116 S2786 IS: Unlawful Turn-Aways Act of 2021
U.S. Senate
2021-09-21
text/xml
EN
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II117th CONGRESS1st SessionS. 2786IN THE SENATE OF THE UNITED STATESSeptember 21, 2021Mr. Blumenthal (for himself and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes.1.Short titleThis Act may be cited as the Unlawful Turn-Aways Act of 2021.2.Addressing Department of Veterans Affairs turn-away problem(a)Improving training, guidance, and oversight of Department of Veterans Affairs staff(1)Training(A)For all employeesThe Secretary of Veterans Affairs shall require all employees of the Department of Veterans Affairs to participate in uniform, national training on character of discharge eligibility standards for benefits and services provided under laws administered by the Secretary.(B)For front-line staffThe Secretary shall require all employees of the Department who the Secretary considers front-line staff, including employees of the Department that the Secretary considers Department facility enrollment and eligibility staff, to participate, as soon as practicable after the date of the enactment of this Act and periodically thereafter, in training described in subparagraph (A).(2)Requirement that any contact with Department of Veterans Affairs seeking health care from Department be recorded in electronic health management systemThe Secretary shall ensure that any contact made by an individual seeking health care from the Department is recorded in the electronic health management system of the Department. (3)Designation of positions(A)In generalThe Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable.(B)Congressional updatesThe official designated to a national-level position under subparagraph (A) shall provide Congress with updates, on a regular basis, on progress made by the Department in providing benefits and services to individuals described in subparagraph (A).(b)Remedy past unlawful turn-Aways(1)Assessment, identification, recommendations, and reportNot later than one year after the date of the enactment of this Act, the Inspector General of the Department of Veterans affairs shall—(A)conduct an assessment of the practices of the Department involving denying benefits and services to individuals seeking such benefits and services from the Department based on a discharge or release from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable;(B)identify whether any denials described in subparagraph (A) were unlawful and the scope of such unlawful denials by the Department;(C)develop recommendations for legislative or administrative action to limit the occurrence of unlawful denials described in subparagraph (B); and(D)submit to Congress a report on the findings of the Inspector General under subparagraphs (A) through (C).(2)Notice(A)In generalThe Secretary shall—(i)notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and(ii)encourage individuals described in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department.(B)MannerThe Secretary shall carry out subparagraph (A) by sending individuals described in such subparagraph a letter to last known address on file with Social Security Administration.(3)Outreach(A)Program requiredThe Secretary shall carry out a program of public outreach, including via the internet and through mailed notices, to covered individuals described in subparagraph (B) who may have been unlawfully denied a benefit or service from the Department based on the characterization of their discharge or release from service in the active military, naval, or air service.(B)Covered individualsFor purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable.(C)ContentsOutreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. (D)MannerOutreach under the program required by subparagraph (A) shall include the following methods of contact:(i)Traditional and social media.(ii)Websites and blogs of the Department.(iii)Informational brochures and fact sheets.(iv)Community events.(c)Simplifying eligibility standards and processes(1)Modification of definition of veteranSection 101(2) of title 38, United States Code, is amended by striking under conditions other than dishonorable and inserting , other than a person whose rights are barred by section 5303(a) of this title.(2)Veterans Justice Outreach Program services(A)In generalThe Secretary of Veterans Affairs shall ensure that services provided by the Veterans Justice Outreach Program are available to all individuals who served in the active military, naval, or air service, regardless of the nature of their discharge or release from such service.(B)Veterans Justice Outreach Program definedIn this paragraph:(i)Justice-involved veteranThe term justice-involved veteran means a veteran with active, ongoing, or recent contact with some component of a local criminal justice system.(ii)Local criminal justice systemThe term local criminal justice system means law enforcement, jails, prisons, and Federal, State, and local courts.(iii)Veterans Justice Outreach ProgramThe term Veterans Justice Outreach Program means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services.(d)DefinitionsIn this section, the terms active military, naval, or air service and veteran have the meanings given such terms in section 101 of title 38, United States Code. 3.Modification of requirements relating to eligibility for certain counseling services from Department of Veterans Affairs(a)Counseling for military sexual traumaSection 1720I(b) of title 38, United States Code, is amended—(1)in paragraph (4)—(A)by striking subparagraph (B); and(B)in subparagraph (A), by striking (A)(i) served and inserting (i) served; and(2)in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;(3)in paragraph (1), by striking is a former member and inserting (A) is a former member;(4)by redesignating paragraphs (2) through (4) as subparagraphs (B) through (D), respectively; and(5)by adding at the end the following new paragraph:(2)(A)is a former member of the Armed Forces, including the reserve components;(B)is not enrolled in the health care system established by section 1705 of this title; and(C)while serving in the Armed Forces, was the victim of a physical assault of a sexual nature, a battery of a sexual nature, or sexual harassment (as defined in section 1720D(f) of this title)..(b)Counseling in Vet Centers(1)In generalSection 1712A(a)(1)(C) of such title is amended—(A)by striking individual who is a veteran or each place it appears;(B)in clause (ii), by striking causalities and inserting casualties;(C)in clause (iii), by striking such veteran or member and inserting such member;(D)in clause (vii)—(i)in subclause (I), by striking ; or and inserting a semicolon; and(ii)in subclause (II), by striking veteran or member of the Armed Forces and insertingveteran; or(III)member of the Armed Forces;(E)by redesignating clauses (i) through (vii) as clauses (ii) through (viii), respectively; and(F)by inserting before clause (ii), as redesignated by subparagraph (E), the following new clause (i):(i)Any veteran..(2)Conforming amendments(A)In generalSection 1712A of such title is amended—(i)in subsection (a)(1)—(I)by striking clauses (i) through (vi) each place it appears and inserting clauses (i) through (vii);(II)by striking clause (vii) each place it appears and inserting clause (viii); and(III)in subparagraph (B)(ii)(II), by striking veteran or member described in subclause (II) and inserting veteran or a member described in subclause (III); and(ii)in subsection (g)(1), by striking described in subsection (a)(1)(C).(B)Suicide prevention assistanceSection 201(q)(4)(C) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 (Public Law 116–171; 38 U.S.C. 1720F note) is amended by striking clauses (i) through (iv) and inserting clauses (ii) through (v). 4.Outreach to and study on treatment of members of the Armed Forces discharged under conditions other than honorable for no other reason than sexual orientation or gender identity(a)OutreachThe Secretary of Veterans Affairs shall conduct outreach to former members of the Armed Forces who were discharged from the Armed Forces under other than honorable conditions for no other reason than the sexual orientation or gender identity of the member pursuant to the Don't Ask, Don't Tell policy of the Department of Defense.(b)StudyThe Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not.


		II
		110th CONGRESS
		2d Session
		S. 3355
		IN THE SENATE OF THE UNITED STATES

			July 29 (legislative
			 day, July 28), 2008
			Mr. Tester (for himself
			 and Mr. Baucus) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Indian
			 Affairs

		A BILL
		To authorize the Crow Tribe of Indians water rights
		  settlement, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Crow Tribe Water Rights Settlement
			 Act of 2008.
		2.PurposesThe purposes of this Act are—
			(1)to achieve a
			 fair, equitable, and final settlement of claims to water rights in the State of
			 Montana for—
				(A)the Crow Tribe;
			 and
				(B)the United States
			 for the benefit of the Tribe and allottees;
				(2)to authorize,
			 ratify, and confirm the Crow Tribe-Montana Water Rights Compact entered into by
			 the Tribe and the State on June 22, 1999;
			(3)to authorize and
			 direct the Secretary of the Interior—
				(A)to execute the
			 Crow Tribe-Montana Water Rights Compact; and
				(B)to take any other
			 action necessary to carry out the Compact in accordance with this Act;
			 and
				(4)to authorize the
			 appropriation of funds necessary for the implementation of the Compact and this
			 Act.
			3.DefinitionsIn this Act:
			(1)AllotteeThe
			 term allottee means any individual who holds a beneficial real
			 property interest in an allotment of Indian land that is—
				(A)located within
			 the Reservation or the ceded strip; and
				(B)held in trust by
			 the United States.
				(2)Ceded
			 stripThe term ceded strip means the area identified
			 on the map attached as appendix 5 to the Compact.
			(3)CIP
			 OM&RThe term CIP OM&R means—
				(A)any recurring or
			 ongoing activity associated with the day-to-day operation of the Crow
			 Irrigation Project;
				(B)any activity
			 relating to scheduled or unscheduled maintenance of the Crow Irrigation
			 Project; and
				(C)any activity
			 relating to replacement of a feature of the Crow Irrigation Project.
				(4)CompactThe
			 term Compact means the water rights compact between the Tribe and
			 the State contained in section 85–20–901 of the Montana Code Annotated (2007)
			 (including any exhibit or part of or amendment to the Compact).
			(5)Crow irrigation
			 project
				(A)In
			 generalThe term Crow Irrigation Project means the
			 irrigation project—
					(i)authorized by
			 section 31 of the Act of March 3, 1891 (26 Stat. 1040);
					(ii)managed by the
			 Secretary (acting through the Bureau of Indian Affairs); and
					(iii)consisting of
			 the project units of—
						(I)Agency;
						(II)Big Horn;
						(III)Forty
			 Mile;
						(IV)Lodge Grass
			 #1;
						(V)Lodge Grass
			 #2;
						(VI)Pryor;
						(VII)Reno;
						(VIII)Soap Creek;
			 and
						(IX)Upper Little
			 Horn.
						(B)InclusionThe
			 term Crow Irrigation Project includes land held in trust by the
			 United States for the Tribe and the allottees in the Bozeman Trail and Two
			 Leggins irrigation districts.
				(6)Crow settlement
			 fundThe term Crow Settlement Fund means the fund
			 established by section 11(a).
			(7)Economic
			 developmentThe term Economic Development means any
			 activity the Tribe determines to further the economic development of the
			 Tribe.
			(8)Enforceability
			 dateThe term enforceability date means the date on
			 which the Secretary publishes in the Federal Register the statement of findings
			 described in section 10(e).
			(9)FinalThe
			 term final with reference to approval of the decree described in
			 section 10(e)(1)(A) means—
				(A)completion of any
			 direct appeal to the Montana Supreme Court of a decree by the Montana Water
			 Court pursuant to section 85–2–235 of the Montana Code Annotated (2007),
			 including the expiration of time for filing of any such appeal; or
				(B)completion of any
			 appeal to the appropriate United States Court of Appeals, including the
			 expiration of time in which a petition for certiorari may be filed in the
			 United States Supreme Court, denial of such petition, or issuance of the United
			 States Supreme Court’s mandate, whichever occurs last.
				(10)Indian
			 tribeThe term Indian tribe has the meaning given
			 the term in section 4 of the Indian Self-Determination and Education Assistance
			 Act (25 U.S.C. 450b).
			(11)MR&I
			 system
				(A)In
			 generalThe term MR&I System means the
			 municipal, rural, and industrial water system of the Reservation, generally
			 described in the document entitled Crow Indian Reservation Municipal,
			 Rural and Industrial Water System Engineering Report prepared by HKM
			 Engineering, Inc., and dated July 2008.
				(B)InclusionsThe
			 term MR&I System includes—
					(i)the
			 raw water intake, water treatment plant, pipelines, storage tanks, pumping
			 stations, pressure-reducing valves, electrical transmission facilities, and
			 other items (including real property and easements necessary to deliver potable
			 water to the Reservation) appurtenant to the system described in subparagraph
			 (A); and
					(ii)in
			 descending order of construction priority—
						(I)the Big Horn
			 River Valley Subsystem; and
						(II)the Little Big
			 Horn River Valley Subsystem.
						(12)MR&I
			 system OM&RThe term MR&I System OM&R
			 means—
				(A)any recurring or
			 ongoing activity associated with the day-to-day operation of the MR&I
			 System;
				(B)any activity
			 relating to scheduled or unscheduled maintenance of the MR&I System;
			 and
				(C)any activity
			 relating to replacement of project features of the MR&I System.
				(13)ReservationThe
			 term Reservation means the area identified on the map attached as
			 appendix 4 to the Compact.
			(14)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(15)StateThe
			 term State means the State of Montana.
			(16)Tribal compact
			 administrationThe term Tribal Compact
			 Administration means any activity relating to—
				(A)the development
			 or enactment by the Tribe of the tribal water code;
				(B)establishment by
			 the Tribe of a water resources department; and
				(C)the operation by
			 the Tribe of that water resources department (or a successor agency) during the
			 10-year period beginning on the date of establishment of the department.
				(17)Tribal water
			 codeThe term tribal water code means a water code
			 adopted by the Tribe in accordance with section 7(f).
			(18)Tribal water
			 rightsThe term tribal water rights means—
				(A)the water rights
			 of the Tribe described in the Compact; and
				(B)the water rights
			 provided to the Tribe under section 8.
				(19)TribeThe
			 term Tribe means the Crow Tribe of Indians of the State of Montana
			 on behalf of itself and its members (but not its members in their capacities as
			 allottees).
			(20)Yellowtail dam
			 OM&RThe term Yellowtail Dam OM&R means the
			 charges levied by the Bureau of Reclamation for operation, maintenance, and
			 repair costs in association with storage contracts for water stored in Bighorn
			 Lake.
			(21)Water
			 development projectThe term Water Development
			 Project means any future potable water system developed by the Tribe to
			 serve the other portions of the Reservation, or such water development projects
			 as the Tribe determines to be appropriate to fulfill the water needs of its
			 members.
			4.Ratification of
			 compact
			(a)In
			 generalExcept as modified by this Act, and to the extent the
			 Compact does not conflict with this Act, the Compact is authorized, ratified,
			 and confirmed. To the extent amendments to the Compact are executed that are
			 consistent with this Act, such amendments are also authorized, ratified, and
			 confirmed.
			(b)Execution of
			 compactTo the extent that the Compact does not conflict with
			 this Act, the Secretary is directed to and shall promptly execute the Compact,
			 including all exhibits to or parts of the Compact requiring the signature of
			 the Secretary.
			(c)National
			 environmental policy Act of 1969
				(1)Environmental
			 complianceIn implementing the Compact, the Secretary shall
			 promptly comply with all applicable aspects of the National Environmental
			 Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973
			 (16 U.S.C. 1531 et seq.), and all other applicable environmental Acts and
			 regulations.
				(2)Execution of
			 the compactExecution of the Compact by the Secretary under this
			 section shall not constitute a major Federal action under the National
			 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary is
			 directed to carry out all Federal compliance necessary to implement the
			 Compact.
				5.Rehabilitation
			 and improvement of the crow irrigation project
			(a)In
			 generalThe Secretary, acting through the Commissioner of
			 Reclamation, shall carry out such activities as are necessary to rehabilitate
			 and improve the water diversion and delivery features of the Crow Irrigation
			 Project, in accordance with an agreement to be negotiated between the Secretary
			 and the Tribe.
			(b)Lead
			 agencyThe Bureau of Reclamation shall serve as the lead agency
			 with respect to any activity to rehabilitate or improve the water diversion or
			 delivery features of the Crow Irrigation Project.
			(c)ScopeThe
			 scope of the rehabilitation and improvement under this section shall be as
			 described in the document entitled Engineering Evaluation of Existing
			 Conditions, Crow Agency Rehabilitation Study prepared by HKM
			 Engineering, Inc., and dated July 2008.
			(d)Costs to
			 tribeCosts incurred by the Secretary in carrying out an
			 agreement under subsection (a) that are allocated to the Tribe shall be
			 nonreimbursable.
			(e)FundingThe
			 Secretary’s obligation pursuant to this section shall not exceed $160,653,000,
			 except that the total amount of $160,653,000 shall be increased or decreased,
			 as appropriate, based on ordinary fluctuations from May 1, 2008, in
			 construction cost indices applicable to the types of construction involved in
			 the rehabilitation and improvement.
			(f)AgreementAt
			 the request of the Tribe, in accordance with applicable Federal law, the
			 Secretary shall enter into an agreement with the Tribe to implement the
			 provisions of this section by which the Tribe shall plan, design, and construct
			 any or all of the rehabilitation and improvement required by this
			 section.
			(g)Effect of
			 ActNothing in this Act affects any responsibility of the
			 Secretary relating to the operation, maintenance, or repair of the Crow
			 Irrigation Project.
			6.Design and
			 construction of MR&I system
			(a)In
			 generalThe Secretary, acting through the Commissioner of
			 Reclamation, shall carry out such activities as are necessary to design and
			 construct the water diversion and delivery features of the MR&I System, in
			 accordance with an agreement to be negotiated between the Secretary and the
			 Tribe.
			(b)Lead
			 agencyThe Bureau of Reclamation shall serve as the lead agency
			 with respect to any activity to design and construct the water diversion and
			 delivery features of the MR&I System.
			(c)ScopeThe
			 scope of the design and construction under this section shall be as described
			 in the document entitled Crow Indian Reservation Municipal, Rural and
			 Industrial Water System Engineering Report prepared by HKM Engineering,
			 Inc., and dated July 2008.
			(d)Costs to
			 tribeCosts incurred by the Secretary in carrying out an
			 agreement under subsection (a) that are allocated to the Tribe shall be
			 nonreimbursable.
			(e)FundingThe
			 Secretary’s obligation pursuant to this section shall not exceed $200,840,000,
			 except that the total amount of $200,840,000 shall be increased or decreased,
			 as appropriate, based on ordinary fluctuations from May 1, 2008, in
			 construction cost indices applicable to the types of construction involved in
			 the design and construction.
			(f)AgreementAt
			 the request of the Tribe, in accordance with applicable Federal law, the
			 Secretary shall enter into an agreement with the Tribe to implement the
			 provisions of this section by which the Tribe shall plan, design, and construct
			 any or all of the design and construction required by this section.
			7.Tribal water
			 rights
			(a)Intent of
			 CongressIt is the intent of Congress to provide to each allottee
			 benefits that are equivalent to or exceed the benefits allottees currently
			 possess, taking into consideration—
				(1)the potential
			 risks, cost, and time delay associated with litigation that would be resolved
			 by the Compact and this Act;
				(2)the availability
			 of funding under this Act and from other sources;
				(3)the availability
			 of water from the tribal water rights; and
				(4)the applicability
			 of section 7 of the Act of February 8, 1887 (25 U.S.C. 381).
				(b)Confirmation of
			 tribal water rights
				(1)In
			 generalThe tribal water rights are ratified, confirmed, and
			 declared to be valid.
				(2)UseUse
			 of the tribal water rights shall be subject to the terms and conditions
			 established by the Compact.
				(c)Holding in
			 trustThe tribal water rights shall be held in trust by the
			 United States for the use and benefit of the Tribe, and the allottees in
			 accordance with this section.
			(d)AllotteesAs
			 specified in and provided for in this Act:
				(1)Entitlement to
			 waterAny entitlement to water of an allottee under Federal law
			 shall be satisfied from the tribal water rights.
				(2)AllocationsAllottees
			 shall be entitled to a just and equitable allocation of water for irrigation
			 purposes.
				(3)Satisfaction of
			 claimsThe water rights and other benefits granted by this Act
			 shall be considered full satisfaction of any claim of an allottee waived
			 pursuant to section 10(a)(2).
				(4)Exhaustion of
			 remediesBefore asserting any claim against the United States
			 under section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or any other
			 applicable law, an allottee shall exhaust remedies available under the tribal
			 water code or other applicable tribal law.
				(5)ClaimsFollowing
			 exhaustion of remedies available under the tribal water code or other
			 applicable tribal law, an allottee may seek relief under section 7 of the Act
			 of February 8, 1887 (25 U.S.C. 381), or other applicable law.
				(6)AuthorityThe
			 Secretary shall have the authority to protect allottees’ rights as specified in
			 this section.
				(e)Authority of
			 tribe
				(1)In
			 generalExcept as provided in paragraph (2), the Tribe shall have
			 sole authority to allocate, distribute, and lease the tribal water
			 rights—
					(A)in accordance
			 with the Compact; and
					(B)subject to
			 approval of the Secretary of the tribal water code under subsection
			 (f)(3)(B).
					(2)Leases by
			 allotteesNotwithstanding paragraph (1), and subject to the
			 tribal water code and applicable tribal and Federal law, an allottee may,
			 pursuant to the tribal water code, lease any interest in land held by the
			 allottee, together with any water right determined to be appurtenant to the
			 interest in land.
				(f)Tribal water
			 code
				(1)In
			 generalNotwithstanding the time period set forth in article
			 (IV)(A)(2)(b) of the Compact, not later than 1 year after the enforceability
			 date, the Tribe shall enact a tribal water code, that provides for—
					(A)the management,
			 regulation and governance of all uses of the tribal water rights in accordance
			 with the Compact; and
					(B)establishment by
			 the Tribe of conditions, permit requirements, and other limitations relating to
			 the storage, recovery, and use of the tribal water rights in accordance with
			 the Compact.
					(2)InclusionsSubject
			 to the approval of the Secretary, the tribal water code shall provide
			 that—
					(A)tribal
			 allocations of water to allottees shall be satisfied with water from the tribal
			 water rights;
					(B)charges for
			 delivery of water for irrigation purposes for allottees shall be assessed on a
			 just and equitable basis;
					(C)there is a
			 process by which an allottee may request that the Tribe provide water for
			 irrigation use in accordance with this Act;
					(D)there is a due
			 process system for the consideration and determination by the Tribe of any
			 request by an allottee, or any successor in interest to an allottee, for an
			 allocation of such water for irrigation purposes on allotted land, including a
			 process for—
						(i)appeal and
			 adjudication of any denied or disputed distribution of water; and
						(ii)resolution of
			 any contested administrative decision; and
						(E)there is a
			 requirement that any allottee with a claim relating to the enforcement of
			 rights of the allottee under the tribal water code or relating to the amount of
			 water allocated to land of the allottee must first exhaust remedies available
			 to the allottee under tribal law and the tribal water code before initiating an
			 action against the United States or petitioning the Secretary pursuant to
			 subsection (d)(5).
					(3)Action by
			 Secretary
					(A)In
			 generalThe Secretary shall administer the tribal water rights
			 until the tribal water code is enacted in accordance with paragraph (1) and
			 those provisions requiring approval pursuant to paragraph (2).
					(B)ApprovalThe
			 tribal water code shall not be valid unless—
						(i)the
			 provisions of the tribal water code required by paragraph (2) are approved by
			 the Secretary; and
						(ii)each amendment
			 to the tribal water code that affects a right of an allottee is approved by the
			 Secretary.
						(g)EffectExcept
			 as otherwise specifically provided in this section, nothing in this Act—
				(1)authorizes any
			 action by an allottee against any individual or entity, or against the Tribe,
			 under Federal, State, tribal, or local law; or
				(2)alters or affects
			 the status of any action pursuant to section 1491(a) of title 28, United States
			 Code.
				8.Storage
			 allocation from bighorn lake
			(a)Storage
			 allocation to tribe
				(1)In
			 generalAs described in and subject to article III(A)(1)(b) of
			 the Compact, the Secretary shall allocate to the Tribe 300,000 acre-feet per
			 year of water stored in Bighorn Lake, Yellowtail Unit, Lower Bighorn Division,
			 Pick Sloan Missouri Basin Program, Montana, under a water right held by the
			 United States and managed by the Bureau of Reclamation, as measured at the
			 outlet works of Yellowtail Dam, including—
					(A)not more than
			 150,000 acre-feet per year of the allocation, which may be used in addition to
			 the natural flow right described in article III(A)(1)(a) of the Compact;
			 and
					(B)150,000 acre-feet
			 per year of the allocation, which may be used only as supplemental water for
			 the natural flow right described in article III(A)(1)(a) of the Compact for use
			 in times of natural flow shortage.
					(2)Treatment
					(A)In
			 generalThe allocation under paragraph (1) shall be considered to
			 be part of the tribal water rights.
					(B)Priority
			 dateThe priority date of the allocation under paragraph (1)
			 shall be the priority date of the water right held by the Bureau of
			 Reclamation.
					(C)Administration
						(i)In
			 generalThe Tribe shall administer the water allocated under
			 paragraph (1) in accordance with the Compact.
						(ii)Temporary
			 transferIn accordance with subsection (c), the Tribe may
			 temporarily transfer by service contract, lease, exchange, or other agreement,
			 not more than 50,000 acre-feet of water allocated under paragraph (1)(A) off
			 the Reservation, subject to the approval of the Secretary and the requirements
			 of the Compact.
						(b)Allocation
			 agreement
				(1)In
			 generalAs a condition of receiving an allocation under this
			 section, the Tribe shall enter into an allocation agreement with the Secretary
			 to establish the terms and conditions of the allocation, in accordance with the
			 terms and conditions of the Compact and this Act.
				(2)InclusionsThe
			 allocation agreement under paragraph (1) shall include, among other things, a
			 provision that—
					(A)it is without
			 limit as to term;
					(B)the Tribe, and
			 not the United States, shall be entitled to all consideration due to the Tribe
			 under any lease, contract, or agreement the Tribe may enter into pursuant to
			 the authority in subsection (c);
					(C)the United States
			 shall have no trust obligation or other obligation to monitor, administer, or
			 account for—
						(i)any
			 funds received by the Tribe as consideration under any lease, contract, or
			 agreement the Tribe may enter into pursuant to the authority in subsection (c);
			 or
						(ii)the expenditure
			 of such funds;
						(D)if the facilities
			 at Yellowtail Dam are significantly reduced or are anticipated to be
			 significantly reduced for an extended period of time, the Tribe shall have the
			 same storage rights as other storage contractors with respect to the allocation
			 under this section;
					(E)the costs
			 associated with the construction of the storage facilities at Yellowtail Dam
			 allocable to the Tribe—
						(i)shall be
			 nonreimbursable; and
						(ii)shall be
			 excluded from any repayment obligation of the Tribe; and
						(F)no water service
			 capital charges shall be due or payable for any water allocated to the Tribe
			 pursuant to this Act and the allocation agreement, regardless of whether that
			 water is delivered for use by the Tribe or is delivered under any leases,
			 contracts, or agreements the Tribe may enter into pursuant to the authority in
			 subsection (c).
					(c)Temporary
			 transfer for use off reservation
				(1)In
			 generalNotwithstanding any other provision of statutory or
			 common law, subject to paragraph (2), on approval of the Secretary and subject
			 to the terms and conditions of the Compact, the Tribe may enter into a service
			 contract, lease, exchange, or other agreement providing for the temporary
			 delivery, use, or transfer of not more than 50,000 acre-feet per year of water
			 allocated under subsection (a)(1)(A) for use off the Reservation.
				(2)RequirementAn
			 agreement under paragraph (1) shall not permanently alienate any portion of the
			 water allocated under subsection (a)(1)(A).
				(d)Remaining
			 storage
				(1)In
			 generalUpon the date of enactment of this Act, water in Bighorn
			 Lake shall be considered to be fully allocated and no further storage
			 allocations shall be made by the Secretary.
				(2)Effect of
			 subsectionNothing in this subsection prevents the Secretary from
			 renewing the storage contract with Pennsylvania Power and Light Company
			 consistent with the allocation to Pennsylvania Power and Light Company in
			 existence on the date of enactment of this Act, or entering into future
			 agreements with the Northern Cheyenne or Crow Tribes facilitating the Northern
			 Cheyenne and Crow Tribes’ use of their allocations of water from Bighorn
			 Lake.
				9.Satisfaction of
			 claims
			(a)In
			 generalThe benefits provided to the Tribe and the allottees
			 under the Compact and this Act shall be considered to completely satisfy all
			 claims of the Tribe and the allottees waived and released pursuant to section
			 10.
			(b)No recognition
			 of water rightsNotwithstanding subsection (a) and except as
			 provided in section 7(d), nothing in this Act recognizes or establishes any
			 right of a member of the Tribe or an allottee to water within the Reservation
			 or the ceded strip.
			10.Waivers and
			 releases of claims
			(a)In
			 general
				(1)Claims for
			 water rights by the tribe on behalf of itself and its members (but not its
			 members in their capacities as allottees) and by the United States on behalf of
			 the tribe and its members (but not members in their capacities as
			 allottees)Subject to the retention of rights set forth in
			 subsection (c), as consideration for the benefits granted under the Compact and
			 this Act, the Tribe, on behalf of the Tribe and tribal members (but not tribal
			 members in their capacities as allottees) is authorized, and the United States,
			 on behalf of the Tribe and its members (but not members in their capacities as
			 allottees), is authorized and directed, to execute a waiver and release of any
			 claims for water rights, including claims based on aboriginal title, within the
			 State arising from time immemorial up to and including the enforceability date,
			 except to the extent that such claims are recognized in the Compact or this
			 Act.
				(2)Claims for
			 water rights by the United States on behalf of allotteesSubject
			 to the retention of rights set forth in subsection (c), the United States on
			 behalf of allottees, as consideration for the benefits granted under the
			 Compact and this Act, is authorized and directed to execute a waiver and
			 release of any claims for water rights, including claims based on aboriginal
			 title, within the Reservation and the ceded strip arising from time immemorial
			 and, thereafter, forever, except to the extent that such claims are recognized
			 in the Compact or this Act.
				(3)Waiver and
			 release of claims against the United StatesSubject to the
			 retention of rights set forth in subsection (c), the Tribe, on behalf of the
			 Tribe and tribal members (but not members in their capacities as allottees), as
			 consideration for the benefits granted under the Compact and this Act, is
			 authorized to execute a waiver and release of any claims against the United
			 States (or agencies, or employees of the United States) under Federal, State,
			 or other law for—
					(A)all claims that
			 the Tribe may have against the United States, its agencies, or employees,
			 arising out of, resulting from, or relating in any manner to claims for water
			 rights in the State that the United States acting in its capacity as trustee
			 for the Tribe asserted, or could have asserted, in any court proceeding at any
			 time up to and including the date of enactment of this Act;
					(B)all claims
			 relating to damages, losses, injuries to water, land, or other trust resources
			 due to loss of water or water rights, including claims of interference with,
			 diversion or taking of water, or claims relating to failure to protect,
			 acquire, replace, or develop water or water rights within the State of Montana
			 that accrued at any time up to and including the date of enactment of this Act
			 and that the Tribe asserted or could have asserted in any court against the
			 United States, its agencies, or employees;
					(C)all claims
			 arising out of, resulting from or relating in any manner to the litigation of
			 claims relating to the Tribe’s water rights in the State that accrued at any
			 time up to and including the date of enactment of this Act; and
					(D)all claims
			 arising out of, resulting from, or relating in any manner to the negotiation,
			 execution, or the adoption of the Compact or the Act at any time up to and
			 including the date of enactment of this Act.
					(b)Effectiveness
			 of waivers and releasesThe waivers under subsection (a) shall
			 take effect on the enforceability date.
			(c)Retention of
			 rightsNotwithstanding any other provision of this Act or the
			 Compact, the Tribe, on behalf of itself and tribal members (but not members in
			 their capacities as allottees), and the United States, acting as trustee for
			 the Tribe, tribal members, and the allottees, retain the right to
			 assert—
				(1)claims for
			 enforcement of the Compact, this Act, and any judgment and decree issued by any
			 court of appropriate jurisdiction in connection with the approval of the
			 Compact or this Act;
				(2)claims for
			 enforcement of any water rights acquired after the date of enactment of this
			 Act;
				(3)any and all
			 claims relating to activities affecting the quality of water;
				(4)any objections to
			 any claims for water rights under State law by or for any parties in the
			 Montana statewide adjudication of water rights under title 85 of part 2,
			 Montana Code Annotated (2007); and
				(5)claims for all
			 rights, privileges, immunities, and powers not specifically waived and released
			 pursuant to subsection (a) or article VII(E) of the Compact.
				(d)Effect of
			 compact and ActNothing in the Compact or this Act—
				(1)affects the
			 authority of the United States, acting in a sovereign capacity, to carry out
			 any other Federal law (including regulations), including laws relating to
			 health, safety, or the environment, such as—
					(A)the Federal Water
			 Pollution Control Act (33 U.S.C. 1251 et seq.);
					(B)the Safe Drinking
			 Water Act (42 U.S.C. 300f et seq.);
					(C)the Comprehensive
			 Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601
			 et seq.); and
					(D)the Solid Waste
			 Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the Resource
			 Conservation and Recovery Act of 1976);
					(2)affects the
			 authority of the United States to carry out any activity as a trustee for any
			 Indian tribe other than the Tribe (or for any allottee of such an Indian
			 tribe); or
				(3)confers on any
			 State court jurisdiction—
					(A)to enforce
			 Federal environmental law regarding the duties of the United States; or
					(B)to conduct
			 judicial review of any Federal agency action.
					(e)Enforceability
			 date
				(1)In
			 generalThe enforceability date shall be the date on which the
			 Secretary publishes in the Federal Register a statement of findings
			 that—
					(A)the Montana Water
			 Court has issued a final judgment and decree approving the Compact, or if the
			 Montana Water Court is found to lack jurisdiction, the United States District
			 Court of jurisdiction has approved the Compact as a consent decree and such
			 approval is final;
					(B)$44,000,000 has
			 been deposited in the Crow Settlement Fund;
					(C)the Secretary has
			 fulfilled his obligations to negotiate an agreement with the Tribe in
			 accordance with sections 5(a) and 6(a);
					(D)the State has
			 appropriated and paid into an interest-bearing escrow account any payments then
			 due to the Tribe under the Compact;
					(E)the Tribe has
			 ratified the Compact by submitting the Act and the Compact to a vote by the
			 tribal membership for approval or disapproval and the tribal membership has
			 voted to approve the Act and the Compact by a majority of votes cast on the day
			 of the vote, as certified by the Secretary and the Tribe; and
					(F)the Secretary has
			 fulfilled the requirements of section 8(a).
					(f)Failure of
			 enforceability date To occurIf, because of the failure the
			 enforceability date to occur by December 31, 2014, this section does not become
			 effective, the Tribe, tribal members, and allottees, and the United States on
			 behalf of the Tribe, tribal members, and allottees, shall retain the right to
			 assert any and all claims for water within the State of Montana.
			(g)Tolling of
			 claims
				(1)In
			 generalEach applicable period of limitation and time-based
			 equitable defense relating to a claim described in this section shall be tolled
			 for the period beginning on the date of enactment of this Act and ending on the
			 date on which the amounts authorized to be appropriated to carry out this Act
			 are appropriated.
				(2)Effect of
			 subsectionNothing in this subsection revives any claim or tolls
			 any period of limitation or time-based equitable defense that expired before
			 the date of enactment of this Act.
				11.Crow Settlement
			 Fund
			(a)EstablishmentThere
			 is established in the Treasury of the United States the Crow Settlement Fund,
			 consisting of such amounts as are deposited in the fund under subsections (c)
			 through (h) of section 14.
			(b)Accounts of
			 Crow Settlement FundThe Secretary shall establish in the Crow
			 Settlement Fund the following accounts:
				(1)The Tribal
			 Compact Administration account, consisting of amounts authorized pursuant to
			 section 14(c).
				(2)The Economic
			 Development account, consisting of authorized pursuant to section 14(d).
				(3)The Water
			 Development Projects account, consisting of authorized pursuant to section
			 14(e).
				(4)The MR&I
			 System OM&R account, consisting of authorized pursuant to section
			 14(f).
				(5)The Yellowtail
			 Dam OM&R account, consisting of amounts authorized pursuant to section
			 14(g).
				(6)The CIP OM&R
			 account, consisting of authorized pursuant to section 14(h).
				(c)Deposits to
			 Crow Settlement Fund
				(1)In
			 generalThe Secretary of the Treasury shall promptly deposit in
			 the Crow Settlement Fund any amounts appropriated for that purpose.
				(2)Deposits to
			 accountsThe Secretary of the Treasury shall deposit amounts in
			 the accounts of the Crow Settlement Fund established under subsection (b) in
			 descending order of priority, with highest priority given to the Tribal Compact
			 Administration account established under subsection (b)(1).
				(d)Management
				(1)In
			 generalThe Secretary shall manage the Crow Settlement Fund, make
			 investments from the Crow Settlement Fund, and make monies available from the
			 Crow Settlement Fund for distribution to the Tribe consistent with the American
			 Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.)
			 (referred to in this subsection as the Trust Fund Reform
			 Act).
				(2)Investment of
			 crow settlement fundThe Secretary shall invest amounts in the
			 Crow Settlement Fund in accordance with—
					(A)the Act of April
			 1, 1880 (25 U.S.C. 161);
					(B)the first section
			 of the Act of June 24, 1938 (25 U.S.C. 162a);
					(C)the obligations
			 of Federal corporations and Federal Government-sponsored entities the charter
			 documents of which provide that the obligations of the entities are lawful
			 investments for federally managed funds, including—
						(i)the
			 obligations of the United States Postal Service described in section 2005 of
			 title 39, United States Code;
						(ii)bonds and other
			 obligations of the Tennessee Valley Authority described in section 15d of the
			 Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n–4);
						(iii)mortgages,
			 obligations, and other securities of the Federal Home Loan Mortgage Corporation
			 described in section 303 of the Federal Home Loan Mortgage Corporation Act (12
			 U.S.C. 1452); and
						(iv)bonds, notes,
			 and debentures of the Commodity Credit Corporation described in section 4 of
			 the Act of March 8, 1938 (15 U.S.C. 713a–4); and
						(D)the obligations
			 referred to in section 201 of the Social Security Act (42 U.S.C. 401).
					(3)Distributions
			 from Crow Settlement FundThe Secretary shall disburse funds from
			 the Crow Settlement Fund in accordance with this section, as follows:
					(A)Tribal compact
			 administration accountThe Secretary shall make expenditures from
			 this account for expenditures by the Tribe for Tribal Compact Administration,
			 upon request by the Tribe for an expenditure included in the definition of
			 Tribal Compact Administration.
					(B)Economic
			 development accountThe Secretary shall disburse funds from this
			 account to the Tribe upon the Tribe’s presentation of an economic development
			 project proposed to be funded for an expenditure included in the definition of
			 Economic Development.
					(C)Water
			 development project accountThe Secretary shall disburse funds
			 from this account to the Tribe upon the Tribe’s presentation of a request for
			 funding for a project included in the definition of Water Development
			 Project.
					(D)Yellowtail dam
			 OM&R accountThe Secretary shall expend interest accrued on
			 the funds from this account in the prior fiscal year for Yellowtail Dam
			 OM&R costs in the subsequent year. The interest expended by the Secretary
			 shall be used to reduce the Yellowtail Dam OM&R costs to all tribal water
			 users on a pro rata basis for that year.
					(E)CIP OM&R
			 accountThe Secretary shall expend interest accrued on the funds
			 from this account in the prior fiscal year for CIP OM&R costs in the
			 subsequent year. The interest expended by the Secretary shall be used to reduce
			 the CIP OM&R costs to all tribal water users on a pro rata basis for that
			 year.
					(4)Withdrawals by
			 tribe
					(A)In
			 generalThe Tribe may withdraw any portion of amounts in the Crow
			 Settlement Fund on approval by the Secretary of a tribal management plan in
			 accordance with the Trust Fund Reform Act.
					(B)Requirements
						(i)In
			 generalIn addition to the requirements under the Trust Fund
			 Reform Act, the tribal management plan of the Tribe under subparagraph (A)
			 shall require that the Tribe spend any amounts withdrawn from the Crow
			 Settlement Fund in accordance with this Act.
						(ii)EnforcementThe
			 Secretary may carry out such judicial or administrative actions as the
			 Secretary determines to be necessary to enforce a tribal management plan to
			 ensure that amounts withdrawn by the Tribe from the Crow Settlement Fund under
			 this paragraph are used in accordance with this Act.
						(C)LiabilityThe
			 Secretary and the Secretary of the Treasury shall not be liable for the
			 expenditure or investment of amounts withdrawn from the Crow Settlement Fund by
			 the Tribe under this paragraph.
					(D)Expenditure
			 plan
						(i)In
			 generalFor each fiscal year, the Tribe shall submit to the
			 Secretary for approval an expenditure plan for any portion of the amounts
			 described in subparagraph (A) that the Tribe elects not to withdraw under this
			 paragraph during the fiscal year.
						(ii)InclusionAn
			 expenditure plan under clause (i) shall include a description of the manner in
			 which, and the purposes for which, funds of the Tribe remaining in the Crow
			 Settlement Fund will be used during subsequent fiscal years.
						(iii)ApprovalOn
			 receipt of an expenditure plan under clause (i), the Secretary shall approve
			 the plan if the Secretary determines that the plan is—
							(I)reasonable;
			 and
							(II)consistent with
			 this Act.
							(5)Annual
			 reportsThe Tribe shall submit to the Secretary annual reports
			 describing each expenditure by the Tribe of amounts in the Crow Settlement Fund
			 during the preceding calendar year.
				(6)Certain per
			 capita distributions prohibitedNo amount in the Crow Settlement
			 Fund shall be distributed to any member of the Tribe on a per capita
			 basis.
				(e)AvailabilityThe
			 amounts in the Crow Settlement Fund shall be available for use by the Secretary
			 and withdrawal by the Tribe beginning on the enforceability date.
			(f)State
			 contributionThe State contribution shall be provided in
			 accordance with article VI(A) of the Compact.
			12.Yellowtail Dam,
			 Montana
			(a)Streamflow and
			 lake level management plan
				(1)In accordance
			 with Federal approval of the Compact, the Secretary is not limited from
			 exercising discretion as provided in section 4F of the Streamflow and Lake
			 Level Management Plan referred to in and part of the Compact.
				(2)Bighorn Lake
			 water management, including the Streamflow and Lake Level Management Plan, is a
			 Federal activity and review and enforcement of any water management decisions
			 shall be as provided by Federal law.
				(3)The Streamflow
			 and Lake Level Management Plan referred to in and part of the Compact shall be
			 interpreted to clearly reflect paragraphs (1) and (2).
				(b)Power
			 generation
				(1)Notwithstanding
			 any other provision of law, the Tribe shall have the exclusive right to develop
			 and market power generation as a water development project on the Yellowtail
			 Afterbay Dam.
				(2)The Bureau of
			 Reclamation shall cooperate with the Tribe on such project.
				(3)Any hydroelectric
			 power generated under this provision shall be used or marketed by the
			 Tribe.
				(4)The Tribe shall
			 retain any revenues from the sale of hydroelectric power generated under this
			 provision.
				(5)The United States
			 shall have no trust obligation to monitor, administer, or account for the
			 revenues received by the Tribe, or the expenditure of the revenues.
				(c)Consultation
			 with tribeThe Bureau of Reclamation shall consult with the Tribe
			 on at least a quarterly basis on all issues relating to the Bureau’s management
			 of Yellowtail Dam.
			13.Miscellaneous
			 provisions
			(a)Waiver of
			 sovereign immunity by the United StatesExcept as provided in
			 subsections (a) through (c) of section 208 of the Department of Justice
			 Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the
			 sovereign immunity of the United States.
			(b)Other tribes
			 not adversely affectedNothing in this Act quantifies or
			 diminishes any land or water right, or any claim or entitlement to land or
			 water, of an Indian tribe, band, or community other than the Tribe.
			(c)Limitation on
			 claims for reimbursementWith respect to Indian land within the
			 Reservation or the ceded strip—
				(1)the United States
			 shall not submit against any Indian-owned land located within the Reservation
			 or the ceded strip any claim for reimbursement of the cost to the United States
			 of carrying out this Act and the Compact; and
				(2)no assessment of
			 any Indian-owned land located within the Reservation or the ceded strip shall
			 be made regarding that cost.
				(d)Limitation on
			 liability of United States
				(1)In
			 generalThe United States has no trust or other
			 obligation—
					(A)to monitor,
			 administer, or account for, in any manner, any funds provided to the Tribe by
			 any party to the Compact other than the United States; or
					(B)to review or
			 approve any expenditure of those funds.
					(2)IndemnificationThe
			 Tribe shall indemnify the United States, and hold the United States harmless,
			 with respect to all claims (including claims for takings or breach of trust)
			 arising from the receipt or expenditure of amounts described in paragraph
			 (1)(A).
				(e)Effect on
			 current lawNothing in this section affects any provision of law
			 (including regulations) in effect on the day before the date of enactment of
			 this Act with respect to preenforcement review of any Federal environmental
			 enforcement action.
			14.Authorization
			 of appropriations
			(a)Rehabilitation
			 and improvement of crow irrigation projectThere is authorized to
			 be appropriated $160,653,000, adjusted to reflect changes since May 1, 2008,
			 under section 5(d) for the rehabilitation and improvement of the Crow
			 Irrigation Project.
			(b)Design and
			 construction of MR&I systemThere is authorized to be
			 appropriated $200,840,000, adjusted to reflect changes since May 1, 2008, under
			 section 6(d) for the design and construction of the MR&I System.
			(c)Tribal compact
			 administrationThere is authorized to be appropriated $4,000,000
			 for Tribal Compact Administration.
			(d)Economic
			 development projectsThere is authorized to be appropriated
			 $40,000,000 for Economic Development Projects.
			(e)Water
			 development projectsThere is authorized to be appropriated
			 $37,594,000 (as adjusted to reflect changes during the period beginning on May
			 1, 2008, and ending on the date of appropriation) for Water Development
			 Projects.
			(f)MR&I system
			 OM&RThere is authorized to be appropriated $40,513,000 (as
			 adjusted to reflect changes during the period beginning on May 1, 2008, and
			 ending on the date of appropriation) for MR&I OM&R.
			(g)Yellowtail dam
			 OM&RThere is authorized to be appropriated $30,876,000 (as
			 adjusted to reflect changes during the period beginning on May 1, 2008, and
			 ending on the date of appropriation) for Yellowtail Dam OM&R.
			(h)CIP
			 OM&RThere is authorized to be appropriated $12,736,000 (as
			 adjusted to reflect changes during the period beginning on May 1, 2008, and
			 ending on the date of appropriation) for CIP OM&R.
			(i)Environmental
			 complianceThere are authorized to be appropriated such sums as
			 are necessary to carry out all necessary environmental compliance activities
			 undertaken by the Secretary associated with the Compact and this Act.
			(j)Bureau of
			 reclamation costs for crow irrigation projectThere are
			 authorized to be appropriated such sums as are necessary for the Bureau of
			 Reclamation to carry out its role as lead agency for the rehabilitation and
			 improvement of the Crow Irrigation Project.
			(k)Bureau of
			 reclamation costs for MR&I systemThere are authorized to be
			 appropriated such sums as are necessary for the Bureau of Reclamation to carry
			 out its role as lead agency for the design and construction of the MR&I
			 System.
			15.Repeal on
			 failure to meet effective dateIf the Secretary does not publish a
			 statement of findings under section 10(e) by December 31, 2014—
			(1)this Act is
			 repealed effective January 1, 2015, and any action taken by the Secretary and
			 any contract or agreement pursuant to the authority provided under any
			 provision of this Act shall be void;
			(2)any amounts
			 appropriated under section 14, together with any interest on those amounts,
			 shall immediately revert to the general fund of the Treasury; and
			(3)any amounts made
			 available under section 14 that remain unexpended shall immediately revert to
			 the general fund of the Treasury.


114 HR 4013 IH: Equity and Excellence in American Education Act of 2015
U.S. House of Representatives
2015-11-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 4013
		IN THE HOUSE OF REPRESENTATIVES

			November 16, 2015
			Mr. Honda (for himself, Ms. Judy Chu of California, Mr. Delaney, Ms. Edwards, Mr. Ellison, Mr. Fattah, Ms. Fudge, Mr. Grijalva, Mr. Hinojosa, Ms. Lee, Mr. McDermott, Mr. McNerney, and Mr. Takano) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To create an equitable and excellent education system in the United States so that every child,
			 regardless of race, ethnicity, social class, or State of residence, can
			 receive a high-quality, academically rigorous education in a local public
			 school.

 1.Short titleThis Act may be cited as the Equity and Excellence in American Education Act of 2015. 2.PurposeThe purpose of this Act is to create a public education system in the United States that has the capacity to deliver an excellent education to every child, irrespective of race, ethnicity, English language proficiency, special needs, social class, or State of residence. Building that capacity on an equitable basis requires our Nation to make new, substantial financial investments in the education of our children, designed—
 (1)to overcome the widely varying fiscal and economic capacities to fund education that exist from State to State and community to community, which historically have resulted in far too many public schools having insufficient resources to cover the costs of providing their students with a high-quality, academically rigorous education;
 (2)to support capacity building at the school level focused on implementing educational practices that have been demonstrated to enhance student achievement;
 (3)to move away from outdated concepts of school finance that are focused primarily on State and local considerations, such as property valuation per pupil and per pupil foundation levels tied to State fiscal capacity, and to move to an education finance system focused on the actual cost of delivering a high-quality public education to each child based on that child’s needs;
 (4)to ensure all social, health and other necessary wrap-around services are available in public schools that serve a significant population of children who come from poverty; and
 (5)to target new Federal investments to those schools that serve— (A)a high percentage of children from poverty or otherwise economically disadvantaged families and communities; or
 (B)a high percentage of children who are part of a racial or ethnic minority group or are English language learners and who have historically demonstrated an achievement gap in academic performance compared to the performance of non-minority children.
 3.Sense of the CongressIt is the sense of the Congress that— (1)lack of financial capacity has been one of the consistent obstacles to providing the meaningful education opportunity each child in the United States needs to attain high levels of achievement in rigorous academic programs and build the skills necessary to attend college, compete in a global economy, and become a responsible, productive, and engaged citizen;
 (2)this Act will address that financial shortcoming and help create an education funding system that is sufficient in amount, equitable in application based on student need, and predictable and sustainable over time.
 4.DefinitionsIn this Act: (1)Employment cost indexThe term Employment Cost Index means the Employment Cost Index for total compensation (not seasonally adjusted) for civilian workers, by occupational group and industry, educational services, elementary and secondary schools, published by the Bureau of Labor Statistics (or any successor index thereto).
 (2)Enhanced investmentThe term enhanced investment means a year-to-year increase in the average per-pupil expenditure made by a State, after the effective date of this Act, in the education of children attending targeted schools who live in that State, that satisfies both of the following requirements:
 (A)The initial amount of such increase in elementary and secondary education funding is at least $250 per pupil more than the amount of total expenditures per pupil from all sources in such targeted schools for the immediately preceding school year (taking into account the percent increase, if any, in the Employment Cost Index in the most recently completed calendar year).
 (B)The entire amount of such enhanced investment comes from State funds, and does not include local or Federal sources.
 (3)Evidence-based cost analysis modelThe term evidence-based cost analysis model means a research-based evaluation of the actual cost of educating all children in a State to achieve high academic standards and otherwise create a meaningful educational opportunity, that—
 (A)considers only educational practices, personnel levels and qualifications, strategies, programs and other educational resources that have been demonstrated through evidence-based research to enhance student achievement;
 (B)adjusts for specific student demographics including poverty, English language proficiency, minority status, ethnic status, and special needs; and
 (C)adjusts for the specific expense of providing each of the resources described in subparagraph (A) based on the regional costs in a State. (4)Meaningful educational opportunityThe term meaningful educational opportunity means the provision of a combination of educational resources, including programs, practices, technology, physical facilities, wrap-around services, instructional materials, enrichment programs and qualified teaching, administrative and support personnel, necessary to ensure each child attending a targeted school receives a rigorous public education of sufficient quality to allow that child to achieve high academic standards and to graduate high school with the skills needed to be college and career ready.
 (5)SecretaryThe term Secretary means the Secretary of Education. (6)Targeted schoolA targeted school is a public elementary school or secondary school that satisfies one of the following requirements:
 (A)Twenty percent or more of the students at such school are eligible for free or reduced priced lunch under the Richard B. Russell National School Lunch Act.
 (B)Twenty percent or more of the students at such school qualify as limited English proficient. (C)Twenty-five percent or more of the students at such school are racial or ethnic minorities, Indian, or migratory.
 (7)Wrap-around servicesThe term wrap-around services means any social, counseling, health, nutritional, and other support services needed by students attending targeted schools.
 (8)ESEA termsAny term that is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) shall have the meaning given the term in such section.
			IEQUITY AND EXCELLENCE INITIATIVE
			100.Authorization of the Equity and Excellence Initiative
 (a)AuthorizationSubject to the availability of appropriations, the Secretary shall carry out a grant program, known as the Equity and Excellence Initiative, to provide—
 (1)an initial grant to each eligible State to match the enhanced investment made by such State for providing a meaningful educational opportunity for children who attend targeted schools in such State; and
 (2)subsequent grants to each State receiving a grant described in paragraph (1), for the fiscal year following the receipt of such grant and each subsequent fiscal year, provided such State satisfies the maintenance-of-effort requirement under section 102.
 (b)Certification of eligibilityTo be eligible to receive a grant under subsection (a), a State shall submit to the Secretary a certification, prepared by the State educational agency of such State and signed by the head of such agency, that—
 (1)verifies that the State has made an enhanced investment, or has satisfied the maintenance-of-effort requirement under section 102, for the appropriate fiscal year;
 (2)identifies the amount of such enhanced investment or maintenance-of-effort requirement, and provides specific documentation of the calculation of such amount in sufficient detail to permit the verification of such amount by the Secretary;
 (3)provides a detailed list of the targeted schools that will receive such enhanced investment or maintenance-of-effort requirement amount, including—
 (A)the basis on which each such school qualifies as a targeted school; (B)the number and demographic composition (including race, ethnicity, gender, English language proficiency, and low income status) of the students attending each such school; and
 (C)a metric for reviewing how each such school is performing academically, including performance by demographic categories within such school;
 (4)includes verification that the entire amount of enhanced investment or maintenance-of-effort requirement comes exclusively from State funds, and does not include any local or Federal funds; and
 (5)includes such other information as the Secretary may require by regulation. The Secretary may issue a standard form for use by States for certification of eligibility under this subsection, provided that any such form shall not be more than 10 pages in length.(c)Technical assistance grantsIn addition to the grants described in subsection (a), the Secretary shall, subject to the availability of appropriations, provide the State educational agency of each State that is awarded an initial grant under subsection (a)(1) with a technical assistance grant of $250,000 to assist the State educational agency in meeting the reporting, certification, data collection, and filing requirements under this title. The Secretary shall renew such technical assistance grant for each fiscal year for which a State is awarded a subsequent grant under subsection (a)(2).
				101.Grant amounts and distribution
				(a)Grant amounts
 (1)Initial grantThe amount of the initial grant to a State under section 100(a)(1) shall be equal to the enhanced investment made by such State during the previous fiscal year, multiplied by the number of students at targeted schools that received such enhanced investment amount in such State who will be in attendance at such schools during the school year funded by such initial grant.
 (2)Subsequent grantsThe amount of a subsequent grant to a State under section 100(a)(2) shall be— (A)for the fiscal year following the award of an initial grant described in paragraph (1) to the State, an amount equal to—
 (i)the enhanced investment made by such State during the fiscal year preceding the award of the initial grant, plus
 (ii)the amount of the maintenance-of-effort requirement under section 102 for the State for the fiscal year following the award of the initial grant; and
 (B)for each subsequent fiscal year, an amount equal to— (i)the amount of the subsequent grant awarded to such State for the preceding year, plus
 (ii)the amount of the maintenance-of-effort requirement under section 102 for the State for such year. (3)Maximum amount (A)In generalNotwithstanding paragraphs (1) and (2), no grant under section 100(a) shall exceed the amount necessary to provide a meaningful educational opportunity to every student who attends a targeted school in such State (as determined annually by the Secretary using an evidence-based cost analysis model).
 (B)ReductionIf, with respect to any State, it is determined that the amount of a grant under section 100(a) plus the amount of Federal and local funding for public education provided to the targeted schools in such State for such year exceeds the amount necessary to provide such meaningful educational opportunity, the amount of the grant under section 100(a) shall be reduced until the combination of such other funding for public education and the amount of the grant under section 100(a) does not exceed the cost of providing such meaningful educational opportunity.
 (b)DistributionThe Secretary shall award a grant under section 100(a) to an eligible State not later than 120 days after the Secretary receives a certification from such State in accordance with section 100(b). Not later than 30 days after receipt of grant funds under section 100(a), a State shall, through the State educational agency, distribute to each targeted school located in such State a percentage of such grant funds that is equal to the number of students attending such targeted school divided by the total number of students attending all targeted schools in such State.
				102.Maintenance of effort
 (a)In generalBeginning with the fiscal year following the first fiscal year for which the State receives a grant under section 100(a) for its targeted schools, the State shall use State funds to maintain an investment in an amount equal to such grant amount for its targeted schools, which amount shall be adjusted on an annual basis by the percentage change in the Employment Cost Index for the most recently completed calendar year.
 (b)Reduction of other Federal fundsIf, in any school year a State fails to satisfy the requirement described in subsection (a)— (1)the Secretary may assist the targeted schools in such State by awarding a local educational agency a grant under section 201 in an amount that the State should have provided under subsection (a); and
 (2)in a case in which the Secretary of Education awards such a grant to such State, the Secretary of the Treasury shall reduce other Federal funding owed to such State under any Federal assistance program (except for than the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)), part A of title IV and section 1108(b) of the Social Security Act (other than under subsections (a)(3) and (b) of section 403 of such Act), or the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966, on a dollar-for-dollar basis, and shall provide an accounting thereof to the such State.
					103.Use of grant funds by targeted schools
 (a)Use of grant fundsA targeted school shall use any grant funds received under this title to create a meaningful educational opportunity for each student attending such school, and shall include a combination of one or more of the activities described in subsection (b).
 (b)Authorized usesGrant funds received by a targeted school shall be used for building education capacity by implementing systems-based reforms, programs or initiatives that have been demonstrated, in the United States or abroad, to enhance student achievement, learning or critical thinking skills over time. Such reforms, programs or initiatives may include the following:
 (1)Enhancing pedagogical skills of extant teaching staffTo support the crucial role teachers play in creating a meaningful educational opportunity— (A)induction, mentoring, training and other professional development programs for teachers that are based on best practices, aligned with college and career ready standards, embedded in daily practice, and that have evidence-based support; and
 (B)collaborative teaching programs across schools and local educational agencies that encourage teachers to work in groups and share effective strategies.
 (2)Enhancing instructional capacityTo provide robust educational resources and programming— (A)implement extended learning time initiatives pursuant to which the school day or year is extended in conjunction with a plan that incorporates additional substantive learning, tutoring or enrichment programming demonstrated to correlate to enhanced student learning, achievement or development of either critical thinking or social/emotional learning;
 (B)implement high-quality after-school, summer, and vacation programs; (C)implement social/emotional learning curriculum including all teacher training or professional development necessary for such implementation to be successful;
 (D)introduce, supplement or implement fully rigorous academic programming including but not limited to programming needed for effective implementation of the college and career ready standards, advanced placement, honors or gifted programs, and academic tutoring programs, including but not limited to acquisition of all associated textbooks, library materials, computers, smart-boards, electronic tablets or similar devices, lab materials, virtual resources and other technology, pedagogical material or instructional supplies, as well as all professional development necessary for effective implementation thereof;
 (E)implement effective response to intervention programming using appropriately skilled professional staff to target instructional interventions to children’s areas of specific need as soon as those needs become apparent;
 (F)implement appropriate programs and services for English language learners; (G)implement meaningful enrichment programming that includes cultural, athletic, academic, civic, community service, and other enrichment activities, except that a targeted school shall use no more than 5 percent of the funds received for enrichment programs outlined in this subparagraph, unless such targeted school receives a waiver of the preceding limit from the Secretary;
 (H)implement appropriate programs and services for students with disabilities that are not funded under other State or Federal programs;
 (I)implement compensation programs designed to attract and retain highly skilled teachers, particularly those qualified in the areas of science, technology and math and instruction of English language learners;
 (J)hire additional, professional, qualified, teaching staff and classroom assistants needed to reduce class sizes in kindergarten through third grade to no more than 15 students, and class sizes for all grades thereafter to no more than 25 students;
 (K)hire additional nurses, counselors, support staff, certified special education teachers or assistants as required to service the needs of the children attending such targeted school;
 (L)implement evidence-based, effective strategies for reducing and preventing children from dropping out of school; and
 (M)implement enhanced technology and vocational instruction. (3)Wrap-around servicesTo ensure children are provided with the services necessary to receive a meaningful educational opportunity, the provision of necessary and appropriate wrap-around services each student attending such school may need through a program implemented by the school, to the extent feasible, to help coordinate the delivery of all such needed wrap-around services with high-quality providers of such services, except that a targeted school shall utilize no more than 5 percent of such grant funds to carry out this paragraph, unless such school receives a waiver from the Secretary.
 (4)Effective leadershipTo support the crucial role effective leadership plays in creating a meaningful educational opportunity and to attract, develop, and keep effective principals and other administrators, providing access to appropriate professional development, mentoring and training programs and implementing a compensation structure necessary to attract highly qualified professionals, except that a school may use no more than 5 percent of such grant funds to carry out this paragraph, unless such school receives a waiver from the Secretary.
 (5)Parent engagementTo encourage involvement of parents and guardians in the education of their children, implement or enhance effective parent engagement strategies and programs, including providing parenting education, after-hours adult education offerings in basic and advanced knowledge and skill areas, professional development that promotes mutual engagement between schools and families, adult English language learner classes targeted to parents of enrolled students, crisis counseling and support for families, and other family-based support services, provided that a school shall use no more than 10 percent of such grant funds to carry out this paragraph, unless such school receives a waiver from the Secretary.
 (6)Other usesTo account for the evolution of the concept of a meaningful educational opportunity, for purposes not included in paragraphs (1) through (5), if—
 (A)the State educational agency makes a written request to the Secretary for authorization to use grant funds for such purpose;
 (B)such request involves— (i)implementation of an educational practice not enumerated in paragraphs (1) through (5) for which there is research-based evidence that such practice enhances student achievement, learning or critical thinking; or
 (ii)creation or implementation of a pilot program such State educational agency believes will enhance student achievement, learning or critical thinking; and
 (C)the Secretary approves such request in writing. 104.Authorization of appropriations (a)AuthorizationFor the purpose of carrying out this title, there are authorized to be appropriated such sums as may be necessary for fiscal year 2016 and each of the succeeding fiscal years.
 (b)Ratable reductionIf the amount appropriated under subsection (a) for a fiscal year is not sufficient to award each participating State a grant under this title that is equal to the full amount such State is eligible to receive for such year the Secretary may ratably reduce the amount of each such grant or take other actions necessary to ensure an equitable distribution of such amount.
				IIEDUCATING EVERY CHILD
			200.Educating Every Child Initiative
 (a)PurposeThe purpose of this title is to ensure that every child in the United States— (1)receives the meaningful educational opportunity necessary for that child to achieve high academic standards, regardless of the investment made in that child’s education by the State or local community in which the child lives; and
 (2)develop the numeracy and literacy skills needed to be competitive in a modern economy and to be a contributing, engaged citizen in a vibrant democracy
 (b)AuthorizationThe Secretary is authorized to carry out a program, known as the Educating Every Child Initiative, to make annual grants directly to local educational agencies that include targeted schools if the Secretary determines that the State in which that child lives has failed to invest sufficient resources in that State’s public education system to create a meaningful educational opportunity for all children who attend targeted schools in that State. Grants the Secretary makes under this title shall be referred to as Educating Every Child Grants.
				201.Grant Terms
 (a)EligibilityTo be eligible to receive a grant under this title, a local educational agency shall submit to the Secretary—
 (1)a plan for utilization of the grant proceeds, that shall include only permitted uses described in section 103(b); and
 (2)a certification that all targeted schools receiving Educating Every Child Grants under this title shall utilize such grant funds only for such permitted uses.
 (b)Use of fundsA local educational agency receiving such grant under this title shall distribute such funds in the amounts, and directly to, the targeted schools designated by the Secretary.
 (c)Grant amountThe maximum amount of a grant under this title shall be that amount that, when aggregated with all other Federal, State, and local funds received by the targeted schools in such local education agency that will receive the funds from such grant, is sufficient to provide a meaningful educational opportunity to every child who attends such targeted schools (as determined by the Secretary using an evidence-based cost analysis model).
 (d)Minimum investment requiredThe State in which the targeted schools receiving grants under this title are located shall maintain the minimum investment (as defined in section 202) in each year such targeted schools receive such grants.
 (e)Technical assistanceThe Secretary shall provide each local educational agency that includes targeted schools receiving grants under this title annual technical assistance grants of $100,000 to support such local educational agency’s compliance with the reporting and planning obligations of this title, in each year the Secretary makes such grants to targeted schools located in such agency.
				202.Minimum investment
 (a)In generalFor purposes of this title, the minimum investment of a State shall mean the total amount of education funding received by targeted schools in that State from State and local resources in the complete school year immediately preceding the first year such targeted schools receive a grant under section 100(a), increased annually thereafter by the Employment Cost Index for the then most recently complete calendar year, for each year in which targeted schools in that State receive such grant.
 (b)Reduction of fundingIf a State fails to satisfy its minimum investment obligation under this title, then the Department of the Treasury shall reduce other Federal funding owed to that State under any Federal program other than the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), part A of title IV and section 1108(b) of the Social Security Act (other than under subsections (a)(3) and (b) of section 403 of such Act), or the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966, on a dollar-for-dollar basis, and shall provide an accounting thereof to the applicable State.
 203.Authorization of appropriationsFor purposes of carrying out this title, there are authorized to be appropriated such sums as may be necessary for fiscal year 2016 and each of the 5 succeeding fiscal years.
			IIIEQUITABLE AND SUSTAINABLE FISCAL POLICY PROGRAM
			300.Equitable and Sustainable Fiscal Policy
 (a)PurposeRecognizing that every State has a unique fiscal system, economy and demographic composition, the purpose of this title is to—
 (1)provide assistance to particular States to reform fiscal policies to create adequate State capacity to invest sufficiently in ensuring all of the children in the State receive a meaningful educational opportunity; and
 (2)to assist States in reforming their tax policies to comport with the principles of fair, responsive and stable taxation, thereby generating the capacity to fund education sufficiently so that all children, including those attending targeted schools receive a meaningful educational opportunity.
 (b)AuthorizationThe Secretary is authorized to establish the Equitable and Sustainable Fiscal Policy Program (ESFP), to support efforts by States to reform State fiscal policies to create State capacity to invest sufficiently in ensuring all their children receive a meaningful educational opportunity, by comporting with the principles of fairness, responsiveness, and stability required for equitable and sustainable taxation in a modern economy.
 301.Technical assistance grantsSubject to the availability of appropriations, the Secretary shall provide technical assistance grants of $1,000,000 to each State that submits a complete and accurate application for a grant under this title. The Governor of a State that desires to receive such a grant shall submit a written application to the Secretary, that—
 (1)outlines the fiscal policy reforms that State intends to consider; (2)summarizes that State’s current education funding system;
 (3)identifies how it intends to enhance State funding of targeted schools to provide a meaningful educational opportunity to children attending such schools; and
 (4)delineates how the proceeds of the grant received under this section will be used both to study that State’s fiscal policy and generate popular support for implementing the necessary tax policy reforms.
 302.Authorization of appropriationsFor purposes of carrying out this title, there are authorized to be appropriated such sums as may be necessary for fiscal year 2016 and each of the 5 succeeding fiscal years.
			IVREPORTING AND ACCOUNTABILITY
 400.Annual reports requiredEach State receiving a grant under title I or local educational agency receiving a grant under title II, shall file annual reports with the Secretary within 60 days of the close of the school year in which the grant is received, regarding the utilization of the proceeds of those grants which, at a minimum shall specify—
 (1)in detail each targeted school receiving any such grant proceeds and the total grant proceeds distributed to each such targeted school;
 (2)in detail the specific permitted uses described in section 102(b) for which all grant proceeds were utilized by each targeted school receiving the same;
 (3)how funding such permitted uses with grant proceeds received under this Act contributes to or constitutes part of a comprehensive, strategic plan to enhance the capacity of that State’s entire educational system to enable it to provide a meaningful educational opportunity to all students—but particularly those students attending targeted schools;
 (4)the demographic breakdown of each targeted school and the academic performance of the children attending those targeted schools vis-a-vis each other, the State’s student body overall, and the students attending the 5 percent of schools with the highest per pupil funding levels in that State;
 (5)the academic performance of racial and ethnic minority students, Indians, and English language learners in that State overall and as compared to the performance of non-minority students in that State;
 (6)specific programming, if any, designed to address any achievement gap that appears in the comparisons required under paragraph (5);
 (7)per-pupil funding levels in that State broken down by decile covering— (A)income levels per district,
 (B)property values per district, and (C)targeted schools versus all other schools;
 (8)professional staffing levels, teacher qualifications and class sizes by grade level in targeted schools vis-a-vis all other schools in that State;
 (9)attendance rates, graduation rates and drop-out rates (using definitions thereof agreed upon in writing by the Secretary), percentage of students enrolled in and passing advanced placement courses and tests, and ACT scores in targeted schools versus all other State schools;
 (10)availability of wrap-around services in the targeted schools to meet the need therefor; and (11)such other data as the Secretary may from time to time require via regulation or request in writing.
				401.Development of accountability metrics
 (a)EstablishmentThe Secretary shall work with the State educational agencies and local educational agencies receiving grants under this Act to develop the following:
 (1)A series of accountability metrics that will allow the Federal Government to monitor the performance of the equity and excellence investments it makes under this Act to ensure those investments are creating a meaningful educational opportunity and ultimately leading to enhanced student achievement. These metrics will be informative in nature, provide adequate data (as determined by the Secretary), and provide information that will allow the Department of Education, working in collaboration with State educational agencies, local educational agencies receiving grants under this Act and other stakeholders (such as but not limited to educators and as appropriate community members and parents) to develop changes in practice designed to enhance performance and effectively create the desired meaningful educational opportunity.
 (2)A series of mechanisms designed to remediate practices that are not attaining those goals. All enforcement mechanisms implemented by the Secretary pursuant to regulations it issues to accomplish the goals identified in this section will be designed in a manner that changes practice at the State, local educational agency, or targeted school level in a manner that creates a meaningful educational opportunity for all children and shall not take resources away from low income, minority, English language learners, or other children who attend targeted schools and need resources the most.(b)Enhanced metricsEvaluations of academic performance shall include multiple measures that—
 (1)may include standardized test scores but shall not be based solely on test scores; (2)to the extent test scores are considered, utilize a growth model of evaluation that tracks the academic performance of each child over time rather than simply comparing test scores by grade level of different annual cohorts of students;
 (3)shall include an evaluation of drop-out rates utilizing a methodology of which has been approved in writing and in advance by the Secretary;
 (4)may include course passage rates and may include— (A)where available, district developed assessments that incorporate sound methodology and best practice as determined by the Secretary;
 (B)where available, AP course taking; (C)when appropriate, portfolio based work; and
 (D)when appropriate, school environment metrics such as, but not limited to, reduced incidents of significant student discipline, development of collaborative educational practices, and implementation of effective, well-designed teacher and administrator professional development and induction and mentoring;
 (5)shall include an evaluation of growth in critical thinking. To the extent standardized tests are utilized to evaluate student achievement, the Secretary will work with State educational agencies receiving grants under this Act to ensure such testing provides an accurate measure of student learning and is free of racial, ethnic, gender, income class or other biases; and
 (6)shall include an analysis of resources (fiscal, facility, and personnel) to determine whether the applicable State and/or local educational agency has the capacity to provide a meaningful educational opportunity to each child it serves.
 402.Report to CongressNot later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary shall transmit 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 this Act and on the progress toward enhancing student achievement in targeted schools and creating an equitable and excellent public education system in the United States.


116 HR 6895 IH: Buzz Off Act
U.S. House of Representatives
2020-05-15
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.

I116th CONGRESS2d SessionH. R. 6895IN THE HOUSE OF REPRESENTATIVESMay 15, 2020Mr. Biggs introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo prevent agencies from using unmanned aerial vehicles to conduct surveillance of United States citizens, and for other purposes.1.Short titleThis Act may be cited as the Buzz Off Act. 2.Prohibiting use of unmanned aerial vehicles(a)SurveillanceA Federal law enforcement agency may not use an unmanned aerial vehicle to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record a specifically targeted United States citizen or the specifically targeted private property of a United States citizen.(b)ExceptionNotwithstanding subsection (a), a Federal law enforcement agency may use an unmanned aerial vehicle to photograph, or otherwise record a United States citizen for the purposes of publishing or otherwise publicly disseminating such photograph or recording if the agency obtains the written consent of such United States citizen.(c)ApplicabilitySubsection (a) shall not apply in the case that—(1)the President, acting through the Secretary of Homeland Security, authorizes use of an unmanned aerial vehicle to conduct surveillance if the Secretary certifies in writing under oath that the surveillance is necessary to counter a high risk of a terrorist attack by a specific individual or organization; or(2)the head of a Federal law enforcement agency first obtains a search warrant signed by a judge authorizing the use of an unmanned aerial vehicle.