hawaiian secondary school students who have the potential to receive scholarships; (E) assistance with completing the higher education admissions and financial aid application process; and (F) faculty development activities designed to promote the matriculation of Native Hawaiian students; (10) activities that recognize and support the unique needs of Native Hawaiian youth regarding the completion of quality workforce preparation and training programs and activities, including apprenticeship programs; (11) research and data collection activities to determine the educational status and needs of Native Hawaiian children and youth; (12) other research and evaluation activities related to programs carried out under this subpart; and (13) other activities, consistent with the purposes of this subpart, to meet the educational needs of Native Hawaiian children and youth. (d) Additional activities From funds made available to carry out this subpart, the Secretary shall support the following: (1) The development of a body of Native Hawaiian law. (2) The repair and renovation of public schools that serve high concentrations of Native Hawaiian students. (3) Informal education programs that present traditional Hawaiian knowledge, science, astronomy, and the environment through State museums or learning centers. (4) Public charter schools serving high concentrations of Native Hawaiian students. (5) The perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. (e) Special rule and conditions (1) Institutions outside hawaii The Secretary may not establish a policy under this section that prevents a Native Hawaiian student enrolled at a 2- or 4-year degree-granting institution of higher education outside of the State of Hawaii from receiving a scholarship pursuant to subsection (c)(9)(A). (2) Scholarship conditions The Secretary shall establish conditions for receipt of a scholarship awarded under subsection (c)(9)(A). The conditions shall require that an individual seeking such a scholarship enter into a contract to provide professional services, either during the scholarship period or upon completion of a program of postsecondary education, to the Native Hawaiian community. (f) Treatment of funds (1) In general Except as provided in paragraph (2), funds made available under this subpart shall be used to supplement, and not supplant, any State or local funds used to achieve the purposes of this subpart. (2) Exception Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization that receives a grant or other funds under this subpart. (g) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of funds provided to a recipient of a grant or contract under subsection (a) for any fiscal year may be used for administrative purposes. (2) Exception Not more than 10 percent of funds provided under subsection (a) for any fiscal year to a nonprofit entity serving the Native Hawaiian community may be used for administrative purposes. (h) Reservation; Availability of Funds (1) Reservation From the funds made available to carry out this subpart, the Secretary shall reserve, for each of fiscal years 2012 through 2017, not less than $500,000 for the Education Council. (2) Availability Funds made available to carry out this subpart and funds reserved under this subsection shall remain available until expended. . 7206. Administrative provisions Section 7206 (20 U.S.C. 7516) is amended to read as follows: 7206. Administrative provisions (a) Application required (1) In general No grant may be made under this subpart, and no contract may be entered into under this subpart, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this subpart. (2) Academic projects Applications submitted under this subpart to carry out projects and activities that are academic in nature shall describe— (A) the criteria that will be used to ensure that such projects and activities use evidence-based strategies and methods; and (B) the process through which the applicant will monitor and report such activities, including the achievement of identified objectives. (b) Applications to Education Council The Secretary shall provide to the Education Council a copy of each grant or contract application submitted under this subpart. (c) Annual report (1) In general Each entity that receives a grant under this subpart (except for section 7204) shall submit to the Secretary an annual report, in such form and containing such information as the Secretary may require, that determines the extent to which activities carried out with funds provided under this subpart are effective in improving the educational achievement of Native Hawaiian students served by such funds. (2) Content As a part of the information reported under paragraph (1), each entity that receives a grant under this subpart shall provide data, using information from the most recent year for which data are available, on— (A) the academic achievement of the Native Hawaiian students the entity serves, as measured by the State assessments required under section 1111(a)(2) and the high school graduation rates and institution of higher education attendance rates of those students; and (B) such other measures as the Secretary may prescribe. . 7207. Definitions Section 7207 ( 20 U.S.C. 7517 (1) in the matter preceding paragraph (1), by striking part subpart (2) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (3) by inserting before paragraph (2), as redesignated by paragraph (2), the following: (1) Community consultation The term community consultation (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. . 2 Alaska Native Education 7301. Alaska Native education Subpart 2 of part B of title VII ( 20 U.S.C. 7541 et seq. 7301. Short title This subpart may be cited as the Alaska Native Educational Equity, Support, and Assistance Act 7302. Findings Congress finds the following: (1) The attainment of educational success is critical to the betterment of the conditions, long-term well-being, and preservation of the culture and languages of Alaska Natives. (2) It is the policy of the Federal Government to encourage the maximum participation by Alaska Natives in the planning and the management of Alaska Native education programs and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students. (3) Alaska Native children enter and exit school with serious educational handicaps. (4) The educational achievement of Alaska Native children is far below national norms. Alaska Native performance on standardized tests is low, Alaska Native student dropout rates are high, Natives are significantly underrepresented among holders of baccalaureate degrees in the State of Alaska, and Alaska Natives are more likely than other Alaskans to be without access to employment. As a result, Alaska Native students are being denied their opportunity to become full participants in society and an entire generation is being condemned to an underclass status and a life of limited choices. (5) The programs and activities authorized under this subpart are essential if educational handicaps are to be overcome. (6) The sheer magnitude of the geographic and other barriers to be overcome in delivering educational services in rural Alaska and Alaska villages should be addressed through the development and implementation of innovative, model programs in a variety of areas. (7) Alaska Native children should be afforded the opportunity to begin their formal education on a par with their non-Native peers. The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students. (8) In 1983, pursuant to Public Law 98–63 7303. Purposes The purposes of this subpart are as follows: (1) To address the critical need to meet the unique educational needs of Alaska Natives. (2) To authorize the development and expansion of effective supplemental educational programs to benefit Alaska Natives. (3) To supplement existing programs and authorities in the area of education to further the purposes of this subpart. (4) To provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this subpart, on meeting the educational needs of Alaska Natives. (5) To ensure the maximum participation by Alaska Natives in the planning and management of programs designed to serve Alaska Natives. 7304. Program authorized (a) General authority (1) Grants and contracts The Secretary is authorized to make grants to, or enter into contracts with, the following entities in order to enable such entities to carry out programs that meet the purposes of this subpart: (A) Alaska Native organizations. (B) Educational entities with experience in developing or operating Alaska Native programs or programs of instruction conducted in Alaska Native languages. (C) Cultural and community-based organizations with experience in developing or operating programs to benefit the educational needs of Alaska Natives. (D) Consortia of organizations and entities described in this paragraph. (2) Permissible activities Activities provided through programs carried out under this subpart may include the following: (A) The development and implementation of plans, methods, and strategies to improve the education of Alaska Natives. (B) The development of curricula and programs that address the educational needs of Alaska Native students, including the following: (i) Curricula materials that reflect the cultural diversity, languages, history, or the contributions of Alaska Natives. (ii) Instructional programs that make use of Alaska Native languages and cultures. (iii) Networks that develop, test, and disseminate best practices and introduce successful programs, materials, and techniques to meet the educational needs of Alaska Native students in urban and rural schools. (C) Training and professional development activities for educators, including the following: (i) Pre-service and in-service training and professional development programs to prepare teachers to develop appreciation for and understanding of Alaska Native cultures, values, and ways of knowing and learning in order to effectively address the cultural diversity and unique needs of Alaska Native students. (ii) The recruitment and preparation of teachers who are Alaska Native. (iii) Programs that will lead to the certification and licensing of Alaska Native teachers, principals, and superintendents. (D) The development and operation of home instruction programs for Alaska Native preschool children, to ensure the active involvement of parents in their children's education from the earliest ages. (E) Family literacy activities. (F) The development and operation of student enrichment programs, including such programs in science, technology, engineering, and mathematics that— (i) are designed to prepare Alaska Native students to excel in such subjects; (ii) provide appropriate support services to the families of such students that are needed to enable such students to benefit from the programs; and (iii) include activities that recognize and support the unique cultural and educational needs of Alaska Native children, and incorporate appropriately qualified Alaska Native elders and other tradition bearers. (G) Research and data collection activities to determine the educational status and needs of Alaska Native children and adults. (H) Other research and evaluation activities related to programs carried out under this subpart. (I) Remedial and enrichment programs to assist Alaska Native students to be college or career ready upon graduation from high school. (J) Parenting education for parents and caregivers of Alaska Native children to improve parenting and caregiving skills (including skills relating to discipline and cognitive development), including parenting education provided through in-home visitation of new mothers. (K) Culturally based education programs designed and provided by an entity with demonstrated experience in— (i) providing programs of study, both on site and in local schools, to share the rich and diverse cultures of Alaska Native peoples among youth, elders, teachers, and the larger community; (ii) instructing Alaska Native youth in leadership, communication, Native culture, arts, and languages; (iii) increasing the high school graduation rate of the Alaska Native students who are served; (iv) providing instruction in Alaska Native history and ways of living to students and teachers in the local school district; (v) providing intergenerational learning and internship opportunities to Alaska Native youth and young adults; and (vi) providing cultural immersion activities aimed at Alaska Native cultural preservation. (L) A statewide on-site exchange program, for both students and teachers, involving schools and culture camps that demonstrates effectiveness in facilitating cultural relationships between urban and rural Alaskans to build mutual respect and understanding, and foster a statewide sense of common identity through host family, school, and community cross-cultural immersion. Such a program should be competitively awarded. (M) Activities carried out through Head Start programs carried out under the Head Start Act, including the training of teachers for such programs. (N) Other early childhood education programs. (O) Education programs for at-risk urban Alaska Native students in kindergarten through grade 12 that are operated by tribes or tribal organizations that have demonstrated experience in increasing graduation rates among such students and that— (i) include a culturally informed curriculum intended to preserve and promote Alaska Native culture; (ii) partner effectively with the local educational agency by providing a school-within-a school program model; (iii) provide high-quality academic instruction, small classroom sizes, and social-emotional support for students from elementary school through high school; (iv) work with parents to increase parental involvement in their students’ education; (v) have a proven track record of improving academic proficiency and increasing graduation rates; (vi) provide college preparation and career planning; and (vii) incorporate a strong data collection and continuous evaluation component at all levels of the program. (P) A statewide program that has demonstrated effectiveness in providing technical assistance and support to schools and communities in order to engage adults in promoting the academic progress and overall well-being of young people through strengths-based approaches to child and youth development, positive youth-adult relationships, improved conditions for learning (such as school climate and student connection to school and community), and increased connections between schools and families. (Q) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing career and technical preparation, mentoring, training, and apprenticeship activities. (R) The provision of operational support and the purchase of equipment to develop regional career and technical schools in rural areas of Alaska, including boarding schools, for Alaska Native students in grades 9 through 12, or at higher levels of education, to provide the students with necessary resources to prepare for skilled employment opportunities. (S) Other activities, consistent with the purposes of this subpart, to meet the educational needs of Alaska Native children and adults. (T) Regional leadership academies that demonstrate effectiveness in building respect and understanding and fostering a sense of Alaska Native identity to promote Alaska Native students pursuit of, and success in, completing higher education or career training. (3) Home instruction programs Home instruction programs for Alaska Native preschool children carried out under paragraph (2)(D) may include the following: (A) Programs for parents and their infants, from the prenatal period of the infant through age 3. (B) Preschool programs. (C) Training, education, and support for parents in such areas as reading readiness, observation, story telling, and critical thinking. (b) Limitation on administrative costs Not more than 5 percent of funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. (c) Priorities In awarding grants or contracts to carry out activities described in this subpart, the Secretary shall give priority to applications from Alaska Native regional nonprofit organizations, Alaska Native organizations, or consortia that include not less than 1 Alaska Native regional nonprofit organization. 7305. Administrative provisions (a) Application required No grant may be made under this subpart, and no contract may be entered into under this subpart, unless the entity seeking the grant or contract submits an application to the Secretary in such form, in such manner, and containing such information as the Secretary may determine necessary to carry out the provisions of this subpart. (b) Applications A State educational agency or local educational agency may apply for an award under this subpart only as part of a consortium involving an Alaska Native organization. The consortium may include other eligible applicants. (c) Consultation required Each applicant for an award under this subpart shall provide for ongoing advice from and consultation with representatives of the Alaska Native community. (d) Local educational agency coordination Each entity that applies for an award under this subpart shall inform each local educational agency that serves students who would participate in the program that such entity plans to carry out under the grant or contract about the application described in subsection (a). 7306. Definitions In this subpart: (1) Alaska native The term Alaska Native Native 43 U.S.C. 1602(b) (2) Alaska native organization The term Alaska Native organization (A) has or commits to acquire expertise in the education of Alaska Natives; and (B) has Alaska Natives in substantive and policymaking positions within the tribe, consortium, association, or organization. . VIII Impact aid 8001. Purpose Section 8001 ( 20 U.S.C. 7701 challenging State standards college and career ready State academic content and student academic achievement standards under section 1111(a)(1) 8002. Payments relating to Federal acquisition of real property (a) Amendments Section 8002 ( 20 U.S.C. 7702 (1) in subsection (b)(1)(B), by striking 8014(a) 3(aa)(1) (2) in subsection (f)— (A) by aligning the margins of paragraphs (2) and (3) with the margins of paragraph (1); and (B) by striking paragraphs (4) and (5); (3) by striking subsection (g) and inserting the following: (g) Former districts (1) Consolidations For fiscal year 2006 and all succeeding fiscal years, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility and any amount for which the local educational agency is eligible under this section for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency. (2) Eligible local educational agencies A local educational agency referred to in paragraph (1) is— (A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as the section was in effect for that fiscal year; or (B) a local educational agency formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of consolidation, if— (i) for fiscal years 2006 through 2013, the local educational agency had notified the Secretary of the designation not later than 30 days after the date of enactment of the Strengthening America's Schools Act of 2013; and (ii) for fiscal year 2014, and any subsequent fiscal year, the local educational agency includes the designation in its application under section 8005 or any timely amendment to such application. (3) Availability of funds Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2005, the Secretary may obligate funds remaining after final payments have been made from any of such fiscal years to carry out this subsection. ; (4) in subsection (h)— (A) in the matter preceding paragraph (1), by striking 8014(a) 3(aa)(1) (B) in paragraph (1)(C), by striking 8014(a) 3(aa)(1) (C) in paragraph (2)— (i) in subparagraph (C)(ii), by striking 8014(a) 3(aa)(1) (ii) in subparagraph (D), by striking 8014(a) of this title 3(aa)(1) (5) by striking paragraph (1) of subsection (i) and inserting the following: (1) In general The calculation of the foundation payment under subsection (h)(1)(B) for a local educational agency described in paragraph (2) of this subsection shall be equal to 90 percent of the payment received in fiscal year 2005, for fiscal year 2009 and each succeeding fiscal year. ; (6) by striking subsections (k) and (m); (7) by redesignating subsections (l) and (n) as subsections (j) and (k), respectively; (8) in subsection (j) (as redesignated by paragraph (7)), in the matter preceding paragraph (1), by striking (h)(4)(B) (h)(3) (9) by adding at the end the following: (l) Records The Secretary may base a determination of eligibility under subsection (a)(1) on original records (including facsimiles or other reproductions of those records) documenting the assessed value of real property, prepared by a legally authorized official as of the time of the Federal acquisition, or other records that the Secretary determines to be appropriate and reliable, including Federal agency records or local historical records. . (b) Effective date Notwithstanding section 5(d), this section, and the amendments made by this section, shall take effect with respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965 on or after the date of enactment of this Act. 8003. Payments for eligible federally connected children Section 8003 ( 20 U.S.C. 7703 (1) in subsection (a)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after of such agency (including those children enrolled in a State that has a State open enrollment policy but not including children enrolled in a distance learning program who are not residing within the geographic boundaries of the agency) (B) in paragraph (5)(A), by inserting after 1984, or under lease of off-base property under subchapter IV of chapter 169 10 U.S.C. 2871 et seq. (2) in subsection (b)— (A) in each of paragraphs (1)(A) and (2)(A)(i), by striking 8014(b) 3(aa)(2) (B) in paragraph (2)— (i) in subparagraph (B)— (I) in the subparagraph heading, by striking continuing (II) by striking clauses (i) and (ii) and inserting the following: (i) In general A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I) is a local educational agency whose boundaries are the same as a Federal military installation, or whose boundaries are the same as island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government, and that has no taxing authority; (II) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; (bb) has a per-pupil expenditure that is less than— (AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or (BB) for an agency that has a total student enrollment of less than 500 students, 150 percent of the average per-pupil expenditure of the State in which the agency is located, or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc) is an agency that— (AA) has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or (BB) was eligible to receive a payment under this subsection for fiscal year 2012 and is located in a State that by State law has eliminated ad valorem tax as a revenue source for local educational agencies; (III) is a local educational agency that has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency which is not less than 30 percent, and has a tax rate for general fund purposes which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; or (IV) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) Loss of eligibility (I) In general A heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of such clause for the subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. (II) Exception Notwithstanding subclause (I) and clause (i), a local educational agency that obtains eligibility for a basic support payment under subparagraph (A) by meeting the requirements of clause (i)(II) for a fiscal year and, for the subsequent fiscal year, meets all of the requirements of such clause except for the requirement of item (cc) of such clause, shall be eligible to receive a basic support payment under subparagraph (A). If, for the next subsequent fiscal year, such local educational agency again fails to meet the requirement of such item (cc), the local educational agency shall be ineligible to receive a basic support payment under subparagraph (A), except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. ; and (III) by adding at the end the following: (iv) Special rule Notwithstanding clause (i)(II)(aa), a local educational agency shall be considered eligible to receive a basic support payment under subparagraph (A) with respect to the number of children determined under subsection (a)(1) for a fiscal year if the agency— (I) has an enrollment of children described in subsection (a)(1), including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that constitutes a percentage of the total student enrollment of the agency that is not less than 35 percent; (II) was eligible to receive assistance under this paragraph for fiscal year 2001; and (III) meets the requirements of items (bb) and (cc) of clause (i)(II) for the fiscal year for which the determination is being made. (v) Application With respect to the first fiscal year for which a heavily impacted local educational agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect to the first fiscal year for which a heavily impacted local educational agency applies for a basic support payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal years, the agency shall apply for such payment at least 1 year prior to the start of that first fiscal year. ; (ii) by striking subparagraphs (C) and (D) and inserting the following: (C) Maximum amount for heavily impacted local educational agencies (i) In general Except as provided for in subparagraph (D), the maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— (I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or (II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made. (ii) Special rules (I) Calculations for local educational agencies with large numbers of certain eligible children (aa) In general In the case of a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) of subsection (a)(1), and that has an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency's total enrollment, the Secretary shall calculate the weighted student units of the children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb) Exception Notwithstanding subclause (I), any local educational agency that received a payment under this clause for fiscal year 2006, shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency's total enrollment for purposes of subclause (I). (II) Calculations for local educational agencies with small numbers of eligible children For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. (III) Calculations for certain other local educational agencies For a local educational agency that does not qualify under paragraph (2)(B)(i)(I) and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. (D) Maximum amount for large heavily impacted local educational agencies (i) Applicable formula (I) In general Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). (II) Large heavily impacted local educational agencies A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) Factor For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35. ; (iii) by striking subparagraph (E); (iv) by redesignating subparagraphs (F) through (H) as subparagraph (E) through (G), respectively; (v) in subparagraph (E) (as redesignated by clause (iv))— (I) by striking clause (ii); (II) by striking ; and (III) by striking the Secretary shall use the Secretary shall use (vi) in subparagraph (F) (as redesignated by clause (iv)), in the matter preceding clause (i), by striking (C)(i)(II)(bb) (B)(i)(II)(bb) (vii) in subparagraph (G) (as redesignated by clause (iv))— (I) in clause (i)— (aa) by striking (B), (C), (D), or (E), (B), (C), or (D), (bb) by striking by reason of due to (cc) by inserting after clause (iii) or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense, force structure change, or force relocation, (dd) by inserting before the period at the end the following: or during such time as activities associated with base realignment and closure, modularization, force structure change, or force relocation are ongoing (II) in clause (ii), by striking (D) or (E) (C) or (D) (viii) by adding at the end the following: (H) Special rule The Secretary shall— (i) deem each local educational agency that received a fiscal year 2009 basic support payment for heavily impacted local educational agencies under this paragraph as eligible to receive a basic support payment for heavily impacted local educational agencies under this paragraph for each of fiscal years 2011, 2012, 2013, and 2014; and (ii) make a payment to such local educational agency under such section for each of fiscal years 2011, 2012, 2013, and 2014. (I) Continued eligibility for a heavily impacted local educational agency entering into an intergovernmental cooperative agreement with a State educational agency For any fiscal year, a heavily impacted local educational agency that received a basic support payment under this paragraph for the fiscal year prior to the fiscal year for which such local educational agency entered into an intergovernmental cooperative agreement with a State educational agency shall remain eligible to receive a basic support payment under this paragraph for the duration of the intergovernmental cooperative agreement, but in no case for more than 5 years. ; and (C) in paragraph (3)— (i) in subparagraph (A), by striking 8014(b) 3(aa)(2) (ii) in subparagraph (B)— (I) by redesignating clause (iv) as clause (v); and (II) by inserting after clause (iii) the following: (iv) In the case of a local educational agency that is providing a program of distance learning to children not residing within the geographic boundaries of the agency, the Secretary shall disregard such children from such agency's total enrollment when calculating the percentage under clause (i)(I) and shall disregard any funds received for such children when calculating the total current expenditures attributed to the operation of such agency when calculating the percentage under clause (i)(II). ; (iii) in subparagraph (C), by striking subparagraph (D) or (E) of paragraph (2), as the case may be paragraph (2)(D) (iv) by striking subparagraph (D) and inserting the following: (D) Ratable distribution (i) In general For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(aa)(2) exceed the amount required to pay each local educational agency 100 percent of the local educational agency’s threshold payment under subparagraph (B) or (C), the Secretary shall distribute such excess sums to each eligible local educational agency that has not received the agency’s maximum payment amount computed under paragraph (1) or (2) (as the case may be) by multiplying— (I) a percentage, the denominator of which is the difference between the maximum payment amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs (B) and (C)) of all local educational agencies, and the numerator of which is the aggregate amount of funds appropriated under section 3(aa)(2) that exceeds the amount of such threshold payments for all local educational agencies; by (II) the difference between the maximum payment amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) for the agency. (ii) Insufficient payments For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(aa)(2) are insufficient to pay each local educational agency all of the local educational agency’s threshold payment described in clause (i), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. (iii) Increases If the sums appropriated under section 3(aa)(2) are sufficient to increase the threshold payment above the 100 percent threshold payment described in clause (i), then the Secretary shall increase payments on the same basis as such payments were reduced, except no local educational agency may receive a payment amount greater than 100 percent of the maximum payment calculated under this subsection. ; (3) in subsection (c), by amending paragraph (2) to read as follows: (2) Exception Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— (A) is newly established by a State, for the first year of operation of such agency only; (B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of Interior, or the heads of other Federal agencies)— (i) of not less than 10 percent, or 100 students, of children described in— (I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or (II) subparagraph (F) or (G) of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of the Interior; and (ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of Interior or the head of another Federal agency; or (C) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary)— (i) of not less than 10 percent of children described in subsection (a)(1), or not less than 100 of such children; and (ii) that is the direct result of the closure of a local educational agency that received a payment under paragraph (1) or (2) of subsection (b) in the previous fiscal year. ; (4) in subsection (d)(1), by striking 8014(c) 3(aa)(3) (5) in subsection (e)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) In general Subject to paragraph (2), the total amount the Secretary shall pay a local educational agency under subsection (b)— (A) for fiscal year 2014, shall not be less than 90 percent of the total amount that the local educational agency received under paragraphs (1) and (2) of subsection (b) for fiscal year 2013; (B) for fiscal year 2015, shall not be less than 85 percent of the total amount that the local educational agency received under paragraphs (1) and (2) of subsection (b) for fiscal year 2013; and (C) for fiscal year 2016, shall not be less than 80 percent of the total amount that the local educational agency received under paragraphs (1) and (2) of subsection (b) for fiscal year 2013. ; and (B) by redesignating paragraph (3) as paragraph (2); and (6) by striking subsection (g). 8004. Construction Section 8007 ( 20 U.S.C. 7707 (1) by striking 8014(e) 3(aa)(4) (2) in subsection (a)(2), by adding at the end the following: (C) The agency is eligible under section 8003(b)(2) or is receiving a basic support payment under circumstances described in section 8003(b)(2)(B)(ii). . 8005. Facilities Section 8008(a) ( 20 U.S.C. 7708(a) 8014(f) 3(aa)(5) 8006. Federal administration Section 8010 ( 20 U.S.C. 7710 (1) in subsection (c)(2)(E), by striking under section 8003(b) under this title. (2) in subsection (d)(2), by striking section 8014 section 3(aa) 8007. Definitions Section 8013 ( 20 U.S.C. 7713 (1) in paragraph (1), by striking and Marine Corps Marine Corps, and Coast Guard (2) in paragraph (5)(A)(iii)(II), by striking Stewart B. McKinney Homeless Assistance Act McKinney-Vento Homeless Assistance Act 8008. Conforming amendment Title VIII (20 U.S.C. 7701 et seq.) is amended by striking section 8014. 8009. Eligibility for impact aid payment (a) Local educational agencies Notwithstanding section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) (b) Computation Notwithstanding any other provision of law, federally connected children (as determined under section 8003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a))) who are in attendance in the North Shore District 112, Township High School District 113, Glenview Public School District 34, and Glenbrook High School District 225 described in subsection (a), shall be considered to be in attendance in the North Chicago Community Unit School District 187 described in subsection (a) for purposes of computing the amount that the North Chicago Community Unit School District 187 is eligible to receive under subsection (b) or (d) of section 8003 of such Act if— (1) such school districts have entered into an agreement for such students to be so considered and for the equitable apportionment among all such school districts of any amount received by the North Chicago Community Unit School District 187 under such section; and (2) any amount apportioned among all such school districts pursuant to paragraph (1) is used by such school districts only for the direct provision of educational services. 8010. Repeal of sunset under the NDAA amendments to Impact Aid Section 563(c) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) in the heading, by striking , implementation, and repeal and implementation (2) in paragraph (1), by striking for a 2-year period (3) by striking paragraph (4). IX General provisions 9101. Definitions (a) In general Section 9101 ( 20 U.S.C. 7801 9101. Definitions Except as otherwise provided, in this Act: (1) Adjusted cohort; entering cohort; transferred into; transferred out (A) Adjusted cohort Subject to clauses (ii) and (iii) of subparagraph (D) and subparagraphs (E) through (G), the term adjusted cohort (i) the sum of— (I) the entering cohort; plus (II) any students that transferred into the cohort in any of grades 9 through 12; minus (ii) any students that are removed from the cohort as described in subparagraph (E). (B) Entering cohort The term entering cohort (C) Transferred into The term transferred into (i) was a first-time student in grade 9 during the same school year as the entering cohort; and (ii) enrolls after the entering cohort is calculated as described in subparagraph (B). (D) Transferred out (i) In general The term transferred out (I) to another school from which the student is expected to receive a regular secondary school diploma; or (II) to another educational program from which the student is expected to receive a regular secondary school diploma. (ii) Confirmation requirements (I) Documentation required The confirmation of a student’s transfer to another school or educational program described in clause (i) requires documentation from the receiving school or program that the student enrolled in the receiving school or program. (II) Lack of confirmation A student who was enrolled, but for whom there is no confirmation of the student having transferred out, shall remain in the cohort as a nongraduate for reporting and accountability purposes under this Act. (iii) Programs not providing credit A student enrolled in a GED or other alternative educational program that does not issue or provide credit toward the issuance of a regular secondary school diploma shall not be considered transferred out and shall remain in the adjusted cohort. (E) Cohort removal To remove a student from a cohort, a school or local educational agency shall require documentation to confirm that the student has transferred out, emigrated to another country, or is deceased. (F) Treatment of other departures and withdrawals A student who was retained in a grade, enrolled in a GED program or other program that provides a recognized equivalent of a secondary school diploma, aged out of a secondary school or secondary school program, or left secondary school for any other reason, including expulsion, shall not be considered transferred out, and shall remain in the adjusted cohort. (G) Special rule For secondary schools that start after grade 9, the entering cohort shall be calculated 1 month after the start of the secondary school’s academic year in the earliest secondary school grade at the secondary school. (2) Advanced Placement or International Baccalaureate course The term Advanced Placement or International Baccalaureate course (A) a course of postsecondary-level instruction provided to middle school or secondary school students, terminating in an Advanced Placement or International Baccalaureate examination; or (B) another highly rigorous, evidence-based, postsecondary preparatory program terminating in— (i) an examination or courses that are widely accepted for credit at institutions of higher education; or (ii) another examination or courses approved by the Secretary. (3) Advanced Placement or International Baccalaureate examination The term Advanced Placement or International Baccalaureate examination (4) Authorizing committees The term authorizing committees (5) Average daily attendance (A) In general Except as provided otherwise by State law or this paragraph, the term average daily attendance (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) Conversion The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) Special rule If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school served by another local educational agency, the Secretary shall, for the purpose of this Act— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (6) Average per-pupil expenditure The term average per-pupil expenditure (A) without regard to the source of funds— (i) the aggregate current expenditures, during the most recent fiscal year for which satisfactory data are available, of all local educational agencies in the State or, in the case of the United States, for all States (which, for the purpose of this paragraph, means the 50 States and the District of Columbia); plus (ii) any direct current expenditures by the State for the operation of those agencies; divided by (B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that year. (7) Charter management organization The term charter management organization (8) Child The term child (9) Child with a disability The term child with a disability (10) Conditions for learning The term conditions for learning (A) promote physical, mental, and emotional health; (B) ensure the safety of students and staff; (C) promote social, emotional, and character development; and (D) have the following attributes: (i) Provide opportunities for physical activity and good nutrition. (ii) Are free of violence, harassment, and weapons. (iii) Prevent use and abuse of drugs and controlled substances. (iv) Help staff and students to model positive social and emotional skills. (v) Employ adults who have high expectations for student conduct, character, and academic achievement. (vi) Engage parents and family members in meaningful and sustained ways to promote positive student academic achievement and developmental outcomes. (11) Consolidated local application The term consolidated local application (12) Consolidated local plan The term consolidated local plan (13) Consolidated State application The term consolidated State application (14) Consolidated State plan The term consolidated State plan (15) Core academic subjects The term core academic subjects (16) Covered program The term covered program (A) part A of title I; (B) part C of title I; (C) part D of title I; (D) part A of title II; (E) part A of title III; (F) part B of title IV; and (G) subpart 2 of part B of title VI. (17) Current expenditures The term current expenditures (A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but (B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I. (18) Department The term Department (19) Developmental delay The term developmental delay 20 U.S.C. 1432 (20) Distance learning The term distance learning (21) Early childhood education program The term early childhood education program 20 U.S.C. 1003 (22) Educational service agency The term educational service agency (23) Elementary school The term elementary school (24) English learner The term English learner (A) who is aged 3 through 21; (B) who is enrolled or preparing to enroll in an elementary school or secondary school; (C) (i) who was not born in the United States or whose native language is a language other than English; (ii) (I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual— (i) the ability to meet or exceed the State student academic achievement standards under section 1111(a)(1) in a subject for the individual's grade level, as determined based on the State academic assessments described in section 1111(a)(2); (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or (iii) the opportunity to participate fully in society. (25) Evidence-based The term evidence-based (A) based on a comprehensive, unbiased review and weighing of 1 or more evaluation studies that— (i) have been carried out consistent with the principles of scientific research; (ii) have strong internal and external validity; and (iii) support the direct attribution of 1 or more outcomes to the program, practice, or policy; or (B) in the absence of any study described in subparagraph (A), based on a comprehensive, unbiased review and weighing of data analysis, research, or 1 or more evaluation studies of relevant programs, practices, or policies, that— (i) were carried out consistent with the principles of scientifically based research; and (ii) are accompanied by strategies to generate more robust evidence over time through research, evaluation, and data analysis, including— (I) the measurement of performance with reliable process and outcome indicators; and (II) the implementation of evaluations with strong internal and external validity where feasible and appropriate. (26) Expanded learning time The term expanded learning time (A) instruction in core academic subjects; (B) instruction in other subjects and enrichment and other activities that contribute to a well-rounded education, including music and the arts, physical education, and experiential and work-based learning; and (C) instructional and support staff to collaborate, plan, and engage in professional development, including on family and community engagement, within and across grades and subjects. (27) Family literacy activities The term family literacy activities (A) are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable improvements in the literacy rates of a family; (B) better enable parents to support their children’s learning needs; and (C) integrate all of the following activities: (i) Parent adult education and literacy activities that lead to readiness for postsecondary education or training, career advancement, and economic self-sufficiency. (ii) Interactive literacy activities between parents and their children. (iii) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (iv) Age-appropriate education to prepare children for success in school and life experiences. (28) Family member The term family member (29) Former english learner The term former English learner (30) Free public education The term free public education (A) at public expense, under public supervision and direction, and without tuition charge; and (B) as elementary or secondary education, as determined under State law, except that, notwithstanding State law, such term— (i) includes preschool education; and (ii) does not include any education provided beyond grade 12. (31) Gifted and talented The term gifted and talented (32) Graduation rates The term graduation rates (A) A 4-year adjusted cohort graduation rate for a school year, defined as the percent obtained by calculating the product of— (i) the result of— (I) the number of students who— (aa) formed the adjusted cohort 4 years earlier; and (bb) graduate in 4 years or less with a regular secondary school diploma; divided by (II) the number of students who formed the adjusted cohort for that year’s graduating class 4 years earlier; multiplied by (ii) 100. (B) A cumulative graduation rate for a school year, defined as the percent obtained by calculating the product of— (i) the result of— (I) the sum of— (aa) the number of students who— (AA) form the adjusted cohort for that year's graduating class; and (BB) graduate in 4 years or less with a regular secondary school diploma; plus (bb) the number of additional students from previous cohorts who graduate with a regular secondary school diploma by the end of the school year in— (AA) more than 4 years but not more than 6 years; or (BB) before exceeding the age for eligibility for a free appropriate public education (as defined in section 602 of the Individuals with Disabilities Education Act) under State law; divided by (II) the sum of— (aa) the number of students who form the adjusted cohort for that year’s graduating class; plus (bb) the number of additional student graduates described in subclause (I)(bb); multiplied by (ii) 100. (33) High school The term high school (A) grants a diploma, as defined by the State; and (B) includes, at least, grade 12. (34) Highly qualified teacher (A) In general The term highly qualified teacher (i) with respect to any public elementary school, middle school, or high school teacher teaching in a State, a teacher who— (I) (aa) has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing examination, and holds a license to teach in the State, except that when used with respect to any teacher teaching in a charter school, the term means that the teacher meets the requirements set forth in the State’s charter school law; or (bb) has passed a rigorous State test for subject matter knowledge and is making satisfactory progress towards obtaining full certification or licensure within 3 years through participation in a high-quality, State-approved alternative certification program; and (II) has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; (ii) with respect to— (I) an elementary school teacher who is new to the profession, that the teacher holds at least a bachelor’s degree and— (aa) if teaching more than a single subject, has demonstrated, by receiving a passing score on a rigorous State test, subject knowledge and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum (which may consist of passing a State-required certification or licensing test or tests in reading, writing, mathematics, and other areas of the basic elementary school curriculum); or (bb) if teaching a single subject, meets either the requirement in item (aa) or (bb) of subclause (II); and (II) a middle school or high school teacher who is new to the profession, that the teacher holds at least a bachelor’s degree and has demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by— (aa) receiving a passing score on a rigorous State academic subject test in each of the academic subjects in which the teacher teaches (which may consist of a passing level of performance on a State-required certification or licensing test or tests in each of the academic subjects the teacher teaches); or (bb) successful completion, in each of the academic subjects in which the teacher teaches, of an academic major, a graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing; and (iii) with respect to an elementary school, middle school, or high school teacher who is not new to the profession, that the teacher holds at least a bachelor’s degree and— (I) has met the applicable standard in subclause (I) or (II) of clause (ii), which includes an option for a test; or (II) demonstrates competence in all the academic subjects in which the teacher teaches based on a high objective uniform State standard of evaluation, which may include multiple subjects, that— (aa) is set by the State for both grade-appropriate academic subject-matter knowledge and teaching skills; (bb) is aligned with State academic content and student academic achievement standards under section 1111(a)(1) and developed in consultation with core content specialists, teachers, principals, and school administrators; (cc) provides objective, coherent information about the teacher’s attainment of core content knowledge in the academic subjects in which a teacher teaches; (dd) is applied uniformly to all teachers in the same academic subject and the same grade level throughout the State; (ee) takes into consideration, but is not based primarily on, the time the teacher has been teaching in the academic subject; (ff) is made available to the public on request; and (gg) may involve multiple, objective measures of teacher competency. (B) Special rule Notwithstanding the requirements of subparagraph (A), a State may deem a teacher to be a highly qualified teacher for purposes of this Act, if the teacher is— (i) a teacher with a bachelor’s degree who has received and maintained, for the State in which the teacher teaches, a rating in the highest categories of a professional growth and improvement system; (ii) a teacher in a rural local educational agency, as described in section 6211(d), who teaches multiple subjects, if the teacher is a highly qualified teacher in 1 of the core academic subjects that the teacher teaches and becomes highly qualified in the additional subjects in not more than 3 years by meeting the requirements of clause (ii) or (iii) of subparagraph (A); (iii) a science teacher who holds a broad field science or individual science certification or licensure and whom the State determines is highly qualified for purposes of this paragraph; (iv) a teacher who has been determined to be highly qualified by the State as of the day before the date of enactment of the Strengthening America's Schools Act of 2013; or (v) a teacher who is a participant in an exchange visitor program and whom the State determines is highly qualified for the purposes of this paragraph. (C) Special education teachers The definition of the term highly qualified teacher (35) High-need local educational agency The term high-need local educational agency (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; (B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; or (C) that is in the highest quartile of local educational agencies in the State, based on student poverty. (36) High-need school (A) In general The term high-need school (i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools. (B) Low-income family For purposes of subparagraph (A), the term low-income family (i) in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (ii) receiving assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (iii) in which the children are eligible to receive medical assistance under the Medicaid program. (37) Institution of higher education The term institution of higher education Higher Education Act of 1965 (38) Leading indicators The term leading indicators (A) average student attendance rates; (B) teacher attendance rates; (C) on-time grade promotion; (D) credit accumulation rates; (E) expulsion, suspension, violence, and harassment rates; (F) teacher retention and turnover rates; (G) percentage of students failing a core, credit-bearing course; and (H) entrance and placement examinations, and preparation courses, for postsecondary education. (39) Local educational agency (A) In general The term local educational agency (B) Administrative control and direction The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school. (C) Bie schools The term includes an elementary school or secondary school funded by the Bureau of Indian Education but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. (D) Educational service agencies The term includes educational service agencies and consortia of those agencies. (E) State educational agency The term includes the State educational agency in a State in which the State educational agency is the sole educational agency for all public schools. (40) Magnet school The term magnet school (41) Multi-tier system of supports The term multi-tier system of supports (42) Mutual consent The term mutual consent (A) the principal or hiring team and the teacher agree to the placement at a school; (B) the principal or hiring team selects teachers for the school from an unrestricted pool of internal and external candidates based on an assessment of the qualifications of the individual candidates; and (C) the local educational agency ensures that other schools served by the local educational agency are not being forced to accept teachers displaced from persistently low-achieving schools. (43) Native american and native american language The terms Native American Native American language 25 U.S.C. 2902 (44) Outlying area The term outlying area (A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; (B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (C) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (45) Parent The term parent (46) Positive behavioral interventions and supports The term positive behavioral interventions and supports (47) Poverty line The term poverty line (48) Professional development The term professional development (A) are designed and implemented to improve student achievement and classroom practice; (B) are aligned with— (i) State academic content standards and student academic achievement standards developed under section 1111(a)(1); (ii) related academic and school improvement goals of the school, local educational agency, and, as appropriate, statewide and local curricula; and (iii) rigorous teaching standards; (C) increase educators’— (i) knowledge and understanding about how students learn; (ii) academic content knowledge; (iii) ability to analyze student work and achievement data from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis; and (iv) ability to instruct students with disabilities and English learners so that they are able to meet the State academic content standards and student academic achievement standards; (D) are informed by, and aligned with, such educators’ evaluations under the applicable professional growth and improvement system; (E) are job-embedded, ongoing, collaborative, data-driven, and classroom-focused; and (F) are, as appropriate— (i) designed to provide educators with the knowledge and skills to work more effectively with parents and families; and (ii) provided jointly for school staff and other early childhood education program providers, where applicable, to address the transition to elementary school, including issues related to school readiness across all major domains of early learning. (49) Professional growth and improvement system (A) In general The term professional growth and improvement system (i) provides meaningful feedback to teachers and principals on the results of their evaluation; (ii) establishes multiple categories of teacher and principal performance to ensure that the evaluation provides meaningful differentiation and is aligned with student academic achievement results; (iii) evaluates teachers and principals regularly consistent with research and best practices, including by using multiple measures; (iv) is directly aligned with professional development activities; (v) is developed and implemented with teacher and principal involvement; (vi) provides training for the evaluators who are responsible for conducting classroom and school level observations; (vii) for principals— (I) is based in significant part on evidence of improved student academic achievement and growth and student outcomes, including the English language proficiency of English learner students, and evidence of providing strong instructional leadership and support to teachers and other staff; and (II) may include other measures of principal performance such as parent and family engagement; and (viii) for teachers, is based in significant part on each of the following: (I) Evidence of improved student academic achievement and growth that is limited to evidence-based or externally validated measures. (II) Observations of classroom teaching. (III) Other measures that inform teacher performance, which may include student perception surveys. (B) Rules of construction Nothing in this paragraph shall be construed to— (i) require a State or local educational agency to change the components of a teacher and principal evaluation system that has been approved by the Secretary pursuant to the Secretary's waiver authority under section 9401 on the day before the date of enactment of the Strengthening America's Schools Act of 2013; and (ii) alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (50) Regular secondary school diploma (A) In general The term regular secondary school diploma (B) Exception for students with significant cognitive disabilities For a student who has a significant cognitive disability and is assessed using an alternate assessment aligned to alternate academic achievement standards under section 1111(a)(1)(C), receipt of a regular secondary school diploma or a State-defined alternate diploma aligned with completion of the student's right to a free appropriate public education under the Individuals with Disabilities Education Act shall be counted as graduating with a regular secondary school diploma for the purposes of this Act, except that not more than 1 percent of students served by a State or a local educational agency, as appropriate, shall be counted as graduates with a regular secondary school diploma under this subparagraph. (51) Scientifically based research The term scientifically based research (A) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and (B) includes research that— (i) employs systematic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators; (iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls; (v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and (vi) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. (52) Scientifically valid research The term scientifically valid research (53) Secondary school The term secondary school (54) Secretary The term Secretary (55) Specialized instructional support personnel; specialized instructional support services (A) Specialized instructional support personnel The term specialized instructional support personnel (B) Specialized instructional support services The term specialized instructional support services (56) State The term State (57) State advisory council on early childhood education and care The term State Advisory Council on Early Childhood Education and Care (58) State educational agency The term State educational agency (59) Student with interrupted formal education The term student with interrupted formal education (A) enrolled in a United States school after grade 2; (B) has completed successfully 2 or more years less of schooling than students of the same age; (C) performs 2 years or more below grade level, as measured by State college and career ready student academic achievement standards; and (D) is preliterate in such student’s first language. (60) Teacher mentoring The term teacher mentoring (A) includes clear criteria for the selection of mentors that takes into account the mentor’s— (i) effectiveness; and (ii) ability to facilitate adult learning; (B) provides high-quality training for mentors in how to support teachers or principals effectively; (C) provides regularly scheduled time for collaboration, examination of student work and achievement data, and ongoing opportunities for mentors and mentees to observe each other’s teaching or leading, and identify and address areas for improvement; and (D) matches mentees with mentors in the same field, grade, grade span, or subject area. (61) Teacher of english learners The term teacher of English learners (A) teaches students who are identified as English learners; (B) has as a primary role to support English learners with English language acquisition; and (C) is responsible for tracking the progress toward English proficiency of English learners. (62) Turnaround partner The term turnaround partner (63) Universal design for learning The term universal design for learning (64) Young child The term young child . (b) Conforming amendments The Act ( 20 U.S.C. 6301 et seq. (1) in section 1604(b) ( 20 U.S.C. 6574(b) the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate the authorizing committees (2) in section 3122(b) ( 20 U.S.C. 6843(b) the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the authorizing committees (3) in section 9401(e)(4) ( 20 U.S.C. 7861(e)(4) the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the authorizing committees 9102. Unsafe school choice option Section 9532(a) ( 20 U.S.C. 7912(a) attending victim of who is threatened with, or becomes a victim of, 9103. Geographic diversity Subpart 2 of part E of title IX (20 U.S.C. ) is amended by adding at the end the following: 9537. Geographic diversity When awarding grants on a competitive basis under this Act, the Secretary shall ensure geographic diversity. . 9104. Evaluation authority Section 9601 (20 U.S.C. 7941) is amended to read as follows: 9601. Evaluation authority (a) Reservation of funds Except as provided in subsection (b), the Secretary may reserve not less than 1 percent and not more than 3 percent of the amount appropriated to carry out each categorical program and demonstration project authorized under this Act. The reserved amounts shall be used by the Secretary, acting through the Director of the Institute of Education Sciences, to— (1) conduct— (A) comprehensive, high-quality evaluations of the program or project that— (i) provide information to inform policy-making and to support continuous program improvement; and (ii) use methods appropriate for the questions being asked; and (B) impact evaluations that employ experimental or quasi-experimental designs, where practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal inferences; (2) provide technical assistance to grant recipients on— (A) the conduct of the evaluation activities that the grantees carry out under this Act; and (B) the collection and reporting of performance data relating to the program or project; (3) evaluate the aggregate short- and long-term effects and cost efficiencies across Federal programs assisted or authorized under this Act and related Federal preschool, elementary, and secondary programs under any other Federal law; (4) increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program or project by improving the quality, timeliness, efficiency, dissemination, and use of information relating to performance under the program or project; and (5) identify and disseminate research and best practices related to the programs and projects authorized under this Act to build the evidence base for the programs and projects that effectively meet the goals of this Act. (b) Title I The Secretary shall reserve under subsection (a) 1 percent of the funds appropriated to carry out title I. (c) Evaluation plan Beginning not later than 1 year after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary shall annually develop and submit to Congress a plan that— (1) describes the timeline for evaluation of the programs and projects authorized under this Act; and (2) describes the specific evaluation activities that the Secretary intends to carry out for such programs and projects during the next year. (d) Evaluation activities authorized elsewhere If, under any other provision of this Act (other than title I), funds are authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may not reserve additional funds under this section for the evaluation of that program or project. (e) Special rule regarding allocation for impact evaluations The Secretary shall use not less than 30 percent of the funds reserved under this section for each of the fiscal years 2014 through 2019, in the aggregate for each year, for impact evaluations that meet the requirements of subsection (a)(1). . 9105. Conforming amendments (a) Reorganization Title IX ( 20 U.S.C. 7801 et seq. G Miscellaneous provisions . (b) Conforming amendments Title IX (20 U.S.C. 7801 et seq.) is amended— (1) in section 9401 ( 20 U.S.C. 7861 (A) in subsection (b)(1)(C), by striking , in accordance with section 1111(b), (B) in subsection (c), by striking subpart 1 of part B of title V subpart 1 of part D of title V (2) by striking paragraph (1) of section 9501(b) ( 20 U.S.C. 7881(b) (1) In general This section applies to programs under— (A) part C of title I; (B) part A of title II, to the extent provided in paragraph (3); (C) part A of title III; (D) part A of title IV; (E) part B of title IV; (F) part D of title IV; and (G) part E of title IV. ; and (3) in section 9534(b) ( 20 U.S.C. 7914(b) part B of title V part D of title V X Commission on Effective Regulation and Assessment Systems for Public Schools 10011. Short title This title may be cited as the Commission on Effective Regulation and Assessment Systems for Public Schools Act 10012. Definitions In this title: (1) Chairperson The term Chairperson (2) Commission The term Commission 10013. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a commission to be known as the Commission on Effective Regulation and Assessment Systems for Public Schools (b) Purpose The Commission shall— (1) examine Federal, State, and local regulatory requirements on elementary and secondary education; (2) make recommendations on how to align and improve such Federal, State, and local requirements to improve performance and innovation; (3) examine the quality and purpose of current Federal, State, and local assessment requirements; and (4) make recommendations to improve and align assessment systems to provide quality and meaningful information for parents, teachers, and students to improve student achievement, teacher performance, and innovation. (c) Membership (1) Composition The Commission shall be composed of— (A) 4 Governors; (B) 6 State legislators; (C) 2 Chief State school officers; (D) 2 State officials responsible for administering Federal education programs; (E) 4 superintendents; (F) 2 principals; (G) 2 teachers; (H) 2 assessment experts; and (I) 2 teacher and principal effectiveness experts. (2) Recommendations The Secretary shall solicit input and nominations for appointing members of the Commission from— (A) Governors; (B) members of Congress; (C) State legislators; (D) superintendents, principals, teachers, and other members of the education community; and (E) parents, students, and other members of the general public. (3) Determination The Secretary shall determine the membership of the Commission after considering recommendations submitted under paragraph (2). (d) Chairperson The Secretary shall designate a Governor as the Chairperson of the Commission. (e) Meetings The Commission shall hold, at the call of the Chairperson, not less than 1 meeting every 6 months. All such meetings shall be open to the public. The Commission may hold, at the call of the Chairperson, such other meetings as the Chairperson sees fit to carry out this title. (f) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Initial meeting The Commission shall hold its first meeting not later than 60 days after the date of enactment of this Act. 10014. Powers of the Commission (a) Hearings (1) In general The Commission shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission determines appropriate to carry out this title. (2) Participation In hearings held under this subsection, the Commission shall consider inviting witnesses from, among other groups— (A) teachers; (B) parents; (C) principals; (D) superintendents; (E) Federal, State, and local educational agency personnel; (F) researchers and other experts; and (G) any other individuals determined appropriate by the Commission. (b) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this title. Upon request of the Chairperson, the head of such department or agency shall furnish such information to the Commission. 10015. Duties of the Commission (a) Duties (1) In general The Commission shall take such actions as it determines necessary to gain a full understanding of the issues of effective regulation and assessment systems for public schools. (2) Areas of emphasis The Commission shall focus— (A) in examining the over-regulation of public schools, on— (i) examining Federal, State, and local regulations governing public schools; (ii) differentiating between financial, programmatic, general education, special education, and civil rights requirements; (iii) identifying which government entity requires each regulation; (iv) measuring the cost of compliance in terms of funds spent on compliance and time in hours and personnel; (v) identifying duplicative, redundant, or unnecessary regulations at each governmental level; and (vi) investigating how Federal, State, and local interpretations of laws and regulations create an additional or unnecessary burden and are used as a rationale for imposing requirements that are not actually mandated by law; and (B) in examining the effective testing of public schools, on— (i) examining Federal, State, and local testing and standardized assessment requirements for public elementary schools, middle schools, and high schools; (ii) determining the purpose and intent of each such test or assessment, including whether it is intended to measure student achievement and growth, teacher and principal effectiveness, or system accountability; (iii) determining the frequency, length, and scheduling of such tests and assessments, and measuring, in hours and days, the student and teacher time spent on testing; (iv) examining standardized assessments required by Federal, State, or local requirements, excluding teacher-created tests and quizzes and formative assessments; (v) reporting on the quality of standardized assessments; (vi) examining reporting practices of test results and the degree to which such results are returned in a timely manner with sufficient quality to be useful to parents, teachers and principals, and students to inform and improve their work, including targeting instruction to student needs, grading student work, and evaluating teacher and principal effectiveness; (vii) analyzing the ability of quality assessments to measure whether a student is prepared to graduate from high school and pursue college or a career without the need for academic remediation; (viii) examining what factors most contribute to quality assessments and the extent to which high-quality assessments can advance student learning; (ix) determining the technology infrastructure required for next generation assessments; and (x) identifying opportunities to improve assessment practices to better promote parent, teacher and principal, and student understanding of progress toward college and career readiness and public understanding of school performance and educational productivity. (3) Samples In conducting its work under this title, the Commission may rely on samples of States and local educational agencies for examples of regulations and testing requirements. (b) Reports (1) In general Subject to paragraph (2), the Commission shall provide regular reports in a manner and form of the Commission's choosing to— (A) the Secretary; and (B) the members of the authorizing committees. (2) Annual report Not later than 1 year after the date of the first meeting of the Commission, and annually thereafter, the Commission shall issue a report to— (A) the Secretary; and (B) the members of the authorizing committees. (3) Public report The Commission shall— (A) prepare a report— (i) analyzing findings of the Commission; and (ii) making recommendations for Federal, State, and local policy makers; and (B) broadly disseminate such report to the general public. (c) Testimony The Chairperson shall annually provide testimony to the authorizing committees. 10016. Commission personnel matters (a) Compensation of members Each member of the Commission shall serve without compensation in addition to any such compensation received for the member's service as an officer or employee of the United States, if applicable. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 (c) Assistance (1) In general The Assistant Secretary of Elementary and Secondary Education shall provide assistance to the Commission, upon request of the Commission, without reimbursement. (2) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. XI Amendments to other laws; miscellaneous provisions A Amendments to other laws 1 McKinney-Vento Homeless Assistance Act 11011. Short title This subpart may be cited as the McKinney-Vento Homeless Education Reauthorization Act of 2013 11012. Education for homeless children and youth Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. B Education for homeless children and youth 721. Statement of policy The following is the policy of Congress: (1) Each State shall ensure that each homeless child and youth has access to the same free appropriate public education, including a public preschool education, as is provided to other children and youth. (2) In any State where compulsory residency requirements or other requirements of laws, regulations, practices, or policies may act as a barrier to the identification, enrollment, attendance, or success in school of homeless children and youth, the State shall review and revise such laws, regulations, practices, or policies to ensure that homeless children and youth are afforded the same free appropriate public education as is provided to other children and youth. (3) Homelessness is not a sufficient reason to separate students from the mainstream school environment. (4) Homeless children and youth shall have access to the education and other services that such children and youth need to ensure that such children and youth have an opportunity to meet the same college and career ready State student academic achievement standards to which all students are held. 722. Grants for State and local activities for the education of homeless children and youth (a) General authority The Secretary is authorized to make grants to States from allotments made under subsection (c) and in accordance with this section to enable such States to carry out the activities described in subsections (d) through (g). (b) Application In order for a State to be eligible to receive a grant under this section, the State educational agency, in consultation with other relevant State agencies, shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (c) Allocation and reservations (1) Allocation (A) In general Subject to subparagraph (C), the Secretary is authorized to allot to each State an amount that bears the same ratio to the amount appropriated for such year under section 727 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 724 (d) and (h), as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332 (B) Minimum allotments No State shall receive for a fiscal year less under this paragraph than the greater of— (i) $300,000; or (ii) an amount that bears the same ratio to the amount appropriated for such year under section 727 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 724 (d) and (h), as the amount the State received under this paragraph for the preceding fiscal year bears to the total amount received by all States under this paragraph for the preceding fiscal year. (C) Reduction for insufficient funds If there are insufficient funds in a fiscal year to allot to each State the minimum amount under subparagraph (B), the Secretary shall ratably reduce the allotments to all States based on the proportionate share that each State received under this subsection for the preceding fiscal year. (2) Reservations (A) Students in territories The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 727 to be allocated by the Secretary among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to their respective need for assistance under this subtitle, as determined by the Secretary. Funds allocated under this subparagraph shall be used for programs that are consistent with the purposes of the programs described in this subtitle. (B) Indian students (i) Transfer The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 727 to the Department of the Interior for programs that are for Indian students served by schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (ii) Agreement The Secretary of Education and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this subtitle, for the distribution and use of the funds described in clause (i) under terms that the Secretary of Education determines best meet the purposes of the programs described in this subtitle. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the funds transferred, including appropriate goals, objectives, and milestones for that use. (d) State activities Grant funds from a grant made to a State under this section shall be used for the following: (1) To provide activities for and services to improve the identification of homeless children and youth and enable such children and youth to enroll in, attend, and succeed in school, including in early childhood education programs. (2) To establish or designate an Office of the Coordinator for Education of Homeless Children and Youth in the State educational agency in accordance with subsection (f) that has sufficient knowledge, authority, and time to carry out the duties described in this subtitle. (3) To prepare and carry out the State plan described in subsection (g). (4) To develop and implement professional development activities for liaisons designated under subsection (g)(1)(J)(ii), other local educational agency and school personnel, and community agencies— (A) to improve their identification of homeless children and youth; and (B) to improve their awareness of, and capacity to respond to, specific needs in the education of homeless children and youth. (e) State and local subgrants (1) Minimum disbursements by States From the grant funds made available each year to a State under subsection (a) to carry out this subtitle, the State educational agency shall distribute not less than 75 percent by making subgrants under section 723 to local educational agencies for the purposes of carrying out section 723. (2) Use by State educational agency A State educational agency may use any grant funds remaining after making subgrants under section 723 to conduct activities under subsection (f) directly or through making grants or entering into contracts. (3) Prohibition on segregating homeless students In providing a free public education to a homeless child or youth, no State receiving funds under this subtitle shall segregate such child or youth in a separate school, or in a separate program within a school, based on such child's or youth's status as homeless. (f) Functions of the Office of the Coordinator The Coordinator for Education of Homeless Children and Youth established in each State shall— (1) gather and make publicly available reliable, valid, and comprehensive information on— (A) the nature and extent of the problems homeless children and youth have in gaining access to public preschool programs, and to public elementary schools and secondary schools; (B) the difficulties in identifying the special needs and barriers to participation and achievement of such children and youth; (C) any progress made by the State educational agency and local educational agencies in the State in addressing such problems and difficulties; and (D) the success of the programs under this subtitle in identifying homeless children and youth and allowing homeless children and youth to enroll in, attend, and succeed in, school; and (2) develop and carry out the State plan described in subsection (g); (3) collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may require, reports containing such information as the Secretary determines is necessary to assess the educational needs of homeless children and youth within the State, including data requested pursuant to section 724(h); (4) improve the provision of comprehensive education and related support services to homeless children and youth and their families, and to minimize educational disruption, through coordination of activities, and collaboration with— (A) educators, including teachers, administrators, special education personnel, and child development and preschool program personnel; (B) providers of services to homeless children and youth and homeless families, public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services and programs funded under the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. (C) providers of emergency, transitional, and permanent housing to homeless children and youth, and their families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youth; (D) local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youth; and (E) community organizations and groups representing homeless children and youth and their families; (5) provide professional development and technical assistance to and conduct monitoring of local educational agencies, in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of paragraphs (3) through (8) of subsection (g), and subsection (e)(3); and (6) make opportunities available for teachers and local educational agency liaisons designated under subsection (g)(1)(J)(ii) to participate in ongoing and relevant professional development programs and activities. (g) State plan (1) In general Each State shall submit to the Secretary and implement a plan to provide for the education of all homeless children and youth within the State. Such plan shall include the following: (A) A description of how such children and youth are (or will be) given the opportunity— (i) to meet the same college and career ready State student academic achievement standards as all students are expected to meet; and (ii) to become college and career ready. (B) A description of the procedures the State educational agency will use, in coordination with local educational agencies, to identify such children and youth in the State and to assess their needs. (C) A description of procedures for the prompt resolution of disputes arising under this subtitle, which shall— (i) be developed in coordination and collaboration with the liaisons designated under subparagraph (J)(ii); (ii) be readily available and provided in a written format and, to the extent practicable, in a manner and form understandable to the parents and guardians of homeless children and youth; (iii) take into account the educational best interest of the homeless child or youth, or unaccompanied youth, involved; and (iv) ensure that parents and guardians of homeless children and youth, and unaccompanied youth, who have exhausted the procedures available under this paragraph are able to appeal to the State educational agency, and are enrolled in school pursuant to paragraph (4)(C) and receive transportation pursuant to subparagraph (J)(iii) pending final resolution of the dispute. (D) A description of programs for school personnel (including the liaisons, principals, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) to increase the awareness of such personnel of the specific needs of homeless adolescents, including runaway and homeless youth. (E) A description of procedures that ensure that homeless children and youth are able to participate in Federal, State, or local nutrition programs. (F) A description of procedures that ensure that— (i) homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, including through the policies and practices required under paragraph (3); (ii) homeless youth, including youth separated from public schools, are identified and accorded equal access to appropriate and available secondary education and support services, including receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, and for work completed after their enrollment in a new school, consistent with State graduation requirements and accreditation standards; and (iii) homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local before- and after-school care, magnet schools, summer schools, career and technical education, advanced placement, online learning opportunities, charter school programs, and relevant workforce investment programs. (G) Strategies to address problems identified in the reports provided to the Secretary under subsection (f)(3). (H) Strategies to address other problems with respect to the education of homeless children and youth, including enrollment problems related to— (i) immunization and other required health records and screenings; (ii) residency requirements; (iii) lack of birth certificates, school records, or other documentation; (iv) guardianship issues; or (v) uniform or dress code requirements. (I) A demonstration that the State educational agency, and local educational agencies and schools in the State, have developed and shall regularly review and revise their policies and practices to remove barriers to the identification, enrollment, attendance, retention, and success of homeless children and youth in schools, including early childhood education programs, in the State. (J) Assurances that the following will be carried out: (i) The State educational agency and local educational agencies in the State will adopt policies and practices to ensure that homeless children and youth are not stigmatized or segregated on the basis of their status as homeless. (ii) Local educational agencies will designate an appropriate staff person as the local educational agency liaison for homeless children and youth, who shall have sufficient training and time to carry out the duties described in paragraph (7)(A), and who may also be a coordinator for other Federal programs. (iii) The State and local educational agencies in the State will adopt policies and practices to ensure that transportation is provided at the request of the parent or guardian involved (or in the case of an unaccompanied youth, the liaison), to and from the school of origin, for as long as the student has the right to attend the school of origin as determined in paragraph (4)(A), in accordance with the following, as applicable: (I) If the child or youth continues to live in the area served by the local educational agency for the school of origin, the child’s or youth’s transportation to and from the school of origin shall be provided or arranged by the local educational agency for the school of origin. (II) If the child’s or youth’s living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing the child’s or youth’s education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency for the area in which the child or youth is living shall agree upon a method to apportion the responsibility and cost for providing transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally between the agencies. (iv) The State educational agency and local educational agencies will adopt policies and practices to promote school success for homeless children and youth, including access to full participation in academic and extracurricular activities that are made available to non-homeless students. (2) Compliance (A) In general Each plan adopted under this subsection shall also describe how the State will ensure that local educational agencies in the State will comply with the requirements of paragraphs (3) through (8). (B) Coordination Such plan shall indicate what technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii). (3) School readiness for homeless children Each State plan adopted under this subsection shall ensure that entities carrying out preschool programs funded, administered, or overseen by the agency involved— (A) identify and prioritize homeless children for enrollment and increase their enrollment and attendance in early childhood education programs, including through policies such as— (i) reserving spaces in preschool programs for homeless children; (ii) conducting targeted outreach to homeless children and their families; (iii) waiving application deadlines; (iv) providing ongoing professional development for staff regarding the needs of homeless children and their families and strategies to serve the children and families; and (v) developing the capacity to serve all identified homeless children; and (B) review the educational and related needs of homeless children and their families in such agency’s service area, in coordination with the liaison designated under paragraph (1)(J)(ii). (4) Local educational agency requirements (A) In general The local educational agency serving each child or youth to be assisted under this subtitle shall, according to the child's or youth's best interest— (i) continue the child's or youth's education in the school of origin for the duration of homelessness— (I) in any case in which the child or youth becomes a homeless child or youth between academic years or during an academic year; and (II) for the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or (ii) enroll the child or youth in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend. (B) Best interest in school stability In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall— (i) presume that keeping a homeless child or youth in the school of origin is in the child’s or youth’s best interest, except when doing so is contrary to the wishes of the child’s or youth’s parent or guardian; (ii) consider student-centered factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the wishes of the homeless child’s or youth’s parent or guardian or the unaccompanied youth involved; (iii) if, after conducting the best interest determination described in clause (ii), the local educational agency determines that it is not in the child’s or youth’s best interest to attend the school of origin or the school requested by the parent, guardian, or unaccompanied youth, provide, in coordination with the local education agency liaison, the homeless child's or youth’s parent or guardian or the unaccompanied youth, with a written explanation in a manner or form understandable to such parent, guardian, or youth, to the extent practicable, including a statement regarding the right to appeal under subparagraph (E); (iv) in the case of an unaccompanied youth, ensure that the local educational agency liaison assists in placement or enrollment decisions under this subparagraph, gives priority to the views of such unaccompanied youth, and provides notice to such youth of the right to appeal under subparagraph (E); and (v) provide transportation pursuant to paragraphs (1)(J)(iii) and (5). (C) Enrollment (i) Enrollment The school selected in accordance with this paragraph shall immediately enroll the homeless child or youth, even if the child or youth— (I) is unable to produce records traditionally required for enrollment, including previous academic records, health records, proof of residency or guardianship, or other documentation; (II) has unpaid fines or fees from prior schools or is unable to pay fees in the school selected; or (III) has missed application or enrollment deadlines during any period of homelessness. (ii) Contacting school last attended The enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records. (iii) Relevant health records If the child or youth needs to obtain immunizations or other required health records, the enrolling school shall immediately enroll the child or youth and immediately refer the parent or guardian of the child or youth, or the unaccompanied youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or immunization or other required health records in accordance with subparagraph (D). (iv) No liability Whenever the school selected enrolls an unaccompanied youth in accordance with this paragraph, no liability shall be imposed upon the school by reason of enrolling the youth without parent or guardian consent. (D) Records Any record ordinarily kept by the school, including immunizations or medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless child or youth shall be maintained— (i) so that the records involved are available when a homeless child or youth enters a new school or school district, even if the child or youth owes fees or fines or did not withdraw from the previous school in conformance with local withdrawal procedures; and (ii) in a manner consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g). (E) Disputes If a dispute arises over eligibility, enrollment, school selection, or service in a public school or public preschool, or any other issue relating to services under this subtitle— (i) in the case of a dispute relating to eligibility for enrollment or school selection, the child or youth shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute including all available appeals; (ii) the parent or guardian of the child or youth shall be provided with a written explanation of the school’s decision regarding eligibility for enrollment, school selection, or services, made by the school or the local educational agency, which shall include information about the right to appeal the decision; (iii) the child, youth, parent, or guardian shall be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of such dispute; and (iv) in the case of an unaccompanied youth, the liaison shall ensure that the youth is immediately enrolled in the school in which the youth seeks enrollment, pending resolution of such dispute. (F) Placement choice The choice regarding placement shall be made regardless of whether the child or youth involved lives with the homeless parents or has been temporarily placed elsewhere. (G) School of origin defined (i) In general In this paragraph, the term school of origin (ii) Receiving school When a child or youth completes the final grade level served by the school of origin, as described in clause (i), the term school of origin (H) Contact Information Nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child to submit contact information. (I) Privacy Information about a homeless child's or youth's living situation shall be treated as a student education record under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g section 99.31 (J) Academic achievement The school selected in accordance with this paragraph shall ensure that homeless children and youth have opportunities to meet the same college and career ready State student academic achievement standards to which other students are held, including implementing the policies and practices required by paragraph (1)(J)(iv). (K) School readiness for homeless children Each local educational agency shall ensure school readiness for homeless children as described in paragraph (3). (5) Comparable services In addition to receiving services provided for homeless children and youth under this subtitle or other Federal, State, or local laws, regulations, policies, or practices, each homeless child or youth to be assisted under this subtitle also shall be provided services comparable to services offered to other students in the school selected under paragraph (4), including the following: (A) Transportation services. (B) Educational services for which the child or youth meets the eligibility criteria, including services provided under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (C) Programs in career and technical education. (D) Programs for gifted and talented students. (E) School nutrition programs. (F) Health and counseling services, as appropriate. (6) Coordination (A) In general Each local educational agency shall coordinate— (i) the provision of services under this subtitle with the services of local social services agencies and other agencies or entities providing services to homeless children and youth and their families, including services and programs funded under the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. (ii) transportation, transfer of school records, and other interdistrict activities, with other local educational agencies. (B) Housing assistance Each State educational agency and local educational agency that receives assistance under this subtitle shall coordinate, if applicable, with State and local housing agencies responsible for developing a comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 (C) Coordination purpose The coordination required under subparagraphs (A) and (B) shall be designed to— (i) ensure that all homeless children and youth are identified within a reasonable time frame; (ii) ensure that homeless children and youth have access to and are in reasonable proximity to available education and related support services; and (iii) raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness. (D) Homeless children and youths with disabilities For children and youth who are to be assisted both under this subtitle, and under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. 29 U.S.C. 794 (7) Local educational agency liaison (A) Duties Each local educational agency liaison for homeless children and youth, designated under paragraph (1)(J)(ii), shall ensure that— (i) all homeless children and youth are identified by school personnel and through outreach and coordination activities with other entities and agencies; (ii) homeless children and youth are enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency; (iii) homeless families, and homeless children and youth, have access to educational services for which such families, children, and youth are eligible, including services through Head Start, Early Head Start, early intervention, and Even Start programs, and preschool programs described in paragraph (3); (iv) homeless families, and homeless children and youth, receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; (v) homeless children and youth are certified as eligible for free meals offered under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 42 U.S.C. 1771 et seq. (vi) the parents or guardians of homeless children and youth are informed of the educational and related opportunities available to their children, including early learning opportunities, and are provided with meaningful opportunities to participate in the education of their children; (vii) public notice of the educational rights of homeless children and youth is incorporated into documents related to residency requirements or enrollment, provided upon school enrollment and withdrawal, posted on the local educational agency’s website, and disseminated in locations frequented by parents or guardians of such children and youth, and unaccompanied youth, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to parents and guardians of homeless children and youth and unaccompanied youth; (viii) disputes are resolved in accordance with paragraph (4)(E); (ix) the parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph (4)(A); (x) school personnel are adequately prepared to implement this subtitle and receive professional development, resource materials, technical assistance, and other support; and (xi) unaccompanied youth— (I) are enrolled in school; (II) have opportunities to meet the same college and career ready State student academic achievement standards to which other students are held, including through implementation of the policies and practices required by subparagraphs (F)(ii) and (J)(iv) of paragraph (1); and (III) are informed of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv 20 U.S.C. 1090 (B) Notice State Coordinators appointed under subsection (d)(2) and local educational agencies shall inform school personnel, service providers, and advocates working with homeless families and homeless children and youth of the contact information and duties of the local educational agency liaisons, including publishing an annually updated list of the liaisons on the State educational agency’s website. (C) Local and State coordination The local educational agency liaisons shall, as a part of their duties, coordinate and collaborate with the State Coordinators and community and school personnel responsible for the provision of education and related support services to homeless children and youth. Such coordination shall include collecting and providing to the State Coordinator the reliable, valid, and comprehensive data needed to meet the requirements of paragraphs (1) and (3) of subsection (f). (D) Professional development The local educational agency liaisons shall participate in the professional development and other technical assistance activities provided by the State Coordinator pursuant to subsection (f)(5). (8) School readiness for homeless children The State educational agency, and the local educational agencies in the State, shall ensure that the programs serving public preschool children comply with the requirements of this subtitle. (h) Emergency disaster grants (1) In general The Secretary shall make emergency disaster grants to eligible local educational agencies and eligible States described in paragraph (2), in order to increase the capacity for such local educational agencies and States to respond to major disasters. (2) Eligibility; application (A) Eligibility (i) Local educational agency eligibility A local educational agency shall be eligible to receive an emergency disaster grant under this subsection, based on demonstrated need, if such local educational agency’s enrollment of homeless children and youth has increased as a result of a hurricane, flood, or other natural disaster for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.). (ii) State eligibility A State, through the Office of the Coordinator for Education of Homeless Children and Youths in the State educational agency, shall be eligible to receive an emergency disaster grant under this subsection if there are 1 or more eligible local educational agencies, as described in clause (i), located within the State. (B) Application In order for an eligible State or an eligible local educational agency to receive a grant under this subsection, the State educational agency, in consultation with other relevant State agencies, or local educational agency shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (3) Distribution of grants The Secretary shall distribute emergency disaster grant funds— (A) based on demonstrated need, to State educational agencies or local educational agencies for local educational agencies whose enrollment of homeless children and youths has increased as a result of a hurricane, flood, or other natural disaster for which the President has declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.); (B) expeditiously, and in no case later than 75 days after such funds are appropriated to the Secretary; and (C) in a manner that enables local educational agencies to use such funds for the immediate needs of disaster response and ongoing disaster recovery. (4) Amount of grants The Secretary shall distribute grants under this subsection in amounts determined by the Secretary and related to the increase in enrollment of homeless children and youths as a result of such major disaster. (5) Uses of funds A local educational agency or State educational agency that receives an emergency disaster grant under this subsection shall use the grant funds to carry out the activities described in section 723(d). (6) Restriction The Secretary— (A) shall determine the amount (if any) by which the funds appropriated under section 727 for fiscal year 2009 exceed $70,000,000; and (B) may only use funds from that amount to carry out this subsection. 723. Local educational agency subgrants for the education of homeless children and youth (a) General authority (1) In general The State educational agency shall, in accordance with section 722(e), and from amounts made available to such agency under section 727, make subgrants to local educational agencies for the purpose of facilitating the identification, enrollment, attendance, and success in school of homeless children and youth. (2) Services (A) In general Services under paragraph (1)— (i) may be provided through programs on school grounds or at other facilities; and (ii) shall, to the maximum extent practicable, be provided through existing programs and mechanisms that integrate homeless children and youth with nonhomeless children and youth. (B) Services on school grounds If services under paragraph (1) are provided to homeless children and youth on school grounds, the school involved may use funds under this subtitle to provide the same services to other children and youth who are determined by the local educational agency serving the school to be at risk of failing in, or dropping out of, school. (3) Requirement Services provided under this section shall not replace the regular academic program and shall be designed to expand upon or improve services provided as part of the school's regular academic program. (4) Duration of grants Subgrants awarded under this section shall be for terms of not to exceed 3 years. (b) Application A local educational agency that desires to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing or accompanied by such information as the State educational agency may reasonably require. Such application shall include the following: (1) An assessment of the educational and related needs of homeless children and youth in the area served by the local educational agency (which may be undertaken as part of a needs assessment for another disadvantaged group). (2) A description of the services and programs for which assistance is sought to address the needs identified in paragraph (1). (3) An assurance that the local educational agency's combined fiscal effort per student, or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such agency for the fiscal year preceding the fiscal year for which the subgrant determination is made, was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made. (4) An assurance that the applicant complies with, or will use requested funds to comply with, paragraphs (3) through (7) of section 722(g). (5) A description of policies and procedures that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youth. (6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f). (7) An assurance that the local educational agency has removed the policies and practices that have created barriers to the identification, enrollment, attendance, retention, and success in school of all homeless children and youth. (c) Awards (1) In general The State educational agency shall, in accordance with the requirements of this subtitle and from amounts made available to it under section 722(a), make subgrants on a competitive basis to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded on the basis of the need of such agencies for assistance under this subtitle and the quality of the applications submitted. (2) Need (A) In general In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youth enrolled in preschool, elementary schools, and secondary schools within the area served by the local educational agency, and shall consider the needs of such children and youth and the ability of the local educational agency to meet such needs. (B) Other considerations The State educational agency may also consider the following: (i) The extent to which the proposed use of funds will facilitate the identification, enrollment, attendance, retention, and educational success of homeless children and youth. (ii) The extent to which the application reflects coordination with other local and State agencies that serve homeless children and youth. (iii) The extent to which the applicant exhibits in the application and in current practice (as of the date of submission of the application) a commitment to education for all homeless children and youth. (iv) Such other criteria as the State agency determines to be appropriate. (3) Quality In determining the quality of applications under paragraph (1), the State educational agency shall consider each of the following: (A) The applicant's needs assessment under subsection (b)(1) and the likelihood that the program presented in the application will meet such needs. (B) The types, intensity, and coordination of services to be provided under the program. (C) The extent to which the applicant will promote meaningful involvement of parents or guardians of homeless children or youth in the education of their children. (D) The extent to which homeless children and youth will be integrated into the regular education program involved. (E) The quality of the applicant's evaluation plan for the program. (F) The extent to which services provided under this subtitle will be coordinated with other services available to homeless children and youth and their families, including housing and social services and services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. 20 U.S.C. 6301 et seq. (G) The extent to which the local educational agency will use the subgrant to leverage resources, including by maximizing nonsubgrant funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision of transportation. (H) The local educational agency’s use of funds to serve homeless children and youth under section 1113(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)). (I) The extent to which the applicant's program meets such other measures as the State educational agency considers to be indicative of a high-quality program, including the extent to which the local educational agency will provide services to unaccompanied youth and preschool-aged children. (J) The extent to which the application describes how the applicant will meet the requirements of section 722(g)(4). (d) Authorized activities A local educational agency may use funds awarded under this section for activities that carry out the purpose of this subtitle, including the following: (1) The provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same college and career ready State academic content standards and college and career ready State student academic achievement standards as the State establishes for other children and youth. (2) The provision of expedited evaluations of the strengths, needs, and eligibility of homeless children and youth, including needs and eligibility for programs and services (including educational programs for gifted and talented students, children with disabilities, and students with limited English proficiency, charter school programs, magnet school programs, programs in career and technical education, and school nutrition programs). (3) Professional development and other activities for educators and specialized instructional support personnel that are designed to heighten the understanding and sensitivity of such educators and personnel to the needs of homeless children and youth, the rights of such children and youth under this subtitle, and the specific educational needs of runaway and homeless youth. (4) The provision of referral services to homeless children and youth for medical, dental, mental, and other health services. (5) The provision of assistance to defray the cost of transportation under paragraphs (1)(J)(iii) and (5)(A) of section 722(g), not otherwise provided through Federal, State, or local funding. (6) The provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding. (7) The provision of services and assistance to attract, engage, and retain homeless children and youth, particularly homeless children and youth who are not enrolled in school, in public school programs and services provided to nonhomeless children and youth. (8) The provision for homeless children and youth of before- and after-school, mentoring, and summer programs in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities. (9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to facilitate the appropriate placement of homeless children and youth in school, including birth certificates, immunization or other required health records, academic records, guardianship records, and evaluations for special programs or services. (10) The provision of education and training to the parents of homeless children and youth about the rights of, and resources available to, such children and youth, and other activities designed to increase the meaningful involvement of families of homeless children or youth in the education of their children. (11) The development of coordination of activities between schools and agencies providing services to homeless children and youth, as described in section 722(g)(6). (12) The provision of specialized instructional support services (including counseling) and referrals for such services. (13) Activities to address the particular needs of homeless children and youth that may arise from domestic violence and parental mental health or substance abuse problems. (14) The adaptation of space and purchase of supplies for any nonschool facilities made available under subsection (a)(2) to provide services under this subsection. (15) The provision of school supplies, including supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations. (16) The provision of assistance to defray the cost of the position of liaison designated pursuant to section 722(g)(1)(J)(ii), not otherwise provided through Federal, State, or local funding. (17) The provision of other extraordinary or emergency assistance needed to enable homeless children and youth to enroll, attend, and succeed in school, including in early childhood education programs. 724. Secretarial responsibilities (a) Review of State plans In reviewing the State plan submitted by a State educational agency under section 722(g), the Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plan adequately address the problems of all homeless children and youth relating to access to education and placement as described in such plan. (b) Technical Assistance The Secretary shall— (1) provide support and technical assistance to State educational agencies to assist such agencies in carrying out their responsibilities under this subtitle; and (2) establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths that has sufficient capacity, resources, and support to carry out the responsibilities described in this subtitle. (c) Notice (1) In general The Secretary shall, before the next school year that begins after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, develop and disseminate a public notice of the educational rights of homeless children and youth. The notice shall include information regarding the definition of homeless children and youth in section 726. (2) Dissemination The Secretary shall disseminate the notice nationally. The Secretary also shall disseminate such notice to heads of other Department of Education offices, including those responsible for special education programs, higher education, and programs under parts A, B, C, D, G, and H of title I, title III, title IV, and part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 6801 et seq., 7102 et seq., and 7221 et seq.). The Secretary shall also disseminate such notice to heads of other Federal agencies, and grant recipients and other entities carrying out federally funded programs, including Head Start programs, grant recipients under the Health Care for the Homeless program of the Health Resources and Services Administration of the Department of Health and Human Services, grant recipients under the Emergency Food and Shelter National Board Program of the Federal Emergency Management Agency, grant recipients under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), grant recipients under the John H. Chafee Foster Care Independence program, grant recipients under homeless assistance programs administered by the Department of Housing and Urban Development, and recipients of Federal funding for programs carried out by the Administration on Children, Youth and Families of the Department of Health and Human Services. (d) Evaluation and dissemination The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs that are designed to meet the educational needs of homeless preschool, elementary school, and secondary school students, and may use funds appropriated under section 727 to conduct such activities. (e) Submission and distribution The Secretary shall require applications for grants under section 722 to be submitted to the Secretary not later than the expiration of the 120-day period beginning on the date that funds are available for purposes of making such grants and shall make such grants not later than the expiration of the 180-day period beginning on such date. (f) Determination by Secretary The Secretary, based on the information received from the States and information gathered by the Secretary under subsection (h), shall determine the extent to which State educational agencies are ensuring that each homeless child or youth has access to a free appropriate public education, as described in section 721(1). The Secretary shall provide support and technical assistance to State educational agencies in areas in which barriers to a free appropriate public education persist. (g) Publication The Secretary shall develop, issue, and publish in the Federal Register, not later than 90 days after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, a summary of the changes enacted by that Act and related strategies, which summary shall include— (1) strategies by which a State can assist local educational agencies to implement the provisions amended by the Act; (2) strategies by which a State can review and revise State policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youth in school; and (3) strategies by which entities carrying out preschool programs can implement requirements of section 722(g)(3). (h) Information (1) In general From funds appropriated under section 727, the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically but not less frequently than every 2 years, collect and disseminate publicly data and information regarding— (A) the number of homeless children and youth; (B) the education and related support services such children and youth receive; (C) the extent to which the needs of homeless children and youth are being met; (D) the academic progress being made by homeless children and youth, including the percent or number of homeless children and youth participating in State assessments; and (E) such other data and information as the Secretary determines to be necessary and relevant to carry out this subtitle. (2) Coordination The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this subtitle. (i) Report Not later than 4 years after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, the Secretary shall prepare and submit to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of the provision of education and related support services to homeless children and youth, which shall include information on— (1) the education of homeless children and youth; and (2) the actions of the Secretary and the effectiveness of the programs supported under this subtitle. 725. Rule of construction Nothing in this subtitle shall be construed to diminish the rights of parents or guardians of homeless children or youth, or unaccompanied youth, otherwise provided under State law, policy, or practice, including laws or policies that authorize the best interest determination in section 722(g)(3) to be made solely by the parent, guardian, or youth involved. 726. Definitions In this subtitle: (1) Enroll; enrollment The terms enroll enrollment (2) Homeless children and youth The term homeless children and youth (A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)); and (B) includes— (i) children and youth who— (I) are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; (II) are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; (III) are living in emergency or transitional shelters; and (IV) are abandoned in hospitals; (ii) children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)(C)); (iii) children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (iv) migratory children (as such term is defined in section 1312 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii). (3) Local educational agency; state educational agency The terms local educational agency State educational agency 20 U.S.C. 7801 (4) School The term school (5) Secretary The term Secretary (6) State The term State (7) Unaccompanied youth The term unaccompanied youth 727. Authorization of appropriations For the purpose of carrying out this subtitle, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 6 succeeding fiscal years. . 2 Advanced Research Projects Agency-Education 11021. Advanced Research Projects Agency-Education The Department of Education Organization Act ( 20 U.S.C. 3401 et seq. 221. Advanced research projects agency-education (a) Establishment There shall be in the Department an Advanced Research Projects Agency-Education (referred to in this section as ARPA-ED (b) Purposes ARPA-ED is established under this section for the purposes of pursuing breakthrough research and development in educational technology and providing the effective use of the technology to improve achievement for all students, by— (1) identifying and promoting revolutionary advances in fundamental and applied sciences and engineering that could be translated into new learning technologies; (2) developing novel learning technologies, and the enabling processes and contexts for effective use of those technologies; (3) developing, testing, and evaluating the impact and efficacy of those technologies; (4) accelerating transformational technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; (5) coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and (6) encouraging educational research using new technologies and the data produced by the technologies. (c) Authorities of Secretary The Secretary is authorized to— (1) appoint a Director, who shall be responsible for carrying out the purposes of ARPA-ED, as described in subsection (b), and such additional functions as the Secretary may prescribe; (2) establish processes for the development and execution of projects and the solicitation of entities to carry out the projects in a manner that is— (A) tailored to the purposes of ARPA-ED and not constrained by other Department-wide administrative requirements that could detract from achieving program results; and (B) designed to heighten transparency, and public- and private-sector involvement, to ensure that investments are made in the most promising areas; (3) award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); (4) make appointments of up to 20 scientific, engineering, professional, and other mission-related employees, for periods of up to 4 years (which appointments may not be renewed) without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; (5) (A) prescribe the rates of basic pay for the personnel described in paragraph (4) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 (B) pay any employee appointed pursuant to paragraph (4) payments in addition to that basic pay, except that the total amount of those payments for any calendar year shall not exceed the lesser of— (i) $25,000; or (ii) the difference between the employee’s annual rate of basic pay under paragraph (4) and the annual rate for level I of the Executive Schedule under section 5312 (6) obtain independent, periodic, rigorous evaluations, as appropriate, of— (A) the effectiveness of the processes ARPA-ED is using to achieve its purposes; and (B) the effectiveness of individual projects assisted by ARPA-ED, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by ARPA-ED for further investment or increased scale; and (7) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 20 U.S.C. 9564 (d) Evaluation funds The Secretary may use funds made available for ARPA-ED to pay the cost of the evaluations under subsection (c)(6). (e) Federal advisory committee Act Notwithstanding any other provision of law, any advisory committee convened by the Secretary to provide advice with respect to this section shall be exempt from the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and the definition of employee section 2105 (f) Nonduplication To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of ARPA-ED do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies. . B Miscellaneous provisions 11211. Technical and conforming amendments (a) Higher Education Act of 1965 The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows: (1) Section 103(24)(B) ( 20 U.S.C. 1003(24)(B) students who are limited English proficient English learners (2) Section 200 (20 U.S.C. 1021) is amended— (A) in paragraph (6)(B)(x) by striking section 5210 section 5411 (B) by striking paragraph (8); (C) by redesignating paragraphs (9) through (23) as paragraphs (8) through (22), respectively; (D) by striking paragraph (12), as redesignated by subparagraph (C), and inserting the following: (12) Highly Qualified Teacher The term highly qualified teacher ; (E) by striking paragraph (14), as redesignated by subparagraph (C), and inserting the following: (14) English Learner The term English learner ; (F) in paragraph (16)(B)(ii), as redesignated by subparagraph (C), by striking to become highly qualified to become a highly qualified teacher (G) in paragraph (21)(D)(i), as redesignated by subparagraph (C), by striking becomes highly qualified becomes a highly qualified teacher (H) in paragraph (22)(D)(iii), as redesignated by subparagraph (C), by striking students who are limited English proficient English learners (3) Section 202 (20 U.S.C. 1022a) is amended— (A) in subsection (b)(6)— (i) in subparagraph (E)(ii), by striking student academic achievement standards and academic content standards under section 1111(b)(1) college and career ready State academic content standards and student academic achievement standards under section 1111(a)(1) (ii) in subparagraph (G), by striking students who are limited English proficient English learners (B) in subsection (d)— (i) in paragraph (1)— (I) in subparagraph (A)(i)(I)— (aa) by inserting teachers highly qualified (bb) by striking students who are limited English proficient English learners (II) in subparagraph (B)— (aa) in clause (ii)(IV)(aa), by striking students who are limited English proficient English learners (bb) in clause (iii), by inserting teachers highly qualified (ii) in paragraph (5)(B), by striking limited English proficient students English learners (4) Section 204(a)(4)(D) ( 20 U.S.C. 1022c(a)(4)(D) limited English proficient students English learners (5) Section 205 (20 U.S.C. 1022d) is amended— (A) in subsection (a)(1)(G), by striking students who are limited English proficient English learners (B) in subsection (b)(1)— (i) in subparagraph (C), by striking State's challenging academic content standards required under section 1111(b)(1) college and career ready State academic content standards required under section 1111(a)(1) (ii) in subparagraph (L), by striking students who are limited English proficient English learners (6) Section 206 (20 U.S.C. 1022e) is amended— (A) in subsection (a), by striking limited English proficient students English learners (B) in subsection (b)(4), by striking limited English proficient students English learners (7) Section 208(b) ( 20 U.S.C. 1022g(b) (A) by inserting teachers are highly qualified (B) by striking is highly qualified is a highly qualified teacher (8) Section 242(b) ( 20 U.S.C. 1033a(b) (A) in the matter preceding paragraph (1), by inserting teachers highly qualified (B) in paragraph (1), by inserting teachers highly qualified (9) Section 251(b)(1)(A)(iii) ( 20 U.S.C. 1034(b)(1)(A)(iii) teachers highly qualified (10) Section 255(k) ( 20 U.S.C. 1035(k) (A) in paragraph (1), by striking section 9101(23)(B)(ii) section 9101(32)(A)(ii)(II) (B) in paragraph (3), by striking section 9101(23) section 9101(32) (11) Section 258(d) ( 20 U.S.C. 1036(d) (A) in paragraph (1)— (i) by striking limited English proficient students English learners (ii) by inserting teachers who will be highly qualified (B) in paragraph (2)(C), by striking limited English proficient students English learners (12) Section 402B(c)(7) ( 20 U.S.C. 1070a–12(c)(7) students who are limited English proficient English learners (13) Section 402C(d)(7) ( 20 U.S.C. 1070a–13(d)(7) students who are limited English proficient English learners (14) Section 402D (20 U.S.C. 1070a–14) is amended— (A) in subsection (a)(3), by striking students who are limited English proficient English learners (B) in subsection (c)(6), by striking students who are limited English proficient English learners (15) Section 402F(b)(11) ( 20 U.S.C. 1070a–16(b)(11) students who are limited English proficient English learners (16) Section 404D (20 U.S.C. 1070a–24) is amended— (A) in subsection (b)(10)(K), by striking students who are limited English proficient English learners (B) in subsection (c)(6)(B)(ii), by striking students who are limited English proficient English learners (17) Section 428J(b)(1)(B) ( 20 U.S.C. 1078–10(b)(1)(B) is highly qualified is a highly qualified teacher (18) Section 428K(b)(5) ( 20 U.S.C. 1078–11(b)(5) (A) in the heading, by striking students who are limited english proficient English learners (B) in subparagraph (A), by striking is highly qualified is a highly qualified teacher (C) in subparagraph (B)(i), by striking students who are limited English proficient English learners (19) Section 460(b)(1)(B) ( 20 U.S.C. 1087j(b)(1)(B) is highly qualified is a highly qualified teacher (20) Section 741(a)(10) ( 20 U.S.C. 1138(a)(10) limited English proficient students English learners (21) Section 806(a)(2) ( 20 U.S.C. 1161f(a)(2) (2) Highly qualified teacher The term highly qualified teacher . (b) Individuals with Disabilities Education Act The Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (1) Section 602 (20 U.S.C. 1401) is amended— (A) in paragraph (10)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking has the meaning given the term in section 9101 means that the teacher is a highly qualified teacher in accordance with subparagraphs (A) and (B) of section 9101(32) (II) in clause (ii), by striking requirements of section 9101 requirements for a highly qualified teacher as defined in section 9101(32)(A) (ii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking section 1111(b)(1) section 1111(a)(1) (II) clause (i), by striking requirements of section 9101 requirements for a highly qualified teacher, as defined in section 9101 (III) in clause (ii), by striking subparagraph (B) or (C) of section 9101(23) clause (ii) or (iii) of section 9101(32)(A) (iii) in subparagraph (D)— (I) in clause (i), by striking applicable requirements of section 9101 applicable requirements to be a highly qualified teacher as defined in section 9101 (II) in each of clauses (ii) and (iii), by striking section 9101(23)(C)(ii) section 9101(32)(A)(iii)(II) (iv) in subparagraph (F), by striking highly qualified for purposes of to be a highly qualified teacher for purposes of (B) in paragraph (18), by striking has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 when used in reference to an individual, means an individual who meets the requirements described in subparagraphs (C) and (D) of section 9101(23) of the Elementary and Secondary Education Act of 1965 (2) Section 611(e)(2)(C) ( 20 U.S.C. 1411(e)(2)(C) (A) in clause (x), by striking sections 1111(b) and 6111 sections 1111 and 1131 (B) in clause (xi)— (i) by striking , including supplemental educational services as defined in 1116(e) of the Elementary and Secondary Education Act of 1965 (ii) by striking objectives established by the State under section 1111(b)(2)(G) targets established by the State under section 1111(a)(3)(C) of (3) Section 612(a) ( 20 U.S.C. 1412(a) (A) in paragraph (15)— (i) by striking clause (ii) of subparagraph (A); (ii) by redesignating clauses (iii) and (iv) of subparagraph (A) as clauses (ii) and (iii), respectively; (iii) in subparagraph (B), by striking , including measurable annual objectives for progress by children with disabilities under section 1111(b)(2)(C)(v)(II)(cc) of the Elementary and Secondary Education Act of 1965 (iv) in subparagraph (C), by striking section 1111(h) section 1111(e) (B) in paragraph (16)(C)(ii)(II), by striking section 1111(b)(1) section 1111(a) (4) Section 654(a)(1)(B) ( 20 U.S.C. 1454(a)(1)(B) challenging State student academic achievement and functional standards and with the requirements for professional development, as defined in section 9101 college and career ready State academic achievement and functional standards and with the requirements for professional development, as defined in section 9101 (5) Section 663(b)(2) ( 20 U.S.C. 1463(b)(2) for assessing adequate yearly progress, as described under section 1111(b)(2)(B) as described in section 1111(a)(2) (c) Carl D. Perkins Career and Technical Education Act of 2006 The Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (1) Section 3(8) (20 U.S.C. 2302(8)) is amended by striking section 5210 section 5411 (2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking section 1111(b)(1)(D) 1111(a)(1) (3) Section 113 (20 U.S.C. 2323) is amended— (A) in subsection (b)— (i) in paragraph (2)(A)— (I) in clause (i), by striking challenging academic content standards and student academic achievement standards, as adopted by a State in accordance with section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and measured by the State determined proficient levels on the academic assessments described in section 1111(b)(3) of such Act college and career ready State academic content and student academic achievement standards, as adopted by a State in accordance with section 1111(a)(1) of the Elementary and Secondary Education Act of 1965 and measured by the State-determined proficient levels on the academic assessments described in section 1111(a)(2) of such Act (II) in clause (iv), by striking Student graduation rates (as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965) Student graduation rates (as described in section 9101 of the Elementary and Secondary Education Act of 1965) (ii) in paragraph (4)(C)(ii)(I), by striking categories of students described in section 1111(h)(1)(C)(i) categories of students described in section 1111(a)(2)(B)(x) (B) in subsection (c)(2)(A), by striking categories of students described in section 1111(h)(1)(C)(i) categories of students described in section 1111(a)(2)(B)(x) (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 2324(d)(4)(A)(iii)(I)(aa)) is amended by striking academic content standards and student academic achievement standards, as adopted by States under section 1111(b)(1) college and career ready State academic content and student academic achievement standards, as adopted by a State in accordance with section 1111(a)(1) (5) Section 122(c)(1)(I)(i) ( 20 U.S.C. 2342(c)(1)(I)(i) rigorous and challenging academic content standards and student academic achievement standards adopted by the State under section 1111(b)(1) college and career ready State academic content and student academic achievement standards, as adopted by a State in accordance with section 1111(a)(1) (d) National and Community Service Act of 1990 The National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. (1) Section 112(a)(1)(F) ( 42 U.S.C. 12523(a)(1)(F) attention to schools not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. attention to schools that are identified as focus schools or priority schools under subsection (c) or (d) of section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) (2) Section 119(a)(2)(A)(ii)(II) ( 42 U.S.C. 12563(a)(2)(A)(ii)(II) the graduation rate (as defined in section 1111(b)(2)(C)(vi) the graduation rates (as defined in section 9101 (3) Section 120(a)(2)(C) ( 42 U.S.C. 12565(a)(2)(C) improved graduation rates, as defined in section 1111(b)(2)(C)(vi) improved graduation rates, as defined in section 9101 (4) Section 122 (42 U.S.C. 12572) is amended— (A) in subsection (a)(1)(C)(iii), by striking secondary school graduation rates as defined in section 1111(b)(2)(C)(vi) secondary school graduation rates as defined in section 9101 (B) in subsection (i)(1), by inserting college and career ready State (e) Title VI of the America COMPETES Act The America COMPETES Act ( Public Law 110–69 (1) Section 6112 (20 U.S.C. 9812) is amended— (A) in paragraph (3)(B)(i), by inserting teachers highly qualified (B) by striking paragraph (4) and inserting the following: (4) Highly qualified teacher The term highly qualified teacher . (2) Section 6113(d)(2)(G)(i) ( 20 U.S.C. 9813(d)(2)(G)(i) (A) by inserting teachers of highly qualified (B) by striking teachers foreign language (3) Section 6114(b)(3) ( 20 U.S.C. 9814(b)(3) (A) by inserting teachers of highly qualified (B) by striking teachers foreign language (4) Section 6122 (20 U.S.C. 9832) is amended— (A) in paragraph (3), by striking has the meaning given the term low-income individual 20 U.S.C. 6537(3) means a student who is from a low-income family, as defined in section 9101(36)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(36)(B)) (B) in paragraph (4), by striking has the meaning , used with respect to a school, means a school that serves a student population 40 percent or more of whom are low-income students. (C) in paragraph (5), by striking means a local educational agency or educational service agency described in 6112(3)(A) means a high-need local educational agency, as defined under section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (5) Section 6123(j)(2)(B) ( 20 U.S.C. 9833(j)(2)(B) disaggregated under section 1111(h)(1)(C)(i) disaggregated under section 1111(a)(2)(B)(x) (6) Section 6201(e)(2)(D)(ii)(I) ( 20 U.S.C. 9871(e)(2)(D)(ii)(I) assessments under section 1111(b) assessments under section 1111(a) (f) The Education of the Deaf Act of 1986 Section 104(b)(5) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4304(b)(5) (1) in subparagraph (A)— (A) in clause (i), by striking challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) college and career ready State academic content and student academic achievement standards and assessments of a State, adopted and implemented, as appropriate, pursuant to section 1111(a) (B) in clause (ii), by adding and (2) by striking subparagraph (B); (3) by redesignating subparagraph (C) as subparagraph (B); and (4) in subparagraph (B), as redesignated by paragraph (3), by striking , and whether the programs at the Clerc Center are making adequate yearly progress, as determined under subparagraph (B) (g) The Education Sciences Reform Act of 2002 The Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. (1) Section 153(a)(1)(F)(ii) ( 20 U.S.C. 9543(a)(1)(F)(ii) the percentage of teachers who are highly qualified the percentage of teachers who are highly qualified teachers (2) Section 177(a)(5) ( 20 U.S.C. 9567b(a)(5) section 1111(b) section 1111(a) (h) The Educational Technical Assistance Act of 2002 Section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 (1) in subsection (a)(2)(B), by striking schools identified for school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) schools identified as priority schools (as described in section 1116(d) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(c)(2) (2) in subsection (e), by striking paragraph (3) and inserting the following: (3) schools in the region identified by the State's accountability system under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316). ; and (3) in subsection (f)(1)(B), by striking 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 (i) National Science Foundation Authorization Act of 2002 Section 9 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n (1) in subsection (a)(10)(A)(iii)(I), by striking are considered highly qualified are considered highly qualified teachers (2) in subsection (b)(3)(A), by striking or a high-need local educational agency in which at least one school does not make adequate yearly progress, as determined pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (j) Richard B. Russell National School Lunch Act Section 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 (1) in subsection (b)— (A) in paragraph (5)(D), by striking section 1309 section 1312 (B) in paragraph (12)(A)(vi), by striking section 1309 section 1312 (2) in subsection (d)(2)(E), by striking section 1309 section 1312 (k) America COMPETES Reauthorization Act of 2010 Section 553(d)(6) of the America COMPETES Reauthorization Act of 2010 ( 20 U.S.C. 9903(d)(6) the requirements under section 9101(23) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(23) the requirements for a highly qualified teacher as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (l) Violence Against Women Act of 1994 Section 41403(6)(B)(iii) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–2(6)(B)(iii) section 1309 section 1312

Strengthening America's Schools Act of 2013

IDEA MOE Adjustment Act - Amends the Individuals with Disabilities Education Act to limit the penalty imposed on a state that reduces its level of funding for special education from one fiscal year to the next to a reduction of federal special education funds for one fiscal year. (Currently, that penalty may be imposed on a state for any fiscal year after the fiscal year the state reduces its special education funding.) Redistributes the federal special education funding that is denied to a penalized state to states that have not reduced their level of special education funding. Prohibits the Secretary of Education from considering those penalties or redistributions when calculating a state's share of federal special education funds for subsequent fiscal years.

113 S1095 IS: IDEA MOE Adjustment Act U.S. Senate 2013-06-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1095 IN THE SENATE OF THE UNITED STATES June 4, 2013 Mr. Udall of New Mexico Mr. Heinrich Committee on Health, Education, Labor, and Pensions A BILL To amend the Individuals with Disabilities Education Act in order to limit the penalties to a State that does not meet its maintenance of effort level of funding to a one-time penalty. 1. Short title This Act may be cited as the IDEA MOE Adjustment Act 2. Penalty limitation Section 612(a)(18) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(18) (1) in subparagraph (B)— (A) by striking The Secretary shall reduce the allocation of funds under section 611 for any fiscal year (i) Reduction The Secretary shall reduce the allocation of funds under section 611 for 1 fiscal year ; and (2) by adding at the end the following: (ii) Distribution of funds In any case where a State's allocation under clause (i) is reduced, the Secretary shall distribute to all other States (as that term is defined in section 611(g)(2)) that were not subject to a reduction in allocation under such clause, the amount by which any State's allocation under section 611(d) was reduced under such clause, in accordance with subclauses (II) and (III) of section 611(d)(3)(A)(i) and without regard to paragraphs (A)(i)(I) and (B) of section 611(d)(3). (iii) Use of funds by States Each State that receives additional funds under clause (ii) shall allocate such funds to local educational agencies in accordance with section 611(f). (iv) No consideration for future years allocation Notwithstanding section 611(d), in calculating the amounts for allocations under such section for fiscal year 2013 and all subsequent years, the Secretary, when determining the amount a State received under such section for a preceding fiscal year, shall not consider— (I) any amount by which a State's allocation under such section for fiscal year 2012 or any subsequent year is reduced under clause (i); and (II) any amount by which a State's allocation increased, pursuant to clause (ii), as a result of a State's reduction in allocation for fiscal year 2012 or any subsequent year. .

IDEA MOE Adjustment Act

Office of Rural Education Policy Act - Amends the Department of Education Organization Act to establish an Office of Rural Education Policy (Office) in the Department of Education's Office of Elementary and Secondary Education. Requires the Office to be headed by a Director who advises the Secretary of Education on the characteristics and needs of rural schools, and the effects current policies and proposed statutory, regulatory, administrative, and budgetary changes have on states and local educational agencies (LEAs) that serve such schools. Requires the Director to: establish and maintain a clearinghouse for collecting and disseminating certain information on rural education; identify innovative research and demonstration projects on topics of importance to rural schools; coordinate rural education activities within the Department; inform the Department of other federal agency activities related to rural education; coordinate its activities with Indian schools and the Department of the Interior's responsibilities regarding such schools; provide technical assistance and other support for rural education improvement efforts; and produce an annual report, for Congress and the public, on the condition of rural education. Requires the Director to prepare regulatory impact analyses of the Secretary's proposed and final rules that may have a significant impact on states or LEAs that serve rural schools.

113 S1096 IS: Office of Rural Education Policy Act U.S. Senate 2013-06-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1096 IN THE SENATE OF THE UNITED STATES June 4, 2013 Mr. Baucus Mr. Rockefeller Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To establish an Office of Rural Education Policy in the Department of Education. 1. Short title This Act may be cited as the Office of Rural Education Policy Act 2. Findings and purposes (a) Findings Congress finds the following: (1) The Secretary of Education has recognized that [r]ural schools have unique challenges and benefits paucity of rural education research in the United States (2) Rural education is becoming an increasingly large and important part of the United States public school system. According to the Digest of Education Statistics reported annually by the National Center for Education Statistics, the number of students attending rural schools increased by more than 11 percent, from 10,500,000 to nearly 11,700,000, between the 2004–2005 and 2008–2009 school years. The share of the Nation’s public school enrollment attending rural schools increased from 21.6 percent to 23.8 percent. In school year 2008–2009, these students attended 31,635 rural schools, nearly one-third of all schools in the United States. (3) Despite the overall growth of rural education, rural students represent a demographic minority in all but 3 States, according to the National Center for Education Statistics. (4) Rural education is becoming increasingly diverse. According to the National Center for Education Statistics, the increase in rural enrollment between the 2004–2005 and 2008–2009 school years was disproportionally among students of color. Enrollment of children of color in rural schools increased by 31 percent, and the proportion of students enrolled in rural schools who are children of color increased from 23.0 to 26.5 percent. More than one-third of rural students in 12 States are children of color, according to research by the Rural School and Community Trust (Why Rural Matters 2009). (5) Rural education is varied and diverse across the Nation. In school year 2007–2008, the national average rate of student poverty in rural school districts, as measured by the rate of participation in federally subsidized meals programs, was 39.1 percent, but ranged from 9.7 percent in Connecticut to 71.9 percent in New Mexico, according to the National Center for Education Statistics. (6) Even policy measures intended to help rural schools can have unintended consequences. In awarding competitive grants under the Investing in Innovation Fund program under section 14007 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 rural preference (7) Rural schools generally utilize distance education more often for both students and teachers. A fall 2008 survey of public schools by the National Center for Education Statistics found that rural schools were 1½ times more likely to provide students access for online distance learning than schools in cities. A September 2004 study from the Government Accountability Office reported that rural school districts used distance learning for teacher training more often than non-rural school districts. (8) The National Center for Education Statistics reports that base salaries of both the lowest and highest paid teachers are lower in rural schools than any other community type. (b) Purposes The purposes of this Act are— (1) to establish an Office of Rural Education Policy in the Department of Education; and (2) to provide input to the Secretary of Education regarding the impact of proposed changes in law, regulations, policies, rules, and budgets on rural schools and communities. 3. Establishment of Office of Rural Education Policy (a) In general Title II of the Department of Education Organization Act ( 20 U.S.C. 3411 et seq. 221. Office of Rural Education Policy (a) In general There shall be, in the Office of Elementary and Secondary Education of the Department, an Office of Rural Education Policy (referred to in this section as the Office (b) Director; duties (1) In general The Office shall be headed by a Director, who shall advise the Secretary on the characteristics and needs of rural schools and the effects of current policies and proposed statutory, regulatory, administrative, and budgetary changes on State educational agencies, and local educational agencies, that serve schools with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary. (2) Additional duties of the Director In addition to advising the Secretary with respect to the matters described in paragraph (1), the Director of the Office of Rural Education Policy (referred to in this section as the Director (A) establish and maintain a clearinghouse for collecting and disseminating information on— (i) teacher and principal recruitment and retention at rural elementary schools and rural secondary schools; (ii) access to, and implementation and use of, technology and distance learning at such schools; (iii) rigorous coursework delivery through distance learning at such schools; (iv) student achievement at such schools, including the achievement of low-income and minority students; (v) innovative approaches in rural education to increase student achievement; (vi) higher education and career readiness and secondary school completion of students enrolled in such schools; (vii) access to, and quality of, early childhood development for children located in rural areas; (viii) access to, or partnerships with, community-based organizations in rural areas; (ix) the availability of professional development opportunities for rural teachers and principals; (x) the availability of Federal and other grants and assistance that are specifically geared or applicable to rural schools; and (xi) the financing of such schools; (B) identify innovative research and demonstration projects on topics of importance to rural elementary schools and rural secondary schools, including gaps in such research, and recommend such topics for study by the Institute of Education Sciences and other research agencies; (C) coordinate the activities within the Department that relate to rural education; (D) provide information to the Secretary and others in the Department with respect to the activities of other Federal departments and agencies that relate to rural education, including activities relating to rural housing, rural agricultural services, rural transportation, rural economic development, rural career and technical training, rural health care, rural disability services, and rural mental health; (E) coordinate with the Bureau of Indian Education, the Bureau of Indian Affairs, the Department of the Interior, and the schools administered by such agencies regarding rural education; (F) provide, directly or through grants, cooperative agreements, or contracts, technical assistance and other activities as necessary to support activities related to improving education in rural areas; and (G) produce an annual report on the condition of rural education that is delivered to the members of the Education and the Workforce Committee of the House of Representatives and the Health, Education, Labor, and Pensions Committee of the Senate and published on the Department’s Web site. (c) Impact analyses of rules and regulations on rural schools (1) Proposed rulemaking Whenever the Secretary publishes a general notice of proposed rulemaking for any rule or regulation that may have a significant impact on State educational agencies or local educational agencies serving schools with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary, the Secretary (acting through the Director) shall prepare and make available for public comment an initial regulatory impact analysis. Such analysis shall describe the impact of the proposed rule or regulation on such State educational agencies and local educational agencies and shall set forth, with respect to such agencies, the matters required under section 603 of title 5, United States Code, to be set forth with respect to small entities. The initial regulatory impact analysis (or a summary) shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule or regulation. (2) Final rule Whenever the Secretary promulgates a final version of a rule or regulation with respect to which an initial regulatory impact analysis is required by paragraph (1), the Secretary (acting through the Director) shall prepare a final regulatory impact analysis with respect to the final version of such rule or regulation. Such analysis shall set forth, with respect to State educational agencies and local educational agencies serving schools with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary, the matters required under section 604 (3) Regulatory flexibility analysis If a regulatory flexibility analysis is required by chapter 6 . (b) Effective date Section 221(c) of the Department of Education Organization Act, as added by subsection (a), shall apply to regulations proposed more than 30 days after the date of enactment of this Act.

Office of Rural Education Policy Act

Responsible Implementation of Flood Insurance Reform Act of 2013 - Amends the National Flood Insurance Act of 1968 to limit the requirements for flood insurance premium rate adjustments to reflect the current risk of flood only to property located in an area participating in the national flood insurance program for which the Administrator of the Federal Emergency Management Agency (FEMA) has published in the Federal Register projected base flood elevations and designations of areas having specified flood hazards on or after December 31, 2013. Increases by 20% annually the flood insurance risk premium rates for certain properties sold on or after enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (July 6, 2012), and which are not subject to a specified 25% per year phase-in, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties within a specified single risk classification. Directs FEMA to establish a means by which a state or local government may submit to FEMA payments to fully cover the cost of any premium for property within its jurisdiction. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct FEMA, in providing hazard mitigation assistance in connection with flooding, to ensure that not less than 25% of the estimated aggregate amount of such assistance is used by a grant recipient to elevate, acquire, or relocate eligible properties within the recipient's jurisdiction. Prohibits FEMA, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, from considering the level of federal funding or participation in such efforts. Revises requirements for the availability of flood insurance in a community which FEMA has determined to be in the process of restoring flood protection afforded by a system previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so. Declares that such requirements shall apply without regard to the level of federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. Prohibits FEMA from issuing a flood insurance rate map, or an update to one, unless: (1) the map or update adequately reflects the protection provided by any levee system in the area against the base flood, regardless of the system's accreditation status; or (2) the community in which any levee system is located elects not to provide the data necessary for FEMA to issue either a map or an update that adequately reflects the protection the system provides against the base flood.

113 S1098 IS: Responsible Implementation of Flood Insurance Reform Act of 2013 U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1098 IN THE SENATE OF THE UNITED STATES June 6, 2013 Mr. Vitter Mr. Cochran Committee on Banking, Housing, and Urban Affairs A BILL To reform the Biggert-Waters Flood Insurance Reform Act of 2012 to responsibly protect homeownership. 1. Short title This Act may be cited as the Responsible Implementation of Flood Insurance Reform Act of 2013 2. Clarification on application of certain premium adjustments under the Biggert-Waters Flood Insurance Reform Act of 2012 (a) Clarification Section 1308(h) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) (1) by striking Notwithstanding (1) In general (2) by adding at the end the following: (2) Applicability The requirements under paragraph (1) shall only apply with respect to any property located in an area— (A) that is participating in the national flood insurance program; and (B) for which the Administrator has published in the Federal Register projected base flood elevations and designations of areas having special flood hazards under section 1363(a) on or after December 31, 2013. . (b) Effective date The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 3. Phase-in of actuarial rates for newly purchased homes (a) In general Section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) not subject to the phase-in requirement under paragraph (2), which are sold on or after the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012, and notwithstanding the requirements of section 1307(g), shall be increased by 20 percent each year, beginning in the year after the first such sale, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties described in paragraph (1). . (b) Effective date The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 4. Local choice to protect homeowners The National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. 1308A. State and local government flexibility (a) In general The Administrator shall establish a means by which a State or local government may, on its own accord or in conjunction with other State or local governments, submit such payments to the Administrator as are necessary to fully cover the cost of any premium for any property within the jurisdiction of the State or local government. (b) Risk premium rate The Administrator shall require that the amount of any payment from a State or local government under subsection (a) be consistent with sections 1307 and 1308. . 5. Mitigation assistance for homeowners Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c (f) Special provision relating to flood mitigation (1) Definition In this subsection, the term eligible property (A) a property— (i) described in paragraph (1) or (2) of section 1307(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g) (ii) for which a policy under the flood insurance program has lapsed in coverage, as a result of the deliberate choice of the holder of such policy, as described in paragraph (3) of section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)); or (iii) with respect to which a prospective insured refuses to accept any offer for mitigation assistance by the Administrator of the Federal Emergency Management Agency (including an offer to relocate), as described in paragraph (4) of section 1307(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g) (B) a property for which the risk premium rate for flood insurance coverage under the National Flood Insurance Program increases under section 1308(h) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) (2) Mitigation against future flooding In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Management Agency shall ensure that not less than 25 percent of the estimated aggregate amount of such assistance provided to a grant recipient is used to elevate, acquire, or relocate eligible properties, to the extent that eligible properties exist within the jurisdiction of the grant recipient. . 6. Construction and restoration of flood protection systems (a) Adequate progress on construction of flood protection systems Section 1307(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(e) Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall not consider the level of Federal funding of or participation in the construction, reconstruction, or improvement. (b) Communities restoring disaccredited flood protection systems Section 1307(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(f) no longer does so. no longer does so, and shall apply without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. 7. Appropriate credit for flood control structures Section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 (k) Actual protection provided by levee systems The Administrator may not issue a flood insurance rate map or an update to a flood insurance rate map for an area unless— (1) the flood insurance rate map or update adequately reflects the protection provided by any levee system in the area against the base flood, regardless of the accreditation status of the levee system under section 65.10 (2) the community in which any levee system in the area is located elects not to provide the data necessary for the Administrator to issue a flood insurance rate map or update that adequately reflects the protection provided by the levee system against the base flood. .

Responsible Implementation of Flood Insurance Reform Act of 2013

Reducing Overlapping Payments Act - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to require reduced to zero the total of an individual's monthly disability insurance benefits and any spouse's, surviving spouse's, child's, widow's, widower's, or parent's OASDI benefits based on the individual's wages and self-employment income for any month before the individual attains retirement age in which that individual is entitled to both disability insurance benefits and unemployment compensation. (Thus allows only unemployment compensation in such a situation.)

113 S1099 IS: Reducing Overlapping Payments Act U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1099 IN THE SENATE OF THE UNITED STATES June 6, 2013 Mr. Coburn Mr. Manchin Mr. Flake Mr. King Committee on Finance A BILL To ensure that individuals do not simultaneously receive unemployment compensation and disability insurance benefits. 1. Short title This Act may be cited as the Reducing Overlapping Payments Act 2. Prohibition on payment of benefits based on receipt of unemployment compensation (a) In general Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended by inserting after section 224 the following new section: 224A. Prohibition on payment of benefits based on receipt of unemployment compensation (a) If for any month prior to the month in which an individual attains retirement age (as defined in section 216(l)(1))— (1) such individual is entitled to benefits under section 223, and (2) such individual is entitled for such month to unemployment compensation, the total of the individual's benefits under section 223 for such month and of any benefits under subsections (b) through (h) of section 202 for such month based on the individual's wages and self-employment income shall be reduced to zero. (b) (1) Notwithstanding any other provision of law, the head of any Federal agency shall provide such information within its possession as the Commissioner may require for purposes of making a timely determination under this section for reduction of benefits payable under this title, or verifying other information necessary in carrying out the provisions of this section. (2) The Commissioner is authorized to enter into agreements with States, political subdivisions, and other organizations that administer unemployment compensation, in order to obtain such information as the Commissioner may require to carry out the provisions of this section. (3) Any determination by the Commissioner pursuant to this section shall be subject to the requirements described in section 205(b)(1), including provision of reasonable notice and opportunity for a hearing. (c) For purposes of this section, the term unemployment compensation . (b) Effective date The amendment made by subsection (a) shall apply to benefits payable for months beginning after 180 days after the date of enactment of this Act.

Reducing Overlapping Payments Act

Fiscal Sustainability Act of 2013 - Amends title XI of the Social Security Act (SSA) to authorize a five-year renewable comprehensive Medicaid waiver to allow a state to elect to provide medical assistance under SSA title XIX (Medicaid), directly or by contract, to eligible individuals pursuant to the comprehensive waiver in lieu of providing such assistance under an approved state plan or an approved waiver. Allows a state to elect also to treat under the same comprehensive Medicaid waiver individuals eligible for child health assistance under SSA title XXI (State Children's Health Insurance Program) (CHIP). Makes a state conducting a comprehensive Medicaid waiver eligible for a shared savings bonus of 25% of the waiver savings. Directs the Secretary of Health and Human Services (HHS) to establish a template for determining the aggregate spending cap for each state for each period for which the state conducts a comprehensive Medicaid waiver. Amends SSA title XIX to phase-in elimination of allowable provider taxes under the Medicaid program. Medicare Total Health Act of 2013 - Amends SSA title XVIII (Medicare) to establish the Medicare Total Health Program. Sunsets Medicare Advantage (Medicare+Choice) plans under SSA title XVIII part C on January 1, 2017. Includes in a qualified Total Health benefits package: (1) standard health benefits coverage (as under the original Medicare fee-for-service program option) with access to negotiated process, and (2) alternative Total Health benefits coverage with at least actuarially equivalent benefits and access to negotiated prices. Allows a qualified Total Health benefits package to include supplemental health benefits coverage consisting of either or both of certain reductions in cost-sharing or additional benefits not covered under the original Medicare fee-for-service program option, which might be prescription drug coverage under Medicare part D (Voluntary Prescription Drug Benefits Program). Directs the Secretary to establish larger-than-county Total Health regions as service areas according to a specified procedure. Prescribes requirements for Total Health sponsors, premiums, directs subsidies and cost-sharing, special rules for employer-sponsored programs, and coordination with state Medicaid programs. Replaces the Medicare part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) premium with a Medicare total health program plan premium. Establishes thresholds and caps for out-of-pocket expenses. Establishes a unified Medicare deductible of $550 for 2015 (adjusted for any subsequent year by the percentage change in the Chained Consumer Price Index for All Urban Consumers for the 12-month period ending with June of such preceding year). Establishes a uniform Medicare coinsurance rate of 20%. Directs the Secretary to request the National Association of Insurance Commissions to review and revise the standards for benefit packages, updating them to include requirements for specified cost-sharing. Prohibits issuance of Medicare supplemental (Medigap) policies to an individual after December 31, 2006, unless the individual was covered under a Medigap policy as of such date. Amends the Statutory Pay-As-You-Go-Act of 2010 to eliminate the exemption of Medicare payments to physicians from estimates of budgetary effects. Reduces from $80,000 to $50,000 the threshold amount for 2013 and subsequent years for determining the monthly amount of the premium subsidy (for high-income beneficiaries) applicable to Medicare part B and part D premiums. Extends temporary adjustments to income thresholds. Increases the Medicare eligibility age (currently age 65) to: (1) 65 and 2 months for an individual who attains age 65 bet wen 2013 and 2025, and (3) 67 for an individual who attains age 65 after 2024. Limits Medicare payments for direct graduate medical education (GME). Reduces the Medicare indirect GME payments. Accelerates: (1) application of productivity adjustment to Medicare home health prospective payment amounts, and (2) rebasing of Medicare home health prospective payments. Increases the percentage reduction of bad debt as an allowable cost in hospital, skilled nursing facility, and other provider services attributable to the deductibles and coinsurance amounts from FY2014 through FY 2018 (when bad debt will be eliminated as an allowable cost). Amends SSA title II (Old Age, Survivors, and Disability Insurance) (OASDI) to make adjustments to: (1) bend points in determining the primary insurance amount; and (2) calculation of benefit computation years. Establishes a minimum monthly Social Security insurance benefit. Increases monthly Social Security insurance benefit after 20 years of initial eligibility. Revises requirements for normal and early retirement age. Entitles disabled beneficiaries who attain early retirement age to only the larger or, if the individual so elects, only the smaller of disability or old age benefits. Directs the Commissioner of Social Security to establish: (1) an option for a fully insured individual to elect to receive a reduced monthly benefit after such individual attains age 62, and (2) a public information campaign to provide information and education regarding the implications on personal financial security of early and other retirement decisions and the need for greater retirement savings. Revises requirements for the coverage of state and local government employees. Amends the Internal Revenue Code to revise the formula for determining the cost-of-living adjustment for any calendar year. Modifies the cost-of-living indexation of Social Security benefits.

113 S11 IS: Fiscal Sustainability Act of 2013 U.S. Senate 2013-02-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 11 IN THE SENATE OF THE UNITED STATES February 26, 2013 Mr. Corker Mr. Alexander Committee on Finance A BILL To provide a comprehensive deficit reduction plan, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Fiscal Sustainability Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Medicaid Sec. 1101. Comprehensive Medicaid Waivers. Sec. 1102. Phased-in elimination of allowable provider taxes under Medicaid. TITLE II—Medicare Subtitle A—Medicare Total Health program; Medicare Fee-for-Service program reforms; Reports Sec. 2000. Short title; purpose. PART I—Medicare Total Health program Sec. 2001. Establishment of Medicare Total Health program. Subpart 2—Medicare Total Health program Sec. 1860C–1. Eligibility, enrollment, and information. Sec. 1860C–2. Total Health plan benefits. Sec. 1860C–3. Access to a choice of qualified Total Health benefits plans. Sec. 1860C–4. Beneficiary protections for Total Health plan enrollees. Sec. 1860C–5. Total Health regions; submission of bids; Total Health plan approval. Sec. 1860C–6. Requirements for and contracts with Total Health sponsors. Sec. 1860C–7. Total Health premiums. Sec. 1860C–8. Premium and cost-sharing support for Total Health eligible individuals. Sec. 1860C–9. Exemption for MSA plans. Sec. 1860C–10. Special rules for employer-sponsored programs. Sec. 1860C–11. Coordination with State Medicaid programs. Sec. 1860C–12. Definitions and miscellaneous provisions. Sec. 2002. Replacement of part B premium with Medicare Total Health program plan premium; other technical and conforming amendments. PART II—Medicare fee-for-Service reforms Sec. 2011. Medicare protection against high out-of-pocket expenditures for fee-for-service benefits. Sec. 2012. Unified Medicare deductible. Sec. 2013. Uniform Medicare coinsurance rate. Sec. 2014. Prohibition on first-dollar coverage under Medigap policies and development of new standards for Medigap policies. PART III—Annual report to Congress Sec. 2021. Annual report to Congress. Subtitle B—Elimination of exemption of Medicare payments to physicians under statutory PAYGO Sec. 2101. Elimination of exemption of Medicare payments to physicians under statutory PAYGO. Subtitle C—Adjustments to Medicare part B and D premiums for high-Income beneficiaries Sec. 2201. Adjustments to Medicare part B and D premiums for high-income beneficiaries. Subtitle D—Increase in the Medicare eligibility age Sec. 2301. Increase in the Medicare eligibility age. Subtitle E—Other provisions Sec. 2401. Limitation on Medicare payments for direct graduate medical education (DGME). Sec. 2402. Reduction in Medicare indirect graduate medical education (IME) payments. Sec. 2403. Acceleration of application of productivity adjustment to Medicare home health prospective payment amounts. Sec. 2404. Acceleration of rebasing of Medicare home health prospective payment amounts. Sec. 2405. Reduction of bad debt treated as an allowable cost. TITLE III—Social Security Sec. 3101. Adjustments to bend points in determining primary insurance amount. Sec. 3102. Adjustment to calculation of benefit computation years. Sec. 3103. Minimum Social Security benefit. Sec. 3104. Increase in benefits starting 20 years after initial eligibility. Sec. 3105. Adjustment to normal and early retirement ages. Sec. 3106. Application of actuarial reduction for disabled beneficiaries who attain early retirement age. Sec. 3107. Option to collect up to one-half of old-age insurance benefit at age 62. Sec. 3108. Coverage of newly hired State and local employees. Sec. 3109. Inclusion in annual Social Security account statement of estimated present value of taxes and benefits for Social Security and Medicare and projected deficit as a percent of lifetime earnings. Sec. 3110. Retirement information campaign. TITLE IV—Conversion to chained CPI Sec. 4101. Conversion to Chained CPI. I Medicaid 1101. Comprehensive Medicaid Waivers Section 1115 of the Social Security Act ( 42 U.S.C. 1315 (g) Comprehensive Medicaid Waivers (1) Authority (A) In general A State may elect to provide medical assistance under title XIX, directly or by contract, to eligible individuals pursuant to a comprehensive Medicaid waiver under this subsection in lieu of providing such assistance under a State plan approved under title XIX or a waiver approved under subsection (d) or extended under subsection (e). A State shall make such an election by submitting a waiver application to the Secretary for certification that the application satisfies the requirements of paragraph (2). (B) Waiver of State Medicaid program requirements Any requirements applicable under this title or title XIX that would prevent a State from carrying out a comprehensive Medicaid waiver in accordance with the State's certified application and the requirements of this subsection are deemed waived. (C) Shared savings bonus A State conducting a comprehensive Medicaid waiver under this subsection shall be eligible for a shared savings bonus in accordance with paragraph (4). (D) Option to include CHIP-eligible individuals A State may elect to treat individuals eligible for child health assistance under the State child health plan under title XXI as eligible individuals under a comprehensive Medicaid waiver. The waiver application and determination of the aggregate spending cap for the State for the waiver period shall take into account the inclusion of such individuals in the comprehensive Medicaid waiver. Any requirements applicable under this title, title XIX, or title XXI that would prevent a State from including such individuals in the comprehensive Medicaid waiver in accordance with the State's certified application and the requirements of this subsection are deemed waived. (2) Comprehensive Medicaid waiver application An application for a comprehensive Medicaid waiver under this subsection shall contain the following: (A) General description of proposed benefit delivery models, eligibility criteria, and benefits A brief description, which may be in outline form, of the eligibility criteria and medical assistance to be provided that includes the methods for delivery of such assistance, the criteria for the determination of eligibility for such assistance, and the amount, duration, and scope of such assistance, including a description of the amount (if any) of premiums, deductibles, coinsurance, or other cost-sharing. (B) HEDIS measures to evaluate performance (i) In general A description of not less than 20 of the standard Medicaid Healthcare Effectiveness Data and Information Set (HEDIS) measures established by the National Committee for Quality Assurance selected by the State to annually evaluate the quality and cost-effectiveness of the medical assistance provided under the waiver, and for each such measure (and, if applicable, the distinct rates associated with the measure), the baseline data and the target performance goal applicable for each such measure or rate. The State shall select HEDIS measures that are closely aligned with the health care items and services that are provided to eligible individuals as medical assistance under the waiver. (ii) Evaluation The description under this subparagraph shall specify the independent entity that the State will use to evaluate the waiver. The State shall provide an assurance that the State will submit a copy of the annual evaluation to the Secretary. (C) Program integrity A brief description of the State's program to prevent waste, fraud, and abuse under the waiver. (D) Aggregate spending cap An assurance that the State agrees— (i) to establish categories that accurately account for each of the distinct population groups that will qualify as eligible individuals under the waiver (such as children, parents, pregnant women, and the blind or disabled) based on such criteria as are determined appropriate by the State (referred to in this subsection as a population category (ii) to provide the Secretary with all data relevant to the determination of the aggregate spending cap for the State for the waiver period, as determined by the Secretary under paragraph (3)(B); and (iii) with respect to each period for which the waiver is approved, to not receive any Federal payments from the Secretary for amounts expended during such period that exceed the aggregate spending cap. (3) Determination of aggregate spending cap (A) Establishment of spending template (i) In general The Secretary, in coordination with the Director of the Office of Management and Budget (referred to in this subsection as the Director (I) publish a proposed template not later than 60 days after the date of enactment of this subsection; (II) provide for a period for public comment on the proposed template; and (III) promulgate a final template not later than 120 days after such date of enactment. (ii) Revisions (I) In general Subject to subclause (II), the Secretary, in coordination with the Director, shall revise the template, as appropriate, not less than every 5 years pursuant to a process that allows for public comment prior to publication of the revised template. (II) Technical changes The Secretary or the Director may make any necessary technical or conforming changes to the template at such times and in such manner as is determined appropriate. (B) Determination of aggregate spending cap for each State (i) In general Subject to subparagraph (C), the aggregate spending cap applicable to a State for a waiver period shall be equal to 99 percent of the amount determined under clause (ii). (ii) Total amount of projected Federal payments The amount described in this clause is equal to the sum of— (I) the total amount of Federal payments that would otherwise be made to the State during the waiver period with respect to any disproportionate share payment adjustment made under section 1923; and (II) the sum of the amounts determined under clause (iii) for each population category. (iii) Projected Federal payments for medical assistance provided to population categories For purposes of clause (ii)(II), the Secretary and the Director shall calculate the amount of projected expenditures for the provision of medical assistance to eligible individuals in each population category during the waiver period (as determined based upon the population categories established and the data provided by the State pursuant to paragraph (2)(D), as well as the annual baseline estimates supplied by the Director and such other data as is determined appropriate by the Secretary), which shall be equal to the product of— (I) subject to clause (iv), the monthly per capita amount of Federal payments that were made to the State under the State plan under title XIX (or under a waiver approved under subsection (d) or extended under subsection (e)) for an individual in such population category during the fiscal year prior to the State application for the waiver (referred to in this paragraph as the population category per capita baseline (II) the number of individuals within such population category that are projected to be eligible to receive medical assistance during the waiver period; and (III) the number of months in the waiver period. (iv) Population categories with no baseline data For purposes of any determination under clause (iii)(I) for a population category that lacks sufficient data to calculate the population category per capita baseline and that consists of individuals for which the State would otherwise be required to provide medical assistance to pursuant to section 1902(a)(10)(A)(i)(VIII), the population category per capita baseline shall be equal to the monthly per capita amount of Federal payments that would otherwise have been made to the State under the State plan under title XIX (or under a waiver approved under subsection (d) or extended under subsection (e)) during the preceding fiscal year for an individual who is under 65 years of age, not pregnant, not entitled to, or enrolled for, benefits under part A of title XVIII, or enrolled for benefits under part B of title XVIII. (v) Budget neutrality In no event shall the aggregate spending cap established for a State for a waiver period allow for Federal payments to the State during the waiver period that exceed the amount of Federal payments to the State that would have been made during that period if the State had not elected to conduct a comprehensive Medicaid waiver under this subsection during the period. (C) Adjustment of aggregate spending cap for high unemployment For purposes of subparagraph (B)(i), if the average monthly unemployment rate (as defined in paragraph (8)(A)) for a State exceeds 10 percent for any consecutive period of at least 6 months occurring during the waiver period, the aggregate spending cap applicable to the State for such waiver period shall be equal to 100 percent of the amount determined under subparagraph (B)(ii). (4) Shared savings bonuses (A) In general The Secretary shall annually pay each State conducting a comprehensive Medicaid waiver under this subsection an amount equal to 25 percent of the waiver savings determined with respect to a State and a waiver period under subparagraph (C). (B) Dedicated to health care A State that receives a payment under this paragraph shall spend not less than 80 percent of the payment on health care services or health-related activities for eligible individuals. (C) Determination of waiver savings The Secretary and the Director shall establish a process for determining with respect to a State and a waiver period the amount of savings achieved by a State for the period. The process shall take into account the difference between the aggregate spending cap applicable to the State for the waiver period and the total amount expended by the State under the waiver for the period. (D) Payment; retrospective adjustment The Secretary shall make annual payments under this paragraph on the basis of claims submitted by the State for expenses paid by the State for medical assistance provided under the waiver, and such other investigation as the Secretary or the Director may find necessary, and may reduce or increase the payments as necessary to adjust for prior overpayments or under payments under this paragraph. (5) Duration (A) In general A State shall conduct a comprehensive Medicaid waiver under this subsection for a 5-year period. Subject to subparagraph (B), a comprehensive Medicaid waiver may be renewed for additional 3-year periods upon the request of the State, unless within 90 days after receipt of a State request for a renewal of a waiver, the Secretary and the Director determine, based on the State evaluations required under paragraph (2)(B), that the waiver should not be renewed. (B) State evaluations and target performance goals For purposes of subparagraph (A), the Secretary and the Director may not renew a waiver unless each of the measures or rates selected by the State pursuant to paragraph (2)(B) has improved or remained constant during the waiver period. (6) Limited Secretarial authority; administrative and judicial review (A) Certification of waiver applications (i) In general Except as provided under clause (ii), the Secretary and the Director shall have 90 days from receipt of an application by a State for a comprehensive Medicaid waiver to certify the application as satisfying the requirements of paragraph (2). (ii) Inquiries The Secretary and the Director may submit a single set of inquiries for additional information to the State during the initial 90-day period described under clause (i). If a State receives a set of inquires, the State shall have up to 60 days to respond. The Secretary and the Director shall have an additional 30-day period, starting on the date the Secretary receives a State response to a set of inquiries, to make a final determination as to whether the State's waiver application may be certified as complying with the requirements of paragraph (2). (iii) Failure to respond by the Secretary An application by a State for a comprehensive Medicaid waiver shall be deemed certified by the Secretary if the Secretary does not submit any inquiries during the initial 90-day review period. (iv) Effective date A waiver that has been certified by the Secretary (or deemed to be certified) may be effective, at the discretion of the State, as of the first day of the calendar quarter in which the application for the waiver was submitted by the State. (B) Denial of waiver applications or renewal requests (i) In general If the Secretary and the Director determine that an application for a comprehensive Medicaid waiver, or a request for extension of an existing comprehensive Medicaid waiver, does not satisfy the requirements of paragraph (2), the Secretary shall notify the State of the disapproval by written notification, not later than 10 days following the issuance of such determination and shall provide a detailed description of the reasons for the denial of the waiver to— (I) the State that submitted the waiver application or extension request; (II) the members of Congress representing such State; and (III) the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives. (ii) Administrative and judicial review (I) Administrative review Within 60 days after the date that a State receives notice of the denial of a waiver application or extension request, the State may appeal the determination to the Departmental Appeals Board established in the Department of Health and Human Services. The Departmental Appeals Board shall make a final determination with respect to an appeal filed under this subparagraph not less than 60 days after the date on which the appeal is filed. (II) Judicial review Within 60 days after the date of a final decision by the Board under subclause (I) that is adverse to a State, the State may obtain judicial review of the final decision by filing an action in the district court of the United States for the judicial district in which the principal or headquarters office of the State agency responsible for administering the State Medicaid program is located or the United States District Court for the District of Columbia. (C) Reports (i) In general Not later than 2 years after the date on which the Secretary and the Director first approve an application for a comprehensive Medicaid waiver under this subsection and every 3 years thereafter, the Comptroller General of the United States (referred to in this subparagraph as the Comptroller (ii) Reporting of information A State with a comprehensive Medicaid waiver under this subsection shall provide the Comptroller, in such form and manner as the Comptroller may require, with any relevant information regarding the waiver, including total expenditures by the State under the waiver, the number of individuals provided medical assistance under the waiver, and such other information as the Comptroller may require for purposes of preparing the reports required under this subparagraph. (7) Non-applications A comprehensive Medicaid waiver shall not apply to— (A) the pediatric vaccine program under section 1928; and (B) limitations on total payments to territories under section 1108. (8) Outreach and education (A) State awareness Not later than 30 days after the date of enactment of this subsection, the Secretary shall conduct an outreach and education campaign to States regarding the availability of comprehensive Medicaid waivers under this subsection. (B) Public notice and comment Before submitting an application for a comprehensive Medicaid waiver, a State shall make the proposed application available to the public through such means as the State determines appropriate and allow for a reasonable public comment period of not greater than 30 days. (C) Public awareness of approved waiver A State that has been certified for a comprehensive Medicaid waiver shall conduct an outreach and education campaign to ensure that health care providers and eligible individuals within the State are provided with adequate notice regarding the methods and criteria through which the State intends to provide medical assistance under the waiver. (9) Definitions In this subsection: (A) Average monthly unemployment rate The term average monthly unemployment rate (B) Eligible individual The term eligible individual (i) any individual who, for such year, the State would otherwise be required to provide medical assistance to pursuant to— (I) section 1902(a)(10)(A)(i); (II) paragraphs (1) or (4) of section 1902(e); (III) section 1925; or (IV) section 1931; and (ii) at the option of the State, any individual who, for such year, the State would otherwise provide child health assistance to under the State child health plan under title XXI; and (iii) at the option of the State, any individual who is not described in clause (i) or (ii) and who satisfies such income, resources, health status, or other criteria as the State may establish. (C) Medical assistance The term medical assistance (i) health care coverage (as determined by the State); and (ii) rehabilitation and other services to help eligible individuals attain or retain capability for independence or self-care, such as home and community-based services. (D) State Medicaid program The term State Medicaid program . 1102. Phased-in elimination of allowable provider taxes under Medicaid (a) In general Clause (ii) of section 1903(w)(4)(C) of the Social Security Act ( 42 U.S.C. 1396b(w)(4)(C) (ii) For purposes of clause (i), a determination of the existence of an indirect guarantee shall be made under paragraph (3)(i) of section 433.68(f) (I) for portions of fiscal years beginning on or after January 1, 2008, and before October 1, 2011, 5.5 percent 6 percent (II) for fiscal years 2012 and 2013, the percentage specified under such paragraph shall apply; (III) for fiscal years 2014 through 2022, the percentage determined under clause (iii) for the fiscal year shall be substituted for 6 percent (IV) for fiscal year 2023 and each fiscal year thereafter, 0 percent 6 percent (iii) For purposes of clause (ii)(III), the percentage determined under this clause shall be equal to the percentage applicable under subclause (II) or (III) of clause (ii) for the preceding fiscal year, reduced by 0.6 percentage points. . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2013. II Medicare A Medicare Total Health program; Medicare Fee-for-Service program reforms; Reports 2000. Short title; purpose (a) Short title This subtitle may be cited as the Medicare Total Health Act of 2013 (b) Purpose The purpose of this subtitle is to amend title XVIII of the Social Security Act to improve the sustainability of the Medicare program by establishing a Total Health system, reforming the Medicare fee-for-service program, and for other purposes. I Medicare Total Health program 2001. Establishment of Medicare Total Health program (a) Sunset of Medicare Advantage plans Section 1851(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–21(a)(1) Subject to For plan years beginning prior to January 1, 2017, and subject to (b) Establishment Part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. (1) in the part heading, by striking Medicare+Choice program Medicare Advantage program; Medicare Total Health Program (2) by inserting before section 1851 the following: 1 Medicare Advantage program ; and (3) by adding at the end the following new subpart: 2 Medicare Total Health program 1860C–1. Eligibility, enrollment, and information (a) Eligibility (1) In general Notwithstanding section 1851(a)(1) and subject to the succeeding provisions of this subpart, each Total Health eligible individual (as defined in paragraph (3)) may elect to receive benefits under this title— (A) through the original medicare fee-for-service program under parts A and B, including the option to elect qualified prescription drug coverage in accordance with section 1860D–1; or (B) through enrollment in a Total Health plan under this subpart. (2) Coverage first effective January 1, 2017 Coverage under the Medicare Total Health program shall first be effective on January 1, 2017. (3) Total health eligible individual For purposes of this subpart, the term Total Health eligible individual (4) Types of total health plans that may be available A Total Health plan may be any of the types of plans of health insurance described in section 1851(a)(2)(A), including a plan for special needs individuals described in clause (ii) of such section. (b) Enrollment process for Total Health plans (1) Establishment of process (A) In general The Secretary shall establish a process for the enrollment, disenrollment, termination, and change of enrollment of Total Health eligible individuals in Total Health plans in a manner similar to (and coordinated with) the process established under section 1860D–1(b)(1). (B) Requirements Except as otherwise provided in this subsection, the process established under subparagraph (A) shall include a residency requirement similar to the residency requirement described in section 1851(b)(1) and shall take into account the process for exercising choice described in section 1851(c). (2) Initial enrollment period (A) Program initiation In the case of an individual who is a Total Health eligible individual as of November 15, 2016, there shall be an initial enrollment period beginning on October 15, 2016, and ending on December 7, 2016. (B) Continuing periods In the case of an individual who first becomes a Total Health eligible individual after November 15, 2016, there shall be an initial enrollment period which is the same as the period under section 1851(e)(1). (3) Annual, coordinated election period (A) In general As part of the process established under paragraph (1), each individual who is eligible to make an election under this section may change such election during an annual, coordinated election period. (B) Annual, coordinated election period For purposes of this section, the term annual, coordinated election period (4) Special enrollment periods The Secretary shall establish special enrollment periods that are similar to the special enrollment periods established under section 1851(e)(4). (5) Special rule (A) In general Notwithstanding any other provision of law, the process established under paragraph (1) shall include, in the case of a Total Health eligible individual who has failed to enroll in either the original medicare fee-for-service program option or a Total Health plan prior to the beginning of a plan year (including a full-benefit dual eligible individual (as defined in section 1935(c)(6))), for the enrollment in a Total Health plan with a monthly beneficiary premium under section 1860C–7(a) (taking into account any adjustment under subparagraph (B) or (C) of section 1860C–7(a)(2) and without regard to any adjustment under subparagraph (D) or (E) of such section) that does not exceed the base beneficiary premium computed under section 1860C–7(a)(1). (B) Selection of plan by the secretary In selecting a plan for the enrollment of a Total Health eligible individual under subparagraph (A), the Secretary shall first attempt to identify the Total Health plan in which the cost-sharing and health benefits are most similar to the coverage the individual had in the preceding plan year. If there is more than one such plan available, the Secretary shall enroll such an individual on a random basis among all such plans in the Total Health region. Nothing in the previous sentence shall prevent such an individual from declining or changing such enrollment. (C) Individuals who are not total health eligible individuals The Secretary shall establish procedures under which individuals who are entitled to, or enrolled for, coverage under part A or enrolled for coverage under part B (but not both), may continue to receive benefits with deductible and coinsurance amounts comparable to the benefits, deductible, and coinsurance amounts they would have received if this subpart had not been enacted. (c) Providing information to beneficiaries (1) In general The Secretary shall conduct activities that are designed to broadly disseminate information to Total Health eligible individuals (and prospective Total Health eligible individuals) regarding the coverage provided under this subpart. Such activities shall ensure that such information is first made available at least 30 days prior to the initial enrollment period described in subsection (b)(2)(A). (2) Activities The activities conducted under paragraph (1) shall be similar to the activities described in paragraph (2) of section 1860D–1(c) and contain comparative information similar to the information described in paragraph (3) of such section. 1860C–2. Total Health plan benefits (a) Requirements (1) Qualified total health benefits Each Total Health plan shall provide to individuals enrolled under this subpart, through providers and other persons that meet the applicable requirements of this title and part A of title XI, a qualified Total Health benefits package and qualified prescription drug coverage (described in section 1860D–2(a)). (2) Definition of qualified total health benefits package For purposes of this subpart, the term qualified Total Health benefits package (A) Standard health benefits coverage with access to negotiated prices Standard health benefits coverage (as defined in subsection (b)) and access to negotiated prices under subsection (d). (B) Alternative total health benefits coverage with at least actuarially equivalent benefits and access to negotiated prices Coverage of health benefits which meets the alternative health benefits coverage requirements under subsection (c) and access to negotiated prices under subsection (d), but only if the benefit design of such coverage is approved by the Secretary, as provided under subsection (c). (3) Permitting supplemental health benefits coverage (A) In general Subject to subparagraph (B), a qualified Total Health benefits package may include supplemental health benefits coverage consisting of either or both of the following: (i) Certain reductions in cost-sharing (I) In general A reduction in the annual deductible or a reduction in the coinsurance percentage, or any combination thereof, insofar as such a reduction or increase increases the actuarial value of benefits above the actuarial value of a basic Total Health benefits package. (II) Construction Nothing in this clause shall be construed as affecting the application of subsection (c)(3). (ii) Additional benefits Coverage of any health care item or service that is not covered under the original medicare fee-for-service program option or that is eligible for coverage under part D, subject to the approval of the Secretary. (B) Requirement for at least one basic benefits plan A Total Health sponsor may not offer a Total Health plan that provides supplemental health benefits coverage pursuant to subparagraph (A) in an area unless the sponsor also offers a Total Health plan in the area that only provides a basic Total Health benefits package. (4) Basic total health benefits package For purposes of this subpart, the term basic Total Health benefits package (A) Coverage that meets the requirements of paragraph (2)(A). (B) Coverage that meets the requirements of paragraph (2)(B) but does not have any supplemental health benefits coverage described in paragraph (3)(A). (5) Application of secondary payer provisions The provisions of section 1852(a)(4) shall apply under this subpart in the same manner as such provisions applied to a Medicare Advantage plan. (6) Construction Nothing in this subsection shall be construed as changing the computation of incurred costs under subsection (b)(3). (b) Standard health benefits coverage For purposes of this subpart, the term standard health benefits coverage (1) Deductible The coverage has an annual deductible that is equal to the amount of the unified deductible for the year under section 1899C. (2) 20 percent coinsurance The coverage has coinsurance (for costs above the annual deductible specified in paragraph (1) and up to the first threshold annual out-of-pocket limit specified in paragraph (3)(B)(i)) that is— (A) equal to 20 percent; or (B) actuarially equivalent (using processes and methods established by the Secretary) to an average expected payment of 20 percent of such costs. (3) Protection against high out-of-pocket expenditures (A) In general The coverage provides benefits, after the Total Health eligible individual has incurred costs (as described in subparagraph (C)) for health benefits in a year equal to— (i) the first threshold annual out-of-pocket limit specified in subparagraph (B)(i) for that year but less than the second threshold annual out-of-pocket limit specified in subparagraph (B)(ii) for that year, with coinsurance that is equal to 5 percent; and (ii) the second threshold annual out-of-pocket limit specified in subparagraph (B)(ii) for that year, without coinsurance. (B) Annual out-of-pocket limits specified For purposes of this subpart: (i) First threshold annual out-of-pocket limit specified The first threshold annual out-of-pocket limit (ii) Second threshold annual out-of-pocket limit specified The second threshold annual out-of-pocket limit (C) Application In applying subparagraph (A), incurred costs shall only include costs incurred with respect to health benefits for the annual deductible described in paragraph (1) and for cost-sharing described in paragraph (2) or paragraph (3)(A)(i), or for benefits that would have otherwise been covered under the plan but for the exhaustion of those benefits. Incurred costs do not include any costs incurred for health benefits which are not included (or treated as being included) under the plan. (c) Alternative total health benefits coverage requirements A Total Health plan may provide a different benefit design from standard health benefits coverage so long as the Secretary determines that the following requirements are met and the plan applies for, and receives, the approval of the Secretary for such benefit design: (1) Assuring at least actuarially equivalent coverage (A) Assuring equivalent value of total coverage The actuarial value of the total coverage is at least equal to the actuarial value of standard health benefits coverage. (B) Assuring equivalent unsubsidized value of coverage The unsubsidized value of the coverage is at least equal to the unsubsidized value of standard health benefits coverage. For purposes of this subparagraph, the unsubsidized value of coverage is the amount by which the actuarial value of the coverage exceeds the subsidy payments with respect to such coverage. (C) Assuring standard payment for costs below first threshold annual out-of-pocket limit The coverage is designed, based upon an actuarially representative pattern of utilization, to provide for the payment, with respect to costs incurred up to the first threshold annual out-of-pocket limit specified in subsection (b)(3)(B)(i), of an amount equal to at least the product of— (i) the amount by which the costs incurred exceed the deductible described in subsection (b)(1) for the year; and (ii) 100 percent minus the coinsurance percentage specified in subsection (b)(2). (2) Approval of benefit package The benefit package is approved by the Secretary as containing a comparable range of benefits to standard health benefits coverage and meets such other requirements of this subpart as the Secretary may specify. (3) Maximum required deductible The deductible under the coverage shall not exceed the deductible amount specified under subsection (b)(1) for the year. (4) Same protection against high out-of-pocket expenditures The coverage provides the coverage required under subsection (b)(3). (d) Access to negotiated prices (1) Access (A) In general Under a qualified Total Health benefits package offered by a Total Health sponsor offering a Total Health plan, the sponsor shall provide enrollees with access to negotiated prices used for payment for covered health benefits, regardless of the fact that no benefits may be payable under the coverage with respect to such benefits because of the application of a deductible or other cost-sharing. (B) Negotiated prices For purposes of this subpart, negotiated prices shall take into account negotiated price concessions, such as discounts, direct or indirect subsidies, rebates, and direct or indirect remunerations, for covered health benefits. (2) Audits To protect against fraud and abuse and to ensure proper disclosures and accounting under this part and in accordance with section 1857(d)(2)(B), the Secretary may conduct periodic audits, directly or through contracts, of the financial statements and records of Total Health sponsors with respect to Total Health Plans. (3) Application of general exclusion provisions (A) In general A Total Health plan may exclude from a qualified Total Health benefits package any health care item or service— (i) for which payment would not be made if section 1862(a) applied to this subpart; or (ii) which is not prescribed in accordance with the Total Health plan or this subpart. (B) Reconsideration and appeal Any exclusion under subparagraph (A) is a determination subject to reconsideration and appeal under this subpart. (e) Satisfaction of requirements A Total Health plan satisfies the requirements of subsection (a) in the same way a Medicare Advantage plan satisfied the requirements of section 1852(a)(2). 1860C–3. Access to a choice of qualified Total Health benefits plans (a) Assuring access to a choice of plans (1) Choice of at least two plans in each area The Secretary shall ensure that each Total Health eligible individual has available, consistent with paragraph (2), a choice of enrollment in at least 2 Total Health plans in the area in which the individual resides. (2) Requirement for different plan sponsors The requirement in paragraph (1) is not satisfied with respect to an area if only one entity offers all of the qualifying plans in the area. (b) Flexibility in risk assumed In order to ensure access pursuant to subsection (a) in an area the Secretary may approve limited risk plans under section 1860C–5(g) for the area. 1860C–4. Beneficiary protections for Total Health plan enrollees (a) Dissemination of information (1) General information A Total Health sponsor shall disclose, in a clear, accurate, and standardized form to each enrollee with a Total Health plan offered by the sponsor under this subpart at the time of enrollment and at least annually thereafter, the information described in section 1852(c)(1) relating to such plan, insofar as the Secretary determines appropriate with respect to benefits provided under this subpart, and including the information described in section 1860D–4 relating to qualified prescription drug coverage under the plan. (2) Disclosure upon request of general coverage, utilization, and grievance information Upon request of a Total Health eligible individual who is eligible to enroll in a Total Health plan, the Total Health sponsor offering such plan shall provide information similar (as determined by the Secretary) to the information described in section 1852(c)(2) to such individual. (3) Provision of specific information Each Total Health sponsor offering a Total Health plan shall have a mechanism for providing specific information on a timely basis to enrollees upon request. Such mechanism shall include access to information through the use of a toll-free telephone number and, upon request, the provision of such information in writing. (4) Claims information (A) In general A Total Health sponsor offering a Total Health plan must furnish to each enrollee in a form easily understandable to such enrollees— (i) an explanation of benefits (in accordance with section 1806(a) or in a comparable manner); and (ii) when Total Health benefits are provided under this subpart, a notice of the benefits in relation to— (I) the deductible described in paragraph (1) of section 1860C–2(b) for the current year; and (II) the annual out-of-pocket limits under paragraph (3) of such section for the current year. (B) Timing of notices Notices under subparagraph (A)(ii) need not be provided more often than as specified by the Secretary. (b) Access to health care providers (1) Assuring provider access (A) Discounts allowed for network providers For health benefits furnished through in-network providers, a Total Health plan may reduce coinsurance or copayments for Total Health eligible individuals enrolled in the plan below the level otherwise required. In no case shall such a reduction result in an increase in payments made by the Secretary under section 1860C–8 to the Total Health sponsor of the plan. (B) Convenient access for network providers (i) In general The Total Health sponsor of the Total Health plan shall secure the participation in its network of a sufficient number of health care providers that furnish health care items and services under the plan directly to patients to ensure convenient access (consistent with rules established by the Secretary). (ii) Adequate emergency access Such rules shall include adequate emergency access for enrollees. (C) Level playing field Such a sponsor shall permit enrollees to receive benefits through any health care provider participating in the program under this title with any differential in charge paid by such enrollees. (2) Use of standardized technology (A) In general The Total Health sponsor of a Total Health plan shall issue (and reissue, as appropriate) such a card (or other technology) that may be used by an enrollee to assure access to health benefits under this subpart. (B) Standards (i) In general The Secretary shall provide for the development, adoption, or recognition of standards relating to a standardized format for the card or other technology required under subparagraph (A). Such standards shall be compatible with part C of title XI and may be based on standards developed by an appropriate standard setting organization. (ii) Consultation In developing the standards under clause (i), the Secretary shall consult with standard setting organizations determined appropriate by the Secretary. (iii) Implementation The Secretary shall develop, adopt, or recognize the standards under clause (i) by such date as the Secretary determines shall be sufficient to ensure that Total Health sponsors utilize such standards beginning January 1, 2017. (c) Cost and utilization management; quality assurance; wellness program (1) In general The Total Health sponsor shall have in place, directly or through appropriate arrangements, the following: (A) A cost-effective health benefits management program, including incentives to reduce costs when medically appropriate. (B) Quality assurance measures and systems to reduce errors and improve the use of health benefits. (C) A wellness program described in paragraph (2). (D) A program to control fraud, abuse, and waste. Nothing in this section shall be construed as impairing a Total Health sponsor from utilizing cost management tools (including differential payments) under all methods of operation. (2) Wellness program (A) Description A wellness program described in this paragraph is a program focused on health improvement, disease prevention, and management of chronic conditions for Total Health eligible individuals enrolled in a plan under this part to optimize health outcomes through improved use of health care items and services and to reduce the risk of adverse events. (B) Elements Such program may include elements that promote— (i) enhanced enrollee understanding to promote the appropriate use of health care items and services by enrollees and to reduce the risk of potential adverse events and to improve health outcomes through beneficiary education, counseling, and other appropriate means; (ii) increased enrollee adherence with recommended regimens through compliance programs and other appropriate means; and (iii) detection of adverse events and patterns of overuse and underuse of health care items and services. (C) Assessment The Total Health sponsor shall have in place a process to assess, at least on a quarterly basis, the health benefits use of individuals who are not enrolled in the wellness program. (D) Wellness program enrollment The Total Health sponsor shall have in place a process to— (i) subject to clause (ii), automatically enroll plan enrollees in the wellness program required under this subsection; and (ii) permit plan enrolles to opt-out of enrollment in the wellness program. (E) Development of program in cooperation with physicians Such program shall be developed in cooperation with physicians. (F) Coordination with care management plans The Secretary shall establish guidelines for the coordination of any wellness program under this paragraph with respect to a targeted beneficiary described in section 1860D–4(c)(2)(A)(i) (applied by substituting Total Health eligible individual part D eligible individual (G) Considerations in provider fees The Total Health sponsor of a Total Health plan shall take into account, in establishing fees for entities providing services under such plan, the resources used, and time required to, implement the wellness program under this paragraph. Each such sponsor shall disclose to the Secretary upon request the amount of any such fees. (d) Consumer satisfaction surveys In order to provide for comparative information under section 1860C–1(c), the Secretary shall conduct consumer satisfaction surveys with respect to Total Health sponsors and Total Health plans in a manner similar to the manner such surveys were conducted for MA organizations and MA plans under subpart 1. (e) Grievance mechanism Each Total Health sponsor shall provide meaningful procedures for hearing and resolving grievances between the sponsor (including any entity or individual through which the sponsor provides covered benefits) and enrollees with Total Health plans of the sponsor under this part in accordance with section 1852(f). (f) Coverage determinations and reconsiderations A Total Health sponsor shall meet the requirements of paragraphs (1) through (3) of section 1852(g) with respect to covered benefits under the Total Health plan offered by the sponsor under this subpart in the same manner as such requirements applied to an MA organization with respect to covered benefits under an MA plan offered by the organization under subpart 1. (g) Appeals A Total Health sponsor shall meet the requirements of paragraphs (4) and (5) of section 1852(g) with respect to benefits in a manner similar (as determined by the Secretary) to the manner such requirements applied to an MA organization with respect to benefits under the original medicare fee-for-service program option under an MA plan. In applying this subsection, only the Total Health eligible individual shall be entitled to bring such an appeal. (h) Privacy, confidentiality, and accuracy of enrollee records The provisions of section 1852(h) shall apply to a Total Health sponsor and Total Health plan in the same manner as such provisions applied to an MA organization and an MA plan. (i) Treatment of accreditation Subparagraph (A) of section 1852(e)(4) (relating to treatment of accreditation) shall apply to a Total Health sponsor under this part in the same manner as such subparagraph applied to an MA organization. (j) Requirements with respect to sales and marketing activities The following provisions shall apply to a Total Health sponsor (and the agents, brokers, and other third parties representing such sponsor) in the same manner as such provisions applied to a Medicare Advantage organization (and the agents, brokers, and other third parties representing such organization): (1) The prohibition under section 1851(h)(4)(C) on conducting activities described in section 1851(j)(1). (2) The requirement under section 1851(h)(4)(D) to conduct activities described in paragraph (2) of section 1851(j) in accordance with the limitations established under such section. (3) The inclusion of the plan type in the plan name under section 1851(h)(6). (4) The requirements regarding the appointment of agents and brokers and compliance with State information requests under subparagraphs (A) and (B), respectively, of section 1851(h)(7). 1860C–5. Total Health regions; submission of bids; Total Health plan approval (a) Establishment of total health regions; service areas (1) Coverage of entire total health region (A) In general The service area for a Total Health plan shall consist of an entire Total Health region established under paragraph (2). (B) No use of segments of service areas In no case may a Total Health plan serve only segments of the service area. (2) Establishment of total health regions (A) In general The Secretary shall establish, and may revise, Total Health regions in accordance with the requirements of this paragraph. (B) Regions to be larger than a single county Total Health regions shall include more than one county. (C) Regions within msas Among counties in a metropolitan statistical area, a Total Health region shall include all of the counties located in the same State in that metropolitan statistical area. (D) Regions outside msas Among counties outside a metropolitan statistical area, a Total Health region shall include all of the counties in the same State that the Secretary determines are accurate reflections of health care market areas, such as health service areas. (E) Authority for territories The Secretary shall establish, and may revise, Total Health regions for areas in States that are not within the 50 States or the District of Columbia. (3) National plan Nothing in this subsection shall be construed as preventing a Total Health plan from being offered in more than one Total Health region (including all Total Health regions). (b) Submission of bids, premiums, and related information (1) In general A Total Health sponsor shall submit to the Secretary information described in paragraph (2) with respect to each Total Health plan it offers. Such information shall be submitted at the same time and in a similar manner to the manner in which information described in paragraph (6) of section 1854(a) was submitted by an MA organization under paragraph (1) of such section. (2) Information described The information described in this paragraph is information on the following: (A) Benefits package provided The qualified Total Health benefits package provided under the plan, including the deductible and other cost-sharing. (B) Actuarial value The actuarial value of the qualified Total Health benefits package in the Total Health region for a Total Health eligible individual with a national average risk profile for the factors described in section 1860C–8(b)(1)(A) (as specified by the Secretary). (C) Bid Information on the bid, including an actuarial certification of— (i) the basis for the actuarial value described in subparagraph (B) assumed in such bid; (ii) the portion of such bid attributable to a basic Total Health benefits package and, if applicable, the portion of such bid attributable to supplemental benefits; and (iii) administrative expenses assumed in the bid. (D) Service area The service area for the plan (as described in subsection (a)(1)). (E) Level of risk assumed Whether the Total Health sponsor requires a modification of risk level and, if so, the extent of such modification. Any such modification shall apply with respect to all Total Health plans offered by a Total Health sponsor in a Total Health region. (F) Additional information Such other information as the Secretary may require to carry out this subpart. (3) Paperwork reduction for offering of total health plans nationally or in multi-region areas The Secretary shall establish requirements for the submission of information under this subsection in a manner that promotes the offering of such plans in more than one Total Health region (including all regions) through the filing of consolidated information. (c) Medicare fee-for-Service bid For purposes of this subpart, the bid for benefits under the original medicare fee-for-service program option (as defined in section 1852(a)(1)(B)) is the dollar amount of the actuarial valuation of the benefits under that option for each Total Health region (as determined and submitted by the Chief Actuary of the Centers for Medicare & Medicaid Services using the same processes used to value Total Health plans under subsection (d)). (d) Actuarial valuation (1) Processes For purposes of this subpart, the Secretary shall establish processes and methods for determining the actuarial valuation of a Total Health benefits package, including— (A) an actuarial valuation of the benefits under the original medicare fee-for-service program option (as defined in section 1852(a)(1)(B)) in each service area; (B) actuarial valuations relating to the qualified Total Health benefits package under section 1860C–2(a)(1); (C) the use of generally accepted actuarial principles and methodologies; and (D) applying the same methodology for determinations of actuarial valuations under subparagraphs (A) and (B). (2) Accounting for utilization Such processes and methods for determining actuarial valuation shall take into account the effect that providing a qualified Total Health benefits package (rather than benefits under the original medicare fee-for-service program option) has on the utilization of health care items and services. (3) Responsibilities (A) Plan responsibilities Total Health sponsors are responsible for the preparation and submission of actuarial valuations required under this subpart for the Total Health plans offered by the sponsor. (B) Use of outside actuaries Under the processes and methods established under paragraph (1), Total Health sponsors offering a Total Health benefits package may use actuarial opinions certified by independent, qualified actuaries to establish actuarial values. (e) Review of information and negotiation (1) Review of information The Secretary shall review the information submitted under subsection (b) for the purpose of conducting negotiations under paragraph (2). (2) Negotiation regarding terms and conditions Subject to subsection (i), in exercising the authority under paragraph (1), the Secretary— (A) has the authority to negotiate the terms and conditions of the proposed bid submitted and other terms and conditions of a proposed plan; and (B) has authority similar to the authority of the Director of the Office of Personnel Management with respect to health benefits plans under chapter 89 (3) Rejection of bids Paragraph (5)(C) of section 1854(a) shall apply with respect to bids submitted by a Total Health sponsor under subsection (b) in the same manner as such paragraph applied to bids submitted by an MA organization under such section 1854(a). (f) Approval of proposed plans (1) In general After review and negotiation under subsection (e), the Secretary shall approve or disapprove the Total Health plan. (2) Requirements for approval The Secretary may approve a Total Health plan only if the Secretary determines the following requirements are met: (A) Compliance with requirements The plan and the Total Health sponsor offering the plan comply with the requirements under this subpart, including the provision of a qualified Total Health benefits package. (B) Actuarial determinations The plan and Total Health sponsor offering the plan meet the requirements under this subpart relating to actuarial determinations, including such requirements under section 1860C–2(c). (C) Application of FEHBP standard (i) In general The portion of the bid submitted under subsection (b) that is attributable to basic health benefits coverage is supported by the actuarial bases provided under such subsection and reasonably and equitably reflects the revenue requirements (as used for purposes of section 1302(8)(C) of the Public Health Service Act) for benefits provided under that plan. (ii) Supplemental coverage The portion of the bid submitted under subsection (b) that is attributable to supplemental health benefits coverage pursuant to section 1860C–2(a)(3) is supported by the actuarial bases provided under such subsection and reasonably and equitably reflects the revenue requirements (as used for purposes of section 1302(8)(C) of the Public Health Service Act) for such coverage under the plan. (D) Plan design The design of the plan and covered benefits under the plan are not likely to substantially discourage enrollment by certain Total Health eligible individuals in the plan. (g) Application of limited risk plans (1) Conditions for approval of limited risk plans The Secretary may only approve a limited risk plan (as defined in paragraph (4)(A)) for a Total Health region if the access requirements under section 1860C–3(a) would not be met for the region but for the approval of such a plan. (2) Rules The following rules shall apply with respect to the approval of a limited risk plan in a Total Health region: (A) Limited exercise of authority Only the minimum number of such plans may be approved in order to meet the access requirements under section 1860C–3(a). (B) Maximizing assumption of risk The Secretary shall provide priority in approval for those plans bearing the highest level of risk (as computed by the Secretary), but the Secretary may take into account the level of the bids submitted by such plans. (C) No full underwriting for limited risk plans In no case may the Secretary approve a limited risk plan under which the modification of risk level provides for no (or a de minimis) level of financial risk. (3) Acceptance of all full risk contracts There shall be no limit on the number of full risk plans that are approved under subsection (e). (4) Risk-plans defined For purposes of this subsection: (A) Limited risk plan The term limited risk plan (B) Full risk plan The term full risk plan (h) Annual report on use of limited risk plans The Secretary shall submit to Congress an annual report that describes instances in which limited risk plans were approved under this section. The Secretary shall include in such report such recommendations as may be appropriate to limit the need for the provision of such plans and to maximize the assumption of financial risk under such subsection. (i) Noninterference In order to promote competition under this part and in carrying out this part, the Secretary— (1) may not interfere with the negotiations between physicians or other health professionals, providers, suppliers, drug manufacturers, pharmacies, and Total Health sponsors; and (2) may not require a particular benefit design or formulary, or institute a price structure for the reimbursement of covered items and services. 1860C–6. Requirements for and contracts with Total Health sponsors (a) General requirements Each sponsor of a Total Health plan shall meet the following requirements: (1) Licensure Subject to subsection (c), the sponsor is organized and licensed under State law as a risk-bearing entity eligible to offer health insurance or health benefits coverage in each State in which it offers a Total Health plan. (2) Assumption of financial risk for unsubsidized coverage (A) In general Subject to subparagraph (B), to the extent that the entity is at risk the entity assumes financial risk on a prospective basis for benefits that it offers under a Total Health plan. (B) Reinsurance permitted The plan sponsor may obtain insurance or make other arrangements for the cost of coverage provided to any enrollee to the extent that the sponsor is at risk for providing such coverage. (3) Solvency for unlicensed sponsors In the case of a Total Health sponsor that is not described in paragraph (1) and for which a waiver has been approved under subsection (c), such sponsor shall meet solvency standards established by the Secretary under subsection (d). (b) Contract requirements (1) In general The Secretary shall not permit the enrollment under section 1860C–1 in a Total Health plan offered by a Total Health sponsor under this subpart, and the sponsor shall not be eligible for payments under section 1860C–8, unless the Secretary has entered into a contract under this subsection with the sponsor with respect to the offering of such plan. Such a contract with a sponsor may cover more than one Total Health plan. Such contract shall provide that the sponsor agrees to comply with the applicable requirements and standards of this subpart and the terms and conditions of payment as provided for in this subpart. (2) Incorporation of certain medicare advantage contract requirements Except as otherwise provided, the following provisions of section 1857 shall apply to contracts under this section in the same manner as such provisions applied to contracts under section 1857(a): (A) Minimum enrollment Paragraphs (1) and (3) of section 1857(b), except that— (i) the Secretary may increase the minimum number of enrollees required under such paragraph (1) as the Secretary determines appropriate; and (ii) the requirement of such paragraph (1) shall be waived during the first contract year with respect to an organization in a region. (B) Contract period and effectiveness Section 1857(c), except that in applying paragraph (4)(B) of such section any reference to payment amounts under section 1853 is deemed a reference to payment amounts under section 1860C–8. (C) Protections against fraud and beneficiary protections Section 1857(d). (D) Additional contract terms Section 1857(e); except that section 1857(e)(2) shall apply as specified to Total Health sponsors and payments to a Total Health plan under this subpart shall be treated as expenditures made under this subpart. Notwithstanding any other provision of law, information provided to the Secretary under the application of section 1857(e)(1) to contracts under this section under the preceding sentence— (i) may be used for the purposes of carrying out this subpart, improving public health through research on the utilization, safety, effectiveness, quality, and efficiency of health care services (as the Secretary determines appropriate); and (ii) shall be made available to Congressional support agencies (in accordance with their obligations to support Congress as set out in their authorizing statutes) for the purposes of conducting Congressional oversight, monitoring, making recommendations, and analysis of the program under this title. (E) Intermediate sanctions Section 1857(g) (other than paragraph (1)(F) of such section), except that in applying such section the reference in section 1857(g)(1)(B) to section 1854 is deemed a reference to this subpart. (F) Procedures for termination Section 1857(h). (c) Waiver of certain requirements To expand choice (1) Authorizing waiver (A) In general In the case of an entity that seeks to offer a Total Health plan in a State, the Secretary shall waive the requirement of subsection (a)(1) that the entity be licensed in that State if the Secretary determines, based on the application and other evidence presented to the Secretary, that any of the grounds for approval of the application described in paragraph (2) have been met. (B) Application of regional plan waiver rule In addition to the waiver available under subparagraph (A), the provisions of section 1858(d) shall apply to Total Health sponsors under this part in a manner similar to the manner in which such provisions applied to MA organizations. (2) Grounds for approval (A) In general The grounds for approval under this paragraph are— (i) subject to subparagraph (B), the grounds for approval described in subparagraphs (B), (C), and (D) of section 1855(a)(2); and (ii) the application by a State of any grounds other than those required under Federal law. (B) Special rules In applying subparagraph (A)(i)— (i) the ground of approval described in section 1855(a)(2)(B) is deemed to have been met if the State does not have a licensing process in effect with respect to the Total Health sponsor; and (ii) for plan years beginning before January 1, 2019, if the State does have such a licensing process in effect, such ground for approval described in such section is deemed to have been met upon submission of an application described in such section. (3) Application of waiver procedures With respect to an application for a waiver (or a waiver granted) under paragraph (1)(A) of this subsection, the provisions of subparagraphs (E), (F), and (G) of section 1855(a)(2) shall apply, except that clauses (i) and (ii) of such subparagraph (E) shall not apply in the case of a State that does not have a licensing process described in paragraph (2)(B)(i) in effect. (4) References to certain provisions In applying provisions of section 1855(a)(2) under paragraphs (2) and (3) of this subsection to Total Health plans and Total Health sponsors— (A) any reference to a waiver application under section 1855 shall be treated as a reference to a waiver application under paragraph (1)(A) of this subsection; and (B) any reference to solvency standards shall be treated as a reference to solvency standards established under subsection (d) of this section. (d) Solvency standards for non-Licensed entities (1) Establishment and publication The Secretary, in consultation with the National Association of Insurance Commissioners, shall establish and publish, by not later than January 1, 2016, financial solvency and capital adequacy standards for entities described in paragraph (2). (2) Compliance with standards A Total Health sponsor that is not licensed by a State under subsection (a)(1) and for which a waiver application has been approved under subsection (c) shall meet solvency and capital adequacy standards established under paragraph (1). The Secretary shall establish certification procedures for such sponsors with respect to such solvency standards in the manner described in section 1855(c)(2). (e) Licensure does not substitute for or constitute certification The fact that a Total Health sponsor is licensed in accordance with subsection (a)(1) or has a waiver application approved under subsection (c) does not deem the sponsor to meet other requirements imposed under this subpart for a sponsor. (f) Periodic review and revision of standards (1) In general Subject to paragraph (2), the Secretary may periodically review the standards established under this section and, based on such review, may revise such standards if the Secretary determines such revision to be appropriate. (2) Prohibition of midyear implementation of significant new regulatory requirements The Secretary may not implement, other than at the beginning of a calendar year, regulations under this section that impose new, significant regulatory requirements on a Total Health sponsor or a Total Health plan. (g) Prohibition of state imposition of premium taxes; relation to state laws The provisions of sections 1854(g) and 1856(b)(3) shall apply with respect to Total Health sponsors and Total Health plans under this part in the same manner as such provisions applied to MA organizations and MA plans. 1860C–7. Total Health premiums (a) Monthly beneficiary premium (1) Base beneficiary premium The base beneficiary premium under this paragraph for a Total Health plan for a month is equal to the product of— (A) 15 percent; and (B) an amount determined by the Secretary to be equal to the 40th percentile of the monthly standardized bid amounts (as defined in subsection (c), weighted under subsection (b), and adjusted under section 1860C–8(b)(2)) for the service area in which the plan is offered. (2) Computation of monthly beneficiary premium (A) In general The monthly beneficiary premium for a Total Health plan is the base beneficiary premium computed under paragraph (1) as adjusted under this paragraph. (B) Adjustment to reflect difference between bid and 40th percentile of the monthly standardized bid amount (i) Above 40th percentile If the beneficiary enrolls in a plan with a monthly standardized bid amount that exceeds the 40th percentile (as determined under paragraph (1)(B)), the base beneficiary premium for the month shall be increased by the amount of such excess. (ii) Below 40th percentile If the beneficiary enrolls in a plan with a monthly standardized bid amount that is less than the 40th percentile (as determined under paragraph (1)(B)), the base beneficiary premium for the month shall be decreased by the amount of such difference. Any reduction under the preceding sentence shall not result in a monthly beneficiary premium that is less than $0. (C) Increase for supplemental benefits The base beneficiary premium shall be increased by the portion of the Total Health approved bid that is attributable to supplemental benefits. (D) Increase for late enrollment penalty The base beneficiary premium shall be increased by the amount of any late enrollment penalty under subsection (e). (E) Increase based on income The monthly beneficiary premium shall be increased pursuant to subsection (f). (F) Uniform premium Except as provided in subparagraphs (D) and (E), the monthly beneficiary premium for a Total Health plan in a Total Health region is the same for all Total Health eligible individuals enrolled in the plan. (b) Weighting of bid amounts based on enrollment (1) In general For purposes of subsection (a)(1)(B), the weight for each plan in the service area shall be equal to the average number of Total Health eligible individuals enrolled in such plan in the reference month (as defined in section 1858(f)(4)). (2) Special rule for 2017 For purposes of applying this paragraph for 2017, the Secretary shall establish procedures for determining the weighted average under paragraph (1) for 2016. (c) Standardized bid amount defined For purposes of this subsection, the term standardized bid amount (1) Basic coverage only In the case of a Total Health plan that provides basic health benefits coverage, the Total Health approved bid (as defined in subsection (d)). (2) Plans offering supplemental coverage In the case of a Total Health plan that provides supplemental health benefits coverage, only the portion of the Total Health approved bid that is attributable to basic health benefits coverage. (d) Total health approved bid defined For purposes of this subpart, the term Total Health approved bid (1) with respect to a Total Health plan, the bid amount approved for the plan under section 1860C–5; (2) with respect to the original medicare fee-for-service program option, the bid described in section 1860C–5(c). (e) Late enrollment penalty The monthly beneficiary premium established under subsection (a) shall be subject to adjustment in the same manner as the part B monthly beneficiary premium computed under section 1839 is subject to adjustment under subsection (b) of such section, except that, in applying the late enrollment penalty under such subsection, the initial enrollment period of the individual shall be the enrollment period under 1860C–1(b)(2) instead of the initial enrollment period described in such section 1839(b). (f) Increase in base beneficiary premium based on income (1) In general In the case of an individual whose modified adjusted gross income (as defined in paragraph (2)) exceeds the threshold amount applicable under paragraph (2) of section 1839(i) (including application of paragraph (5) of such section), the Secretary shall substitute the applicable percentage determined under paragraph (3)(C) of section 1839(i) for the individual for the calendar year for the percentage described in subsection (a)(1)(A). (2) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income (3) Determination by commissioner of social security The Commissioner of Social Security shall make any determination necessary to carry out the income-related increase in the base beneficiary premium under this subsection. (4) Procedures to assure correct income-related increase in base beneficiary premium (A) Disclosure of base beneficiary premium Not later than September 15 of each year beginning with 2016, the Secretary shall disclose to the Commissioner of Social Security the amount of the base beneficiary premium (as computed under subsection (a)(1)) for the purpose of carrying out the income-related increase in the base beneficiary premium under this subsection with respect to the following year. (B) Additional disclosure Not later than October 15 of each year beginning with 2016, the Secretary shall disclose to the Commissioner of Social Security the following information for the purpose of carrying out the income-related increase in the base beneficiary premium under this subsection with respect to the following year: (i) The modified adjusted gross income threshold applicable under paragraph (2) of section 1839(i) (including application of paragraph (5) of such section). (ii) The applicable percentage determined under paragraph (3)(C) of section 1839(i) (including application of paragraph (5) of such section). (iii) Any other information the Commissioner of Social Security determines necessary to carry out the income-related increase in the base beneficiary premium under this subsection. 1860C–8. Premium and cost-sharing support for Total Health eligible individuals (a) Direct subsidy payment The Secretary shall provide for payment to a Total Health sponsor that offers a Total Health plan a direct subsidy for each Total Health eligible individual enrolled in a Total Health plan for a month equal to— (1) the amount of the plan’s standardized bid amount (as defined in section 1860C–7(c)), adjusted under subsection (b)(1), reduced by (2) the base beneficiary premium (as computed under paragraph (1) of section 1860C–7(a) and as adjusted under paragraph (2)(B) of such section). (b) Adjustments relating to bids (1) Health status risk adjustment (A) Establishment of risk adjustors The Secretary shall establish an appropriate methodology for adjusting the standardized bid amount under subsection (a)(1) to take into account variation in costs for health benefits coverage among Total Health plans based on the differences in actuarial risk of different enrollees being served. Any such risk adjustment shall be designed in a manner so as not to result in a change in the aggregate amounts payable to such plans under subsection (a) and through that portion of the monthly beneficiary Total Health premiums described in subsection (a)(2). (B) Considerations In establishing the methodology under subparagraph (A), the Secretary may take into account the similar methodologies used under section 1853(a)(3) to adjust payments to MA organizations for benefits under the original medicare fee-for-service program option. (C) Data collection In order to carry out this paragraph, the Secretary shall require Total Health sponsors to submit data regarding claims that can be linked at the individual level to data under this title and such other information as the Secretary determines necessary. (D) Publication At the time of publication of risk adjustment factors under section 1860D–15(c)(1)(D), the Secretary shall publish the risk adjusters established under this paragraph for the succeeding year. (2) Geographic adjustment (A) In general Subject to subparagraph (B), for purposes of section 1860C–7(a)(1)(B), the Secretary shall establish an appropriate methodology for adjusting the amount determined under such section to take into account differences in prices for covered health benefits among Total Health regions. (B) De minimis rule If the Secretary determines that the price variations described in subparagraph (A) among Total Health regions are de minimis, the Secretary shall not provide for adjustment under this paragraph. (C) Budget neutral adjustment Any adjustment under this paragraph shall be applied in a manner so as to not result in a change in the aggregate payments made under this subpart that would have been made if the Secretary had not applied such adjustment. (c) Payment methods (1) In general Payments under this section shall be based on such a method as the Secretary determines. The Secretary may establish a payment method by which interim payments of amounts under this section are made during a year based on the Secretary’s best estimate of amounts that will be payable after obtaining all of the information. (2) Requirement for provision of information (A) Requirement Payments under this section to a Total Health sponsor are conditioned upon the furnishing to the Secretary, in a form and manner specified by the Secretary, of such information as may be required to carry out this section. (B) Restriction on use of information Information disclosed or obtained pursuant to subparagraph (A) may be used by officers, employees, and contractors of the Department of Health and Human Services only for the purposes of, and to the extent necessary in, carrying out this section. (3) Source of payments Payments under this section shall be made from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841, in such proportion as the Secretary determines appropriate. (4) Application of enrollee adjustment The provisions of section 1853(a)(2) shall apply to payments to Total Health sponsors under this section in the same manner as they applied to payments to MA organizations under section 1853(a). (d) Plans at risk for entire amount of benefits A Total Health sponsor that offers a plan under this subpart shall be at full financial risk for the provision of benefits under such plan. (e) Disclosure of information (1) In general Each contract under this subpart shall provide that— (A) the Total Health sponsor offering a Total Health plan shall provide the Secretary with such information as the Secretary determines is necessary to carry out this section; and (B) the Secretary shall have the right in accordance with section 1857(d)(2)(B) (as applied under section 1860C–6(b)(2)(C)) to inspect and audit any books and records of a Total Health sponsor that pertain to the information regarding costs provided to the Secretary under subparagraph (A). (2) Restriction on use of information Information disclosed or obtained pursuant to the provisions of this section may be used— (A) by officers, employees, and contractors of the Department of Health and Human Services for the purposes of, and to the extent necessary in— (i) carrying out this section; and (ii) conducting oversight, evaluation, and enforcement under this title; and (B) by the Attorney General and the Comptroller General of the United States for the purposes of, and to the extent necessary in, carrying out health oversight activities. 1860C–9. Exemption for MSA plans (a) In general None of the provisions in this subpart shall apply to an MSA plan (as defined in section 1859(b)(3)) and an MSA plan may not be a Total Health plan. (b) Continuing availability Notwithstanding any other provision of law, the Secretary shall establish procedures under which— (1) MSA plans may continue to operate on and after January 1, 2017; and (2) individuals who would have been eligible to enroll in those plans prior to such date continue to be eligible to enroll in such a plan. 1860C–10. Special rules for employer-sponsored programs (a) Subsidy payment (1) In general The Secretary shall provide in accordance with this subsection for payment to the sponsor of a qualified retiree health benefits plan (as defined in paragraph (2)) of a special subsidy payment equal to the amount specified in paragraph (3) for each qualified covered retiree under the plan (as defined in paragraph (4)). This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this section. (2) Qualified retiree health benefits plan defined For purposes of this subsection, the term qualified retiree health benefits plan (A) Attestation of actuarial equivalence to standard coverage The sponsor of the plan provides the Secretary, annually or at such other time as the Secretary may require, with an attestation that the actuarial value of health benefits coverage under the plan (as determined using the processes and methods described in section 1860C–5(d)) is at least equal to the actuarial value of standard health benefits coverage. (B) Audits The sponsor of the plan, or an administrator of the plan designated by the sponsor, shall maintain (and afford the Secretary access to) such records as the Secretary may require for purposes of audits and other oversight activities necessary to ensure the adequacy of health benefits coverage and the accuracy of payments made under this section. The provisions of section 1860C–2(d)(2) shall apply to such information under this section (including such actuarial value and attestation) in a manner similar to the manner in which they apply to financial records of Total Health sponsors. (C) Provision of disclosure regarding health benefits coverage (i) In general Each entity that offers employment-based retiree health coverage shall provide for disclosure, in a form, manner, and time consistent with standards established by the Secretary, to the Secretary and Total Health eligible individuals of whether the coverage meets the requirement of subparagraph (A) or whether such coverage is changed so it no longer meets such requirement. (ii) Disclosure of non-qualified coverage In the case of such coverage that does not meet such requirement, the disclosure to Total Health eligible individuals under this subparagraph shall include information regarding the fact that because such coverage does not meet such requirement there are limitations on the periods in a year in which the individuals may enroll under a Total Health plan. (iii) Waiver of requirement In the case of a Total Health eligible individual who was enrolled in employment-based retiree health coverage which does not meet the requirement of subparagraph (A), the individual may apply to the Secretary to have such coverage treated as a qualified retiree health benefits plan if the individual establishes that the individual was not adequately informed that such coverage did not meet such requirement. (3) Employer and union special subsidy amounts (A) In general For purposes of this subsection, the special subsidy payment amount under this paragraph for a qualifying covered retiree for a coverage year enrolled with the sponsor of a qualified retiree health benefits plan is, for the portion of the retiree’s gross covered retiree plan-related health benefits costs (as defined in subparagraph (C)(ii)) for such year that exceeds the cost threshold amount specified in subparagraph (B) and does not exceed the cost limit under such subparagraph, an amount equal to 28 percent of the allowable retiree costs (as defined in subparagraph (C)(i)) attributable to such gross covered retiree plan-related health benefits costs. (B) Cost threshold and cost limit applicable (i) In general Subject to clause (ii)— (I) the cost threshold under this subparagraph is equal to $250 for plan years that end in 2017; and (II) the cost limit under this subparagraph is equal to $5,000 for plan years that end in 2017. (ii) Indexing The cost threshold and cost limit amounts specified in subclauses (I) and (II) of clause (i) for a plan year that ends after 2017 shall be adjusted in the same manner as the unified deductible and the annual out-of-pocket limits, respectively, are annually adjusted under sections 1899B and 1899C. (C) Definitions For purposes of this paragraph: (i) Allowable retiree costs The term allowable retiree costs (ii) Gross covered retiree plan-related health benefits costs The term gross covered retiree plan-related health benefits costs (iii) Coverage year The term coverage year covered health benefits covered part D drugs (4) Qualifying covered retiree defined For purposes of this subsection, the term qualifying covered retiree (5) Payment methods, including provision of necessary information The provisions of section 1860C–8(c) (including paragraph (2) of such section, relating to requirement for provision of information) shall apply to payments under this subsection in a manner similar to the manner in which they apply to payments under section 1860C–8. (6) Construction Nothing in this subsection shall be construed as— (A) precluding a Total Health eligible individual who is covered under employment-based retiree health coverage from enrolling in a Total Health plan; (B) precluding such employment-based retiree health coverage or an employer or other person from paying all or any portion of any premium required for coverage under a Total Health plan on behalf of such an individual; (C) preventing such employment-based retiree health coverage from providing coverage— (i) that is better than standard health benefits coverage to retirees who are covered under a qualified retiree health benefits plan; or (ii) that is supplemental to the benefits provided under a Total Health plan, including benefits to retirees who are not covered under a qualified retiree health benefits plan but who are enrolled in such a Total Health plan; or (D) preventing employers from providing for flexibility in benefit design and provider access provisions, without regard to the requirements for basic health benefits coverage, so long as the actuarial equivalence requirement of paragraph (2)(A) is met. (b) Application of Medicare Advantage waiver authority The provisions of section 1857(i) shall apply with respect to Total Health plans in relation to employment-based retiree health coverage in a manner similar to the manner in which they applied to an MA plan in relation to employers, including authorizing the establishment of separate premium amounts for enrollees in a Total Health plan by reason of such coverage and limitations on enrollment to Total Health eligible individuals enrolled under such coverage. (c) Definitions For purposes of this section: (1) Employment-based retiree health coverage The term employment-based retiree health coverage (2) Sponsor The term sponsor (3) Group health plan The term group health plan (A) Federal and state governmental plans Such a plan established or maintained for its employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing, including a health benefits plan offered under chapter 89 of title 5, United States Code. (B) Collectively bargained plans Such a plan established or maintained under or pursuant to one or more collective bargaining agreements. (C) Church plans Such a plan established and maintained for its employees (or their beneficiaries) by a church or by a convention or association of churches which is exempt from tax under section 501 of the Internal Revenue Code of 1986. 1860C–11. Coordination with State Medicaid programs (a) Application (1) In general Subject to subsection (c)(2), a State may apply to the Secretary for the waiver of any or all requirements described in this subpart for plan years beginning on or after January 1, 2017, with respect to a Total Health plan offered within the State for the purpose of coordinating that plan with its State plan under title XIX to ensure— (A) dually eligible individuals have full access to the services to which they are entitled; (B) the development of innovative care coordination and integration models; and (C) the elimination of financial misalignments that lead to poor quality and cost-shifting. (2) Requirements Such application shall— (A) be filed at such time and in such manner as the Secretary may require; (B) contain such information as the Secretary may require, including— (i) a comprehensive description of the proposal and program to implement a plan meeting the requirements for a waiver under this section; and (ii) an analysis of the proposal demonstrating that the plan will not increase Federal Government expenditures; and (C) provide an assurance that, if approved, the Total Health sponsor will offer the plan that is the subject of the proposal. (3) Waiver consideration and transparency (A) In general An application for a waiver under this section shall be considered by the Secretary in accordance with the regulations described in subparagraph (B). (B) Regulations Not later than 180 days after the date of enactment of this subpart, the Secretary shall promulgate regulations relating to waivers under this section that provide— (i) a process for public notice and comment sufficient to ensure a meaningful level of public input; (ii) a process for the submission of an application for the waiver; (iii) a process for the submission to the Secretary of periodic reports by the State concerning the implementation of the program under the waiver; and (iv) a process for the periodic evaluation by the Secretary of the program under the waiver. (C) Report The Secretary shall annually report to Congress concerning actions taken by the Secretary with respect to applications for waivers under this section. (4) State option to be a total health sponsor For purposes of this section, a State may elect to be the sponsor of a Total Health plan for residents of the State who are eligible for benefits under this title and title XIX or to apply on behalf of a Total Health sponsor offering a Total Health plan in the State. (5) Coordinated waiver process The Secretary shall develop a process for coordinating and consolidating the waiver processes applicable under the provisions of this section to ensure that individuals eligible to enroll in a plan offered under the waiver are initially able to do so during an annual, coordinated election period. (b) Granting of waivers (1) In general The Secretary may grant a request for a waiver under subsection (a)(1) only if the Secretary determines that the proposed Total Health plan— (A) will provide coverage that is at least as comprehensive as the coverage described in section 1860C–2(a)(1) as certified by Office of the Actuary of the Centers for Medicare & Medicaid Services; (B) will provide coverage and cost-sharing protections against excessive out-of-pocket spending that are at least as affordable as the provisions of this subtitle would provide; and (C) will not increase the Federal deficit. (c) Scope of waiver (1) In general Subject to paragraph (2), the Secretary shall determine the scope of a waiver granted with respect to a Total Health plan under subsection (a)(1). (2) Limitation The Secretary may only waive provisions under this title and titles II, XI, XIX, and XXI under a waiver under this section. (d) Determinations by the secretary (1) Time for determination The Secretary shall make a determination under subsection (a)(1) not later than 180 days after the receipt of an application from a State under such subsection. (2) Effect of determination (A) Granting of waivers If the Secretary determines to grant a waiver under subsection (a)(1), the Secretary shall notify the Total Health sponsor involved of such determination and the terms and effectiveness of such waiver. (B) Denial of waiver If the Secretary determines a waiver should not be granted under subsection (a)(1), the Secretary shall notify the Total Health sponsor involved, including the reasons therefor. (e) Term of waiver No waiver under this section may extend over a period of longer than 5 years unless the Total Health sponsor requests continuation of such waiver, and such request shall be deemed granted unless the Secretary, within 90 days after the date of the submission of the request to the Secretary, either denies such request in writing or informs the State in writing with respect to any additional information that is needed in order to make a final determination with respect to the request. 1860C–12. Definitions and miscellaneous provisions (a) Definitions For purposes of this subpart: (1) Basic health benefits coverage The term basic health benefits coverage (2) Insurance risk The term insurance risk (3) MA plan; Medicare Advantage plan The terms MA plan Medicare Advantage plan (4) Original medicare fee-for-service program option The term original medicare fee-for-service program option (5) Standard health benefits coverage The term standard health benefits coverage (6) Total health eligible individual The term Total Health eligible individual (7) Total health plan The term Total Health plan (A) under a policy, contract, or plan that has been approved under section 1860C–5(f); and (B) by a Total Health sponsor pursuant to, and in accordance with, a contract between the Secretary and the sponsor under section 1860C–6(b). (8) Total health sponsor The term Total Health sponsor (b) Application of subpart 1 provisions and regulations under this subpart For purposes of applying provisions of subpart 1 under this subpart (and regulations implementing such provisions) with respect to a Total Health plan and a Total Health sponsor, unless otherwise provided in this subpart, and to the extent consistent with this subpart, such provisions (and regulations implementing such provisions) shall be applied as the provisions (and regulations) applied for plan years beginning prior to January 1, 2017, and as if— (1) any reference to a Medicare Advantage plan or an MA plan included a reference to a Total Health plan; (2) any reference to an MA organization or a provider-sponsored organization included a reference to a Total Health sponsor; (3) any reference to a contract under section 1857 included a reference to a contract under section 1860C–6(b); (4) any reference to subpart 1 included a reference to this subpart; and (5) any reference to an election period under section 1851 were a reference to an enrollment period under section 1860C–1. . 2002. Replacement of part B premium with Medicare Total Health program plan premium; other technical and conforming amendments (a) Replacement of part b premium with Medicare total health program plan premium Section 1839 of the Social Security Act ( 42 U.S.C. 1395r (1) in subsection (a)(2), by striking The monthly premium Subject to subsection (j), (2) by adding at the end the following new subsection: (j) Replacement of part b premium with Medicare Total Health program plan premium (1) In general Notwithstanding the preceding provisions of this section, except as provided in paragraph (2), on and after January 1, 2017, in lieu of the premium otherwise applicable under this section, the monthly premium of each Total Health eligible individual (as defined in section 1860C–1(a)(3)) shall be the monthly beneficiary premium determined under section 1860C–7 for the Total Health plan or the original medicare fee-for-service program option and the plan year involved. (2) Individuals enrolled for coverage under part b only Individuals enrolled under this part only (and not entitled to, or enrolled for, benefits under part A) shall pay the premium that would have been calculated under this section but for the enactment of this subsection. (3) Crediting of premiums Premiums paid by each Total Health eligible individual enrolled in the original medicare fee-for-service program option (as defined in section 1860E–13(a)(4)), shall be deposited in the Treasury to the credit of the Federal Supplementary Medical Insurance Trust Fund under section 1841. . (b) Other technical and conforming amendments Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a legislative proposal providing for such technical and conforming amendments in the law as are required by the provisions of this part and part II. II Medicare fee-for-Service reforms 2011. Medicare protection against high out-of-pocket expenditures for fee-for-service benefits Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1899B. Protection against high out-of-pocket expenditures (a) In general Notwithstanding any other provision of this title, in the case of an individual entitled to, or enrolled for, benefits under part A or enrolled in part B, if the amount of the out-of-pocket cost-sharing of such individual for a year (beginning with 2015) equals or exceeds— (1) the first threshold annual out-of-pocket limit under subsection (b)(1) but is less than the second threshold annual out-of-pocket limit under subsection (b)(2) for that year, section 1899D(a) shall be applied by substituting 5 percent 20 percent (2) the second threshold annual out-of-pocket limit under subsection (b)(2) for that year, there shall not be any additional reduction under section 1899D for the remainder of the year (and the individual shall not be responsible for additional out-of-pocket cost-sharing incurred during that year). (b) Amount of annual out-of-Pocket limits (1) First threshold annual out-of-pocket limit The amount of the first threshold annual out-of-pocket limit under this subsection shall be— (A) for 2015, $5,500; or (B) for a subsequent year, the amount specified in this subsection for the preceding year increased or decreased by the percentage change in the Chained Consumer Price Index for All Urban Consumers for the 12-month period ending with June of such preceding year (as published in its initial form by the Bureau of Labor Statistics of the Department of Labor as of the end of such period). (2) Second threshold annual out-of-pocket limit The amount of the second threshold annual out-of-pocket limit under this subsection shall be— (A) for 2015, $7,500; or (B) for a subsequent year, the amount specified in this subsection for the preceding year increased or decreased by the percentage change in the Chained Consumer Price Index for All Urban Consumers for the 12-month period ending with June of such preceding year (as published in its initial form by the Bureau of Labor Statistics of the Department of Labor as of the end of such period). (3) Rounding If any amount determined under subparagraph (A) or (B) is not a multiple of $5, such amount shall be rounded to the nearest multiple of $5. (c) Out-of-Pocket cost-Sharing defined (1) In general Subject to paragraphs (2) and (3), in this section, the term out-of-pocket cost-sharing (A) deductibles, coinsurance and copayments applicable under part A or B; or (B) for items and services that would have otherwise been covered under part A or B but for the exhaustion of those benefits. (2) Certain costs not included (A) Non-covered items and services Expenses incurred for items and services which are not included (or treated as being included) under part A or B shall not be considered incurred expenses for purposes of determining out-of-pocket cost-sharing under paragraph (1). (B) Items and services not furnished on an assignment-related basis If an item or service is furnished to an individual under this title and is not furnished on an assignment-related basis, any additional expenses the individual incurs above the amount the individual would have incurred if the item or service was furnished on an assignment-related basis shall not be considered incurred expenses for purposes of determining out-of-pocket cost-sharing under paragraph (1). (3) Source of payment For purposes of paragraph (1), the Secretary shall consider expenses to be incurred by the individual without regard to whether the individual or another person, including a State program or other third-party coverage, has paid for such expenses. (d) Announcement of annual out-of-Pocket limit and unified deductible The Secretary shall (beginning in 2014) announce (in a manner intended to provide notice to all interested parties) the annual out-of-pocket limit under this section and the unified deductible under section 1899C that will be applicable for the succeeding year. . 2012. Unified Medicare deductible (a) In general Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), as amended by section 2011, is amended by adding at the end the following new section: 1899C. Unified part A and B deductible (a) In general Notwithstanding any other provision of this title, subject to subsection (d), for a year (beginning with 2015), in the case of an individual entitled to, or enrolled for, benefits under part A or enrolled in part B— (1) the amount otherwise payable under part A and the total amount of expenses incurred by the individual during a year which would (except for this section) constitute incurred expenses for which benefits payable under section 1833(a) are determinable, shall be reduced by the amount of the unified deductible under subsection (b); and (2) the individual shall be responsible for payment of such amount. (b) Amount of unified deductible (1) In general The amount of the unified deductible under this section shall be— (A) for 2015, $550; or (B) for a subsequent year, the amount specified in this subsection for the preceding year increased or decreased by the percentage change in the Chained Consumer Price Index for All Urban Consumers for the 12-month period ending with June of such preceding year (as published in its initial form by the Bureau of Labor Statistics of the Department of Labor as of the end of such period). (2) Rounding If any amount determined under paragraph (1) is not a multiple of $5, such amount shall be rounded to the nearest multiple of $5. (c) Application to all items and services The unified deductible under this section for a year shall be applied as follows: (1) With respect to items and services covered under part A, such unified deductible shall be applied on the basis of the amount that is payable for such items and services without regard to any copayments or coinsurance and before the application of any such copayments or coinsurance. (2) With respect to items and services covered under part B, such unified deductible shall be applied on the basis of the total amount of the expenses incurred by the individual during a year which would, except for the application of the unified deductible, constitute incurred expenses for which items and services are payable under part B, without regard to any copayments or coinsurance and before the application of any such copayments or coinsurance. (3) (A) Except as provided in subparagraph (B), such unified deductible shall be applied with respect to all items and services covered under parts A and B and in lieu of the deductibles described in sections 1813(b) and 1833(b) or otherwise. (B) The deductible applicable to blood under sections 1813 and 1833 shall apply to blood instead of such unified deductible. (d) Treatment of individuals not enrolled in both parts A and B The Secretary shall establish procedures under which an individual who entitled to, or enrolled for, benefits under part A or enrolled in part B (but not both) will continue to be subject to a deductible under this title that is comparable to the deductible the individual would have been subject to if this section had not been enacted. . (b) Clarification regarding application under medicare advantage Section 1852(a)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)(iii)) is amended by adding at the end the following new sentence: For plan years 2015 and 2016, the preceding sentence shall be applied to take into account the application of sections 1899B, 1899C, and 1899D. 2013. Uniform Medicare coinsurance rate (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1899D. Uniform part A and B coinsurance rate (a) In general Notwithstanding any other provision of this title, in the case of an individual entitled to, or enrolled for, benefits under part A or enrolled in part B, after the application of the unified deductible under section 1899C and subject to the limit on annual out-of-pocket expenses under section 1899B, the amount otherwise payable under part A and the total amount of expenses incurred by the individual during a year (beginning in 2015) which would (except for this section) constitute incurred expenses for which benefits are payable under part B, shall be reduced by a coinsurance of 20 percent of such amount. (b) Application to all items and services The uniform coinsurance under this section for a year shall be applied as follows: (1) With respect to items and services covered under part A, such uniform coinsurance shall be applied on the basis of the amount that is payable for such items and services. (2) With respect to items and services covered under part B, such uniform coinsurance shall be applied on the basis of the total amount of the expenses incurred by the individual during a year which would, except for the application of the unified deductible, constitute incurred expenses from which items and services are payable under part B. (3) (A) Except as provided in subparagraph (B), such uniform coinsurance shall be applied with respect to all items and services covered under parts A and B and in lieu of any other copayments or coinsurance under such parts. (B) Coinsurance for blood under this title shall be determined under the rules that were applicable to blood on December 31, 2014, rather than under this section. . (b) Conforming amendments (1) Section 1813 of the Social Security Act ( 42 U.S.C. 1395e (A) in subsection (a), by inserting Subject to sections 1899B, 1899C, and 1899D: (B) in subsection (b), by inserting Subject to sections 1899B, 1899C, and 1899D: (2) Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (A) in subsection (a), in the matter preceding paragraph (1), by inserting and sections 1899B, 1899C, and 1899D succeeding provisions of this section (B) in subsection (b), in the first sentence, by striking Before applying Subject to sections 1899B, 1899C, and 1899D, before applying (C) in subsection (c)(1), in the matter preceding subparagraph (A), by inserting subject to sections 1899B, 1899C, and 1899D, this part, (D) in subsection (f), by striking In establishing Subject to sections 1899B, 1899C, and 1899D, in establishing (E) in subsection (g)(1), by inserting and sections 1899B, 1899C, and 1899D paragraphs (4) and (5) (3) Section 1905(p)(3) of the Social Security Act ( 42 U.S.C. 1396d(p)(3) (A) in subparagraph (B), by striking section 1813 sections 1813 and 1899D (B) in subparagraph (C), by striking and section 1833(b) , 1833(b), and 1899C 2014. Prohibition on first-dollar coverage under Medigap policies and development of new standards for Medigap policies Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is amended by adding at the end the following new subsections: (z) Prohibition on first-Dollar coverage and development of new standards for medicare supplemental policies (1) Development The Secretary shall request the National Association of Insurance Commissioners to review and revise the standards for benefit packages under subsection (p)(1), taking into account the changes in benefits resulting from the enactment of the Fiscal Sustainability Act of 2013 1991 NAIC Model Regulation’ deemed a reference to the NAIC Model Regulation as published in the Federal Register on December 4, 1998, and as subsequently updated by the National Association of Insurance Commissioners to reflect previous changes in law and the reference to ‘date of enactment of this subsection Fiscal Sustainability Act of 2013 (2) Cost-sharing requirements The cost-sharing requirements described in this paragraph are that, notwithstanding any other provision of law, no medicare supplemental policy may provide for coverage of— (A) any portion of the unified deductible under section 1899C(b) for the year; and (B) more than 50 percent of the cost-sharing (excluding premiums) otherwise applicable under parts A and B after the individual has met the unified deductible under section 1899C(b) for the year and before the individual has reached the first threshold annual out-of-pocket limit under section 1899B(b)(1) for the year. (3) Renewability The renewability requirement under subsection (q)(1) shall be satisfied with the renewal of the revised package under paragraph (1) that most closely matches the policy in which the individual was enrolled prior to such revision. (aa) Limitation on issuing new medicare supplemental policies after 2016 (1) In general Notwithstanding any other provision of law, a medicare supplemental policies may not be issued to an individual after December 31, 2016, unless the individual was covered under a medicare supplemental policy as of such date. (2) Renewals and new policies Nothing in this subsection shall be construed as prohibiting— (A) the renewal after December 31, 2016, of a medicare supplemental policy that was issued on or before such date; or (B) the issuance of a new medicare supplemental policy after such date as long as the individual was covered under any medicare supplemental policy as of such date. . III Annual report to Congress 2021. Annual report to Congress (a) In general Not later than July 1, 2016, and annually thereafter, the Secretary of Health and Human Services shall submit to the Committee on Finance and the Special Committee on Aging of the Senate and to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report on the provisions of, and amendments made by, parts I and II. (b) Contents The report submitted under subsection (a) shall contain the following information: (1) An evaluation of the financial impact of such provisions and amendments. (2) An evaluation of changes in access to physicians and other health care providers as a result of such provisions and amendments. (3) An evaluation of changes in beneficiary satisfaction under the Medicare program as a result of such provisions and amendments. (4) Such other information as the Secretary determines to be appropriate. B Elimination of exemption of Medicare payments to physicians under statutory PAYGO 2101. Elimination of exemption of Medicare payments to physicians under statutory PAYGO (a) In general Section 7 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 936 (1) in subsection (a), by striking paragraph (1); and (2) by striking subsection (c). (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. C Adjustments to Medicare part B and D premiums for high-Income beneficiaries 2201. Adjustments to Medicare part B and D premiums for high-income beneficiaries (a) In general Section 1839(i) of the Social Security Act ( 42 U.S.C. 1395r(i) (1) in paragraph (2)(A), by inserting (or, in the case of 2013 or a subsequent year, $50,000) after $80,000 (2) in paragraph (3)— (A) in subparagraph (A)(i)— (i) by inserting applicable table (ii) by inserting and year individual (B) in subparagraph (C)(i)— (i) by striking (i) In general (i)(I) For 2007 through 2012 (ii) by adding at the end the following new subclause: (II) For 2013 and subsequent years For 2013 or a subsequent year: If the modified adjusted gross income is: The applicable percentage is: More than $50,000 but not more than $85,000 35 percent More than $85,000 but not more than $107,000 40 percent More than $107,000 but not more than $160,000 55 percent More than $160,000 but not more than $214,000 70 percent More than $214,000 but not more than $250,000 85 percent More than $250,000 100 percent. . (b) Extension of temporary adjustment to income thresholds (1) In general Section 1839(i)(6) of the Social Security Act ( 42 U.S.C. 1395r(i)(6) (A) in the matter preceding subparagraph (A), by striking December 31, 2019 December 31, 2021 (B) in subparagraph (A), by striking equal to such amount for 2010; and (i) in the case of each of 2011 and 2012, such amount for 2010; and (ii) in the case of each of 2013 through 2021, such amount for 2013; and ; and (C) in subparagraph (B), by striking equal to such dollar amounts for 2010. (i) in the case of each of 2011 and 2012, such dollar amounts for 2010; and (ii) in the case of each of 2013 through 2021, such dollar amounts for 2013. . (2) Conforming amendment Section 1839(i)(5)(A) of the Social Security Act (42 U.S.C. 1395r(i)(5)(A)) is amended by inserting for such year paragraph (2) or (3) D Increase in the Medicare eligibility age 2301. Increase in the Medicare eligibility age Section 226 of the Social Security Act (42 U.S.C. 426) is amended by adding at the end the following new subsection: (k) Increasing Medicare qualifying age (1) In general Notwithstanding any other provision of law, any reference in this section, title XVIII, or title XIX (insofar as it relates to the eligibility age for Medicare benefits under title XVIII) to age 65 (2) Medicare qualifying age specified The Medicare qualifying age specified in this paragraph is determined as follows: (A) In the case of an individual who attains 65 years of age before January 1, 2014, the Medicare qualifying age is 65 years of age. (B) In the case of an individual who attains 65 years of age in a year after 2013, and before 2025, the Medicare qualifying age is the Medicare qualifying age specified in this paragraph for the previous year increased by 2 months. (C) In the case of an individual who attains 65 years of age in a year after 2024, the Medicare qualifying age is 67 years of age. . E Other provisions 2401. Limitation on Medicare payments for direct graduate medical education (DGME) Section 1886(h)(2)(D) of the Social Security Act ( 42 U.S.C. 1395ww(h)(2)(D) (v) Cap on approved FTE resident amount (I) In general The approved FTE resident amount for a hospital for a cost reporting period beginning during fiscal year 2014 or a subsequent fiscal year shall not be more than the applicable amount for the year. (II) Applicable amount For purposes of subclause (I), the applicable amount for a year shall be an amount equal to 120 percent of the national average salary paid to residents in 2010, updated through the year involved by the Chained Consumer Price Index. (III) Chained Consumer Price Index In subclause (II), the term Chained Consumer Price Index . 2402. Reduction in Medicare indirect graduate medical education (IME) payments (a) In general Section 1886(d)(5)(B)(ii) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B)(ii) (1) in subclause (XI), by striking and (2) in subclause (XII)— (A) by inserting and before October 1, 2013, 2007, (B) by striking the period at the end and inserting ; and (3) by adding at the end the following new subclause: (XIII) on or after October 1, 2013, c . (b) Conforming amendment relating to determination of standardized amount Section 1886(d)(2)(C)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(C)(i)) is amended by inserting or of section 2402(a) of the Fiscal Sustainability Act of 2013 Act of 1997 2403. Acceleration of application of productivity adjustment to Medicare home health prospective payment amounts Section 1895(b)(3)(B)(vi)(I) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(B)(vi)(I)) is amended by striking 2015 2014 2404. Acceleration of rebasing of Medicare home health prospective payment amounts Section 1895(b)(3)(A)(iii)(II) of the Social Security Act ( 42 U.S.C. 1395fff(b)(3)(A)(iii)(II) (1) in the first sentence— (A) by striking 4-year 2-year (B) by striking 2017 2015 (2) by striking the second sentence. 2405. Reduction of bad debt treated as an allowable cost (a) Hospitals Section 1861(v)(1)(T) of the Social Security Act ( 42 U.S.C. 1395x(v)(1)(T) (1) in clause (iv), by striking and (2) in clause (v)— (A) by striking or a subsequent fiscal year (B) by striking the period at the end and inserting a comma; and (3) by adding at the end the following: (vi) for cost reporting periods beginning during fiscal year 2014, by 48 percent of such amount otherwise allowable, (vii) for cost reporting periods beginning during fiscal year 2015, by 61 percent of such amount otherwise allowable, (viii) for cost reporting periods beginning during fiscal year 2016, by 74 percent of such amount otherwise allowable, (ix) for cost reporting periods beginning during fiscal year 2017, by 87 percent of such amount otherwise allowable, and (x) for cost reporting periods beginning during fiscal year 2018 or a subsequent fiscal year, by 100 percent of such amount otherwise allowable. . (b) Skilled nursing facilities Section 1861(v)(1)(V) of the Social Security Act ( 42 U.S.C. 1395x(v)(1)(V) (1) by moving subclauses (I) and (II) of clause (i) and subclauses (I) through (IV) of clause (ii) two ems to the right; and (2) in clause (i)— (A) in subclause (I), by striking and (B) in subclause (II)— (i) by striking or a subsequent fiscal year (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (III) for cost reporting periods beginning during fiscal year 2014, by 48 percent of such amount otherwise allowable; (IV) for cost reporting periods beginning during fiscal year 2015, by 61 percent of such amount otherwise allowable; (V) for cost reporting periods beginning during fiscal year 2016, by 74 percent of such amount otherwise allowable; (VI) for cost reporting periods beginning during fiscal year 2017, by 87 percent of such amount otherwise allowable; and (VII) for cost reporting periods beginning during fiscal year 2018 or a subsequent fiscal year, by 100 percent of such amount otherwise allowable. . (c) Certain other providers Section 1861(v)(1)(W)(i) of the Social Security Act ( 42 U.S.C. 1395x(v)(1)(W)(i) (1) in subclause (II), by striking and (2) in subclause (III)— (A) by striking a subsequent fiscal year fiscal year 2015 (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (IV) for cost reporting periods beginning during fiscal year 2016, by 48 percent of such amount otherwise allowable; (V) for cost reporting periods beginning during fiscal year 2017, by 61 percent of such amount otherwise allowable; (VI) for cost reporting periods beginning during fiscal year 2018, by 74 percent of such amount otherwise allowable; (VII) for cost reporting periods beginning during fiscal year 2019, by 87 percent of such amount otherwise allowable; and (VIII) for cost reporting periods beginning during fiscal year 2020 or a subsequent fiscal year, by 100 percent of such amount otherwise allowable. . III Social Security 3101. Adjustments to bend points in determining primary insurance amount Section 215(a)(1) of the Social Security Act (1) in subparagraph (A), in the matter preceding clause (i), by inserting who initially becomes eligible for old-age or disability insurance benefits, or who dies (before becoming eligible for such benefits), in any calendar year after 1979 and before 2017 individual (2) in subparagraph (B)(ii), in the matter preceding subclause (I), by inserting and before 2017 after 1979 (3) in subparagraph (C)(i), by inserting or (E) (A) (4) by adding at the end the following: (E) (i) The primary insurance amount of an individual who initially becomes eligible for old-age or disability insurance benefits, or who dies (before becoming eligible for such benefits), in any calendar year after 2016 shall (except as otherwise provided in this section) be equal to the sum of— (I) 90 percent of the individual's average indexed monthly earnings (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of this subclause by clause (ii), (II) 30 percent of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (I) but do not exceed the amount established for purposes of this subclause by clause (ii), (III) 10 percent of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (II) but do not exceed the amount established for purposes of this subclause by clause (ii), and (IV) 5 percent of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (III), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10, and thereafter increased as provided in subsection (i). (ii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) in the calendar year 2017 or later, the amount established for purposes of subclauses (I), (II), and (III) of subparagraph (E)(i) shall be $180, $736, and $1,085, respectively, as if such amount was applicable with respect to 1979 and was adjusted for years after 1979 in the same manner as provided under subparagraph (B)(ii), without regard to the limitation that such adjustment only applies to individuals who initially become eligible for old-age benefits or disability insurance benefits, or who die (before becoming eligible for benefits) before 2017. (iii) (I) Notwithstanding clauses (i) and (ii), in the case of any individual who becomes eligible for old-age or disability insurance benefits, or who dies (before becoming eligible for such benefits) in any calendar year after 2016 and before 2051, the primary insurance amount of the individual shall be equal to the sum of— (aa) the primary insurance amount determined for the individual under subparagraphs (A) and (B) (without regard to the limitation that such subparagraphs apply only to individuals who initially become eligible for old-age benefits or disability insurance benefits, or who die (before becoming eligible for benefits) before 2017) multiplied by the applicable phase-in factor for the calendar year under subclause (II); and (bb) the primary insurance amount determined for the individual under this subparagraph (other than under this clause) multiplied by the applicable phase-in factor for the calendar year under subclause (II). (II) For purposes of— (aa) subclause (I)(aa), the applicable phase-in factor for calendar year 2017, is the quotient of 33 divided by 34, and for each year thereafter is the quotient of— (AA) the numerator applicable for the preceding year reduced by 1, divided by (BB) 34; and (bb) subclause (I)(bb), the applicable phase-in factor for calendar year 2017 is the quotient of 1 divided by 34, and for each year thereafter is the quotient of— (AA) the numerator applicable for the preceding year increased by 1, divided by (BB) 34. . 3102. Adjustment to calculation of benefit computation years (a) In general Clause (i) of section 215(b)(2)(A) of the Social Security Act ( 42 U.S.C. 415(b)(2)(A) (i) in the case of an individual who is entitled to old-age insurance benefits (except as provided in the second sentence of this subparagraph), or who has died— (I) before January 1, 2014, by 5 years; (II) after December 31, 2013, and before January 1, 2015, by 4 years; (III) after December 31, 2014, and before January 1, 2016, by 3 years; and (IV) after December 31, 2015, and before January 1, 2017, by 2 years; and . (b) Effective date The amendments made by this section shall apply to benefits payable for months beginning after December 31, 2013. 3103. Minimum Social Security benefit (a) In general Section 215 of the Social Security Act 42 U.S.C. 415 (j) Minimum monthly insurance benefit (1) Notwithstanding the preceding provisions of this section— (A) subject to paragraph (3), the primary insurance amount of any individual who is credited with at least 10 years of coverage and who initially becomes eligible for old-age or disability insurance benefits or dies (before becoming eligible for such benefits) for a month beginning after December 31, 2016 (in this subsection referred to as a qualified individual (i) the primary insurance amount determined under this section (without regard to this subsection), or (ii) the minimum monthly insurance benefit determined under paragraph (2), and (B) any recomputation of the primary insurance amount of a qualified individual shall not result in a primary insurance amount less than the primary insurance amount as in effect immediately prior to such recomputation. (2) For purposes of this subsection, the term minimum monthly insurance benefit 1/12 (3) (A) For purposes of this subsection, subject to subparagraph (B), the applicable percentage shall be 125 percent reduced by the number of percentage points determined under subparagraph (B)(ii) for each year of coverage of the qualified individual less than 30. (B) (i) In the case of an individual who initially becomes eligible for disability insurance benefits under section 223 before attaining age 62, or who dies before attaining age 62, in a month beginning after December 31, 2016, and who is credited with at least 5 years of coverage, the individual shall be treated as a qualified individual and the applicable percentage shall be 125 reduced by the number of percentage points determined under clause (ii) for each year of coverage of the qualified individual less than the number as determined under clause (iii). (ii) The number of percentage points under this clause shall be determined by— (I) dividing the number of the qualifying individual’s elapsed years (as defined in subsection (b)(2)(B)(iii)) by 40; (II) multiplying the result under subclause (I) by 20; and (III) dividing 125 by the result under subclause (II) and rounding to the nearest one hundredth of 1 percentage point. (iii) The number of years of coverage under this clause shall be determined by multiplying the ratio determined under clause (ii)(I) by 30 and rounding to the next lower whole number. (4) For purposes of this subsection, a year of coverage is a calendar year for which an individual is credited with 4 quarters of coverage. (5) For purposes of this subsection— (A) for individuals who initially become eligible for old-age or disability insurance benefits or die (before becoming eligible for such benefits) in 2017, the term adjusted minimum benefit level (B) for individuals who initially become eligible for old-age or disability insurance benefits or die (before becoming eligible for such benefits) in a year after 2017, the term adjusted minimum benefit level the computation base year for which the determination is made 2009 (6) The provisions of this subsection shall not apply in the case of an individual whose primary insurance amount would otherwise be computed under subsection (a)(7). . (b) Conforming amendment Section 202(a) of such Act ( 42 U.S.C. 402(a) section 215(a) section 215 3104. Increase in benefits starting 20 years after initial eligibility (a) In general Section 215 of the Social Security Act 42 U.S.C. 415 (k) Increased monthly insurance benefit after 20 years of initial eligibility (1) Notwithstanding the preceding provisions of this section, in the case of an individual who is a 20-year beneficiary, the primary insurance amount of the individual (as determined before the application of this subsection) shall be increased for months beginning with the first month for which the individual attains such status by the amount equal to the applicable percentage of the applicable average primary insurance amount. (2) For purposes of this subsection, the term 20-year beneficiary (3) For purposes of paragraph (1), the term applicable average primary insurance amount (4) For purposes of paragraph (1), the applicable percentage is— (A) for each month occurring during the first 12-month period for which an individual is a 20-year beneficiary, 1 percent; (B) for each month occurring during the second 12-month period for which an individual is such a beneficiary, 2 percent; (C) for each month occurring during the third 12-month period for which an individual is such a beneficiary, 3 percent; (D) for each month occurring during the fourth 12-month period for which an individual is such a beneficiary, 4 percent; and (E) for each month occurring thereafter, 5 percent. . (b) Effective date The amendments made by this section shall apply to benefits payable for months beginning after December 31, 2013. 3105. Adjustment to normal and early retirement ages Section 216(l) of the Social Security Act ( 42 U.S.C. 416(l) (1) in paragraph (1)— (A) in subparagraph (D), by striking ; and (B) by striking subparagraph (E) and inserting the following new subparagraphs: (E) with respect to an individual who attains early retirement age after December 31, 2021, and before January 1, 2023, 67 years of age; (F) with respect to an individual who, during the period after December 31, 2022, and before January 1, 2070— (i) for purposes of paragraph (2)(A)(ii), attains 62 years of age, such individual's early retirement age plus 60 months; or (ii) attains early retirement age pursuant to paragraph (2)(B), 67 years plus the number of months determined under the age increase factor for the calendar year in which such individual attains early retirement age; and (G) with respect to an individual who— (i) for purposes of paragraph (2)(A)(iii), attains 62 years of age after December 31, 2069, 69 years of age; or (ii) attains early retirement age pursuant to paragraph (2)(B) after December 31, 2069, 69 years of age. ; (2) by amending paragraph (2) to read as follows: (2) The term early retirement age (A) in the case of an old-age, wife's, or husband's insurance benefit— (i) 62 years of age with respect to an individual who attains such age before January 1, 2023; (ii) with respect to an individual who attains 62 years of age after December 31, 2022, and before January 1, 2070, 62 years of age plus the number of months determined under the age increase factor for the calendar year in which such individual attains 62 years of age; and (iii) with respect to an individual who attains age 62 after December 31, 2069, 64 years of age; or (B) in the case of a widow's or widower's insurance benefit, 60 years of age. ; and (3) by adding at the end the following new paragraph: (4) The age increase factor shall be equal to 1/24 (A) for purposes of paragraph (1)(F)(ii), the individual attains 60 years of age; or (B) for purposes of paragraph (2)(A)(ii), the individual attains 62 years of age. . 3106. Application of actuarial reduction for disabled beneficiaries who attain early retirement age (a) In general Section 202(k)(4) of the Social Security Act ( 42 U.S.C. 402(k)(4) (4) (A) Subject to subparagraph (B), any individual who, under this section and section 223, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall be entitled to only the larger of such benefits for such month, except that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month. (B) An individual described in subparagraph (A) who has attained transitional retirement age (as determined under subparagraph (C)) shall only be entitled to the old-age insurance benefit for such month, as reduced for such month pursuant to subsection (q)(1). (C) For purposes of subparagraph (B), the term transitional retirement age (i) with respect to an individual who attains 62 years of age before January 1, 2014, 66 years of age; (ii) with respect to an individual who attains 62 years of age after December 31, 2013, and before January 1, 2025, 66 years of age reduced by the number of months determined under the transition factor (as determined under subparagraph (D)) for the calendar year in which such individual attains 62 years of age; and (iii) with respect to an individual who attains 62 years of age after December 31, 2024, 64 years of age. (D) For purposes of subparagraph (C)(ii), the transition factor shall be equal to two-twelfths of the number of months in the period beginning with January 2014 and ending with December of the year in which the individual attains 62 years of age. . (b) Conforming amendments (1) Period of disability Clause (i) of section 216(i)(2)(D) of the Social Security Act ( 42 U.S.C. 416(i)(2)(D) retirement age (as defined in subsection (l)) transitional retirement age (as defined in section 216(k)(4)) (2) Disability insurance benefit payments Section 223(a)(1) of the Social Security ( 42 U.S.C. 423(a)(1) (A) in subparagraph (B), by striking retirement age (as defined in section 216(l)) transitional retirement age (as defined in section 216(k)(4)) (B) in the flush matter at the end, by striking retirement age (as defined in section 216(l)) transitional retirement age (as defined in section 216(k)(4)) (c) Effective date The amendments made by this section shall apply to benefits payable for months beginning after December 31, 2013. 3107. Option to collect up to one-half of old-age insurance benefit at age 62 (a) In general Section 202 of the Social Security Act ( 42 U.S.C. 402 (z) Option to collect up to one-Half of old-Age insurance benefit beginning at age 62 (1) Not later than January 1, 2014, the Commissioner of Social Security shall establish an option, subject to such regulations as are prescribed by the Commissioner under paragraph (2), for a fully insured individual (as defined in section 214) to elect to receive a reduced monthly benefit after such individual attains 62 years of age, consisting of the following: (A) Subject to paragraph (3), for months beginning with the month in which the individual attains age 62, a monthly benefit equal to such percentage as is elected by the individual, but which shall not be greater than 50 percent, of the primary insurance amount determined for the individual at age 62. (B) For months beginning with the month in which the individual attains early retirement age, a monthly benefit equal to the sum of— (i) the monthly benefit payable to the individual under subparagraph (A); and (ii) the amount equal to the applicable percentage (as determined under subparagraph (C)) of primary insurance amount determined for the individual under section 215 for such month (determined without regard to any election under this subsection). (C) For purposes of subparagraph (B)(ii), the applicable percentage shall be equal to the difference between— (i) 100 percent; and (ii) the percentage elected by the individual under subparagraph (A). (2) An individual shall elect the option under this subsection in accordance with regulations prescribed by the Commissioner of Social Security. (3) The monthly benefit payable to an individual under paragraph (1)(A) shall be subject to reduction as provided in subsection (q). . (b) Conforming amendment Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended in the last sentence, by striking subsection (q) and subsection (w) subsections (q), (w), and (z) 3108. Coverage of newly hired State and local employees (a) Amendments to the Social Security Act (1) In general Paragraph (7) of section 210(a) of the Social Security Act (7) Excluded State or local government employment (as defined in subsection (s)); . (2) Excluded state or local government employment (A) In general Section 210 of such Act ( 42 U.S.C. 410 (s) Excluded state or local government employment (1) In general The term excluded State or local government employment (A) (i) such service would be excluded from the term employment (B) the requirements of paragraph (3) are met with respect to such service. (2) Exception for current employment which continues (A) In general The requirements of this paragraph are met with respect to service for any employer if— (i) such service is performed by an individual— (I) who was performing substantial and regular service for remuneration for that employer before January 1, 2021, (II) who is a bona fide employee of that employer on December 31, 2020, and (III) whose employment relationship with that employer was not entered into for purposes of meeting the requirements of this subparagraph, and (ii) the employment relationship with that employer has not been terminated after December 31, 2020. (B) Treatment of multiple agencies and instrumentalities For purposes of subparagraph (A), under regulations (consistent with regulations established under section 3121(t)(2)(B) of the Internal Revenue Code of 1986)— (i) all agencies and instrumentalities of a State (as defined in section 218(b)) or of the District of Columbia shall be treated as a single employer, and (ii) all agencies and instrumentalities of a political subdivision of a State (as so defined) shall be treated as a single employer and shall not be treated as described in clause (i). (3) Exception for certain services (A) In general The requirements of this paragraph are met with respect to service if such service is performed— (i) by an individual who is employed by a State or political subdivision thereof to relieve such individual from unemployment, (ii) in a hospital, home, or other institution by a patient or inmate thereof as an employee of a State or political subdivision thereof or of the District of Columbia, (iii) by an individual, as an employee of a State or political subdivision thereof or of the District of Columbia, serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency, (iv) by any individual as an employee included under section 5351(2) (v) by an election official or election worker if the remuneration paid in a calendar year for such service is less than $1,000 with respect to service performed during 2021, and the adjusted amount determined under subparagraph (C) for any subsequent year with respect to service performed during such subsequent year, except to the extent that service by such election official or election worker is included in employment under an agreement under section 218, or (vi) by an employee in a position compensated solely on a fee basis which is treated pursuant to section 211(c)(2)(E) as a trade or business for purposes of inclusion of such fees in net earnings from self-employment. (B) Definitions As used in this paragraph, the terms State political subdivision (C) Adjustments to dollar amount for election officials and election workers For each year after 2021, the Commissioner of Social Security shall adjust the amount referred to in subparagraph (A)(v) at the same time and in the same manner as is provided under section 215(a)(1)(B)(ii) with respect to the amounts referred to in section 215(a)(1)(B)(i), except that— (i) for purposes of this subparagraph, 2018 shall be substituted for the calendar year referred to in section 215(a)(1)(B)(ii)(II), and (ii) such amount as so adjusted, if not a multiple of $100, shall be rounded to the next higher multiple of $100 where such amount is a multiple of $50 and to the nearest multiple of $100 in any other case. The Commissioner of Social Security shall determine and publish in the Federal Register each adjusted amount determined under this subparagraph not later than November 1 preceding the year for which the adjustment is made. . (B) Conforming amendments (i) Subsection (k) of section 210 of such Act ( 42 U.S.C. 410(k) (ii) Section 210(p) of such Act ( 42 U.S.C. 410(p) (I) in paragraph (2), by striking service is performed service is service described in subsection (s)(3)(A). (II) in paragraph (3)(A), by inserting under subsection (a)(7) as in effect in December 2020 section (iii) Section 218(c)(6) of such Act ( 42 U.S.C. 418(c)(6) (I) by striking subparagraph (C); (II) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (III) by striking subparagraph (F) and inserting the following: (E) service which is included as employment under section 210(a). . (b) Amendments to the internal revenue code of 1986 (1) In general Paragraph (7) of section 3121(b) of the Internal Revenue Code of 1986 (relating to employment) is amended to read as follows: (7) excluded State or local government employment (as defined in subsection (t)); . (2) Excluded state or local government employment Section 3121 of such Code is amended by inserting after subsection (s) the following new subsection: (t) Excluded state or local government employment (1) In general For purposes of this chapter, the term excluded State or local government employment (A) (i) such service would be excluded from the term employment (B) the requirements of paragraph (3) are met with respect to such service. (2) Exception for current employment which continues (A) In general The requirements of this paragraph are met with respect to service for any employer if— (i) such service is performed by an individual— (I) who was performing substantial and regular service for remuneration for that employer before January 1, 2021, (II) who is a bona fide employee of that employer on December 31, 2020, and (III) whose employment relationship with that employer was not entered into for purposes of meeting the requirements of this subparagraph, and (ii) the employment relationship with that employer has not been terminated after December 31, 2020. (B) Treatment of multiple agencies and instrumentalities For purposes of subparagraph (A), under regulations— (i) all agencies and instrumentalities of a State (as defined in section 218(b) of the Social Security Act (ii) all agencies and instrumentalities of a political subdivision of a State (as so defined) shall be treated as a single employer and shall not be treated as described in clause (i). (3) Exception for certain services (A) In general The requirements of this paragraph are met with respect to service if such service is performed— (i) by an individual who is employed by a State or political subdivision thereof to relieve such individual from unemployment, (ii) in a hospital, home, or other institution by a patient or inmate thereof as an employee of a State or political subdivision thereof or of the District of Columbia, (iii) by an individual, as an employee of a State or political subdivision thereof or of the District of Columbia, serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency, (iv) by any individual as an employee included under section 5351(2) (v) by an election official or election worker if the remuneration paid in a calendar year for such service is less than $1,000 with respect to service performed during 2021, and the adjusted amount determined under section 210(s)(3)(C) of the Social Security Act Social Security Act (vi) by an employee in a position compensated solely on a fee basis which is treated pursuant to section 1402(c)(2)(E) as a trade or business for purposes of inclusion of such fees in net earnings from self-employment. (B) Definitions As used in this paragraph, the terms State political subdivision Social Security Act . (3) Conforming amendments (A) Subsection (j) of such section 3121 (relating to covered transportation service) is repealed. (B) Paragraph (2) of section 3121(u) of such Code (relating to application of hospital insurance tax to Federal, State, and local employment) is amended— (i) in subparagraph (B), by striking service is performed service is service described in subsection (t)(3)(A). (ii) in subparagraph (C)(i), by inserting under subsection (b)(7) as in effect in December 2020 chapter (c) Effective date Except as otherwise provided in this section, the amendments made by this section shall apply with respect to service performed after December 31, 2020. 3109. Inclusion in annual Social Security account statement of estimated present value of taxes and benefits for Social Security and Medicare and projected deficit as a percent of lifetime earnings (a) In general Section 1143(a)(2) of the Social Security Act ( 42 U.S.C. 1320b–13(a)(2) (1) in subparagraph (E), by striking benefits. benefits; (2) by adding after subparagraph (E) the following new subparagraphs: (F) an estimate, as determined by the Commissioner, in consultation with the Secretary of Health and Human Services, on the basis of available records of the Commissioner and projections based on reasonable assumptions, of— (i) the present value of potential lifetime aggregate employer, employee, and self-employment contributions of the eligible individual for old-age, survivors, and disability insurance (under title II) and for hospital insurance (under part A of title XVIII); (ii) the present value of potential lifetime premiums payable (under parts B and D of title XVIII); and (iii) the present value of potential lifetime aggregate retirement, disability, survivor, and auxiliary benefits payable on the eligible individual’s account under title II and per capita benefits payable under the Medicare program of title XVIII; and (G) an estimate, as determined by the Commissioner, in consultation with the Secretary of Health and Human Services, on the basis of available records of the Commissioner and projections based on reasonable assumptions, of the ratio (expressed as a percentage) of— (i) the sum of the projected deficit-financed benefits under the old-age, survivors, and disability insurance program with respect to the eligible individual and the projected deficit-financed benefits under part A of the Medicare program under title XVIII with respect to the eligible individual, to (ii) projected lifetime earnings of the eligible individual. . (b) Definitions Section 1143(a) of such Act ( 42 U.S.C. 1320b–13(a) (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: (3) For purposes of paragraph (2)(G)— (A) The term projected deficit-financed benefits (i) with respect to an eligible individual in connection with the old-age, survivors, and disability insurance program, the product of— (I) the benefits described in subparagraph (F)(ii) of such individual under such program, and (II) the ratio of future annual deficits, excluding interest, of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund over the eligible individual’s lifetime to future annual outlays from such Trust Funds over such lifetime; and (ii) with respect to an eligible individual in connection with the Medicare program under title XVIII, the product of— (I) the benefits for hospital insurance (under part A of title XVIII) described in subparagraph (F)(ii) of such individual under such program, and (II) the ratio of future annual deficits of the Federal Hospital Insurance Trust Fund over the eligible individual’s lifetime to future annual outlays from such Trust Fund over such lifetime. (B) The term projected lifetime earnings . (c) Effective date The amendments made by this section shall apply with respect to annual statements issued after 2013. 3110. Retirement information campaign The Commissioner of Social Security shall establish a public information campaign to provide information and education regarding the implications on personal financial security of early and other retirement decisions and the need for greater retirement savings. The information campaign should be designed to encourage individuals to delay retirement so as to build enhanced levels of social security benefits and personal retirement savings. To the extent the Commissioner of Social Security determines appropriate, the information provided through the campaign should utilize behavioral economics approaches, such as structured choice, and other scientific approaches. IV Conversion to chained CPI 4101. Conversion to Chained CPI (a) Consumer price index adjustments applicable to the Internal Revenue Code provisions (1) In general Paragraph (3) of section 1(f) of the Internal Revenue Code of 1986 is amended to read as follows: (3) Cost-of-living adjustment (A) In general For purposes of paragraph (2), the cost-of-living adjustment for any calendar year is— (i) for adjustments first beginning before 2014, the product of— (I) the CPI fraction for calendar years before 2014, multiplied by (II) the Chained CPI fraction for calendar years after 2013, reduced by 1, and (ii) for adjustments first beginning after 2013, the Chained CPI fraction for years after 2013. (B) CPI fraction for calendar years before 2014 The CPI fraction for calendar years before 2014 is the fraction— (i) the numerator of which is the CPI for the calendar year 2012; and (ii) the denominator of which is the CPI for the calendar year 1992. (C) Chained cpi fraction for calendar years after 2013 The Chained CPI fraction for calendar years after 2013 is the fraction— (i) the numerator of which is the Chained CPI for the preceding calendar year, and (ii) the denominator of which is the Chained CPI for the calendar year 2012. . (2) Conforming amendments (A) Paragraph (4) of section 1(f) of such Code is amended to read as follows: (4) Cpi and chained cpi for any calendar year For purposes of paragraph (3)— (A) Cpi The CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. (B) Chained cpi The Chained CPI for any calendar year is the average of the Chained Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. . (B) Paragraph (5) of section 1(f) of such Code is amended to read as follows: (5) Consumer price index and chained consumer price index For purposes of paragraph (4)— (A) Consumer price index The term Consumer Price Index (B) Chained consumer price index The term Chained Consumer Price Index . (C) Subclause (II) of section 36B(b)(3)(A)(ii) of such Code is amended by striking consumer price index Chained Consumer Price Index (as defined in section 1(f)(5)(B)) (D) Subclause (II) of section 36B(f)(2)(B)(ii) of such Code is amended by striking by substituting calendar year 2013 calendar year 1992 by substituting calendar year 2013 calendar year 2012 (E) Clause (ii) of section 45R(d)(3)(B) of such Code is amended by striking determined by substituting calendar year 2012 calendar year 1992 (F) Subparagraph (B) of section 125(i)(2) of such Code is amended by striking determined by substituting calendar year 2012 calendar year 1992 (G) Subclause (II) of section 4980I(b)(3)(C)(v) of such Code is amended by striking for 1992 for 2012 (H) Clause (ii) of section 5000A(c)(3)(D) of such Code is amended by striking by substituting calendar year 2015 calendar year 1992 by substituting calendar year 2015 calendar year 2012 (3) Effective date The amendments made by this subsection shall apply to taxable years beginning after December 31, 2013. (b) Modifications to cost-of-Living indexation of Social Security benefits (1) In general Section 215(i)(1)(D) of the Social Security Act (42 U.S.C. 415(i)(1)(D)) is amended to read as follows: (D) the term CPI increase percentage (i) the most recent calendar quarter (prior to such base quarter or cost-of-living computation quarter) which was a base quarter under subparagraph (A)(ii); or (ii) the most recent cost-of-living computation quarter under subparagraph (B); . (2) Definitions Section 215(i)(1)(G) of such Act ( 42 U.S.C. 415(i)(1)(G) (G) the Chained Consumer Price Index for All Urban Consumers for a base quarter, a cost-of-living computation quarter, or any other calendar quarter shall be the arithmetical mean of such index (as published in its initial form by the Bureau of Labor Statistics of the Department of Labor as of the end of such quarter) for the 12-month period ending with such quarter. . (3) Conforming changes for pre-1977 law (A) Section 215(i)(1) of such Act, as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking for the 3 months in such quarter. for the 12 months in the 12-month period ending with such quarter; and (iii) by adding at the end the following new subparagraph: (D) the term Consumer Price Index . (B) Section 215(i)(4) of the Social Security Act ( 42 U.S.C. 415(i)(4) and by section 4101(b) of the Fiscal Sustainability Act of 2013 1986, (4) Effective date The amendments made by this subsection shall apply with respect to increases described in section 215(i) of the Social Security Act, and to increases under programs dependent on Social Security cost-of-living adjustments, effective with the month of December for years after 2012. (c) Adjustments of provisions utilizing the consumer price index (1) In general Notwithstanding any other provision of law, and except as provided in this section, for purposes of determining the amount of any cost-of-living increase or similar adjustment under a Federal program or law effective in the month of December 2013 and thereafter, any such increase for the period for which the percentage change is determined shall be deemed to be, in lieu of the increase otherwise determined under applicable law, the increase determined under such applicable law by substituting the Chained CPI for the CPI. (2) Increases determined from a constant base year (A) In general In any case in which the amount of a cost-of-living increase effective in the month of December 2012 and thereafter is determined under applicable law by reference to a change in the CPI over a period which is determined by reference to a base period which remains constant from year to year, any such increase for any period shall be deemed to be, in lieu of the increase otherwise determined under applicable law, the increase, expressed as a percentage increase, equal to the product of— (i) the CPI fraction prior to 2014; multiplied by (ii) the Chained CPI fraction after 2013, reduced by 1. (B) CPI fraction prior to 2014 The CPI fraction prior to 2014 is the fraction— (i) the numerator of which is the CPI for the period, ending with or during 2012, which corresponds to the base period; and (ii) the denominator of which is the CPI for the base period. (C) Chained CPI fraction after 2013 The Chained CPI fraction after 2013 is the fraction— (i) the numerator of which is the Chained CPI for the period, ending with or during the year preceding the year in which the determination takes effect, which corresponds to the base period; and (ii) the denominator of which is the most recently published estimate of the Chained CPI for the period, ending with or during 2012, which corresponds to the base period. (3) Special provisions and exceptions (A) Programs tied to Social Security Subject to subparagraph (B) and the effective date under subsection (b)(4), this section and the amendments made by this section shall apply to any cost-of-living increase or other adjustment which is determined by reference to an adjustment made under section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) (B) Poverty line This subsection shall apply to revisions to the poverty line made pursuant to 42 U.S.C. 9902(2) (4) Cpi and chained cpi For purposes of this subsection— (A) the CPI for any period means the average monthly Consumer Price Index for such period, or a component thereof, as determined under the applicable law in connection with any cost-of-living increase or similar adjustment required for such period (without regard to this subsection); and (B) the Chained CPI for any period means, except as provided in paragraph (2)(C)(ii), the Chained Consumer Price Index for all urban consumers (as published in its initial form by the Bureau of Labor Statistics of the Department of Labor) for such period, or a component thereof, determined under applicable law in the same manner as the CPI for such period would be determined. (d) Change to 12-Month period for cost-of-Living indexation for Federal civil service and military retirement programs (1) In general (A) Federal civil service Sections 8340(a)(2) 8462(a)(2) 3 months comprising such quarter 12-month period ending with such quarter (B) Military Section 1401a(h) of title 10, United States Code, is amended by striking three months comprising that quarter 12-month period ending with such quarter (2) Effective date The amendments made by this subsection shall apply with respect to cost-of-living increases effective with the month of December of years after 2012.

Fiscal Sustainability Act of 2013

Social Security Lock-Box Act of 2013 - Amends the Congressional Budget Act of 1974 to provide a point of order against consideration of any: (1) budget resolution that sets forth totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with a current services baseline, or (2) spending or tax legislation that would cause any totals to be less than the Funds totals for the covered fiscal year. Makes the point of order described in (2) above inapplicable to Social Security reform legislation. Requires any federal budget submitted by the President that recommends totals for any fiscal year with respect to the Funds that are less than the totals of the Funds for that fiscal year to include a detailed proposal for Social Security reform legislation. Makes this Act inapplicable upon the enactment of such legislation. Defines "Social Security reform legislation" as a bill or joint resolution to save Social Security that specifies that it constitutes reform legislation.

113 S110 IS: Social Security Lock-Box Act of 2013 U.S. Senate 2013-01-23 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 113th CONGRESS 1st Session S. 110 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Vitter Committee on the Budget A BILL To establish a procedure to safeguard the Social Security Trust Funds. 1. Short title This Act may be cited as the Social Security Lock-Box Act of 2013 2. Findings and purpose (a) Findings Congress finds that— (1) fiscal pressures will mount as an aging population increases the Government’s obligations to provide retirement income and health services; (2) Social Security surpluses should be reserved for strengthening and preserving the Social Security Trust Funds; and (3) preserving Social Security surpluses would restore confidence in the long-term financial integrity of Social Security. (b) Purpose It is the purpose of this Act to prevent the Social Security Trust Funds from being used for any purpose other than providing retirement security. 3. Protection of Social Security Trust Funds (a) Protection of Social Security Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 316. Lock-Box for Social Security (a) Lock-Box for Social Security (1) Concurrent resolutions on the budget (A) In general It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or an amendment thereto or conference report thereon, that would set forth totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with a current services baseline. (B) Exception (i) Subparagraph (A) shall not apply to the extent that a violation of such subparagraph would result from an assumption in the resolution, amendment, or conference report, as applicable, of an increase in outlays or a decrease in revenues and disbursements relative to the baseline underlying that resolution for social security reform legislation for any such fiscal year. (ii) If a concurrent resolution on the budget, or an amendment thereto or conference report thereon, would be in violation of subparagraph (A) because of an assumption of an increase in outlays or a decrease in revenue relative to the baseline underlying that resolution for social security reform legislation for any such fiscal year, then that resolution shall include a statement identifying any such increase in outlays or decrease in revenues and disbursements. (2) Spending and tax legislation (A) In general It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if— (i) the enactment of that bill or resolution, as reported; (ii) the adoption and enactment of that amendment; or (iii) the enactment of that bill or resolution in the form recommended in that conference report, would cause the totals for any fiscal year covered by the most recently agreed to concurrent resolution on the budget with respect to the Social Security Trust Funds to be less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with the current services baseline. (B) Exception Subparagraph (A) shall not apply to social security reform legislation. (b) Enforcement For purposes of enforcing any point of order under subsection (a), the totals of the Social Security Trust Funds for a fiscal year shall be the levels set forth in the later of the report accompanying the concurrent resolution on the budget (or, in the absence of such a report, placed in the Congressional Record prior to the consideration of such resolution) or in the joint explanatory statement of managers accompanying such resolution. (c) Additional Content of Reports Accompanying Budget Resolutions and of Joint Explanatory Statements The report accompanying any concurrent resolution on the budget and the joint explanatory statement accompanying the conference report on each such resolution shall include the levels of the totals in the budget for each fiscal year set forth in such resolution and of the revenues and disbursements in the Social Security Trust Funds. (d) Definitions As used in this section, the term social security reform legislation For purposes of section 316(a) of the Congressional Budget Act of 1974, this Act constitutes social security reform legislation. (e) Waiver and Appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. (f) Effective Date This section shall cease to have any force or effect upon the enactment of social security reform legislation. . (b) Conforming Amendment The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item for section 315 the following: Sec. 316. Lock-box for social security. . 4. President’s budget (a) Protection of Social Security If the budget of the United States Government submitted by the President under section 1105(a) (b) Effective Date Subsection (a) shall cease to have any force or effect upon the enactment of social security reform legislation as defined by section 316(d) of the Congressional Budget Act of 1974.

Social Security Lock-Box Act of 2013

North American Alternative Fuels Act - Amends the Energy Independence and Security Act of 2007 to repeal the requirement that any federal agency procurement contract for an alternative or synthetic fuel, including those from nonconventional petroleum sources, for any mobility-related use (except research or testing) specify that lifecycle greenhouse gas emissions associated with the fuel must, on an ongoing basis, be less than or equal to such emissions from equivalent conventional fuel produced from conventional petroleum sources.

113 S1100 IS: North American Alternative Fuels Act U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1100 IN THE SENATE OF THE UNITED STATES June 6, 2013 Mr. Barrasso Mr. Manchin Mr. Coats Ms. Heitkamp Mr. Enzi Mr. Inhofe Mr. Hoeven Committee on Energy and Natural Resources A BILL To amend the Energy Independence and Security Act of 2007 to repeal a provision prohibiting Federal agencies from procuring alternative fuels. 1. Short title This Act may be cited as the North American Alternative Fuels Act 2. Repeal of prohibition of the procurement and acquisition of alternative fuels (a) In general Section 526 of the Energy Independence and Security Act of 2007 ( Public Law 110–140 (b) Conforming amendment Section 30310

North American Alternative Fuels Act

Every Child Ready for College or Career Act of 2013 - Revises and reauthorizes programs under the Elementary and Secondary Education Act of 1965 (ESEA). Title I: Improving Basic Programs Operated by State and Local Educational Agencies - Amends the school improvement program under part A of title I of the ESEA to eliminate the requirement that local educational agencies (LEAs) and schools make adequate yearly progress toward state academic content and achievement standards. Requires states to adopt challenging academic content and achievement standards for mathematics, reading or language arts, and science that ensure that all of their public school students graduate from high school fully prepared for postsecondary education or the workforce. Requires states to implement a set of high-quality assessments of student progress toward those standards in mathematics and reading or language arts that: (1) involve multiple measures of student achievement; (2) measure the overall performance of students in each public school and the performance of their poor, minority, disabled, and English learner subgroups; and (3) are used as the primary means of determining the yearly performance of each of their schools. Allows states to adopt alternate academic achievement standards and assessments for students with the most significant cognitive disabilities. Requires states to annually: (1) identify their public schools that need improvement based on the overall performance of their students, achievement gaps between student subgroups, or graduation rates; and (2) assist their LEAs in developing and implementing appropriate improvement strategies for such schools. Includes among the assistance strategies that LEAs must develop for schools their state has identified as needing improvement: replacing the school's principal; replacing ineffective teachers; giving the school the operational flexibility needed to fully implement a comprehensive strategy to improve student achievement; providing ongoing, high-quality professional development to instructional staff; implementing strategies to recruit, place, and retain effective staff; using data to identify and implement an instructional program that is aligned with state academic standards or to inform and differentiate instruction that meets the needs of individual students; converting a school or closing and reopening the school; closing a school and enrolling it students in higher performing schools; and adopting a new governance structure for the school. Allows LEAs to give students in those schools the option to transfer to another public school in their jurisdiction, provided the option is not prohibited by state law. Eliminates the requirement that all teachers be highly qualified, requiring instead that they meet applicable state certification and licensure requirements. Authorizes states to allocate their part A grants among LEAs on the basis of the number of impoverished children enrolled in each LEA's public schools. Replaces the program under part B (Student Reading Skills Improvement Grants) with a program awarding grants to states to assist them in developing academic assessments and academic content and achievement standards. Repeals: (1) the demonstrations of innovative practices, assessment evaluation, and Close Up Fellowship programs under part E; (2) part F (Comprehensive School Reform); (3) part G (Advanced Placement Programs); and (4) part H (School Dropout Prevention) of title I of the ESEA. Eliminates fiscal maintenance of effort requirements imposed on LEAs receiving funds under part A. Title II: High-Quality Teachers and Principals - Creates a new title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the ESEA consisting of a part A (Fund for the Improvement of Teaching and Learning) and part B (Teacher Incentive Fund). Moves teacher liability and internet safety provisions to title IX of the ESEA. Allocates part A grants to states and, through them, subgrants to LEAs pursuant to a formula that apportions: (1) 20% of the funding to states and LEAs on the basis of their share of students aged 5-17 on the national and state level, respectively; and (2) 80% of such funding on the basis of their share of impoverished students in that age group. Requires states to use 95% of those funds for subgrants to LEAs, with the remainder being used for specified state activities. Lists the projects which the subgrants may fund, including: (1) teacher and principal recruitment, training, and retention efforts; (2) teacher and principal evaluation systems that are based in significant part on student achievement; (3) model instructional programs in the core academic subjects; (4) measures that improve students' access to school library materials, postsecondary level coursework, and extended learning opportunities; and (5) the provision of general liability insurance coverage to teachers. Requires those projects to meet certain principles of effectiveness and undergo a periodic evaluation to assess their progress in providing students with a high-quality education in the core academic subjects that improves student academic achievement. Directs the Secretary of Education to: (1) provide technical assistance to part A grantees and subgrantees; (2) evaluate part A activities; and (3) award competitive matching grants to institutions of higher education or national educational organizations to provide LEAs with teachers and school leaders from nontraditional routes, professional development activities, and other services and learning opportunities. Directs the Secretary to reserve at least 10% of the funding under title II for the part B program, after reserving funds for certain national activities under part A. Authorizes the Secretary to award competitive matching grants under part B to states, LEAs, or partnerships between those entities and profit or nonprofit organizations to develop, implement, improve, or expand performance-based compensation systems for teachers and principals. Requires priority to be given to grant applicants that focus on teachers and principals serving in high-need schools. Directs the Secretary to arrange for an independent evaluation of the effectiveness of part B programs. Title III: Safe and Healthy Students - Replaces title IV (21st Century Schools) of the ESEA with a new title IV (Safe and Healthy Students) program. Moves the gun-free schools requirement and part C (Environmental Tobacco Smoke) of title IV to title IX (General Provisions) of the ESEA. Allots grants to states and, through them, subgrants to LEAs in amounts that reflect their share of impoverished children aged 5-17 on the national and state level, respectively. Requires states to use 98% of those funds for subgrants to LEAs. Requires the subgrants to be used to develop, implement, and evaluate comprehensive programs and activities that: (1) improve students' physical and mental health, diet, and physical fitness; (2) prevent and reduce substance abuse, school violence, and bullying; and (3) strengthen parent and community involvement in these efforts. Requires those programs and activities to meet certain principles of effectiveness and undergo a periodic evaluation to assess their progress in improving students' safety, health, and fitness. Title IV: Empowering Parents through Quality Charter Schools - Repeals part A (Innovative Programs), subpart 3 (Voluntary Public School Choice Programs) of part B (Public Charter Schools), and part D (Fund for the Improvement of Education) of title V (Promoting Informed Parental Choice and Innovative Programs) of the ESEA. Revises the program currently under subpart 1 (Charter School Programs) of part B and subsumes the program currently under subpart 2 (Credit Enhancement Initiatives to Assist Charter School Facility Acquisition, Construction, and Renovation) under that revised program. Replaces the current charter school grant program with a program awarding renewable competitive grants to states, authorized public chartering agencies, and LEAs and, through them, renewable subgrants to charter school developers to open new charter schools and expand and replicate high-quality charter schools. Requires such grantees to use 10% of the grant funds to provide technical assistance to subgrantees and authorized public chartering agencies and to work with those agencies to improve the charter school authorization process. Makes authorized public chartering agencies, LEAs, and charter management organizations eligible to receive renewable competitive grants to open new charter schools and expand and replicate high-quality charter schools. Revises the per-pupil facilities aid program (under which the Secretary makes competitive matching grants to states to provide per-pupil financing to charter schools) to allow states to: (1) partner with organizations to provide up to 50% of the state share of funding for the program; and (2) receive more than one program grant, so long as the amount of the grant funds provided to charter schools increases with each successive grant. Directs the Secretary to conduct certain national activities that include awarding competitive grants directly to charter school developers to open, replicate, and expand charter schools in states that have not received, or are nearing the end of, a grant for that purpose. Allows charter schools to serve prekindergarten or postsecondary school students. Title V: State Innovation and Flexibility - Amends title VI (Flexibility and Accountability) of the ESEA to allow LEAs to transfer up to 100% of their allocations under titles II and IV between the two programs or into the school improvement program under part A of title I. Allows states to do the same with the amounts allotted to them under such programs for state level activities. Amends title IX (General Provisions) of the ESEA to revise the process by which states, LEAs, and Indian tribes obtain waivers of the Act's statutory and regulatory requirements. Prohibits the Secretary from imposing requirements on states, LEAs, or Indian tribes in exchange for the approval of a waiver request. Repeals the requirement that LEAs maintain their education funding at certain levels in order to receive funds under covered ESEA programs. Establishes an approval and disapproval process for state plans and LEA applications under titles II and IV of the ESEA. Title VI: Extensions of Authorizations - Reauthorizes appropriations under the ESEA and the McKinney-Vento Homeless Assistance Act through FY2018.

113 S1101 IS: Every Child Ready for College or Career Act of 2013 U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1101 IN THE SENATE OF THE UNITED STATES June 6, 2013 Mr. Alexander Mr. Burr Mr. Isakson Mr. Hatch Mr. Roberts Mr. Kirk Mr. Enzi Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to ensure that every child is ready for college or a career. 1. Short title This Act may be cited as the Every Child Ready for College or Career Act of 2013 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Statement of purpose. Sec. 5. Table of contents of the Elementary and Secondary Education Act of 1965. TITLE I—Improving basic programs operated by State and local educational agencies Sec. 101. Statement of purpose. Sec. 102. Authorization of appropriations. Sec. 103. School improvement and State administration. Sec. 104. Basic program requirements. Sec. 105. Participation of children enrolled in private schools. Sec. 106. Title I funds follow the low-income child State option. Sec. 107. Academic assessments. Sec. 108. Evaluations. Sec. 109. Demonstrations of innovative practices. Sec. 110. General provisions. Sec. 111. National assessment of educational progress. TITLE II—High-quality teachers and principals Sec. 201. High-quality teachers and principals. TITLE III—Safe and healthy students Sec. 301. General provisions. TITLE IV—Empowering parents through quality charter schools Sec. 401. Purpose. Sec. 402. Program authorized. Sec. 403. Grants to support high-quality charter schools. Sec. 404. Facilities financing assistance. Sec. 405. National activities. Sec. 406. Records transfer. Sec. 407. Definitions. Sec. 408. Authorization of appropriations. Sec. 409. General provisions. TITLE V—State innovation and flexibility Sec. 501. Purposes. Sec. 502. Transferability of funds. Sec. 503. Waivers of statutory and regulatory requirements. Sec. 504. Maintenance of effort. Sec. 505. Plan approval process. TITLE VI—Extensions of authorizations Sec. 601. English learners and immigrant students. Sec. 602. Magnet school assistance. Sec. 603. Rural education achievement program. Sec. 604. Indian, Native Hawaiian, and Alaska Native Education. Sec. 605. Impact aid. Sec. 606. McKinney-Vento Homeless Assistance. 3. References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 4. Statement of purpose The purpose of this Act is to restore freedom to parents, teachers, principals, Governors, and local communities so that they can improve their local public schools. 5. Table of contents of the Elementary and Secondary Education Act of 1965 Section 2 is amended to read as follows: 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Sec. 1001. Statement of purpose. Sec. 1002. Authorization of appropriations. Sec. 1003. State administration. Part A—Improving Basic Programs Operated by Local Educational Agencies Subpart 1—Basic Program Requirements Sec. 1111. State plans. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs. Sec. 1114. School identification and assistance. Sec. 1115. Reserved. Sec. 1116. Reserved. Sec. 1117. Reserved. Sec. 1118. Parental involvement. Sec. 1119. Qualifications for teachers and paraprofessionals. Sec. 1120. Participation of children enrolled in private schools. Sec. 1120A. Fiscal requirements. Sec. 1120B. Coordination requirements. Subpart 2—Allocations Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. Sec. 1122. Allocations to States. Sec. 1124. Basic grants to local educational agencies. Sec. 1124A. Concentration grants to local educational agencies. Sec. 1125. Targeted grants to local educational agencies. Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. Sec. 1125A. Education finance incentive grant program. Sec. 1126. Special allocation procedures. Sec. 1127. Carryover and waiver. Sec. 1128. Title I funds follow the low-income child State option. Part B—Academic assessments Sec. 1201. Grants for State assessments and related activities. Sec. 1202. Grants for enhanced assessment instruments. Sec. 1203. Funding. Part C—Education of Migratory Children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. Coordination of migrant education activities. Sec. 1309. Definitions. Part D—Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk Sec. 1401. Purpose and program authorization. Sec. 1402. Payments for programs under this part. Subpart 1—State Agency Programs Sec. 1411. Eligibility. Sec. 1412. Allocation of funds. Sec. 1413. State reallocation of funds. Sec. 1414. State plan and State agency applications. Sec. 1415. Use of funds. Sec. 1416. Institution-wide projects. Sec. 1417. Three-year programs or projects. Sec. 1418. Transition services. Sec. 1419. Evaluation; technical assistance; annual model program. Subpart 2—Local Agency Programs Sec. 1421. Purpose. Sec. 1422. Programs operated by local educational agencies. Sec. 1423. Local educational agency applications. Sec. 1424. Uses of funds. Sec. 1425. Program requirements for correctional facilities receiving funds under this section. Sec. 1426. Accountability. Subpart 3—General Provisions Sec. 1431. Program evaluations. Sec. 1432. Definitions. Part E—National Assessment of Title I Sec. 1501. Evaluations. Part F—General Provisions Sec. 1601. Federal regulations. Sec. 1602. Agreements and records. Sec. 1603. State administration. Sec. 1604. Local educational agency spending audits. Sec. 1605. Prohibition against Federal mandates, direction, or control. Sec. 1606. Rule of construction on equalized spending. Sec. 1607. State report on dropout data. TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS AND PRINCIPALS Sec. 2101. Purpose. Sec. 2102. Definitions. Sec. 2103. Authorizations of appropriations. Part A—Fund for the improvement of teaching and learning Sec. 2104. Formula grants to States. Sec. 2105. Subgrants to local educational agencies. Sec. 2106. Local use of funds. Sec. 2107. Reporting. Sec. 2108. National activities of demonstrated effectiveness. Sec. 2109. Prohibition against Federal mandates, direction, or control. Sec. 2110. Supplement, not supplant. Part B—Teacher incentive fund Sec. 2201. Purposes; definitions. Sec. 2202. Teacher incentive fund grants. Sec. 2203. Reports and evaluations. Sec. 2204. Reservation of funds. TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS Sec. 3001. Authorizations of appropriations; condition on effectiveness of parts. Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act Sec. 3101. Short title. Sec. 3102. Purposes. Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement Sec. 3111. Formula grants to States. Sec. 3112. Native American and Alaska Native children in school. Sec. 3113. State and specially qualified agency plans. Sec. 3114. Within-State allocations. Sec. 3115. Subgrants to eligible entities. Sec. 3116. Local plans. Subpart 2—Accountability and Administration Sec. 3121. Evaluations. Sec. 3122. Achievement objectives and accountability. Sec. 3123. Reporting requirements. Sec. 3124. Coordination with related programs. Sec. 3125. Rules of construction. Sec. 3126. Legal authority under State law. Sec. 3127. Civil rights. Sec. 3128. Programs for Native Americans and Puerto Rico. Sec. 3129. Prohibition. Subpart 3—National Activities Sec. 3131. National professional development project. Subpart 4—Definitions Sec. 3141. Eligible entity. Part B—Improving Language Instruction Educational Programs Sec. 3201. Short title. Sec. 3202. Purpose. Sec. 3203. Native American children in school. Sec. 3204. Residents of the territories and freely associated States. Subpart 1—Program Development and Enhancement Sec. 3211. Financial assistance for language instruction educational programs. Sec. 3212. Program enhancement activities. Sec. 3213. Comprehensive school and systemwide improvement activities. Sec. 3214. Applications. Sec. 3215. Capacity building. Sec. 3216. Programs for Native Americans and Puerto Rico. Sec. 3217. Evaluations. Sec. 3218. Construction. Subpart 2—Research, Evaluation, and Dissemination Sec. 3221. Authority. Sec. 3222. Research. Sec. 3223. Academic excellence awards. Sec. 3224. State grant program. Sec. 3225. Instruction materials development. Subpart 3—Professional Development Sec. 3231. Professional development grants. Subpart 4—Emergency Immigrant Education Program Sec. 3241. Purpose. Sec. 3242. State administrative costs. Sec. 3243. Withholding. Sec. 3244. State allotments. Sec. 3245. State applications. Sec. 3246. Administrative provisions. Sec. 3247. Uses of funds. Sec. 3248. Reports. Subpart 5—Administration Sec. 3251. Release time. Sec. 3252. Notification. Sec. 3253. Coordination and reporting requirements. Part C—General Provisions Sec. 3301. Definitions. Sec. 3302. Parental notification. Sec. 3303. National Clearinghouse. Sec. 3304. Regulations. TITLE IV—SAFE AND HEALTHY STUDENTS Sec. 4101. Purpose. Sec. 4102. Definitions. Sec. 4103. Formula grants to States. Sec. 4104. Subgrants to local educational agencies. Sec. 4105. Local educational agency authorized activities. Sec. 4106. Supplement, not supplant. Sec. 4107. Prohibited use of funds. Sec. 4108. Authorization of appropriations. TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS Part A—Public Charter Schools Sec. 5201. Purpose. Sec. 5202. Program authorized. Sec. 5203. Grants to support high-quality charter schools. Sec. 5204. Facilities financing assistance. Sec. 5205. National activities. Sec. 5206. Federal formula allocation during first year and for successive enrollment expansions. Sec. 5207. Solicitation of input from charter school operators. Sec. 5208. Records transfer. Sec. 5209. Paperwork reduction. Sec. 5210. Definitions. Sec. 5211. Authorization of appropriations. Part B—Magnet Schools Assistance Sec. 5301. Findings and purpose. Sec. 5302. Definition. Sec. 5303. Program authorized. Sec. 5304. Eligibility. Sec. 5305. Applications and requirements. Sec. 5306. Priority. Sec. 5307. Use of funds. Sec. 5308. Prohibition. Sec. 5309. Limitations. Sec. 5310. Evaluations. Sec. 5311. Authorization of appropriations; reservation. TITLE VI—FLEXIBILITY AND ACCOUNTABILITY Part A—Improving Academic Achievement Subpart 1—Accountability Sec. 6111. Grants for State assessments and related activities. Sec. 6112. Grants for enhanced assessment instruments. Sec. 6113. Funding. Subpart 2—Funding Transferability for State and Local Educational Agencies Sec. 6121. Short title. Sec. 6122. Purpose. Sec. 6123. Transferability of funds. Subpart 3—State and Local Flexibility Demonstration Sec. 6131. Short title. Sec. 6132. Purpose. Sec. 6133. General provision. CHAPTER A—STATE FLEXIBILITY AUTHORITY Sec. 6141. State flexibility. Sec. 6142. Consolidation and use of funds. Sec. 6143. Performance review and penalties. Sec. 6144. Renewal of grant of flexibility authority. CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION Sec. 6151. Local flexibility demonstration agreements. Sec. 6152. Consolidation and use of funds. Sec. 6153. Limitations on administrative expenditures. Sec. 6154. Performance review and penalties. Sec. 6155. Renewal of local flexibility demonstration agreement. Sec. 6156. Reports. Subpart 4—State Accountability for Adequate Yearly Progress Sec. 6161. Accountability for adequate yearly progress. Sec. 6162. Peer review. Sec. 6163. Technical assistance. Sec. 6164. Report to Congress. Part B—Rural Education Initiative Sec. 6201. Short title. Sec. 6202. Purpose. Subpart 1—Small, Rural School Achievement Program Sec. 6211. Use of applicable funding. Sec. 6212. Grant program authorized. Sec. 6213. Accountability. Subpart 2—Rural and Low-Income School Program Sec. 6221. Program authorized. Sec. 6222. Uses of funds. Sec. 6223. Applications. Sec. 6224. Accountability. Subpart 3—General Provisions Sec. 6231. Annual average daily attendance determination. Sec. 6232. Supplement, not supplant. Sec. 6233. Rule of construction. Sec. 6234. Authorization of appropriations. Part C—General Provisions Sec. 6301. Prohibition against Federal mandates, direction, or control. Sec. 6302. Rule of construction on equalized spending. TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION Part A—Indian Education Sec. 7101. Statement of policy. Sec. 7102. Purpose. Subpart 1—Formula Grants to Local Educational Agencies Sec. 7111. Purpose. Sec. 7112. Grants to local educational agencies and tribes. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. Sec. 7118. Payments. Sec. 7119. State educational agency review. Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children Sec. 7121. Improvement of educational opportunities for Indian children. Sec. 7122. Professional development for teachers and education professionals. Subpart 3—National Activities Sec. 7131. National research activities. Sec. 7132. In-service training for teachers of Indian children. Sec. 7133. Fellowships for Indian students. Sec. 7134. Gifted and talented Indian students. Sec. 7135. Grants to tribes for education administrative planning and development. Sec. 7136. Improvement of educational opportunities for adult Indians. Subpart 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. Sec. 7142. Peer review. Sec. 7143. Preference for Indian applicants. Sec. 7144. Minimum grant criteria. Subpart 5—Definitions; Authorizations of Appropriations Sec. 7151. Definitions. Sec. 7152. Authorizations of appropriations. Part B—Native Hawaiian Education Sec. 7201. Short title. Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council and island councils. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. Part C—Alaska Native Education Sec. 7301. Short title. Sec. 7302. Findings. Sec. 7303. Purposes. Sec. 7304. Program authorized. Sec. 7305. Administrative provisions. Sec. 7306. Definitions. TITLE VIII—IMPACT AID Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Policies and procedures relating to children residing on Indian lands. Sec. 8005. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid. Sec. 8010. Federal administration. Sec. 8011. Administrative hearings and judicial review. Sec. 8012. Forgiveness of overpayments. Sec. 8013. Definitions. Sec. 8014. Authorization of appropriations. TITLE IX—GENERAL PROVISIONS Part A—Definitions Sec. 9101. Definitions. Sec. 9102. Applicability of title. Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. Part B—Flexibility in the use of Administrative and Other Funds Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9202. Single local educational agency States. Sec. 9203. Consolidation of funds for local administration. Sec. 9204. Consolidated set-aside for Department of the Interior funds. Part C—Coordination of Programs; Consolidated State and Local Plans and Applications Sec. 9301. Purpose. Sec. 9302. Optional consolidated State plans or applications. Sec. 9303. Consolidated reporting. Sec. 9304. General applicability of State educational agency assurances. Sec. 9305. Consolidated local plans or applications. Sec. 9306. Other general assurances. Part D—Waivers Sec. 9401. Waivers of statutory and regulatory requirements. Part E—Uniform Provisions Subpart 1—Private Schools Sec. 9501. Participation by private school children and teachers. Sec. 9502. Standards for by-pass. Sec. 9503. Complaint process for participation of private school children. Sec. 9504. By-pass determination process. Sec. 9505. Prohibition against funds for religious worship or instruction. Sec. 9506. Private, religious, and home schools. Subpart 2—Other Provisions Sec. 9522. Prohibition regarding State aid. Sec. 9523. Privacy of assessment results. Sec. 9524. School prayer. Sec. 9525. Equal access to public school facilities. Sec. 9526. General prohibitions. Sec. 9527. Prohibitions on Federal Government and use of Federal funds. Sec. 9528. Armed Forces recruiter access to students and student recruiting information. Sec. 9529. Prohibition on federally sponsored testing. Sec. 9530. Limitations on national testing or certification for teachers. Sec. 9531. Prohibition on nationwide database. Sec. 9532. Unsafe school choice option. Sec. 9533. Prohibition on discrimination. Sec. 9534. Civil rights. Sec. 9535. Rulemaking. Sec. 9536. Severability. Sec. 9537. Transfer of school disciplinary records. Subpart 3—Teacher Liability Protection Sec. 9541. Short title. Sec. 9542. Purpose. Sec. 9543. Definitions. Sec. 9544. Applicability. Sec. 9545. Preemption and election of State nonapplicability. Sec. 9546. Limitation on liability for teachers. Sec. 9547. Allocation of responsibility for noneconomic loss. Sec. 9548. Effective date. Subpart 4—Internet safety Sec. 9551. Internet safety. Subpart 5—Gun Possession Sec. 9561. Gun-free requirements. Subpart 6—Environmental Tobacco Smoke Sec. 9571. Short title. Sec. 9572. Definitions. Sec. 9573. Nonsmoking policy for children's services. Sec. 9574. Preemption. Part F—Evaluations Sec. 9601. Evaluations. Part G—Approval and disapproval of State plans and local applications Sec. 9701. Approval and disapproval of State plans. Sec. 9702. Approval and disapproval of local educational agency applications. . I Improving basic programs operated by State and local educational agencies 101. Statement of purpose Section 1001 (20 U.S.C. 6301) is amended to read as follows: 1001. Statement of purpose The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to receive a high-quality education that prepares them for postsecondary education or the workforce, without the need for remediation, and to close the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers. . 102. Authorization of appropriations Section 1002 ( 20 U.S.C. 6302 1002. Authorization of appropriations (a) Local educational agency grants For the purpose of carrying out part A, there are authorized to be appropriated $14,974,091,000 for each of fiscal years 2014 through 2018. (b) State assessments For the purpose of carrying out part B, there are authorized to be appropriated $368,900,000 for each of fiscal years 2014 through 2018. (c) Education of migratory children For the purpose of carrying out part C, there are authorized to be appropriated $372,751,000 for each of fiscal years 2014 through 2018. (d) Prevention and intervention programs for youth who are neglected, delinquent, or at risk For the purpose of carrying out part D, there are authorized to be appropriated $47,614,000 for each of fiscal years 2014 through 2018. (e) Federal activities For the purpose of carrying out section 1501, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2014 through 2018. . 103. School improvement and State administration The Act ( 20 U.S.C. 6301 et seq. (1) by striking section 1003; (2) by redesignating section 1004 as section 1003; and (3) in section 1003, as redesignated by paragraph (2)— (A) in subsection (a), by striking subsection (b) subsections (b) and (c) (B) by adding at the end the following: (c) Technical assistance and support (1) In general Each State may reserve not more than 4 percent of the amount the State receives under subpart 2 of part A for a fiscal year to carry out paragraph (2) and to carry out the State educational agencies responsibilities under section 1114(a), including carrying out the State educational agency's statewide system of technical assistance and support for local educational agencies. (2) Uses Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency— (A) shall allocate not less than 95 percent of the amount directly to local educational agencies for schools identified by the State under section 1114(a)(1)(B), for activities under section 1114(b); or (B) may, with the approval of the local educational agency, directly provide for such activities or arrange for their provision through other entities, such as school support teams or educational service agencies. . 104. Basic program requirements Subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. (1) by striking sections 1111 through 1117 and inserting the following: 1111. State plans (a) Plans required (1) In general For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators, other staff, and parents, that satisfies the requirements of this section. (2) Consolidated plan A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 9302. (3) Peer review and secretarial approval (A) In general The Secretary shall— (i) establish a peer-review process to assist in the review of State plans; (ii) establish multidisciplinary peer review teams and appoint their members, including representatives of teachers, State educational agencies, local educational agencies, and those with practical experience in implementing academic standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students; and (iii) approve a State plan within 45 days of its submission unless the Secretary presents a body of substantial, high-quality education research that clearly demonstrates that the State's plan does not meet the requirements of this section and is likely to be ineffective or is inappropriate for its intended purposes. (B) Purpose of peer review The peer review process shall be designed to— (i) promote effective implementation of State-developed challenging academic standards through State and local innovation; and (ii) provide transparent feedback to States designed to strengthen the States' plans. (C) Standard and nature of review Peer reviewers shall conduct a good faith review of State plans in their totality and in deference to State and local judgments, with the goal of promoting State- and local-led innovation. (4) State plan determination, demonstration, and revision If the Secretary determines that the State plan does not meet the requirements of this subsection or subsection (b) or (c), the Secretary shall, prior to declining to approve a State plan— (A) immediately notify the State of such determination; (B) provide a detailed description of the specific requirements of this subsection or subsection (b) or (c) of the State plan that the Secretary determines fails to meet such requirements; (C) offer the State an opportunity to revise and resubmit its plan within 60 days of such determination; (D) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of this subsection or subsection (b) or (c); and (E) conduct a public hearing within 30 days of such resubmission, with public notice provided not less than 15 days before such hearing. (5) State plan disapproval The Secretary shall have the authority to disapprove a State plan if the State has been notified and offered an opportunity to revise and submit with technical assistance under paragraph (4), and— (A) the State does not revise and resubmit its plan; or (B) the State revises and resubmits a plan that the Secretary determines does not meet the requirements of this part after a hearing conducted under paragraph (4)(E). (6) Limitations The Secretary shall not have the authority to require a State, as a condition of approval of the State plan, to— (A) include in, or delete from, such plan 1 or more specific elements of the State’s academic content standards or academic achievement standards; (B) use specific academic assessment instruments or items; (C) include in, or delete from, such a plan any criterion that specifies, defines, or prescribes the standards or measures that State or local educational agencies use to establish, implement, or improve— (i) State standards; (ii) assessments; (iii) State accountability systems; (iv) systems that measure student growth; (v) measures of other academic indicators; or (vi) teacher and principal evaluation systems; or (D) require the collection, publication, or transmission to the Department of individual student data that is not expressly required to be collected under this Act. (7) Public review All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public through the Department website, including— (A) plans submitted or resubmitted by a State; (B) peer review comments; (C) State plan determinations by the Secretary, including approvals or disapprovals; and (D) public hearings under this section. (8) Duration of the plan (A) In general Each State plan shall— (i) remain in effect for the duration of the State’s participation under this part; and (ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this part. (B) Additional information A State shall notify the Secretary if a State makes significant changes to its plan, such as the adoption of new State academic content standards, State academic achievement standards, new academic assessments, or changes to its accountability system under subsection (b)(3). (9) Failure to meet requirements If a State fails to meet any of the requirements of this section, then the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. (b) Academic standards, academic assessments, and State accountability systems (1) Challenging state academic standards (A) In general Each State shall provide an assurance that the State has adopted challenging academic content standards and student academic achievement standards that will be used by the State, its local educational agencies, and its schools to carry out this part. (B) Same standards The standards required by subparagraph (A) shall be the same standards that the State applies to all public schools and public school children in the State. (C) Subjects The State shall have such standards in mathematics, reading or language arts, and science, and any other subjects as determined by the State, which shall include the same knowledge, skills, and levels of achievement expected of all children in the State. (D) Alignment Each State shall provide an assurance to the Secretary that the State’s challenging academic content standards are aligned with— (i) entrance requirements, without the need for academic remediation, for an institution of higher education in the State; and (ii) State performance measures identified in the State plan under section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006. (E) Alternate academic achievement standards Notwithstanding any other provision of this paragraph, a State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities who take an alternate assessment, provided those standards— (i) are aligned with the State’s challenging academic content standards under subparagraph (A); (ii) promote access to the general curriculum; and (iii) reflect professional judgment of the highest achievement standards attainable by those students. (F) Modified academic achievement standards Notwithstanding any other provision of this paragraph, a State may, through a documented and validated standards-setting process, adopt modified academic achievement standards for students who have disabilities that preclude them from meeting State student achievement standards within the academic year covered by a student’s individualized education program under section 614(d) of the Individuals with Disabilities Education Act, provided those standards— (i) are aligned with the State’s challenging academic content standards under subparagraph (A) for the grade in which the student is enrolled; and (ii) are challenging for such eligible students, but may be less difficult than the grade-level academic achievement standards under this section. (G) English language proficiency standards Each State plan shall provide an assurance that the State has adopted English language proficiency standards that are aligned with the State’s challenging academic content standards under subparagraph (A). Such standards shall— (i) ensure proficiency in each of the domains of speaking, listening, reading, and writing; (ii) address the different proficiency levels of English language learners; and (iii) be aligned with the State’s academic content standards in reading or language arts so that achieving proficiency against the State’s English language proficiency standards indicates a sufficient knowledge of English to measure validly and reliably the student’s achievement on the State’s reading or language arts standards. (H) Prohibitions (i) Standards review or approval A State shall not be required to submit any standards developed under this subsection for academic content or student academic achievement to the Secretary for review or approval. (ii) Federal control The Secretary shall not have the authority to mandate, direct, control, or exercise any direction or supervision over the academic content standards or academic achievement standards adopted or implemented by a State. (I) Existing standards Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before or after the date of enactment of the Every Child Ready for College or Career Act of 2013. (2) Academic assessments (A) In general Each State plan shall provide an assurance that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics and reading or language arts that will be used as the primary means of determining the yearly performance of each school in the State in enabling all children to meet the State’s challenging student academic achievement standards. (B) Requirements Each State plan shall provide an assurance that such assessments— (i) are the same academic assessments used to measure the achievement of all students; (ii) are aligned with the State’s challenging academic content and student academic achievement standards, and provide coherent information about student attainment of such standards; (iii) are used for purposes for which such assessments are valid and reliable, be of adequate technical quality for each purpose required under this Act, and be consistent with relevant, nationally recognized professional and technical standards; (iv) (I) measure the annual academic achievement of all students against the State’s challenging academic achievement standards in mathematics and reading or language arts, and be administered— (aa) in each of grades 3 through 8; and (bb) at least once in grades 9 through 12; and (II) measure the academic achievement of all students against the State’s challenging academic achievement standards in science, and be administered not less than one time, during— (aa) grades 3 through 5; (bb) grades 6 through 8; and (cc) grades 9 through 12; (v) involve multiple up-to-date measures of student academic achievement; (vi) provide for— (I) the participation in such assessments of all students; (II) the reasonable adaptations and accommodations for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act) necessary to measure the academic achievement of such children relative to State academic content and student academic achievement standards; (III) alternate assessments aligned with grade-level academic content and academic achievement standards, unless the State develops alternate assessments aligned with— (aa) alternate academic achievement standards, consistent with subparagraph (C), for students with the most significant cognitive disabilities; or (bb) modified academic achievement standards consistent with subparagraph (C); and (IV) the inclusion of English language learners, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under paragraph (1)(G); (vii) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), that allow parents, teachers, and principals to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments, and that are provided to parents, teachers, and principals in a timely manner after the assessment is given, in an understandable and uniform format; and (viii) enable results to be disaggregated within each State, local educational agency, and school, by— (I) each major racial and ethnic group; (II) economically disadvantaged students as compared to students who are not economically disadvantaged; (III) students with disabilities as compared to nondisabled students; (IV) English proficiency status; (V) gender; and (VI) migrant status. (C) Students with disabilities (i) Alternate standards A State may provide for alternate assessments aligned with alternate academic achievement standards for students with the most significant cognitive disabilities, if the State— (I) establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) (referred to in this section as IEP Teams (II) ensures that the parents of those students are informed that their child’s academic achievement will be based on alternate academic achievement standards; (III) documents that students with the most significant cognitive disabilities are, to the extent practicable, included in the general curriculum, and in assessments aligned with that curriculum; (IV) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with disabilities who are tested against academic achievement standards for the grade in which a student is enrolled; and (V) ensures that regular and special education teachers and other appropriate staff know how to administer assessments, including making appropriate use of accommodations, for students with disabilities. (ii) Modified standards A State may assess students with disabilities based on modified academic achievement standards, if the State— (I) establishes and ensures implementation of clear and appropriate guidelines for IEP Teams to apply in determining which students with disabilities are eligible to be assessed based on modified academic achievement standards, which criteria, at a minimum, shall include— (aa) whether the student’s disability has precluded the student from achieving grade-level proficiency, as demonstrated by objective evidence, such as the student’s performance on the State’s regular assessments or on other assessments that can validly demonstrate academic achievement; and (bb) whether the student’s progress in response to appropriate instruction, including special education and related services designed to address the student’s individual needs, is such that, even if significant growth occurs, the IEP Team is reasonably certain that the student will not achieve to grade-level within the year covered by the IEP, which progress shall be based on multiple measurements, over a period of time, that are valid for the subjects being assessed; (II) ensures that, if a student’s IEP includes goals for a subject assessed based on modified academic achievement standards, those goals are based on academic content standards for the grade in which the student is enrolled; (III) ensures that parents of students with disabilities who are assessed against modified academic achievement standards are informed that their child’s achievement will be measured based on modified academic achievement standards; (IV) ensures that the alternate assessment yields results that measure the achievement of those students separately in reading or language arts, mathematics, and science relative to the modified academic achievement standards; (V) ensures that students who are assessed based on modified academic achievement standards have access to the curriculum, including instruction, for the grade in which the students are enrolled; and (VI) establishes and monitors implementation of clear and appropriate guidelines for IEP Teams to apply in developing and implementing IEPs for students who are assessed based on modified academic achievement standards. (D) Language assessments Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population and indicate the languages for which yearly student academic assessments are not available and are needed, and such State shall make every effort to develop such assessments as are necessary. (E) Assessments of english language proficiency Each State plan shall provide an assurance that local educational agencies in the State will provide for an annual assessment of English proficiency (measuring students’ speaking, listening, reading, and writing skills in English) of all English language learners in the schools served by the State educational agency, except that each local educational agency shall have discretion to exempt any student who has been assessed as proficient in listening, speaking, reading, or writing English from the corresponding portion of the assessment. (F) Deferral A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $368,900,000. (G) Construction Nothing in this paragraph shall be construed to prescribe or prohibit the use of the academic assessments described in this part for student promotion or graduation purposes. (3) State accountability system (A) In general Each State plan shall provide an assurance that the State has developed and is implementing a single, statewide State accountability system that will be based on the challenging academic content standards and student academic achievement standards adopted by the State, and other academic indicators related to student achievement identified by the State, to ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for remediation and that, at a minimum— (i) annually measures academic achievement of all public school students in the State towards meeting the State’s challenging academic achievement standards established by the State in mathematics and reading or language arts, which may include measures of student growth to such standards and any other valid and reliable academic indicators related to student achievement; (ii) establishes a system of annually identifying and differentiating among all public schools in the State based on student academic achievement and any other factors determined appropriate by the State and also takes into account— (I) achievement gaps between each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii); (II) overall performance of all students and of each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii); and (III) secondary school graduation rates, as appropriate; (iii) for public schools participating under this part, includes a system for annually— (I) identifying such schools that are in need of strategies for improving student academic achievement and any other measures determined appropriate by the State; and (II) providing assistance to local educational agencies to develop and implement appropriate strategies for improving identified schools; (iv) provides a clear and understandable explanation of the method of identifying schools under clause (iii); (v) measures the annual progress of not less than 95 percent of each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii) who are enrolled in the school and are required to take the assessments under paragraph (2); and (vi) measures the high school graduation rate for each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii). (B) Prohibition on regulation Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes the standards or measures that State or local educational agencies use to establish, implement, or improve— (i) State standards; (ii) assessments; (iii) State accountability systems; (iv) systems that measure student growth; (v) measures of other academic indicators; or (vi) teacher and principal evaluation systems. (c) Provisions To support teaching and learning Each State plan shall provide an assurance that— (1) the State will notify local educational agencies, schools, teachers, parents, and the public of the academic content standards, student academic achievement standards, academic assessments, and State accountability system, developed under this section; (2) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part; and (3) low-income and minority children, enrolled in schools assisted under this part, are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects, and the State shall adopt measures to evaluate and publicly report the progress of the State educational agency with respect to such steps. (d) Other assurances Each State plan shall contain an assurance that— (1) the State will participate in biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; (2) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements; (3) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices; (4) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part; (5) the State educational agency will ensure that local educational agencies, to the extent feasible, in developing and implementing programs under this part, will work in consultation with outside intermediary organizations or individuals who have expertise in using strategies and programs based on scientifically valid research to improve teaching, learning, and schools; and (6) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process. (e) Reports (1) Annual state report card (A) In general A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card. (B) Implementation The State report card shall be— (i) concise; and (ii) presented in an understandable and uniform format. (C) Required information The State shall include in its annual State report card— (i) information, in the aggregate, on student achievement on the State academic assessments described in subsection (b)(2) (disaggregated by each category of students described in subsection (b)(2)(B)(viii)); (ii) the percentage of students tested (disaggregated by each category of students described in subsection (b)(2)(B)(viii)); (iii) information on any other indicator used by the State to determine student achievement under subsection (b)(3) (disaggregated by each category of students described in subsection (b)(2)(B)(viii)); (iv) graduation rates for secondary school students consistent with subsection (b)(3)(A)(vi); (v) the professional qualifications of teachers in the State and the percentage of such teachers teaching with emergency or provisional credentials, in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in the top quartile of poverty and the bottom quartile of poverty in the State; (vi) information on the performance of local educational agencies and schools in the State; and (vii) for a State that implements a teacher and principal evaluation system consistent with title II, the evaluation results of teachers and principals, except that such information shall not provide individually identifiable information on individual teachers or principals. (D) Financial information The State shall include in its annual State report card the per-pupil expenditures of Federal, State, and local funds for each local educational agency in the State for the preceding fiscal year. (E) Optional information The State may include in its annual State report card such other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public schools. (2) Annual local educational agency report cards (A) Report cards A local educational agency that receives assistance under this part shall prepare and disseminate, in accordance with subparagraph (E), an annual local educational agency report card. (B) Minimum requirements The local educational agency shall include in its report card the information described in paragraph (1)(C) as applied to the local educational agency and each school served by the local educational agency, and— (i) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the statewide academic assessment compared to students in the State as a whole; and (ii) in the case of a school, information that shows how the school’s students’ achievement on the statewide academic assessments compared to students in the local educational agency and the State as a whole. (C) Financial information The local educational agency shall include in its annual local educational agency report card the per-pupil expenditures of Federal, State, and local funds for each school served by the agency for the preceding fiscal year. (D) Other information A local educational agency may include in its annual local educational agency report card any other appropriate information, whether or not such information is included in the annual State report card. (E) Public dissemination (i) In general Except as provided in clause (ii), a local educational agency shall— (I) publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending such schools in an understandable and uniform format; and (II) make the information widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies. (ii) Exception If a local educational agency issues a report card for all students, the local educational agency may include the information described in this paragraph as part of such report. (3) Preexisting report cards A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Every Child Ready for College or Career Act of 2013 (4) Annual State report to the secretary Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on the achievement of students on the academic assessments required under subsection (b)(2), including the disaggregated results for each category of students described in subsection (b)(2)(B)(viii); (B) information on the acquisition of English proficiency by children who are English language learners; (C) the number and names of the schools identified under section 1114(a)(1)(B), and the school assistance strategies developed and implemented by the local educational agency under section 1114(b) to address the needs of students in each school; (D) the number of students and schools that participated in public school choice under this title; (E) (i) information on the quality and effectiveness of teachers; and (ii) the percentage of classes being taught by teachers who are licensed or certified to teach in their field of study, for the State and for each local educational agency and public elementary school or secondary school in the State; and (F) information on the results of the teacher and principal evaluation system, as applicable. (5) Presentation of data (A) In general A State educational agency or local educational agency shall only include in its annual report card described under paragraphs (1) and (2) data that are sufficient to yield statistically reliable information, as determined by the State or local educational agency, and that do not reveal personally identifiable information about an individual student. (B) Student privacy Subject to section 444 of the General Education Provisions Act and notwithstanding section 444(b)(1)(F) of such Act, student educational records and information shall not be shared without the informed explicit consent of the student’s legal guardian or if the student has reached the age of majority, the student, with any— (i) individual or governmental entity outside of the school; (ii) local educational agency or State educational agency; and (iii) third party contractor, such as a researcher or private or nonprofit non-governmental organization, including third party assessment and testing organizations. (C) Exception Notwithstanding subparagraph (B), the sharing of educational records and information shall be permissible— (i) in an emergency situation; and (ii) in the case where the student does not currently have a recognized legal guardian or is part of a court proceeding regarding child abuse or neglect. (6) Report to congress The Secretary shall transmit annually to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that provides national and State level data on the information collected under paragraph (4). Such report shall be submitted through electronic means only. (7) Secretary’s report card (A) In general Not later than July 1, 2015, and annually thereafter, the Secretary shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a national report card on the status of elementary and secondary education in the United States. Such report shall— (i) analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports; (ii) analyze data from the National Assessment of Educational Progress and comparable international assessments; (iii) identify trends in student achievement, student performance, and secondary school graduation rates, by analyzing and reporting on the status and performance of students, disaggregated by each category of students described in subsection (b)(2)(B)(viii); (iv) analyze data on Federal, State, and local expenditures on education, including per-pupil spending, teacher salaries and pension obligations, school level spending, and other financial data publicly available, and report on current trends and major findings; and (v) analyze information on the teaching and principal profession, including education and training, retention and mobility, and effectiveness in improving student achievement. (B) Special rule The information used to prepare the report described in subparagraph (A) shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. (f) Voluntary partnerships (1) In general Nothing in this section shall be construed to prohibit a State from entering into a voluntary partnership with another State to develop and implement the academic assessments, State academic content standards, and accountability systems required under this section. (2) Prohibition The Secretary shall be prohibited from requiring a State to enter into a voluntary partnership described in paragraph (1), including as a condition of approval of a State plan under this section or as a condition of an award of Federal funds under any grant, contract, or cooperative agreement. (g) Special rule with respect to bureau-Funded schools In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of the Interior that receives funds under this part, the following shall apply: (1) Each such school that is accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. (2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment in consultation with, and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. (3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of this section. 1112. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is developed in consultation with teachers, principals, administrators (including administrators of programs described in other parts of this title), other appropriate school personnel, and with parents of children in schools served under this part, that satisfies the requirements of this section. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 9305. (3) State review and approval (A) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (B) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan satisfies the requirements of this part and enables children served under this part to meet the State’s challenging academic standards described in section 1111(b)(1). (4) Duration Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Every Child Ready for College or Career Act of 2013 (5) Review Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part. (b) Plan provisions To ensure that all children receive a high-quality education that prepares them for postsecondary education and the workforce without the need for academic remediation, and to close the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers, each local educational agency plan shall describe— (1) how the local educational agency will work with each of the schools served by the agency so that students meet the State’s challenging academic standards by— (A) developing and implementing a comprehensive program of instruction to meet the academic needs of all students; (B) identifying quickly and effectively students who may be at risk for academic failure; (C) providing additional educational assistance to individual students determined as needing help in meeting the State’s challenging academic achievement standards; (D) identifying significant gaps in student academic achievement between each category of students described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii) and develop strategies to reduce such gaps in achievement; and (E) identifying and implementing effective methods and instructional strategies that are based on scientifically valid research intended to strengthen the core academic program of the school; (2) how the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement, especially for students not meeting the State's challenging academic achievement standards; (3) (A) how the local educational agency will meet the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals; and (B) how the local educational agency, through incentives for voluntary transfers, recruitment programs, incentive pay, performance- or merit-based pay systems, or other effective strategies, will identify and address any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, out-of-field, or inexperienced teachers; (4) the actions the local educational agency will take to assist schools identified under section 1114(a)(1)(B) and other schools also determined by the local educational agency to be in need of assistance to improve student academic achievement, and the funds used to conduct such actions; (5) the programs to be conducted by such agency’s schools under section 1113, and where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs; (6) the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(a)(3)(C)(i); (7) the strategy the local educational agency will use to implement effective parental involvement under section 1118; (8) how the local educational agency will coordinate and integrate services provided under this part with preschool educational services at the local educational agency or individual school level, including plans for the transition of participants in such programs to local elementary school programs, and, if appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating in a Head Start program, which may be provided directly by the local educational agency or through a subcontract with the local Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable public early childhood development program; (9) how the local educational agency will coordinate programs and integrate services under this part with other Federal, State, and local services and programs; and (10) how teachers, in consultation with parents, administrators, and pupil services personnel, in targeted assistance schools under section 1113, will identify the eligible children most in need of services under this part. (c) Assurances Each local educational agency plan shall provide assurances that the local educational agency will— (1) ensure that the results from the academic assessments required under section 1111(b)(2) will be provided to parents and teachers as soon as is practicably possible after the test is taken; (2) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (3) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services; and (4) participate, if selected, in the National Assessment of Educational Progress in 4th and 8th grade reading and mathematics carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act. (d) Schoolwide program plans In addition to the plan requirements described in subsection (c), for schools operating a schoolwide program under section 1113(b)(2), the plan shall also include— (1) a description of schoolwide reform strategies that— (A) provide opportunities for all children to meet the State’s challenging academic achievement standards under section 1111(b); (B) use effective methods and instructional strategies that are based on scientifically valid research that— (i) strengthen the core academic program in the school; and (ii) increase the amount and quality of learning time and help provide an enriched and accelerated curriculum; and (C) address the academic and other support needs of all children in the school; (2) a list of State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program; and (3) if appropriate, a description of how funds will be used to establish or enhance prekindergarten programs for children below the age of 6. (e) Targeted assistance school plans In addition to the plan requirements described in subsection (c), for schools operating a targeted assistance program under section 1113(b)(3), the plan shall also include— (1) a description of— (A) the process for determining which students will be served and the students to be served; (B) the assistance that will be provided to such students; and (C) how the activities supported under this part will be coordinated with and incorporated into the regular education program of the school; and (2) assurances that the school will— (A) help provide an accelerated, high-quality curriculum; (B) minimize removing children from the regular classroom during regular school hours for instruction provided under this part; and (C) on an ongoing basis, review the progress of participating children and revise the plan under this section, if necessary, to provide additional assistance to enable such children to meet the State’s challenging academic achievement standards. (f) Parents right-to-Know (1) Teacher qualifications (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including, at a minimum, the following: (i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. (ii) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. (iii) Whether the child is provided services by paraprofessionals and, if so, whether each such paraprofessional meets the qualifications required under section 1119. (B) Additional information In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent— (i) information on the level of achievement of the parent’s child in each of the State academic assessments as required under this part; and (ii) timely notice that the parent’s child has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements. (2) Language instruction (A) Notice Each local educational agency using funds under this part to provide a language instruction educational program as determined under title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of an English language learner identified for participation or participating in such a program of— (i) the reasons for the identification of their child as an English language learner and in need of placement in a language instruction educational program; (ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (iii) the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (iv) how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child; (v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; (vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English language learners, and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools; (vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(a)(1)(D) of the Individuals with Disabilities Education Act; and (viii) information pertaining to parental rights that includes written guidance— (I) detailing— (aa) the right that parents have to have their child immediately removed from such program upon their request; and (bb) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (II) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. (B) Special rule applicable during the school year For those children who have not been identified as English language learners prior to the beginning of the school year but are identified as English language learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A). (C) Parental participation Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English language learners to inform the parents regarding how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet challenging State academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part. (D) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. (3) Format The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. 1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs (a) Eligible school attendance areas (1) Determination (A) In general A local educational agency shall use funds received under this part only in eligible school attendance areas. (B) Eligible school attendance areas In this part— (i) the term school attendance area (ii) the term eligible school attendance area (C) Ranking order If funds allocated in accordance with paragraph (3) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order. (D) Remaining funds If funds remain after serving all eligible school attendance areas under subparagraph (C), a local educational agency shall— (i) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. (E) Measures The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (i) to identify eligible school attendance areas; (ii) to determine the ranking of each area; and (iii) to determine allocations under paragraph (3). (F) Exception This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. (G) Waiver for desegregation plans The Secretary may approve a local educational agency’s written request for a waiver of the requirements of this paragraph and paragraph (3) and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if— (i) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and (ii) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. (2) Local educational agency discretion (A) In general Notwithstanding paragraph (1)(B), a local educational agency may— (i) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; (ii) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency; (iii) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and (iv) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if— (I) the school meets the comparability requirements of section 1120A(b); (II) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of this section; and (III) the funds expended from such other sources equal or exceed the amount that would be provided under this part. (B) Special rule Notwithstanding subparagraph (A)(iv), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). (3) Allocations (A) In general A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under paragraphs (1) and (2) in rank order, on the basis of the total number of children from low-income families in each area or school. (B) Special rule (i) In general Except as provided in clause (ii), the per-pupil amount of funds allocated to each school attendance area or school under subparagraph (A) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this clause shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater. (ii) Exception A local educational agency may reduce the amount of funds allocated under clause (i) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of this section. (C) Reservation A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— (i) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children may live; (ii) children in local institutions for neglected children; and (iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs. (b) Schoolwide programs and targeted assistance schools (1) In general For each school that will receive funds under this part, the local educational agency shall determine whether the school operates as a schoolwide program consistent with paragraph (2) or a targeted assistance school consistent with paragraph (3). (2) Schoolwide programs (A) In general A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families. (B) Identification of students not required (i) In general No school participating in a schoolwide program shall be required— (I) to identify particular children under this part as eligible to participate in a schoolwide program; or (II) to provide services to such children that are supplementary, as otherwise required by section 1120A(a). (ii) Supplemental funds A school participating in a schoolwide program shall use funds available to carry out this paragraph only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English language learners. (C) Exemption from statutory and regulatory requirements (i) Exemption The Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met. (ii) Requirements A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. (iii) Records A school that consolidates and uses funds from different Federal programs under this paragraph shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. (D) Prekindergarten program A school that is eligible for a schoolwide program under this paragraph may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6. (3) Targeted assistance schools (A) In general In all schools selected to receive funds under subsection (a)(3) that are ineligible for a schoolwide program under paragraph (2), or that choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subparagraph (B) identified as having the greatest need for special assistance. (B) Eligible children (i) Eligible population (I) In general The eligible population for services under this section is— (aa) children not older than age 21 who are entitled to a free public education through grade 12; and (bb) children who are not yet at a grade level at which the local educational agency provides a free public education. (II) Eligible children from eligible population From the population described in subclause (I), eligible children are children identified by the school as failing, or most at risk of failing, to meet the State’s challenging student academic achievement standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school. (ii) Children included (I) In general Children who are economically disadvantaged, children with disabilities, migrant children, or children who are English language learners, are eligible for services under this part on the same basis as other children selected to receive services under this part. (II) Head start and preschool children A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, or in preschool services under this title, is eligible for services under this part. (III) Migrant children A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this part. (IV) Neglected or delinquent children A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this part. (V) Homeless children A child who is homeless and attending any school served by the local educational agency is eligible for services under this part. (iii) Special rule Funds received under this part may not be used to provide services that are otherwise required by law to be made available to children described in clause (ii) but may be used to coordinate or supplement such services. (C) Integration of professional development To promote the integration of staff supported with funds under this part into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this part may— (i) participate in general professional development and school planning activities; and (ii) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school. (D) Special rules (i) Simultaneous service Nothing in this paragraph shall be construed to prohibit a school from serving students under this paragraph simultaneously with students with similar educational needs, in the same educational settings where appropriate. (ii) Comprehensive services If health, nutrition, and other social services are not otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in a comprehensive needs assessment and established a collaborative partnership with local service providers and funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this part may be used as a last resort to provide such services, including— (I) the provision of basic medical equipment, such as eyeglasses and hearing aids; (II) compensation of a coordinator; and (III) professional development necessary to assist teachers, pupil services personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children. 1114. School identification and assistance (a) State review and responsibilities (1) In general Each State educational agency receiving funds under this part shall use a system designed by the State in accordance with section 1111(b)(3)(A) to annually— (A) review the academic performance of each public school in the State to measure the progress of each public school served under this part in meeting the State’s challenging academic standards and any other measures determined appropriate by the State, by using— (i) the State academic assessments described in section 1111(b)(2); (ii) secondary school graduation rates, as appropriate; and (iii) other indicators determined by the State; and (B) identify the public schools that receive funds under this part and are in need of assistance for improving student academic achievement and any other measures determined appropriate by the State. (2) State educational agency responsibilities The State educational agency shall— (A) make technical assistance available to local educational agencies that serve schools identified under paragraph (1)(B); (B) if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this section, take such actions as the State educational agency determines to be appropriate and in compliance with State law; and (C) inform local educational agencies of schools identified under subparagraph (1)(B) in a timely manner that is before the beginning of the school year. (b) Local educational agency review and responsibilities (1) In general Each local educational agency with a school identified under subsection (a)(1)(B) shall, in consultation with school personnel, parents, and the local community— (A) conduct a review of such school and student achievement data, including data from the State assessments described in section 1111(b)(2), to determine the factors that led to such identification; (B) conduct a review of the policies, procedures, personnel decisions, and budgetary decisions of the local educational agency and the school that impact the school and could have contributed to the identification of the school; (C) develop appropriate strategies, as described under paragraph (3), for assisting the identified school; and (D) develop a comprehensive plan for the successful implementation of the assistance strategies, including— (i) technical assistance that will be provided to the school; (ii) improved delivery of services to be provided by the local educational agency; (iii) curriculum, program of instruction, or other services provided to students in the school; and (iv) any changes to personnel necessary to improve educational opportunities for children in the school. (2) Notice to parents A local educational agency shall promptly provide to a parent or parents of each student enrolled in a school identified under subsection (a)(1)(B)— (A) an explanation of what the identification means, and how the school compares in terms of academic achievement to other schools served by the local educational agency and the State educational agency involved; (B) the reasons for the identification; (C) an explanation of what the local educational agency or State educational agency is doing to help the school address the student academic achievement problem, including a description of the assistance strategies developed under paragraph (1)(C) that will be implemented in the school; (D) an explanation of how the parents can become involved in addressing the academic achievement issues that caused the school to be identified; and (E) an explanation of the parents’ option to transfer their child to another public school under paragraph (4), if applicable. (3) School assistance strategies (A) In general Consistent with subsection (a)(1) and paragraph (1), a local educational agency shall develop assistance strategies for an identified school, which may include, among other strategies— (i) replacing the principal who led the school before implementation of the strategy; (ii) screening and replacing teachers that are not effective in improving student achievement, as determined by the State or local educational agency; (iii) giving the school sufficient operational flexibility in programming, staffing, budgeting, and scheduling to fully implement a comprehensive strategy that is designed to substantially improve student achievement and, if applicable, increase the graduation rate; (iv) providing ongoing, high-quality professional development to instructional staff that is aligned with the school’s instructional program, facilitates effective teaching and learning, and supports the implementation of school turnaround model; (v) implementing strategies, such as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions, that are designed to recruit, place, and retain staff with the skills that are necessary to meet the needs of the students in the school; (vi) using data to identify and implement a research-based instructional program that is aligned with the State's challenging academic standards or to inform and differentiate instruction in order to meet the academic needs of individual students; (vii) converting a school or closing and reopening the school— (I) under a charter school operator, a charter management organization, an education management organization, as a magnet school, or as an innovative school as defined under State law; and (II) enrolling in the school, within the grades it serves, any former student from the identified school who wishes to attend the school; (viii) closing a school and enrolling the students who attended that school in other schools of the local educational agency that are higher performing; (ix) adopting a new governance structure for the school; and (x) any other strategies and activities that the local educational agency deems appropriate to address the needs of students in identified schools. (B) State determined strategies Consistent with State law, a State educational agency may establish alternative State determined strategies that can be used by local educational agencies to assist a school identified under subsection (a)(1)(B), in addition to the assistance strategies developed by a local educational agency under subparagraph (A). (4) Public school choice (A) In general In addition to the assistance strategies developed under paragraph (3)(A), a local educational agency may, not later than 3 months before the first day of the school year following identification under subsection (a)(1)(B), provide all students enrolled in the identified school with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law. (B) Priority In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3). (C) Treatment Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. (D) Special rule A local educational agency shall permit a child who transfers to another public school under this paragraph to remain in that school until the child has completed the highest grade in that school. (E) Provision of transportation (i) In general Except as provided in clause (ii), a local educational agency shall provide, or shall pay for the provision of, transportation for a student who transfers under this paragraph to the public school to which the student transfers. (ii) Exception The obligation of a local educational agency to provide, or pay for the provision of, transportation for a student who transfers under this paragraph ends at the end of a school year if the local educational agency determines that the school from which the student transferred is no longer identified under subsection (a)(1)(B). 1115. Reserved 1116. Reserved 1117. Reserved ; and (2) by striking section 1119 and inserting the following: 1119. Qualifications for teachers and paraprofessionals (a) Teachers Each local educational agency receiving assistance under this part shall ensure that all teachers working in a program supported with funds under this part meet applicable State certification and licensure requirements. (b) Paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired after the date of enactment of the No Child Left Behind Act of 2001 ( Public Law 107–110 (A) completed not less than 2 years of study at an institution of higher education; (B) obtained an associate’s (or higher) degree; or (C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment— (i) knowledge of, and the ability to assist in, instructing, reading, writing, and mathematics; or (ii) knowledge of, and the ability to assist in, reading readiness, writing readiness, and mathematics readiness, as appropriate. (2) Clarification The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not sufficient to satisfy the requirements of paragraph (1)(C). (c) Exceptions for translation and parental involvement activities Subsection (b) shall not apply to a paraprofessional— (1) who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under this part by acting as a translator; or (2) whose duties consist solely of conducting parental involvement activities consistent with section 1118. (d) Duties of paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that a paraprofessional working in a program supported with funds under this part is not assigned a duty inconsistent with this subsection. (2) Limitations A paraprofessional described in paragraph (1) may only provide instructional service to a student under the direct supervision of a teacher or principal. (3) Responsibilities paraprofessionals may be assigned A paraprofessional described in paragraph (1) may be assigned— (A) to provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher; (B) to assist with classroom management, such as organizing instructional and other materials; (C) to provide assistance in a computer laboratory; (D) to conduct parental involvement activities; (E) to provide support in a library or media center; (F) to act as a translator; or (G) to provide instructional services to students in accordance with paragraph (2). . 105. Participation of children enrolled in private schools Section 1120(a) ( 20 U.S.C. 6320(a) (4) Expenditures (A) In general Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to the local educational agency based on the number of children from low-income families who attend private schools. (B) Term of determination The local educational agency may determine the equitable share each year or every 2 years. (C) Method of determination The proportional share of funds shall be determined— (i) based on the total allocation received by the local educational agency; and (ii) prior to any allowable expenditures or transfers by the local educational agency. . 106. Title I funds follow the low-income child State option Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) is amended by adding at the end the following: 1128. Title I funds follow the low-income child State option (a) In general Notwithstanding any other provision of law and to the extent permitted under State law, a State educational agency may allocate grant funds under this subpart among the local educational agencies in the State based on the number of eligible children enrolled in the public schools operated by each local educational agency. (b) Eligible child (1) Definition In this section, the term eligible child (2) Criteria of poverty In determining the families with incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (c) Student enrollment in public schools (1) Identification of eligible children On an annual basis, on a date to be determined by the State educational agency, each local educational agency that receives grant funding in accordance with subsection (a) shall inform the State educational agency of the number of eligible children enrolled in public schools served by the local educational agency. (2) Allocation to local educational agencies Based on the identification of eligible children in paragraph (1), the State educational shall provide to a local educational agency an amount equal to the sum of the amount available for each eligible child in the State multiplied by the number of eligible children identified by the local educational agency under paragraph (1). (3) Distribution to schools Each local educational agency that receives funds under paragraph (2) shall distribute such funds to the public schools served by the local educational agency— (A) based on the number of eligible children enrolled in such schools; and (B) in a manner that would, in the absence of such Federal funds, supplement the funds made available from non-Federal resources for the education of pupils participating in programs under this part, and not to supplant such funds. . 107. Academic assessments Part B of title I ( 20 U.S.C. 6361 et seq. B Academic assessments 1201. Grants for State assessments and related activities The Secretary shall make grants to States to enable the States to carry out the following: (1) To pay the costs of the development of the additional State assessments and standards required by section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State. (2) If a State has developed the assessments required by section 1111(b), to administer those assessments or to carry out other activities described in this part and other activities related to ensuring that the State’s schools and local educational agencies are held accountable for results, such as the following: (A) Expanding the range of appropriate accommodations available to English language learners and students with disabilities to improve the rates of inclusion in regular assessments of such students, including professional development activities to improve the implementation of such accommodations in instructional practice. (B) Developing or improving assessments for students with disabilities, including the development of assessments— (i) for all students, including students with disabilities, using the principles of universal design; (ii) aligned to modified State content standards; and (iii) aligned to alternate State content standards for students with the most significant cognitive disabilities. (C) Developing challenging academic content and student academic achievement standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b). (D) Developing or improving assessments of English language proficiency necessary to comply with section 1111(b)(2)(B)(vi)(IV). (E) Ensuring the continued validity and reliability of State assessments. (F) Refining State assessments to ensure their continued alignment with the State’s academic content standards and to improve the alignment of curricula and instructional materials. 1202. Grants for enhanced assessment instruments (a) Grant program authorized (1) In general From funds made available to carry out this part, the Secretary shall award, on a competitive basis, grants to State educational agencies to enable the agencies to carry out the activities described in this section. (2) Application A State educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Award of grants The Secretary shall award grants to State educational agencies whose applications demonstrate, to the satisfaction of the Secretary, that the following requirements of this section will be met: (A) Developing or improving assessments for students with disabilities, including the development of assessments— (i) for all students, including students with disabilities, using the principles of universal design; (ii) aligned to modified State content standards; and (iii) aligned to alternate State content standards for students with the most significant cognitive disabilities. (B) Collaborating with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments. (C) Measuring student academic achievement using multiple measures of student academic achievement from multiple sources. (D) Measuring student progress or academic growth over time. (E) Evaluating student academic achievement through the development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments. (F) Developing or improving the quality, validity, and reliability of assessments for English language learners, including alternative assessments aligned with State content standards, testing accommodations for English language learners, and assessments of English language proficiency. (b) Annual report Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing its activities, and the result of those activities, under the grant. 1203. Funding (a) Allotment of appropriated funds (1) In general From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in section 1111(b)(2)(F) (referred to in this subsection as the trigger amount (A) reserve 1/2 (B) reserve 1/2 (C) from the remainder, allocate to each State an amount equal to— (i) $3,000,000; and (ii) with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (2) Remainder Any amounts remaining for a fiscal year after the Secretary carries out paragraph (1) shall be made available as follows: (A) (i) To award funds under section 1202 to States according to the quality, needs, and scope of the State application under that section. (ii) In determining the grant amount under clause (i), the Secretary shall ensure that a State’s grant shall include an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (B) Any amounts remaining after the Secretary awards funds under subparagraph (A) shall be allocated to each State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to the total funds available under this subparagraph as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (3) Priority The Secretary shall give priority to States that propose to conduct activities consistent with section 1202(a)(3)(A). (b) State defined In this section, the term State . 108. Evaluations Section 1501 ( 20 U.S.C. 6491 (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking relative to the goal of all students reaching the proficient level of achievement based on State academic assessments, challenging State academic content standards, and challenging State student academic achievement standards under section 1111 so that all students are prepared to graduate from high school ready to enter postsecondary education or the workforce without the need for academic remediation (ii) by striking subparagraphs (D), (F), and (G); (iii) by redesignating subparagraphs (E), (H), (I), (J), (K), (L), (M), (N), and (O), as subparagraphs (D), (E), (F), (G), (H), (I), (J), (K), and (L), respectively; (iv) in subparagraph (D), as redesignated by clause (iii)— (I) in clause (iii), by adding and (II) in clause (iv), by striking ; and (III) by striking clause (v); (v) by striking subparagraph (F), as redesignated by clause (iii), and inserting the following: (F) The extent to which actions authorized under section 1114(b) are implemented by State educational agencies and local educational agencies to improve the academic achievement of students in low-performing schools, and the effectiveness of such actions, including the following: (i) The number of schools identified under section 1114(a)(1)(B) and the factors that lead to such identification. (ii) The assistance strategies designed and implemented by the State educational agency or the local educational agency and the impact of such strategies on improving student academic achievement and improving school performance. (iii) If applicable, the number of parents who take advantage of the public school choice provisions of this title, the costs (including transportation costs) associated with implementing these provisions, the implementation of these provisions, and the impact of these provisions (including the impact of attending another school) on student achievement. ; and (vi) in subparagraph (K), as redesignated by clause (iii), by striking section 1111(b)(2)(C)(v)(II) subclauses (I) through (IV) of section 1111(b)(2)(B)(viii) (B) in paragraph (6)— (i) in subparagraph (A), by striking the No Child Left Behind Act of 2001 the Every Child Ready for College or Career Act of 2013 (ii) in subparagraph (B), by striking the No Child Left Behind Act of 2001 the Every Child Ready for College or Career Act of 2013 (2) in subsection (c)(2)(E), by striking section 1116 section 1114(c) 109. Demonstrations of innovative practices Part E of title I ( 20 U.S.C. 6491 et seq. 110. General provisions Title I (20 U.S.C. 6301 et seq.) is amended— (1) by striking parts F, G, and H; (2) in section 1120A, by striking subsection (a) and redesignating subsections (b), (c), and (d), as subsections (a), (b), and (c); (3) by striking section 1908; (4) by redesignating part I as part F; (5) by redesignating sections 1901 through 1907 as sections 1601 through 1607; and (6) in section 1604, as redesignated by paragraph (5), by striking 6 local educational agencies 25 local educational agencies 111. National assessment of educational progress Section 305 of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9624 (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) State assessments For the purpose of administering the State assessments under this title, there are authorized to be appropriated $72,000,000 for each of fiscal years 2014 through 2018. . II High-quality teachers and principals 201. High-quality teachers and principals The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (1) by redesignating subpart 5 of part C of title II as subpart 3 of part E of title IX and moving that subpart to the end of part E of title IX; (2) by redesignating sections 2361 through 2368 as sections 9541 through 9548, respectively; (3) by striking the subpart heading of subpart 3 of part E of title IX, as redesignated by paragraph (1), and inserting the following: 3 Teacher liability protection ; (4) in section 9546(b), as redesignated by paragraph (2), by striking the matter following paragraph (2) and inserting the following: (3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. ; (5) by redesignating subpart 4 of part D of title II as subpart 4 of part E of title IX and moving that subpart to follow subpart 3 of part E of title IX, as redesignated by paragraph (1); (6) by redesignating section 2441 as section 9551; (7) by striking the subpart heading of subpart 4 of part E of title IX, as redesignated by paragraph (5), and inserting the following: 4 Internet safety ; and (8) by striking title II and inserting the following: II Preparing, training, and recruiting high-quality teachers and principals 2101. Purpose The purpose of this title is to improve student academic achievement by— (1) increasing the capacity of local educational agencies, schools, teachers, and principals to provide a well-rounded and complete education for all students; (2) improving teacher and principal quality and effectiveness; (3) increasing the number of teachers and principals who are effective in improving student academic achievement in schools; and (4) ensuring that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects. 2102. Definitions In this title: (1) Core academic subjects The term core academic subjects (2) State The term State 2103. Authorization of appropriations (a) Grants to States and local educational agencies There are authorized to be appropriated to carry out this title $3,045,058,000 for each of fiscal years 2014 through 2018. (b) National activities From amounts appropriated under subsection (a) for each fiscal year, the Secretary shall reserve not more than 5 percent to carry out activities authorized under section 2108. (c) Teacher incentive fund From amounts appropriated under subsection (a) for each fiscal year that remain after making the reservation under subsection (b), the Secretary shall reserve not less than 10 percent to carry out activities authorized under part B. A Fund for the improvement of teaching and learning 2104. Formula grants to States (a) Reservation of funds From the total amount appropriated under section 2103(a) for a fiscal year after the Secretary makes the reservations under subsections (b) and (c) of section 2103, the Secretary shall reserve— (1) 1/2 (2) 1/2 (b) State allotments (1) In general From the funds appropriated under section 2103(a) for a fiscal year that remains after the Secretary makes the reservations under paragraphs (1) and (2) and subsections (b) and (c) of section 2103, the Secretary shall allot to each State the sum of— (A) an amount that bears the same relationship to 20 percent of the remaining amount as the number of individuals age 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (B) an amount that bears the same relationship to 80 percent of the remaining amount as the number of individuals age 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (2) Exceptions (A) Small State minimum No State receiving an allotment under paragraph (1) may receive less than 1/2 (B) Reallotment If a State does not receive an allotment under this title for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c) State use of funds (1) In general Each State that receives an allotment under this section shall reserve not less than 95 percent of the amount allotted to such State under subsection (b), for each fiscal year, to make subgrants to local educational agencies as described in section 2105. (2) State administration A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this title. (3) State activities The State educational agency for a State that receives an allotment under subsection (a) may use funds not reserved under paragraph (1) to carry out the following activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity: (A) Reforming teacher and principal certification, recertification, licensing, or tenure systems to ensure that— (i) teachers have the necessary subject matter knowledge and teaching skills in the academic subjects that the teachers teach to help students meet challenging State standards; (ii) principals have the instructional leadership skills to help teachers teach and to help students meet challenging State standards; and (iii) teacher certification or licensing requirements are aligned with challenging State standards. (B) Developing or improving teacher and principal evaluation systems that shall be based in significant part on evidence of student achievement and may include student growth and other measures determined by the State. (C) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers and principals, especially in the areas of mathematics and science, for— (i) highly qualified individuals with a bachelor’s or master’s degree; (ii) mid-career professionals from other occupations; (iii) paraprofessionals; (iv) former military personnel; and (v) recent college or university graduates with records of academic distinction who demonstrate the potential to become highly effective teachers or principals. (D) Developing and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers and principals who are effective in improving student academic achievement. (E) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part, including provision of technical assistance to local educational agencies. (F) Developing, or assisting local educational agencies in developing— (i) performance-based pay systems; (ii) strategies that provide differential and bonus pay for teachers in high-need academic subjects and teachers or principals in high-poverty schools and districts; (iii) teacher advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation; and (iv) new teacher and principal induction and mentoring programs that are designed to— (I) improve instruction and student learning and achievement; and (II) increase the retention of effective teachers and principals. (G) Providing assistance to local educational agencies for the development and implementation of high-quality professional development programs for principals that enable the principals to be effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards, and the development and support of school leadership academies to develop educational leaders. (H) Supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction. (I) Providing training, technical assistance, and capacity building to local educational agencies that receive a subgrant under this title. (J) Other activities identified by the State that meet the purpose of this part. (d) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents Each plan described under paragraph (1) shall include the following: (A) A description of how the State educational agency will use funds received under this title for State-level activities described in subsection (c). (B) An assurance that the State educational agency will monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities. (C) An assurance that the State educational agency will work in consultation with the entity responsible for teacher professional standards, certification, and licensing, to ensure that the State activities carried out under this subpart are carried out in conjunction with the entity responsible for such standards, certification, and licensing under State law. 2105. Subgrants to local educational agencies (a) Allocation of funds to local educational agencies (1) In general A State educational agency that receives a grant under this title for a fiscal year shall provide the amount made available under section 2104(c)(1) to award subgrants to local educational agencies from allocations described in paragraph (2). (2) Allocation formula From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of— (A) an amount that bears the same relationship to 20 percent of the funds for such fiscal year as the number of individuals age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and (B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (3) Administrative costs Of the amount received under paragraph (2), a local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this title. (b) Local Applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Needs assessment (A) In general To be eligible to receive a subgrant under this subpart, a local educational agency shall conduct a comprehensive needs assessment of the local educational agency and of all schools within the jurisdiction of the local educational agency. (B) Requirements Such needs assessment shall be designed to determine the schools with the most acute staffing needs related to— (i) increasing the number of teachers and principals who are effective in improving student academic achievement; (ii) ensuring that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects; (iii) hiring, retention, and promotion; (iv) understanding and using data and assessments to improve student learning and classroom practice; (v) improving student behavior in the classroom and school, including the identification of early and appropriate interventions; and (vi) teaching students who are English language learners and students with disabilities. (3) Consultation (A) In general In conducting a needs assessment as described in paragraph (2), a local educational agency shall— (i) involve teachers, principals, pupil services personnel, parents, community-based organizations, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part; and (ii) take into account the activities that need to be conducted in order to give teachers and principals the skills to provide students with the opportunity to meet challenging State standards. (B) Continued consultation A local educational agency shall consult with such individuals and organizations described in subparagraph (A) on an ongoing basis in order to— (i) seek advice regarding how best to improve the local educational agency’s activities to meet the purpose of this part; and (ii) coordinate the local educational agency’s activities under this part with other related strategies, programs, and activities being conducted in the community. (4) Contents Each application submitted under this section shall be based on the results of the needs assessment required under paragraph (2) and shall include the following: (A) A description of the results of the comprehensive needs assessment carried out under paragraph (2). (B) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with the State’s challenging academic standards. (C) An assurance that such activities will comply with the principles of effectiveness described in section 2106(b). (D) A description of the professional development activities that will be made available to teachers and principals to meet needs identified by the needs assessment described in paragraph (2). (E) A description of how the local educational agency will support efforts to train teachers and principals to effectively integrate technology into curricula and instruction. (F) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). (G) A description of how the local educational agency will prioritize funds to schools served by the agency that are identified under section 1114(a)(1)(B) and have the highest percentage or number of children counted under section 1124(c). (H) An assurance that the local educational agency will coordinate professional development activities authorized under this subpart with professional development activities provided through other Federal, State, and local programs. 2106. Local use of funds (a) In general A local educational agency that receives a subgrant under section 2105 shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive programs and activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity, that are in accordance with the purposes of this title and— (1) meet the needs identified in the needs assessment described in 2105(b)(2); (2) are consistent with the principles of effectiveness described in subsection (b); and (3) may include, among other programs and activities— (A) developing or improving a rigorous, transparent, and fair evaluation system for teachers and principals that shall be based in significant part on evidence of student achievement, and may include student growth as a significant factor; (B) developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers and principals, particularly in high-poverty schools with high percentages of ineffective teachers and high percentages of students who do not meet State-determined proficient levels of achievement in the core academic subjects, including initiatives that provide— (i) differential, incentive, or bonus pay for teachers in high-need academic subject areas and specialty areas; (ii) performance-based pay systems for teachers and principals; (iii) teacher advancement, professional growth, and emphasis on multiple career paths and pay differentiation; and (iv) new teacher and principal induction and mentoring programs that are designed to improve instruction, student learning and achievement, and to increase teacher and principal retention; (C) recruiting qualified individuals from other fields, including mid-career professionals from other occupations, former military personnel, and recent graduates of an institution of higher education with a record of academic distinction who demonstrate potential to become effective teachers or principals; (D) establishing, improving, or expanding model instructional programs in the core academic subjects to ensure that all children receive a well-rounded and complete education; (E) providing high-quality professional development for teachers and principals focused on improving teaching and student learning and achievement in the core academic subjects, including supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction; (F) developing programs and activities that increase the ability of teachers to effectively teach students with disabilities, including students with significant cognitive disabilities, which may include the use of response to intervention and positive behavioral intervention and supports, and students who are English language learners so that such students can meet the State's challenging academic content and student academic achievement standards; (G) providing students with increased access to up-to-date school library materials, a well-equipped, technologically advanced school library media center, and well-trained professionally certified school library media specialist; (H) providing programs and activities to help students prepare for postsecondary level coursework in the core academic subjects, including early college or dual enrollment programs, Advanced Placement and International Baccalaureate programs, and other advanced learning programs, including programs to meet the educational needs of gifted and talented students; (I) providing programs that support extended learning opportunities in the core academic subjects, including before and after school programs, summer school programs, and programs that extend the school day, week, or school-year calendar; (J) providing general liability insurance coverage for the purchase by teachers related to actions performed in their scope of duties; and (K) carrying out other activities identified by the local educational agencies that meet the purpose of this part. (b) Principles of effectiveness (1) In general For a program or activity developed pursuant to this title to meet the principles of effectiveness, such program or activity shall— (A) be based upon an assessment of objective data regarding the need for programs and activities in the schools to be served to— (i) increase the number of teachers and principals who are effective in improving student academic achievement; and (ii) ensure that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects; (B) be based upon an established set of performance measures aimed at ensuring that all students receive a high-quality education in the core academic subjects, taught by effective teachers, that result in improved student academic achievement in the school served by the program; (C) reflect, to the extent practicable, scientifically valid research, or in the absence of a strong research base, reflect best practices in the field, that provides evidence that the program or activity will improve student academic achievement in the core academic subjects; and (D) include meaningful and ongoing consultation with and input from teachers, principals, and parents, in the development of the application and administration of the program or activity. (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic evaluation to assess its progress toward achieving the goal of providing students with a high-quality education in the core academic subjects, taught by effective teachers, that results in improved student academic achievement. (B) Use of results The results of evaluations described under subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and (ii) made available to the public upon request, with public notice of such availability provided. 2107. Reporting (a) In general Each State educational agency receiving funds under this title shall submit to the Secretary a report that provides— (1) the number of teachers and principals in the State who are licensed and certified; (2) the number of teachers in the State who are licensed and certified to teach in their field of study; (3) the number of teachers and principals in the State who have received emergency licensure; (4) the passage rate of teacher and principal licensure examinations; and (5) if applicable, results of teacher and principal evaluation systems. (b) Local educational agency report Each local educational agency receiving funds under this title shall submit to the State educational agency such information that the State requires, which shall include the information listed in subsection (a). (c) Availability The reports and information provided under subsections (a) and (b) shall be made readily available to the public. 2108. National activities of demonstrated effectiveness (a) Purpose The purpose of this section is to promote innovative instruction and learning strategies by nationally recognized organizations with a proven track record of effectiveness in providing preparation and professional development activities and programs for teachers and principals, particularly in underserved areas. (b) Technical assistance and national evaluation From the funds reserved by the Secretary under section 2103(b) to carry out this section, the Secretary may reserve not more than 20 percent to carry out directly or through grants and contracts— (1) technical assistance to States and local educational agencies carrying out activities under this part; and (2) national evaluations of activities carried out by States and local educational agencies under this part. (c) Programs of national significance From the funds reserved by the Secretary under section 2103(b), and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— (1) providing teachers and school leaders from non-traditional preparation and certification routes to serve in traditionally underserved local education agencies; (2) providing professional development activities that addresses literacy, numeracy, remedial, or other needs of local education agencies and their students; or (3) making freely available services and learning opportunities to local education agencies through partnerships and cooperative agreements or by making publicly accessible through the Internet or other widely available means. (d) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be of sufficient size, for a period of not more than 3 years, and may be renewed by the Secretary for an additional 2 year period. (2) Diversity of projects The Secretary shall ensure that reach eligible entity will serve different areas, including urban, suburban, and rural areas. (3) Limitation The Secretary may not award more than one grant to an eligible entity during a grant period. (e) Cost-Sharing (1) In general An eligible entity that receives a grant under this section, shall provide, from non-Federal sources, not less than 50 percent of the funds for the total cost for each year of activities carried out under this section. (2) Acceptable contributions An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services. (3) Waivers The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship. (f) Applications In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary in such time and in such manner that the Secretary may require, which shall include, at a minimum, a certification that the eligible entity will provide services to the local educational agency and schools it serves at no cost to its students or parents. (g) Definition of eligible entity In this section, the term eligible entity (1) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965, that provides course materials or resources that are research proven in increasing academic achievement; or (2) a national nonprofit or for-profit organization with a demonstrated track record of raising student academic achievement, graduation rates, and college-going rates. 2109. Prohibition against Federal mandates, direction, or control Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, control, or exercise any direction or supervision over a State, local educational agency, or school’s instructional content or materials, curriculum, program of instruction, academic content and student academic achievement standards, or academic assessments. 2110. Supplement, not supplant Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. B Teacher incentive fund 2201. Purposes; definitions (a) Purposes The purposes of this part are— (1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems for teachers and principals, especially for teachers and principals in high-need schools, who raise student academic achievement and close the achievement gap; and (2) to study and review performance-based compensation systems for teachers and principals to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems. (b) Definitions In this part: (1) Eligible entity The term eligible entity (A) a local educational agency or a consortium of local educational agencies, including a charter school that is a local educational agency; (B) a State educational agency, or other State agency designated by the chief executive of a State to participate under this part; or (C) a partnership consisting of— (i) one or more agencies described in subparagraph (A) or (B); and (ii) at least 1 nonprofit or for-profit organization. (2) High-need local educational agency The term high-need local educational agency (A) (i) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (ii) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; and (B) (i) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or (ii) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing. (3) High-need school The term high-need school (A) is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more; or (B) (i) has a high percentage of out-of-field teachers; (ii) is within the top quartile of elementary schools and secondary schools statewide, as ranked by the number of unfilled, available teaching positions at the schools; (iii) has a high teacher turnover rate; or (iv) has a high percentage of teachers who are not certified or licensed. (4) Performance-based compensation system The term performance-based compensation system (A) differentiates levels of compensation primarily on the basis of measurable increases in student academic achievement; and (B) may include— (i) differentiated levels of compensation on the basis of effective teachers’ and principals’ employment and success in hard-to-staff schools or high-need subject areas; and (ii) recognition of the skills and knowledge of teachers and principals as demonstrated through— (I) successful fulfillment of additional responsibilities or job functions; and (II) evidence of high achievement and mastery of content knowledge and superior teaching skills. 2202. Teacher incentive fund grants (a) In general From the amounts appropriated to carry out this part, the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible agencies to develop, implement, improve, or expand a performance-based compensation system in a school served by a project under this part. (b) Priority In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant on teachers and principals serving in high-need schools. (c) Applications To be eligible to receive a grant under this part, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require. The application shall include— (1) a description of the performance-based compensation system that the eligible entity proposes to develop, implement, improve, or expand; (2) a description and evidence of the support and commitment, from teachers and principals in the school to be served by the project, the community, and the local educational agency, for the performance-based compensation system, including a demonstration of consultation with teachers and principals on the development and implementation of the performance-based compensation system; (3) a description of how the eligible entity will develop and implement a fair, rigorous, and objective process to evaluate teacher, principal, and student performance under the project, including the baseline performance against which evaluations of improved performance will be made; (4) a description of the local educational agency or school to be served by the project, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; (5) a description of the quality of teachers and principals in the local educational agency and the schools to be served by the project and how the project will increase the quality of teachers and principals in a high-need school; (6) a description of how the eligible entity will use grant funds under this part in each year of the grant; (7) a description of how the eligible entity will continue the performance-based compensation system assisted under the grant after the grant ends; (8) a description, if applicable, of how the eligible entity will define effective for the purposes of section 2201(b)(4)(B)(i), through the use of measurable indicators, that are based in significant part on measures of student academic achievement; and (9) a description of the State, local, or other public or private funds that will be used to supplement the grant and sustain the activities assisted under the grant at the end of the grant period. (d) Use of funds (1) In general An eligible entity that receives a grant under this part shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school administrators, and members of the public, a performance-based compensation system consistent with this part. (2) Authorized activities Grant funds under this part may be used for the following: (A) Developing appraisal systems that reflect clear and fair measures of teacher and principal performance based on demonstrated improvements in student academic achievement. (B) Conducting outreach within a local educational agency or a State to gain input on how to construct the appraisal system and to develop support for the appraisal system. (C) Paying, as part of a comprehensive performance-based compensation system, bonuses and increased salaries, if the eligible entity uses an increasing share of non-Federal funds to pay the bonuses and increased salaries each year of the grant, to— (i) teachers and principals who raise student academic achievement; (ii) teachers who— (I) raise student academic achievement; and (II) (aa) teach in high-need schools; or (bb) teach subjects that are difficult to staff; or (iii) principals who raise student academic achievement in the school and serve in high-need schools. (e) Duration of grants (1) In general The Secretary may award a grant under this part for a period of not more than 5 years. (2) Limitation A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only once. (f) Equitable distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part. (g) Matching requirement Each eligible entity that receives a grant under this part shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in-kind) to carry out the activities supported by the grant. (h) Supplement, not supplant Grant funds provided under this part shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this part. 2203. Reports and evaluations (a) Activities summary Each eligible entity receiving a grant under this part shall provide to the Secretary a summary of the activities assisted under the grant. (b) Report The Secretary shall provide to Congress an annual report on the implementation of the program assisted under this part, including— (1) information on eligible entities that received grant funds under this part, including— (A) information provided by eligible entities to the Secretary in the applications submitted under section 2202(c); (B) the summaries received under subsection (a); and (C) grant award amounts; (2) student academic achievement data; and (3) such other information as the Secretary may include. (c) Evaluation (1) In general The Secretary shall, through a grant or contract, carry out an independent evaluation to measure the effectiveness of the program assisted under this part. (2) Contents The evaluation under paragraph (1) shall measure— (A) the effectiveness of the program in improving student academic achievement; (B) the satisfaction of the participating teachers or principals; and (C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers and principals, especially in hard-to-staff subject areas. 2204. Reservation of funds Of the total amount reserved under section 2103(c) for this part for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under section 2203(c) and for technical assistance in carrying out this part. . III Safe and healthy students 301. General provisions The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (1) in title IV (20 U.S.C. 7101 et seq.)— (A) by redesignating subpart 3 of part A as subpart 5 of part E of title IX and moving that subpart to follow subpart 4 of part E of title IX, as redesignated by section 201 of this Act; (B) by redesignating section 4141 as section 9561; (C) by redesignating section 4155 as section 9537 and moving that section so as to follow section 9536; (D) by redesignating part C as subpart 6 of part E of title IX and moving that subpart to follow subpart 5 of part E of title IX, as redesignated by subparagraph (A); and (E) by redesignating sections 4301, 4302, 4303, and 4304, as sections 9571, 9572, 9573, and 9574, respectively; and (2) by striking title IV ( 20 U.S.C. 7101 et seq. IV Safe and healthy students 4101. Purpose The purpose of this title is to improve students’ safety, health, and well-being during and after the school day by— (1) increasing the capacity of local educational agencies, schools, and local communities to create safe, healthy, supportive, and drug-free environments; (2) carrying out programs designed to improve school safety and promote students’ physical and mental health well-being, healthy eating and nutrition, and physical fitness; (3) preventing and reducing substance abuse, school violence, and bullying; and (4) strengthening parent and community engagement to ensure a healthy, safe, and supportive school environment. 4102. Definitions In this title: (1) Controlled substance The term controlled substance 21 U.S.C. 812(c) (2) Drug The term drug (3) Drug and violence prevention The term drug and violence prevention (A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the illegal use of drugs; and (B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, though the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others. (4) School-based mental health services provider The term school-based mental health services provider (5) State The term State 4103. Formula grants to States (a) Reservations From the total amount appropriated under section 4108 for a fiscal year, the Secretary shall reserve— (1) not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to States and local educational agencies carrying out activities under this title or conducting a national evaluation; (2) 1/2 (3) 1/2 (b) State allotments (1) Allotment (A) In general In accordance with subparagraph (B), the Secretary shall allot among each of the States the total amount made available to carry out this title for any fiscal year and not reserved under subsection (a). (B) Determination of State allotment amounts Subject to paragraph (2), the Secretary shall allot the amount made available under subparagraph (A) for a fiscal year among the States in proportion to the number of children, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year. (2) Small State minimum No State receiving an allotment under paragraph (1) may receive less than 1/2 (3) Reallotment If a State does not receive an allotment under this title for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c) State use of funds (1) In general Each State that receives an allotment under this section shall reserve not less than 98 percent of the amount allotted to such State under subsection (b), for each fiscal year for subgrants to local educational agencies under section 4104. (2) State administration A State educational agency may use not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out its responsibilities under this title. (3) State activities A State educational agency may use the amount made available to the State under subsection (b) and not reserved under paragraph (1) for the following activities: (A) Providing training, technical assistance, and capacity building to local educational agencies that are recipients of awards under this title. (B) Other activities identified by the State that meet the purpose of this title. (d) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. (2) Contents Each plan submitted by a State under this section shall include the following: (A) A description of how the State educational agency will use funds received under this title for State-level activities. (B) An assurance that the State educational agency will monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities. 4104. Subgrants to local educational agencies (a) Allocations to local educational agencies (1) In general A State that receives an allotment under this title for a fiscal year shall provide the amount made available under section 4103(c)(1) for subgrants to local educational agencies in accordance with this section. (2) Funds to local educational agencies From the funds reserved by a State under section 4103(c)(1), the State shall allocate to each local educational agency in the State an amount that bears the same relationship to such funds as the number of individuals ages 5 to 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (3) Administrative costs Of the amount received under paragraph (2), a local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this title. (b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Consultation (A) In general A local educational agency shall conduct a needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, pupil services personnel, students, community-based organizations, local government representatives, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title. (B) Continued consultation On an ongoing basis, the local educational agency shall consult with the individuals and organizations described in subparagraph (A) in order to seek advice regarding how best— (i) to improve the local educational agency’s activities in order to meet the purpose of this title; and (ii) to coordinate such agency’s activities under this title with other related strategies, programs, and activities being conducted in the community. (3) Needs assessment (A) In general To be eligible to receive a subgrant under this section, a local educational agency shall conduct a comprehensive needs assessment of the local educational agency and of all schools within the jurisdiction of the local educational agency. (B) Requirements The needs assessment required under subparagraph (A) shall take into account risk factors of the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of drug use, violent behavior, and the physical and mental health and well-being of youth in the school and community. (4) Contents Each application submitted under this subsection shall be based on the needs assessment described in paragraph (3) and shall include the following: (A) The results of the needs assessment described in paragraph (3) and an identification of each school that will be served by a subgrant under this section. (B) A description of the activities to be carried out by the local educational agency under this title and how these activities are aligned with the results of the needs assessment conducted under paragraph (3). (C) A description of the performance indicators that will be used to evaluate the effectiveness of the activities carried out under this section. (D) An assurance that the activities will comply with the principles of effectiveness described in section 4105(b), and foster a healthy, safe, and supportive school environment that improves students’ safety, health, and well-being during and after the school day. (E) An assurance that the local educational agency will prioritize funds to schools served by the local educational agency that— (i) are among the schools with the greatest needs as identified through the needs assessment conducted under paragraph (3); (ii) have the highest percentages or numbers of children counted under section 1124(c); (iii) are identified for improvement under section 1114; or (iv) are identified as a persistently dangerous public elementary school or secondary school under section 9532. (F) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). 4105. Local educational agency authorized activities (a) Local educational agency activities A local educational agency that receives a subgrant under section 4104 shall use the subgrant funds to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other schools and community-based services and programs, that are in accordance with the purpose of this title and— (1) foster safe, healthy, supportive, and drug-free environments that support student academic achievement; (2) are consistent with the principles of effectiveness described in subsection (b); (3) promote the involvement of parents in the activity or program; and (4) may include, among other programs and activities— (A) drug and violence prevention activities and programs, including professional development and training for school and pupil services personnel, and interested community members in prevention, education, early identification, and intervention mentoring, or rehabilitation referral, as related to drug and violence prevention; (B) before and after school programs and activities, including during summer recess periods, and programs to extend the school day, week, or school-year calendar; (C) school-based mental health services, including early identification of drug use and violence, and direct individual or group counseling services provided by qualified school-based mental health services providers; (D) emergency intervention services following traumatic crisis events; (E) programs that train school personnel to identify warning signs of youth suicide; (F) mentoring programs and activities for children who are at risk of academic failure, dropping out of school, or involvement in criminal or delinquent activities, or who lack strong positive role models; (G) elementary school and secondary school counseling programs; (H) programs or activities that support a healthy, active lifestyle, including nutritional education and regular, structured physical education programs for elementary school and secondary school students; (I) implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act; and (J) other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that meet the purpose of this title. (b) Principles of effectiveness (1) In general For a program or activity developed pursuant to this title to meet the principles of effectiveness, such program or activity shall— (A) be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools and communities to be served to— (i) improve school safety and promote students’ physical and mental health well-being, healthy eating and nutrition, and physical fitness; and (ii) strengthen parent and community engagement to ensure a healthy, safe, and supportive school environment; (B) be based upon an established set of performance measures aimed at ensuring a healthy, safe, and supportive school environment for students in the elementary schools and secondary schools and communities to be served by the program; (C) reflect, to the extent practicable, scientifically valid research, or in the absence of a strong research base, reflect best practices in the field, that provides evidence that the program or activity will provide students a healthy, safe, and supportive school environment; and (D) include meaningful and ongoing consultation with and input from parents in the development of the application and administration of the program or activity. (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic evaluation to assess its progress toward achieving its goal of providing students a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being, healthy eating and nutrition, and physical fitness. (B) Use of results The results of evaluations under subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and (ii) made available to the public upon request, with public notice of such availability provided. 4106. Supplement, not supplant Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. 4107. Prohibited use of funds No funds under this title may be used for— (1) construction; or (2) medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students who are victims of, or witnesses to, crime or who illegally use drugs. 4108. Authorization of appropriations There are authorized to be appropriated to carry out this title $1,372,627,000 for each of fiscal years 2014 through 2018. . IV Empowering parents through quality charter schools 401. Purpose Section 5201 ( 20 U.S.C. 7221 5201. Purpose It is the purpose of this subpart to— (1) provide financial assistance for the planning, program design, and initial implementation of charter schools; (2) expand the number of high-quality charter schools available to students across the Nation; (3) evaluate the impact of such schools on student achievement, families, and communities, and share best practices between charter schools and other public schools; (4) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; (5) improve student services to increase opportunities for students who are children with disabilities, English language learners, and other traditionally underserved students to attend charter schools and meet challenging State academic achievement standards; and (6) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, monitoring, and evaluation of such schools. . 402. Program authorized Section 5202 (20 U.S.C. 7221a) is amended to read as follows: 5202. Program authorized (a) In general The Secretary is authorized to carry out a charter school program that supports charter schools that serve elementary school and secondary school students by— (1) supporting the startup, replication, and expansion of charter schools; (2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and (3) carrying out national activities to support— (A) charter school development; (B) the dissemination of best practices of charter schools for all schools; and (C) the evaluation of the impact of the program on schools participating in the charter school program. (b) Funding allotment From the amount made available under section 5211 for a fiscal year, the Secretary shall— (1) reserve 15 percent to support charter school facilities assistance under section 5204; (2) reserve not more than 5 percent to carry out national activities under section 5205; and (3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 5203. (c) Prior grants and subgrants The recipient of a grant or subgrant under this subpart, as such subpart was in effect on the day before the date of enactment of the Every Child Ready for College or Career Act of 2013 . 403. Grants to support high-quality charter schools Section 5203 ( 20 U.S.C. 7221b 5203. Grants to support high-quality charter schools (a) Definitions In this section: (1) Charter management organization The term charter management organization (2) Eligible entity The term eligible entity (A) a State entity; (B) an authorized public chartering agency; (C) a local educational agency; or (D) a charter management organization. (3) State entity The term State entity (A) a State educational agency; (B) a State charter school board; (C) a Governor of a State; or (D) a charter support organization. (b) Program authorized From the amount available under section 5202(b)(3), the Secretary shall award grants, on a competitive basis, to eligible entities to enable— (1) eligible entities described in subparagraph (A), (B), or (C) of subsection (a)(2) to— (A) award subgrants to eligible applicants— (i) to open new charter schools; (ii) to open replicable, high-quality charter school models; or (iii) to expand high-quality charter schools; and (B) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in subparagraph (A) and work with authorized public chartering agencies in the State to improve authorizing quality; or (2) eligible entities described in subparagraph (B), (C), or (D) of subsection (a)(2) to open new charter schools, to open replicable high-quality charter school models, or to expand high-quality charter schools, which may include— (A) supporting the physical expansion of charter school buildings, including financing the development of new buildings and campuses to meet increased enrollment needs; (B) paying costs associated with hiring additional teachers to serve additional students; (C) providing transportation to students to and from the charter school; (D) purchasing instructional materials, implementing teacher and principal professional development programs, and hiring additional non-teaching staff; and (E) supporting any necessary activities associated with the charter school carrying out the purpose of this section. (c) Uses of funds (1) Special rule for subgranting entities An eligible entity receiving a grant under subsection (b)(1) shall— (A) use 90 percent of the grant funds to carry out subsection (b)(1)(A), in accordance with the quality charter school program described in the entity’s application approved pursuant to subsection (f); and (B) reserve 10 percent of such funds to carry out the activities described in subsection (b)(1)(B), of which not more than 30 percent may be used for administrative costs which may include technical assistance. (2) Contracts and grants An eligible entity may use a grant received under this section to carry out the activities described in subsection (b) directly or through grants, contracts, or cooperative agreements. (d) Program periods; peer review; diversity of projects (1) Program periods (A) Grants A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years, and may be renewed by the Secretary for 1 additional 2-year period. (B) Subgrants A subgrant awarded by an eligible entity under this section shall be for a period of not more than 3 years, of which an eligible applicant may use not more than 18 months for planning and program design. An eligible entity may renew a subgrant for 1 additional 2-year period. (2) Peer review The Secretary, and each eligible entity awarding subgrants under this section, shall use a peer review process to review applications for assistance under this section. (3) Diversity of projects Each eligible entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— (A) are distributed throughout different areas, including urban, suburban, and rural areas; and (B) will assist charter schools representing a variety of educational approaches. (e) Limitations (1) Grants An eligible entity may not receive more than 1 grant under this section at a time, unless the eligible entity demonstrates to the Secretary that, for each charter school supported under the first grant, the education results have improved in the areas described in subparagraphs (A) and (D) of section 5210(7). (2) Subgrants An eligible applicant may not receive more than 1 subgrant under this section per charter school for each grant period or renewal period. (f) Applications An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (1) A description of the entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including— (A) a description of how the entity will— (i) support both new charter school startup and the expansion and replication of high-quality charter school models; (ii) work with charter schools to promote inclusion of all students and support all students upon enrollment to promote retention; (iii) work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to participate in charter schools; (iv) share best and promising practices between charter schools and other public schools; (v) ensure the charter schools the eligible entity supports can meet the educational needs of their students, including students who are children with disabilities and English language learners; and (vi) support efforts to increase quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D)(ii); (B) in the case of any eligible entity that will be awarding subgrants under subsection (b)(1)(A), a description of how the entity will— (i) inform eligible charter schools, developers, authorized public chartering agencies, and other entities of the availability of funds under the program; (ii) work with eligible applicants to ensure that the applicants access all Federal funds that they are eligible to receive, and help the charter schools supported by the applicants and the students attending the charter schools— (I) participate in the Federal programs in which the schools and students are eligible to participate; and (II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; (iii) ensure eligible applicants that receive a subgrant under the entity’s program are prepared to continue to operate the charter schools receiving the subgrant funds once the funds have expired; (iv) support charter schools in local educational agencies with large numbers of schools identified by the State under section 1114(a)(1)(B); and (v) carry out the subgrant competition, including— (I) a description of the application each eligible applicant desiring to receive a subgrant will submit, which application shall include— (aa) a description of the roles and responsibilities of eligible applicants, partner organizations, and charter management organizations, including the administrative and contractual roles and responsibilities; and (bb) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, and how a school’s performance on the State’s academic accountability system will be a primary factor for renewal; and (II) a description of how the entity will review applications; (C) except in the case of an eligible entity described in subsection (a)(3)(A), a description of how the entity— (i) will work with the State educational agency and the charter schools in the State to maximize charter school participation in Federal and State programs for charter schools; and (ii) will work with the State educational agency to adequately operate the entity’s program under this section, where applicable; (D) in the case of an eligible entity that is a State entity, a description of the extent to which the entity— (i) is able to meet and carry out the priorities described in subsection (g)(2); and (ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools, the opening of replicable, high-quality charter school models, and the expansion of high-quality charter schools; and (E) in the case of an entity that partners with an outside organization to carry out the entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of such partner. (2) Assurances, including a description of how the assurances will be met, that— (A) the eligible entity, if awarding subgrants, will— (i) consider applications from eligible charter schools, authorized public chartering agencies, charter management organizations, and other entities as applicable under State law; and (ii) provide adequate technical assistance to such eligible applicants to— (I) meet the objectives described in clauses (ii) and (iii) of paragraph (1)(A) and subparagraph (B); and (II) enroll traditionally underserved students, including students who are children with disabilities and English language learners, to promote an inclusive education environment; (B) each charter school receiving funds under the entity’s program will have a high degree of autonomy over budget and operations; (C) the entity will support charter schools in meeting the educational needs of their students as described in paragraph (1)(A)(v); and (D) in the case of an eligible entity that is a State entity— (i) the entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program— (I) ensures that the charter school is meeting the obligations under this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973; and (II) adequately monitors and helps the schools in recruiting, enrolling, and meeting the needs of all students, including students who are children with disabilities and English language learners; and (ii) the entity will promote quality authorizing, such as through providing technical assistance, to support all authorized public chartering agencies in the State to improve the monitoring of their charter schools, including by— (I) using annual performance data, which may include graduation rates and student growth data, as appropriate, to measure the progress of their schools toward becoming high-quality charter schools; and (II) reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported. (3) A request and justification for waivers of any Federal statutory or regulatory provisions that the entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity’s program under this section, and a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply, to such schools. (g) Selection criteria; priority (1) Selection criteria The Secretary shall award grants to eligible entities under this section on the basis of the quality of the applications submitted under subsection (f), after taking into consideration— (A) the degree of flexibility afforded by the State’s public charter school law and, in the case of an eligible entity described in subsection (a)(2)(A), how the entity will work to maximize the flexibility provided to charter schools under the law; (B) the quality of the strategy for assessing achievement of the entity’s objectives under subsection (f)(1); (C) the likelihood that the eligible entity, and any eligible applicants receiving subgrants from the eligible entity, will meet those objectives and improve educational results for students; (D) the proposed number of new charter schools to be opened, and the number of high-quality charter schools to be replicated or expanded under the program; (E) in the case of an eligible entity awarding subgrants under subsection (b)(1)(A), the entity’s plan to— (i) adequately monitor the eligible applicants receiving subgrants under the entity’s program; (ii) work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies; and (iii) provide adequate technical assistance, as described in the entity’s application under subsection (f), for the eligible applicants receiving subgrants under the entity’s program; and (F) the eligible entity’s plan to support quality authorizing efforts in the State, consistent with the objectives under subsection (f)(1). (2) Priority In selecting eligible entities that are State entities to receive a portion of the grants awarded under this section, the Secretary shall give priority to State entities to the extent that the entities meet the following criteria: (A) In the case in which a State entity is located in a State that allows an entity other than the State educational agency to be an authorized public chartering agency or a State in which only a local educational agency may be an authorized public chartering agency, the State has an appeals process for the denial of an application for a charter school. (B) The State entity is located in a State that ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner. (C) The State entity is located in a State that uses charter schools and best practices from charter schools to help improve struggling schools and local educational agencies. (D) The State entity partners with an organization that has a demonstrated record of success in developing management organizations to support the development of charter schools in the State. (E) The State entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. (h) Local uses of funds An eligible applicant receiving a subgrant under this section shall use such funds to open new charter schools, open replicable, high-quality charter school models, or expand existing high-quality charter schools, which may include the activities described in subparagraphs (A) through (E) of subsection (b)(2). (i) Reporting requirements Each eligible entity receiving a grant under this section shall submit to the Secretary, at the end of the second and third year of the grant period and at the end of any renewal period, a report that includes the following: (1) The number of students served and, if applicable, how many new students were served during each year of the grant. (2) In the case of an eligible entity awarding subgrants under subsection (b)(1)(A), the number of subgrants awarded under this section to carry out each of the following: (A) The opening of new charter schools. (B) The opening of replicable, high-quality charter school models. (C) The expansion of high-quality charter schools. (3) In the case of an eligible entity receiving a grant under subsection (b)(2), the number of new charter schools opened, the number of replicable high-quality charter school models opened, and the number of high-quality charter schools expanded under the grant. (4) In the case of a State entity described in subparagraph (A), (B), or (C) of subsection (a)(3), the progress the State entity made toward meeting the priorities described in subsection (g)(2), as applicable. (5) A description of— (A) how the entity met the objectives of the quality charter school program described in the entity’s application under subsection (f); (B) how the entity complied with, and, if applicable, ensured that eligible applicants complied with, the assurances described in the entity’s application; and (C) how the entity worked with authorized public chartering agencies, including how the agencies worked with the management company or leadership of the schools in which the subgrants were awarded, if applicable. . 404. Facilities financing assistance Section 5204 ( 20 U.S.C. 7221c 5204. Facilities financing assistance (a) Grants to eligible entities (1) In general From the amount reserved under section 5202(b)(1), the Secretary shall award not less than 3 grants to eligible entities that have applications approved under subsection (d) to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (2) Eligible entity defined In this section, the term eligible entity (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee selection (1) Evaluation of application The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (2) Distribution of grants The Secretary shall award not less than one grant to an eligible entity described in subsection (a)(2)(A), not less than one grant to an eligible entity described in subsection (a)(2)(B), and not less than one grant to an eligible entity described in subsection (a)(2)(C), if applications are submitted that permit the Secretary to do so without approving an application that is not of sufficient quality to merit approval. (c) Grant characteristics Grants under subsection (a) shall be of a sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation. (d) Applications (1) In general To receive a grant under subsection (a), an eligible entity shall submit to the Secretary an application in such form as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall contain— (A) a statement identifying the activities proposed to be undertaken with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; (B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; (C) a description of the eligible entity’s expertise in capital market financing; (D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section; (E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and (F) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding the charter schools need to have adequate facilities. (e) Charter school objectives An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private sector capital to accomplish one or both of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, including predevelopment costs, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. (f) Reserve account (1) Use of funds To assist charter schools to accomplish the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: (A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e). (B) Guaranteeing and insuring leases of personal and real property for an objective described in such subsection. (C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (2) Investment Funds received under this section and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (3) Reinvestment of earnings Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accordance with such subsection. (g) Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). (h) Audits and reports (1) Financial record maintenance and audit The financial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (2) Reports (A) Grantee annual reports Each eligible entity receiving a grant under subsection (a) annually shall submit to the Secretary a report of the entity’s operations and activities under this section. (B) Contents Each annual report submitted under subparagraph (A) shall include— (i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; (iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds; (iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; (v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and (vi) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this section (excluding subsection (k)) during the reporting period. (C) Secretarial report The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k)). (i) No full faith and credit for grantee obligation No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. (j) Recovery of funds (1) In general The Secretary, in accordance with chapter 37 (A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this section (excluding subsection (k)), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or (B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such subsection. (2) Exercise of authority The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1). (3) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1). (4) Construction This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. (k) Per-Pupil facilities aid program (1) Definition of per-pupil facilities aid program In this subsection, the term per-pupil facilities aid program (A) that is dedicated solely for funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount reserved under section 5202(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering, per-pupil facilities aid programs. (B) Period The Secretary shall award grants under this subsection for periods of not more than 5 years. (C) Federal share The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— (i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (ii) 80 percent for the second such year; (iii) 60 percent for the third such year; (iv) 40 percent for the fourth such year; and (v) 20 percent for the fifth such year. (D) State share A State receiving a grant under this subsection may partner with 1 or more organizations to provide up to 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program. (E) Multiple grants A State may receive more than 1 grant under this subsection, so long as the amount of such grant funds provided to charter schools increases with each successive grant. (3) Use of funds (A) In general A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State of the applicant. (B) Evaluations; technical assistance; dissemination From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. (C) Supplement, not supplant Funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools. (4) Requirements (A) Voluntary participation No State may be required to participate in a program carried out under this subsection. (B) State law (i) In general To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— (I) is specified in State law; and (II) provides annual financing, on a per-pupil basis, for charter school facilities. (ii) Special rule A State that is required under State law to provide its charter schools with access to adequate facility space may be eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. (5) Applications To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. . 405. National activities Section 5205 (20 U.S.C. 7221d) is amended to read as follows: 5205. National activities (a) In general From the amount reserved under section 5202(b)(2), the Secretary shall— (1) use not less than 50 percent of such funds to award grants in accordance with subsection (b); and (2) use the remainder of such funds to— (A) disseminate technical assistance to State entities in awarding subgrants under section 5203(b)(1)(A); (B) disseminate best practices regarding public charter schools; and (C) evaluate the impact of the charter school program, including the impact on student achievement, carried out under this subpart. (b) Grants (1) In general From the amounts described in subsection (a)(1), the Secretary shall make grants, on a competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 5202(a)(1) and section 5203(b). (2) Terms and conditions Except as otherwise provided in this subsection, grants awarded under this subsection shall have the same terms and conditions as grants awarded under section 5203. (3) Eligible applicant defined For purposes of this subsection, the term eligible applicant (A) did not apply for a grant under section 5203; (B) did not receive a grant under section 5203; or (C) received a grant under section 5203 and is in the fourth or fifth year of the grant period for such grant. (c) Contracts and grants The Secretary may carry out any of the activities described in this section directly or through grants, contracts, or cooperative agreements. . 406. Records transfer Section 5208 (20 U.S.C. 7221g) is amended by inserting as quickly as possible and to the extent practicable 407. Definitions Section 5210 ( 20 U.S.C. 7221i (1) in paragraph (1)— (A) in subparagraph (K), by striking and (B) in subparagraph (L), by striking the period at the end and inserting ; and (C) by adding at the end, the following: (M) may serve prekindergarten or postsecondary students. ; (2) in paragraph (3), by striking under section 5203(d)(3) (3) by adding at the end the following: (5) Charter support organization The term charter support organization (6) Expansion of a high-quality charter school The term expansion of a high-quality charter school (7) High-quality charter school The term high-quality charter school (A) shows evidence of strong academic results; (B) has no significant issues in the areas of student safety, financial management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement and attainment for all students served by charter schools; and (D) has demonstrated success in increasing student academic achievement for the subgroups of students described in section 1111(b)(2)(B)(viii). (8) Replicable, high-quality charter school model The term replicable, high-quality charter school model . 408. Authorization of appropriations Section 5211 ( 20 U.S.C. 7221j 5211. Authorization of appropriations There are authorized to be appropriated to carry out this subpart $241,507,000 for each of fiscal years 2014 through 2018. . 409. General provisions Title V (20 U.S.C. 7201 et seq.) is amended by— (1) striking part A; (2) striking subparts 2 and 3 of part B; (3) striking part D; (4) in part B, by striking Subpart 1—Charter School Programs (5) by redesignating part B as part A; and (6) by redesignating part C as part B. V State innovation and flexibility 501. Purposes The purposes of this title are to— (1) support State, local, and tribal leadership and innovation in preparing all students to meet State-developed academic content standards and student academic achievement standards; (2) establish a process to permit State, local, and tribal educational leaders to implement alternative and innovative strategies to improve academic achievement for all students and otherwise meet the purposes of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (3) provide States and local educational agencies with maximum flexibility in using Federal funds provided under this Act; and (4) direct the Secretary of Education to defer to State, local, and tribal judgments regarding how best to accomplish the purposes of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 502. Transferability of funds Section 6123 (20 U.S.C. 7305b) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking not more than 50 percent of the nonadministrative State funds all, or any lesser amount, of State funds (ii) by striking subparagraphs (A) through (D) and inserting the following: (A) Any provision of title II. (B) Any provision of title IV. ; and (B) in paragraph (2), by striking and subject to the 50 percent limitation described in paragraph (1) (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking (except subparagraph (C)) may transfer all, or any lesser amount, of the funds allocated to it (ii) by striking subparagraph (B); (iii) by redesignating subparagraph (C) as subparagraph (B); and (iv) in subparagraph (B), as redesignated by clause (iii), by striking and subject to the percentage limitation described in subparagraph (A) or (B), as applicable (B) in paragraph (2)— (i) by striking subparagraph (A), (B), or (C) subparagraph (A) or (B) (ii) by striking subparagraphs (A) through (D) and inserting the following: (A) Any provision of title II. (B) Any provision of title IV. . 503. Waivers of statutory and regulatory requirements Section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 (1) by striking subsection (a) and inserting the following: (a) In general (1) Request for waiver A State educational agency, local educational agency (through a State educational agency), or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. (2) Receipt of waiver Except as provided in subsection (c), the Secretary shall waive any statutory or regulatory requirement of this Act for a State educational agency, local educational agency, Indian tribe, or school (through a local educational agency), that submits a waiver request pursuant to this subsection. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting , which shall include a plan waiver request to the Secretary (ii) in subparagraph (B), by striking and how the waiving of those requirements will (iii) by redesignating subparagraph (E) as subparagraph (F); and (iv) by striking subparagraphs (C) and (D), and inserting the following: (C) describes the methods the State educational agency, local educational agency, or Indian tribe will use to— (i) monitor the effectiveness of the implementation of the plan; and (ii) assure regular evaluation and continuous improvement of the plan; (D) as applicable to the waiver request, includes information on how the State educational agency, local educational agency, or Indian tribe will maintain and improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of students according to the student subgroups described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii); and ; (B) in paragraph (2)(B)(i)(II), by striking (on behalf of, and based on the requests of, local educational agencies) (on their own behalf, or on behalf of, and based on the requests of, local educational agencies in the State) (C) in paragraph (3)— (i) in subparagraph (A), in the matter preceding clause (i), by inserting or on behalf of local educational agencies in the State, acting on its own behalf, (ii) in subparagraph (B), by striking reviewed by the State educational agency reviewed and approved by the State educational agency before being submitted to the Secretary (D) by adding at the end the following: (4) Waiver determination, demonstration, and revision (A) In general The Secretary shall approve a waiver request not more than 90 days after the date on which such request is submitted, unless the Secretary determines and demonstrates that— (i) the waiver request does not meet the requirements of this section; and (ii) the waiver is not permitted under subsection (c). (B) Waiver determination and revision If the Secretary determines and demonstrates that the waiver request does not meet the requirements of this section, the Secretary shall— (i) immediately— (I) notify the State educational agency, local educational agency, or Indian tribe of such determination; and (II) at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such determination in writing; (ii) offer the State educational agency, local educational agency, or Indian tribe an opportunity to revise and resubmit the waiver request not more than 60 days after the date of such determination; and (iii) if the Secretary determines that the resubmission does not meet the requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. (C) Waiver disapproval The Secretary may disapprove a waiver request if— (i) the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and (ii) the State educational agency, local educational agency, or Indian tribe— (I) does not revise and resubmit the waiver request; or (II) revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii). (D) External conditions The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request. ; (3) in subsection (c), by striking paragraph (2) and redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), and (10) as paragraphs (2), (3), (4), (5), (6), (7), (8), and (9); (4) in subsection (d)— (A) in the heading, by adding ; Limitations Duration and Extension of Waiver (B) by adding at the end the following: (3) Specific limitations The Secretary shall not place any requirements on a State educational agency, local educational agency, or Indian tribe, as a condition of approval of a waiver request. ; (5) by striking subsection (e) and inserting the following: (e) Reports A State educational agency, local educational agency, and Indian Tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(e), the progress of schools covered under the provisions of such waiver toward increasing academic achievement. ; and (6) in subsection (f), by inserting and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver, has been inadequate to justify a continuation of the waiver 504. Maintenance of effort Section 9521 (20 U.S.C. 7901) is repealed. 505. Plan approval process Title IX (20 U.S.C. 7801 et seq.) is amended by adding at the end the following: G Approval and disapproval of State plans and local applications 9701. Approval and disapproval of State plans (a) Deemed approval A plan submitted by a State pursuant to section 2104(d) or section 4103(d) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 2104(d) or section 4103(d), as applicable. (b) Disapproval process (1) In general The Secretary shall not finally disapprove a plan submitted under section 2104(d) or section 4103(d), except after giving the State educational agency notice and an opportunity for a hearing. (2) Notification If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2104(d) or section 4103(d), as applicable, the Secretary shall— (A) give the State educational agency notice and an opportunity for a hearing; and (B) notify the State educational agency of the finding of noncompliance and, in such notification, shall— (i) cite the specific provisions in the plan that are not in compliance; and (ii) request additional information, only as to the noncompliant provisions, needed to make the plan compliant. (3) Response If the State educational agency responds to the Secretary’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan with the requested information described in paragraph (2)(B)(ii), the Secretary shall approve or disapprove such plan prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the plan is resubmitted; or (B) the expiration of the 120-day period described in subsection (a). (4) Failure to respond If the State educational agency does not respond to the Secretary’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be disapproved. 9702. Approval and disapproval of local educational agency applications (a) Deemed approval An application submitted by a local educational agency pursuant to section 2105(b) or section 4104(b) shall be deemed to be approved by the State educational agency unless the State educational agency makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 2105(b) or section 4104(b), as applicable. (b) Disapproval process (1) In general The State educational agency shall not finally disapprove an application submitted under section 2105(b) or section 4104(b), except after giving the local educational agency notice and opportunity for a hearing. (2) Notification If the State educational agency finds that the application is not in compliance, in whole or in part, with section 2105(b) or section 4104(b), as applicable, the State educational agency shall— (A) give the local educational agency notice and an opportunity for a hearing; and (B) notify the local educational agency of the finding of noncompliance, and in such notification, shall— (i) cite the specific provisions in the application that are not in compliance; and (ii) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (3) Response If the local educational agency responds to the State educational agency’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(B)(ii), the State educational agency shall approve or disapprove such application prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (B) the expiration of the 120-day period described in subsection (a). (4) Failure to respond If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved. . VI Extensions of authorizations 601. English learners and immigrant students Section 3001 ( 20 U.S.C. 6801 $750,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. $693,848,000 for each of fiscal years 2014 through 2018. 602. Magnet school assistance Section 5311 (20 U.S.C. 7231j) is amended by striking $125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. $91,647,000 for each of fiscal years 2014 through 2018. 603. Rural education achievement program Section 6234 ( 20 U.S.C. 7355c $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years $169,840,000 for each of fiscal years 2014 through 2018 604. Indian, Native Hawaiian, and Alaska Native Education (a) Grants to local educational agencies and tribes Section 7152 ( 20 U.S.C. 7492 7152. Authorizations of appropriations (a) Subpart 1 For the purpose of carrying out subpart 1, there are authorized to be appropriated $100,381,000 for each of fiscal years 2014 through 2018. (b) Subpart 2 For the purpose of carrying out subpart 2, there are authorized to be appropriated $17,993,000 for each of fiscal years 2014 through 2018. (c) Subpart 3 For the purpose of carrying out subpart 3, there are authorized to be appropriated $5,565,000 for each of fiscal years 2014 through 2018. . (b) Native Hawaiian education Section 7205(c) ( 20 U.S.C. 7515(c) (1) by striking paragraph (1) and inserting the following: (1) In general There are authorized to be appropriated to carry out this section and section 7204 $32,397,000 for each of fiscal years 2014 through 2018. ; and (2) in paragraph (2), by striking for fiscal year 2002 and each of the 5 succeeding fiscal years for fiscal years 2014 through 2018 (c) Alaska Native education Section 7304(d)(1) ( 20 U.S.C. 7544(d)(1) such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years. $31,453,000 for each of fiscal years 2014 through 2108. 605. Impact aid Section 8014 (20 U.S.C. 7714) is amended— (1) in subsection (a), by striking $32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. $63,445,000 for each of fiscal years 2014 through 2018. (2) in subsection (b), by striking $809,400,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. $1,093,203,000 for each of fiscal years 2014 through 2018. (3) in subsection (c), by striking $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. $45,881,000 for each of fiscal years 2014 through 2018. (4) in subsection (e), by striking $10,052,000 for fiscal year 2000 and such sums as may be necessary for fiscal year 2001, $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years. $16,529,000 for each of fiscal years 2014 through 2018. (5) in subsection (f), by striking $5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. $4,591,000 for each of fiscal years 2014 through 2018. 606. McKinney-Vento Homeless Assistance Section 726 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11435 $100,000,000 for fiscal year 2009 and such sums as may be necessary for each subsequent fiscal year. $61,771,000 for each of fiscal years 2014 through 2018.

Every Child Ready for College or Career Act of 2013

Export-Import Bank Termination Act - Abolishes the Export-Import Bank of the United States three years after enactment of this Act.

113 S1102 IS: Export-Import Bank Termination Act U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1102 IN THE SENATE OF THE UNITED STATES June 6, 2013 Mr. Lee Committee on Banking, Housing, and Urban Affairs A BILL To abolish the Export-Import Bank of the United States, and for other purposes. 1. Short title This Act may be cited as the Export-Import Bank Termination Act 2. Findings Congress makes the following findings: (1) Export subsidies provide advantages to specific industries or businesses at the expense of their domestic competition, other sectors of the economy of the United States, and the people of the United States. (2) Banks and other financial institutions that provide trade facilitation credit also profit from export subsidies such as loan guarantees and trade insurance. (3) International trade finance is well developed and supplied by the private sector at competitive rates that reflect market conditions. (4) The Export-Import Bank of the United States is an agency of the United States Government that subsidizes exports by insuring or guaranteeing trade facilitation loans and other credit from private financial institutions and by providing direct loans to exporters in the United States. (5) Export subsidies impose risks on the taxpayers of the United States. (6) In a June 2012 report, the Congressional Budget Office found, using accurate, fair value estimation, that the expected return of the Export-Import Bank of the United States was less than 1/10 (7) Recent years have revealed other safe (8) The Export-Import Bank of the United States claims to serve small businesses primarily but most of its financing subsidizes exports of large multinational corporations. 3. Reductions of authorities before abolishment (a) Termination of authority To accept applications for assistance Notwithstanding any other provision of law, the Export-Import Bank of the United States (in this Act referred to as the Bank (b) Termination of authority To renew or enter into a contract for the provision of assistance by the Bank Notwithstanding any other provision of law, the Bank may not renew or enter into a contract that obligates the Bank to provide a loan, insurance, or a guarantee, or to participate in an extension of credit by another entity after the 12-month period that begins on the date of the enactment of this Act. 4. Abolishment of Export-Import Bank of the United States (a) Abolishment The Bank is abolished on the date that is 3 years after the date of the enactment of this Act (in this Act referred to as the abolishment date (b) Repeal of statutory authority Effective on the abolishment date, the Export-Import Bank Act of 1945 ( 12 U.S.C. 635 et seq. 5. Transfer authorities (a) Transfer of functions (1) In general All functions that are authorized to be performed by the Bank, the Board of Directors of the Bank, any officer or employee of the Bank acting in that capacity, or any agency or office of the Bank on the day before the abolishment date are transferred to the Secretary on the abolishment date. (2) Inspector general duties (A) Termination of the Office of Inspector General for the Export-Import Bank of the United States Notwithstanding any other provision of law, the Office of Inspector General for the Bank shall terminate on the abolishment date, and the assets and obligations of the Office shall be transferred to the Office of the Inspector General for the Department of the Treasury or otherwise disposed of as the Secretary determines to be appropriate. (B) Savings provision (i) In general The provisions of this section shall not affect the performance of any pending audit, investigation, inspection, or report by the Office of the Inspector General for the Bank as of the abolishment date, with respect to functions transferred by this section. (ii) Modification of performance Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any performance under the same terms and conditions and to the same extent that performance could have been discontinued or modified if this section had not been enacted. (3) Performance of transferred functions (A) In general Except as otherwise provided by law, a Federal official to whom a function is transferred by this subsection may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the abolishment date. (B) Delegation and assignment (i) In general Except as otherwise expressly prohibited by law, a Federal official to whom a function is transferred by this subsection (including the head of any office to which functions are transferred by this subsection) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. (ii) Ultimate responsibility No delegation of functions under this subparagraph or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. (4) Authority of the Secretary with respect to transferred functions (A) Determinations If necessary, the Secretary shall make any determination of the functions that are transferred under this subsection. (B) Incidental transfers The Secretary, at such time or times as the Secretary shall provide, may make such determinations as may be necessary with regard to the functions transferred by this subsection, and make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. (b) Transfer of personnel All individuals who were officers or employees of the Bank immediately before the abolishment date and performed functions that are transferred to the Secretary under subsection (a) are transferred to the Department of the Treasury on the abolishment date (other than members of the Board of Directors of the Bank). (c) Transfer of assets Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. 6. Resolution and termination of Bank functions (a) Resolution of functions The Secretary shall— (1) complete the disposition and resolution of the functions of the Bank in accordance with this Act; and (2) resolve all functions that are transferred to the Secretary under section 5(a). (b) Termination of functions All functions that are transferred to the Secretary under section 5(a) shall terminate on the date all obligations of the Bank, and all obligations of others to the Bank, in effect immediately before the abolishment date, have been satisfied, as determined by the Secretary. (c) Report to Congress When the Secretary makes the determination described in subsection (b), the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the determination. 7. Duties of the Secretary (a) In general The Secretary shall be responsible for the implementation of this Act as follows: (1) The administration and wind-up of all functions transferred to the Secretary under section 5(a). (2) The administration and wind-up of any outstanding obligations of the Federal Government under any programs terminated by this Act. (3) Other actions as may be necessary to wind-up any outstanding affairs of the Bank. (b) Delegation of functions The Secretary may delegate to the head of any other Federal department or agency the performance of the functions of the Secretary under this Act to the extent that the Secretary determines that the delegation would further the purposes of this Act. (c) Transfer of assets and personnel In connection with any delegation of functions under subsection (b), the Secretary may transfer to the department or agency concerned such assets, funds, personnel, records, and other property relating to the delegated function as the Secretary determines to be appropriate. (d) Authorities of the Secretary For purposes of performing the functions of the Secretary under this Act and subject to the availability of appropriations, the Secretary may— (1) enter into contracts; (2) employ experts and consultants in accordance with section 3109 (3) utilize, on a reimbursable basis, the services, facilities, and personnel of other Federal agencies. 8. Savings provisions (a) Legal documents (1) In general All legal documents specified in paragraph (2) shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law if such legal documents— (A) have been issued, made, granted, or allowed to become effective by the President, the Bank, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and (B) are in effect on the abolishment date (or become effective after such date pursuant to their terms as in effect on such effective date). (2) Legal documents specified The legal documents specified in this paragraph are orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges. (b) Proceedings (1) In general This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act. (2) Issuance of orders Orders shall be issued in such proceedings, appeals shall be taken, and payments shall be made pursuant to such orders as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (3) Modification of proceedings Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Actions (1) In general This Act shall not affect any civil or criminal action commenced before the date of the enactment of this Act. (2) Continue as if not enacted In all such actions, proceedings shall be had, appeals shall be taken, and judgments shall be rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of actions No action or other proceeding commenced by or against an office transferred by this Act, or by or against any individual in the official capacity of such individual as an officer or employee of such an office, shall abate by reason of the enactment of this Act. (e) Continuance of actions If any Government officer in the official capacity of such officer is party to an action with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such action shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative procedure and judicial review Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. 9. Availability of existing funds Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. 10. Conforming amendments (a) Elimination of related authorizing provisions (1) Section 103 of the International Development and Finance Act of 1989 ( Public Law 101–240 (2) Section 303 of the Support for East European Democracy (SEED) Act of 1989 ( Public Law 101–179 (3) The Export-Import Bank Act Amendments of 1978 ( Public Law 95–630 (A) in section 1908 ( 12 U.S.C. 635a–1 (i) in subsection (a), by striking (a) (ii) by striking subsection (b); (B) by repealing section 1911 (12 U.S.C. 635a–2); and (C) by repealing section 1912 (12 U.S.C. 635a–3). (4) Section 206 of the Bank Export Services Act ( 12 U.S.C. 635a–4 (5) Sections 1 through 5 of Public Law 90–390 (6) Sections 641 through 647 of the Trade and Development Enhancement Act of 1983 (12 U.S.C. 635o–635t) are repealed. (7) Section 534 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 12 U.S.C. 635g (8) Section 3302 of the Omnibus Trade and Competitiveness Act of 1988 ( Public Law 100–418 (9) Section 1105(a) of title 31, United States Code, is amended by striking paragraph (34) and redesignating the succeeding paragraphs of such section as paragraphs (34) through (38), respectively. (10) Section 9101(3) of title 31, United States Code, is amended by striking subparagraph (C). (b) Elimination of related compensation provisions (1) Position at Level III Section 5314 of title 5, United States Code, is amended by striking the following item: President of the Export-Import Bank of Washington. . (2) Positions at Level IV Section 5315 (A) by striking the following item: First Vice President of the Export-Import Bank of Washington. ; and (B) by striking the following item: Members, Board of Directors of the Export-Import Bank of Washington. . (c) Elimination of office of inspector general for the bank Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by striking the President of the Export-Import Bank; (2) in paragraph (2), by striking the Export-Import Bank, (d) Effective date The repeals and amendments made by this section shall take effect on the abolishment date. (e) Report to Congress on other amendments to Federal statute The Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a written report that contains suggestions for such other amendments to Federal statutes as may be necessary or appropriate as a result of this Act. 11. References Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act— (1) to the head of such department or office is deemed to refer to the head of the department or office to which the function is transferred; or (2) to such department or office is deemed to refer to the department or office to which the function is transferred. 12. Definitions In this Act: (1) Function The term function (2) Office The term office (3) Secretary The term Secretary

Export-Import Bank Termination Act

LNG Excise Tax Equalization Act of 2013 - Amends the Internal Revenue Code to adjust the excise tax on liquefied natural gas to 24.3 cents per energy equivalent of a gallon of diesel.

113 S1103 IS: LNG Excise Tax Equalization Act of 2013 U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1103 IN THE SENATE OF THE UNITED STATES June 6, 2013 Mr. Bennet Mr. Burr Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for the equalization of the excise tax on liquefied natural gas and per energy equivalent of diesel. 1. Short title This Act may be cited as the LNG Excise Tax Equalization Act of 2013 2. Findings The Congress finds the following: (1) Liquefied natural gas has an energy content of 74,700 Btu per gallon (lower heating value). (2) Diesel has an energy content of 128,700 Btu per gallon (lower heating value). (3) A gallon of liquefied natural gas only produces 58.04 percent of the energy produced from a gallon of diesel; however, the Federal excise taxes on liquefied natural gas and diesel are both 24.3 cents per gallon. (4) The Federal excise tax on compressed natural gas is 18.3 cents per energy equivalent of a gallon of gasoline. 3. Equalization of excise tax on liquefied natural gas and per energy equivalent of diesel (a) In general Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986 is amended by striking the period at the end of clause (ii) and inserting , and (iii) in the case of liquefied natural gas, 24.3 cents per energy equivalent of a gallon of diesel. . (b) Energy equivalent of a gallon of diesel and administrative provision Paragraph (2) of section 4041(a) of such Code is amended by adding at the end the following: (C) Energy equivalent of a gallon of diesel For purposes of this paragraph, the term energy equivalent of a gallon of diesel (D) Administrative provisions For purposes of applying this title with respect to the taxes imposed by this subsection, references to any liquid subject to tax under this subsection shall be treated as including references to liquefied natural gas subject to tax under this paragraph. . (c) Conforming amendments Section 4041(a)(2)(B)(ii) of such Code is amended— (1) by striking liquefied natural gas, (2) by striking peat), and peat) and (d) Effective date The amendments made by this section shall apply to any sale or use of liquefied natural gas after 14 days after the date of the enactment of this Act.

LNG Excise Tax Equalization Act of 2013

(This measure has not been amended since it was reported to the Senate on June 26, 2014. The summary of that version is repeated here.) Assessing Progress in Haiti Act of 2014 - Expresses the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding U.S. assistance, including assistance to Haiti. Directs the Secretary of State to report to Congress annually through December 31, 2017, on the status of post-earthquake recovery and development efforts in Haiti. Directs the Secretary, through the Assistant Secretary of State for Western Hemisphere Affairs, to coordinate and transmit to Congress a three-year Haiti strategy that: (1) identifies constraints to economic growth and to consolidation of democratic government institutions; (2) includes an action plan that outlines policy tools, technical assistance, and resources for addressing the highest-priority constraints; and (3) identifies specific steps and benchmarks to provide direct bilateral assistance to the government of Haiti.

S1104 ENR: Assessing Progress in Haiti Act of 2014 U.S. Senate 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. One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 1104 IN THE SENATE OF THE UNITED STATES AN ACT To measure the progress of recovery and development efforts in Haiti following the earthquake of January 12, 2010, and for other purposes. 1. Short title This Act may be cited as the Assessing Progress in Haiti Act of 2014 2. Findings Congress makes the following findings: (1) On January 12, 2010, a massive earthquake struck near the Haitian capital city of Port-au-Prince, leaving an estimated 220,000 people dead, including 103 United States citizens, 101 United Nations personnel, and nearly 18 percent of the nation’s civil service, as well as 300,000 injured, 115,000 homes destroyed, and 1,500,000 people displaced. (2) According to the Post Disaster Needs Assessment conducted by the Government of Haiti, with technical assistance from the United Nations, the World Bank, the Inter-American Development Bank, the Economic Commission for Latin America and the Caribbean, and the European Commission, an estimated 15 percent of the population was directly affected by the disaster and related damages and economic losses totaled $7,804,000,000. (3) Even before the earthquake, Haiti had some of the lowest socioeconomic indicators and the second highest rate of income disparity in the world, conditions that have further complicated post-earthquake recovery efforts and, according to the World Bank, have significantly reduced the prospects of addressing poverty reduction through economic growth. (4) According to the World Food Programme, more than 6,700,000 people in Haiti (out of a population of about 10,000,000) are considered food insecure. (5) In October 2010, an unprecedented outbreak of cholera in Haiti resulted in over 500,000 reported cases and over 8,000 deaths to date, further straining the capacity of Haiti’s public health sector and increasing the urgency of resettlement and water, sanitation, and hygiene (WASH) efforts. (6) The international community, led by the United States and the United Nations, mounted an unprecedented humanitarian response in Haiti, with donors pledging approximately $10,400,000,000 for humanitarian relief and recovery efforts, including debt relief, supplemented by $3,100,000,000 in private charitable contributions, of which approximately $6,400,000,000 has been disbursed and an additional $3,800,000,000 has been committed as of September 30, 2013. (7) The emergency response of the men and women of the United States Government, led by the United States Agency for International Development (USAID) and the United States Southern Command, as well as of cities, towns, individuals, businesses, and philanthropic organizations across the United States, was particularly swift and resolute. (8) Since 2010, a total of $1,300,000,000 in United States assistance has been allocated for humanitarian relief and $2,300,000,000 has been allocated for recovery, reconstruction, and development assistance in Haiti, including $1,140,000,000 in emergency appropriations and $95,000,000 that has been obligated specifically to respond to the cholera epidemic. (9) Of the $3,600,000,000 in United States assistance allocated for Haiti, $651,000,000 was apportioned to USAID to support an ambitious recovery plan, including the construction of a power plant to provide electricity for the new Caracol Industrial Park (CIP) in northern Haiti, a new port near the CIP, and permanent housing in new settlements in the Port-au-Prince, St-Marc, and Cap-Haïtien areas. (10) According to a recent report of the Government Accountability Office, as of June 30, 2013, USAID had disbursed 31 percent of its reconstruction funds in Haiti, the port project was 2 years behind schedule and USAID funding will be insufficient to cover a majority of the projected costs, the housing project has been reduced by 80 percent, and the sustainability of the power plant, the port, and the housing projects were all at risk. (11) GAO further found that Congress has not been provided with sufficient information to ensure that it is able to conduct effective oversight at a time when most funding remains to be disbursed, and specifically recommends that a periodic reporting mechanism be instituted to fill this information gap. (12) Donors have encountered significant challenges in implementing recovery programs, and nearly 4 years after the earthquake, an estimated 171,974 people remain displaced in camps, unemployment remains high, corruption is rampant, land rights remain elusive, allegations of wage violations are widespread, the business climate is unfavorable, and government capacity remains weak. (13) For Haiti to achieve stability and long term economic growth, donor assistance will have to be carefully coordinated with a commitment by the Government of Haiti to transparency, a market economy, rule of law, and democracy. (14) The legal environment in Haiti remains a challenge to achieving the goals supported by the international community. 3. Statement of policy It is the policy of the United States to support the sustainable rebuilding and development of Haiti in a manner that— (1) promotes efforts that are led by and support the people and Government of Haiti at all levels so that Haitians lead the course of reconstruction and development of Haiti; (2) builds the long term capacity of the Government of Haiti and civil society in Haiti; (3) reflects the priorities and particular needs of both women and men so they may participate equally and to their maximum capacity; (4) respects and helps restore Haiti’s natural resources, as well as builds community-level resilience to environmental and weather-related impacts; (5) provides timely and comprehensive reporting on goals and progress, as well as transparent post program evaluations and contracting data; (6) prioritizes the local procurement of goods and services in Haiti where appropriate; and (7) promotes the holding of free, fair, and timely elections in accordance with democratic principles and the Haitian Constitution. 4. Sense of Congress It is the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding United States assistance, including assistance to Haiti. 5. Report (a) In general Not later than December 31, 2014, and annually thereafter through December 31, 2017, the Secretary of State shall submit to Congress a report on the status of post-earthquake recovery and development efforts in Haiti. (b) Contents The report required by subsection (a) shall include— (1) a summary of Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity (2) a breakdown of the work that the United States Government agencies other than USAID and the Department of State are conducting in the Haiti recovery effort, and the cost of that assistance; (3) an assessment of the progress of United States efforts to advance the objectives of the Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity (A) a description of any significant changes to the Strategy over the reporting period and an explanation thereof; (B) an assessment of progress, or lack thereof, over the reporting period toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy, including— (i) a description of progress toward designing and implementing a coordinated and sustainable housing reconstruction strategy that addresses land ownership, secure land tenure, water and sanitation, and the unique concerns of vulnerable populations such as women and children, as well as neighborhood and community revitalization, housing finance, and capacity building for the Government of Haiti to implement an effective housing policy; (ii) a description of United States Government efforts to construct and sustain the proposed port, as well as an assessment of the current projected timeline and cost for completion; and (iii) a description of United States Government efforts to attract and leverage the investments of private sector partners to the CIP, including by addressing any policy impediments; (C) a description of the quantitative and qualitative indicators used to evaluate the progress toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy at the program level; (D) the amounts committed, obligated, and expended on programs and activities to implement the Strategy, by sector and by implementing partner at the prime and subprime levels (in amounts of not less than $25,000); and (E) a description of the risk mitigation measures put in place to limit the exposure of United States assistance provided under the Strategy to waste, fraud, and abuse; (4) a description of measures taken to strengthen, and United States Government efforts to improve, Haitian governmental and nongovernmental organizational capacity to undertake and sustain United States-supported recovery programs; (5) as appropriate, a description of United States efforts to consult and engage with Government of Haiti ministries and local authorities on the establishment of goals and timeframes, and on the design and implementation of new programs under the Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity; (6) a description of efforts by Haiti’s legislative and executive branches to consult and engage with Haitian civil society and grassroots organizations on the establishment of goals and timeframes, and on the design and implementation of new donor-financed programs, as well as efforts to coordinate with and engage the Haitian diaspora; (7) consistent with the Government of Haiti’s ratification of the United Nations Convention Against Corruption, a description of efforts of the Governments of the United States and Haiti to strengthen Government of Haiti institutions established to address corruption, as well as related efforts to promote public accountability, meet public outreach and disclosure obligations, and support civil society participation in anti-corruption efforts; (8) a description of efforts to leverage public-private partnerships and increase the involvement of the private sector in Haiti in recovery and development activities and coordinate programs with the private sector and other donors; (9) a description of efforts to address the particular needs of vulnerable populations, including internally displaced persons, women, children, orphans, and persons with disabilities, in the design and implementation of new programs and infrastructure; (10) a description of the impact that agriculture and infrastructure programs are having on the food security, livelihoods, and land tenure security of smallholder farmers, particularly women; (11) a description of mechanisms for communicating the progress of recovery and development efforts to the people of Haiti, including a description of efforts to provide documentation, reporting and procurement information in Haitian Creole; (12) a description of the steps the Government of Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States; and (13) an assessment of actions necessary to be taken by the Government of Haiti to assist in fulfilling the objectives of the Strategy. 6. Strategy (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Western Hemisphere Affairs, shall coordinate and transmit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a three-year Haiti strategy based on rigorous assessments that— (1) identifies and addresses constraints to sustainable, broad-based economic growth and to the consolidation of responsive, democratic government institutions; (2) includes an action plan that outlines policy tools, technical assistance, and anticipated resources for addressing the highest-priority constraints to economic growth and the consolidation of democracy, as well as a specific description of mechanisms for monitoring and evaluating progress; and (3) identifies specific steps and verifiable benchmarks appropriate to provide direct bilateral assistance to the Government of Haiti. (b) Elements The strategy required under subsection (a) should address the following elements: (1) A plan to engage the Government of Haiti on shared priorities to build long-term capacity, including the development of a professional civil service, to assume increasing responsibility for governance and budgetary sustainment of governmental institutions. (2) A plan to assist the Government of Haiti in holding free, fair and timely elections in accordance with democratic principles. (3) Specific goals for future United States support for efforts to build the capacity of the Government of Haiti, including to– (A) reduce corruption; (B) consolidate the rule of law and an independent judiciary; (C) strengthen the civilian police force; (D) develop sustainable housing, including ensuring appropriate titling and land ownership rights; (E) expand port capacity to support economic growth; (F) attract and leverage the investments of private sector partners, including to the Caracol Industrial Park; (G) promote large and small scale agricultural development in a manner that reduces food insecurity and contributes to economic growth; (H) improve access to potable water, expand public sanitation services, reduce the spread of infectious diseases, and address public health crises; (I) restore the natural resources of Haiti, including enhancing reforestation efforts throughout the country; and (J) gain access to safe, secure, and affordable supplies of energy in order to strengthen economic growth and energy security. (c) Consultation In devising the strategy required under subsection (a), the Secretary should— (1) coordinate with all United States Government departments and agencies carrying out work in Haiti; (2) consult with the Government of Haiti, including the National Assembly of Haiti, and representatives of private and nongovernmental sectors in Haiti; and (3) consult with relevant multilateral organizations, multilateral development banks, private sector institutions, nongovernmental organizations, and foreign governments present in Haiti. (d) Briefings The Secretary of State, at the request of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, shall provide a quarterly briefing that reviews progress of the implementation of the strategy required under subsection (a). Speaker of the House of Representatives Vice President of the United States and President of the Senate

Assessing Progress in Haiti Act of 2014

Currency Optimization, Innovation, and National Savings Act - Requires the Board of Governors of the Federal Reserve System (Federal Reserve Board) to sequester all $1 coins bearing the design common to those $1 coins minted and issued from 1979-1981 and again in 1999. Allows the release of such sequestered coins to collectible coin dealers and countries that have adopted the U.S. dollar as their base unit of exchange. Directs the Federal Reserve Board to: (1) undertake efforts to improve, and remove barriers to, the circulation of all other $1 coins; and (2) work with the U.S. Mint, consumer groups, media outlets, and schools to publicize the Presidential $1 Coin Program. Declares it is U.S. policy that after consumers and retailers are comfortable using and able to obtain adequate supplies of $1 coins, such $1 coins should replace $1 Federal Reserve notes as the only $1 monetary unit issued and circulated by the Federal Reserve System.

113 S1105 IS: Currency Optimization, Innovation, and National Savings Act U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1105 IN THE SENATE OF THE UNITED STATES June 6, 2013 Mr. Harkin Mr. McCain Mr. Coburn Mr. Enzi Mr. Udall of Colorado Committee on Banking, Housing, and Urban Affairs A BILL To improve the circulation of $1 coins, to remove barrier to the circulation of such coins, and for other purposes. 1. Short title This Act may be cited as the Currency Optimization, Innovation, and National Savings Act 2. Improving circulation and removing barriers to circulation of $1 coins (a) Duties of the Board of Governors of the Federal Reserve System (1) Coin sequestration (A) In general Not later than 6 months after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall sequester all $1 coins bearing the design common to those $1 coins minted and issued from 1979–1981 and again in 1999. (B) Treatment of coins Coins sequestered pursuant to subparagraph (A) shall not be returned to ordinary circulation or otherwise released from storage controlled by the Federal Reserve System or an agent of the Federal Reserve System. (C) Exception for certain uses Notwithstanding subparagraph (B), coins sequestered pursuant to subparagraph (A) may be released, at face value and in bulk quantities— (i) to dealers in collectible coins; and (ii) to countries that have adopted the United States dollar as their base unit of exchange. (D) Obsolete coins At the end of the 1-year period beginning on the date of enactment of this Act, the Secretary of the Treasury shall declare all coins described under subparagraph (A) to be obsolete, and such coins— (i) shall be treated in the same manner as all other obsolete United States coins; and (ii) to the extent that such coins remain in general circulation, shall remain legal tender. (2) Quarterly report on $1 coins The Board of Governors of the Federal Reserve System shall issue quarterly reports to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on— (A) the number of coins sequestered pursuant to paragraph (1)(A); (B) the number of coins described in paragraph (1)(A) that remain in general circulation; and (C) efforts that have been made to reduce the number of coins described in subparagraphs (A) and (B) to zero. (3) Improvement of circulation The Board of Governors of the Federal Reserve System shall— (A) undertake efforts to improve the circulation and remove barriers to the circulation of the $1 coin, other than those coins described under paragraph (1)(A); (B) issue a quarterly report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on— (i) what efforts have been made to improve the circulation of $1 coins and what efforts are being planned to improve the circulation of $1 coins; (ii) the success of such efforts, including an analysis of such coins held in storage owned or controlled by the Federal Reserve System and the number such coins in circulation; (iii) barriers to the circulation of such coins, including the availability of such coins in quantities unmixed with the $1 coins described in paragraph (1)(A); and (iv) the extent to which the Federal Reserve System and any agents of the Federal Reserve System are unable to meet end-user requests for delivery of unmixed quantities of such coins in whatever form such end user requires, including rolls, disposable tubes, or volume bags of such coins. (4) Outreach and education The Board of Governors of the Federal Reserve System shall, within existing programs, continuously conduct outreach and education programs aimed at helping each business using or accepting cash to choose the best mix of $1 coins and banknotes to facilitate transactions and reduce costs of transactions and of cashing out (5) Use of $1 coins by foreign countries The Board of Governors of the Federal Reserve System shall work with the Departments of State and Treasury to ensure that countries that have adopted the dollar as a base unit of exchange and which place orders with the Federal Reserve System, or through any United States financial institution, for supplies of $1 monetary units, are fully briefed before placing each such order on the durability and longevity of $1 coins in high-circulation economies when used for transactions of a low dollar value. (b) Publicity requirement Section 5112(p)(2) Mint and the Board of Governors of the Federal Reserve System (c) Report on implementation Not later than the end of the 1-year period beginning on the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States and the Inspectors General of the Federal Reserve System and the Bureau of Consumer Financial Protection shall each issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on steps being taken by the Board of Governors of the Federal Reserve System to carry out this Act. (d) Clarification with respect to seigniorage The ninth proviso of section 5136 of title 31, United States Code, is amended by inserting after miscellaneous receipts , and such amount shall be included as an estimated receipt of the Government and a receipt of the Government under paragraphs (6) and (7), respectively, of section 1105(a) in any budget submitted under such section 3. Saving taxpayers funds by transitioning to the use of $1 coins (a) In general It is the policy of the United States that after $1 coins achieve sufficient market penetration such that consumers and retailers are comfortable using $1 coins and are able to obtain adequate supplies of $1 coins, $1 coins should replace $1 Federal Reserve notes as the only $1 monetary unit issued and circulated by the Federal Reserve System. (b) Deadline for placing $1 Federal Reserve notes into circulation Federal Reserve banks may continue to place into circulation $1 Federal Reserve notes until the earlier of— (1) the date on which the number of $1 coins placed into circulation after the date of the enactment of this Act exceeds 600,000,000 annually; or (2) the date that is 4 years after the date of the enactment of this Act. (c) Transition period After the date referred to in subsection (b), a Federal Reserve bank may not order additional $1 Federal Reserve notes but may, for a period of one year, continue to place into circulation $1 Federal Reserve notes on hand or those deposited with it, except for notes described in subsection (d). (d) Removal of unfit currency After the date referred to in subparagraph (b), a Federal Reserve bank shall continue to remove unfit currency from circulation, and shall continue to destroy such currency. (e) Exception Notwithstanding subsections (b) and (c), the Board of Governors of the Federal Reserve System shall produce such Federal Reserve notes of $1 denomination as the Board of Governors determines from time to time are appropriate solely to meet the needs of collectors of that denomination. Such notes shall be issued by one or more Federal Reserve banks in accordance with section 16 of the Federal Reserve Act and sold by the Board of Governors, in whole or in part, under procedures prescribed by the Board of Governors. (f) No effect on legal tender Notwithstanding any other subsection of this section, $1 Federal Reserve notes are legal tender in the United States for all debts, public and private, public charges, taxes, and duties, regardless of the date of printing or issue.

Currency Optimization, Innovation, and National Savings Act

Native Hawaiian Education Act - Amends the Native Hawaiian Education Act to revise the duties and composition of the Native Hawaiian Education Council. (The Native Hawaiian Education Council coordinates the educational and related services and programs available to Native Hawaiians.) Requires the Council to be composed of 15 members who: (1) are from certain educational, governmental, Trust, and grant-making entities; and (2) demonstrate at least five years of experience as consumers or providers of Native Hawaiian education or cultural activities. Directs the Council, in addition to its existing duties, to: (1) serve as a clearinghouse for the educational and related services and programs available to Native Hawaiians, and (2) provide technical assistance to Native Hawaiian organizations that apply for or receive Native Hawaiian Education program grants. Requires the Council to hold at least one community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai regarding Native Hawaiian education program grants and other education issues. Eliminates the requirement that the council meet at least four times each year with an island council composed of parents, students, and other Native Hawaiian education stakeholders. Includes charter schools as eligible recipients of Native Hawaiian Education program grants, in addition to Native Hawaiian education organizations, Native Hawaiian community-based organizations, and public and private nonprofit entities. Gives grant priority to programs that: (1) meet the educational priorities established by the Council; (2) repair and renovate public schools that serve high concentrations of Native Hawaiian students; (3) meet the unique cultural and language needs of Native Hawaiian students in order to help them meet challenging state academic achievement standards; and (4) involve states, local educational agencies, or institutions of higher education in partnerships or consortia. Requires the Secretary of Education to use funds made available for Native Hawaiian Education program grants before this Act's enactment to support: (1) the development of a body of Native Hawaiian law; (2) the repair and renovation of public schools that serve high concentrations of Native Hawaiian students; (3) access to Hawaiian culture and history through digital archives; (4) informal education programs that connect traditional Hawaiian knowledge, science, astronomy, and the environment through state museums or learning centers; and (5) public charter schools serving high concentrations of Native Hawaiian students. Authorizes appropriations for such grants through FY2019.

113 S1107 IS: Native Hawaiian Education Act U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1107 IN THE SENATE OF THE UNITED STATES June 6, 2013 Ms. Hirono Mr. Schatz Ms. Murkowski Mr. Begich Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 regarding Native Hawaiian education. 1. Short title This Act may be cited as the Native Hawaiian Education Act 2. Findings Section 7202 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7512 7202. Findings Congress finds the following: (1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, the United Kingdom, France, and Japan, as evidenced by treaties governing friendship, commerce, and navigation. (2) The United States has recognized and reaffirmed that— (A) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands, and that group has never relinquished its claims to sovereignty or its sovereign lands; (B) the United States furnishes services to Native Hawaiians because of their unique status as the indigenous people of a once sovereign nation with whom the United States has established a trust relationship; (C) Congress has also delegated broad authority to administer a portion of the Federal trust responsibility to the State of Hawaii; (D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; and (E) the aboriginal, indigenous people of the United States have— (i) a continuing right to autonomy in their internal affairs; and (ii) an ongoing right of self-determination and self-governance that has never been extinguished. (3) The political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of Native Hawaiians in— (A) the Native American Programs Act of 1974 ( 42 U.S.C. 2991 et seq. (B) Public Law 95–341 (commonly known as the American Indian Religious Freedom Act (C) the National Museum of the American Indian Act ( 20 U.S.C. 80q et seq. (D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (E) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. (F) the Native American Languages Act ( 25 U.S.C. 2901 et seq. (G) the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et seq.); (H) the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. (I) the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. (4) In 1993, 2005, and 2009, the Kamehameha Schools Bishop Estate released the findings of the Native Hawaiian Educational Assessment Project, which found that despite the successes of the programs established under title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, many of the same educational needs still existed for Native Hawaiians. Subsequent reports by the Kamehameha Schools Bishop Estate and other organizations have generally confirmed those findings. For example— (A) Native Hawaiian students continue to begin their school experience lagging behind other students in terms of readiness factors such as vocabulary test scores; (B) Native Hawaiian students continue to score below national norms on standardized education achievement tests at all grade levels; (C) both public and private schools continue to show a pattern of lower percentages of Native Hawaiian students in the uppermost achievement levels and in gifted and talented programs; (D) Native Hawaiian students continue to be overrepresented among students qualifying for special education programs provided to students with learning disabilities, mild mental retardation, emotional impairment, and other such disabilities; (E) Native Hawaiians continue to be underrepresented in institutions of higher education and among adults who have completed four or more years of college; and (F) Native Hawaiians continue to be disproportionately represented in many negative social and physical statistics indicative of special educational needs. (5) The number of Native Hawaiian students served by the State of Hawaii Department of Education has risen from 20 percent in 1980 to 26 percent in 2008, and there are, and will continue to be, geographically rural, isolated areas with a high Native Hawaiian population density. (6) Despite the consequences of more than 100 years of nonindigenous influence, the Native Hawaiian people are determined to preserve, develop, and transmit to future generations their ancestral territory and their cultural identity, in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions. (7) The State of Hawaii, in the constitution and statutes of the State of Hawaii— (A) reaffirms and protects the unique right of the Native Hawaiian people to practice and perpetuate their culture and religious customs, beliefs, practices, and language; (B) recognizes the traditional language of the Native Hawaiian people as an official language of the State of Hawaii, which may be used as the language of instruction for all subjects and grades in the public school system; and (C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and essential means to further the program. . 3. Purposes Section 7203 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7513 7203. Purposes The purposes of this part are— (1) to authorize, develop, implement, assess, and evaluate innovative educational programs, Native Hawaiian language medium programs, Native Hawaiian culture-based education programs, and other education programs to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs in order to help such students meet challenging State student academic achievement standards; (2) to provide guidance to appropriate Federal, State, and local agencies to more effectively and efficiently focus resources, including resources made available under this part, on the development and implementation of— (A) innovative educational programs for Native Hawaiians; (B) rigorous and substantive Native Hawaiian language programs; and (C) Native Hawaiian culture-based educational programs; and (3) to create a system by which information from programs funded under this part will be collected, analyzed, evaluated, reported, and used in decisionmaking activities regarding the types of grants awarded under this part. . 4. Native Hawaiian Education Council Grant Section 7204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7514 7204. Native Hawaiian Education Council Grant (a) Grant Authorized In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to an education council, as described under subsection (b). (b) Education Council (1) Eligibility To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the Education Council (2) Composition The Education Council shall consist of 15 members of whom— (A) 1 shall be the President of the University of Hawaii (or a designee); (B) 1 shall be the Governor of the State of Hawaii (or a designee); (C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); (D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); (E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee); (F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); (G) 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee); (H) 1 shall be a member, selected by the other members of the Education Council, who represents a private grant-making entity; (I) 1 shall be the Mayor of the County of Hawaii (or a designee); (J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui); (K) 1 shall be the Mayor of the County of Kauai (or a designee); (L) 1 shall be appointed by the Mayor of Maui County from the Island of either Molokai or Lanai; (M) 1 shall be the Mayor of the City and County of Honolulu (or a designee); (N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and (O) 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector). (3) Requirements Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian education or cultural activities, with traditional cultural experience given due consideration. (4) Limitation A member (including a designee), while serving on the Education Council, shall not be a recipient of grant funds that are awarded under this part. (5) Term of members A member who is a designee shall serve for a term of not more than 4 years. (6) Chair, vice chair (A) Selection The Education Council shall select a Chair and a Vice Chair from among the members of the Education Council. (B) Term limits The Chair and Vice Chair shall each serve for a 2-year term. (7) Administrative provisions relating to education council The Education Council shall meet at the call of the Chair of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. (8) No compensation None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. (c) Use of Funds for Coordination Activities The Education Council shall use funds made available through the grant to carry out each of the following activities: (1) Providing advice about the coordination, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part. (2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education. (3) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity. (4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3). (5) Hiring an executive director who shall assist in executing the duties and powers of the Education Council, as described in subsection (d). (d) Use of Funds for Technical Assistance The Education Council shall use funds made available through the grant to— (1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; (2) obtain from such grantees information and data regarding grants awarded under this part, including information and data about— (A) the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and (B) the effectiveness of such grantees in carrying out any of the activities described in section 7205(c) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these priorities; (3) assess and define the educational needs of Native Hawaiians; (4) assess the programs and services available to address the educational needs of Native Hawaiians; (5) assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and (6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains— (A) a description of the activities of the Education Council during the calendar year; (B) a description of significant barriers to achieving the goals of this part; (C) a summary of each community consultation session described in subsection (e); and (D) recommendations to establish priorities for funding under this part, based on an assessment of— (i) the educational needs of Native Hawaiians; (ii) programs and services available to address such needs; (iii) the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State student academic achievement standards; and (iv) priorities for funding in specific geographic communities. (e) Use of Funds for Community consultations The Education Council shall use funds made available though the grant under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which— (1) not less than 3 members of the Education Council shall be in attendance; (2) the Education Council shall gather community input regarding— (A) current grantees under this part, as of the date of the consultation; (B) priorities and needs of Native Hawaiians; and (C) other Native Hawaiian education issues; and (3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part. (f) Funding For each fiscal year, the Secretary shall use the amount described in section 7206(d)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended. (g) Report Beginning not later than 2 years after the date of enactment of the Native Hawaiian Education Act (1) summarizes the annual reports of the Education Council; (2) describes the allocation and use of funds under this part and the information gathered since the first annual report submitted by the Education Council to the Secretary under this section; and (3) contains recommendations for changes in Federal, State, and local policy to advance the purposes of this part. . 5. Grant program authorized Section 7205 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7515 et seq. 7205. Grant Program authorized (a) Grants and contracts In order to carry out programs that meet the purposes of this part, the Secretary is authorized to award grants to, or enter into contracts with— (1) Native Hawaiian educational organizations; (2) Native Hawaiian community-based organizations; (3) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian education and workforce development programs or programs of instruction in the Native Hawaiian language; (4) charter schools; and (5) consortia of the organizations, agencies, and institutions described in paragraphs (1) through (4). (b) Priority In awarding grants and entering into contracts under this part, the Secretary shall give priority to— (1) programs that meet the educational priority recommendations of the Education Council, as described under section 7204(d)(6)(E); (2) the repair and renovation of public schools that serve high concentrations of Native Hawaiian students; (3) programs designed to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs in order to help such students meet challenging State student academic achievement standards, including activities relating to— (A) achieving competence in reading, literacy, mathematics, and science for students in preschool through grade 3; (B) the educational needs of at-risk children and youth; (C) professional development for teachers and administrators; (D) the use of Native Hawaiian language and preservation or reclamation of Native Hawaiian culture-based educational practices; (E) preparation for employment in fields in which Native Hawaiians are underemployed or underrepresented; and (F) other programs relating to the activities described in this part; and (4) programs in which a State educational agency, local educational agency, institution of higher education, or a State educational agency or local educational agency in partnership with an institution of higher education apply for a grant or contract under this part as part of a partnership or consortium. (c) Authorized activities Activities provided through programs carried out under this part may include— (1) the development and maintenance of a statewide Native Hawaiian early education and care system to provide a continuum of high-quality early learning services for Native Hawaiian children from the prenatal period through the age of kindergarten entry; (2) the operation of family-based education centers that provide such services as— (A) programs for Native Hawaiian parents and infants from the prenatal period through age 3; (B) early care and education programs for Native Hawaiians; and (C) research on, and development and assessment of, family-based, early childhood, and preschool programs for Native Hawaiians; (3) activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6; (4) activities to meet the special needs of Native Hawaiian students with disabilities, including— (A) the identification of such students and their needs; (B) the provision of support services to the families of such students; and (C) other activities consistent with the requirements of the Individuals with Disabilities Education Act; (5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— (A) educational, psychological, and developmental activities designed to assist in the educational progress of such students; and (B) activities that involve the parents of such students in a manner designed to assist in the educational progress of such students; (6) the development of academic and vocational curricula to address the needs of Native Hawaiian children and adults, including curricula materials in the Hawaiian language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture; (7) professional development activities for educators, including— (A) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions; (B) in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such students; and (C) the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers; (8) the operation of community-based learning centers that address the needs of Native Hawaiian families and communities through the coordination of public and private programs and services, including— (A) early care and education programs; (B) before- and after-school programs and weekend academies; (C) career and technical and adult education programs; and (D) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors; (9) activities, including program co-location, to enable Native Hawaiians to enter and complete programs of postsecondary education, including— (A) subject to subsection (f), the provision of full or partial scholarships for undergraduate or graduate study that are awarded to students based on their academic promise and financial need, with a priority, at the graduate level, given to students entering professions in which Native Hawaiians are underrepresented; (B) family literacy services; (C) counseling and support services for students receiving scholarship assistance; (D) counseling and guidance for Native Hawaiian secondary school students who have the potential to receive scholarships; (E) assistance with completing the college admissions and financial aid application processes; and (F) faculty development activities designed to promote the matriculation of Native Hawaiian students; (10) research and data collection activities to determine the educational status and needs of Native Hawaiian children and adults; (11) other research and evaluation activities related to programs carried out under this part; and (12) other activities, consistent with the purposes of this part, to meet the educational needs of Native Hawaiian children and adults. (d) Additional activities Notwithstanding any other provision of this part, funds made available to carry out this section as of the day before the date of enactment of the Native Hawaiian Education Act (1) The development of a body of Native Hawaiian law. (2) The repair and renovation of public schools that serve high concentrations of Native Hawaiian students. (3) The perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. (4) Informal education programs that connect traditional Hawaiian knowledge, science, astronomy, and the environment through State museums or learning centers. (5) Public charter schools serving high concentrations of Native Hawaiian students. (e) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of funds provided to a recipient of a grant or contract under this section for any fiscal year may be used for administrative purposes. (2) Exception The Secretary may waive the requirement of paragraph (1) for a nonprofit entity that receives funding under this section and allow not more than 10 percent of funds provided to such nonprofit entity under this section for any fiscal year to be used for administrative purposes. (f) Scholarship rule and conditions (1) Institutions outside Hawaii The Secretary shall not establish a policy under this section that prevents a Native Hawaiian student enrolled at a 2- or 4-year degree-granting institution of higher education outside of the State of Hawaii from receiving a scholarship pursuant to subsection (c)(9)(A). (2) Scholarship conditions The Secretary shall establish conditions for receipt of a scholarship awarded under subsection (c)(9)(A). The conditions shall require that an individual seeking such a scholarship enter into a contract to provide professional services to the Native Hawaiian community, either during the scholarship period or upon completion of a program of postsecondary education. . 6. Administrative provisions; authorization of appropriations Section 7206 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7516 7206. Administrative provisions (a) Application required No grant may be made under this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this part. (b) Direct grant applications The Secretary shall provide a copy of all direct grant applications to the Education Council. (c) Supplement not supplant (1) In general Except as provided in paragraph (2), funds made available under this part shall be used to supplement, and not supplant, any State or local funds used to achieve the purposes of this part. (2) Exception Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization that receives a grant or other funds under this part. (d) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section, and sections 7204 and 7205, such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (2) Reservation Of the funds appropriated under this subsection, the Secretary shall reserve, for each fiscal year after the date of enactment of the Native Hawaiian Education Act (3) Availability Funds appropriated under this subsection shall remain available until expended. . 7. Definitions Section 7207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 (1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following: (1) Community consultation The term community consultation (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. .

Native Hawaiian Education Act

Local Taxpayer Relief Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to make permanent amendments made to the Impact Aid program (which compensates local educational agencies [LEAs] for the financial burden of federal activities affecting their school districts) by the Impact Aid Improvement Act of 2012 that: require the valuation of the federal property located within the boundaries of an LEA by calculating the valuation, for property tax purposes, of all property within the LEA's boundaries and then multiplying that value by the proportion of that property that is federal property; alter the formula for determining the foundation payments due LEAs for federal ownership of property when appropriations for a fiscal year are insufficient to provide them with full compensation; alter the formula for determining the payments due LEAs for eligible federally-connected children who are displaced from federal property or Indian lands due to housing renovation or rebuilding; and direct the Secretary of Education to complete Impact Aid payments to eligible LEAs within three fiscal years of their appropriation. (Such amendments are currently set to expire on January 2, 2015.) Alters the formula for determining the payments due LEAs for eligible federally-connected children. Includes not only children in average daily attendance, but also those enrolled pursuant to a state open enrollment policy. Continues an LEA's eligibility for such payments while activities associated with military base closures and realignments or force structure changes or relocations are ongoing. Allows the calculation of such payments using current student counts instead of prior fiscal year data when LEAs experience a specified influx of new federally-connected students due to federal activities or the closure of an LEA that was receiving Impact Aid due to federally-connected children. Requires the Secretary to allow LEAs to count their federally-connected children using the date they register their students for the fiscal year for which their application is filed. Alters the formula for determining the construction payments due LEAs that are eligible for other Impact Aid payments. Divides 80% of the construction funds evenly between LEAs impacted by military dependent children and LEAs impacted by children residing on Indian lands, with the remainder reserved for emergency repair and modernization grants to LEAs serving Indian lands or experiencing a specified influx of new students due to federal activities. Alters the formula for determining whether a state's plan for equalizing assistance to its LEAs will except it from the prohibition on state aid to LEAs being affected by Impact Aid payments. Requires new LEAs applying for Impact Aid to have boundaries established by state law and the authority to tax or receive an imputed local tax. Reauthorizes appropriations for the Impact Aid program through FY2017.

113 S1108 IS: Local Taxpayer Relief Act U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1108 IN THE SENATE OF THE UNITED STATES June 6, 2013 Ms. Hirono Mr. Thune Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the impact aid program under the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Local Taxpayer Relief Act 2. Payments relating to Federal acquisition of real property (a) Amendments Section 8002 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7702 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking for a fiscal year ending prior to October 1, 2003 (B) in the flush text following paragraph (2), by inserting or (h) subsection (b) (2) in subsection (b)— (A) by striking paragraph (2) and inserting the following: (2) Application of current levied real property tax rate In calculating the amount that a local educational agency is eligible to receive for a fiscal year, the Secretary shall apply the current levied real property tax rate for current expenditures levied by fiscally independent local educational agencies, or imputed for fiscally dependent local educational agencies, to the current annually determined estimated taxable value of such acquired Federal property as calculated under paragraph (3). ; and (B) by striking paragraph (3) and inserting the following: (3) Determination of taxable value for eligible Federal property (A) In general In determining the total taxable value of such acquired Federal property for fiscal year 2010 and each succeeding fiscal year, the Secretary shall— (i) first determine the total taxable value for the purpose of levying property tax for school purposes for current expenditures of real property located within the boundaries of such local educational agency; (ii) then determine the per acre value of the eligible Federal property by dividing the total taxable value as determined in clause (i), by the difference between the total acres located within the boundaries of the local educational agency and the number of Federal acres eligible under this section; and (iii) then determine the total taxable value of the eligible Federal property by multiplying the per acre value as calculated under clause (ii) by the number of Federal acres eligible under this section. (B) Special rule In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies, any one of the local educational agencies affected may ask the Secretary to calculate the per acre value of each local educational agency as provided under subparagraph (A) and apply the average of the per acre values to the acres of the Federal property to the agency or agencies making such request. ; (3) in subsection (f), by striking paragraphs (4) and (5); (4) by striking subsection (g) and inserting the following: (g) Former districts (1) Consolidations For fiscal year 2006 and all succeeding fiscal years, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility and any amount for which the local educational agency is eligible under this section for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency. (2) Eligible local educational agencies A local educational agency referred to in paragraph (1) is— (A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under, section 2(c) of the Act of September 20, 1950 (Public Law 874, 81st Congress), as that section was in effect for that fiscal year; or (B) a local educational agency formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation, if— (i) for fiscal years 2006 through 2013, the local educational had notified the Secretary of the designation not later than 30 days after the date of enactment of the Local Taxpayer Relief Act; and (ii) for fiscal year 2014 and any subsequent fiscal year, the local educational agency includes the designation in its application under section 8005 or any timely amendment to such application. (3) Availability of funds Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2005, the Secretary may obligate funds remaining after final payments have been made from any of such fiscal years to carry out this subsection. ; (5) in subsection (h)— (A) in paragraph (1)— (i) in the paragraph heading, by striking For pre-1995 recipients For pre-2010 recipients (ii) by striking subparagraphs (A) and (B) and inserting the following: (A) In general The Secretary shall first make a foundation payment to each local educational agency that is determined by the Secretary to be eligible to receive a payment under this section for the fiscal year involved and that filed a timely application, and met, or has been determined by statute to meet, the eligibility requirements of subsection (a) for fiscal year 2009. (B) Amount (i) In general The amount of a payment under subsection (b) for a local educational agency shall be equal to the greater of 90 percent of the payment the local educational agency received from dollars appropriated for fiscal year 2009 or 90 percent of the average payment that the local educational agency received from dollars appropriated for fiscal years 2006, 2007, 2008, and 2009, and shall be calculated without regard to the provisions in subsection (b)(1)(A)(i)(III) or (b)(1)(C). (ii) Exception In calculating such average payment for a local educational agency that did not receive a payment under subsection (b) for 1 or more of the fiscal years between fiscal year 2006 and 2009, inclusive, the lowest such payment made to the agency for fiscal year 2006, 2007, 2008, or 2009, shall be treated as the payment that the agency received under subsection (b) for each fiscal year for which the agency did not receive such a payment. ; and (B) by striking paragraphs (2) through (4) and inserting the following: (2) Foundation payments for new applicants (A) First year From any amounts remaining after making payments under paragraph (1) and subsection (i)(1) for the fiscal year involved, the Secretary shall make a payment in an amount determined in accordance with subparagraph (C), to each local educational agency that the Secretary determines eligible for a payment under this section for a fiscal year after fiscal year 2009 and that did not receive a payment under paragraph (1) for the fiscal year for which such agency was determined eligible for such payment. (B) Second and succeeding years For any succeeding fiscal year after the first fiscal year that a local educational agency receives a foundation payment under subparagraph (A), the amount of the local educational agency’s foundation payment under this paragraph for such succeeding fiscal year shall be equal to the local educational agency’s foundation payment under this paragraph for the first fiscal year. (C) Amounts The amount of a payment under subparagraph (A) for a local educational agency shall be determined as follows: (i) Calculate the local educational agency’s maximum payment under subsection (b). (ii) Calculate the percentage that the amount appropriated under section 8014(a) for the most recent fiscal year for which the Secretary has completed making payments under this section is of the total maximum payments for such fiscal year for all local educational agencies eligible for a payment under subsection (b) and multiply the agency’s maximum payment by such percentage. (iii) Multiply the amount determined under clause (ii) by 90 percent. (D) Insufficient funds If the amount appropriated under section 8014(a) of this title is insufficient to pay the full amount determined under this paragraph for all eligible local educational agencies for this fiscal year, then the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. (3) Remaining funds From any funds remaining after making payments under paragraphs (1) and (2) for the fiscal year involved, the Secretary shall make a payment to each local educational agency that received a foundation payment under paragraph (1) or (2) or subsection (i)(1), for the fiscal year involved in an amount that bears the same relation to the remainder as a percentage share determined for the local educational agency (by dividing the maximum amount that the agency is eligible to receive under subsection (b) by the total of the maximum amounts for all such agencies) bears to the percentage share determined (in the same manner) for all local educational agencies eligible to receive a payment under this section for the fiscal year involved, except that, for the purpose of calculating a local educational agency’s maximum amount under subsection (b), data from the most current fiscal year shall be used. (4) Data For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Local Taxpayer Relief Act was enacted, the Secretary shall not make a payment under paragraph (3) to a local educational agency that fails to submit, within 60 days of the date the Secretary notified the agency that the information is needed, the data necessary to calculate the maximum amount of a payment under subsection (b) for that local educational agency. ; (6) by striking subsections (k) and (m); and (7) by redesignating subsections (l) and (n) as subsections (j) and (k), respectively. (b) Effective date Notwithstanding the date of enactment of this Act, the amendments made by this section shall apply to applications submitted for fiscal year 2010 and all succeeding fiscal years. 3. Payments for eligible federally connected children Section 8003 of that Act ( 20 U.S.C. 7703 (1) in subsection (a)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after such agency, including those children enrolled in a State that has a State open enrollment policy (but not including those children enrolled in a distance learning program not residing within the defined boundaries of the agency), (B) by striking paragraph (4) and inserting the following: (4) Military installation and Indian housing undergoing renovation or rebuilding (A) Military installation housing Beginning in fiscal year 2014, in determining the amount of a payment for a local educational agency for children described in paragraph (1)(D)(i), the Secretary shall consider those children as if they were children described in paragraph (1)(B) if the Secretary determines, on the basis of a certification provided to the Secretary of Defense, that those children would have resided in housing on Federal property if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(B) shall not exceed the lessor of— (i) the total number of children eligible under paragraph (1)(B) for the year prior to the initiation of the housing project on Federal property undergoing renovation or rebuilding; or (ii) the total number of federally connected children enrolled in the local educational agency as stated in the application filed for the payment for the year for which the determination is made. (B) Indian lands Beginning in fiscal year 2014, in determining the amount of a payment for a local educational agency that received a payment for children that resided on Indian lands in accordance with paragraph (1)(C) for the fiscal year prior to the fiscal year for which the local educational agency is making an application, the Secretary shall consider those children to be children described in paragraph (1)(C) if the Secretary determines on the basis of certification provided to the Secretary by a designated representative of the Secretary of the Interior or the Secretary of Housing and Urban Development that those children would have resided in housing on Indian lands if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(C) shall not exceed the lessor of— (i) the total number of children eligible under paragraph (1)(C) for the year prior to the initiation of the housing project on Indian lands undergoing renovation or rebuilding; or (ii) the total number of federally connected children enrolled in the local educational agency as stated in the application filed for the payment for the year for which the determination is made. (C) Eligible housing Renovation or rebuilding shall be defined as projects considered as capitalization, modernization, or restoration, as defined by the Secretary of Defense or the Secretary of the Interior (as the case may be) and are projects that last more than 30 days, but do not include sustainment projects ; and (C) in paragraph (5)(A), by striking 1984, to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility upon which such housing is situated. 1984, or under lease of off-base property under subchapter IV of chapter 169 of part IV of subtitle (A) of title 10 of the United States Code (10 U.S.C. 2871 et seq.) to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility or attached to and under any type of force protection agreement with the military installation where such housing is situated. (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (B)— (I) in the subparagraph heading by striking continuing (II) by amending clause (i) to read as follows: (i) In general A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I) is a local educational agency whose boundaries are the same as a Federal military installation or the boundaries are the same as island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government and the agency has no taxing authority; (II) is a local educational agency— (aa) that has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; (bb) that has a per-pupil expenditure that is less than— (AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or (BB) for an agency that has a total student enrollment of less than 500, 150 percent of the average per-pupil expenditure of the State in which the agency is located, or the average per pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc) that is an agency that— (AA) has a tax rate for general fund purposes that is at least 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or (BB) was eligible to receive a payment under this subsection for fiscal year 2013 and is located in a State that by State law has eliminated ad valorem tax as a revenue source for local educational agencies; (III) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or (IV) is a local educational agency that was eligible for and received a payment under this paragraph in fiscal year 2012 and— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent; (bb) for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; and (cc) has a tax rate for general fund purposes which is not less than 1.25 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State. ; (III) by amending clause (ii) to read as follows: (ii) Loss of eligibility (I) In general Subject to subclause (II), a heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of clause (i) for a subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. (II) Exception A local educational agency that is eligible under subparagraph (A) but whose tax rate for general fund purposes falls below 95 percent of the average tax rate for general fund purposes of local educational agencies in the State for 2 consecutive years shall lose its eligibility and be subject to subclause (I). ; (IV) by amending clause (iii) to read as follows: (iii) Application With respect to the first year for which a heavily impacted local educational agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect to the first fiscal year for which a heavily impacted local educational agency applies for a basic support payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal years, the agency shall apply for such payment at least 1 year prior to the start of that fiscal year. ; and (V) by adding the following after clause (iii): (iv) Special rule Notwithstanding clause (i)(II), a local educational agency shall be considered eligible to receive a basic support payment under subparagraph (A) with respect to the number of children determined under subsection (a)(1) if the agency— (I) has an enrollment of children described in subsection (a)(1), including, for purposes of determining eligibility, those children described in subparagraphs (F) and G) of such subsection, that constitutes a percentage of the total student enrollment of the agency that is not less than 35 percent; and (II) was eligible to receive assistance under subsection (b)(2) for fiscal year 2001. ; (ii) by amending subparagraph (C) to read as follows: (C) Maximum amount for heavily impacted local educational agencies (i) In general The maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— (I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or (II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made. (ii) Special rule (I) (aa) For a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and has an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb) For any local educational agency that received a payment under this clause in fiscal year 2012, the local educational agency shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total enrollment. (II) For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. (III) For a local educational agency that does not qualify under subparagraph (B)(i)(I) of this subsection and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. ; (iii) by amending subparagraph (D) to read as follows: (D) Maximum amount for large heavily impacted local educational agencies (i) (I) Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). (II) A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35. ; (iv) by striking subparagraph (E); (v) by redesignating subparagraph (F) as subparagraph (E); (vi) in subparagraph (E) (as so redesignated by clause (v))— (I) by striking clause (ii); (II) by striking ; and (III) by striking the Secretary shall use the Secretary shall use (vii) by redesignating subparagraph (G) as subparagraph (F); (viii) in subparagraph (F) (as so redesignated by clause (vii)), in the matter preceding clause (i), by striking (C)(i)(II)(bb) (B)(i)(II)(bb)(BB) (ix) by redesignating subparagraph (H) as subparagraph (G); and (x) in subparagraph (G) (as so redesignated by clause (ix))— (I) in clause (i)— (aa) by striking (B), (C), (D). or (E), (B), (C), or (D), (bb) by striking by reason of due to (cc) by inserting after clause (iii), or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation, (dd) by inserting before the period at the end the following: or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation is ongoing (II) in clause (ii), by striking (D) or (E) (C) or (D) (B) in paragraph (3)— (i) in subparagraph (B)— (I) by redesignating clause (iv) as clause (v); and (II) by inserting after clause (iii) the following: (iv) For any local educational agency that is providing a program of distant learning to children not residing within the legally defined boundaries of the agency, the Secretary shall disregard such children from such agency’s total enrollment when calculating the percentage under subclause (I) of clause (i) and shall disregard any funds received for such children when calculating the total current expenditures attributed to the operation of such agency when calculating the percentage under subclause (II) of clause (i). ; (ii) in subparagraph (C), by striking or (E) of paragraph (2), as the case may be of paragraph (2) (iii) by striking subparagraph (D) and inserting the following: (D) Ratable distribution For any fiscal year described in subparagraph (A) for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraph (1) or (2) (as the case may be) by multiplying— (i) a percentage, the denominator of which is the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of all local educational agencies, and the numerator of which is the aggregate amount of the excess sums by— (ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of the agency. ; (3) in subsection (c), by amending paragraph (2) to read as follows: (2) Exception Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— (A) is newly established by a State, for the first year of operation of such agency only; (B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of Interior or other Federal agencies)— (i) of not less than 10 percent, or 100 students, of children described in— (I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or (II) subparagraph (F) or (G) of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of Interior; and (ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of Interior or head of another Federal agency; and (C) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary)— (i) of not less than 10 percent, or 100 students, of children described in subsection (a)(1); and (ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) in the previous fiscal year. ; (4) by amending subsection (e) to read as follows: (e) Hold harmless (1) In general Subject to paragraph (2) the total amount the Secretary shall pay a local education agency under subsection (b)— (A) for fiscal year 2014 shall not be less than 95 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal year 2013; (B) for fiscal year 2015 shall not be less than 90 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal year 2013; and (C) for fiscal year 2016 shall not be less than 85 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal year 2013. (2) Maximum payment The total amount provided to a local educational agency under subparagraph (A), (B), or (C) of paragraph (1) for a fiscal year shall not exceed the maximum basic support amount for such agency determined under paragraph (1) or (2) of subsection (b), as the case may be. (3) Ratable reduction (A) In general If the sums made available under this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all States are eligible to receive under paragraph (1) for such year, then the Secretary shall ratably reduce the payments to all such agencies for such year. (B) Additional funds If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. ; and (5) by striking subsection (g). 4. Application for payments under sections 8002 and 8003 Section 8005 of that Act ( 20 U.S.C. 7705 (e) Student count For the purpose of meeting the requirements of section 222.35 of the Code of the Federal Regulations, the Secretary shall establish a third option for an applicant when counting its federally connected children by using the date established by the applicant to register the students of such applicant for the fiscal year for which the application is filed. . 5. Construction Section 8007 of that Act ( 20 U.S.C. 7707 (1) in subsection (a)— (A) in paragraph (1), by striking 40 percent 80 percent (B) in paragraph (2) by adding at the end the following: (C) The agency is eligible under section 8003(b)(2) or is receiving a basic support payment under circumstances described in section 8003(b)(2)(B)(ii). ; and (C) by striking paragraph (3) and inserting the following: (3) Amount of payments (A) Local educational agencies impacted by military dependent children The amount of a payment to each local educational agency described in this subsection that is impacted by military dependent children for a fiscal year shall be equal to— (i) (I) 40 percent of the amount appropriated under section 8014(e) for such fiscal year; divided by (II) the number of children described in subparagraphs (B) and (D)(i) of section (8003)(a)(1) who were in average daily attendance for all local educational agencies described in paragraph (2), including the number of children attending a school facility described in section 8008(a) if the Secretary does not provide assistance for the school facility under that section for the fiscal year; multiplied by (ii) the number of children determined for such agency; (I) but not less than $25,000, except that this subparagraph shall not apply if the amount available to carry out paragraph (1) for such fiscal year is less than $32,000,000; and (II) not more than $4,000,000. (B) Local educational agencies impacted by children who reside on Indian lands The amount of a payment to each local educational agency described in this subsection that is impacted by children who reside on Indian lands for a fiscal year shall be equal to— (i) (I) 40 percent of the amount appropriated under section 8014(e) for such fiscal year; divided by (II) the number of children described in section 8003(a)(1)(C) who were in average daily attendance for all local educational agencies described in paragraph (2); multiplied by (ii) the number of children determined for such agency; (I) but not less than $25,000, except that this subparagraph shall not apply if the amount available to carry out paragraph (1) for such fiscal year is less than $32,000,000; and (II) not more than $4,000, 000. ; and (2) in subsection (b)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking 60 percent 20 percent (B) in paragraph (3)— (i) in subparagraph (A), in the matter preceding clause (i), by inserting after an emergency grant under paragraph (2)(A) if the agency is covered by paragraph (7), or (ii) in subparagraph (C)(i)(I), by striking the agency meets at least one the number of children determined under section 8003(a)(1)(C) for the agency for the preceding school year constituted at least 40 percent of the total student enrollment in the schools of the agency during the preceding school year. (iii) by striking subclause (II) of subparagraph (D)(ii) and inserting the following: (II) The number of children determined under section 8003(a)(1)(C) for the school for the preceding school year constituted at least 40 percent of the total student enrollment in the school during the preceding school year. ; (C) in paragraph (4)(C), by striking (A), (B), (C), and (D) (A) and (C) (D) by redesignating paragraph (7) as paragraph (8); and (E) by inserting after paragraph (6) the following: (7) Special rule Notwithstanding paragraphs (3)(C)(i)(I) and (3)(D)(ii)(II), a local educational agency is eligible to receive a grant under this subsection not to exceed $4,000,000 in any one fiscal year if such agency— (A) was eligible to receive a payment under section 8003 for the fiscal year prior to the year for which the application is made; and (B) has had an overall increase in enrollment— (i) during the period between the end of the school year preceding the fiscal year for which the application is made and the beginning of the school year immediately preceding that school year; (ii) of not less than 250 students or 10 percent (whichever is lower), of children described in— (I) subparagraph (A), (B), (C), or (D) of section 8003(a)(1); or (II) subparagraph (F) or (G) of section 8003(a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense; and (iii) that is the direct result of one or more of the following: (I) Base realignment and closure or global rebasing, as determined by the Secretary of Defense. (II) Force structure changes or force reductions. (III) An action initiated by the Secretary of Interior or head of another Federal agency. . 6. State consideration of payments in providing State aid Section 8009 of that Act ( 20 U.S.C. 7709 (1) in subsection (b)— (A) in paragraph (1), by inserting before the period at the end the following: and for which the average per pupil expenditure is equal to or greater than the average per pupil expenditure of all the States in the third fiscal year preceding the fiscal year for which the State is applying for equalization under the section (B) by amending paragraph (2) to read as follows: (2) Computation (A) State currently qualifying For purposes of paragraph (1), a program of State aid for any State qualifying under this section for fiscal year 2006 equalizes expenditures among local educational agencies if, in the second fiscal year preceding the fiscal year for which the determination is made the amount of per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the highest such per-pupil expenditures or revenues did not exceed the amount of such per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the lowest such expenditures or revenues by more than 25 percent as calculated under subparagraph (B)(ii). (B) Other factors Notwithstanding regulations in effect prior to the enactment of this subparagraph, in making a determination under this subparagraph, the Secretary shall— (i) arrange all local educational agencies in the State by per-pupil expenditures or revenues in descending order from the highest to the lowest; (ii) using per-pupil expenditures or revenues as the only criteria disregard those local educational agencies that are spending above the 95th percentile and those spending below the 5th percentile; (iii) identify the local educational agency at the 95th percentile and the local educational agency at the 5th percentile; (iv) subtract the amount of per-pupil expenditures or revenues of the local educational agency at the 5th percentile from the amount of per-pupil expenditures or revenues of the local educational agency at the 95th percentile and divide the difference by the per-pupil expenditures or revenues of the local educational agency at the 5th percentile; and (v) take into account the extent to which a program of State aid reflects the additional cost of providing free public education in particular types of local educational agencies such as those that are geographically isolated, or to particular types of students, such as children with disabilities. (C) New States applicants (i) In general For purposes of paragraph (1), a program of State aid for any State equalizing under this section after fiscal year 2006 equalizes expenditures among local educational agencies if, in the second fiscal year preceding the fiscal year for which the determination is made, the amount of per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the highest such per-pupil expenditures or revenues did not exceed the amount of such per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the lowest such expenditures or revenues by more than 10 percent as calculated under clause (ii). (ii) Other factors In making a determination under this subparagraph, the Secretary, notwithstanding regulations in use prior to the enactment of the Local Taxpayer Relief Act (I) arrange all local educational agencies in the State by per pupil expenditures or revenues in descending order from the highest to the lowest; (II) using per-pupil expenditures or revenues as the only criteria disregard those local educational agencies that are spending above the 95th percentile and those spending below the 5th percentile; (III) identify the local educational agency at the 95th percentile and the local educational agency at the 5th percentile; (IV) subtract the amount of per-pupil expenditures or revenues of the local educational agency at the 5th percentile from the amount of per-pupil expenditures or revenues of the local educational agency at the 95th percentile and divide the difference by the per-pupil expenditures or revenues of the local educational agency at the 5th percentile; and (V) take into account the extent to which a program of State aid reflects the additional cost of providing free public education in particular types of local educational agencies, such as those that are geographically isolated, or to particular types of students, such as children with disabilities. ; and (2) in subsection (d)(2)— (A) by striking A State (A) In general A State ; and (B) by adding at the end of the following: (B) States that are not equalized states A State that has not been approved as an equalized State under subsection (b) shall not consider funds received under section 8002 or section 8003 of this title in any State formula or place a limit or direct the use of such funds or consider such funds. . 7. Timely payments Section 8010 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7710 (d) Timely payments (1) In general Subject to paragraph (2) the Secretary shall pay a local educational agency the full amount that the agency is eligible to receive under this title for a fiscal year not later than September 30 of the fiscal year following the fiscal year in which such amount has been appropriated if, not later than 1 calendar year following the fiscal year in which such amount has been appropriated, each local educational agency that is eligible to receive funds under this title for such fiscal year submits to the Secretary all the data and information necessary for the Secretary to pay the full amount that the agency is eligible to receive under this title for such fiscal year. (2) Payments with respect to fiscal years in which insufficient funds are appropriated For a fiscal year in which the amount appropriated under section 8014 is insufficient to pay the full amount a local educational agency is eligible to receive under this title, paragraph (1) shall be applied by substituting is available to pay the agency the agency is eligible to receive . 8. Definitions Section 8013 of that Act ( 20 U.S.C. 7713 (1) in paragraph (1) by striking and Marine Corps Marine Corps, and Coast Guard (2) in paragraph (4)— (A) in the first sentence thereof, by striking part A of title I and title VI title I and part A of title V (B) in the second sentence, by striking be determined be made (3) in paragraph (5)(A)— (A) in clause (ii)— (i) in subclause (IV), by striking ; or (ii) in subclause (V), by inserting or (iii) by adding at the end the following: (VI) exempt of taxation real property and personal property identified by a local governmental entity, including State government, if upon such property resides a child whose parents or guardians are certified to live on such property is considered to meet the eligibility requirements of section 151.4 of part 150 of subchapter H of title 25, Code of Federal Regulations; ; and (B) in clause (iii)— (i) by amending subsclause (II) to read as follows: (II) used to provide housing for homeless children at closed military installations pursuant to section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); ; and (ii) by amending subclause (III) to read as follows: (III) used for affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et.seq.); or ; (4) in paragraph (8)(A), by inserting commas before and after and verified by (5) in paragraph (9)— (A) by amending subparagraph (A) to read as follows: (A) In general Except as provided in subparagraph (B), the term local educational agency (i) means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent school district, or other school district; and (ii) includes any State agency that directly operates and maintains facilities for providing free public education; and that except for those local educational agencies determined to be eligible to receive a payment under section 8003 prior to the date of the enactment of the Local Taxpayer Relief Act, when submitting an application under this title for the first time on or after the date of the enactment of such Act, has the authority to tax and has boundaries as defined by applicable State law for the purposes of levying such taxes, or has been granted the authority to receive an imputed tax from a city, county, township, or other general purpose political subdivision of a State. ; and (B) in subparagraph (B), in the matter preceding clause (i), by inserting a comma after Secretary determines 9. Authorization of appropriations Section 8014 of that Act ( 20 U.S.C. 7714 (1) in subsection (a), by striking $32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years such sums as may be necessary for fiscal years 2014 through 2017 (2) in subsection (b), by striking $809,400,000 fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years such sums as may be necessary for fiscal years 2014 through 2017 (3) in subsection (c), by striking $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years such sums as may be necessary for fiscal years 2014 through 2017 (4) by redesignating subsection (e) as subsection (d); (5) in subsection (d) (as so redesignated by paragraph (4)), by striking $10,052,000 for fiscal year 2000 and such sums as may be necessary for fiscal year 2001, $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years such sums as may be necessary for fiscal years 2014 through 2017 (6) by redesignating subsection (f) as subsection (e); (7) in subsection (e) (as so designated by paragraph (6)), by striking $5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years such sums as may be necessary for fiscal years 2014 through 2017 (8) by adding at the end of the following: (f) Allocation of dollars from previous fiscal years When final payments are made for a fiscal year the Secretary shall add any remaining funds to those funds appropriated for such section for the next fiscal year for the purpose of making payments subject to the provisions of the applicable section. . 10. Additional and conforming amendments (a) Subpart 20 of part d of title v Subpart 20 ( 20 U.S.C. 7281 et seq. (b) Title VIII Title VIII of Elementary and Secondary Education Act ( 20 U.S.C. 7701 et seq. (1) in section 8004 ( 20 U.S.C. 7704 (A) in subsection (e)(1)(B)(i), by striking involved, or if involved or, if (B) in subsection (f), by striking upon on (2) in section 8008(a) ( 20 U.S.C. 7708(a) section 8014(f) (3) in section 8010 ( 20 U.S.C. 7710 (A) in subsection (b), by striking require need (B) in subsection (c)(1)— (i) in subparagraph (A), by striking paragraph (3) (ii) in subparagraph (B), by striking paragraph (3) (4) in section 8011(a) (20 U.S.C. 7711 (a)), by striking or under of 1994)

Local Taxpayer Relief Act

Early Intervention for Graduation Success Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 to revise provisions concerning programs to reduce school dropout rates and increase school reentry and secondary school graduation rates. Replaces the existing grant program with an early intervention for graduation success program awarding competitive, renewable, five-year early intervention grants to states and, through them, subgrants to partnerships between local educational agencies and early childhood education providers that serve a high percentage of students who bear the risk factors for dropping out of school. Requires state grantees to: (1) create and periodically update a research-based plan that addresses the factors associated with the risk of not graduating from high school; (2) provide technical assistance to subgrantees; and (3) assist subgrantees in accessing data from appropriate state agencies to identify and direct effective services to children, from birth through elementary school, who are at risk of not graduating from high school. Permits states to use grant funds to: (1) provide tuition assistance to students who agree to teach in an early childhood education program, (2) increase and monitor the quality of early childhood education, (3) design and implement a progression of aligned performance standards across all domains of learning from prekindergarten through postsecondary education, and (4) expand access to high-quality early childhood education for children most at risk of low proficiency in school. Requires subgrantees to: (1) use the data relevant to risk factors for non-graduation a made available by state agencies and other sources to implement research-based, individualized interventions for at-risk students; (2) develop and implement individual learning plans for each at-risk early childhood, elementary, and secondary school student; (3) provide teacher training; (4) integrate community and family support services; and (5) foster students' high expectations and improve their chances for academic success. Authorizes appropriations for FY2014-FY2019.

113 S1109 IS: Early Intervention for Graduation Success Act of 2013 U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1109 IN THE SENATE OF THE UNITED STATES June 6, 2013 Ms. Murkowski Committee on Health, Education, Labor, and Pensions A BILL To amend the school dropout prevention program in the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Early Intervention for Graduation Success Act of 2013 2. Purpose Section 1802 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6552 1802. Purpose It is the purpose of this part— (1) to provide for effective strategies of early intervention for young children who have risk factors that are strongly associated with not graduating from high school; (2) to improve States’, school districts’, early childhood education providers', educators’, and communities’ capacity to provide effective services to children with such risk factors; (3) to prevent such risk factors from becoming intractable; and (4) to facilitate high expectations for achievement among our Nation’s young children. . 3. Authorization of appropriations Section 1803 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6553 1803. Authorization of appropriations For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years, of which— (1) not more than 5 percent shall be available to carry out subpart 1 for each fiscal year; and (2) not less than 95 percent shall be available to carry out subpart 2 for each fiscal year. . 4. Definitions Part H of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6551 et seq. 1804. Definitions In this part: (1) Early childhood education provider The term early childhood education provider (A) a program that provides for the care, development, and education of infants, toddlers, or young children ages 5 and younger that— (i) meets all applicable State and local government licensing, certification, approval, and registration requirements; and (ii) is operated by— (I) a program operated by a public school that is supported, sponsored, or administered by the local educational agency; (II) a Head Start or Early Head Start agency that receives financial assistance under the Head Start Act; (III) a nonprofit or community-based organization; or (IV) a child care program that receives funding under the Child Care and Development Block Grant Act of 1990; or (B) a consortium of the providers described in subparagraph (A). (2) Outcomes data The term outcomes data (A) objective and developmentally appropriate measures, if valid, reliable, and available, of— (i) preliteracy and premathematics skills; (ii) kindergarten readiness; (iii) reading and numeracy skills; (iv) proficiency on State academic performance standards; (v) attendance; (vi) discipline referrals; and (vii) suspensions; and (B) other such applicable measures of student success. (3) Postsecondary education The term postsecondary education (4) Quality rating and improvement system The term quality rating and improvement system (A) has a series of levels or tiers leading to nationally recognized high-quality program standards for early childhood education programs; (B) addresses staff qualifications, professional development, program standards, family engagement, and program environment; (C) provides financial and technical assistance to programs to achieve and sustain higher levels of quality; and (D) provides information to families and the public on the rating of programs that is accessible to all families. (5) State The term State . 5. National activities Section 1811(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6555(b) (1) in paragraph (1)(B), by striking eligible schools States and partnerships of local educational agencies and early childhood education providers (2) in paragraph (2), by striking eligible schools States and partnerships of local educational agencies and early childhood education providers (3) in paragraph (3)— (A) by striking school State, local educational agency, or early childhood education provider (B) by striking within the eligible school district or nationally among States, local educational agencies, and early childhood education providers (4) by striking paragraph (4). 6. School dropout prevention initiative Subpart 2 of part H of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6561 et seq.) is amended to read as follows: 2 School dropout prevention initiative 1821. Program authorized (a) In general (1) Grants authorized (A) In general From the amount appropriated under section 1803 for a fiscal year, the Secretary shall establish an early intervention for graduation success program through which the Secretary shall award grants, on a competitive basis, to States to support activities as described in this subpart. (B) Duration Grants awarded under this section shall be 5 years in duration. (2) Priority In awarding grants under this section, the Secretary shall give— (A) priority to the 10 States that have the lowest averaged freshman graduation rates, as compiled by the National Center for Education Statistics; and (B) additional priority, if applicable, to any such State that has 1 or more subgroup of students, as described in section 1111(b)(2)(C)(v)(II), who have the lowest averaged freshman graduation rate in the United States. (b) Use of grant funds Grant funds awarded under this subsection shall be used to fund effective, sustainable, and coordinated school dropout prevention activities as described in section 1825. 1822. Applications (a) In general To receive— (1) a grant under this subpart, a State shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require; and (2) a subgrant under this subpart, a partnership of 1 or more local educational agencies and 1 or more early childhood education providers shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may reasonably require. (b) Contents Each application submitted under subsection (a) shall— (1) include a plan— (A) describing the applicant's strategy for increasing the State educational agency or local educational agency's averaged freshman graduation rate in accordance with the activities described in section 1825(b) and how the strategies will serve the students who have risk factors for not graduating; (B) that addresses how the purpose described in section 1802 will be carried out by the applicant; and (C) for assessing the effectiveness of the efforts described in the plan; (2) describe a budget and timeline for implementing the strategies; (3) contain evidence of coordination with existing resources, including a State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A) (4) describe how the applicant may use local, State, and other Federal funds for school dropout prevention and reentry programs, or, as appropriate, programs intended to increase students' readiness for school or academic proficiency; (5) describe how the activities conform with evidence-based practices about school dropout prevention; and (6) provide an assurance that the grantee will maintain the privacy of student and family data. (c) Partnerships A partnership described in subsection (a)(2) that desires to receive a subgrant under this subpart shall include in its application information on the identity of the partner that will be the fiscal agent and what percentage of subgrant funds will be provided to each member of the partnership to collaborate in planning and providing services to at-risk students with the following entities, as appropriate: (1) Community and cultural organizations. (2) Relevant Indian tribes and tribal organizations. (3) Institutions of higher education (including Tribal Colleges and Universities) and job training providers. (4) Parent organizations. (5) Social services organizations. (6) Organizations that provide service learning, tutoring, mentoring, and other supportive services to youth. (7) Homeless and foster youth advocates. (8) Advocates for students with disabilities. (9) Entities that engage in postsecondary education outreach and support. (10) Educational service agencies. (11) Organizations that provide professional development. (12) Other entities as appropriate and available. 1823. State reservation A State that receives a grant under this subpart may reserve not more than 5 percent of the grant funds for administrative costs related to activities described under this subpart. 1824. Reporting and accountability (a) Partnership reports To receive funds under this subpart for a fiscal year after the first fiscal year that a partnership described in subsection (a)(2) receives funds under this subpart, the partnership subgrantee shall provide, on an annual basis, a report regarding the status of the implementation of activities funded under this subpart, and an evaluation of the effectiveness of such activities for students at schools assisted under this subpart to the State, disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II). (b) State report on program activities Each State receiving funds under this subpart shall provide to the Secretary, at such time and in such format as the Secretary may require, information on the status of the implementation of activities funded under this subpart and outcomes data for students in schools assisted under this subpart. (c) Accountability The Secretary shall evaluate the effectiveness of the activities assisted under this subpart using rigorous evaluation methodologies, including, if feasible, control group studies. The Secretary may use funds appropriated for subpart 1 to carry out this evaluation. (d) Dissemination The Secretary shall make public and widely disseminate State reports described under subsection (b) and the evaluation described under subsection (c) in a manner that protects the privacy of individuals. 1825. Early intervention grants (a) In general (1) Renewable grants (A) Awarding and renewing grants The Secretary shall award grants to States to carry out the activities described in this section. The Secretary may renew such grants for a period of not more than an additional 5 years for States with satisfactory annual performance reports in each of the preceding 5 years, to expand or improve, or both, the activities described in this section. (B) Match in grants that have been renewed A State that receives a grant that has been renewed under subparagraph (A) shall contribute to the activities assisted under such grant matching funds in an amount equal to not less than 50 percent of the amount of the grant. Such matching funds may be provided in cash or in-kind. (2) Dropout early warning system A State that receives a grant under this section may set aside grant funds, in addition to the State reservation described in section 1823 to assist partnerships to access data elements from multiple State agencies as described in subsection (b)(1)(A)(iii). (3) Subgrants (A) In general A State that receives a grant under this section shall award subgrants to partnerships of local educational agencies and early childhood education providers that have high percentages of students with risk factors associated with low graduation rates, as described in subsection (b)(1)(A)(ii)(I). (B) Priority In awarding subgrants under subparagraph (A), a State may give priority to partnerships of local educational agencies and early childhood education providers based on the percentage of children served with risk factors associated with low graduation rates and actual low high school graduation rates, as appropriate. (C) Size of subgrants and ability to sustain programs In awarding subgrants under subparagraph (A), a State shall ensure that— (i) the subgrants are of sufficient size so as to allow the subgrantee to plan and implement an effective program; and (ii) an entity awarded a subgrant under this paragraph has the capacity to sustain the program after the Federal grant ends. (b) Activities (1) State activities (A) Required activities A State that receives a grant under this section shall carry out the following: (i) Statewide Graduation Success plan The State, if it has not previously done so, shall create and periodically update a research-based plan to increase graduation rates of high-risk students that includes effective strategies to address the factors associated with the risk of not graduating from high school in that State. The plan shall address risk factors associated with children from birth through grade 12. The State shall provide an opportunity for educators, parents, students, tribes, relevant agencies and organizations, and community members to provide comments during the development or updating of the Statewide plan. In developing the plan, the State shall coordinate proposed activities with the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A) (ii) Technical assistance The State shall provide technical assistance to subgrantees, to the extent practicable. (iii) Access to State agency information (I) In general The State shall assist subgrantees to access data elements from appropriate State agencies to identify, ensure services are provided to, and analyze the effectiveness of such services designed to serve, children at risk for not graduating from high school, from birth through elementary school, at minimum, who— (aa) have a parent who receives assistance under— (AA) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (BB) the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (CC) the Medicaid program under title XIX of the Social Security Act; (bb) are homeless or are in foster care; (cc) are children with disabilities or have other cognitive, physical, or emotional disabilities; (dd) are children who are limited English proficient; (ee) were born to a teen mother who has low educational attainment, if such data are available; (ff) have been retained in prekindergarten or retained for a grade or more in elementary school; (gg) have consistently poor attendance; (hh) have low proficiency on statewide reading or mathematics assessments; (ii) have preschool expulsion or school suspensions or other measures of school behavior problems; (jj) have been denied entry, at the legal age, to kindergarten; (kk) are under the supervision of a child services agency due to parental neglect or abuse; (ll) have a parent in jail or in substance abuse treatment; or (mm) have other indicators appropriate to the State to inform activities undertaken as part of the State's plan to increase graduation rates among at-risk children. (II) Information available The information made available pursuant to this clause shall be available to authorized users employed by the State educational agency, the State agency or agencies that administer funds for child care, the State Head Start Director, and, where applicable, the State early learning coordinator, subgrantee partnerships described in subsection (a)(2), and, as necessary, researchers employed by or under contract with such entities to evaluate the effectiveness of the grants. (III) Privacy The use of the data and information made available pursuant to this clause shall be carried out in a manner consistent with section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 42 U.S.C. 1320d–2 (IV) Predictions The State may provide data necessary to analyze which risk factors are most predictive of the likelihood of students dropping out of school and analyzing the efficacy of interventions. (B) Permissible activities A State that receives a grant under this section may use the grant funds for any of the following: (i) Early childhood educator tuition assistance (I) In general The State may provide not more than 50 percent of the cost of attendance per year for an individual to receive an associate's degree or a 4-year degree in early childhood education to enable such individual to teach in or be qualified personnel employed by— (aa) a program funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (bb) a program funded under the Head Start Act ( 42 U.S.C. 9831 et seq. (cc) an infant learning program; (dd) a program funded under part C of the Individuals with Disabilities Education Act; (ee) a preschool program funded by a State or local educational agency; or (ff) a special education early childhood certification program. (II) Agreement to teach in early childhood program (aa) In general An individual who receives assistance under subclause (I) shall agree to teach in an early childhood education program for— (AA) not less than 3 years if the individual receives an associate's degree in early childhood education; or (BB) not less than 5 years if the individual receives a 4-year degree in early childhood education. (bb) Documentation An individual who receives assistance under subclause (I) shall annually provide documentation to the State showing that such service has been performed. Such notification shall be provided in such form and manner as the State may reasonably require. (III) Repayment An individual who receives assistance under subclause (I) and does not complete the service requirement described in subclause (II), or who notifies the State that the individual intends not to complete such service requirement, shall repay to the State a prorated amount of such assistance that reflects the amount of the service requirement not completed, together with interest, at a rate specified by the State in the agreement. (IV) Waiver or reduction The State may waive or reduce the requirement under subclause (III) if the State determines that compliance with such service requirement represents a substantial hardship— (aa) because the individual is permanently and totally disabled at the time of the waiver request; or (bb) based on documentation presented of substantial economic or personal hardship. (V) Supplement not supplant Assistance under this clause may not supplant Federal financial aid programs for which the individual is otherwise eligible, including TEACH Grants under subpart 9 of part A of title IV of the Higher Education Act of 1965 or any other Federal loan or grant for which the individual is otherwise eligible. (ii) Increase and monitor early childhood program quality (I) Program quality standards The State may— (aa) develop, implement, or improve a quality rating and improvement system; and (bb) provide information obtained pursuant to item (aa) to the public in an easily accessible and understandable format, including in languages spoken by parents within the community. (II) Correlating success (aa) In general The State may— (AA) gather data regarding students’ participation in early childhood education programs and the quality of those programs, and the students' subsequent level of success in elementary school grades and the quality of such elementary schools; and (BB) correlate the data to evaluate the continuum of effectiveness of such programs in preparing students to attain and sustain academic proficiency and, as appropriate, in reducing risk factors associated with dropping out of school. (bb) Correlation in conjunction with other systems The correlation under item (aa) shall work in conjunction with the early childhood outcomes indicator data systems developed under section 619 and part C of the Individuals with Disabilities Education Act, and, as practicable, a quality rating and improvement system or other systems that the State may have developed to evaluate outcomes for children. (iii) P– 20 The State may carry out activities directly related to the design and implementation of a progression of aligned performance standards, across all domains of learning, for prekindergarten through grade 12 and postsecondary education. (iv) Expand access The State may expand access to high-quality early childhood education for children most at risk of low proficiency in school. (2) Partnership activities (A) Required activities A partnership described in subsection (a)(2) that receives a subgrant under this section shall carry out both of the following: (i) Analyze data The partnership shall analyze data made available by State agencies and other sources relevant to risk factors for non-graduation and use the data to implement research-based, individualized interventions for at-risk students. (ii) Individual learning plans (I) In general The partnership shall develop and implement individual learning plans for each at-risk early childhood, elementary, and secondary school student, which shall include a description of how subgrant program partners will implement services. Such plans shall be updated not less frequently than annually and forwarded to the next school of enrollment. (II) Waiver A partnership may apply to the State to be considered to have complied with the requirement under subclause (I) by developing and implementing individual learning plans for those students who are most at-risk if sufficient funds are not provided to develop and implement thorough and meaningful plans for each student who has a risk factor described in items (aa) through (ll) of paragraph (1)(A)(iii)(I) and if the partnership has prioritized providing services to children in early learning and elementary schools. (III) Distinction from IEPs Individual learning plans developed under this clause are distinct from individualized education programs developed under the Individuals with Disabilities Education Act. (IV) No entitlement The development or implementation of an individual learning plan under this clause does not confer an entitlement to services. (B) Choice of activities A partnership described in subsection (a)(2) that receives a subgrant under this section shall carry out at least 1 activity from each of the following clauses as part of the partnership's plan to increase the graduation rates of students for whom individual learning plans have been developed. (i) Professional development (I) Provide teacher mentors for those teachers who are in their first 3 years of teaching or who have been recommended for mentoring by their supervisor or principal, and who do not have such mentors. (II) Provide effective, researched-based professional development for teachers serving students for whom individual learning plans have been developed, including children with disabilities, and program professionals under section 619 or part C of the Individuals with Disabilities Education Act, to— (aa) provide effective, differentiated instruction; (bb) develop or improve family engagement and communication skills and strategies; (cc) integrate subjects such as the arts, physical education, and history into reading, writing, and mathematics instruction; (dd) use data to inform instruction; (ee) implement research-based interventions for at-risk students; and (ff) support children's social, emotional, and physical development. (III) Train principals in effective— (aa) developmentally appropriate instructional practices and support for teachers and other staff in using such practices; (bb) leadership qualities and skills necessary to increase student achievement; (cc) early intervention for at-risk children; (dd) curricula alignment from prekindergarten through the attainment of a baccalaureate degree; (ee) implementation of effective and ongoing communication between community-based early childhood education providers and school staff; and (ff) enhancement of family engagement practices and opportunities. (IV) Include staff of partner agencies and specialized instructional support personnel who are involved in implementing the grant in all appropriate training to ensure that all members of the team have all appropriate skills to implement the coordinated program. (V) Establish partnerships with institutions of higher education, or other qualified agencies, to conduct professional development or induction programs focused on increasing classroom teachers’ ability to use multiple types of assessments to individualize instruction for students with disabilities. (ii) Community integration and support services (I) Integrate community student support services, such as before- and after-school programs, health and wellness programs, social services, family engagement and communication activities, counseling, positive behavioral intervention and support programs, anti-bullying programs, community assets development, social-emotional learning programs, and transportation to break down barriers to individual student success. (II) Provide research-based parent training, involvement, and engagement activities. (III) Hire a culturally competent liaison for each partner school or program to coordinate communication and integrated, individualized services to the families of all at-risk students. (IV) Engage educators, families, community organizations, tribes and tribal organizations, businesses, faith communities, and students in building sustainable networks of community engagement and school improvement. (V) Keep schools open before and after school hours, on school holidays and during the summer for organized, safe, and engaging activities designed to increase academic proficiency, improve school climate, and improve students’ health and wellness. (iii) High expectations and support for academic achievement (I) Reinforce high expectations and goal setting by introducing students, in an age-appropriate way, to professions and trades, expanding access to age-appropriate career and technical education, and exposing students and parents to institutions of higher education and Federal student aid options. (II) Provide research-based, effective on-site tutoring and enrichment opportunities to at-risk students. (III) Improve school climate, promote social-emotional learning, and increase school connectedness. (IV) Ensure that the curriculum is aligned to State standards, is relevant to the needs and interests of students, and promotes high expectations. (V) Implement research-based activities designed to increase the literacy, numeracy, and self-regulation skills of preschool and elementary school children. (c) Evaluations (1) Partnership evaluations (A) In general Each State shall use outcomes data to evaluate each partnership subgrantee to which the State awards a subgrant under this section to determine the effectiveness of the program funded under this subpart. Such evaluation shall include an analysis of activities that are most and least effective in keeping students on track to graduate. (B) Evaluations to the secretary Each State shall send a report on the evaluations conducted under subparagraph (A) to the Secretary. (2) State evaluations The Secretary shall evaluate the effectiveness of programs implemented by each State that receives a grant under this section. (3) Reports to congress (A) In general The Secretary shall provide an annual report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives that— (i) describes the activities carried out by States awarded grants under this section; and (ii) provides an analysis of which interventions are most and least effective in ensuring that students remain on track to graduate on time from high school. (B) Dissemination The Secretary shall disseminate the reports described in subparagraph (A) to all States and to the public through the website of the Department. .

Early Intervention for Graduation Success Act of 2013

Safety for Our Schoolchildren Act of 2013 - Requires states and local educational agencies (LEAs): (1) to obtain an FBI background check on individuals prior to offering them employment as school employees; and (2) if the check identifies them as sexual predators, to report their application to local law enforcement. Prohibits states or LEAs from hiring individuals as: (1) school employees if they have been convicted of a crime of violence or other felony; or (2) school bus drivers if they have been convicted of, or pled guilty to, drunk driving or a serious moving violation. Withholds funds available to states for planning and administration and to LEAs as subgrants under part A of title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the Elementary and Secondary Education Act of 1965, if they violate such prohibitions or fail to take such actions.

113 S111 IS: Safety for Our Schoolchildren Act of 2013 U.S. Senate 2013-01-23 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 113th CONGRESS 1st Session S. 111 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2013 Mr. Vitter Committee on Health, Education, Labor, and Pensions A BILL To require all public school employees and those employed in connection with a public school to receive FBI background checks prior to being hired, and for other purposes. 1. Short title This Act may be cited as the Safety for Our Schoolchildren Act of 2013 2. Background checks for public school employees (a) In general Title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. D Background checks for public school employees 4401. Definitions (a) Crime of violence The term crime of violence section 924(c)(3) (b) Drunk driving The term drunk driving (c) FBI background check The term FBI background check 42 U.S.C. 13041 (d) School employee The term school employee (1) an employee of a local educational agency or State educational agency who works in a public school or has a job duty that results in exposure to students, including administrators, teachers, substitute teachers, custodians, cafeteria workers, and school bus drivers; and (2) an employee of a company, or a subsidiary of a company, that has a contract with a local educational agency or State educational agency who works in a public school or has a job duty that results in exposure to students. (e) Serious moving violation The term serious moving violation (f) Sexual predator The term sexual predator 4402. Background checks for public school employees (a) In general A local educational agency or State educational agency that receives Federal funds shall obtain an FBI background check on an individual prior to making an offer of employment as a school employee with such agency to such individual. (b) Prohibition against employment of felons or violent criminals A local educational agency or State educational agency that receives Federal funds may not make an offer of employment to an individual for a position as a school employee with such agency if such individual has been convicted of a crime of violence or other felony. (c) Reporting sexual predators A local educational agency or State educational agency that receives information from an FBI background check that an individual who has applied for employment with such agency as a school employee is a sexual predator shall report to local law enforcement that such individual has so applied. (d) Transportation A local educational agency or State educational agency that receives Federal funds may not make an offer of employment to an individual for a position as a school bus driver if such individual has been convicted of, or pled guilty to, drunk driving or a serious moving violation. 4403. Loss of Federal funds for failure to comply (a) State educational agencies (1) In general If a State educational agency fails to take an action required under this part or takes an action prohibited under this part for— (A) 6 months or less, the Secretary shall withhold from such agency 50 percent of the amount of funds such agency has allocated for planning and administrative use under section 2113(d); and (B) longer than 6 months but not longer than 12 months, the Secretary shall withhold from such agency 100 percent of the amount of funds such agency has allocated for planning and administrative use under section 2113(d). (2) Loss of title II administrative funds If a State educational agency fails to take an action required under this part or takes an action prohibited under this part for longer than 12 months, the Secretary shall withhold from such agency the amount of funds such agency has allocated for planning and administrative use under title II. (3) Prohibition against reallocation (A) In general A State educational agency that fails to take an action under this part or takes an action prohibited under this part as described in paragraph (1) or (2) may not reallocate Federal funds provided for teacher development under title II for planning and administrative use by the agency. (B) Penalty The Secretary shall withhold all Federal funds under title II to a State educational agency if such agency reallocates funds as prohibited under subparagraph (A) until such agency restores the funds for teacher development. (b) Local educational agencies If a local educational agency fails to take an action required under this part or takes an action prohibited under this part, the local educational agency shall not be eligible to receive a subgrant or any additional funds under section 2121. . (b) Conforming amendments The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: Part D—Background checks for public school employees Sec. 4401. Definitions. Sec. 4402. Background checks for public school employees. Sec. 4403. Loss of Federal funds for failure to comply. .

Safety for Our Schoolchildren Act of 2013

Educational Accountability and State Flexibility Act of 2013 - Revises and reauthorizes programs under title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 (ESEA). Amends the school improvement program under part A of title I of the ESEA to eliminate the requirement that local educational agencies (LEAs) and schools make adequate yearly progress toward state academic content and achievement standards. Requires states to adopt challenging academic content and achievement standards for mathematics, reading or language arts, and science that ensure that their high school graduates who are deemed proficient are fully prepared to succeed in higher education, job training, or work. Requires states to implement a set of high-quality assessments of student progress toward those standards that: (1) involve multiple measures of student achievement; (2) measure the overall performance of students in each public school and the performance of their poor, minority, disabled, and limited English proficient student subgroups; and (3) are used as the primary means of determining the yearly performance of each of their schools. Allows states to adopt alternative assessments for students with significant cognitive disabilities. Requires each state to establish a multi-tiered accountability system that places each public school in a tier that reflects, at a minimum, the state's annual assessment of the extent to which each student at the school is: (1) proficient on state standards or is making satisfactory progress in attaining such proficiency, and (2) on track to graduate from high school on time. (Replaces the current system of assessing schools as needing improvement, corrective action, or restructuring due to their failure to make adequate yearly progress for a specified number of years.) Requires, at a minimum, distinct tiers for schools that: (1) have met the state standards, (2) have not met those standards for up to two student subgroups but that are making satisfactory progress in doing so, (3) have not met those standards for a significant number of student subgroups and are not showing satisfactory progress in meeting the standards or improving the subgroups' graduation rates within the time frame required by the state plan, and (4) have not met the state standards for a significant number of subgroups and are showing little or no improvement. Lists the minimum consequences for schools placed into each of these tiers, ranging from requiring states to recognize successful schools to requiring LEAs to implement alternative school governance models or school improvement strategies based on a specified system of support model. Requires students in the lowest tiered schools who did not meet or exceed the proficient level on the most recent state assessment in mathematics or in reading or language arts to be provided with supplemental educational services. Allows the LEAs serving such schools to provide those students with the option to transfer to a higher-performing school served by the LEA, if that option is not prohibited by state law. Denies the Secretary of Education any authority to approve or disapprove a state's multi-tiered accountability system. Allows states that received a waiver of statutory or regulatory requirements under the ESEA before this Act's enactment to implement the school improvement program set forth in the waiver or implement a school improvement program that meets this Act's requirements. Requires states and LEAs to consult with representatives of Indian tribes and Native organizations within their jurisdiction in implementing their school improvement programs. Includes American Indian, Alaska Native, and Native Hawaiian children as children eligible for services under targeted assistance programs that direct school improvement funds toward the children in a school who are failing or most at risk of failing. Requires each school and LEA receiving school improvement funds to establish mechanisms to overcome barriers to effective Indian, Alaska Native, and Native Hawaiian parental involvement in their children's education. Eliminates the requirement that teachers be highly qualified, requiring instead that they be deemed highly effective in accordance with state standards. Requires teachers and paraprofessionals to meet state standards for certification or licensure, knowledge of the subject matter being taught, and competency in assisting students to meet or make satisfactory progress toward meeting state academic achievement standards. Repeals the definition of "highly qualified" teachers. Repeals the programs under subparts 1 (Reading First), 2 (Early Reading First), and 3 (William F. Goodling Even Start Family Literacy Programs) of part B (Student Reading Skills Improvement Grants) of the ESEA.

113 S1110 IS: Educational Accountability and State Flexibility Act of 2013 U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1110 IN THE SENATE OF THE UNITED STATES June 6, 2013 Ms. Murkowski Committee on Health, Education, Labor, and Pensions A BILL To amend part A of title I of the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Educational Accountability and State Flexibility Act of 2013 2. Improving the academic achievement of the disadvantaged (a) Purpose authorization, and school improvement funds Sections 1001 through 1003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 1001. Statement of purpose The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and State academic assessments. This purpose can be accomplished by— (1) ensuring that high-quality academic assessments, accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging State academic standards so that students, teachers, parents, and administrators can measure progress against common expectations for student academic achievement; (2) meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, limited English proficient children, migratory children, children with disabilities, Indian, Alaska Native and Native Hawaiian children, neglected or delinquent children, and young children in need of reading assistance; (3) closing the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers; (4) holding schools, local educational agencies, and States accountable for improving the academic achievement of all students, and identifying and turning around low-performing schools that have failed to provide a high-quality education to their students, while providing alternatives to students in such schools to enable the students to receive a high-quality education; (5) distributing and targeting resources sufficiently to make a difference to local educational agencies and schools where needs are greatest; (6) improving and strengthening accountability, teaching, and learning by using State assessment systems designed to ensure that students are meeting challenging State academic achievement and content standards and increasing achievement overall, but especially for the disadvantaged; (7) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance; (8) providing children an enriched and accelerated educational program, including the use of schoolwide programs or additional services that increase the amount and quality of instructional time; (9) promoting schoolwide reform and ensuring the access of children to effective, scientifically based instructional strategies and challenging academic content; (10) significantly elevating the quality of instruction by providing staff in participating schools with substantial opportunities for professional development; (11) coordinating services under all parts of this title with each other, with other educational services, and, to the extent feasible, with other agencies providing services to youth, children, and families; and (12) affording parents substantial and meaningful opportunities to participate in the education of their children. 1002. Authorization of appropriations (a) Local educational agency grants For the purpose of carrying out part A, there are authorized to be appropriated such sums as necessary for fiscal years 2014 through 2019. (b) Improving literacy through school libraries For the purpose of carrying out subpart 4 of part B, there are authorized to be appropriated $250,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (c) Education of migratory children For the purpose of carrying out part C, there are authorized to be appropriated $410,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (d) Prevention and intervention programs for youth who are neglected, delinquent, or at risk For the purpose of carrying out part D, there are authorized to be appropriated $50,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (e) Federal activities (1) Sections 1501 and 1502 For the purpose of carrying out sections 1501 and 1502, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (2) Section 1504 (A) In general For the purpose of carrying out section 1504, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and for each of the 5 succeeding fiscal years. (B) Special rule Of the funds appropriated pursuant to subparagraph (A), not more than 30 percent may be used for teachers associated with students participating in the programs described in subsections (a)(1), (b)(1), and (c)(1). (f) Comprehensive school reform For the purpose of carrying out part F, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (g) Advanced placement For the purposes of carrying out part G, there are authorized to be appropriated such sums for fiscal year 2014 and each 5 succeeding fiscal year. (h) School dropout prevention For the purpose of carrying out part H, there are authorized to be appropriated $125,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which— (1) up to 10 percent shall be available to carry out subpart 1 of part H for each fiscal year; and (2) the remainder shall be available to carry out subpart 2 of part H for each fiscal year. (i) School improvement For the purpose of carrying out section 1003(g), there are authorized to be appropriated $500,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. 1003. School improvement (a) State reservations Each State shall reserve 4 percent of the amount received under subpart 2 of part A for fiscal years 2014 through 2019, to carry out subsection (b) and to carry out the State’s responsibilities under sections 1116 and 1117, including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies. (b) Uses Of the amount reserved under subsection (a) for any fiscal year, the State educational agency— (1) shall allocate not less than 95 percent of that amount directly to local educational agencies for schools identified by the State in a tier described in paragraph (2), (3), or (4) of section 1116(c); or (2) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies. (c) Priority The State educational agency, in allocating funds to local educational agencies under this section, shall give priority to local educational agencies that— (1) serve the lowest-achieving schools; (2) demonstrate the greatest need for such funds; and (3) demonstrate the strongest commitment to ensuring that such funds are used to enable the lowest-achieving schools to meet or make satisfactory progress toward meeting State standards, in accordance with section 1111(b)(2). (d) Unused funds If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with— (1) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or (2) section 1126(c). (e) Special rule Notwithstanding any other provision of this section, the amount of funds reserved by the State educational agency under subsection (a) in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 below the amount received by such local educational agency under such subpart for the preceding fiscal year. (f) Reporting The State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to subsection (b) and the percentage of students from each school from families with incomes below the poverty line. (g) Assistance for local school improvement (1) Program authorized The Secretary shall award grants to States to enable the States to provide subgrants to local educational agencies for the purpose of providing assistance for school improvement consistent with section 1116. (2) State allotments Such grants shall be allotted among States, the Bureau of Indian Education, and the outlying areas, in proportion to the funds received by the States, the Bureau of Indian Education, and the outlying areas, respectively, for the fiscal year under parts A, C, and D of this title. The Secretary shall expeditiously allot a portion of such funds to States for the purpose of assisting local educational agencies identified under section 1116(c)(3) and schools that were identified under paragraph (1), (6), or (7) of section 1116(b) on the day preceding the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (3) Reallocations If a State does not receive funds under this subsection, the Secretary shall reallocate such funds to other States in the same proportion funds are allocated under paragraph (2). (4) State applications Each State educational agency that desires to receive funds under this subsection shall submit an application to the Secretary at such time, and containing such information, as the Secretary shall reasonably require, except that such requirement shall be waived if a State educational agency submitted such information as part of its State plan under this part. Each State application shall describe how the State educational agency will allocate such funds in order to assist the State educational agency and local educational agencies in complying with the requirements of section 1116. (5) Local educational agency grants A grant to a local educational agency under this subsection shall be— (A) of sufficient size and scope to support the activities required under sections 1116 and 1117, but not less than $50,000 and not more than $500,000 for each participating school; (B) integrated with other funds awarded by the State under this Act; and (C) renewable for two additional 1-year periods if schools are meeting their goals, as determined by the State in accordance with section 1116. (6) Priority The State, in awarding such grants, shall give priority to local educational agencies with the lowest-achieving schools that demonstrate— (A) the greatest need for such funds; and (B) the strongest commitment to ensuring that such funds are used to provide adequate resources to enable the lowest-achieving schools to meet the requirements of section 1116. (7) Allocation A State educational agency that receives a grant under this subsection shall allocate at least 95 percent of the grant funds directly to local educational agencies for schools identified by the State as being in a tier described in paragraph (2), (3), or (4) of section 1116(c) to carry out activities described in such section, or may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies. (8) Administrative costs A State educational agency that receives a grant award under this subsection may reserve not more than 5 percent of such grant funds for administration, evaluation, and technical assistance expenses. (9) Local awards Each local educational agency that applies for assistance under this subsection shall describe how it will provide the lowest-achieving schools the resources necessary to assist such schools to meet or make satisfactory progress toward meeting State standards, in accordance with sections 1111 and 1116. . (b) Basic program requirements and State accountability system Sections 1111 through 1119 of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 1111. State plans (a) Plans required (1) In general For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency, in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators (including administrators of programs described in other parts of this title), other staff, parents, and representatives of tribes and Native organizations located in the State, that satisfies the requirements of this section and that is coordinated with other programs under this Act (including the comprehensive program plans described in section 7114), the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Adult Education and Family Literacy Act, and the McKinney-Vento Homeless Assistance Act. (2) Special rule Notwithstanding paragraph (1), a State that has received a waiver under the Secretary's authority under section 9401 before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (3) Consolidated plan A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 9302. (b) Academic standards, academic assessments, and accountability (1) Challenging academic standards (A) In general Each State plan shall demonstrate that the State has adopted challenging academic content standards and challenging student academic achievement standards that will be used by the State, its local educational agencies, and its schools to carry out this part, except that a State shall not be required to submit such standards to the Secretary. (B) Same standards The academic standards required by subparagraph (A) shall be the same academic standards that the State applies to all schools and children in the State. (C) Subjects The State shall have such academic standards for all public elementary school and secondary school children, including children served under this part, in subjects determined by the State, but including at least mathematics, reading or language arts, and science, which shall include the same knowledge, skills, and levels of achievement expected of all children. (D) Challenging academic standards Standards under this paragraph shall include— (i) challenging academic content standards in academic subjects that— (I) specify what children are expected to know and be able to do; (II) contain coherent and rigorous content; and (III) encourage the teaching of advanced skills; and (ii) challenging student academic achievement standards that— (I) are aligned with the State’s academic content standards; (II) are aligned with the academic coursework at public institutions of higher education in the State, relevant career and technical education standards, and appropriate career skills as determined appropriate by the State; (III) describe two levels of high achievement (proficient and advanced) that determine how well children are mastering the material in the State academic content standards; (IV) describe a third level of achievement (basic) to provide complete information about the progress of the lower-achieving children toward mastering the proficient and advanced levels of achievement; and (V) will prepare a student who graduates from secondary school and who has been determined to be proficient, to succeed without the need for remediation at a public institution of higher education, job training, or work. (E) Information For the subjects in which students will be served under this part, but for which a State is not required by subparagraphs (A), (B), and (C) to develop, and has not otherwise developed, such academic standards, the State plan shall describe a strategy for ensuring that students are taught the same knowledge and skills in such subjects and held to the same expectations as are all children. (F) Existing standards Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before or after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (2) Accountability (A) In general Each State plan shall demonstrate that the State has developed and is implementing a single, statewide State accountability system that will be effective in ensuring that all local educational agencies, public elementary schools, and public secondary schools meet or make satisfactory progress toward meeting State standards as defined under this paragraph. Each State accountability system shall— (i) be based on the academic standards and academic assessments adopted under paragraphs (1) and (3), and other academic indicators consistent with subparagraph (C)(vi) and (vii), and shall take into account the achievement of all public elementary school and secondary school students; (ii) be the same accountability system the State uses for all public elementary schools and secondary schools or all local educational agencies in the State, except that public elementary schools, secondary schools, and local educational agencies not participating under this part are not subject to the requirements of section 1116; and (iii) include recognition for schools that meet or are making satisfactory progress toward meeting State standards and assistance for schools that do not meet or make satisfactory progress toward meeting State standards as described in section 1116. (B) Meeting or making satisfactory progress toward meeting State standards (i) In general Each State plan shall demonstrate, based on academic assessments described in paragraph (3) and other indicators the State may adopt (as described in clause (ii)) and in accordance with this paragraph, what constitutes meeting, or making satisfactory progress toward meeting, State standards for all public elementary schools, secondary schools, and local educational agencies in the State, in order to enable all public elementary school and secondary school students to meet the State’s student academic achievement standards, while working toward the goal of narrowing the achievement gaps in the State, local educational agencies, and schools. (ii) Additional indicators If a State chooses to adopt additional indicators to be used in the determination regarding meeting State standards, the State shall include a description of such indicators in the State plan. (C) Definition The term meeting State standards (i) applies the same high standards of academic achievement to all public elementary school and secondary school students in the State; (ii) is statistically valid and reliable; (iii) results in continuous and substantial academic improvement for all students; (iv) measures the progress of public elementary schools, secondary schools, and local educational agencies and the State based primarily on the academic assessments described in paragraph (3) and other factors the State may adopt, in accordance with subparagraph (B); (v) includes separate measurable annual objectives for continuous and substantial improvement for each of the following: (I) The achievement of all public elementary school and secondary school students. (II) The achievement of— (aa) economically disadvantaged students; (bb) students from major racial and ethnic groups; (cc) students with disabilities; and (dd) students with limited English proficiency; except that disaggregation of data under subclause (II) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; (vi) in accordance with subparagraph (D), includes graduation rates for public secondary school students (defined as the percentage of students who graduate from secondary school with a regular diploma in the standard number of years or, for students who are children with disabilities, within the time allotted by the Individuals with Disabilities Education Act) and at least one other academic indicator, as determined by the State for all public elementary school students; and (vii) in accordance with subparagraph (D), at the State’s discretion, may also include other academic indicators, as determined by the State for all public school students, measured separately for each group described in clause (v), such as achievement on additional State or locally administered assessments, decreases in grade-to-grade retention rates, attendance rates, and changes in the percentages of students completing gifted and talented, advanced placement, and college preparatory courses. (D) Requirements for other indicators In carrying out subparagraph (C)(vi) and (vii), the State— (i) shall ensure that the indicators described in those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards, if any; and (ii) except as provided in subparagraph (I)(i), may not use those indicators to reduce the number of, or change, the schools that would otherwise not meet or make satisfactory progress toward meeting State standards under section 1116 if those additional indicators were not used, but may use them to identify additional schools for school improvement. (E) Timeline Each State shall establish a timeline for students in each subgroup described in subparagraph (C)(v)(II) in each school to meet or make substantial gains toward meeting State standards. (F) Measurable objectives Each State shall establish statewide annual measurable objectives, pursuant to subparagraph (C)(v), for meeting the requirements of this paragraph, and which— (i) shall be set separately for the assessments of mathematics and reading or language arts under paragraph (3); (ii) shall be the same for all schools and local educational agencies in the State; (iii) shall identify a single minimum percentage of students who are required to meet or exceed the proficient level on the academic assessments that applies separately to each group of students described in subparagraph (C)(v); (iv) shall ensure that all students will meet or exceed the State’s proficient level of academic achievement on the State assessments within the State’s timeline under subparagraph (F); and (v) may be the same for more than 1 year, subject to the requirements of subparagraph (H). (G) Intermediate goals for meeting State standards Each State shall establish intermediate goals for meeting the requirements, including the measurable objectives in subparagraph (F), of this paragraph. Each State shall determine the rate of satisfactory progress toward meeting State standards that is acceptable. A State may require schools to— (i) increase proficiency rates by 50 percent for every subgroup described in subparagraph (C)(v) over a period of 6 years; (ii) increase proficiency in annual increments that result in 100 percent proficiency for all students in 6 years; or (iii) use another method that is educationally sound and results in ambitious but achievable progress toward ensuring that all students are prepared to succeed in college, job training, or work. (H) Annual improvement for schools Each year, the State shall determine whether— (i) each group of students described in subparagraph (C)(v) has met or exceeded the objectives set by the State under subparagraph (F), except that if any group described in subparagraph (C)(v) does not meet those objectives in any particular year, the school shall be considered to have met State standards if students in that group who did not meet or exceed the proficient level of academic achievement on the State assessments under paragraph (3) for that year have made at least one year’s academic progress or have made substantial gains in meeting State standards, as determined by the State in accordance with this paragraph; and (ii) not less than 95 percent of each group of students described in subparagraph (C)(v) who are enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with accommodations, guidelines, and alternative assessments provided in the same manner as those provided under section 612(a)(16)(A) of the Individuals with Disabilities Education Act and paragraph (3), on which meeting State standards is based (except that the 95 percent requirement described in this clause shall not apply in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student). (I) Uniform averaging procedure For the purpose of determining whether schools are meeting or making satisfactory progress toward meeting State standards, the State may establish a uniform procedure for averaging data which includes one or more of the following: (i) The State may average data from the school year for which the determination is made with data from one or two school years immediately preceding that school year. (ii) Until the assessments described in paragraph (3) are administered in such manner and time to allow for the implementation of the uniform procedure for averaging data described in clause (i), the State may use the academic assessments that were required under paragraph (3) as that paragraph was in effect on the day preceding the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (J) Accountability for charter schools The accountability provisions under this Act shall be overseen for charter schools in accordance with State charter school law. (K) No approval required The State is not required to receive the approval of the Secretary for a State plan under this paragraph. (3) Academic assessments (A) In general Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics, reading or language arts, and science that will be used as the primary means of determining the yearly performance of the State and of each local educational agency and school in the State in enabling all children to meet the State’s challenging student academic achievement standards. (B) Use of assessments Each State educational agency may incorporate the data from the assessments under this paragraph into a State-developed longitudinal data system that links student test scores, length of enrollment, graduation records over time, and other data as the State may determine to be appropriate. (C) Requirements Such assessments shall— (i) be the same academic assessments used to measure the achievement of all children, except for those students with significant cognitive disabilities for whom an alternative assessment would be appropriate; (ii) be aligned with the State’s challenging academic content and student academic achievement standards, and provide coherent information about student attainment of such standards; (iii) be used for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards; (iv) be used only if the State educational agency provides to the Secretary evidence from the test publisher or other relevant sources that the assessments used are of adequate technical quality for each purpose required under this Act and are consistent with the requirements of this section, and such evidence is made public by the Secretary upon request; (v) measure the achievement of all students against the challenging State academic content and student academic achievement standards in science and be administered not less than one time during— (I) grades 3 through 5; (II) grades 6 through 9; and (III) grades 10 through 12; (vi) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding; (vii) measure the achievement of all students against the challenging State academic content and student academic achievement standards in each of grades 3 through 8 in, at a minimum, mathematics, and reading or language arts; (viii) at the discretion of the State, measure the proficiency of students in academic subjects not described in clauses (v), (vi), (vii) in which the State has adopted challenging academic content and academic achievement standards; (ix) provide for— (I) the participation in such assessments of all students; (II) the valid and reliable adaptations and accommodations necessary for students who are children with disabilities to measure the academic achievement of such students relative to State academic content and State student academic achievement standards; and (III) the inclusion of limited English proficient students, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency as determined under paragraph (7); (x) notwithstanding clause (ix)(III), the academic assessment of reading or language arts, mathematics, and science shall be in English, except that if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests written in English; (xi) include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year, except that the performance of students who have attended more than 1 school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency; (xii) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii) that allow parents, teachers, and principals to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments aligned with State academic achievement standards, and that are provided to parents, teachers, and principals, as soon as is practicably possible after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; (xiii) enable results to be disaggregated within each State, local educational agency, and school by gender, by each major racial and ethnic group, by English proficiency status, by migrant status, by students with disabilities as compared to nondisabled students, and by economically disadvantaged students as compared to students who are not economically disadvantaged, except that, in the case of a local educational agency or a school, such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; (xiv) be consistent with widely accepted professional testing standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information; and (xv) enable itemized score analyses to be produced and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers, principals, and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment items. (4) Special rule Academic assessment measures in addition to those in paragraph (3) that do not meet the requirements of such paragraph may be included in the assessment under paragraph (3) as additional measures, but may not be used in lieu of the academic assessments required under paragraph (3). Such additional assessment measures may not be used to reduce the number of or change the schools that would otherwise be determined to have not met State standards under section 1116 if such additional indicators were not used, but may be used to identify additional such schools. (5) State authority If neither a State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt curriculum content and student academic achievement standards, and academic assessments aligned with such academic standards, which will be applicable to all students enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may meet the requirements of this subsection by— (A) adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or (B) adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt curriculum content and student academic achievement standards, and academic assessments aligned with such standards, which— (i) meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and (ii) are applicable to all students served by each such local educational agency. (6) Language assessments Each State plan shall identify the languages other than English that are present in the participating student population and indicate the languages for which yearly student academic assessments are not available and are needed. The State shall make every effort to develop such assessments and may request assistance from the Secretary, an institution of higher education, tribes, or other entities, if linguistically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not mandate a specific academic assessment or mode of instruction. (7) Academic assessments of english language proficiency Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency (measuring students’ oral language, reading, and writing skills in English) of all students with limited English proficiency in the schools served by the State educational agency. (8) Requirement Each State plan shall describe— (A) how the State educational agency will assist each local educational agency and school affected by the State plan to develop the capacity to comply with each of the requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c) that is applicable to such agency or school; (B) how the State educational agency will assist each local educational agency and school affected by the State plan to provide additional educational assistance to individual students assessed as needing help to achieve the State’s challenging academic achievement standards; (C) the specific steps the State educational agency will take to ensure that both schoolwide programs and targeted assistance schools provide instruction by highly effective instructional staff as required by sections 1114(b)(1)(C) and 1115(c)(1)(E), including steps that the State educational agency will take to ensure that poor and minority children are not taught at higher rates than other children by inexperienced, unqualified, or out-of-field teachers, and the measures that the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such steps; (D) an assurance that the State educational agency will assist local educational agencies in developing or identifying high-quality effective curricula aligned with State academic achievement standards and how the State educational agency will disseminate such curricula to each local educational agency and school within the State; and (E) such other factors the State educational agency determines appropriate to provide students an opportunity to achieve the knowledge and skills described in the challenging academic content standards adopted by the State. (9) Use of academic assessment results to improve student academic achievement Each State plan shall describe how the State educational agency will ensure that the results of the State assessments described in paragraph (3)— (A) will be promptly provided to local educational agencies, schools, and teachers, and to tribes and Native organizations that provide educational services to American Indian or Alaska Natives in a manner that is clear and easy to understand, but not later than before the beginning of the next school year; and (B) be used by those local educational agencies, schools, and teachers to improve the educational achievement of individual students. (c) Other provisions to support teaching and learning Each State plan shall contain assurances that— (1) the State educational agency will meet the requirements of subsection (g)(1) and, will produce the annual State report cards described in such subsection; (2) the State will participate in biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; (3) the State educational agency, in consultation with the Governor, will include, as a component of the State plan, a plan to carry out the responsibilities of the State under sections 1116 and 1117, including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies; (4) the State educational agency will work with other agencies, including educational service agencies or other local consortia, and institutions to provide technical assistance to local educational agencies and schools, including technical assistance in providing professional development under section 1119, technical assistance under section 1117, and technical assistance relating to parental involvement under section 1118; (5) (A) where educational service agencies exist, the State educational agency will consider providing professional development and technical assistance through such agencies; and (B) where educational service agencies do not exist, the State educational agency will consider providing professional development and technical assistance through other cooperative agreements such as through a consortium of local educational agencies; (6) the State educational agency will notify local educational agencies and the public of the content and student academic achievement standards and academic assessments developed under this section, and of the authority to operate schoolwide programs, and will fulfill the State educational agency’s responsibilities regarding school improvement under section 1116, including such corrective actions as are necessary; (7) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part; (8) the State educational agency will inform the Secretary and the public of how Federal laws, if at all, hinder the ability of States to hold local educational agencies and schools accountable for student academic achievement; (9) the State educational agency will encourage schools to consolidate funds from other Federal, State, and local sources for schoolwide reform in schoolwide programs under section 1114; (10) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources for schoolwide programs under section 1114; (11) the State educational agency has involved the committee of practitioners established under section 1903(b) in developing the plan and monitoring its implementation; (12) the State educational agency will inform local educational agencies in the State of the local educational agency’s authority to transfer funds under title VI, to obtain waivers under part D of title IX, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999; (13) the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate; (14) the State educational agency will encourage local educational agencies and individual schools participating in a program assisted under this part to offer family literacy services (using funds under this part), if the agency or school determines that a substantial number of students served under this part by the agency or school have parents who do not have a secondary school diploma or its recognized equivalent or who have low levels of literacy; and (15) the State educational agency has engaged in timely and meaningful consultation with representatives of Indian tribes and Native organizations that may be located in the State in the development of the State plan to serve local educational agencies under its jurisdiction in order to improve the coordination of activities under this Act, to meet the purpose of this title, and to meet the unique cultural, language, and educational needs of American Indian, Alaska Native, and Native Hawaiian students. (d) Parental involvement Each State plan shall describe how the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices. Such practices shall— (1) be based on the most current research that meets the highest professional and technical standards, on effective parental involvement that fosters achievement to high standards for all children; and (2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement experienced. (e) Peer review (1) Secretarial duties The Secretary shall— (A) establish a peer-review process to assist in the review of State plans; and (B) appoint individuals to the peer-review process who are representative of parents, teachers, State educational agencies, and local educational agencies, and, where applicable, representatives of tribes or tribal organizations who are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students. (2) Peer review report The peer review panel will provide their views on whether the State’s plan complies with the requirements of this section and the degree to which it is likely to improve the academic achievement of all students to the Secretary and to the State. The Secretary shall make the peer review panel’s report public and shall provide copies to the Committee on Health, Education Labor, and Pensions of the Senate and the Education and Workforce Committee of the House of Representatives. (3) Approval The Secretary shall approve a State plan within 120 days of its submission unless the Secretary determines that the State has not included all required information in its plan. (4) Opportunity to revise If the Secretary determines that the State has not included all required information in its State plan, the Secretary shall offer the State the opportunity to revise its plan. A State educational agency shall revise its State plan to include all required information in order to receive funds under subpart 2. (5) Limits to Secretary's power The Secretary shall not have the authority to disapprove how the State plans to fulfill the requirements of this section, nor shall the Secretary have the authority to require a State, as a condition of approval, funding, or priority for funding under this Act, to include or delete from the State plan 1 or more elements associated with the State’s standards, curriculum, or assessments. (f) Duration of the plan (1) In general Each State plan shall— (A) remain in effect for the duration of the State’s participation under this part; and (B) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this part. (2) Additional information If significant changes are made to a State’s plan, such as the adoption of new State academic content standards and State student achievement standards, new academic assessments, or a new definition of meeting State standards, such information shall be submitted to the Secretary. The Secretary shall have no authority to approve or disapprove such changes. (g) Reports (1) Annual State report card (A) In general A State that receives assistance under this part shall prepare and disseminate an annual State report card to the public. (B) Implementation The State report card shall be— (i) concise; and (ii) presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents and the community can understand. (C) Required information The State shall include in its annual State report card— (i) a clear and concise description of the State’s accountability system, including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established, consistent with subsection (b)(2) and section 1116, to determine the status of schools in the State's multi-tiered system; (ii) information, in the aggregate, on student achievement at each proficiency level on the State academic assessments described in subsection (b)(3) (disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student); (iii) information that provides a comparison between the actual achievement levels of each group of students described in subsection (b)(2)(C)(v) and the State’s annual measurable objectives for each such group of students on each of the academic assessments required under this part; (iv) the percentage of students not tested (disaggregated by the same categories and subject to the same exception described in clause (i)); (v) the most recent 2-year trend in student achievement in each subject area, and for each grade level, for which assessments under this section are required; (vi) aggregate information on any other indicators used by the State to determine whether students have met or are making satisfactory progress toward meeting State standards; (vii) graduation rates for secondary school students consistent with subsection (b)(2)(C)(vi); (viii) information on the performance of local educational agencies and schools in the State regarding whether such agencies and schools have met or are making satisfactory progress toward meeting State standards, including the names of each school identified in each tier under section 1116(c); and (ix) the professional qualifications of teachers in the State, the percentage of such teachers teaching with emergency or provisional credentials, and the percentage of classes in the State not taught by highly effective teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in the top quartile of poverty and the bottom quartile of poverty in the State. (D) Optional information The State may include in its annual State report card other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and public secondary schools, such as the following: (i) School attendance rates. (ii) Average class size in each grade. (iii) Academic achievement and gains in English proficiency of limited English proficient students. (iv) The incidence of school violence, drug abuse, alcohol abuse, student suspensions, and student expulsions. (v) The extent and type of parental involvement in the schools. (vi) The percentage of students completing advanced placement or dual enrollment courses, and the rate of passing of advanced placement tests. (2) Annual local educational agency report cards to the public (A) Report cards A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card. (B) Minimum requirements The State educational agency shall ensure that each local educational agency collects appropriate data and includes in the local educational agency’s annual report card the information described in paragraph (1)(C) as applied to the local educational agency and each school served by the local educational agency, and— (i) in the case of a local educational agency— (I) the number and percentage of schools identified in each tier under section 1116(c) and how long the schools have been so identified; and (II) information that shows how students served by the local educational agency achieved on the statewide academic assessment compared to students in the State as a whole; and (ii) in the case of a school— (I) the tier the school is in under section 1116; and (II) information that shows how the school’s students achievement on the statewide academic assessments and other indicators of meeting State standards compared to students in the local educational agency and the State as a whole. (C) Other information A local educational agency may include in its annual local educational agency report card any other appropriate information, whether or not such information is included in the annual State report card. (D) Data A local educational agency or school shall only include in its annual local educational agency report card data that are sufficient to yield statistically reliable information, as determined by the State, and that do not reveal personally identifiable information about an individual student. (E) Public dissemination The local educational agency shall publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending those schools in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand, and make the information widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies, except that if a local educational agency issues a report card for all students, the local educational agency may include the information under this section as part of such report. (3) Preexisting report cards A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (4) Annual State report to the secretary Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on the achievement of students on the academic assessments required by subsection (b)(3), including the disaggregated results for the categories of students identified in subsection (b)(2)(C)(v); (B) information on the acquisition of English language proficiency by children with limited English proficiency; (C) the number and names of each school in the tiers described in paragraphs (2), (3), and (4) of section 1116(c), the reason why each school was so identified, and the measures taken to address the achievement problems of such schools; (D) the number of students and schools that participated in public school choice and supplemental service programs and activities under this title; and (E) information on the quality of teachers and the percentage of classes being taught by highly effective teachers in the State and in each local educational agency and school. (5) Report to congress The Secretary shall transmit annually 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 a report that provides national and State-level data on the information collected under paragraph (4). (6) Parents right-to-know (A) Qualifications At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including, at a minimum, the following: (i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. (ii) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. (iii) The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree. (iv) Whether the child’s teacher is highly effective under the definition adopted by the State. (v) Whether the child is provided services by paraprofessionals and, if so, their qualifications. (B) Additional information In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent information on the level of achievement of the parent’s child in each of the State academic assessments as required under this part. (C) Format The notice and information provided to parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (h) Privacy Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals. (i) Technical assistance The Secretary shall provide a State educational agency, at the State educational agency’s request, technical assistance in meeting the requirements of this section. (j) Voluntary partnerships A State may enter into a voluntary partnership with another State to develop and implement the academic assessments and standards required under this section. (k) Construction Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. (l) Special rule with respect to bureau-funded schools In determining the assessments to be used by each operated or funded by BIA school receiving funds under this part, the following shall apply: (1) Each such school that is accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. (2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment, in consultation with and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. (3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of this section. 1112. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other Acts, as appropriate. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 9305. (b) Plan provisions (1) In general In order to help low-achieving children meet challenging achievement academic standards, each local educational agency plan shall include— (A) a description of high-quality student academic assessments, if any, that are in addition to the academic assessments described in the State plan under section 1111(b)(3), that the local educational agency and schools served under this part will use— (i) to determine the success of children served under this part in meeting the State student academic achievement standards, and to provide information to teachers, parents, and students on the progress being made toward meeting the State student academic achievement standards described in section 1111(b)(1)(D)(ii); (ii) to assist in diagnosis, teaching, and learning in the classroom in ways that best enable low-achieving children served under this part to meet State student achievement academic standards and do well in the local curriculum; (iii) to determine what revisions are needed to projects under this part so that such children meet the State student academic achievement standards; and (iv) to identify effectively students who may be at risk for reading failure or who are having difficulty reading, through the use of screening, diagnostic, and classroom-based instructional reading assessments, as defined under section 1208; (B) at the local educational agency’s discretion, a description of any other indicators that will be used in addition to the academic indicators described in section 1111(b)(2) for the uses described in such section; (C) a description of how the local educational agency will provide additional educational assistance to individual students assessed as needing help in meeting the State’s challenging student academic achievement standards; (D) a description of the strategy the local educational agency will use to coordinate programs under this part with programs under title II to provide professional development for teachers and principals, and, if appropriate, pupil services personnel, administrators, parents and other staff, including local educational agency level staff in accordance with sections 1118 and 1119; (E) a description of how the local educational agency will coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as— (i) Head Start and other preschool programs, including plans for the transition of participants in such programs to local elementary school programs; and (ii) services for— (I) children with limited English proficiency, (II) children with disabilities; (III) migratory children; (IV) neglected or delinquent youth; (V) American Indian, Alaska Native, and Native Hawaiian children; (VI) homeless children; and (VII) immigrant children, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program; (F) an assurance that the local educational agency will participate, if selected, in the State National Assessment of Educational Progress in 4th and 8th grade reading and mathematics carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act; (G) a description of the poverty criteria that will be used to select school attendance areas under section 1113; (H) a description of how teachers, in consultation with parents, administrators, and pupil services personnel, in targeted assistance schools under section 1115, will identify the eligible children most in need of services under this part; (I) a general description of the nature of the programs to be conducted by such agency’s schools under sections 1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs; (J) a description of how the local educational agency will ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (K) if appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating in a Head Start program, which services may be provided directly by the local educational agency or through a subcontract with the local Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable public early childhood development program; (L) a description of the actions the local educational agency will take to assist its low-achieving schools identified in the tiers described in paragraphs (2), (3), and (4) of section 1116(c); (M) a description of the actions the local educational agency will take to implement public school choice and supplemental services, if applicable, consistent with the requirements of section 1116(c); (N) a description of how the local educational agency will meet the requirements of section 1119; (O) a description of the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(c)(3)(A); (P) a description of the strategy the local educational agency will use to implement effective parental involvement under section 1118; (Q) where appropriate, a description of how the local educational agency will use funds under this part to support after school (including before school and summer school) and school-year extension programs; and (R) where applicable, a description of the procedure that the local educational agency will use to engage in timely, ongoing, and meaningful consultation with representatives of Indian tribes and Native organizations located in the area served by the local educational agency, in the development of the local plan in order to improve the coordination of activities under this Act, to meet the purposes of this title, and to meet the unique cultural, language, and educational needs of American Indian, Alaska Native, and Native Hawaiian students. (2) Exception The academic assessments and indicators described in subparagraphs (A) and (B) of paragraph (1) shall not be used— (A) in lieu of the academic assessments required under section 1111(b)(3) and other State academic indicators under section 1111(b)(2); or (B) to reduce the number of, or change which, schools would otherwise be identified in the tiers described in paragraphs (2), (3), or (4) of section 1116(c), if such additional assessments or indicators described in such subparagraphs were not used, but such assessments and indicators may be used to identify additional schools for school improvement. (c) Assurances (1) In general Each local educational agency plan shall provide assurances that the local educational agency will— (A) inform eligible schools and parents of schoolwide program authority and the ability of such schools to consolidate funds from Federal, State, and local sources; (B) provide technical assistance and support to schoolwide programs; (C) work in consultation with schools as the schools develop the schools’ plans pursuant to section 1114 and assist schools as the schools implement such plans or undertake activities pursuant to section 1115 so that each school can meet, or make satisfactory progress toward meeting, State standards; (D) fulfill such agency’s school improvement responsibilities under section 1116, including taking actions under subsections (c), (d), and (f) of section 1116; (E) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services; (F) take into account the experience of model programs for the educationally disadvantaged, and the findings of relevant scientifically based research indicating that services may be most effective if focused on students in the earliest grades at schools that receive funds under this part; (G) in the case of a local educational agency that chooses to use funds under this part to provide early childhood development services to low-income children below the age of compulsory school attendance, ensure that such services comply with the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act or the State’s early learning standards; (H) work in consultation with schools as the schools develop and implement their plans or activities under sections 1118 and 1119; (I) comply with the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals and professional development; (J) inform eligible schools of the local educational agency’s authority to obtain waivers on the school’s behalf under title IX and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999; (K) coordinate and collaborate, to the extent feasible and necessary as determined by the local educational agency, with the State educational agency, other agencies, and representatives of Indian tribes and Native organizations present in the area served providing services to children, youth, and families with respect to a school that has been identified in a tier described in paragraph (2), (3), or (4) of section 1116(c) if such a school requests assistance from the local educational agency in addressing major factors that have significantly affected student achievement at the school; (L) ensure, through incentives for voluntary transfers, the provision of professional development, recruitment programs, or other effective strategies, that low-income students and minority students are not taught at higher rates than other students by unqualified, out-of-field, or inexperienced teachers; (M) use the results of the student academic assessments required under section 1111(b)(3), and other measures or indicators available to the agency, to review annually the progress of each school served by the agency and receiving funds under this part to determine whether all of the schools are meeting or making satisfactory progress toward meeting State standards as determined by the State; (N) ensure that the results from the academic assessments required under section 1111(b)(3) will be provided to parents and teachers as soon as is practicably possible after the test is taken, in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; (O) assist each school served by the agency and assisted under this part in developing or identifying examples of high-quality, effective curricula consistent with section 1111(b)(8)(D); and (P) engage in timely and meaningful consultation with representatives of Indian tribes and Native organizations located in the area served by the local educational agency. (2) Special rule In carrying out subparagraph (G) of paragraph (1), the Secretary— (A) shall consult with the Secretary of Health and Human Services and shall establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subparagraph; and (B) shall disseminate to local educational agencies the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act, and such agencies affected by such subparagraph shall plan for the implementation of such subparagraph (taking into consideration existing State and local laws, and local teacher contracts), including pursuing the availability of other Federal, State, and local funding sources to assist in compliance with such subparagraph. (d) Plan development and duration (1) Consultation Each local educational agency plan shall be developed in consultation with teachers, principals, administrators (including administrators of programs described in other parts of this title), other appropriate school personnel, representatives of local Indian tribes and Native organizations located in the area served by the local educational agency, and parents of children in schools served under this part. (2) Duration Each such plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (3) Review Each local educational agency shall periodically review and, as necessary, revise its plan. (e) State approval (1) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (2) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— (A) enables schools served under this part to substantially help children served under this part meet the academic standards expected of all children described in section 1111(b)(1); and (B) meets the requirements of this section. (3) Review The State educational agency shall review the local educational agency’s plan to determine if such agencies activities are in accordance with sections 1118 and 1119. (f) Program responsibility The local educational agency plan shall reflect the shared responsibility of schools, teachers, and the local educational agency in making decisions regarding activities under sections 1114 and 1115. (g) Parental notification (1) Notice Each local educational agency using funds under this part to provide a language instruction educational program as determined in part C of title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of a limited English proficient child identified for participation or participating in, such a program of— (A) the reasons for the identification of their child as limited English proficient and in need of placement in a language instruction educational program; (B) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (C) the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (D) how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child; (E) how such program will specifically help their child learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation; (F) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for limited English proficient children, and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools; (G) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; (H) information pertaining to parental rights that includes written guidance— (i) detailing— (I) the right that parents have to have their child immediately removed from such program upon their request; and (II) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (ii) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity. (2) Notice The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for limited English proficient children shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (3) Special rule applicable during the school year For those children who have not been identified as limited English proficient prior to the beginning of the school year the local educational agency shall notify parents within the first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and (2). (4) Parental participation Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of limited English proficient students to inform the parents regarding how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet challenging State academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part. (5) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any Federally assisted education program on the basis of a surname or language-minority status. 1113. Eligible school attendance areas (a) Determination (1) In general A local educational agency shall use funds received under this part only in eligible school attendance areas. (2) Eligible school attendance areas For the purposes of this part— (A) the term school attendance area (B) the term eligible school attendance area (3) Ranking order If funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (A) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and (B) serve such eligible school attendance areas in rank order. (4) Remaining funds If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall— (A) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and (B) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. (5) Measures The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (A) to identify eligible school attendance areas; (B) to determine the ranking of each area; and (C) to determine allocations under subsection (c). (6) Exception This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. (7) Waiver for desegregation plans The Secretary may approve a local educational agency’s written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if— (A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and (B) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. (b) Local educational agency discretion (1) In general Notwithstanding subsection (a)(2), a local educational agency may— (A) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; (B) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency; (C) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and (D) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if— (i) the school meets the comparability requirements of section 1120A(c); (ii) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of section 1114 or 1115; and (iii) the funds expended from such other sources equal or exceed the amount that would be provided under this part. (2) Special rule Notwithstanding paragraph (1)(D), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). (c) Allocations (1) In general A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school. (2) Special rule (A) In general Except as provided in subparagraph (B), the per-pupil amount of funds allocated to each school attendance area or school under paragraph (1) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this paragraph shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater. (B) Exception A local educational agency may reduce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of section 1114 or 1115. (3) Reservation A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— (A) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children may live; (B) children in local institutions for neglected children; and (C) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs. (4) Financial incentives and rewards reservation A local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under title II, and not more than 5 percent of those funds received by the local educational agency under subpart 2, to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified in a tier described in paragraph (2), (3), or (4) of section 1116(c) for the purpose of attracting and retaining qualified and effective teachers. 1114. Schoolwide programs (a) Use of funds for schoolwide programs (1) In general A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families. (2) Identification of students not required (A) In general No school participating in a schoolwide program shall be required— (i) to identify particular children under this part as eligible to participate in a schoolwide program; or (ii) to provide services to such children that are supplementary, as otherwise required by section 1120A(b). (B) Supplemental funds A school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children with limited English proficiency. (3) Exemption from statutory and regulatory requirements (A) Exemption Except as provided in subsection (b), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met. (B) Requirements A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. (C) Records A school that consolidates and uses funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. (4) Professional development Each school receiving funds under this part for any fiscal year shall devote sufficient resources to effectively carry out the activities described in subsection (b)(1)(D) in accordance with section 1119 for such fiscal year, except that a school may enter into a consortium with another school to carry out such activities. (b) Components of a schoolwide program (1) In general A schoolwide program shall include the following components: (A) A comprehensive needs assessment of the entire school (including taking into account the needs of migratory children as defined in section 1309(2)) that is based on information which includes the achievement of children in relation to the State academic content standards and the State student academic achievement standards described in section 1111(b)(1). (B) Schoolwide reform strategies that— (i) provide opportunities for all children to meet the State’s proficient and advanced levels of student academic achievement described in section 1111(b)(1)(D); (ii) use effective methods and instructional strategies that are based on scientifically based research that— (I) strengthen the core academic program in the school; (II) increase the amount and quality of learning time, such as providing an extended school year and before- and after-school and summer programs and opportunities, and help provide an enriched and accelerated curriculum; and (III) include strategies for meeting the educational needs of historically underserved populations; (iii) (I) include strategies to address the needs of all children in the school, but particularly the needs of low-achieving children and those at risk of not meeting the State student academic achievement standards who are members of the target population of any program that is included in the schoolwide program, which may include— (aa) counseling, pupil services, and mentoring services; (bb) college and career awareness and preparation, such as college and career guidance, personal finance education, and innovative teaching methods, which may include applied learning and team-teaching strategies; and (cc) the integration of career and technical education, arts, and physical education programs; and (II) address how the school will determine if such needs have been met; and (iv) are consistent with, and are designed to implement, the State and local improvement plans, if any. (C) Instruction by highly effective teachers. (D) In accordance with section 1119 and subsection (a)(4), high-quality and ongoing professional development for teachers, principals, and paraprofessionals and, if appropriate, pupil services personnel, parents, and other staff to enable all children in the school to meet the State’s student academic achievement standards. (E) Strategies to attract high-quality highly effective teachers to high-need schools. (F) Strategies to increase parental involvement in accordance with section 1118, such as family literary services. (G) Plans for assisting preschool children in the transition from early childhood programs, such as Head Start or a State-run preschool program, to local elementary school programs. (H) Measures to include teachers in the decisions regarding the use of academic assessments described in section 1111(b)(3) in order to provide information on, and to improve, the achievement of individual students and the overall instructional program. (I) Activities to ensure that students who experience difficulty mastering the proficient or advanced levels of academic achievement standards required by section 1111(b)(1) shall be provided with effective, timely additional assistance which shall include measures to ensure that students’ difficulties are identified on a timely basis and to provide sufficient information on which to base effective assistance. (J) Coordination and integration of Federal, State, and local services and programs, including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start, adult education, vocational and technical education, and job training. (2) Plan (A) In general Any eligible school that desires to operate a schoolwide program shall first develop (or amend a plan for such a program that was in existence on the day before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (i) describes how the school will implement the components described in paragraph (1); (ii) describes how the school will use resources under this part and from other sources to implement those components; (iii) includes a list of State educational agency and local educational agency programs and other Federal programs under subsection (a)(3) that will be consolidated in the schoolwide program; and (iv) describes how the school will provide individual student academic assessment results in a language the parents can understand, including an interpretation of those results, to the parents of a child who participates in the academic assessments required by section 1111(b)(3). (B) Plan development The comprehensive plan shall be— (i) developed during a one-year period, unless— (I) the local educational agency, after considering the recommendation of the technical assistance providers under section 1117, determines that less time is needed to develop and implement the schoolwide program; or (II) the school is operating a schoolwide program on the day preceding the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (ii) developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, and administrators (including administrators of programs described in other parts of this title), and, if appropriate, pupil services personnel, technical assistance providers, school staff, and, if the plan relates to a secondary school, students from such school; (iii) in effect for the duration of the school’s participation under this part and reviewed and revised, as necessary, by the school; (iv) available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and (v) if appropriate, developed in coordination with programs under the Carl D. Perkins Career and Technical Education Act of 2006 and the Head Start Act. (c) Prekindergarten program A school that is eligible for a schoolwide program under this section may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6. 1115. Targeted assistance schools (a) In general In all schools selected to receive funds under section 1113(c) that are ineligible for a schoolwide program under section 1114, or that choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subsection (b) identified as having the greatest need for special assistance. (b) Eligible children (1) Eligible population (A) In general The eligible population for services under this section is— (i) children not older than age 21 who are entitled to a free public education through grade 12; and (ii) children who are not yet at a grade level at which the local educational agency provides a free public education. (B) Eligible children from eligible population From the population described in subparagraph (A), eligible children are children identified by the school as failing, or most at risk of failing, to meet the State’s challenging student academic achievement standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of such criteria as teacher judgment, interviews with parents, and developmentally appropriate measures. (2) Children included (A) In general Children who are economically disadvantaged, children with disabilities, migrant children, American Indian, Alaska Native or Native Hawaiian children, or limited English proficient children, are eligible for services under this part on the same basis as other children selected to receive services under this part. (B) Head start children A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program or in preschool services under this title, is eligible for services under this part. (C) Part c children A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this part. (D) Neglected or delinquent children A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this part. (E) Homeless children A child who is homeless and attending any school served by the local educational agency is eligible for services under this part. (F) Indian children A child who, at any time in the 2 years preceding the year for which the determination is made, received services under title VII is eligible for services under this part. (3) Special rule Funds received under this part may not be used to provide services that are otherwise required by law to be made available to children described in paragraph (2) but may be used to coordinate or supplement such services. (c) Components of a targeted assistance school program (1) In general To assist targeted assistance schools and local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the State’s challenging student academic achievement standards in subjects as determined by the State, each targeted assistance program under this section shall— (A) use such program’s resources under this part to help participating children meet such State’s challenging student academic achievement standards expected for all children; (B) ensure that planning for students served under this part is incorporated into existing school planning; (C) use effective methods and instructional strategies that are based on scientifically based research that strengthens the core academic program of the school and may include— (i) extended learning time, such as an extended school year, before- and after-school, and summer programs and opportunities; (ii) help provide an accelerated, high-quality curriculum, including applied learning; (iii) positive behavioral interventions and supports and response to intervention; and (iv) minimize removing children from the regular classroom during regular school hours for instruction provided under this part; (D) coordinate with and support the regular education program, which may include services to assist preschool children in the transition from early childhood programs such as Head Start and State-run preschool programs to elementary school programs; (E) provide instruction by highly effective teachers; (F) in accordance with subsection (e)(3) and section 1119, provide opportunities for professional development with resources provided under this part, and, to the extent practicable, from other sources, for teachers, principals, and paraprofessionals, including, if appropriate, pupil services personnel, parents, and other staff, who work with participating children in programs under this section or in the regular education program; (G) provide strategies to increase parental involvement in accordance with section 1118, such as family literacy services; and (H) coordinate and integrate Federal, State, and local services and programs, including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start, adult education, vocational and technical education, and job training. (2) Requirements Each school conducting a program under this section shall assist participating children selected in accordance with subsection (b) to meet the State’s proficient and advanced levels of achievement by— (A) the coordinating of resources provided under this part with other resources; and (B) reviewing, on an ongoing basis, the progress of participating children and revising the targeted assistance program, if necessary, to provide additional assistance to enable such children to meet the State’s challenging student academic achievement standards, such as an extended school year, before- and after-school, and summer programs and opportunities, training for teachers regarding how to identify students who need additional assistance, and training for teachers regarding how to implement student academic achievement standards in the classroom. (d) Integration of professional development To promote the integration of staff supported with funds under this part into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this part may— (1) participate in general professional development and school planning activities; and (2) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school. (e) Special rules (1) Simultaneous service Nothing in this section shall be construed to prohibit a school from serving students under this section simultaneously with students with similar educational needs, in the same educational settings where appropriate. (2) Comprehensive services If— (A) health, nutrition, and other social services are not otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in a comprehensive needs assessment and established a collaborative partnership with local service providers; and (B) funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this part may be used as a last resort to provide such services, including— (i) the provision of basic medical equipment, such as eyeglasses and hearing aids; (ii) compensation of a coordinator; and (iii) professional development necessary to assist teachers, pupil services personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children. (3) Professional development Each school receiving funds under this part for any fiscal year shall devote sufficient resources to carry out effectively the professional development activities described in subparagraph (F) of subsection (c)(1) in accordance with section 1119 for such fiscal year, and a school may enter into a consortium with another school to carry out such activities. 1116. Academic assessment and local educational agency and school improvement (a) Establishment of new State flexibility in accountability requirements (1) In general Beginning one year after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 and except as provided in paragraph (2), each State educational agency and local educational agency shall determine the performance of, and consequences for, the public schools served under this part in accordance with this section. (2) State flexibility A State that has received a waiver pursuant to the Secretary's authority under section 9401 before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (b) Evaluation (1) In general Each State educational agency shall, for each year and in coordination with each local educational agency, evaluate a school's performance for the previous school year to— (A) determine whether the school has met State standards or is making satisfactory progress toward meeting State standards; and (B) assign each school to a tier described in subsection (c). (2) Considerations In determining the proper tier for a school, the State educational agency shall consider, at a minimum— (A) each school's performance and progress toward ensuring that each student is proficient on State standards or is making satisfactory progress toward attaining proficiency on the State’s standards, as measured by the State academic assessments and other indicators described in the State and local plans under sections 1111 and 1112; and (B) is on track to graduate from high school on time or, for students with an individualized educational program, within the period allowed under the Individuals with Disabilities Education Act. (c) Accountability tiers Each State shall develop an accountability system to identify schools that consists of a series of tiers and shall assign rational and appropriate consequences to each tier. The system shall include, at a minimum, the following tiers and consequences for each tier: (1) Meeting State standards (A) Description This tier shall include each school in the State that meets the requirements of subparagraphs (B) and (C) of section 1111(b)(2). (B) Consequence The State educational agency shall provide a school in this tier with appropriate recognition and shall ensure that the school’s best practices are disseminated to other local educational agencies in the State. (2) Nearly meeting State standards and making growth (A) Description This tier shall include each school in the State that— (i) has not met the requirements of subparagraphs (B) and (C) of section 1111(b)(2) for not more than 2 of the subgroups of students described in section 1111(b)(2)(C)(v)(II) for which data must be disaggregated; and (ii) demonstrates that the school is making satisfactory progress toward meeting such standards, such as by satisfying the safe harbor provisions of section 1111(b)(2)(I) or as required by the State plan under section 1111(h). (B) Consequences (i) The State educational agency shall provide each school in this tier with appropriate recognition for the school's successes and growth. (ii) The local educational agency shall ensure that each such school creates, and submits for approval by the local educational agency, a research-based improvement plan for the students in such subgroups attending the school who are in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, or for improving the graduation rate, as applicable, and implements the approved plan. (3) Not meeting State standards for a significant number of categories (A) Description This tier shall include each school in the State that— (i) did not meet the requirements of subparagraphs (B) and (C) of section 1111(b)(2) for a significant number of subgroups; and (ii) is not showing enough improvement to provide reasonable confidence that the students will be meeting or making satisfactory progress toward meeting State standards as required by the State plan under section 1111(b) or that the graduation rate will improve within the number of years required by the State plan. (B) Consequences (i) Recognition The State educational agency shall ensure that each school in this tier receives recognition for what the school is doing well. (ii) Improvement plan (I) In general The local educational agency serving each school in this tier shall audit the policies and practices of the school, as described in subsection (d), and, based on the results, shall create, in consultation with parents, teachers, administrators, and as applicable, representatives of tribes or Native organizations that are serving students who attend the school, and submit to the State educational agency for approval, a research-based improvement plan for the students in each subgroup of students attending the school who are in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics, reading or language arts, for improving the graduation rate in the school, or for the school as a whole, as appropriate, and implement the approved plan. (II) Requirements A plan described in this clause shall include valid, reliable, evidence-based interventions and may be developed with the assistance of a nonprofit organization with demonstrated effectiveness in school improvement research or implementation. (iii) Supplemental educational services (I) In general The local educational agency shall provide supplemental educational services to students attending the school who are in any of grades 3 through 12, who are in the subgroups that did not meet the State standards, and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, in accordance with subsection (e) of this section, as such section was in effect on the day before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (II) Additional rules In addition to the other requirements of this clause— (aa) in order to provide services under this subsection to students in a school, a provider on the list of approved providers across the State must also have provided the State with evidence that the provider is successful at serving any subgroup of students at the school that did not meet State standards for the preceding year; (bb) local educational agencies may negotiate performance-based contracts with providers regarding— (AA) the hourly rates for the supplemental educational services and the minimum supplemental educational services hours provided; (BB) tutor qualifications and the curriculum to be provided, particularly for serving students who are limited English proficient and children with disabilities; and (CC) other programmatic and financial management factors. (iv) Technical assistance The State educational agency shall provide technical assistance to assist the local educational agency to improve student proficiency or graduation rates at a school identified under this subsection and may require the local educational agency to implement specific and appropriate interventions. (4) Not meeting State standards for a significant number of categories for multiple years (A) Description This tier shall include each school in the State that— (i) did not meet the requirements of subparagraphs (B) and (C) of section 1111(b)(2) for a significant number of subgroups; and (ii) is showing little or no improvement. (B) Consequences (i) Audit and implementation of turnaround model or school improvement strategies The State shall conduct an in-depth audit of the school and shall require the local educational agency to implement— (I) an alternative model of governance allowed under State law; or (II) school improvement strategies based on a system of support model described in subsection (d). (ii) Consultation A State educational agency shall determine the appropriate models or strategies to be used in accordance with clause (i), but shall engage in meaningful consultation with the local educational agency serving such school, educators, Indian tribes or Native organizations located in the area served by the school, and parents before making a final determination. (iii) No Federal influence The Secretary shall not prioritize, incentivize, or require the use of, any particular method of school turnaround or school improvement strategy. (iv) Supplemental educational services The State educational agency shall require that the local educational agency provide supplemental educational services to students attending the school who are enrolled in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, in accordance with paragraph (3)(B)(iii). (v) Public school choice (I) In general Not later than the first day of the school year following a school's classification in this tier, the local educational agency serving the school may provide students in grades 3 through 12 who are enrolled in the school and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts with the option to transfer to another public school served by the local educational agency in accordance with subclause (II), which may include a public charter school, that has not been identified for school improvement under this paragraph, unless such an option is prohibited by State law. The local educational agency shall provide, or shall pay for the provision of, transportation to the public school the student attends if the local educational agency chooses to make this option available. (II) Transfer Students who use the option to transfer under this clause shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. (III) Special rules Notwithstanding the requirements of this clause, a local educational agency shall not be required to provide students with the option to transfer to a school under this subparagraph if doing so would expose students to unsafe or unreasonable transportation routes or means or if there is no higher-performing school within the school district that has the space or capacity to serve them. (vi) Withholding of State or Federal funds A State shall have full authority to mandate any necessary changes to a school in order to effect improvement and to withhold Federal funding made available by this act or State funding. (5) State determinations The State educational agency shall determine the number of subgroups of students and the number of years of improvement that are required for a school to be designated as part of a particular tier. The Secretary shall not approve, disapprove, prioritize, or otherwise control the decision made by the State with regard to this provision. (d) System of support model Subject to section 1117, a system of support model described in this subsection shall provide aligned resources, information, tools, professional development, and technical assistance to assist local educational agencies and schools to improve. A State educational agency that chooses to implement a system of support model for school improvement shall implement strategies and assistance as required by the needs of the school. This model shall include a review, and, if necessary, assistance in the following areas: (1) Curriculum development, alignment with performance standards, and implementation in classrooms. (2) Assessment, including formative and summative data collection and review, alignment with curriculum and performance standards, and use of data to guide instruction. (3) Instruction, including applying multiple effective strategies, differentiated instruction, response to intervention, and alignment with performance standards. (4) Supportive learning environment, including effective classroom management, maximizing instructional time, discipline or behavior plans, attendance, parent and community involvement, extended learning, and positive behavioral intervention and support. (5) Professional development, such as job-embedded, results-oriented, data-driven mentoring. (6) Leadership, including— (A) developing and implementing effective improvement strategies; (B) creating a positive learning environment and effective adult learning community; (C) parental and community engagement; (D) using data to improve student progress; (E) teacher supervision, support, evaluation, and collaboration; and (F) the school's mission, vision, and goals. (e) State plan A State shall include a description of the State's multi-tiered system under this section in the State plan submitted under section 1111(a), and shall provide to the Secretary such information as the Secretary may reasonably require relating to the system and the performance of the State's schools in the system in the State's report under section 1111(h)(2). The Secretary shall have no authority to approve or disapprove the system under such plan. (f) Funds for transportation and supplemental educational services (1) In general Subject to subsection (c)(4)(B)(v), a local educational agency may reserve funds from its allocation under subpart 2 to provide transportation as required under subsection (c)(4)(E) and to satisfy all requests for supplemental educational services under section 1116(e), subject to paragraph (2). (2) Unused funds Beginning 30 days after the first day of a school year, a local educational agency may spend the amount reserved under paragraph (1) for other purposes, if the local educational agency certifies to the State educational agency that all families of students eligible for transportation under subsection (c)(4)(E), or supplemental educational services under subsection (c), have been notified of the opportunity and have been provided with a reasonable period of time to change schools or enroll in supplemental educational services, as appropriate. (g) Schools funded by the bureau of indian education (1) Meeting standards or making satisfactory progress toward meeting standards for bureau funded schools (A) Development of definition (i) Definition The Secretary of the Interior, in consultation with the Secretary if the Secretary of Interior requests the consultation, using the process set out in section 1138(b) of the Education Amendments of 1978, shall define meeting or making satisfactory progress toward meeting State standards, for the schools funded by the Bureau of Indian Education on a regional or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools. (ii) Use of definition The Secretary of the Interior, consistent with clause (i), may use the definition of meeting or making satisfactory progress toward meeting State standards that the State in which the school that is funded by the Bureau is located uses consistent with section 1111(b), or in the case of schools that are located in more than one State, the Secretary of the Interior may use whichever State definition that best meets the unique circumstances and needs of such school or schools and the students the schools serve. (B) Waiver The tribal governing body or school board of a school funded by the Bureau of Indian Education may waive, in part or in whole, the definition of meeting or making satisfactory progress toward meeting State standards established pursuant to subparagraph (A) where such definition is determined by such body or school board to be inappropriate. If such definition is waived, the tribal governing body or school board shall, within 60 days thereafter, submit to the Secretary of Interior a proposal for an alternative definition of meeting or making satisfactory progress toward meeting State standards, consistent with section 1111(b), that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior, in consultation with the Secretary if the Secretary of Interior requests the consultation, shall approve such alternative definition unless the Secretary determines that the definition does not meet the requirements of section 1111(b), taking into account the unique circumstances and needs of such school or schools and the students served. (C) Technical assistance The Secretary of Interior shall, in consultation with the Secretary if the Secretary of Interior requests the consultation, either directly or through a contract, provide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of Indian Education that seeks to develop an alternative definition of meeting or making satisfactory progress toward meeting State standards. (2) Accountability for bia schools For the purposes of this section, schools funded by the Bureau of Indian Education shall be considered schools subject to subsection (c), as specifically provided for in this subsection, except that such schools shall not be subject the requirements to provide public school choice and supplemental educational services under subsections (c) and (f). (3) School improvement for bureau schools (A) Contract and grant schools For a school funded by the Bureau of Indian Education which is operated under a contract issued by the Secretary of the Interior pursuant to the Indian Self-Determination Act ( 25 U.S.C. 450 et seq. 25 U.S.C. 2501 et seq. (B) Bureau operated schools For schools operated by the Bureau of Indian Education, the Bureau shall be responsible for meeting the requirements of subsection (b) relating to development and implementation of any school improvement plan as described in subsections (b)(1) through (b)(5), other than subsection (b)(1)(E). (4) Consequences for bureau-funded schools (A) Contract and grant schools For a school funded by the Bureau of Indian Education which is operated under a contract issued by the Secretary of the Interior pursuant to the Indian Self-Determination Act ( 25 U.S.C. 450 et seq. 25 U.S.C. 2501 et seq. (B) Bureau operated schools For schools operated by the Bureau of Indian Education, the Bureau shall be responsible for meeting the requirements of paragraphs (2), (3), and (4) of subsection (c). Any action taken by the Bureau under such paragraphs shall take into account the unique circumstances and structure of the Bureau of Indian Education-funded school system and the laws governing that system. (5) Annual report On an annual basis, the Secretary of the Interior shall report to the Secretary of Education and to the appropriate committees of Congress regarding any schools funded by the Bureau of Indian Education which have been identified in a tier described in paragraph (2), (3), or (4) of subsection (c). Such report shall include— (A) the identity of each school; (B) a statement from each affected school board regarding the factors that lead to such identification; and (C) an analysis by the Secretary of the Interior, in consultation with the Secretary if the Secretary of Interior requests the consultation, as to whether sufficient resources were available to enable such school to meet or make satisfactory progress toward meeting State standards. 1117. School support and recognition (a) System for support (1) In general Each State shall establish a statewide system of intensive and sustained support and improvement for local educational agencies and schools receiving funds under this part, as described in section 1116, in order to increase the opportunity for all students served by those agencies and schools to meet the State’s academic content standards and student academic achievement standards. (2) Priorities In carrying out this subsection, a State shall— (A) first, provide support and assistance to local educational agencies with schools in the tier described in section 1116(c)(4) and assist those schools; (B) second, provide support and assistance to other local educational agencies with schools in the tier described in section 1116(c)(3); and (C) third, provide support and assistance to other local educational agencies and schools participating under this part that need that support and assistance in order to achieve the purpose of this part. (3) Regional centers Such a statewide system shall, to the extent practicable, work with and receive support and assistance from regional educational laboratories established under part D of the Education Sciences Reform Act of 2002 and comprehensive centers established under the Educational Technical Assistance Act of 2002 and the comprehensive regional technical assistance centers and the regional educational laboratories under section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such section existed on the day before the date of enactment of the Education Sciences Reform Act of 2002), or other providers of technical assistance. (4) Statewide system (A) In order to achieve the purpose described in paragraph (1), the statewide system shall include, at a minimum, the following approaches: (i) Establishing school support teams in accordance with paragraph (5) for assignment to, and working in, schools in the State that are described in paragraph (2). (ii) Providing such support as the State educational agency determines necessary and available in order to ensure the effectiveness of such teams. (iii) Designating and using distinguished teachers and principals who are chosen from schools served under this part that have been especially successful in improving academic achievement. (iv) Devising additional approaches to providing the assistance described in paragraph (1), such as providing assistance through institutions of higher education, tribes or Native organizations whose members are enrolled in the local educational agency, and educational service agencies or other local consortia, and private providers of scientifically based technical assistance. (B) Priority The State educational agency shall give priority to the approach described in clause (i) of subparagraph (A). (5) School support teams (A) Composition Each school support team established under this section shall be composed of persons knowledgeable about scientifically based research and practice on teaching and learning and about successful schoolwide projects, school reform, and improving educational opportunities for low-achieving students, including— (i) highly effective or distinguished teachers and principals; (ii) pupil services personnel; (iii) parents; (iv) representatives of institutions of higher education; (v) representatives of regional educational laboratories or comprehensive regional technical assistance centers; (vi) representatives of outside consultant groups; (vii) representatives of tribes or Native organizations present in the State; or (viii) other individuals as the State educational agency, in consultation with the local educational agency, may determine appropriate. (B) Functions Each school support team assigned to a school under this section shall— (i) review and analyze all facets of the school’s operation, including the design and operation of the instructional program, and assist the school in developing recommendations for improving student performance in that school; (ii) collaborate with parents and school staff and the local educational agency serving the school in the design, implementation, and monitoring of a plan that, if fully implemented, can reasonably be expected to improve student performance and help the school meet State standards under section 1111(b)(2)(B); (iii) evaluate, at least semiannually, the effectiveness of school personnel assigned to the school, including identifying outstanding teachers and principals, and make findings and recommendations to the school, the local educational agency, and, where appropriate, the State educational agency; and (iv) make additional recommendations as the school implements the plan described in clause (ii) to the local educational agency and the State educational agency concerning additional assistance that is needed by the school or the school support team. (C) Continuation of assistance After one school year, from the beginning of the activities, such school support team, in consultation with the local educational agency and other stakeholders, may recommend that the school support team continue to provide assistance to the school, or that the local educational agency or the State educational agency, as appropriate, take alternative actions with regard to the school. (b) State recognition (1) Academic achievement awards program (A) In general Each State receiving a grant under this part— (i) shall establish a program for making academic achievement awards to recognize schools that meet the criteria described in subparagraph (B); and (ii) as appropriate and as funds are available under subsection (c)(2)(A), may financially reward schools served under this part that meet the criteria described in clause (ii). (B) Criteria The criteria referred to in subparagraph (A) are that a school— (i) significantly closed the achievement gap between the groups of students described in section 1111(b)(2); or (ii) exceeded the goals set forth in the State plan for improvement for 2 or more consecutive years. (2) Distinguished schools Of those schools meeting the criteria described in paragraph (1)(B), each State shall designate as distinguished schools those schools that have made the greatest gains in closing the achievement gap as described in subparagraph (B)(i) or exceeded the goals set forth in the State plan for improvement. Such distinguished schools may serve as models for and provide support to other schools, especially schools identified in the tier described in paragraph (3) or (4) of section 1116(c), to assist such schools in meeting the State’s academic content standards and student academic achievement standards. (3) Awards to teachers A State program under paragraph (1) may also recognize and provide financial awards to teachers teaching in a school described in such paragraph that consistently makes significant gains in academic achievement in the areas in which the teacher provides instruction, or to teachers or principals designated as distinguished under subsection (a)(4)(A)(iii). (c) Funding (1) In general Each State— (A) shall use funds reserved under section 1003(a) and may use funds made available under section 1003(g) for the approaches described under subsection (a)(4)(A); and (B) shall use State administrative funds authorized under section 1004(a) to establish the statewide system of support described under subsection (a). (2) Reservations of funds by State (A) Awards program For the purpose of carrying out subsection (b)(1), each State receiving a grant under this part may reserve, from the amount (if any) by which the funds received by the State under subpart 2 for a fiscal year exceed the amount received by the State under that subpart for the preceding fiscal year, not more than 5 percent of such excess amount. (B) Teacher awards For the purpose of carrying out subsection (b)(3), a State educational agency may reserve such funds as necessary from funds made available under section 2111. (3) Use within 3 years Notwithstanding any other provision of law, the amount reserved under subparagraph (A) by a State for each fiscal year shall remain available to the State until expended for a period not exceeding 3 years receipt of funds. (4) Special allocation rule for schools in high-poverty areas (A) In general Each State shall distribute not less than 75 percent of any amount reserved under paragraph (2)(A) for each fiscal year to schools described in subparagraph (B), or to teachers in those schools consistent with subsection (b)(3). (B) School described A school described in subparagraph (A) is a school whose student population is in the highest quartile of schools statewide in terms of the percentage of children from low income families. 1118. Parental involvement (a) Local educational agency policy (1) In general A local educational agency may receive funds under this part only if such agency implements programs, activities, and procedures for the involvement of parents in programs assisted under this part consistent with this section. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children. (2) Written policy Each local educational agency that receives funds under this part shall develop jointly with, agree on with, and distribute to, parents of participating children a written parent involvement policy. The policy shall be incorporated into the local educational agency’s plan developed under section 1112, establish the agency’s expectations for parent involvement, and describe how the agency will— (A) involve parents in the joint development of the plan under section 1112, and the process of school review and improvement under section 1116; (B) provide the coordination, technical assistance, and other support necessary to assist participating schools in planning and implementing effective parent involvement activities to improve student academic achievement and school performance; (C) identify the barriers to effective parental involvement and build the schools’ and parents’ capacity for strong parental involvement as described in subsection (e); (D) coordinate and integrate parental involvement strategies under this part with parental involvement strategies under other programs, such as the Head Start program, Parents as Teachers program, and Home Instruction Program for Preschool Youngsters, and State-run preschool programs; (E) conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under this part, including identifying barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background), and use the findings of such evaluation to design strategies for more effective parental involvement, and to revise, if necessary, the parental involvement policies described in this section; and (F) involve parents in the activities of the schools served under this part. (3) Reservation (A) In general Each local educational agency shall reserve not less than 1 percent of such agency’s allocation under subpart 2 of this part to carry out this section, including promoting family literacy and parenting skills, except that this paragraph shall not apply if 1 percent of such agency’s allocation under subpart 2 of this part for the fiscal year for which the determination is made is $5,000 or less. (B) Parental input Parents of children receiving services under this part shall be involved in the decisions regarding how funds reserved under subparagraph (A) are allotted for parental involvement activities. (C) Distribution of funds Not less than 95 percent of the funds reserved under subparagraph (A) shall be distributed to schools served under this part. (b) School parental involvement policy (1) In general Each school served under this part shall jointly develop with, and distribute to, parents of participating children a written parental involvement policy, agreed on by such parents, that shall describe the means for carrying out the requirements of subsections (c) through (f). Parents shall be notified of the policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school. (2) Special rule If the school has a parental involvement policy that applies to all parents, such school may amend that policy, if necessary, to meet the requirements of this subsection. (3) Amendment If the local educational agency involved has a school district-level parental involvement policy that applies to all parents, such agency may amend that policy, if necessary, to meet the requirements of this subsection. (4) Parental comments If the plan under section 1112 is not satisfactory to the parents of participating children, the local educational agency shall submit any parent comments with such plan when such local educational agency submits the plan to the State. (c) Policy involvement Each school served under this part shall— (1) share the policy with all parents of enrolled children by convening an annual meeting, at a convenient time, to which all parents of participating children shall be invited and encouraged to attend, and in writing for parents who are unable to attend the meeting, in order to inform parents of their school’s participation under this part and to explain the requirements of this part, and the right of the parents to be involved; (2) offer a flexible number of meetings, such as meetings in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits, as such services relate to parental involvement; (3) involve parents, in an organized, ongoing, and timely way, in the planning, review, and improvement of programs under this part, including the planning, review, and improvement of the school parental involvement policy and the joint development of the schoolwide program plan under section 1114(b)(2), except that if a school has in place a process for involving parents in the joint planning and design of the school’s programs, the school may use that process, if such process includes an adequate representation of parents of participating children; (4) provide parents of participating children— (A) timely information about programs under this part; (B) a description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, the proficiency levels students are expected to meet, and the reasons for the school’s identification under section 1116; and (C) if requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children and plans for improvement, and respond to any such suggestions as soon as practicably possible; and (5) if the schoolwide program plan under section 1114(b)(2) is not satisfactory to the parents of participating children, submit any parent comments on the plan when the school makes the plan available to the local educational agency. (d) Shared responsibilities for high student academic achievement As a component of the school-level parental involvement policy developed under subsection (b), each school served under this part shall jointly develop with parents for all children served under this part a school-parent compact that outlines how parents, the entire school staff, and students will share the responsibility for improved student academic achievement and the means by which the school and parents will build and develop a partnership to help children achieve the State’s high standards. Such compact shall— (1) describe the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under this part to meet the State’s student academic achievement standards, and the ways in which each parent will be responsible for supporting their children’s learning, such as monitoring attendance, homework completion, and television watching; volunteering in their child’s classroom; and participating, as appropriate, in decisions relating to the education of their children and positive use of extracurricular time; and (2) address the importance of communication between teachers and parents on an ongoing basis through, at a minimum— (A) parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed as the compact relates to the individual child’s achievement; (B) frequent reports to parents on their children’s progress; and (C) reasonable access to staff, opportunities to volunteer and participate in their child’s class, and observation of classroom activities. (e) Building capacity for involvement To ensure effective involvement of parents and to support a partnership among the school involved, parents, and the community to improve student academic achievement, each school and local educational agency assisted under this part— (1) shall provide assistance to parents of children served by the school or local educational agency, as appropriate, in understanding such topics as the State’s academic content standards and State student academic achievement standards, State and local academic assessments, the requirements of this part, and how to monitor a child’s progress and work with educators to improve the achievement of their children; (2) shall provide materials and training to help parents to work with their children to improve their children’s achievement, such as literacy training and using technology, as appropriate, to foster parental involvement; (3) shall educate teachers, pupil services personnel, principals, and other staff, with the assistance of parents, in the value and utility of contributions of parents, and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between parents and the school; (4) shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with Head Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, public preschool and other programs, and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children; (5) shall ensure that information related to school and parent programs, meetings, and other activities is sent to the parents of participating children in a format and, to the extent practicable, in a language the parents can understand; (6) may involve parents in the development of training for teachers, principals, and other educators to improve the effectiveness of such training; (7) may provide necessary literacy training from funds received under this part if the local educational agency has exhausted all other reasonably available sources of funding for such training; (8) may pay reasonable and necessary expenses associated with local parental involvement activities, including transportation and child care costs, to enable parents to participate in school-related meetings and training sessions; (9) may train parents to enhance the involvement of other parents; (10) may arrange school meetings at a variety of times, or conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school, in order to maximize parental involvement and participation; (11) may adopt and implement model approaches to improving parental involvement; (12) may establish a districtwide parent advisory council to provide advice on all matters related to parental involvement in programs supported under this section; (13) may develop appropriate roles for community-based organizations and businesses in parent involvement activities; (14) shall provide such other reasonable support for parental involvement activities under this section as parents may request; (15) may provide, in consultation with Indian tribes and Native organizations whose members are enrolled in the school, information about culture-based education in use in the school; and (16) shall, in consultation with Indian tribes and parents of Indian, Alaska Native, and Native Hawaiian children who are served by any school in the local educational agency, establish mechanisms to overcome barriers to effective Indian, Alaska Native, and Native Hawaiian parental involvement. (f) Accessibility In carrying out the parental involvement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide full opportunities for the participation of parents with limited English proficiency, parents with disabilities, parents of American Indian, Alaska Native, or Native Hawaiian children, and parents of migratory children, including providing information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand. (g) Information from parental information and resource centers In a State where a parental information and resource center is established to provide training, information, and support to parents and individuals who work with local parents, local educational agencies, and schools receiving assistance under this part, each local educational agency or school that receives assistance under this part and is located in the State shall assist parents and parental organizations by informing such parents and organizations of the existence and purpose of such centers. (h) Review The State educational agency shall review the local educational agency’s parental involvement policies and practices to determine if the policies and practices meet the requirements of this section. 1119. Qualifications for teachers and paraprofessionals (a) Teacher qualifications and measurable objectives (1) In general Not later than 1 year after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (2) State plan As part of the plan described in section 1111, each State educational agency receiving assistance under this part shall develop a plan to ensure that all teachers teaching in core academic subjects within the State are highly effective not later than the end of the 2014-2015 school year. Such plan shall establish annual measurable objectives for each local educational agency and school that, at a minimum— (A) shall include an annual increase in the percentage of highly effective teachers at each local educational agency and school, to ensure that all teachers teaching in core academic subjects in each public elementary school and secondary school are highly effective not later than the end of the 2014-2015 school year; (B) shall include an annual increase in the percentage of teachers who are receiving high-quality professional development to enable such teachers to become highly effective and successful classroom teachers; and (C) may include such other measures as the State educational agency determines to be appropriate to increase teacher qualifications. (3) Local plan As part of the plan described in section 1112, each local educational agency receiving assistance under this part shall develop a plan to ensure that all teachers teaching within the school district served by the local educational agency are highly effective not later than the end of the 2005–2006 school year. (4) Definition of highly effective Notwithstanding any other provision of law, the State education agency shall, in consultation with local educational agencies, teachers, principals, Indian tribes and Native organizations that may be present in the State, parents, and the community, define highly effective (b) Reports (1) Annual State and local reports (A) Local reports Each State educational agency described in subsection (a)(2) shall require each local educational agency receiving funds under this part to publicly report, each year, beginning with the 2014-2015 school year, the annual progress of the local educational agency as a whole and of each of the schools served by the agency, in meeting the measurable objectives described in subsection (a)(2). (B) State reports Each State educational agency receiving assistance under this part shall prepare and submit each year, beginning with the 2014-2015 school year, a report to the Secretary, describing the State educational agency’s progress in meeting the measurable objectives described in subsection (a)(2). (C) Information from other reports A State educational agency or local educational agency may submit information from the reports described in section 1111(h) for the purposes of this subsection, if such report is modified, as may be necessary, to contain the information required by this subsection, and may submit such information as a part of the reports required under section 1111(h). (2) Annual reports by the secretary Each year, beginning with the 2015-2016 school year, the Secretary shall publicly report the annual progress of State educational agencies, local educational agencies, and schools, in meeting the measurable objectives described in subsection (a)(2). (c) Paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired in the school year after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (2) Clarification The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not sufficient to satisfy the requirements of paragraph (1). (d) Exceptions Subsection (c) shall not apply to— (1) a paraprofessional who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under this part by acting as a translator; (2) a paraprofessional whose duties consist solely of conducting parental involvement activities consistent with section 1118; (3) teachers of American Indian, Alaska Native, or Native Hawaiian language or culture, whether the teacher is teaching on a permanent, part-time, or occasional basis, except that a State may require that a local Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (4) a Native elder or other authority on American Indian, Alaska Native, or Native Hawaiian history who provides instruction in such subject on a periodic or 1-time basis, except that a State may require that a local Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (e) Duties of paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that a paraprofessional working in a program supported with funds under this part is not assigned a duty inconsistent with this subsection. (2) Responsibilities paraprofessionals may be assigned A paraprofessional described in paragraph (1) may be assigned— (A) to provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher; (B) to assist with classroom management, such as organizing instructional and other materials; (C) to provide assistance in a computer laboratory; (D) to conduct parental involvement activities; (E) to provide support in a library or media center; (F) to act as a translator; or (G) to provide instructional services to students in accordance with paragraph (3). (3) Additional limitations A paraprofessional described in paragraph (1)— (A) may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with section 1119; and (B) may assume limited duties that are assigned to similar personnel who are not working in a program supported with funds under this part, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school. (f) Use of funds A local educational agency receiving funds under this part may use such funds to support ongoing training and professional development to assist teachers and paraprofessionals in satisfying the requirements of this section. (g) Verification of compliance (1) In general In verifying compliance with this section, each local educational agency, at a minimum, shall require that the principal of each school operating a program under section 1114 or 1115 attest annually in writing as to whether such school is in compliance with the requirements of this section. (2) Availability of information Copies of attestations under paragraph (1)— (A) shall be maintained at each school operating a program under section 1114 or 1115 and at the main office of the local educational agency; and (B) shall be available to any member of the general public on request. (h) Combinations of funds Funds provided under this part that are used for professional development purposes may be combined with funds provided under title II of this Act, other Acts, and other sources. (i) Special rule Except as provided in subsection (j), no State educational agency shall require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part. (j) Minimum expenditures Each local educational agency that receives funds under this part shall use not less than 5 percent, or more than 10 percent, of such funds for each of fiscal years 2012 and 2013, and not less than 5 percent of the funds for each subsequent fiscal year, for professional development activities to ensure that teachers who are not highly effective become highly effective not later than the end of the 2017–2018 school year. . 3. Conforming amendments (a) In general The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (1) by repealing subparts 1, 2, and 3 of part B of title I; and (2) in section 9101, by striking paragraph (23). (b) Replacement of definitions Notwithstanding any other provision of law— (1) any reference in the Elementary and Secondary Education Act of 1965 to highly qualified shall be deemed to refer to highly effective, as determined by the State in accordance with section 1119(a)(4) of such Act, as amended by this Act; and (2) any reference in the Elementary and Secondary Education Act of 1965 to making adequate yearly progress shall be deemed to refer to meeting, or making satisfactory progress toward meeting, State standards, as described in section 1111(b)(2) of such Act, as amended by this Act.

Educational Accountability and State Flexibility Act of 2013

Cyber Economic Espionage Accountability Act - Expresses the sense of Congress that: cyber economic espionage should be a priority issue in all economic and diplomatic discussions with the People's Republic of China, including during all meetings of the U.S.-China Strategic and Economic Dialogue, and with the Russian Federation and other countries determined to encourage, tolerate, or conduct such cyber economic espionage at appropriate bilateral meetings; the United States should intensify diplomatic efforts in appropriate international fora such as the United Nations (U.N.), the Organisation for Economic Cooperation and Development (OECD), and summits including the G-8 and G-20 summits, to address the harm to the international economic order by cyber economic espionage; and the Department of Justice (DOJ) should increase its efforts to bring economic espionage criminal cases against offending foreign actors, with penalties to include both fines and imprisonment, as well as encourage further cooperation among countries to address cyber economic espionage through criminal prosecutions. Directs the President to submit to Congress, publish, and update a list of foreign government officials or persons acting on behalf of a foreign government that the President determines, based on credible information, are responsible for cyber espionage of intellectual property of U.S. persons or have acted as an agent of, or on behalf of, a person in a matter relating to such cyber espionage activity. Defines a "U.S. person" as: (1) a U.S. citizen or an alien lawfully admitted for permanent residence to the United States; or (2) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. Requires the list to be publicly available in unclassified form, but permits persons to be listed in a classified annex if the President determines it is vital for U.S. national security interests. Makes aliens appearing on the list ineligible to: (1) receive a visa to enter the United States, and (2) be admitted to the United States. Requires the Secretary of State to revoke the visa or other documentation of any alien who would be ineligible under such standard. Authorizes the Secretary to waive such ineligibility to comply with international obligations or for national security purposes. Directs the President to exercise powers granted by the International Emergency Economic Powers Act (except with respect to the national emergency declaration requirements for unusual and extraordinary threats) to freeze and prohibit all transactions in all property and property interests of a listed person if such property and interests are in the United States, come within the United States, or are or come within the possession or control of a U.S. person. Exempts persons included on the classified annex if the President determines that such an exception is vital for U.S. national security interests. Permits waivers by the Secretary of the Treasury for U.S. national security interests. Sets forth penalties under the International Emergency Economic Powers Act. Directs the Treasury Secretary to prescribe regulations requiring financial institutions to certify that, to the best of their knowledge, they have frozen all listed persons' assets within their possession or control that are required to be frozen. Requires persons listed by the President under this Act to be included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control.

113 S1111 IS: Cyber Economic Espionage Accountability Act U.S. Senate 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 1st Session S. 1111 IN THE SENATE OF THE UNITED STATES June 6, 2013 Mr. Johnson of Wisconsin Committee on the Judiciary A BILL To combat cyber espionage of intellectual property of United States persons, and for other purposes. 1. Short title This Act may be cited as the Cyber Economic Espionage Accountability Act 2. Findings and sense of Congress (a) Findings Congress finds the following: (1) The United States faces persistent cyber espionage of intellectual property from foreign governments that threatens United States economic and national security interests, results in an unfair competitive advantage for foreign companies, and is a major contributor to the loss of manufacturing jobs in the United States. (2) Cyber espionage of intellectual property by foreign actors is one of the most pressing issues facing innovators and entrepreneurs in the United States today. (3) The National Counterintelligence Executive stated in its October 2011 biennial economic espionage report that Chinese actors are the world’s most active and persistent perpetrators of economic espionage United States private sector firms and cybersecurity specialists have reported an onslaught of computer network intrusions that have originated in China (4) The National Counterintelligence Executive also stated that Russia’s intelligence services are conducting a range of activities to collect economic information and technology from U.S. targets (5) The People’s Republic of China, the Russian Federation, and other countries threaten the privacy of United States citizens by accessing and exploiting personally identifiable information through cyber economic espionage. (6) The People’s Republic of China, the Russian Federation, and other countries responsible for such cyber economic espionage are members of the World Trade Organization (WTO) and have agreed to comply with the global system of rules and obligations governing the international commerce and trade among member states. (7) The United States has recognized the membership of the People’s Republic of China, the Russian Federation, and other countries into the WTO by granting them Permanent Normal Trade Relations (PNTR) status under United States law. (8) Cyber economic espionage undermines the cooperative relationships between the United States and countries tolerating or encouraging such activities. (b) Sense of Congress It is the sense of Congress that— (1) cyber economic espionage should be a priority issue in all economic and diplomatic discussions with the People’s Republic of China, including during all meetings of the U.S.-China Strategic and Economic Dialogue, and with the Russian Federation and other countries determined to encourage, tolerate, or conduct such cyber economic espionage at appropriate bilateral meetings; (2) the United States should intensify diplomatic efforts in appropriate international fora such as the United Nations, the Organisation for Economic Cooperation and Development (OECD), and summits such as the G–8 and G–20 summits, to address the harm to the international economic order by cyber economic espionage; and (3) the Department of Justice should increase its efforts to bring economic espionage criminal cases against offending foreign actors, with penalties to include both fines and imprisonment, as well as encourage further cooperation among countries to address cyber economic espionage through criminal prosecutions. 3. Identification of persons responsible for cyber espionage of intellectual property of United States persons (a) In general Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are officials of a foreign government or persons acting on behalf of a foreign government that the President determines, based on credible information— (1) are responsible for cyber espionage of intellectual property of United States persons; or (2) acted as an agent of or on behalf of a person in a matter relating to an activity described in paragraph (1). (b) Updates The President shall submit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Form (1) In general The list required by subsection (a) shall be submitted in unclassified form. (2) Exception The name of a person to be included in the list required by subsection (a) may be submitted in a classified annex only if the President— (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in such a manner consistent with congressional intent and the purposes of this Act; and (C) 15 days prior to submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in paragraph (1) or (2) of subsection (a). (3) Public availability The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (d) Removal from list A person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not less than 15 days prior to the removal of the person from the list that credible information exists that the person did not engage in the activity for which the person was added to the list. (e) Requests by chairperson and ranking member of appropriate congressional committees (1) In general Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being added to the list required by subsection (a), the President shall submit a response to the chairperson and ranking member of the committee which made the request with respect to the status of the person. (2) Form The President may submit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal If the President removes from the list required by subsection (a) a person who has been placed on the list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to the removal decision. The President may submit such information in classified form if the President determines that such is necessary for the national security interests of the United States. (f) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. 4. Inadmissibility of certain aliens (a) Ineligibility for visas An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if the alien is on the list required by section 3(a). (b) Current visas revoked The Secretary of State, in consultation with the Secretary of Homeland Security, shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (c) Waiver for national security interests (1) In general The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if— (A) the Secretary determines that such a waiver— (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) prior to granting such a waiver, the Secretary provides to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for certain waivers Notification under subparagraph (B) of paragraph (1) shall be made not later than 15 days prior to granting a waiver under such paragraph if the Secretary grants such waiver in the national security interests of the United States in accordance with subparagraph (A)(ii) of such paragraph. (d) Regulatory authority The Secretary of State shall prescribe such regulations as are necessary to carry out this section. 5. Financial measures (a) Freezing of assets (1) In general The President shall exercise all powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to freeze and prohibit all transactions in all property and interests in property of a person who is on the list required by section 3(a) of this Act if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Exception Paragraph (1) shall not apply to persons included on the classified annex under section 3(c)(2) if the President determines that such an exception is vital for the national security interests of the United States. (b) Waiver for national security interests The Secretary of the Treasury may waive the application of subsection (a) if the Secretary determines that such a waiver is in the national security interests of the United States. Not less than 15 days prior to granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. (c) Enforcement (1) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (2) Requirements for financial institutions Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe or amend regulations as needed to require each financial institution that is a United States person and has within its possession or control assets that are property or interests in property of a person who is on the list required by section 3(a) to certify to the Secretary that, to the best of the knowledge of the financial institution, the financial institution has frozen all assets within the possession or control of the financial institution that are required to be frozen pursuant to subsection (a). (d) Specially designated nationals list The Secretary of the Treasury shall include on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury each person who is on the list required by section 3(a) of this Act. (e) Regulatory authority The Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. 6. Report to Congress Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report on— (1) the actions taken to carry out this Act, including— (A) the number of persons added to or removed from the list required by section 3(a) during the year preceding the report, the dates on which such persons have been added or removed, and the reasons for adding or removing them; and (B) if few or no such persons have been added to that list during that year, the reasons for not adding more such persons to the list; and (2) efforts by the executive branch to encourage the governments of other countries to impose sanctions that are similar to the sanctions imposed under this Act. 7. Definitions In this Act: (1) Admitted; alien The terms admitted alien (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. (3) Financial institution The term financial institution (4) United States person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

Cyber Economic Espionage Accountability Act

Currency Exchange Rate Oversight Reform Act of 2013 - Directs the Secretary of the Treasury to: (1) make public and report biannually to Congress on international monetary policy and currency exchange rates; and (2) appear, if requested, before certain congressional committees to testify regarding such reports. Prescribes report contents, including: (1) an analysis of currency market developments and the relationship between the U.S. dollar and the currencies of major economies and trading partners of the United States, (2) a review of the economic and monetary policies of major economies and trading partners of the United States and an evaluation of how such policies impact currency exchange rates, and (3) a list of currencies designated as fundamentally misaligned currencies. Instructs the Secretary to: (1) analyze semiannually the prevailing real effective exchange rates of foreign currencies; (2) determine whether any such currency is in fundamental misalignment; and (3) designate it for priority action if the issuing country engages in specified behavior, including excessive and prolonged official or quasi-official accumulation of foreign assets for balance of payments purposes. Prescribes procedures for: (1) negotiations and consultations; and (2) actions in response to failure, including persistent failure, to adopt appropriate policies, or take identifiable action to eliminate the fundamental misalignment. Requires the Secretary, before the United States approves a proposed change in the governance arrangement of any international financial institution, to determine whether any member of the international financial institution that would benefit from the proposed change, in the form of increased voting shares or representation, has a currency designated for priority action. Requires U.S. opposition to the proposed change if the Secretary renders an affirmative determination. Amends the Tariff Act of 1930, for purposes of an antidumping investigation or review, to require an adjustment in the price used to establish export (and constructed export) prices, in the case of a fundamentally misaligned currency designated for priority action, by reducing such price by the percentage by which the domestic currency of the producer or exporter is undervalued in relation to the U.S. dollar. Requires the administering authority, upon the filing of a petition by an interested party, to initiate a countervailing duty investigation or review to determine whether currency undervaluation by the government of, or any public entity within, a foreign country is providing, directly or indirectly, a countervailable subsidy to its exporters or products. Requires the same kind of countervailing duty investigation upon the designation of a foreign currency as a fundamentally misaligned currency for priority action. Declares that the fact that such a subsidy is also provided in circumstances not involving export shall not, for that reason alone, mean it cannot be considered export contingent and actionable under a countervailing duty and antidumping duty proceeding. Declares that the amendments made by this Act shall apply to goods from Canada and Mexico. Adds as a factor the administering authority must take into account in determining whether a foreign country is a nonmarket economy country the question of whether its currency is designated, or has been designated at any time over the five years before review of any nonmarket economy status, for priority action under this Act. Establishes the Advisory Committee on International Exchange Rate Policy. Repeals the Exchange Rates and International Economic Policy Coordination Act of 1988.

113 S1114 IS: Currency Exchange Rate Oversight Reform Act of 2013 U.S. Senate 2013-06-07 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 113th CONGRESS 1st Session S. 1114 IN THE SENATE OF THE UNITED STATES June 7, 2013 Mr. Brown Mr. Sessions Mr. Schumer Mr. Graham Ms. Stabenow Mr. Burr Ms. Collins Mr. Casey Committee on Banking, Housing, and Urban Affairs A BILL To provide for identification of misaligned currency, require action to correct the misalignment, and for other purposes. 1. Short title This Act may be cited as the Currency Exchange Rate Oversight Reform Act of 2013 2. Definitions In this Act: (1) Administering authority The term administering authority 19 U.S.C. 1677(1) (2) Agreement on government procurement The term Agreement on Government Procurement (3) Country The term country (4) Exporting country The term exporting country (5) Fundamental misalignment The term fundamental misalignment (6) Fundamentally misaligned currency The term fundamentally misaligned currency (7) Real effective exchange rate The term real effective exchange rate (8) Secretary The term Secretary (9) Sterilization The term sterilization (10) Subject merchandise The term subject merchandise 19 U.S.C. 1677(25) (11) WTO agreement The term WTO Agreement 19 U.S.C. 3501(9) 3. Report on international monetary policy and currency exchange rates (a) Reports required (1) In general Not later than March 15 and September 15 of each calendar year, the Secretary, after consulting with the Chairman of the Board of Governors of the Federal Reserve System and the Advisory Committee on International Exchange Rate Policy, shall submit to Congress and make public, a written report on international monetary policy and currency exchange rates. (2) Consultations On or before March 30 and September 30 of each calendar year, the Secretary shall appear, if requested, before the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate and the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives to provide testimony on the reports submitted pursuant to paragraph (1). (b) Content of reports Each report submitted under subsection (a) shall contain the following: (1) An analysis of currency market developments and the relationship between the United States dollar and the currencies of major economies and trading partners of the United States. (2) A review of the economic and monetary policies of major economies and trading partners of the United States, and an evaluation of how such policies impact currency exchange rates. (3) A description of any currency intervention by the United States or other major economies or trading partners of the United States, or other actions undertaken to adjust the actual exchange rate relative to the United States dollar. (4) An evaluation of the domestic and global factors that underlie the conditions in the currency markets, including— (A) monetary and financial conditions; (B) accumulation of foreign assets; (C) macroeconomic trends; (D) trends in current and financial account balances; (E) the size, composition, and growth of international capital flows; (F) the impact of the external sector on economic growth; (G) the size and growth of external indebtedness; (H) trends in the net level of international investment; and (I) capital controls, trade, and exchange restrictions. (5) A list of currencies designated as fundamentally misaligned currencies pursuant to section 4(a)(2), and a description of any economic models or methodologies used to establish the list. (6) A list of currencies designated for priority action pursuant to section 4(a)(3). (7) An identification of the nominal value associated with the medium-term equilibrium exchange rate, relative to the United States dollar, for each currency listed under paragraph (6). (8) A description of any consultations conducted or other steps taken pursuant to section 5, 6, or 7, including any actions taken to eliminate the fundamental misalignment. (9) A description of any determination made pursuant to section 9(a). (c) Consultations (1) In general The Secretary shall consult with the Chairman of the Board of Governors of the Federal Reserve System and the Advisory Committee on International Exchange Rate Policy with respect to the preparation of each report required under subsection (a). (2) Comments Not later than the date that is 15 days before the date each report is due under subsection (a), the Chairman of the Board of Governors of the Federal Reserve System and the Advisory Committee on International Exchange Rate Policy shall submit to the Secretary any comments of the Chairman or Advisory Committee on the report. (3) Consideration The Secretary shall review and consider all comments received from the Chairman and the Advisory Committee under paragraph (2) before submitting the report required under subsection (a). 4. Identification of fundamentally misaligned currencies (a) Identification (1) In general The Secretary shall analyze on a semiannual basis the prevailing real effective exchange rates of foreign currencies. (2) Designation of fundamentally misaligned currencies With respect to the currencies of countries that have significant bilateral trade flows with the United States, and currencies that are otherwise significant to the operation, stability, or orderly development of regional or global capital markets, the Secretary shall determine whether any such currency is in fundamental misalignment and shall designate such currency as a fundamentally misaligned currency. (3) Designation of currencies for priority action The Secretary shall designate a currency identified under paragraph (2) for priority action if the country that issues such currency is— (A) engaging in protracted large-scale intervention in the currency exchange market, particularly if accompanied by partial or full sterilization; (B) engaging in excessive and prolonged official or quasi-official accumulation of foreign exchange reserves and other foreign assets, for balance of payments purposes; (C) introducing or substantially modifying for balance of payments purposes a restriction on, or incentive for, the inflow or outflow of capital, that is inconsistent with the goal of achieving full currency convertibility; or (D) pursuing any other policy or action that, in the view of the Secretary, warrants designation for priority action. (b) Reports The Secretary shall include a list of any foreign currency designated under paragraph (2) or (3) of subsection (a) and the data and reasoning underlying such designations in each report required by section 3. 5. Negotiations and consultations (a) In general Upon designation of a currency pursuant to section 4(a)(2), the Secretary shall seek to consult bilaterally with the country that issues such currency in order to facilitate the adoption of appropriate policies to address the fundamental misalignment. (b) Consultations involving currencies designated for priority action With respect to each currency designated for priority action pursuant to section 4(a)(3), the Secretary shall, in addition to seeking to consult with a country pursuant to subsection (a)— (1) seek the advice of the International Monetary Fund with respect to the findings of the Secretary in the report submitted to Congress pursuant to section 3(a); and (2) encourage other governments, whether bilaterally or in appropriate multinational fora, to join the United States in seeking the adoption of appropriate policies by the country described in subsection (a) to eliminate the fundamental misalignment. 6. Failure to adopt appropriate policies (a) Determination and measures required (1) Determination Not later than 90 days after the date on which a currency is designated for priority action pursuant to section 4(a)(3), the Secretary shall determine whether the country that issues the currency has adopted appropriate policies, and taken identifiable action, to eliminate the fundamental misalignment. (2) Notification and publication The Secretary shall promptly notify Congress of the determination under paragraph (1) and publish notice of the determination in the Federal Register. (3) Measures If the Secretary determines that the country that issues the currency described in paragraph (1) has failed to adopt appropriate policies, or take identifiable action, to eliminate the fundamental misalignment, the measures specified in subsection (b) shall apply with respect to the country until a notification described in section 7(b) is published in the Federal Register. (b) Measures specified The measures specified in this subsection are, with respect to a country, the following: (1) Adjustment under antidumping law For purposes of an antidumping investigation under subtitle B of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1673 et seq. (A) In general The administering authority shall ensure a fair comparison between the export price and the normal value by adjusting the price used to establish export price or constructed export price to reflect the fundamental misalignment of the currency of the country. (B) Sales subject to adjustment The adjustment described in subparagraph (A) shall apply with respect to subject merchandise sold on or after the date that is 30 days after the date the currency of the country is designated for priority action pursuant to section 4(a)(3). (2) Federal procurement (A) In general The President shall prohibit the procurement by the Federal Government of products or services from the country. (B) Exception The prohibition provided for in subparagraph (A) shall not apply with respect to a country that is a party to the Agreement on Government Procurement. (3) Request for IMF action The United States shall inform the Managing Director of the International Monetary Fund of the failure of the country to adopt appropriate policies, or to take identifiable action, to eliminate the fundamental misalignment, and the actions the country is engaging in that are identified in section 4(a)(3), and shall request that the Managing Director of the International Monetary Fund— (A) consult with the country regarding the observance of the obligations of the country under article IV of the International Monetary Fund Articles of Agreement, including through special consultations, if necessary; and (B) not later than 180 days after the date of the request, formally report the results of such consultations to the Executive Board of the International Monetary Fund. (4) OPIC financing The Overseas Private Investment Corporation shall not approve any new financing (including insurance, reinsurance, or guarantee) with respect to a project located within the country. (5) Multilateral bank financing (A) In general The Secretary shall instruct the United States Executive Director at each multilateral bank to oppose the approval of any new financing (including loans, other credits, insurance, reinsurance, or guarantee) to the government of the country or for a project located within the country. (B) Multilateral bank The term multilateral bank 22 U.S.C. 262r (c) Waiver (1) In general The President may waive any action provided for under subsection (a) or (b) if the President determines that— (A) taking the action would cause serious harm to the national security of the United States; or (B) it is in the vital economic interest of the United States to do so and taking the action would have an adverse impact on the United States economy greater than the benefits of the action. (2) Notification The President shall promptly notify Congress of a determination under paragraph (1) (and the reasons for the determination, if made under paragraph (1)(B)) and shall publish notice of the determination (and the reasons for the determination, if made under paragraph (1)(B)) in the Federal Register. (d) Reports The Secretary shall describe any action or determination pursuant to subsection (a), (b), or (c) in the first semiannual report required by section 3 after the date of the action or determination. 7. Persistent failure to adopt appropriate policies (a) Determination and measures required (1) Determination Not later than 360 days after the date on which a currency is designated for priority action pursuant to section 4(a)(3), the Secretary shall determine whether the country that issues the currency has adopted appropriate policies, and taken identifiable action, to eliminate the fundamental misalignment. (2) Notification and publication The Secretary shall promptly notify Congress of the determination under paragraph (1) and shall publish notice of the determination in the Federal Register. (3) Measures If the Secretary determines that the country that issues the currency has failed to adopt appropriate policies, or take identifiable action, to eliminate the fundamental misalignment, in addition to the measures specified in section 6(b), the following measures shall apply with respect to the country until a notification described in subsection (b) is published in the Federal Register: (A) Action at the WTO The United States Trade Representative shall request consultations in the World Trade Organization with the country regarding the consistency of the actions of the country with its obligations under the WTO Agreement. (B) Remedial intervention (i) In general The Secretary shall consult with the Board of Governors of the Federal Reserve System to consider undertaking remedial intervention in international currency markets in response to the fundamental misalignment of the currency designated for priority action, and coordinating the intervention with other monetary authorities and the International Monetary Fund. In doing so, the Secretary shall consider the impact of the intervention on domestic economic growth and stability, including the impact on interest rates. (ii) Notice to country At the same time the Secretary takes action under clause (i), the Secretary shall notify the country that issues the currency of the consultations under clause (i). (b) Notification The Secretary shall promptly notify Congress when a country that issues a currency designated for priority action pursuant to section 4(a)(3) adopts appropriate policies, or takes identifiable action, to eliminate the fundamental misalignment, and publish notice of the action of that country in the Federal Register. (c) Waiver (1) In general The President may waive any action provided for under this section, or extend any waiver provided for under section 6(c), if the President determines that— (A) taking the action would cause serious harm to the national security of the United States; or (B) it is in the vital economic interest of the United States to do so, and that taking the action would have an adverse impact on the United States economy substantially out of proportion to the benefits of the action. (2) Notification The President shall promptly notify Congress of a determination under paragraph (1) (and the reasons for the determination, if made under paragraph (1)(B)) and shall publish notice of the determination (and the reasons for the determination, if made under paragraph (1)(B)) in the Federal Register. (d) Disapproval of waiver If the President waives an action pursuant to subsection (c)(1)(B), or extends a waiver provided for under section 6(c)(1)(B), the waiver shall cease to have effect upon the enactment of a resolution of disapproval described in section 8(a)(2). (e) Reports The Secretary shall describe any action or determination pursuant to subsection (a), (b), or (c) in the first semiannual report required by section 3 after the date of such action or determination. 8. Congressional disapproval of waiver (a) Resolution of Disapproval (1) Introduction If a resolution of disapproval is introduced in the House of Representatives or the Senate during the 90-day period (not counting any day which is excluded under section 154(b)(1) of the Trade Act of 1974 (2) Resolution of disapproval In this subsection, the term resolution of disapproval That Congress does not approve the determination of the President under ___________ of the Currency Exchange Rate Oversight Reform Act of 2013 (3) Procedures for considering resolutions (A) Introduction and referral Resolutions of disapproval— (i) in the House of Representatives— (I) may be introduced by any Member of the House of Representatives; (II) shall be referred to the Committee on Financial Services and to the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate— (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Banking, Housing, and Urban Affairs; and (III) may not be amended. (B) Committee discharge and floor consideration The provisions of subsections (c) through (f) of section 152 of the Trade Act of 1974 (b) Rules of House of Representatives and Senate This section is enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the rules provided for in this section supersede other rules only to the extent that they are inconsistent with those other rules; and (2) with the full recognition of the constitutional right of either House to change the rules provided for in this section (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. 9. International financial institution governance arrangements (a) Initial review (1) In general Notwithstanding any other provision of law, before the United States approves a proposed change in the governance arrangement of any international financial institution, as defined in section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(2) (2) Report The Secretary shall submit to Congress the determination required by paragraph (1). (b) Subsequent action The United States shall oppose any proposed change in the governance arrangement of the international financial institution if the Secretary renders an affirmative determination pursuant to subsection (a). (c) Further action The United States shall continue to oppose any proposed change in the governance arrangement of the international financial institution, pursuant to subsection (b), until the Secretary determines and reports to Congress that the proposed change would not benefit any member of the international financial institution, in the form of increased voting shares or representation, that has a currency that is designated a currency for priority action pursuant to section 4(a)(3). 10. Adjustment for fundamentally misaligned currency designated for priority action (a) In general Subsection (c)(2) of section 772 of the Tariff Act of 1930 ( 19 U.S.C. 1677a(c)(2) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting , and (3) by adding at the end the following: (C) if required by section 6(b)(1) of the Currency Exchange Rate Oversight Reform Act of 2013 . (b) Calculation methodology Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following: (37) Percentage undervaluation The administering authority shall determine the percentage by which the domestic currency of the producer or exporter is undervalued in relation to the United States dollar by comparing the nominal value associated with the medium-term equilibrium exchange rate of the domestic currency of the producer or exporter, identified by the Secretary pursuant to section 3(b)(7) of the Currency Exchange Rate Oversight Reform Act of 2013 . 11. Currency undervaluation under countervailing duty law (a) Investigation or review Subsection (c) of section 702 of the Tariff Act of 1930 ( 19 U.S.C. 1671a(c) (6) Currency undervaluation For purposes of a countervailing duty investigation under this subtitle where the determinations under clauses (i) and (ii) of paragraph (1)(A) are affirmative, or a review under subtitle C of this title, the following shall apply: (A) In general The administering authority shall initiate an investigation to determine whether currency undervaluation by the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy as described in section 771(5), if— (i) a petition filed by an interested party (described in subparagraph (C), (D), (E), (F), or (G) of section 771(9)) alleges the elements necessary for the imposition of the duty imposed by section 701(a); and (ii) the petition is accompanied by information reasonably available to the petitioner supporting those allegations. (B) Designation of fundamentally misaligned currency for priority action Upon designation of a currency as a fundamentally misaligned currency for priority action pursuant to section 4(a)(3) of the Currency Exchange Rate Oversight Reform Act of 2013 (i) a petition filed by an interested party (described in subparagraph (C), (D), (E), (F), or (G) of section 771(9)) alleges the elements necessary for the imposition of the duty imposed by section 701(a); and (ii) the petition is accompanied by information reasonably available to the petitioner supporting those allegations. . (b) Benefit calculation methodology Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 (38) Currency undervaluation benefit For purposes of a countervailing duty investigation under subtitle A of this title, or a review under subtitle C of this title, the following shall apply: (A) In general If the administering authority determines to investigate whether currency undervaluation is a countervailable subsidy as defined in section 771(5), the administering authority shall determine whether there is a benefit to the recipient and measure such benefit by comparing the simple average of the real exchange rates derived from application of the macroeconomic-balance approach and the equilibrium-real-exchange-rate approach to the official daily exchange rate identified by the administering authority. (B) Reliance on data In making the determination under subparagraph (A), the administering authority shall rely upon data that are publicly available, reliable, and compiled and maintained by the International Monetary Fund or the World Bank, or other international organizations or national governments if data from the International Monetary Fund or World Bank are not available. (C) Designation of fundamentally misaligned currency for priority action In the case of designation of a currency as a fundamentally misaligned currency for priority action pursuant to section 4(a)(3) of the Currency Exchange Rate Oversight Reform Act of 2013 (D) Definitions In this paragraph: (i) Macroeconomic-balance approach The term macroeconomic-balance approach (ii) Equilibrium-real-exchange-rate approach The term equilibrium-real-exchange-rate approach (iii) Real exchange rates The term real exchange rates . (c) Export subsidy Section 771(5A)(B) of the Tariff Act of 1930 (19 U.S.C. 1677(5A)(B)) is amended by adding at the end the following new sentence: The fact that a subsidy may also be provided in circumstances that do not involve export shall not, for that reason alone, mean that the subsidy cannot be considered contingent upon export performance. (d) Effective date The amendments made by this section apply to countervailing duty investigations initiated under subtitle A of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. 19 U.S.C. 1675 et seq. (1) before the date of the enactment of this Act, if the investigation or review is pending a final determination as of such date of enactment; and (2) on or after such date of enactment. 12. Nonmarket economy status Paragraph (18)(B) of section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677(18)(B) (1) in clause (v), by striking and (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following: (vi) whether the currency of the foreign country is designated, or has been designated at any time over the 5 years prior to review of nonmarket economy status, a currency for priority action pursuant to section 4(a)(3) of the Currency Exchange Rate Oversight Reform Act of 2013 . 13. Application to Canada and Mexico Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3438 14. Advisory committee on international exchange rate policy (a) Establishment (1) In general There is established an Advisory Committee on International Exchange Rate Policy (in this section referred to as the Committee (A) advising the Secretary in the preparation of each report to Congress on international monetary policy and currency exchange rates, provided for in section 3; and (B) advising Congress and the President with respect to— (i) international exchange rates and financial policies; and (ii) the impact of such policies on the economy of the United States. (2) Membership (A) In general The Committee shall be composed of 9 members as follows, none of whom shall be employees of the Federal Government: (i) Congressional appointees (I) Senate appointees Four members shall be appointed by the President pro tempore of the Senate, upon the recommendation of the chairmen and ranking members of the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate. (II) House appointees Four members shall be appointed by the Speaker of the House of Representatives upon the recommendation of the chairmen and ranking members of the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives. (ii) Presidential appointee One member shall be appointed by the President. (B) Qualifications Members shall be selected under subparagraph (A) on the basis of their objectivity and demonstrated expertise in finance, economics, or currency exchange. (3) Terms (A) In general Members shall be appointed for a term of 4 years or until the Committee terminates. (B) Reappointment An individual may be reappointed to the Committee for additional terms. (4) Vacancies Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the original appointment. (b) Duration of committee (1) In general Notwithstanding section 14(c) (2) Subsequent renewals The President may continue to renew the Committee for successive 4-year periods by taking appropriate action prior to the date on which the Committee would otherwise terminate. (c) Public meetings (1) Public comments The Committee shall hold at least 2 public meetings each year for the purpose of accepting public comments, including comments from small business owners. (2) Call of Secretary or members The Committee shall also meet as needed at the call of the Secretary or at the call of two-thirds of the members of the Committee. (d) Chairperson (1) Election The Committee shall elect from among its members a chairperson for a term of 4 years or until the Committee terminates. (2) Subsequent terms A chairperson of the Committee may be reelected chairperson but is ineligible to serve consecutive terms as chairperson. (e) Staff The Secretary shall make available to the Committee such staff, information, personnel, administrative services, and assistance as the Committee may reasonably require to carry out its activities. (f) Application of Federal advisory committee Act (1) In general The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Exception Except for the 2 annual public meetings required under subsection (c)(1), meetings of the Committee shall be exempt from the requirements of subsections (a) and (b) of sections 10 and 11 of the Federal Advisory Committee Act (relating to open meetings, public notice, public participation, and public availability of documents) (5 U.S.C. App.), whenever and to the extent it is determined by the President or the Secretary that such meetings will be concerned with matters the disclosure of which would seriously compromise the development by the United States Government of monetary and financial policy. 15. Repeal of the Exchange Rates and Economic Policy Coordination Act of 1988 The Exchange Rates and International Economic Policy Coordination Act of 1988 ( 22 U.S.C. 5301 et seq.

Currency Exchange Rate Oversight Reform Act of 2013

Fallen Firefighters Assistance Tax Clarification Act of 2013 - Treats payments made on or after December 24, 2012, and before December 31, 2013, by a tax-exempt organization on behalf of any firefighter who died or was injured as a result of the ambush of firefighters responding to an emergency on December 24, 2012, in Webster, New York, as related to the purpose or function forming the basis of such organization's tax-exempt status, if such payments are made in good faith using a reasonable and objective formula which is consistently applied.  

113 S1115 IS: Fallen Firefighters Assistance Tax Clarification Act of 2013 U.S. Senate 2013-06-07 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 113th CONGRESS 1st Session S. 1115 IN THE SENATE OF THE UNITED STATES June 7, 2013 Mr. Schumer Committee on Finance A BILL To treat payments by charitable organizations with respect to certain firefighters as exempt payments. 1. Short title This Act may be cited as the Fallen Firefighters Assistance Tax Clarification Act of 2013 2. Payments by charitable organizations with respect to certain firefighters treated as exempt payments (a) In general For purposes of the Internal Revenue Code of 1986, payments made on behalf of any firefighter who died or was injured as a result of the ambush of firefighters responding to an emergency on December 24, 2012, in Webster, New York, to any family member of such firefighter or aforementioned injured firefighters by an organization described in paragraph (1) or (2) of section 509(a) of such Code shall be treated as related to the purpose or function constituting the basis for such organization’s exemption under section 501 of such Code if such payments are made in good faith using a reasonable and objective formula which is consistently applied. (b) Application Subsection (a) shall apply only to payments made on or after December 24, 2012, and before December 31, 2013.

Fallen Firefighters Assistance Tax Clarification Act of 2013