116 HR 8841 IH: Internal Control Disclosure Improvement Act of 2020
U.S. House of Representatives
2020-12-02
text/xml
EN
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I116th CONGRESS2d SessionH. R. 8841IN THE HOUSE OF REPRESENTATIVESDecember 2, 2020Mr. Sherman (for himself and Mr. Swalwell of California) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Securities Exchange Act of 1934 to require that certain issuers make disclosures regarding general ledger accounts reconciliation, and for other purposes.1.Short titleThis Act may be cited as the Internal Control Disclosure Improvement Act of 2020. 2.General ledger accounts reconciliationSection 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:(s)General ledger accounts reconciliation(1)In generalEach covered issuer required to file an annual or quarterly report under subsection (a) shall disclose in that report whether such covered issuer has, at the time of such report, completed a general ledger accounts reconciliation for the most recent fiscal quarter and most recent fiscal year, respectively. (2)Covered issuer definedFor purposes of this subsection, the term covered issuer means an issuer with respect to which a civil or criminal penalty has been imposed under the securities laws by reason of the internal control over financial reporting of such issuer related to the failure of such issuer to reconcile general ledger accounts..


115 S2751 IS: To designate the facility of the United States Postal Service located at 6 Doyers Street in New York, New York, as the “Mabel Lee Memorial Post Office”.
U.S. Senate
2018-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 2751IN THE SENATE OF THE UNITED STATESApril 25, 2018Mrs. Gillibrand (for herself and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo designate the facility of the United States Postal Service located at 6 Doyers Street in New
			 York, New York, as the Mabel Lee Memorial Post Office.

		1.Mabel Lee Memorial Post Office
 (a)DesignationThe facility of the United States Postal Service located at 6 Doyers Street in New York, New York, shall be known and designated as the Mabel Lee Memorial Post Office.
 (b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Mabel Lee Memorial Post Office.


		III
		110th CONGRESS
		2d Session
		S. RES. 603
		IN THE SENATE OF THE UNITED STATES

			June 26, 2008
			Mr. Nelson of Florida
			 (for himself, Mr. Smith,
			 Mr. Cardin, Mr.
			 Coleman, and Mr. Menendez)
			 submitted the following resolution; which was referred to the
			 Committee on Foreign
			 Relations

		RESOLUTION
		Expressing the sense of the Senate on the
		  restitution of or compensation for property seized during the Nazi and
		  Communist eras.

		Whereas many East European countries were dominated for
			 parts of the last century by Nazi or Communist regimes, without the consent of
			 their people;
		Whereas victims of Nazi persecution included individuals
			 persecuted or targeted for persecution by the Nazi or Nazi-allied governments
			 based on their religious, ethnic, or cultural identity, political beliefs,
			 sexual orientation, or disability;
		Whereas the Nazi regime and the authoritarian and
			 totalitarian regimes that emerged in Eastern Europe after World War II
			 perpetuated the wrongful and unjust confiscation of property belonging to the
			 victims of Nazi persecution, including real property, personal property, and
			 financial assets;
		Whereas communal and religious property was an early
			 target of the Nazi regime and, by expropriating churches, synagogues and other
			 community-controlled property, the Nazis denied religious communities the
			 temporal facilities that held those communities together;
		Whereas, after World War II, Communist regimes expanded
			 the systematic expropriation of communal and religious property in an effort to
			 eliminate the influence of religion;
		Whereas many insurance companies that issued policies in
			 pre-World War II Eastern Europe were nationalized or had their subsidiary
			 assets nationalized by Communist regimes;
		Whereas such nationalized companies and those with
			 nationalized subsidiaries have generally not paid the proceeds or compensation
			 due on pre-war policies, because control of those companies or their East
			 European subsidiaries had passed to the government;
		Whereas East European countries involved in these
			 nationalizations have not participated in a compensation process for
			 Holocaust-era insurance policies for victims of Nazi persecution;
		Whereas the protection of and respect for private property
			 rights is a basic principle for all democratic governments that operate
			 according to the rule of law;
		Whereas the rule of law and democratic norms require that
			 the activity of governments and their administrative agencies be exercised in
			 accordance with the laws passed by their parliaments or legislatures and such
			 laws themselves must be consistent with international human rights
			 standards;
		Whereas the Paris Declaration of the Organization for
			 Security and Cooperation in Europe (OSCE) Parliamentary Assembly in July 2001
			 noted that the process of restitution, compensation, and material reparation of
			 victims of Nazi persecution has not been pursued with the same degree of
			 comprehensiveness by all of the OSCE participating States;
		Whereas the OSCE participating States have agreed to
			 achieve or maintain full recognition and protection of all types of property,
			 including private property and the right to prompt, just, and effective
			 compensation for the private property that is taken for public use;
		Whereas the OSCE Parliamentary Assembly has called on the
			 OSCE participating States to ensure that they implement appropriate legislation
			 to secure the restitution of or compensation for property losses of victims of
			 Nazi persecution and property losses of communal organizations and institutions
			 during the Nazi era, irrespective of the current citizenship or place of
			 residence of victims or their heirs or the relevant successor to communal
			 property;
		Whereas Congress passed resolutions in the 104th and 105th
			 Congresses that emphasized the longstanding support of the United States for
			 the restitution of or compensation for property wrongly confiscated during the
			 Nazi or Communist eras;
		Whereas certain post-Communist countries in Europe have
			 taken steps toward compensating victims of Nazi persecution whose property was
			 confiscated by the Nazis or their allies or collaborators during World War II
			 or subsequently seized by Communist governments after World War II;
		Whereas, at the 1998 Washington Conference on
			 Holocaust-Era Assets, 44 countries adopted Principles on Nazi-Confiscated Art
			 to guide the restitution of looted artwork and cultural property;
		Whereas the Government of Lithuania has promised to adopt
			 an effective legal framework to provide for the restitution of or compensation
			 for wrongly confiscated communal property, but so far has not done so;
		Whereas successive governments in Poland have promised to
			 adopt an effective general property compensation law, but so far the current
			 Government of Poland has not adopted one;
		Whereas the legislation providing for the restitution of
			 or compensation for wrongly confiscated property in Europe has, in various
			 instances, not always been implemented in an effective, transparent, and timely
			 manner;
		Whereas such legislation is of the utmost importance in
			 returning or compensating property wrongfully seized by totalitarian or
			 authoritarian governments to its rightful owners;
		Whereas compensation and restitution programs can never
			 bring back to Holocaust survivors what was taken from them, or in any way make
			 up for their suffering; and
		Whereas there are Holocaust survivors, now in the twilight
			 of their lives, who are impoverished and in urgent need of assistance, lacking
			 the resources to support basic needs, including adequate shelter, food, or
			 medical care: Now, therefore, be it

		That the Senate—
			(1)appreciates the
			 efforts of those countries in Europe that have enacted legislation for the
			 restitution of or compensation for private, communal, and religious property
			 wrongly confiscated during the Nazi or Communist eras, and urges each of those
			 countries to ensure that the legislation is effectively and justly
			 implemented;
			(2)welcomes the
			 efforts of many post-Communist countries to address the complex and difficult
			 question of the status of confiscated properties, and urges those countries to
			 ensure that their restitution or compensation programs are implemented in a
			 timely, non-discriminatory manner;
			(3)urges the
			 Government of Poland and the governments of other countries in Europe that have
			 not already done so to immediately enact fair, comprehensive, and just
			 legislation so that victims of Nazi persecution (or the heirs of such persons)
			 who had their private property looted and wrongly confiscated by the Nazis
			 during World War II and in turn seized by a Communist government are able to
			 obtain either restitution of their property or, where restitution is not
			 possible, fair compensation;
			(4)urges the
			 Government of Lithuania and the governments of other countries in Europe that
			 have not already done so to immediately enact fair, comprehensive, and just
			 legislation so that communities that had communal and religious property looted
			 and wrongly confiscated by the Nazis during World War II and in turn seized by
			 a Communist government (or the relevant successors to the communal and
			 religious property or the relevant foundations) are able to obtain either
			 restitution of their property or, where restitution is not possible, fair
			 compensation;
			(5)urges the
			 countries of Europe which have not already done so to ensure that all such
			 restitution and compensation legislation is established in accordance with
			 principles of justice and provides a simple, transparent, and prompt process,
			 so that it results in a tangible benefit to those surviving victims of Nazi
			 persecution who suffered from the unjust confiscation of their property, many
			 of whom are well into their senior years;
			(6)calls on the
			 President and the Secretary of State to engage in an open dialogue with leaders
			 of those countries which have not already enacted such legislation to support
			 the adoption of legislation requiring the fair, comprehensive, and
			 nondiscriminatory restitution of or compensation for private, communal, and
			 religious property that was seized and confiscated during the Nazi and
			 Communist eras; and
			(7)welcomes a
			 country in Europe to host in 2009 a follow-up international conference a decade
			 after the Washington Conference on Holocaust-Era Assets, for governments and
			 non-governmental organizations, which would—
				(A)address the
			 issues of restitution of or compensation for real property, personal property
			 (including art and cultural property), and financial assets wrongly confiscated
			 by the Nazis and their allies or collaborators and the subsequent wrongful
			 confiscations by Communist regimes; and
				(B)review issues
			 related to the opening of archives and the work of historical commissions,
			 review progress made, and focus on the next steps required on these
			 issues.


113 S96 IS: Rigs to Reefs Habitat Protection Act
U.S. Senate
2013-01-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 96
		IN THE SENATE OF THE UNITED STATES

			January 23
			 (legislative day, January 3), 2013
			Mr. Vitter introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To authorize the use of certain offshore oil and gas
		  platforms in the Gulf of Mexico for artificial reefs, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Rigs to Reefs Habitat Protection
			 Act.
		2.DefinitionsIn this Act:
			(1)DecommissioningThe
			 term decommissioning includes the flushing, plugging, and
			 cementing of a platform.
			(2)FundThe
			 term Fund means the Reef Maintenance Fund established by section
			 3(h)(1).
			(3)NoticeThe
			 term Notice means the notice to lessees numbered 2010–G05,
			 entitled Notice to Lessees and Operators of Federal Oil and Gas Leases
			 and Pipeline Right-of-Way Holders in the Outer Continental Shelf, Gulf of
			 Mexico OCS Region, and issued September 15, 2010.
			(4)PlatformThe
			 term platform means an offshore oil and gas platform in the Gulf
			 of Mexico that, as determined by the Secretary—
				(A)is no longer
			 useful for operations, as defined in the Notice; and
				(B)has become
			 critical for marine fisheries habitat.
				(5)ProgramThe
			 term Program means the artificial reef program authorized under
			 the National Fishing Enhancement Act of 1984 (33 U.S.C. 2101 et seq.).
			(6)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			3.Use of certain
			 Offshore oil and gas platforms for artificial reefs
			(a)AssessmentAs
			 soon as practicable after the date of enactment of this Act, the Secretary
			 shall conduct an assessment of each of the platforms—
				(1)to determine
			 whether there are coral populations or other protected species in the vicinity
			 of the platform; and
				(2)to identify any
			 species in the vicinity of the platform that have recreational or commercial
			 value.
				(b)Prohibition of
			 removal
				(1)In
			 generalNotwithstanding the Notice, no platforms shall be removed
			 in accordance with the Notice until the date on which the Secretary has
			 completed assessments of each of the platforms under subsection (a).
				(2)Suspension of
			 decommissioningIf, during an assessment conducted under
			 subsection (a), the Secretary determines that there is a substantial reef
			 ecosystem in the vicinity of the platform, the decommissioning of the platform
			 under the Notice shall be placed on hold until such time as the Secretary
			 determines that decommissioning the platform would not harm the reef
			 ecosystem.
				(c)Exemption from
			 certain requirementsThe requirement in the Notice that a lessee
			 remove a platform as soon as possible, but not later than 5 years after the
			 effective date of the Notice or within 5 years of the platform, meeting the
			 definition of no longer useful for operations, whichever is later, shall not
			 apply to a lessee that—
				(1)commits to
			 entering the platform in the Program; and
				(2)demonstrates the
			 commitment described in paragraph (1) by initiating discussions with applicable
			 States regarding potential sites for the artificial reef.
				(d)Reefing in placeA lessee may, as appropriate, provide for
			 reefing in place under the Program.
			(e)State
			 programs
				(1)In
			 generalA State that has a State rig-to-reef program may enter
			 into an agreement with any appropriate entities to assume liability in Federal
			 water for a structure covered by the State program.
				(2)MaintenanceNotwithstanding
			 an agreement entered into under paragraph (1), the operator of the covered
			 structure shall remain responsible for maintaining the covered
			 structure.
				(f)Removal of top
			 decksUnder the Program, top decks of a rig may be removed, down
			 to water surface level, if appropriate identifying markers are used to protect
			 navigation.
			(g)Maintenance and
			 financial requirementsAs a condition of inclusion in the
			 Program, the owner of a rig enrolled in the Program shall be required
			 to—
				(1)maintain an anode
			 system for the rig; and
				(2)pay into the Fund
			 an amount equal to 50 percent of the estimated costs associated with the
			 removal of the platform that the owner would have been responsible for if the
			 owner had not participated in the Program, as determined by the
			 Secretary.
				(h)Reef
			 maintenance fund
				(1)EstablishmentThere
			 is established in the Treasury of the United States a fund to be known as the
			 Reef Maintenance Fund, to be administered by the Secretary, to be
			 available without fiscal year limitation and not subject to appropriation, for
			 the maintenance of artificial reefs established under the Program.
				(2)Transfers to
			 FundThe Fund shall consist of such amounts deposited in the Fund
			 under subsection (g)(2).
				(3)ProhibitionAmounts
			 in the Fund may not be made available for any purpose other than a purpose
			 described in paragraph (1).
				(4)Annual
			 reports
					(A)In
			 generalNot later than 60 days after the end of each fiscal year
			 beginning with fiscal year 2013, the Secretary shall submit to the Committee on
			 Appropriations of the House of Representatives, the Committee on Appropriations
			 of the Senate, the Committee on Energy and Natural Resources of the Senate, and
			 the Committee on Natural Resources of the House of Representatives a report on
			 the operation of the Fund during the fiscal year.
					(B)ContentsEach
			 report shall include, for the fiscal year covered by the report, the
			 following:
						(i)A
			 statement of the amounts deposited into the Fund.
						(ii)A
			 description of the expenditures made from the Fund for the fiscal year,
			 including the purpose of the expenditures.
						(iii)Recommendations
			 for additional authorities to fulfill the purpose of the Fund.
						(iv)A
			 statement of the balance remaining in the Fund at the end of the fiscal
			 year.


		II
		110th CONGRESS
		1st Session
		S. 611
		IN THE SENATE OF THE UNITED
		  STATES

			February 15,
			 2007
			Mrs. Murray introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To provide for secondary school reform, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Pathways for All Students to Succeed
			 Act.
		IReading and mathematics skills for
			 success
			101.FindingsCongress makes the following
			 findings:
				(1)While the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by the No Child Left
			 Behind Act of 2001 (Public Law 107–110, 115 Stat. 1425), provides a strong
			 framework for helping children in the early grades, our Nation still needs a
			 comprehensive strategy to address the literacy problems and learning gaps of
			 students in middle school and secondary school.
				(2)Approximately 60 percent of students in the
			 poorest communities fail to graduate from secondary school on time, in large
			 part because of severe reading deficits that contribute to academic
			 failure.
				(3)Forty percent of students attending high
			 minority enrollment secondary schools enroll in remedial reading coursework
			 when entering higher education, in an effort to gain the skills their secondary
			 education failed to provide.
				(4)While 33 percent of all low-income students
			 are enrolled in secondary schools, only 15 percent of the funding targeted to
			 disadvantaged students goes to secondary schools.
				(5)Data from the 1998 National Assessment of
			 Educational Progress show that 32 percent of boys and 19 percent of girls in
			 eighth grade cannot read at a basic level. These numbers do not change
			 significantly in the secondary school years and are even more dramatic when
			 students are identified by minority status.
				(6)The 2002 National Assessment of Educational
			 Progress writing scores indicate that while the percentage of fourth and eighth
			 graders writing at or above a basic level increased between 1998 and 2002, the
			 percentage of 12th graders writing at or above a basic level decreased. These
			 numbers show that our concentrated efforts for elementary school students have
			 improved their writing skills, but by neglecting the needs of secondary school
			 students, we are squandering these gains.
				(7)The United States cannot maintain its
			 position as the world’s strongest economy if we continue to ignore the literacy
			 needs of adolescents in middle school and secondary school.
				(8)The achievement gap between White and Asian
			 students and Black and Hispanic students remains wide in the area of
			 mathematics.
				(9)The 2003 National Assessment of Educational
			 Progress shows that the achievement gap between the mathematics scores of
			 eighth grade Black and Hispanic students and White students is the same in 2003
			 as in 1990.
				(10)The 2003 National Assessment of Educational
			 Progress shows that eighth grade students eligible for a free or reduced-price
			 school lunch did not meet the basic mathematics score, unlike non-eligible
			 students.
				(11)According to the latest results from
			 international assessments, 15-year-olds from the United States performed below
			 the international average in mathematics literacy and problem-solving, placing
			 27th out of 39 countries.
				(12)Only 1/3 of the United
			 States workforce has any post-secondary education, yet 60 percent of new jobs
			 in the 21st century will require post-secondary education.
				102.PurposesThe purposes of this title are—
				(1)to provide assistance to State educational
			 agencies and local educational agencies in establishing effective
			 research-based reading, writing, and mathematics programs for students in
			 middle schools and secondary schools, including students with disabilities and
			 students with limited English proficiency;
				(2)to provide adequate resources to schools to
			 hire and to provide in-service training for not less than 1 literacy coach per
			 20 teachers who can assist middle school and secondary school teachers to
			 incorporate research-based reading and writing instruction into the teachers'
			 teaching of mathematics, science, history, civics, geography, literature,
			 language arts, and other core academic subjects;
				(3)to provide assistance to State educational
			 agencies and local educational agencies—
					(A)in strengthening reading and writing
			 instruction in middle schools and secondary schools; and
					(B)in procuring high-quality diagnostic
			 reading and writing assessments and comprehensive research-based programs and
			 instructional materials that will improve reading and writing performance among
			 students in middle school and secondary school; and
					(4)to provide adequate resources to schools to
			 hire and to provide in-service training for not less than 1 mathematics coach
			 per 20 teachers who can assist middle school and secondary school teachers to
			 utilize research-based mathematics instruction to develop students’
			 mathematical abilities and knowledge, and assist teachers in assessing student
			 learning.
				103.DefinitionsIn this title:
				(1)In generalThe terms local educational
			 agency, Secretary, and State educational
			 agency have the meaning given the terms in
			 section
			 9101 of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 7801).
				(2)Eligible local educational
			 agencyThe term
			 eligible local educational agency means a local educational agency
			 who is eligible to receive funds under part A of title I of the
			 Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6311 et seq.).
				(3)Literacy
			 coachThe term literacy
			 coach means a certified or licensed teacher with a demonstrated
			 effectiveness in teaching reading and writing to students with specialized
			 reading and writing needs, and the ability to work with classroom teachers to
			 improve the teachers' instructional techniques to support reading and writing
			 improvement, who works on site at a school—
					(A)to train teachers from across the
			 curriculum to incorporate the teaching of reading and writing skills into their
			 instruction of content;
					(B)to train teachers to assess students’
			 reading and writing skills and identify students requiring remediation;
			 and
					(C)to provide or assess remedial literacy
			 instruction, including for—
						(i)students in after school and summer school
			 programs;
						(ii)students requiring additional
			 instruction;
						(iii)students with disabilities; and
						(iv)students with limited English
			 proficiency.
						(4)Mathematics coachThe term mathematics coach
			 means a certified or licensed teacher, with a demonstrated effectiveness in
			 teaching mathematics to students with specialized needs in mathematics, a
			 command of mathematical content knowledge, and the ability to work with
			 classroom teachers to improve the teachers' instructional techniques to support
			 mathematics improvement, who works on site at a school—
					(A)to train teachers to better assess student
			 learning in mathematics;
					(B)to train teachers to assess students'
			 mathematics skills and identify students requiring remediation; and
					(C)to provide or assess remedial mathematics
			 instruction, including for—
						(i)students in after school and summer school
			 programs;
						(ii)students requiring additional
			 instruction;
						(iii)students with disabilities; and
						(iv)students with limited English
			 proficiency.
						(5)Middle schoolThe term middle school means a
			 school that provides middle school education, as determined under State
			 law.
				(6)Secondary schoolThe term secondary school
			 means a school that provides secondary education, as determined under State
			 law.
				(7)StateThe term State means each of
			 the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the
			 United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the
			 Northern Mariana Islands.
				104.Authorization of appropriations
				(a)Literacy grantsFor the purposes of carrying out subtitle
			 A, there are authorized to be appropriated $1,000,000,000 for fiscal year 2008
			 and such sums as may be necessary for each of the 5 succeeding fiscal
			 years.
				(b)Mathematics grantsFor the purposes of carrying out subtitle
			 B, there are authorized to be appropriated $1,000,000,000 for fiscal year 2008
			 and such sums as may be necessary for each of the 5 succeeding fiscal
			 years.
				ALiteracy skills programs
				111.Literacy skills programs
					(a)Grants authorized
						(1)In generalFrom funds appropriated under section
			 104(a) for a fiscal year, the Secretary shall establish a program, in
			 accordance with the requirements of this subtitle, that will provide grants to
			 State educational agencies, and grants or subgrants to eligible local
			 educational agencies, to establish reading and writing programs to improve the
			 overall reading and writing performance of students in middle school and
			 secondary school.
						(2)Length of grantA grant to a State educational agency under
			 this subtitle shall be awarded for a period of 6 years.
						(b)Reservation of funds by the
			 SecretaryFrom amounts
			 appropriated under section 104(a) for a fiscal year, the Secretary shall
			 reserve—
						(1)3 percent of such amounts to fund national
			 activities in support of the programs assisted under this subtitle, such as
			 research and dissemination of best practices, except that the Secretary may not
			 use the reserved funds to award grants directly to local educational agencies;
			 and
						(2)2 percent of such amounts for the Bureau of
			 Indian Affairs to carry out the services and activities described in section
			 112(c) for Indian children.
						(c)Grant formulas
						(1)Formula grants to State educational
			 agenciesIf the amounts
			 appropriated under section 104(a) for a fiscal year are equal to or greater
			 than $500,000,000, then the Secretary shall award grants, from allotments under
			 paragraph (3), to State educational agencies to enable the State educational
			 agencies to provide subgrants to eligible local educational agencies to
			 establish reading and writing programs to improve overall reading and writing
			 performance among students in middle school and secondary school.
						(2)Direct grants to eligible local educational
			 agencies
							(A)In generalIf the amounts appropriated under section
			 104(a) for a fiscal year are less than $500,000,000, then the Secretary shall
			 award grants, on a competitive basis, directly to eligible local educational
			 agencies to establish reading and writing programs to improve overall reading
			 and writing performance among students in middle school and secondary
			 school.
							(B)PriorityThe Secretary shall give priority in
			 awarding grants under this paragraph to eligible local educational agencies
			 that—
								(i)are among the local educational agencies in
			 the State with the lowest graduation rates, as described in
			 section
			 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6311(b)(2)(C)(vi)); and
								(ii)have the highest number or percentage of
			 students who are counted under
			 section
			 1124(c) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
								(3)Allotments to States
							(A)In generalFrom funds appropriated under section
			 104(a) and not reserved under subsection (b) for a fiscal year, the Secretary
			 shall make an allotment to each State educational agency having an application
			 approved under subsection (d) in an amount that bears the same relation to the
			 funds as the amount the State received under part A of title I of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311 et seq.) bears to the amount received under
			 such part by all States.
							(B)Minimum allotmentNotwithstanding subparagraph (A), no State
			 educational agency shall receive an allotment under this paragraph for a fiscal
			 year in an amount that is less than 0.25 percent of the funds allotted to all
			 State educational agencies under subparagraph (A) for the fiscal year.
							(4)ReallotmentIf a State educational agency does not
			 apply for a grant under this subtitle, the Secretary shall reallot the State
			 educational agency’s allotment to the remaining States.
						(d)Applications
						(1)In generalIn order to receive a grant under this
			 subtitle, a State educational agency shall submit an application to the
			 Secretary at such time, in such manner, and accompanied by such information as
			 the Secretary may require. Each such application shall meet the following
			 conditions:
							(A)A State educational agency shall not
			 include the application for assistance under this subtitle in a consolidated
			 application submitted under
			 section
			 9302 of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 7842).
							(B)The State educational agency’s application
			 shall include an assurance that—
								(i)the State educational agency has
			 established a reading and writing partnership that—
									(I)coordinated the development of the
			 application for a grant under this subtitle; and
									(II)will assist in designing and administering
			 the State educational agency’s program under this subtitle; and
									(ii)the State educational agency will
			 participate, if requested, in any evaluation of the State educational agency's
			 program under this subtitle.
								(C)The State educational agency’s application
			 shall include a program plan that contains a description of the
			 following:
								(i)How the State educational agency will
			 assist eligible local educational agencies in implementing subgrants, including
			 providing ongoing professional development for literacy coaches, teachers,
			 paraprofessionals, and administrators.
								(ii)How the State educational agency will help
			 eligible local educational agencies identify high-quality screening,
			 diagnostic, and classroom-based instructional reading and writing
			 assessments.
								(iii)How the State educational agency will help
			 eligible local educational agencies identify high-quality research-based
			 materials and programs.
								(iv)How the State educational agency will help
			 eligible local educational agencies identify appropriate and effective
			 materials, programs, and assessments for students with disabilities and
			 students with limited English proficiency.
								(v)How the State educational agency will
			 ensure that professional development funded under this subtitle—
									(I)is based on reading and writing
			 research;
									(II)will effectively improve instructional
			 practices for reading and writing for middle school and secondary school
			 students; and
									(III)is coordinated with professional
			 development activities funded through other programs (including federally
			 funded programs such as programs funded under the Adult Education and Family
			 Literacy Act (20 U.S.C. 9201 et seq.), the Individuals with Disabilities
			 Education Act (20 U.S.C. 1400 et seq.), and the Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6301 et seq.)).
									(vi)How funded activities will help teachers
			 and other instructional staff to implement research-based components of reading
			 and writing instruction.
								(vii)The subgrant process the State educational
			 agency will use to ensure that eligible local educational agencies receiving
			 subgrants implement programs and practices based on reading and writing
			 research.
								(viii)How the State educational agency will build
			 on and promote coordination among reading and writing programs in the State to
			 increase overall effectiveness in improving reading and writing instruction,
			 including for students with disabilities and students with limited English
			 proficiency.
								(ix)How the State educational agency will
			 regularly assess and evaluate the effectiveness of the eligible local
			 educational agency activities funded under this subtitle.
								(2)Review of applicationsThe Secretary shall review applications
			 from State educational agencies under this subsection as the applications are
			 received.
						(e)State use of fundsEach State educational agency receiving a
			 grant under this subtitle shall—
						(1)establish a reading and writing
			 partnership, which may be the same as the partnership established under
			 section
			 1203(d) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6363(d)), that will
			 provide guidance to eligible local educational agencies in selecting or
			 developing and implementing appropriate, research-based reading and writing
			 programs for middle school and secondary school students;
						(2)use 80 percent of the grant funds received
			 under this subtitle for a fiscal year to award subgrants to eligible local
			 educational agencies having applications approved under section 112(a);
			 and
						(3)use 20 percent of the grant funds received
			 under this subtitle—
							(A)to carry out State-level activities
			 described in the application submitted under subsection (d);
							(B)to provide—
								(i)technical assistance to eligible local
			 educational agencies; and
								(ii)high-quality professional development to
			 teachers and literacy coaches;
								(C)to oversee and evaluate subgrant services
			 and activities undertaken by the eligible local educational agencies as
			 described in section 112(c); and
							(D)for administrative costs,
							of which not more than 10 percent of
			 the grant funds may be used for planning, administration, and reporting.(f)Notice to eligible local educational
			 agenciesEach State
			 educational agency receiving a grant under this subtitle shall provide notice
			 to all eligible local educational agencies in the State about the availability
			 of subgrants under this subtitle.
					(g)Supplement not supplantEach State educational agency receiving a
			 grant under this subtitle shall use the grant funds to supplement, not
			 supplant, State funding for activities authorized under this subtitle or for
			 other educational activities.
					(h)New services and activitiesGrant funds provided under this subtitle
			 may be used only to provide services and activities authorized under this
			 subtitle that were not provided on the day before the date of enactment of this
			 Act.
					112.Subgrants to eligible local educational
			 agencies
					(a)Application
						(1)In generalEach eligible local educational agency
			 desiring a subgrant under this subtitle shall submit an application to the
			 State educational agency in the form and according to the schedule established
			 by the State educational agency.
						(2)ContentsIn addition to any information required by
			 the State educational agency, each application under paragraph (1) shall
			 demonstrate how the eligible local educational agency will carry out the
			 following required activities:
							(A)Development or selection and implementation
			 of research-based reading and writing assessments.
							(B)Development or selection and implementation
			 of research-based reading and writing programs, including programs for students
			 with disabilities and students with limited English proficiency.
							(C)Selection of instructional materials based
			 on reading and writing research.
							(D)High-quality professional development for
			 literacy coaches and teachers based on reading and writing research.
							(E)Evaluation strategies.
							(F)Reporting.
							(G)Providing access to research-based reading
			 and writing materials.
							(3)ConsortiaAn eligible local educational agency may
			 apply to the State educational agency for a subgrant as a member of a
			 consortium, if each member of the consortium is an eligible local educational
			 agency.
						(b)Award basis
						(1)Minimum subgrant amountEach eligible local educational agency
			 receiving a subgrant under this subtitle for a fiscal year shall receive a
			 minimum subgrant amount that bears the same relation to the amount of funds
			 made available to the State educational agency under section 111(e)(2) as the
			 amount the eligible local educational agency received under part A of title I
			 of the Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to
			 the amount received by all eligible local educational agencies in the State
			 under such part for the preceding fiscal year.
						(2)Sufficient size and scopeSubgrants under this section shall be of
			 sufficient size and scope to enable eligible local educational agencies to
			 fully implement activities assisted under this subtitle.
						(c)Local use of fundsEach eligible local educational agency
			 receiving a subgrant under this subtitle shall use the subgrant funds to carry
			 out, at the middle school and secondary school level, the following services
			 and activities:
						(1)Hiring literacy coaches, at a ratio of not
			 less than 1 literacy coach for every 20 teachers, and providing professional
			 development for literacy coaches—
							(A)to work with classroom teachers to
			 incorporate reading and writing instruction within all subject areas, during
			 regular classroom periods, after school, and during summer school programs, for
			 all students;
							(B)to work with classroom teachers to identify
			 students with reading and writing problems and, where appropriate, refer
			 students to available programs for remediation and additional services;
							(C)to work with classroom teachers to diagnose
			 and remediate reading and writing difficulties of the lowest-performing
			 students, by providing intensive, research-based instruction, including during
			 after school and summer sessions, geared toward ensuring that the students can
			 access and be successful in rigorous academic coursework; and
							(D)to assess and organize student data on
			 literacy and communicate that data to school administrators to inform school
			 reform efforts.
							(2)Reviewing, analyzing, developing, and,
			 where possible, adapting curricula to make sure literacy skills are taught
			 within the content area subjects.
						(3)Providing reading and writing professional
			 development for all teachers in middle school and secondary school that
			 addresses both remedial and higher level literacy skills for students in the
			 applicable curriculum.
						(4)Providing professional development for
			 teachers, administrators, and paraprofessionals serving middle schools and
			 secondary schools to help the teachers, administrators, and paraprofessionals
			 meet literacy needs.
						(5)Procuring and implementing programs and
			 instructional materials based on reading and writing research, including
			 software and other education technology related to reading and writing
			 instruction.
						(6)Building on and promoting coordination
			 among reading and writing programs in the eligible local educational agency to
			 increase overall effectiveness in improving reading and writing instruction,
			 including for students with disabilities and students with limited English
			 proficiency.
						(7)Evaluating the effectiveness of the
			 instructional strategies, teacher professional development programs, and other
			 interventions that are implemented under the subgrant.
						(d)Supplement not supplantEach eligible local educational agency
			 receiving a subgrant under this subtitle shall use the subgrant funds to
			 supplement, not supplant, the eligible local educational agency funding for
			 activities authorized under this subtitle or for other educational
			 activities.
					(e)New services and activitiesSubgrant funds provided under this subtitle
			 may be used only to provide services and activities authorized under this
			 subtitle that were not provided on the day before the date of enactment of this
			 Act.
					(f)EvaluationsEach eligible local educational agency
			 receiving a grant under this subtitle shall participate, as requested by the
			 State educational agency or the Secretary, in reviews and evaluations of the
			 programs of the eligible local educational agency and the effectiveness of such
			 programs, and shall provide such reports as are requested by the State
			 educational agency and the Secretary.
					BMathematics skills programs
				121.Mathematics skills programs
					(a)Grants authorized
						(1)In generalFrom funds appropriated under section
			 104(b) for a fiscal year, the Secretary shall establish a program, in
			 accordance with the requirements of this subtitle, that will provide grants to
			 State educational agencies, and grants and subgrants to eligible local
			 educational agencies, to establish mathematics programs to improve the overall
			 mathematics performance of students in middle school and secondary
			 school.
						(2)Length of grantA grant to a State educational agency under
			 this subtitle shall be awarded for a period of 6 years.
						(b)Reservation of funds by the
			 SecretaryFrom amounts
			 appropriated under section 104(b) for a fiscal year, the Secretary shall
			 reserve—
						(1)3 percent of such amounts to fund national
			 activities in support of the programs assisted under this subtitle, such as
			 research and dissemination of best practices, except that the Secretary may not
			 use the reserved funds to award grants directly to local educational agencies;
			 and
						(2)2 percent of such amounts for the Bureau of
			 Indian Affairs to carry out the services and activities described in section
			 122(c) for Indian children.
						(c)Grant formulas
						(1)Formula grants to State educational
			 agenciesIf the amounts
			 appropriated under section 104(b) for a fiscal year are equal to or greater
			 than $500,000,000, then the Secretary shall award grants, from allotments under
			 paragraph (3), to State educational agencies to enable the State educational
			 agencies to provide subgrants to eligible local educational agencies to
			 establish mathematics programs to improve overall mathematics performance among
			 students in middle school and secondary school.
						(2)Direct grants to eligible local educational
			 agencies
							(A)In generalIf the amounts appropriated under section
			 104(b) for a fiscal year are less than $500,000,000, then the Secretary shall
			 award grants, on a competitive basis, directly to eligible local educational
			 agencies to establish mathematics programs to improve overall mathematics
			 performance among students in middle school and secondary school.
							(B)PriorityThe Secretary shall give priority in
			 awarding grants under this paragraph to eligible local educational agencies
			 that—
								(i)are among the local educational agencies in
			 the State with the lowest graduation rates, as described in
			 section
			 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6311(b)(2)(C)(vi)); and
								(ii)have the highest number or percentage of
			 students who are counted under
			 section
			 1124(c) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
								(3)Allotments to States
							(A)In generalFrom funds appropriated under section
			 104(b) and not reserved under subsection (b) for a fiscal year, the Secretary
			 shall make an allotment to each State educational agency having an application
			 approved under subsection (d) in an amount that bears the same relation to the
			 funds as the amount the State received under part A of title I of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311 et seq.) bears to the amount received under
			 such part by all States.
							(B)Minimum allotmentNotwithstanding subparagraph (A), no State
			 educational agency shall receive an allotment under this paragraph for a fiscal
			 year in an amount that is less than 0.25 percent of the funds allotted to all
			 State educational agencies under subparagraph (A) for the fiscal year.
							(4)ReallotmentIf a State educational agency does not
			 apply for a grant under this subtitle, the Secretary shall reallot the State
			 educational agency’s allotment to the remaining States.
						(d)Applications
						(1)In generalIn order to receive a grant under this
			 subtitle, a State educational agency shall submit an application to the
			 Secretary at such time, in such manner, and accompanied by such information as
			 the Secretary may require. Each such application shall meet the following
			 conditions:
							(A)A State educational agency shall not
			 include the application for assistance under this subtitle in a consolidated
			 application submitted under
			 section
			 9302 of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 7842).
							(B)The State educational agency’s application
			 shall include an assurance that—
								(i)the State educational agency has
			 established a mathematics partnership that—
									(I)coordinated the development of the
			 application for a grant under this subtitle; and
									(II)will assist in designing and administering
			 the State educational agency’s program under this subtitle; and
									(ii)the State educational agency will
			 participate, if requested, in any evaluation of the State educational agency's
			 program under this subtitle.
								(C)The State educational agency’s application
			 shall include a program plan that contains a description of the
			 following:
								(i)How the State educational agency will
			 assist eligible local educational agencies in implementing subgrants, including
			 providing ongoing professional development for mathematics coaches, teachers,
			 paraprofessionals, and administrators.
								(ii)How the State educational agency will help
			 eligible local educational agencies identify high-quality screening,
			 diagnostic, and classroom-based instructional mathematics assessments.
								(iii)How the State educational agency will help
			 eligible local educational agencies identify high-quality research-based
			 mathematics materials and programs.
								(iv)How the State educational agency will help
			 eligible local educational agencies identify appropriate and effective
			 materials, programs, and assessments for students with disabilities and
			 students with limited English proficiency.
								(v)How the State educational agency will
			 ensure that professional development funded under this subtitle—
									(I)is based on mathematics research;
									(II)will effectively improve instructional
			 practices for mathematics for middle school and secondary school students;
			 and
									(III)is coordinated with professional
			 development activities funded through other programs.
									(vi)How funded activities will help teachers
			 and other instructional staff to implement research-based components of
			 mathematics instruction.
								(vii)The subgrant process the State educational
			 agency will use to ensure that eligible local educational agencies receiving
			 subgrants implement programs and practices based on mathematics
			 research.
								(viii)How the State educational agency will build
			 on and promote coordination among mathematics programs in the State to increase
			 overall effectiveness in improving mathematics instruction, including for
			 students with disabilities and students with limited English
			 proficiency.
								(ix)How the State educational agency will
			 regularly assess and evaluate the effectiveness of the eligible local
			 educational agency activities funded under this subtitle.
								(2)Review of applicationsThe Secretary shall review applications
			 from State educational agencies under this subsection as the applications are
			 received.
						(e)State use of fundsEach State educational agency receiving a
			 grant under this subtitle shall—
						(1)establish a mathematics partnership that
			 will provide guidance to eligible local educational agencies in selecting or
			 developing and implementing appropriate, research-based mathematics programs
			 for middle school and secondary school students;
						(2)use 80 percent of the grant funds received
			 under this subtitle for a fiscal year to approve high-quality applications for
			 subgrants to eligible local educational agencies having applications approved
			 under section 122(a); and
						(3)use 20 percent of the grant funds received
			 under this subtitle—
							(A)to carry out State-level activities
			 described in the application submitted under subsection (d);
							(B)to provide—
								(i)technical assistance to eligible local
			 educational agencies; and
								(ii)high-quality professional development to
			 teachers and mathematics coaches;
								(C)to oversee and evaluate subgrant services
			 and activities undertaken by the eligible local educational agencies as
			 described in section 122(c); and
							(D)for administrative costs,
							of which not more than 10 percent of
			 the grant funds may be used for planning, administration, and reporting.(f)Notice to eligible local educational
			 agenciesEach State
			 educational agency receiving a grant under this subtitle shall provide notice
			 to all eligible local educational agencies in the State about the availability
			 of subgrants under this subtitle.
					(g)Supplement not supplantEach State educational agency receiving a
			 grant under this subtitle shall use the grant funds to supplement, not
			 supplant, State funding for activities authorized under this subtitle or for
			 other educational activities.
					(h)New services and activitiesGrant funds provided under this subtitle
			 may be used only to provide services and activities authorized under this
			 subtitle that were not provided on the day before the date of enactment of this
			 Act.
					122.Subgrants to eligible local educational
			 agencies
					(a)Application
						(1)In generalEach eligible local educational agency
			 desiring a subgrant under this subtitle shall submit an application to the
			 State educational agency in the form and according to the schedule established
			 by the State educational agency.
						(2)ContentsIn addition to any information required by
			 the State educational agency, each application under paragraph (1) shall
			 demonstrate how the eligible local educational agency will carry out the
			 following required activities:
							(A)Development or selection and implementation
			 of research-based mathematics assessments.
							(B)Development or selection and implementation
			 of research-based mathematics programs, including programs for students with
			 disabilities and students with limited English proficiency.
							(C)Selection of instructional materials based
			 on mathematics research.
							(D)High-quality professional development for
			 mathematics coaches and teachers based on mathematics research.
							(E)Evaluation strategies.
							(F)Reporting.
							(G)Providing access to research-based
			 mathematics materials.
							(3)ConsortiaAn eligible local educational agency may
			 apply to the State educational agency for a subgrant as a member of a
			 consortium if each member of the consortium is an eligible local educational
			 agency.
						(b)Award basis
						(1)Minimum subgrant amountEach eligible local educational agency
			 receiving a subgrant under this subtitle for a fiscal year shall receive a
			 minimum subgrant amount that bears the same relation to the amount of funds
			 made available to the State educational agency under section 121(e)(2) as the
			 amount the eligible local educational agency received under part A of title I
			 of the Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to
			 the amount received by all eligible local educational agencies under such part
			 for the preceding fiscal year.
						(2)Sufficient size and scopeSubgrants under this section shall be of
			 sufficient size and scope to enable eligible local educational agencies to
			 fully implement activities assisted under this subtitle.
						(c)Local use of fundsEach eligible local educational agency
			 receiving a subgrant under this subtitle shall use the subgrant funds to carry
			 out, at the middle school and secondary school level, the following services
			 and activities:
						(1)Hiring mathematics coaches, at a ratio of
			 not less than 1 mathematics coach for every 20 teachers, and providing
			 professional development for mathematics coaches—
							(A)to work with classroom teachers to better
			 assess student learning in mathematics;
							(B)to work with classroom teachers to identify
			 students with mathematics problems and, where appropriate, refer students to
			 available programs for remediation and additional services;
							(C)to work with classroom teachers to diagnose
			 and remediate mathematics difficulties of the lowest-performing students, by
			 providing intensive, research-based instruction, including during after school
			 and summer sessions, geared toward ensuring that those students can access and
			 be successful in rigorous academic coursework; and
							(D)to assess and organize student data on
			 mathematics and communicate that data to school administrators to inform school
			 reform efforts.
							(2)Reviewing, analyzing, developing, and,
			 where possible, adapting curricula to make sure mathematics skills are taught
			 within the content area subjects.
						(3)Providing mathematics professional
			 development for all teachers in middle school and secondary school that
			 addresses both remedial and higher level mathematics skills for students in the
			 applicable curriculum.
						(4)Providing professional development for
			 teachers, administrators, and paraprofessionals serving middle schools and
			 secondary schools to help the teachers, administrators, and paraprofessionals
			 meet mathematics needs.
						(5)Procuring and implementing programs and
			 instructional materials based on mathematics research, including software and
			 other education technology related to mathematics instruction.
						(6)Building on and promoting coordination
			 among mathematics programs in the eligible local educational agency to increase
			 overall effectiveness in improving mathematics instruction, including for
			 students with disabilities and students with limited English
			 proficiency.
						(7)Evaluating the effectiveness of the
			 instructional strategies, teacher professional development programs, and other
			 interventions that are implemented under the subgrant.
						(d)Supplement not supplantEach eligible local educational agency
			 receiving a subgrant under this subtitle shall use the subgrant funds to
			 supplement, not supplant, the eligible local educational agency funding for
			 activities authorized under this subtitle or for other educational
			 activities.
					(e)New services and activitiesSubgrant funds provided under this subtitle
			 may be used only to provide services and activities authorized under this
			 subtitle that were not provided on the day before the date of enactment of this
			 Act.
					(f)EvaluationsEach eligible local educational agency
			 receiving a grant under this subtitle shall participate, as requested by the
			 State educational agency or the Secretary, in reviews and evaluations of the
			 programs of the eligible local educational agency and the effectiveness of such
			 programs, and shall provide such reports as are requested by the State
			 educational agency and the Secretary.
					IIPathways to success
			201.FindingsCongress makes the following
			 findings:
				(1)In 2003, approximately 60 percent of
			 students in the poorest communities failed to graduate from secondary school on
			 time.
				(2)All ninth grade students should have a plan
			 that assesses the student’s instructional needs and outlines the coursework the
			 student must complete to graduate on time, properly prepared for college and
			 career.
				(3)Research shows that 1 of the most important
			 factors behind student success in secondary school is a close connection with
			 at least 1 adult who demonstrates concern for the student’s advancement.
				(4)Secondary school counselors can help
			 students receive the instructional, tutorial, and social supports that
			 contribute to academic success.
				(5)Model programs around the Nation have
			 demonstrated that effective academic and support plans for students, developed
			 by counselors serving as academic coaches, in cooperation with students and
			 parents, result in a higher percentage of students graduating from secondary
			 school well prepared for college study.
				202.DefinitionsIn this title:
				(1)In generalThe terms local educational
			 agency, poverty line, secondary school,
			 Secretary, and State educational agency have the
			 meaning given the terms in
			 section
			 9101 of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 7801).
				(2)Academic counselorThe term academic counselor
			 means a highly qualified professional who has received professional development
			 appropriate to perform the services described in section 205(c).
				(3)Eligible local educational
			 agencyThe term
			 eligible local educational agency means a local educational agency
			 who has jurisdiction over not less than 1 secondary school receiving assistance
			 under part A of title I of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
				(4)StateThe term State means each of
			 the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the
			 United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the
			 Northern Mariana Islands.
				203.Program authorizedThe Secretary is authorized to establish a
			 program, in accordance with the requirements of this title, that—
				(1)enables a secondary school that receives
			 assistance under title I of the Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6301 et seq.), to hire a sufficient number of academic counselors,
			 in a ratio of not less than 1 counselor to 150 students, to develop personal
			 plans for each student at the school, including students with limited English
			 proficiency;
				(2)involves parents in the development and
			 implementation of the personal plans; and
				(3)provides academic counselors and staff at
			 the schools receiving grants under this title the opportunity to coordinate
			 with other programs and services, including those supported by Federal funds,
			 to ensure that students have access to the resources and services necessary to
			 fulfill the students’ personal plans.
				204.Grants to States
				(a)Grants authorizedFrom amounts made available under section
			 206 and not reserved under subsection (i), the Secretary shall award grants,
			 from allotments under subsection (b), to State educational agencies to enable
			 the State educational agencies to provide subgrants to eligible local
			 educational agencies to implement programs in secondary schools in accordance
			 with this title.
				(b)Allotments to States
					(1)In generalFrom funds appropriated under section 206
			 and not reserved under subsection (i) for a fiscal year, the Secretary shall
			 make an allotment to each State educational agency having an application
			 approved under subsection (d) in an amount that bears the same relation to the
			 funds as the amount the State received under part A of title I of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311 et seq.) bears to the amount received under
			 such part by all States.
					(2)Minimum allotmentNotwithstanding paragraph (1), no State
			 educational agency shall receive an allotment under this subsection for a
			 fiscal year in an amount that is less than 0.25 percent of the funds allotted
			 to all State educational agencies under paragraph (1) for the fiscal
			 year.
					(3)Ratable reductionsIf the amount appropriated to carry out
			 this title for any fiscal year is less than $2,000,000,000, then the Secretary
			 shall ratably reduce the allotment made to each State educational agency under
			 this subsection in proportion to the relative number of children who are
			 counted under section 1124(c) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6333(c)), in the State compared to such number for
			 all States.
					(c)Length of grantsA grant to a State educational agency under
			 this title shall be awarded for a period of 6 years.
				(d)ApplicationsIn order to receive a grant under this
			 title, a State educational agency shall submit an application to the Secretary
			 in the form and according to the schedule established by the Secretary by
			 regulation.
				(e)State use of fundsEach State educational agency receiving a
			 grant under this title shall use—
					(1)80 percent of the grant funds to award
			 subgrants to eligible local educational agencies under section 205; and
					(2)20 percent of the grant funds to provide
			 professional development to academic counselors and technical assistance to
			 local educational agencies, and to pay for administrative costs, of which not
			 more than 10 percent of such 20 percent may be used for planning,
			 administration, and reporting.
					(f)Supplement not supplantGrant funds provided to State educational
			 agencies under this title shall be used to supplement, not supplant, funding
			 provided by the State for activities authorized under this title or for other
			 educational activities.
				(g)New services and activitiesGrant funds provided under this title may
			 be used only to provide services and activities authorized under this title
			 that were not provided on the day before the date of enactment of this
			 Act.
				(h)ReallotmentIf a State educational agency does not
			 apply for funding under this title, the Secretary shall reallot the State
			 educational agency’s allotment to the remaining eligible State educational
			 agencies.
				(i)ReservationsOf the funds appropriated under section 206
			 for each fiscal year, the Secretary shall reserve—
					(1)2 percent for the Bureau of Indian Affairs
			 to carry out the authorized activities described in section 205(c); and
					(2)3 percent for national activities that
			 support the programs assisted under this title, except that the Secretary shall
			 not use such reserved funds to award grants directly to local educational
			 agencies.
					205.Subgrants to eligible local educational
			 agencies
				(a)Subgrants authorizedFrom amounts made available under section
			 204(e)(1), a State educational agency shall award subgrants to eligible local
			 educational agencies having applications approved under subsection (b) to
			 enable the eligible local educational agencies to carry out the authorized
			 activities described in subsection (c).
				(b)Applications
					(1)In generalEach eligible local educational agency
			 desiring a subgrant under this title shall submit an application to the State
			 educational agency in the form and according to the schedule established by the
			 State educational agency. Each such application shall describe how the eligible
			 local educational agency will—
						(A)hire a sufficient number of highly
			 qualified academic counselors to develop personal plans for all students in
			 such students’ first year of secondary school, with a ratio of 1 academic
			 counselor to not more than 150 students in each secondary school served under
			 the subgrant;
						(B)provide adequate resources to each such
			 school to offer the supplemental and other support services that the
			 implementation of students’ personal plans require, and provide such
			 supplemental services, where possible, through coordination with Federal TRIO
			 programs under chapter 1 of subpart 2 of part A of title IV of the
			 Higher Education Act of 1965 (20 U.S.C.
			 1070a–11 et seq.), Gear Up programs under chapter 2 of such subpart
			 (20 U.S.C. 1070a–21 et seq.), programs under title I of the
			 Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6301 et seq.), 21st Century Community Learning Centers
			 under part B of title IV of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.), programs
			 under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)
			 (in accordance with students’ individualized education programs), and programs
			 under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.
			 2301 et seq.);
						(C)include parents in the development and
			 implementation of students’ personal plans; and
						(D)provide staff at each such school with
			 opportunities for appropriate professional development and coordination to help
			 the staff support students in implementing the students’ personal plans.
						(2)ConsortiaAn eligible local educational agency may
			 apply to the State educational agency for a subgrant as a consortium, if each
			 member of the consortium is an eligible local educational agency.
					(c)Authorized activitiesEach eligible local educational agency
			 receiving a subgrant under this title shall use the subgrant funds to provide
			 the following services:
					(1)Hiring academic counselors (at a ratio of
			 not less than 1 counselor per 150 students) to develop the 6-year personal
			 plans for all students in such students’ first year of secondary school and
			 coordinate the services required to implement such personal plans. Such
			 academic counselors shall—
						(A)work with students and their families to
			 develop an individual plan that will define such students’ career and education
			 goals, assure enrollment in the coursework necessary for on-time graduation and
			 preparation for career development or postsecondary education, and identify the
			 courses and supplemental services necessary to meet those goals;
						(B)advocate for students, helping the students
			 to access the services and supports necessary to achieve the goals laid out in
			 the personal plan for the student;
						(C)assure student access to services, both
			 academic and nonacademic, needed to lower barriers to succeed as needed;
						(D)assess student progress on a regular
			 basis;
						(E)work with school and eligible local
			 educational agency administrators to promote reforms based on student needs and
			 performance data;
						(F)involve parents or caregivers, including
			 those parents or caregivers who are limited English proficient, and teachers,
			 in the development of students’ personal plans to ensure the support and
			 assistance of the parents, caregivers, and teachers in meeting the goals
			 outlined in such personal plans; and
						(G)communicate to students and their families
			 the importance of implementing the 2 years of the personal plan following
			 secondary school graduation, and work with institutions of higher education to
			 help students transition successfully and fully implement the students’
			 personal plans.
						(2)Determining the academic needs of all
			 students entering grade 9 and identifying barriers to success.
					(3)Ensuring availability of the services
			 necessary for the implementation of students’ personal plans, including access
			 to a college preparatory curriculum and advanced placement or international
			 baccalaureate courses.
					(4)Where appropriate, modifying the curriculum
			 at a secondary school receiving subgrant funds under this title to address the
			 instructional requirements of students’ personal plans.
					(5)Providing for the ongoing assessment of
			 students for whom personal plans have been developed and modifying such
			 personal plans as necessary.
					(6)Coordinating the services offered with
			 subgrant funds received under this title with other Federal, State, and local
			 funds, including programs authorized under title I of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6301 et seq.), sections 402A and 404A of the
			 Higher Education Act of 1965 (20
			 U.S.C. 1070a–11 and 1070a–21), the Individuals with Disabilities Education Act
			 (20 U.S.C. 1400 et seq.) (in accordance with students’ individualized education
			 programs), and the Carl D. Perkins Career and Technical Education Act of 2006
			 (20 U.S.C. 2301 et seq.).
					(d)Eligible local educational agency
			 priorityIn awarding
			 subgrants to eligible local educational agencies, a State educational agency
			 shall give priority to eligible local educational agencies with—
					(1)the largest number or percentage of
			 students in grades 6 through 12 reading below grade level; or
					(2)the lowest graduation rates as described in
			 section
			 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 6311(b)(2)(C)(vi)).
					(e)School priorityIn awarding subgrant funds to secondary
			 schools, an eligible local educational agency shall give priority to secondary
			 schools that—
					(1)have the highest percentages or numbers of
			 students in grades 6 through 12 reading below grade level;
					(2)have the highest percentages or numbers of
			 children living below the poverty line according to census figures; or
					(3)have the lowest graduation rates as
			 described in
			 section
			 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 6311(b)(2)(C)(vi)).
					(f)Minimum subgrant amountEach eligible local educational agency
			 receiving a subgrant under this title for a fiscal year shall receive a minimum
			 subgrant amount that bears the same relation to the amount of funds made
			 available to the State educational agency under section 204(e)(1) as the amount
			 the eligible local educational agency received under part A of title I of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to
			 the amount received by all eligible local educational agencies in the State
			 under such part for the preceding fiscal year.
				(g)Sufficient size and scopeSubgrants under this section shall be of
			 sufficient size and scope to enable eligible local educational agencies to
			 fully implement activities assisted under this title.
				(h)Supplement not supplantEach eligible local educational agency
			 receiving a subgrant under this section shall use the subgrant funds to
			 supplement, not supplant, funding for activities authorized under this title or
			 for other educational activities.
				(i)New services and activitiesSubgrant funds provided under this section
			 may be used only to provide services and activities authorized under this
			 section that were not provided on the day before the date of enactment of this
			 Act.
				206.Authorization of
			 appropriationsFor the
			 purposes of carrying out this title, there are authorized to be appropriated
			 $2,000,000,000 for fiscal year 2008 and such sums as may be necessary for each
			 of the 5 succeeding fiscal years.
			IIIFostering successful secondary
			 schools
			301.FindingsCongress makes the following
			 findings:
				(1)Personalization of the school environment
			 has been proven to be an essential factor in helping low-performing secondary
			 school students succeed.
				(2)Effective schools provide ongoing,
			 high-quality professional development for teachers and administrators to
			 improve instruction.
				(3)Student success is dependent upon alignment
			 of curriculum, instruction, and assessment.
				(4)Successful schools adapt instruction to the
			 unique interests and talents of each student.
				(5)Successful schools have high expectations
			 for all students and offer a rigorous curriculum for the entire student
			 body.
				(6)Ongoing assessment is the best way to
			 measure how each student is learning and responding to the teacher’s
			 instructional methods.
				(7)Effective secondary schools have access to,
			 and utilize, data related to student performance prior to, and following,
			 secondary school enrollment.
				(8)Despite significant increases to the
			 program, only about 7 percent of funding for title I of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6301 et seq.) goes to secondary schools.
				(9)Every year, 1,300,000 students do not
			 graduate with their peers, which means every school day, our Nation loses 7,000
			 students.
				(10)Nationally, of 100 ninth-graders, only 68
			 will graduate from high school on time, only 38 will directly enter college,
			 only 26 will still be enrolled for the sophomore year, and only 18 will end up
			 graduating from college. The numbers for minority students are even
			 lower.
				(11)Even secondary school graduates going on to
			 college are struggling with basic literacy skills, with 40 percent of all
			 4-year college students taking a remedial course and 63 percent of all
			 community college students assigned to at least 1 remedial course.
				302.PurposesIt is the purpose of this title to implement
			 research-based programs, practices, and models that will improve student
			 achievement in low performing secondary schools.
			303.DefinitionsIn this title:
				(1)In generalThe terms institution of higher
			 education, local educational agency, secondary
			 school, Secretary, and State educational
			 agency have the meanings given the terms in
			 section
			 9101 of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 7801).
				(2)Eligible local educational
			 agencyThe term
			 eligible local educational agency means a local educational agency
			 that has jurisdiction over not less than 1 eligible secondary school.
				(3)Eligible partnershipThe term eligible partnership
			 means—
					(A)an eligible local educational agency in
			 partnership with a regional educational laboratory, an institution of higher
			 education, or another nonprofit institution with significant experience in
			 implementing and evaluating education reforms; or
					(B)a consortium of eligible secondary schools
			 or eligible local educational agencies, each of which is in a
			 partnership.
					(4)Eligible secondary schoolThe term eligible secondary
			 school means a secondary school identified for school improvement under
			 section
			 1116(b) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6316(b)), as of the day
			 preceding the date of enactment of the Pathways for All Students to Succeed
			 Act.
				(5)StateThe term State means each of
			 the several States of the United States, the District of Columbia, the
			 Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
			 Samoa, and the Commonwealth of the Northern Mariana Islands.
				304.Program authorized; authorization of
			 appropriations
				(a)Program authorizedThe Secretary is authorized to award grants
			 to State educational agencies, from allotments under section 305(b), to enable
			 the State educational agencies to award subgrants to eligible local educational
			 agencies, from allocations under section 305(c)(2), to promote secondary school
			 improvement and student achievement.
				(b)Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this title $500,000,000 for fiscal
			 year 2008 and such sums as may be necessary for each of the 5 succeeding fiscal
			 years.
				305.Reservations, State allotments, and local
			 allocations
				(a)ReservationsFrom funds appropriated under section
			 304(b) for a fiscal year the Secretary shall reserve—
					(1)2 percent for schools funded or supported
			 by the Bureau of Indian Affairs to carry out the purposes of this title for
			 Indian children;
					(2)3 percent to carry out national activities
			 in support of the purposes of this title; and
					(3)95 percent for allotment to the States in
			 accordance with subsection (b).
					(b)Allotment to States
					(1)In generalFrom funds reserved under subsection (a)(3)
			 for a fiscal year, the Secretary shall make an allotment to each State
			 educational agency in an amount that bears the same relationship to the funds
			 as the number of schools in that State that have been identified for school
			 improvement under section 1116(b) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6316(b)), bears to the number of schools in all
			 States that have been identified for school improvement under such section
			 1116(b).
					(2)ReallotmentThe portion of any State educational
			 agency’s allotment that is not used by the State educational agency shall be
			 reallotted among the remaining State educational agencies on the same basis as
			 the original allotments were made under paragraph (1).
					(c)Allocations to eligible local educational
			 agencies
					(1)ReservationsEach State educational agency receiving a
			 grant under this title shall reserve—
						(A)not more than 10 percent of the grant
			 funds—
							(i)for State-level activities to provide
			 high-quality professional development and technical assistance to eligible
			 local educational agencies receiving funds under this title and to other local
			 educational agencies as appropriate, including the dissemination and
			 implementation of research-based programs, practices, and models for secondary
			 school improvement; and
							(ii)to contract for the evaluation of all
			 programs and activities in the State that are assisted under this title;
			 and
							(B)not less than 90 percent of the grant funds
			 to award subgrants to eligible local educational agencies to enable the
			 eligible local educational agencies to carry out the activities described in
			 section 306.
						(2)Local allocationFrom funds reserved under paragraph (1)(B),
			 the State educational agency shall allocate to each eligible local educational
			 agency in the State an amount that bears the same relation to such funds as the
			 number of secondary schools that have been identified for school improvement
			 under section
			 1116(b) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6316(b)), that are served
			 by the eligible local educational agency, bears to the number of such schools
			 served by all eligible local educational agencies in the State.
					306.Local uses of fundsEach eligible local educational agency
			 receiving a subgrant under this title shall use the subgrant funds for
			 activities to improve secondary schools that have been identified for school
			 improvement under section 1116(b) of the
			 Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6316(b)), such as—
				(1)developing and implementing research-based
			 programs or models that have been shown to raise achievement among secondary
			 school students, including smaller learning communities, adolescent literacy
			 programs, block scheduling, whole school reforms, individualized learning
			 plans, personalized learning environments, and strategies to target students
			 making the transition from middle school to secondary school;
				(2)promoting community investment in school
			 quality by engaging parents, businesses, and community-based organizations in
			 the development of reform plans for eligible secondary schools;
				(3)researching, developing, and implementing a
			 school district strategy to create smaller learning communities for secondary
			 school students, both by creating smaller learning communities within existing
			 secondary schools, and by developing new, smaller, and more personalized
			 secondary schools;
				(4)providing professional development for
			 school staff in research-based practices, such as interactive instructional
			 strategies and opportunities to connect learning with experience; and
				(5)providing professional development and
			 leadership training for principals and other school leaders in the best
			 practices of instructional leadership and implementing school reforms to raise
			 student achievement.
				307.Applications
				(a)StatesEach State educational agency desiring a
			 grant under this title shall submit to the Secretary an application at such
			 time, in such manner, and containing such information as the Secretary may
			 require to ensure compliance with the requirements of this title.
				(b)Eligible local educational
			 agenciesEach eligible local
			 educational agency desiring a subgrant under this title shall submit to the
			 State educational agency an application at such time, in such manner, and
			 containing such information as the State educational agency may require to
			 ensure compliance with the requirements of this title. Each such application
			 shall describe how the eligible local educational agency will form an eligible
			 partnership to carry out the activities assisted under this title.
				308.EvaluationsIn cooperation with the State educational
			 agencies receiving funds under this title, the Secretary shall undertake or
			 contract for a rigorous evaluation of the effectiveness and success of
			 activities conducted under this title.
			IVData capacity
			401.Grants for increasing data capacity for
			 purposes of assessment and accountability
				(a)Program authorizedFrom funds appropriated under subsection
			 (e) for a fiscal year, the Secretary may award grants, on a competitive basis,
			 to State educational agencies to enable the State educational agencies to
			 develop or increase the capacity of data systems for assessment and
			 accountability purposes, including the collection of graduation rates.
				(b)ApplicationEach State educational agency desiring a
			 grant under this section shall submit an application to the Secretary at such
			 time, in such manner, and containing such information as the Secretary may
			 require.
				(c)Use of fundsEach State educational agency that receives
			 a grant under this section shall use the grant funds for the purpose of—
					(1)increasing the capacity of, or creating,
			 State databases to collect, disaggregate, and report information related to
			 student achievement, enrollment, and graduation rates for assessment and
			 accountability purposes; and
					(2)reporting, on an annual basis, for the
			 elementary schools and secondary schools within the State, on—
						(A)the enrollment data from the beginning of
			 the academic year;
						(B)the enrollment data from the end of the
			 academic year; and
						(C)the twelfth grade graduation rates.
						(d)DefinitionsIn this section:
					(1)Graduation rateThe term graduation rate means
			 the percentage that—
						(A)the total number of students who—
							(i)graduate from a secondary school with a
			 regular diploma (which shall not include the recognized equivalent of a
			 secondary school diploma or an alternative degree) in an academic year;
			 and
							(ii)graduated on time by progressing 1 grade
			 per academic year; represents of
							(B)the total number of students who entered
			 the secondary school in the entry level academic year applicable to the
			 graduating students.
						(2)State educational agencyThe term State educational
			 agency has the meaning given such term in section 9101 of the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 7801).
					(3)SecretaryThe term Secretary means the
			 Secretary of Education.
					(e)Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this section $50,000,000 for fiscal
			 year 2008, and such sums as may be necessary for each of the 2 succeeding
			 fiscal years.


		I
		111th CONGRESS
		2d Session
		H. R. 6381
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2010
			Mr. Sablan (for
			 himself, Mr. Gutierrez,
			 Mrs. Christensen,
			 Ms. Bordallo,
			 Mr. Faleomavaega, and
			 Mr. Pierluisi) introduced the
			 following bill; which was referred to the Committee on the Judiciary, and in
			 addition to the Committee on House
			 Administration, 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 clarify the application of certain Federal laws
		  relating to elections to American Samoa, the Commonwealth of the Northern
		  Mariana Islands, Guam, and the United States Virgin Islands.

		1.Clarification of application
			 of federal election laws to certain jurisdictions
			(a)Federal Election
			 Campaign Act of 1971Section
			 301(12) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(12)) is
			 amended by striking or a territory or possession of the United
			 States and inserting American Samoa, the Commonwealth of the
			 Northern Mariana Islands, Guam, or the United States Virgin
			 Islands.
			(b)Criminal
			 penalties
				(1)Intimidation of
			 votersSection 594 of title
			 18, United States Code, is amended by striking Delegate from the
			 District of Columbia, or Resident Commissioner, and inserting or
			 Delegate or Resident Commissioner to the Congress.
				(2)Interference by
			 government employeesSection
			 595 of title 18, United States Code, is amended by striking Delegate
			 from the District of Columbia, or Resident Commissioner, and inserting
			 or Delegate or Resident Commissioner to the Congress.
				(3)Voting by
			 aliensSection 611(a) of
			 title 18, United States Code, is amended by striking Delegate from the
			 District of Columbia, or Resident Commissioner, and inserting or
			 Delegate or Resident Commissioner to the Congress.
				(c)Voting Rights
			 Act of 1965Section 11 of the Voting Rights Act of 1965 (42
			 U.S.C. 1973i) is amended by striking Delegate from the District of
			 Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the
			 Commonwealth of Puerto Rico each place it appears in subsections (c)
			 and (e)(2) and inserting or Delegate or Resident Commissioner to the
			 Congress.


		II
		Calendar No. 1059
		110th CONGRESS
		2d Session
		S. 2994
		[Report No. 110–488]
		IN THE SENATE OF THE UNITED STATES

			May 8, 2008
			Mr. Levin (for himself,
			 Mr. Voinovich, Ms. Stabenow, Mr.
			 Obama, Mr. Brown,
			 Mrs. Clinton, Mr. Schumer, Ms.
			 Klobuchar, Mr. Coleman,
			 Mr. Casey, and Mr. Durbin) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Environment and Public Works

			September 24 (legislative day, September 17),
			 2008
			Reported by Mrs. Boxer,
			 without amendment

		A BILL
		To amend the Federal Water Pollution Control Act to
		  provide for the remediation of sediment contamination in areas of
		  concern.

		1.Short
			 titleThis Act may be cited as
			 the Great Lakes Legacy Act of
			 2008.
		2.Remediation of
			 sediment contamination in areas of concernSection 118(c)(12) of the Federal Water
			 Pollution Control Act (33 U.S.C. 1268(c)(12)) is amended—
			(1)in subparagraph
			 (B)—
				(A)by redesignating
			 clauses (i), (ii), and (iii) as clauses (v), (i), and (ii), respectively, and
			 moving the clauses so as to appear in numerical order;
				(B)in clause (i) (as
			 redesignated by subparagraph (A)), by striking or at the end;
			 and
				(C)by inserting
			 after clause (ii) (as redesignated by subparagraph (A)) the following:

						(iii)is a
				demonstration or pilot project that uses innovative approaches, technologies,
				or techniques for the remediation of sediment contamination;
						(iv)restores aquatic
				habitat after remediation;
				or
						;
				(2)by striking
			 subparagraph (C) and inserting the following:

					(C)Priority
						(i)In
				generalIn selecting projects to carry out under this paragraph,
				the Administrator shall give priority to a project that—
							(I)constitutes
				remedial action for contaminated sediment;
							(II)(aa)has been identified in
				a remedial action plan submitted under paragraph (3); and
								(bb)is ready to be implemented;
								(III)will use an
				innovative approach, technology, or technique that may provide greater
				environmental benefits, or equivalent environmental benefits at a reduced cost;
				or
							(IV)includes
				remediation to be commenced not later than 1 year after the date of receipt of
				funds for the project.
							(ii)Environmental
				significanceNotwithstanding any regulation promulgated or
				guidance issued to implement this section, the Administrator may provide
				additional consideration to a project that is—
							(I)funded by a
				potentially responsible party; and
							(II)determined to be
				of greater environmental significance than a competing
				proposal.
							;
			(3)in subparagraph
			 (E)—
				(A)in clause
			 (iii)—
					(i)in
			 subclause (I)—
						(I)by inserting
			 (including any in-kind services or funds provided in implementing the
			 administrative order on consent or judicial consent decree) after
			 judicial consent decree; and
						(II)by striking
			 but at the end;
						(ii)by
			 redesignating subclause (II) as subclause (III); and
					(iii)by inserting
			 after subclause (I) the following:

							(II)may include
				funds paid, or the value of any in-kind service performed, by a potentially
				responsible party, subject to the condition that the eligibility of the
				potentially responsible party to contribute to the non-Federal share is
				evaluated on the merits on a site-specific basis, in the context of added
				value, such as at sites at which an orphan share exists or the remedy will be
				enhanced (such as where the qualitative or quantitative scope of the
				remediation is improved, innovative methods are employed, or the remediation
				will be accelerated); but
							;
				and
					(B)by adding at the
			 end the following:

						(v)Payment and
				retention of non-Federal shareThe non-Federal sponsor for a
				project under this paragraph may pay to the Administrator, for retention and
				use by the Administrator in carrying out the project, the non-Federal share of
				the cost of the
				project.
						;
				(4)by striking
			 subparagraph (F);
			(5)by redesignating
			 subparagraph (G) as subparagraph (F);
			(6)by redesignating
			 subparagraph (H) as subparagraph (I);
			(7)by inserting
			 after subparagraph (F) (as redesignated by paragraph (5)) the following:

					(G)Advance payment
				and reimbursement costsThe Administrator, acting through the
				Program Office, may enter into an agreement with a non-Federal sponsor to carry
				out a project under this paragraph under which the non-Federal sponsor may, as
				appropriate—
						(i)pay in advance
				the non-Federal share of the cost of the project; and
						(ii)receive from the
				Administrator reimbursement for amounts (other than the non-Federal share)
				expended by the non-Federal sponsor for the project.
						(H)Definition of potentially responsible
				partyIn this paragraph, the
				term potentially responsible party means an individual or entity
				that may be liable under any Federal or State environmental remediation law
				(including regulations) with respect to a project carried out under this
				paragraph.
					;
				and
			(8)in subparagraph
			 (I) (as redesignated by paragraph (6)), by striking $50,000,000 for each
			 of fiscal years 2004 through 2008 and inserting $150,000,000 for
			 each of fiscal years 2009 through 2013.
			3.Public
			 information programSection
			 118(c)(13) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(13))
			 is amended—
			(1)in the paragraph
			 heading, by inserting and
			 participation after information;
			(2)by striking
			 subparagraph (A) and inserting the following:

					(A)In
				generalThe Administrator, acting through the Program Office and
				in coordination with States, Indian tribes, local governments, and other
				entities, shall carry out a public information and participation program,
				including by providing grants to States, Indian tribes, corporations,
				nongovernmental organizations, and other appropriate entities, for the
				provision to the public of information and outreach activities relating to the
				remediation of contaminated sediment in areas of concern that are located
				wholly or partially in the United
				States.
					;
				and
			(3)in subparagraph
			 (B), by striking 2004 through 2008 and inserting 2009
			 through 2013.
			4.Research and
			 development programSection
			 106(b)(1) of the Great Lakes Legacy Act of 2002 (33 U.S.C. 1271a(b)(1)) is
			 amended by striking 2004 through 2008 and inserting 2009
			 through 2013.

		September 24 (legislative day, September 17),
		  2008
		Reported without amendment