		I
		112th CONGRESS
		2d Session
		H. R. 6648
		IN THE HOUSE OF REPRESENTATIVES

			December 11, 2012
			Mr. Kucinich
			 introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To provide for the establishment of the Post Office
		  Consumer Action Group, Incorporated.

		1.Short title
			(a)Short
			 titleThis Act may be cited
			 as the Post Office Consumer Action
			 Group Act or the POCAG Act.
			(b)Table of
			 contentsThe table of contents is as follows:

					Sec. 1. Short title.
					Sec. 2. Findings and purposes.
					Sec. 3. Establishment of Corporation; membership.
					Sec. 4. Authorization of appropriations and allotments of
				grants.
					Sec. 5. Duties, rights, and powers.
					Sec. 6. Representation of citizens in proceedings.
					Sec. 7. Judicial review of decisions by public bodies;
				enforcement actions.
					Sec. 8. Representation of members in lawsuits.
					Sec. 9. Funding of the Corporation.
					Sec. 10. Prohibited acts.
					Sec. 11. Board of directors.
					Sec. 12. Duties of the board of directors.
					Sec. 13. Appointment of interim board of directors.
					Sec. 14. Delegates.
					Sec. 15. Duties of delegates.
					Sec. 16. Election of delegates and directors.
					Sec. 17. Qualifications of candidates.
					Sec. 18. Nomination.
					Sec. 19. Statement of financial interests.
					Sec. 20. Statement of personal background and
				positions.
					Sec. 21. Statement of platform.
					Sec. 22. Restrictions on and reporting of campaign
				contributions and expenditures.
					Sec. 23. Election procedures for delegates.
					Sec. 24. Election procedures for directors.
					Sec. 25. Installation of elected candidates.
					Sec. 26. Recall of directors.
					Sec. 27. Vacancies on the board of directors.
					Sec. 28. Recall of delegates.
					Sec. 29. Vacancies of delegates.
					Sec. 30. Annual meetings of delegates.
					Sec. 31. Officers.
					Sec. 32. Executive director.
					Sec. 33. Relationship to existing law and policy.
					Sec. 34. Corrupt practices and conflicts of
				interest.
					Sec. 35. Penalties.
					Sec. 36. Construction.
					Sec. 37. Severability.
					Sec. 38. Definitions.

			2.Findings and
			 purposes
			(a)FindingsThe
			 Congress finds the following:
				(1)Individual action
			 by residential postal users for the purposes of participating in postal matters
			 and communicating their views is rendered impracticable by reason of the
			 disproportionate expense of taking such action.
				(2)Such participation
			 and representation can best be secured by the creation of a permanent,
			 not-for-profit organization which is under the democratic control of its
			 membership, solely responsive to that membership’s goals, and funded by
			 voluntary contributions.
				(3)The formation of
			 such an entity by consumers acting voluntarily is impeded because consumers
			 have neither the resources nor an efficient mechanism to contact all
			 residential postal users, raise initial funds, and join such an entity.
				(4)In order to create
			 such an entity, it is necessary to establish a democratically structured
			 organization and to provide for the dissemination, to all postal users, of
			 information as to the formation and purposes of such organization and to
			 provide an efficient means for joining and contributing to such
			 organization.
				(b)PurposesThe
			 purposes of this Act are as follows:
				(1)To assist in
			 establishing adequate and affordable postal service for all residential postal
			 users.
				(2)To foster and
			 encourage active citizen participation in postal matters and to facilitate
			 effective representation and advocacy of the interests of residential postal
			 users before regulatory agencies, Congress, the courts, and other bodies; and,
			 for these purposes, to create a permanent not-for-profit organization.
				(3)To create an
			 efficient funding mechanism for the organization, involving no compulsory
			 burden whatsoever on the taxpayers of the United States, whereby individual
			 residential postal users and others may voluntarily contribute to the
			 organization.
				(4)To ensure that
			 public policies affecting the provision, quality, and cost of postal services
			 fairly reflect the needs and concerns of those users.
				(5)To ensure
			 universal, equal, and adequate access to postal services for all residents of
			 the United States.
				(6)To ensure that the
			 Postal Service provides the highest quality services and products that it can
			 to its customers.
				(7)To ensure that the
			 Postal Service adapts to, and adopts when appropriate, new technologies to meet
			 new customer needs.
				(8)To ensure that the
			 Postal Service remains responsive to its customers.
				3.Establishment of
			 Corporation; membership
			(a)In
			 generalThere is established a not-for-profit corporation to be
			 known as the Post Office Consumer Action Group,
			 Incorporated.
			(b)MembershipThe
			 membership of the Corporation shall consist of all individuals of 16 years of
			 age or older who have contributed to the Corporation at least an annual
			 membership fee at such times as shall be set by the board of directors.
			4.Authorization of
			 appropriations and allotments of grantsThere is authorized to be appropriated to
			 the Corporation, for the purpose of establishing the Corporation, $5,000,000
			 for the fiscal year ending 1 year after the date of the enactment of this
			 Act.
		5.Duties, rights,
			 and powers
			(a)DutiesThe
			 Corporation shall have the following duties:
				(1)Represent and
			 promote the interests of individual residential postal users.
				(2)Inform, insofar as
			 possible, all residential postal users about the Corporation, including the
			 procedure for obtaining membership in the Corporation.
				(3)Establish an
			 annual membership fee which shall be set at a level that provides sufficient
			 funding for the Corporation to effectively perform its powers and duties, and
			 is affordable for as many residential postal users as is possible, but not less
			 than $10.
				(4)Have all rights
			 and powers accorded generally to, and be subject to all duties imposed
			 generally upon, not-for-profit membership corporations under the laws of the
			 United States and the District of Columbia.
				(b)Rights and
			 powersThe Corporation shall have, in addition to those referred
			 to in subsection (a)(4), the following rights and powers:
				(1)To solicit and
			 accept gifts, loans, grants, or other aid, in order to support activities
			 concerning the interests of residential postal users, except that the
			 Corporation may not accept gifts, loans, or other aid from the Postal Service
			 or from any governor, employee, or agent, or member of the immediate family of
			 a governor, employee, or agent, of the Postal Service.
				(2)To seek tax-exempt
			 status under Federal law and the laws of the District of Columbia.
				(3)To conduct,
			 support, and assist research, surveys, investigations, planning activities,
			 conferences, demonstration projects, individual counseling of postal users, and
			 public information activities concerning the interests of individual
			 residential postal users.
				(4)To contract for
			 services which cannot reasonably be performed by its employees.
				(5)To represent the
			 interests of individual residential postal users before the Postal Service, the
			 Postal Regulatory Commission, Congress, State legislatures, Federal and State
			 courts, and other agencies.
				(6)To transmit
			 complaints by individual postal users concerning the Postal Service and private
			 postal delivery services to the Postal Service and other appropriate agencies.
			 Any such agency shall promptly inform the Corporation of its response to such
			 complaints.
				(7)To initiate, to
			 intervene as a party, to maintain, or to otherwise participate on behalf of
			 residential postal users in any proceeding which affects the interests of
			 residential postal users.
				(c)Incidental
			 powersThe Corporation shall have, in addition to the rights and
			 powers enumerated in this Act, such other incidental powers as are reasonably
			 necessary for the effective representation of the interests of individual
			 residential postal users.
			(d)RestrictionsThe
			 Corporation may not sponsor, endorse, or otherwise support, nor may it oppose,
			 any political party or candidacy of any person for public office.
			6.Representation of
			 citizens in proceedings
			(a)Notification of
			 impending proceedingsThe
			 Postal Service, the Postal Regulatory Commission, and other agencies which
			 regulate postal rates or services, shall notify or cause advance notice to be
			 given to the Corporation as to the time, place, and subject of each formal
			 proceeding of the agency, in which the Corporation may be eligible to
			 participate. The agency shall notify or cause notice to be given to the
			 Corporation at least 30 days before the scheduled date of such proceeding or
			 within 5 days after the date and calendar for such proceeding is fixed,
			 whichever is later. In addition, the agency shall give notice or cause notice
			 to be given within 5 days to the Corporation of any filed statement proposing
			 to modify or increase rates, services, schedule of rates or any other rating
			 rule or to adopt or amend any rate or service rule or regulations.
			(b)Intervention and
			 participation in proceedings
				(1)The Corporation
			 may as a matter of right intervene or otherwise participate in any proceeding
			 of the Postal Service, the Postal Regulatory Commission, or other agency which
			 the Corporation reasonably determines would affect the interests of individual
			 residential postal users.
				(2)The intervention
			 or other participation of the Corporation in any such proceeding will not
			 affect the obligation of the Postal Service, the Postal Regulatory Commission,
			 or other agency to operate in the public interest.
				(c)Conduct of the
			 proceedingWhen the Corporation intervenes or otherwise
			 participates in a proceeding of the Postal Service, the Postal Regulatory
			 Commission, or other agency, it shall be subject to all laws and rules of
			 procedure generally applicable to the conduct of the proceeding and the rights
			 of interveners and participants. The Corporation shall have the same rights
			 regarding representation by counsel, participation in prehearing conferences,
			 discovery, requests for issuance of subpoenas by the agency, stipulation of
			 facts, presentation and cross-examination of witnesses, oral and written
			 arguments, participation in settlement negotiations, and other aspects of the
			 proceeding as are accorded to other interveners under the laws of the United
			 States or, in instances in which a proceeding is held by State or local public
			 body, under the laws of that State or locality, except as otherwise provided in
			 this Act.
			7.Judicial review
			 of decisions by public bodies; enforcement actionsThe
			 Corporation shall be deemed to have an interest sufficient to maintain,
			 intervene as of right in, or otherwise participate in, any civil action,
			 proceeding, or appeal for the review or enforcement of any decision by the
			 Postal Service, the Postal Regulatory Commission, or other public body, which
			 the Corporation determines would substantially affect the interests of
			 individual residential postal users.
		8.Representation of
			 members in lawsuits
			(a)In
			 generalIf the Board or Executive Director reasonably determines
			 that bringing a civil action against the Postal Service on behalf of any member
			 or group would further the general purposes of this Act, the Corporation shall
			 provide the legal services necessary and the expert witness services reasonably
			 appropriate for prosecution of the action.
			(b)Reimbursement of
			 expensesAny member who receives money due to a settlement or
			 judgment attained with assistance in litigation provided by the Corporation as
			 described in subsection (a) shall reimburse the Corporation for its expenses in
			 the prosecution of the action, except that such reimbursement may not exceed 10
			 percent of the money received by the member.
			9.Funding of the
			 Corporation
			(a)Corporation
			 statementsThe Corporation may prepare a statement concerning the
			 organization and activities of the Corporation, including the purpose, history,
			 nature, structure, and achievements of the Corporation, and other matters which
			 may affect the interests of individual residential postal users. The
			 statement—
				(1)shall indicate
			 that the statement is not connected to the Postal Service or any governmental
			 agency;
				(2)shall indicate the
			 procedure for becoming a member of the Corporation; and
				(3)shall not contain
			 an individual postal address.
				(b)Opportunity to
			 challenge statementThe Corporation shall furnish each such
			 statement to the Postal Service, which will then print a quantity of the
			 statements sufficient to provide one copy for every residential postal address.
			 Each such statement shall weigh no more than 1 ounce. Within 7 days of its
			 receipt, the Postal Service shall, if it believes the statement to be false or
			 misleading, have the opportunity to challenge the contents of the statement.
			 Should the Postal Service challenge the statement, the Postal Regulatory
			 Commission shall approve or deny the challenged content after reviewing the
			 statement and the basis of the Postal Service’s challenge. The Commission shall
			 approve the statement if it determines that the enclosure (1) is not false and
			 misleading, and (2) contains and is limited to the information permitted by
			 paragraph (1). The Commission shall be deemed to have approved the statement
			 unless it disapproves of the statement within 15 days of receipt.
			(c)Mailing
			 requirementThe Postal Service shall, subject to subsection (d),
			 deliver to each individual post office or postal facility in the United States,
			 a quantity of the mailings, pursuant to subsections (a) and (b), which
			 approximately equals the number of residential addressees in the region served
			 by the postal facility. Individual post offices and postal facilities shall
			 deliver such mailings to every residential address in their district during
			 regular delivery rounds.
			(d)Alternative
			 procedureThe Postal Service may implement a procedure for
			 distributing such mailings other than the procedure specified in subsection
			 (c), unless such other procedure would be more costly to the Corporation or
			 would be a slower or otherwise less efficient means of distributing such
			 mailings.
			(e)TimingThe
			 Postal Service shall be required to distribute such mailings within 60 days of
			 the date on which the statement is given to the Postal Service by the
			 Corporation.
			(f)Numerical
			 LimitationThe Postal Service shall not be required to deliver
			 more than 4 such mailings pursuant to subsections (c) and (d) per fiscal year.
			 This provision shall not affect the obligation of the Postal Service to deliver
			 any mailings for the Corporation for which the Corporation pays postage
			 fees.
			(g)CostsThe
			 Postal Service shall bear all costs incurred in distributing mailings pursuant
			 to subsections (c) and (d).
			(h)Dispute
			 resolutionAny disputes arising from the operations of
			 subsections (a) through (g) shall be resolved by negotiations between the
			 Corporation and the Postal Service if possible, or by the Postal Regulatory
			 Commission. Neither the Postal Service nor the Corporation may fail to comply
			 with the provisions of this Act by reason of such a dispute.
			(i)ContributionsAn
			 individual may contribute to the Corporation by sending a payment to any office
			 of the Corporation. Such individual may list the names of additional
			 contributors in such individual’s household who are 16 years of age or older
			 and the amount each has contributed.
			(j)Collection
			 methodsThe Corporation may establish an online system through
			 which it can collect contributions from its members or other individuals. This
			 subsection shall not be construed to limit other means through which the
			 Corporation may collect funds.
			(k)Solicitation of
			 additional contributionsThe Corporation may, at its discretion,
			 solicit additional contributions from its members via email or other digital or
			 electronic means. This subsection shall not be construed to limit other means
			 through which the Corporation may collect funds.
			10.Prohibited
			 acts
			(a)RetributionNo
			 official or employee of the Postal Service, or any other public official or
			 employee or officer, or any employee or agent of any private mail delivery
			 service may interfere or threaten to interfere with or cause any interference
			 with mail delivery to, or penalize or threaten to penalize or cause to be
			 penalized, any person who contributes to the Corporation or participates in any
			 of its activities, in retribution for such contribution or
			 participation.
			(b)Interference
			 etcNo official or employee of the Postal Service, or any other
			 public official or employee or officer, or employee or agent of any private
			 postal delivery service may prevent, interfere with, or hinder the activities
			 described in this Act.
			(c)List of
			 contributorsNo person shall use any list of contributors to the
			 Corporation, nor any part of such list, for purposes other than the conduct of
			 business of the Corporation as prescribed in this Act. No person shall disclose
			 any such list or part thereof to any other person unless the person has
			 substantial reason to believe that such list or part thereof is intended to be
			 used for the lawful purposes described in this Act.
			(d)PenaltiesA
			 person who violates subsection (a), (b), or (c) shall be subject to a civil
			 penalty of not more than $10,000 for each violation.
			11.Board of
			 directors
			(a)In
			 generalThe affairs of the Corporation shall be managed by a
			 board of directors. There shall be 21 directors.
			(b)TermsThe
			 term of office of elected directors shall be 3 years and no member shall serve
			 more than 2 consecutive terms. One-third of the directors first elected to the
			 board shall serve a 1-year term; one-third of such directors shall serve a
			 2-year term; and one-third of such directors shall serve a full 3-year term.
			 The directors shall draw lots upon their installation in office to determine
			 the length of their first terms. The term of office of directors appointed
			 pursuant to this Act shall end when the first elected directors are installed
			 in office.
			(c)QualificationsDirectors
			 shall meet the qualifications for delegates set forth in this Act.
			(d)CompensationThe
			 directors shall serve without salary, but each director may be entitled to
			 reimbursement for actual and necessary expenses. The board of directors shall
			 establish standard allowances for mileage, room, and meals and the purposes for
			 which such allowances may be made and shall determine the reasonableness and
			 necessity for such reimbursements.
			(e)RestrictionsNo
			 director nor members of his or her immediate family shall, either directly or
			 indirectly, be employed for compensation as a staff member or consultant of the
			 Corporation.
			(f)Bonding
			 requirementAny director who shall handle, disburse, or receive
			 money on behalf of the Corporation shall be bonded. Such bond shall be a cost
			 to the Corporation.
			(g)Duty of
			 representationEach director shall represent the interests of
			 residential postal users of the United States.
			(h)VotingEach
			 director shall have one vote of the board of directors.
			(i)Installation of
			 directorsElected directors shall be installed in office by the
			 president of the outgoing board of directors.
			12.Duties of the
			 board of directorsThe board
			 of directors shall have the following duties:
			(1)To establish the
			 policies of the Corporation regarding appearances before the Postal Regulatory
			 Commission, other agencies, the courts, and other public bodies, and regarding
			 the activities which the Corporation has the authority to perform under this
			 Act.
			(2)To maintain
			 up-to-date membership rolls, and to keep them in confidence to the extent
			 required by this Act.
			(3)To keep minutes,
			 books, and records, which shall reflect all the acts and transactions of the
			 board of directors, and which shall be open to examination by any member during
			 regular business hours.
			(4)To make all
			 reports, studies, data pertaining to the finances of the Corporation, and other
			 information compiled by the Corporation, available for public inspection during
			 regular business hours.
			(5)To maintain for
			 inspection by membership quarterly statements of the financial and substantive
			 operations of the Corporation.
			(6)To cause the
			 Corporation’s books to be audited by a certified public accountant at least
			 once each fiscal year, and to make the audit available to the general
			 public.
			(7)To prepare, as
			 soon as practicable after the close of the Corporation’s fiscal year, an annual
			 report of the Corporation’s financial and substantive operations to be made
			 available for public inspection.
			(8)To report to the
			 delegates on the past and projected activities and policies of the
			 Corporation.
			(9)To employ an
			 executive director and to direct and supervise his or her activities.
			(10)To hold regular
			 meetings at least once every 3 months on such dates and at such places as it
			 may determine. Special meetings may be called by the president or by at least
			 one-quarter of the directors upon at least 5 days’ notice. A majority of the
			 directors shall constitute a quorum. All meetings of the board of directors and
			 of its committees and subcommittees shall be open to the public. Complete
			 minutes of the meetings shall be kept.
			(11)To carry out all
			 other duties and responsibilities imposed upon the Corporation and the board of
			 directors by this Act.
			13.Appointment of
			 interim board of directors
			(a)In
			 generalWithin 60 days after the date of the enactment of this
			 Act, the President, the Speaker of the House of Representatives, the President
			 pro tempore of the Senate, the majority and minority leaders of the House of
			 Representatives, and the majority and minority leaders of the Senate shall each
			 appoint 2 interim directors of the Corporation to serve until a board of
			 directors is first elected. The interim directors shall be installed in office
			 by the President. If the Corporation fails to reach a membership of 50,000
			 persons, defined as individuals having contributed $10 or more to the
			 Corporation, within 3 years of the appointment of the complete interim board of
			 directors, the Corporation shall be dissolved after having satisfied its debts,
			 liabilities, and obligations, to the extent possible, from funds made available
			 to the Corporation.
			(b)Member
			 criteriaIndividuals considered for appointment to the interim
			 board shall have the same qualifications as candidates for the permanent board
			 of directors pursuant to this Act, represent, to the extent possible, different
			 regions of the United States, and represent categories of citizens’
			 organizations including—
				(1)consumer
			 groups;
				(2)organizations
			 representing low-income persons;
				(3)labor
			 unions;
				(4)civil rights
			 groups;
				(5)neighborhood
			 groups; and
				(6)elderly
			 groups.
				(c)EligibilityTo
			 qualify for nomination or appointment as an interim director of the Corporation
			 representing a designated category of citizens’ organizations, an individual
			 shall be an active officer, employee, or member of a citizens’ organization
			 within such category or previously have been an officer or employee of one or
			 more such citizens’ organizations within such category for a cumulative period
			 of at least 2 years.
			(d)RequirementsThe
			 interim board of directors shall be subject to the following
			 requirements:
				(1)Inform the
			 residential postal users of the United States of the existence, nature, and
			 purpose of the Corporation, and encourage residential postal users to join the
			 Corporation’s activities and to contribute to the Corporation.
				(2)As soon as
			 possible after appointment, organize for the transaction of business.
				(3)Elect
			 officers.
				(4)Employ such staff
			 as the directors deem necessary to carry out the purpose of this Act.
				(5)Make all necessary
			 preparations for the first election of delegates and directors, oversee the
			 election campaign, and tally the votes.
				(6)Solicit funds for
			 the Corporation.
				(7)Establish the
			 procedure for members of the Corporation to submit their votes in the election
			 of delegates and for delegates to submit their votes in the election of
			 directors.
				(8)Carry out all
			 other duties and exercise all other powers accorded to the board of directors
			 under this Act.
				14.Delegates
			(a)In
			 generalThe Corporation shall elect one delegate from each
			 congressional district in the United States, including the District of
			 Columbia.
			(b)CompensationThe
			 delegates shall serve without salary.
			(c)TermsThe
			 term of office of delegates shall be 2 years and no delegate shall serve more
			 than 2 consecutive terms.
			(d)RestrictionNo
			 delegate nor members of his or her immediate family shall, either directly or
			 indirectly, be employed for compensation as a staff member or consultant of the
			 Corporation.
			(e)Bonding
			 requirementAny delegate who shall handle, disburse, or receive
			 money on behalf of the Corporation shall be bonded. Such bond shall be a cost
			 to the Corporation.
			15.Duties of
			 delegatesThe delegates shall
			 have the following duties:
			(1)To publicize the
			 activities of the Corporation in their districts.
			(2)To encourage
			 members in their districts to participate in the Corporation’s programs and
			 activities.
			(3)To act as a
			 liaison between the board of directors and members in their districts. To
			 transmit to the board of directors comments, writings, and suggestions
			 concerning the Corporation from members in their districts and to inform such
			 members of the board’s response to their statements.
			(4)To vote at the
			 annual meeting of delegates and at special meetings of delegates called by the
			 board on matters involving basic changes in the policies and operations of the
			 Corporation. A majority vote of the delegates shall be necessary to institute
			 such changes.
			(5)To vote on other
			 items submitted to delegates by the board of directors at annual and special
			 meetings. A majority vote of the delegates shall indicate approval by the
			 delegates of such items.
			(6)To carry out all
			 other duties and exercise all other powers accorded to delegates under this
			 Act.
			16.Election of
			 delegates and directors
			(a)First election
			 of delegatesNot more than 60 days after the membership of the
			 Corporation has reached 50,000 persons, with at least 100 members in each
			 district, and the Corporation has received $250,000 in contributions, the
			 interim board of directors shall set a date for the first election of delegates
			 and shall notify every member by mail. The date set for the election shall be
			 not less than 4 months nor more than 6 months after such notification.
			(b)Subsequent
			 elections of delegatesEach general election of delegates other
			 than the first election shall be held not less than 11 months and not more than
			 14 months after the last preceding general election. The date of such elections
			 shall be fixed at least 4 months in advance of the date chosen for the
			 election.
			(c)Procedures for
			 election of delegatesThe interim board of directors, in
			 accordance with this Act, shall establish the procedure for members of the
			 Corporation to submit their votes in the election of delegates and for
			 delegates to submit their votes in the election of directors. All subsequent
			 boards of directors will have the power to make changes to these procedures
			 with a majority vote.
			(d)First elected
			 board of directorsWithin 11 months of the first election of
			 delegates, the delegates shall elect a board of directors, consisting of 21
			 members. Only delegates shall be eligible to run for the board of directors.
			 Any delegate may nominate himself or herself or any other delegate for election
			 to the board.
			(e)Subsequent
			 elections of directorsSubsequent elections of directors shall be
			 held at not less than 11 months and not more than 13 months after the last
			 preceding general election. Elections may be held at the annual meeting of
			 delegates if the elections would conform to the requirement of this
			 subsection.
			17.Qualifications
			 of candidates
			(a)RestrictionsNo
			 present employee, director, consultant, attorney, accountant, real estate
			 agent, shareholder, bondholder of the Postal Service or the Postal Regulatory
			 Commission shall be eligible to be a delegate or director. No delegate or
			 director nor any candidate for delegate or director may hold an elective public
			 office or be a candidate for an elective public office or be appointed to hold
			 a public office.
			(b)Eligibility
			 requirements for delegatesTo be eligible for election as a
			 delegate, a candidate must satisfy the following:
				(1)Meet the
			 qualifications for candidates.
				(2)Submit a petition
			 for nomination.
				(3)Be a member of the
			 Corporation and resident of the United States district which that individual
			 seeks to represent as a delegate.
				(4)Submit a statement
			 of financial interest and a statement of personal background and
			 position.
				(5)Affirm, under
			 penalty of perjury, that the information contained in the statement of
			 financial interest and personal background and position is true and
			 complete.
				(c)Eligibility
			 requirements for directorsTo be eligible for election to the
			 board of directors a candidate must satisfy the following:
				(1)Meet the
			 qualifications for candidates.
				(2)Be a member of the
			 corporation and a delegate.
				(3)Submit a petition
			 for nomination.
				(4)Submit a statement
			 of financial interest and personal background and position.
				(5)Affirm, under
			 penalty of perjury, that the information contained in the statement of
			 financial interest and personal background and position is true and
			 complete.
				18.Nomination
			(a)Lists of current
			 membersThe interim board of directors and every subsequent board
			 of directors shall make available for inspection by any member, upon request, a
			 list of the current members in that member’s district. Pursuant to section 11,
			 no person shall use any list of contributors to the Corporation, nor any part
			 of such list, for purposes other than the conduct of business of the
			 Corporation as prescribed in this Act. No person shall disclose any such list
			 or part thereof to any other person unless the person has substantial reason to
			 believe that such list or part thereof is intended to be used for the lawful
			 purposes described in this Act.
			(b)Candidates for
			 delegateA candidate for election as a delegate shall submit to
			 the board, no later than 60 days prior to the election, a petition for
			 nomination signed by at least 5 percent of the members residing in his or her
			 district. Upon receipt of a member’s nominating petition, the board of
			 directors shall certify that such member is a nominated candidate for
			 delegate.
			(c)Candidates for
			 directorA candidate for election as a director shall submit to
			 the board, no later than 60 days prior to the election, a petition for
			 nomination signed by at least 5 percent of the delegates. Upon receipt of a
			 member’s nominating petition, the board of directors shall certify that such
			 member is a nominated candidate for delegate.
			19.Statement of
			 financial interestsA
			 candidate for election as a delegate or director shall submit to the board of
			 directors, not later than 60 days prior to the election, a statement of
			 financial interests upon a form provided by the board of directors. The
			 statement of financial interests, which shall be open to public inspection,
			 shall include the following information:
			(1)The occupation,
			 employer, and position at place of employment of the candidate and of his or
			 her immediate family members.
			(2)A
			 list of all corporate and organizational directorships or other offices, and of
			 all fiduciary positions held in the past 3 years by the candidate and by his or
			 her immediate family members.
			(3)An affirmation,
			 subject to penalty of perjury, that the information contained in the statement
			 of financial interests is true and complete.
			(4)Such other
			 information as the board of directors shall require candidates to disclose,
			 which disclosure is required of other public officials at the time, and shall
			 be in the judgment of the board of directors in the best interests of the
			 Corporation and its members.
			20.Statement of
			 personal background and positionsA candidate for election as delegate or
			 director shall submit to the board, not later than 60 days prior to the
			 election, on a form to be provided by the board of directors, a statement
			 concerning his or her personal background and positions relating to postal
			 issues or the operations of the Corporation. The statement shall contain an
			 affirmation, subject to penalty of perjury, that the information contained in
			 the statement of personal background is true and complete and that the
			 candidate meets the qualifications prescribed for delegates and
			 directors.
		21.Statement of
			 platformA candidate for
			 election as a delegate or director shall submit to the board, not later than 60
			 days prior to the election, a 1,000 word, or less, description of their
			 platform as a candidate and goals to be pursued as a delegate or director if
			 elected.
		22.Restrictions on
			 and reporting of campaign contributions and expenditures
			(a)Contribution
			 amount limitationNo candidate for delegate or director may
			 accept more than $100 in campaign contributions from any person or political
			 committee during the year preceding the date of the election.
			(b)Record of
			 contributionsEach candidate for election to the board of
			 directors or as a delegate shall keep complete records of all contributions to
			 his or her campaign of fifty dollars or more during the year preceding the
			 election. Such records shall be available for inspection by the public.
			(c)Record of
			 expendituresEach candidate shall keep complete records of his or
			 her campaign expenditures, and such records shall be available for inspection
			 by the public.
			(d)Statement of
			 contributionsEach candidate, no earlier than the next day
			 succeeding the election and no later than 30 days after the election, shall
			 submit to the board of directors, on a form provided by the board of directors,
			 an accurate statement of his or her campaign contributions accepted and
			 campaign expenses incurred, and shall affirm to the board, subject to penalty
			 of perjury, that he or she has fully complied with the requirements of this
			 subsection.
			(e)Restriction
			 rebating to donorsNo candidate shall accept campaign
			 contributions from the Postal Service, the Postal Regulatory Commission, any
			 private postal delivery service, or a for-profit corporation which has spent
			 more than $1,000,000 on mailings in their previous fiscal year.
			(f)DisqualificationIf
			 the board of directors determines that the candidate’s campaign expenses have
			 exceeded the limits contained in this section, the candidate shall be
			 disqualified and may be required to pay the expenses incurred by the
			 Corporation in mailing that candidate’s statement of personal background and
			 position. The Corporation may pursue all civil remedies to recover the cost of
			 mailing the candidate’s statement of personal background and position. In the
			 event of disqualification, the board of directors shall call a special election
			 to be held not fewer than 4 months and not more than 6 months after the
			 determination of disqualification.
			(g)Limitation on
			 use of campaign contributionsNo candidate may use any campaign
			 contribution for any purpose except for campaign expenditures.
			23.Election
			 procedures for delegates
			(a)In
			 generalThe board of directors shall send or have sent to each
			 member in the district of a candidate for delegate, to be postmarked no later
			 than 20 days before the date fixed for a special or general election, the
			 following:
				(1)An official ballot
			 listing all candidates for delegate from the member’s district who have
			 complied with the requirements of this Act.
				(2)Each such
			 candidate’s statement of financial interests.
				(3)Each such
			 candidate’s statement of personal background and positions.
				(4)Each such
			 candidate’s statement of their platform.
				(b)VotingEach
			 residential postal user who is a member of the Corporation on the 13th day
			 preceding a special or general election may cast a vote in such election by
			 returning his or her official ballot, properly marked, to the principal office
			 of the Corporation by 8 p.m. of the date fixed for the election. Voting shall
			 be by secret ballot. The candidate receiving the greatest number of votes in
			 each district shall be declared elected as a delegate.
			(c)RulesThe
			 board of directors may prescribe rules for the conduct of elections and
			 election campaigns not inconsistent with this Act.
			24.Election
			 procedures for directors
			(a)In
			 generalThe board of directors shall send or have sent to each
			 delegate, to be postmarked no later than 20 days before the date fixed for a
			 special or general election, the following:
				(1)An official ballot
			 listing all candidates for director who have complied with the requirements of
			 this Act.
				(2)Each such
			 candidate’s statement of financial interests.
				(3)Each such
			 candidate’s statement of personal background and positions.
				(4)Each such
			 candidate’s statement of their platform.
				(b)VotingEach
			 member of the Corporation who is a delegate on the 30th day preceding a special
			 or general election may cast a vote in such election by returning his or her
			 official ballot, properly marked, to the principal office of the Corporation by
			 8 p.m. of the date fixed for the election, or by casting such vote in person if
			 an election is held at an annual or special meeting of delegates. Voting shall
			 be by secret ballot.
			(c)RequirementsEach
			 delegate may vote for a maximum of 21 candidates for director and may cast only
			 one vote for each candidate. If over 21 candidates each receive at least 30
			 percent of the vote on the first ballot, the 21 candidates with the highest
			 number of votes shall be elected to the board. If less than 21 candidates
			 receive at least 30 percent of the vote on the first ballot, the second ballot
			 shall be conducted to elect candidates to the remaining positions on the board.
			 If there are 15 or more remaining positions left after the first ballot, then
			 the names of the 40 candidates, excluding those already elected, who received
			 the highest number of votes in the first ballot shall be placed on the second
			 ballot, and the candidates receiving the highest number of votes on the second
			 ballot shall be elected to the remaining positions. If there are less than 40
			 candidates for the remaining positions, the names of all remaining candidates
			 shall be placed on the second ballot. If there are less than 15 remaining
			 positions left after the first ballot, then the names of the 25 candidates,
			 excluding those already elected, who received the highest number of votes on
			 the first ballot shall be placed on the second ballot, and the candidates
			 receiving the highest number of votes on the second ballot shall be elected to
			 the remaining positions. If there are less than 25 candidates for the remaining
			 positions, the names of all remaining candidates shall be placed on the second
			 ballot.
			(d)RulesThe
			 board of directors may prescribe rules for the conduct of elections and
			 election campaigns not inconsistent with this Act.
			25.Installation of
			 elected candidatesThe
			 president of the board of directors shall install in office within 30 days
			 after the election all elected candidates who meet the qualifications
			 prescribed in this Act.
		26.Recall of
			 directorsUpon receipt by the
			 president of the board of directors of a petition to recall any director with
			 the valid signatures of at least 40 percent of the delegates, 40 percent of the
			 members of the district from which such director was elected as delegate, or 10
			 percent of the Corporation’s total membership, the president shall call a
			 special election, to be held not less than 4 months and not more than 6 months
			 after receipt of the petition, for the purpose of electing a director to serve
			 out the term of the recalled director; except that no petition to recall a
			 director may be filed within 6 months of his or her election. A director may
			 become a candidate in an election following his or her own recall. A director
			 recalled shall continue to serve until the installation in office of his or her
			 replacement. A director who has been recalled shall be allowed to complete his
			 or her term of office as a delegate, unless the petition for recall clearly
			 states that its purpose is to recall a person from the office of delegate as
			 well as director. No delegate removed from office shall be allowed to continue
			 serving as director.
		27.Vacancies on the
			 board of directorsIf a
			 director dies, resigns, is disqualified, or otherwise vacates his or her
			 office, except as provided in section 24, the board of directors shall select,
			 within 3 months, a successor from among the delegates for the remainder of the
			 director’s term of office. Any director may nominate any qualified delegate as
			 successor. The board of directors shall select the successor from among those
			 nominated, by a two-thirds majority of the remaining directors present and
			 voting. The successor shall be installed in office by the president of the
			 board of directors.
		28.Recall of
			 delegatesUpon receipt by the
			 president of the board of directors of a petition to recall any delegate with
			 the valid signatures of at least 40 percent of the members from such delegate’s
			 district, the president shall call a special election for the district to be
			 held not less than 4 months and not more than 6 months after receipt of the
			 petition, for the purpose of electing a delegate to serve out the term of the
			 recalled delegate; except that no petition to recall a delegate may be filed
			 within 6 months of his or her election. A delegate may become a candidate in an
			 election following his or her own recall. The delegate recalled shall continue
			 to serve until the installment in office of his or her successor.
		29.Vacancies of
			 delegatesIf a delegate dies,
			 resigns, is disqualified, or otherwise vacates his or her office, the board of
			 directors shall hold, within 3 months of the date on which such vacancy was
			 created, an election in the delegate’s district for the purpose of electing a
			 successor for the remainder of the delegate’s term of office. The successor
			 shall be installed by the president of the board of directors.
		30.Annual meetings
			 of delegates
			(a)In
			 generalAn annual meeting of delegates shall be held on a date
			 and at a place within the United States of America to be determined by the
			 board of directors. The board of directors may determine that this meeting
			 should be held via a conference call or other digital or electronic
			 media.
			(b)Voting
			 procedures, etcAll delegates shall be eligible to attend,
			 participate in, and vote in the annual meeting of delegates. Two-thirds of the
			 delegates shall constitute a quorum. Each delegate shall have one vote at such
			 meeting. Should the board of directors determine that the annual meeting be
			 held via a conference call or other digital or electronic media, the votes of
			 each delegate may be cast electronically.
			(c)Agenda
			 itemsItems may be placed on the meeting’s agenda by the
			 following methods:
				(1)By request of any
			 director or delegate not less than 5 days and not more than 4 months in advance
			 of the date of such meeting.
				(2)By petition
			 containing the valid signatures of at least 20 percent of the members of any
			 district or at least one percent of the total membership. Such petition must be
			 filed with the board of directors not less than 2 days and not more than 5
			 months in advance of the date of such meeting.
				(d)FormatThe
			 form of the annual meeting of delegates shall be provided in the laws of the
			 United States and the District of Columbia regarding not-for-profit membership
			 corporations.
			(e)Open
			 meetingsThe annual meeting of delegates shall be open to the
			 public. Members shall be given a reasonable opportunity at such meeting to
			 present their comments, criticisms and suggestions concerning the Corporation,
			 but members may not vote at such meeting.
			(f)Expense of
			 delegatesThe treasurer shall reimburse delegates for actual
			 expenses necessarily incurred by them in the performance of their duties and
			 for such expenses only.
			(g)Special
			 meetingsThe directors may hold a special meeting of delegates to
			 consult with delegates on matters concerning the Corporation’s policies,
			 activities, and operations. The board of directors shall set a time and place
			 for a special meeting and shall inform every delegate of such time and place
			 not less than 14 days and not more than 60 days in advance of the date of such
			 meeting. The directors shall be required to call a special meeting when they
			 receive a petition containing the valid signatures of over 50 percent of the
			 delegates or at least 5 percent of the members or when the majority of
			 delegates vote for such a meeting. The meeting shall be held not more than 30
			 days after the filing of such petition or the date of such vote.
			31.Officers
			(a)In
			 generalAt the first regular meeting of the board of directors at
			 which a quorum is present and subsequent to the initial appointment of
			 directors, and at the first regular meeting of the board of directors at which
			 a quorum is present subsequent to the installation of new directors following
			 each annual election, the board shall elect by a majority vote of members
			 present and voting from among the directors a president, a vice-president, a
			 secretary, and a treasurer. The board also has the power to elect a comptroller
			 and such other officers as it deems necessary.
			(b)TermsOfficers
			 shall be installed by the president immediately upon their election. The term
			 of office for officers shall be one year, except that an officer may resign, or
			 may be removed from office by a two-thirds vote of all the directors. After an
			 officer’s term of office has expired, the officer shall continue to serve until
			 his or her successor is installed.
			(c)SuccessorsIf
			 an officer dies, resigns, is removed, or otherwise vacates his or her office,
			 the board of directors shall elect a successor to serve out such officer’s term
			 of office.
			(d)Powers and
			 dutiesThe officers shall exercise such powers and perform such
			 duties as are prescribed by this Act or are delegates to them by the board of
			 directors.
			32.Executive
			 director
			(a)In
			 generalThe executive director hired by the board of directors
			 shall have the same qualifications as a candidate. The executive director may
			 not be a candidate for the board of directors or delegate while serving as
			 executive director. The by-laws of the Corporation shall provide a method for
			 discharging the executive director, but in no event shall such discharge occur
			 unless one-half of the directors plus one shall have consented to such
			 discharge.
			(b)RequirementsThe
			 board of directors shall require all applicants for the position of executive
			 director of the Corporation to file a financial statement. The board of
			 directors shall require the executive director to file a financial statement
			 annually.
			(c)DutiesThe
			 executive director shall have the following duties:
				(1)To implement the
			 policies of the board of directors.
				(2)To employ and
			 discharge employees of the Corporation.
				(3)To supervise the
			 offices, facilities and work of the employees of the Corporation.
				(4)To have custody of
			 and maintain the books, records and membership rolls of the Corporation.
				(5)To prepare and
			 submit to the board of directors annual and quarterly statements of the
			 financial estimates for the operations of the Corporation.
				(6)To attend and
			 participate in meetings of the board of directors as a non-voting
			 director.
				(7)To exercise such
			 other powers and perform such other duties as the board of directors
			 delegate.
				33.Relationship to
			 existing law and policy
			(a)In
			 generalThe not-for-profit corporation law of the District of
			 Columbia applies to the Corporation, except that if any provision of the
			 not-for-profit corporation law conflicts with any provision of this Act, the
			 conflicting provision of the not-for-profit law shall not apply in such case.
			 If any provision of this Act relates to a matter embraced in the not-for-profit
			 corporation law but is not in conflict therewith, both provisions shall
			 apply.
			(b)Rule of
			 constructionNothing in this Act shall be construed to limit the
			 right of any individual or group or class of individuals to initiate, intervene
			 in, or otherwise participate in any proceeding before any regulatory agency or
			 court; nor to require any petition or notification to the Corporation as a
			 condition precedent to such right, nor to relieve any postal agency, court or
			 other public body of any obligation, or affect its discretion to permit
			 intervention or participation by a postal user or class of postal users in any
			 proceeding or activity, nor to limit the right of any individual or individuals
			 to obtain administrative or judicial review.
			(c)Clarifying
			 provisionThe intervention or participation of the Corporation in
			 a proceeding or activity shall not affect the obligation of any regulatory
			 agency or other public body to operate in the public interest.
			34.Corrupt
			 practices and conflicts of interest
			(a)DonationsNo
			 person may offer or give anything of monetary value to any director, delegate,
			 employee, or agent of the Corporation if the offer or gift influences, or is
			 intended to influence, the action or judgment of the director, employee or
			 agent of the Corporation in his or her capacity as director, delegate, employee
			 or agent of the Corporation.
			(b)Solicitations,
			 etcNo director, delegate, employee or agent of the Corporation
			 may solicit or accept anything of monetary value from any person if their
			 solicitation or acceptance influences, or is intended to influence, the
			 official action or judgment of the director, employee or agent in his or her
			 capacity as director, employee or agent of the Corporation.
			(c)Civil
			 penaltyAny person who knowingly and willfully violates this
			 section shall be subject to a civil penalty of not more than $10,000.
			(d)RemovalThe
			 board of directors shall remove from any director, delegate, employee or agent
			 of the Corporation violating the provisions of this section.
			35.PenaltiesA violation of any provision of this Act
			 pertaining to conduct by the Postal Service of officers or employees thereof
			 shall be subject to a civil penalty of not more than $10,000 for each
			 violation.
		36.ConstructionThis Act, being necessary for the welfare of
			 the United States and its inhabitants, shall be liberally construed to effect
			 its purposes.
		37.SeverabilityIf any clause, sentence, paragraph or part
			 of this Act or the application thereof be adjudged by a court of competent
			 jurisdiction to be invalid, such judgment shall not affect, impair or
			 invalidate the remainder, and the application thereof, but shall be confined in
			 its operation to the clause, sentence, paragraph or part thereof directly
			 involved in the controversy in which such judgment shall have been
			 rendered.
		38.DefinitionsFor purposes of this Act:
			(1)The term
			 individual residential postal user means any person who sends or
			 receives letters, packages, and other items through the Postal Service.
			(2)The term private mail delivery
			 service means any establishment which regularly delivers second-class,
			 third-class, fourth-class, overnight, or other category of mail for
			 profit.
			(3)The term agency means any
			 local, State, or Federal department, commission, office, authority or other
			 public body with the legal authority to establish or alter rates or services
			 for the provision of postal services within the United States.
			(4)The term proceeding means any
			 formal hearing or meeting conducted by the Postal Service, the Postal
			 Regulatory Commission, or any other agency or subdivision thereof, including a
			 meeting conducted by an administrative law judge, regarding—
				(A)the establishment
			 or alteration of rates and charges for the provision of postal services within
			 the United States;
				(B)the promulgation
			 of rules and regulations concerning postal services and other matters that
			 affect the interests of individual residential postal consumers;
				(C)adjudication of
			 complaints, claims, disputes and petitions of residential postal users;
			 or
				(D)the gathering of
			 information on matters that affect the interests of individual residential
			 postal consumers.
				(5)The term Corporation means the
			 Post Office Consumer Action Group, Incorporated.
			(6)The term member means any
			 person who meets the requirements for membership in the Corporation set forth
			 in this Act.
			(7)The term director means any
			 member of the Corporation duly elected or appointed to the board of directors
			 of the Corporation.
			(8)The term delegate means any
			 person duly elected or appointed as a delegate under this Act.
			(9)The term district means a
			 district designated by the board of directors pursuant to this Act.
			(10)The term campaign expenditure
			 means a purchase, payment, distribution, loan, advance, deposit, or gift of
			 money or anything of value, made for the purpose of electing a candidate as a
			 director or delegate, or a contract, promise, or agreement therefore.
			(11)The term campaign contribution
			 means money, goods, services, or other benefits paid, made, loaned, given,
			 conferred, or promised, including but not limited to, use of office space,
			 telephones, equipment, staff services and provisions of meals, drinks,
			 entertainment, services or transportation made for the purpose of electing a
			 candidate as a director or delegate.
			(12)The term political committee
			 means any committee, club, association, or other group of persons which makes
			 campaign expenditures or receives campaign contributions during the year before
			 an election of directors or delegates.
			(13)The term
			 Postal Service means the United States Postal Service.


115 HR 4101 IH: School Milk Nutrition Act of 2017
U.S. House of Representatives
2017-10-24
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.

I115th CONGRESS1st SessionH. R. 4101IN THE HOUSE OF REPRESENTATIVESOctober 24, 2017Mr. Thompson of Pennsylvania (for himself and Mr. Courtney) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo reverse declining milk consumption in schools.

 1.Short titleThis Act may be cited as the School Milk Nutrition Act of 2017. 2.FindingsCongress finds the following:
 (1)The Dietary Guidelines for Americans recommend that most school-age children and adolescents consume three servings of milk or other dairy foods daily, with two-and-a-half servings recommended for students younger than nine years.
 (2)Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily.
 (3)Milk is a source of many nutrients essential to health, and is the leading source of nine essential nutrients in the diets of children and adolescents, including three nutrients of public health concern: vitamin D, calcium, and potassium.
 (4)Every eight ounces of low-fat and fat-free milk provides eight grams of protein. (5)Dairy foods are associated with improved bone health, a lower risk of type 2 diabetes, a beneficial or neutral effect on blood pressure, and may help reduce the risk of cardiovascular disease, coronary heart disease, and stroke.
 (6)Throughout the history of school-based Federal meal programs, milk has been offered with each meal. (7)Declines in average daily participation in the National School Lunch Program may result in fewer students consuming milk during the school day.
 (8)Declines in milk consumption in schools may exceed what would be expected from declines in average daily participation in the National School Lunch Program alone.
 (9)It is in the public interest to promote the health of the Nation’s school-age population by encouraging and promoting consumption of milk in schools.
 3.Fluid milkSection 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)) is amended by striking subparagraphs (A) and (B) and inserting the following:

 (A)In generalLunches served by schools participating in the school lunch program under this Act— (i)shall offer students a variety of fluid milk, which may include (at the school’s option) low-fat and fat-free milk. Such milk shall be offered with each lunch in amounts consistent with recommendations in the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);
 (ii)may offer students flavored and unflavored fluid milk (including low-fat flavored milk that contains no more than 150 calories per 8-ounce serving) and lactose-free fluid milk; and
 (iii)shall provide a substitute for fluid milk for students whose disability restricts their diet, on receipt of a written statement from a licensed physician that identifies the disability that restricts the student’s diet and that specifies the substitute for fluid milk.
					(B)Substitutes
 (i)Standards for substitutionA school may substitute for the fluid milk provided under subparagraph (A) a nondairy beverage that is nutritionally equivalent to low-fat and fat-free fluid milk and meets nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortification of calcium, protein, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B–12) for students who cannot consume fluid milk because of a medical or other special dietary need other than a disability described in subparagraph (A)(iii).
 (ii)NoticeThe substitutions may be made if the school notifies the State agency that the school is implementing a variation allowed under this subparagraph, and if the substitution is requested by written statement of a medical authority or by a student’s parent or legal guardian that identifies the medical or other special dietary need that restricts the student’s diet, except that the school shall not be required to provide beverages other than beverages the school has identified as acceptable substitutes.
 (iii)Excess expenses borne by school food authorityExpenses incurred in providing substitutions under this subparagraph that are in excess of expenses covered by reimbursements under this Act shall be paid by the school food authority..
 4.Fluid milk and competing beveragesSection 10(b)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1779(b)(1)(C)) is amended— (1)in clause (i), by striking and at the end;
 (2)in clause (ii), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (iii)provide that containers of all beverages sold in schools have the same maximum volume.. 5.Evaluation of school milk trends (a)StudyThe Secretary of Agriculture (hereafter referred to in this Act as the Secretary) shall carry out a study of recent trends in fluid milk consumption in schools, which shall include—
 (1)consideration of factors that may adversely affect consumption, including student preferences for types of milk, changes in average daily participation in meal programs, the types of milk offered, conditions within the school affecting consumption of milk, and other factors determined to be relevant by the Secretary;
 (2)assessment of each Federal program under which milk is offered in schools; (3)review of scientific studies pertinent to school milk consumption; and
 (4)consultation with school food service professionals, nutritionists, and other scientific experts, proprietary and cooperative fluid milk processors, and national and State research and promotion programs for fluid milk and dairy products.
 (b)ReportNot later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that shall—
 (1)include the results of the study required under subsection (a); (2)include recommendations, if any, for actions by the Department of Agriculture, the States, schools, and the private and non-profit sectors to increase milk consumption in schools; and
 (3)take into account the work of school-based nutrition education programs that have been shown to increase average daily participation in the National School Lunch Program, including the Fuel Up to Play 60 program sponsored by the National Dairy Council and the National Football League.
				6.Fluid milk promotion
 (a)Pilot programBeginning not later than one year after the date of the enactment of this Act the Secretary, acting through the Commodity Credit Corporation, shall carry out a pilot program to test and demonstrate effective, affordable, and sustainable strategies by which schools can increase the consumption of fluid milk.
 (b)Program elementsThe pilot program shall— (1)provide grants, as determined by the Secretary, that compensate schools participating in the pilot program for any increased costs resulting from such participation;
 (2)assess the effectiveness of offering milk in a variety of school venues, which may include breakfast in the classroom, enhanced products for a la carte sales, offering products in athletic facilities, and other venues as determined by the Secretary; and
 (3)assess the effectiveness of improved refrigeration, more attractive packaging and merchandising, and additional flavors.
 (c)TerminationThe pilot program shall terminate 4 years after the date of the enactment of this Act. (d)ReportNot later than 5 years after the date of the enactment of this Act, the Secretary shall submit a written report to Congress summarizing the findings and results of the pilot program.
 7.Lactose-free milkThe Secretary shall, to the extent practicable, make available to schools lactose-free milk with an extended shelf life in 8-ounce containers under section 14 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1762a).
 8.Milk choice for women, infants, and childrenNotwithstanding any other provision of law, if available evidence (including relevant reports from the National Academies of Sciences, Engineering, and Medicine) indicates that women and children participating in the Special Supplemental Nutrition Program for Women, Infants, and Children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) typically consume fewer than the number of daily servings of dairy recommended in the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), the Secretary shall ensure that women have access to reduced fat (2 percent) milk for themselves and their children 24-months old and older in accordance with the amounts prescribed for fluid milk under section 246.10(e)(10) of title 7, Code of Federal Regulations, after presentation of a written request to the Secretary by such participant.
 9.Rule of constructionNothing in this Act or the amendments made by this Act shall be construed to alter the proclamation of the Secretary of Agriculture dated May 1, 2017, and titled USDA Commitment to School Meals.


		II
		112th CONGRESS
		1st Session
		S. 969
		IN THE SENATE OF THE UNITED STATES

			May 12, 2011
			Mrs. Gillibrand (for
			 herself, Ms. Snowe,
			 Mr. Brown of Ohio,
			 Ms. Stabenow, and
			 Mr. Begich) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To award planning grants and implementation grants to
		  State educational agencies to enable the State educational agencies to complete
		  comprehensive planning to carry out activities designed to integrate
		  engineering education into K–12 instruction and curriculum and to provide
		  evaluation grants to measure efficacy of K–12 engineering education.

		1.Short titleThis Act may be cited as the
			 Engineering Education for Innovation
			 Act or the E2  for Innovation
			 Act.
		2.FindingsCongress finds the following:
			(1)There is a
			 national concern that the Nation’s preeminence in science and innovation is
			 eroding. According to the National Science Board’s 2010 Science and Engineering
			 Indicators, only 5 percent of college graduates in the United States major in
			 engineering, compared with 12 percent of European students and 20 percent of
			 those in Asia. The report also notes that the performance of elementary and
			 secondary school students in the United States lags behind many nations on
			 international assessments of mathematics and science.
			(2)While women earn
			 58 percent of all bachelor’s degrees, they constitute only 18.5 percent of
			 bachelor’s degrees awarded in engineering.
			(3)African-Americans
			 earn only 4.6 percent of bachelor’s degrees awarded in engineering and
			 Hispanics earn only 7.2 percent.
			(4)The introduction
			 of engineering education has the potential to improve student learning and
			 achievement in science and mathematics, increase awareness about what engineers
			 do and of engineering as a potential career, and boost students' technology and
			 engineering literacy, according to a new report, Engineering in K–12
			 Education from the National Academy of Engineering (NAE) and the
			 National Research Council (NRC).
			(5)The report
			 described in paragraph (4) also identifies the following 3 core principles for
			 K–12 engineering education:
				(A)Emphasize
			 engineering design process.
				(B)Incorporate
			 important and developmentally appropriate mathematics, science, and technology
			 knowledge and skills.
				(C)Promote
			 engineering habits of mind including systems thinking, creativity,
			 collaboration, communication, and attention to ethical considerations.
				(6)While exposure to
			 formal engineering education has increased dramatically over the past 15 years,
			 reaching several million K–12 students, most students in the United States have
			 never experienced an engineering course or lesson.
			(7)There is also a
			 lack of diversity in these existing K–12 engineering education opportunities.
			 The number of girls and underrepresented minorities participating in K–12
			 engineering education does not correspond to their proportion of the general
			 population.
			(8)The President’s
			 Council of Advisors on Science and Technology (PCAST) report Prepare and
			 Inspire: K–12 Science, Technology, Engineering, and Math (STEM) Education for
			 America’s Future recommends that the Nation focus on preparing all students,
			 including girls and minorities underrepresented in STEM fields, in order to
			 meet the national need for a STEM-capable citizenry and a STEM-proficient
			 workforce. The report also notes that achieving the Nation’s goals for K–12
			 STEM education will require partnerships with State and local governments and
			 with the private and philanthropic sectors.
			(9)Only a handful of
			 States have integrated engineering into their core academic K–12
			 standards.
			(10)K–12 engineering
			 education in the United States is supported by a relatively small number of
			 curricular and teacher professional development programs.
			(11)While science,
			 technology, engineering, and mathematics education is viewed as a national
			 education policy, often the implementation of policies and initiatives focuses
			 exclusively on mathematics and science and overlooks the engineering and
			 technology education components.
			(12)Schools, policy
			 makers, and other stakeholders often narrowly refer to the term
			 technologically literate as the ability to use educational
			 technologies. Although educational technology is important, it is far from the
			 only type of technology we depend on in a modern society. In 2006, the National
			 Academy of Engineering and the National Research Council's report,
			 Technically Speaking, outlined a broader view of
			 technological literacy, one more consistent with how scientists,
			 engineers, and technologists see the world. In this view, technology and
			 engineering literacy includes—
				(A)knowledge of
			 technology, the engineering design process, and impacts on society;
				(B)critical thinking
			 and decisionmaking weighing benefits, risks, costs, and tradeoffs; and
				(C)capability to use
			 a variety of technologies, apply the design process, fix simple technological
			 problems, and obtain and understand information about technological
			 issues.
				(13)The Standards
			 for Technological Literacy, developed by the International Technology and
			 Engineering Education Association and passed by a formal review by the National
			 Academy of Engineering and the National Research Council, closely align with
			 the Academies' concept of technology and engineering literacy in paragraph
			 (11).
			(14)To support an
			 innovation economy and maintain our country’s vitality and security, we must
			 expand students’ understanding of technology and engineering and widen the
			 pipeline to careers in these fields so that a diverse array of talented
			 students can pursue them.
			(15)The Federal
			 Government has an interest in expanding K–12 engineering and technology
			 education. The National Assessment of Educational Progress (NAEP) Science 2009
			 assessment included items testing student’s technological design skills. The
			 National Assessment Governing Board (NAGB) will administer a NAEP Technology
			 and Engineering Literacy probe assessment in 2014 that will assess student
			 knowledge in engineering design and systems, information and communication
			 technology, and technology and society.
			(16)To further
			 expand K–12 engineering education, this Act seeks to support planning and
			 implementing grants for educational agencies to invest in programs and
			 activities to integrate engineering education into K–12 instruction and
			 curriculum and to fund research on, and evaluation of, such efforts.
			3.DefinitionsIn this Act:
			(1)EngineeringThe
			 term engineering means a systematic and often iterative approach
			 to designing objects, processes, and systems to meet human needs and
			 wants.
			(2)ESEA
			 termsExcept as otherwise
			 provided in this Act, any term used in this Act that is defined in section 9101
			 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) shall
			 have the meaning given the term in such section.
			(3)High-need local
			 educational agencyThe term high-need local educational
			 agency means a local educational agency—
				(A)(i)that serves not fewer
			 than 10,000 children from families with incomes below the poverty line;
			 or
					(ii)for which not less than 20 percent
			 of the children served by the agency are from families with incomes below the
			 poverty line; and
					(B)(i)for which there is a
			 high percentage of teachers not teaching in the academic subjects or grade
			 levels that the teachers were trained to teach; or
					(ii)for which there is a high
			 percentage of teachers with emergency, provisional, or temporary certification
			 or licensing.
					(4)High-need
			 schoolThe term high-need school means a public K–12
			 school—
				(A)for which not
			 less than 20 percent of the children served by the school are from families
			 with incomes below the poverty line; and
				(B)(i)for which there is a
			 high percentage of teachers not teaching in the academic subjects or grade
			 levels that the teachers were trained to teach; or
					(ii)for which there is a high
			 percentage of teachers with emergency, provisional, or temporary certification
			 or licensing.
					(5)Institution of
			 higher educationThe term institution of higher
			 education has the meaning given such term in section 102 of the Higher
			 Education Act of 1965 (20 U.S.C. 1002).
			(6)K–12The
			 term K–12 means kindergarten through grade 12.
			(7)State
			 educational agencyThe term State educational agency
			 includes the State educational agency in a State in which the State educational
			 agency is the sole educational agency for all public schools.
			(8)TechnologyThe
			 term technology means any modification of the natural world done
			 to fulfill human needs or desires.
			(9)Technology and
			 engineering literacyThe term technology and engineering
			 literacy means the capacity to use, understand, and evaluate technology
			 and engineering as well as to understand technological principles and
			 strategies needed to develop solutions and achieve goals.
			4.Planning
			 grants
			(a)Program
			 authorized
				(1)In
			 generalThe Secretary of Education, in consultation with the
			 Director of the National Science Foundation and other relevant heads of Federal
			 agencies, is authorized to award planning grants to State educational agencies
			 to enable such agencies to complete comprehensive planning to carry out
			 activities designed to integrate engineering education into K–12 instruction
			 and curriculum.
				(2)Grant
			 periodA planning grant awarded under this section shall be for a
			 period of not more than 2 years.
				(3)NonrenewabilityThe
			 Secretary of Education shall not award a State educational agency more than 1
			 planning grant under this section.
				(4)Reservation for
			 small states
					(A)In
			 generalExcept as provided in subparagraph (B), the Secretary of
			 Education shall reserve not less than 15 percent of the funds appropriated to
			 carry out this section for each fiscal year to award grants under this section
			 to States with populations of less than 2,600,000 on the date of enactment of
			 this Act.
					(B)WaiverThe
			 Secretary of Education may waive the 15 percent requirement under subparagraph
			 (A) after notifying Congress of such intention.
					(b)Application
				(1)In
			 generalEach State educational agency desiring a planning grant
			 under this section shall submit an application to the Secretary of Education at
			 such time, in such manner, and accompanied by such information as the Secretary
			 of Education may require.
				(2)Application
			 contentsEach application described in paragraph (1), at a
			 minimum, shall—
					(A)include a
			 description of how the State educational agency proposes to use the planning
			 grant funds to develop a plan designed to integrate engineering education into
			 K–12 instruction and curriculum;
					(B)describe the
			 roles and responsibilities of the partners, described in subsection (c),
			 participating in the planning under this section;
					(C)provide a budget
			 for the use of the planning grant funds; and
					(D)provide such
			 additional assurances and information as the Secretary of Education determines
			 to be necessary.
					(c)PartnershipA
			 State educational agency receiving a planning grant under this section shall
			 complete comprehensive planning to carry out activities designed to integrate
			 engineering education into K–12 instruction and curriculum in coordination with
			 partners, including the following:
				(1)The Governor of
			 the State or the designee of the Governor.
				(2)Not less than 1
			 faculty member from a school of engineering at an institution of higher
			 education located in the State.
				(3)Not less than 1
			 faculty member from a school of education at an institution of higher education
			 located in the State.
				(4)Not less than 1
			 public elementary school administrator employed in the State.
				(5)Not less than 1
			 public elementary school teacher employed in the State.
				(6)Not less than 1
			 public secondary school administrator employed in the State.
				(7)Not less than 1
			 public secondary school engineering or technology teacher employed in the
			 State.
				(8)Not less than 1
			 representative of the science, technology, engineering, and mathematics
			 business community in the State.
				(9)Not less than 1
			 representative from an informal science education center, if available, a
			 nonprofit organization with a demonstrated history of developing innovative and
			 effective engineering curriculum, or an afterschool program provider.
				(10)Not less than 1
			 representative from a professional engineering society or an academy of science
			 with a chapter or other presence in the State.
				(11)Any additional
			 representatives identified by the State educational agency who possess an
			 expertise in developing high-quality K–12 engineering education materials and
			 resources.
				(d)Required
			 activitiesA State educational agency receiving a planning grant
			 under this section shall use the planning grant funds to carry out each of the
			 following activities:
				(1)ReviewThe
			 State educational agency shall review resources and programs across the State
			 educational agency and its partners that are relevant to the objectives of the
			 grant, and coordinate any new plans and resources under this section with such
			 existing resources and programs.
				(2)PlanThe
			 State educational agency shall develop an implementation plan to achieve the
			 objective of integrating engineering education into K–12 instruction and
			 curriculum. The plan shall include a description of how the State educational
			 agency will carry out the following:
					(A)Set intermediate
			 and long-term measurable goals.
					(B)Develop and
			 implement a coherent plan for achieving the goals, including the following core
			 set of activities:
						(i)An
			 analysis of the State's existing K–12 content standards and assessments to
			 determine—
							(I)the extent to
			 which they address the integration of engineering education into K–12
			 instruction and curriculum; and
							(II)the extent to
			 which they align with workforce and postsecondary expectations.
							(ii)An
			 analysis of the State's existing K–12 engineering education curricula, which
			 shall include the development of a baseline analysis of key indicators that
			 measure—
							(I)the number and
			 diversity of students who are exposed to this curricula, including populations
			 underrepresented in engineering fields, for example, girls and underrepresented
			 minorities; and
							(II)the
			 effectiveness of the curricula at improving student learning, including—
								(aa)increasing
			 understanding of engineering;
								(bb)increasing
			 science, technology, engineering, and mathematics career aspirations;
								(cc)increasing
			 technology and engineering literacy skills; and
								(dd)increasing
			 student achievement in science, technology, engineering, and mathematics
			 subjects for all students.
								(iii)An analysis of
			 the State's K–12 engineering and technology education teaching workforce, which
			 shall include the development of a baseline analysis of key indicators that
			 measure—
							(I)the number of
			 K–12 teachers who received any certificates or credentials in engineering or
			 technology education, including the number who received professional
			 development in engineering education;
							(II)the number and
			 types of pre-service, induction, and professional development engineering and
			 technology education programs; and
							(III)the
			 effectiveness of the identified preservice, induction, and professional
			 development engineering and technology education programs as they relate
			 to—
								(aa)increasing
			 understanding of engineering;
								(bb)increasing
			 science, technology, engineering, and mathematics career aspirations;
								(cc)increasing
			 technology and engineering literacy skills; and
								(dd)increasing
			 student achievement in science, technology, engineering, and mathematics
			 subjects.
								(C)Create a plan for
			 ongoing collection and analysis of data on outcomes, including progress toward
			 outcomes.
					(e)Special
			 ruleIn the event a State educational agency declines or does not
			 submit an application under this section, the Secretary of Education shall
			 provide for another entity or consortium, with the capacity to carry out the
			 activities under this section, in partnership with the partners listed in
			 subsection (c), in such State, to submit an application.
			(f)Authorization
			 of appropriationsThere are authorized to be appropriated to
			 carry out this section such sums as may be necessary for each of fiscal years
			 2013 and 2014.
			5.Implementation
			 grants
			(a)Program
			 authorized
				(1)In
			 generalThe Secretary of Education, in consultation with the
			 Director of the National Science Foundation and other relevant heads of Federal
			 agencies, is authorized to award grants to State educational agencies to pay
			 the Federal share of the cost of implementing innovative, integrative
			 engineering education initiatives into K–12 instruction and curriculum.
				(2)PartnershipA
			 State educational agency receiving an implementation grant under this section
			 may partner with such entities (including the entities listed in section 4(c))
			 that the State chooses in order to carry out the activities described in this
			 section.
				(b)Minimum
			 amountThe Secretary of
			 Education shall award a grant under this section in an amount that is a
			 comparably sufficient amount relative to the amounts appropriated to carry out
			 this section.
			(c)Duration and
			 renewal
				(1)DurationThe
			 Secretary of Education shall award grants under this section for not more than
			 2 years.
				(2)RenewalThe
			 Secretary of Education may renew a grant awarded under this section subject to
			 the progress of the State educational agency in meeting the benchmarks
			 described in subsection (i).
				(d)Priority
				(1)In
			 generalIn awarding grants under this section, the Secretary of
			 Education shall give priority to State educational agencies that submit an
			 application under subsection (e) that demonstrates—
					(A)satisfaction of
			 the required activities or comparable activities under section 4(d), as
			 determined by the Secretary;
					(B)that a
			 significant percentage of persons served by the grant will be students from
			 population underrepresented in engineering fields; and
					(C)that the State’s
			 partners under subsection (a)(2) agree to pay a portion of the non-Federal
			 share costs, provided in cash or in-kind, of the programs and activities
			 carried out under the grant.
					(2)Small state
			 guarantee
					(A)In
			 generalIn each fiscal year in which a grant is awarded under
			 this section, the Secretary of Education shall ensure that not less than 1
			 grant be awarded to a State with a population of less than 2,600,000 on the
			 date of enactment of this Act.
					(B)WaiverThe
			 Secretary of Education may waive the requirement under subparagraph (A) after
			 notifying Congress of such intention.
					(e)ApplicationsA State educational agency that desires to
			 receive a grant under this section shall submit an application to the Secretary
			 of Education at such time, in such manner, and containing such information as
			 the Secretary of Education may require. Each such application shall include a
			 description of—
				(1)how the State
			 educational agency will integrate engineering education into K–12 instruction
			 and curriculum through programs and activities described in subsections (f) and
			 (g); and
				(2)the benchmarks
			 developed under subsection (i).
				(f)Uses of
			 fundsA State educational
			 agency that receives a grant under this section shall use the grant funds to
			 pay the Federal share of carrying out the following programs and activities in
			 collaboration with the State’s partners under subsection (a)(2):
				(1)Implementing
			 challenging academic content standards, achievement standards, and curricula
			 frameworks that include engineering.
				(2)Developing new or
			 obtaining effective curricula in engineering education.
				(3)Designing and
			 implementing engineering education assessment items and tools.
				(4)Developing or
			 improving elementary and secondary teacher preservice, induction, and
			 professional development engineering and technology education programs,
			 including those that lead to a certificate or other credential in engineering
			 or technology education.
				(5)Recruiting
			 qualified teachers to provide engineering education for high-need local
			 educational agencies and high-need schools.
				(g)Other allowable
			 uses of fundsIn addition to carrying out the programs and
			 activities described in subsection (f), a State educational agency that
			 receives a grant under this section may use the grant funds for the
			 following:
				(1)Establishing
			 distance learning modules for teachers or students in engineering
			 education.
				(2)Creating online
			 engineering education tools that are widely accessible.
				(3)Investing in
			 after-school engineering education programs.
				(h)Technical
			 assistanceThe Secretary of
			 Education is authorized to reserve not more than 1 percent of the amounts
			 available to carry out this section to provide technical assistance, directly
			 or by grant or contract with nonprofit organizations with demonstrated
			 expertise in designing, implementing, or evaluating relevant programs, in order
			 to help State educational agencies prepare for, qualify for, apply for, and
			 maintain a grant under this section.
			(i)Benchmarks
				(1)BenchmarksEach
			 State educational agency desiring a grant under this section shall—
					(A)develop
			 quantifiable benchmarks for the activities supported under the grant, which
			 shall include increasing student achievement in science, technology,
			 engineering, and mathematics subjects, and may include—
						(i)increasing
			 student knowledge and competency of grade-appropriate engineering design
			 skills;
						(ii)increasing the
			 number of students who are taught engineering education;
						(iii)increasing the
			 number of educators who are prepared to teach engineering education; and
						(iv)increasing the
			 number and diversity of students who plan to enroll in postsecondary
			 engineering courses and pursue an engineering degree; and
						(B)submit, as part
			 of the application under subsection (e), the benchmarks for approval to the
			 Secretary of Education in order to receive grant funds under this
			 section.
					(2)ReportsEach
			 State educational agency receiving a grant under this section shall—
					(A)annually measure
			 and report to the Secretary of Education the progress of the State educational
			 agency in achieving the benchmarks developed under paragraph (1); and
					(B)collect and
			 report data of those served by the grant relating to the student benchmarks,
			 disaggregated by race, ethnicity, gender, disability status, migrant status,
			 English proficiency, and status as economically disadvantaged, except that such
			 disaggregation shall not be required in a case in which the number of students
			 in a category is insufficient to yield statistically reliable information or
			 the results would reveal personally identifiable information about an
			 individual student.
					(3)GuidanceThe
			 Secretary of Education shall provide guidance regarding acceptable data sources
			 and methodologies for—
					(A)establishing
			 baselines and performance benchmarks; and
					(B)measuring
			 progress by State educational agencies receiving such grants.
					(j)Non-Federal
			 share; supplement, not supplant
				(1)Non-Federal
			 share
					(A)In
			 generalA State educational agency that receives a grant under
			 this section shall provide the non-Federal share of the costs of the programs
			 and activities described in subsections (f) and (g) that are carried out under
			 the grant. The amount of the non-Federal share under this section for a fiscal
			 year shall be not less than 50 percent. The non-Federal share may be in cash or
			 in-kind, and may be provided from local resources, contributions from private
			 organizations, contributions from the State’s partners under subsection (a)(2),
			 or a combination of such sources.
					(B)Financial
			 hardship waiverThe Secretary of Education may waive or reduce
			 the non-Federal share of a State educational agency that has submitted an
			 application for a grant under this section if the State educational agency
			 demonstrates a need for such waiver or reduction due to extreme financial
			 hardship.
					(2)Supplement, not
			 supplantGrant funds provided under this section shall be used to
			 supplement, and not supplant, any other Federal or State funds otherwise
			 available to carry out the activities described in this section.
				(k)Special
			 ruleIn the event a State
			 educational agency declines or does not submit an application under this
			 section, the Secretary of Education shall provide for another entity or a
			 consortium, with the capacity to carry out the activities under this section in
			 such State, to submit an application.
			(l)Authorization
			 of appropriationsThere are
			 authorized to be appropriated to carry out this section such sums as may be
			 necessary for each of fiscal years 2014 and 2015.
			6.Research and
			 evaluations
			(a)In
			 generalThe Institute of Education Sciences shall support,
			 directly or through grants or contracts, research on engineering education and
			 evaluation of the grants awarded under this Act, including studies and
			 evaluations that—
				(1)assess the
			 effectiveness of the programs and activities carried out by each State
			 educational agency receiving a grant under section 5 in—
					(A)improving student
			 achievement in science, technology, engineering, and mathematics
			 subjects;
					(B)improving student
			 understanding of engineering;
					(C)enhancing
			 technology and engineering literacy of students;
					(D)increasing
			 numbers and diversity of students with science, technology, engineering, and
			 mathematics career aspirations; and
					(E)increasing the
			 supply of engineering and technology education teachers;
					(2)assess how the
			 programs and activities carried out by each State educational agency receiving
			 a grant under section 5 can be replicated by a variety of State educational
			 agencies and local educational agencies;
				(3)assess how the
			 programs and activities carried out by each State educational agency receiving
			 a grant under section 5 lead to students developing engineering design ideas,
			 practices and habits of mind over time, and the types of conditions necessary
			 to support these developments;
				(4)identify and
			 assess how science inquiry and mathematical reasoning can be connected to
			 engineering design in K–12 curricula and teacher professional development;
			 and
				(5)include any other
			 information or assessments the Secretary of Education may require.
				(b)DisseminationThe
			 Secretary of Education shall, based on the results of each evaluation completed
			 under subsection (a), disseminate information and analysis to the public, and
			 provide technical assistance to State educational agencies, on best practices
			 and promising innovations in the field of K–12 engineering education.
			(c)Authorization
			 of appropriationsThere are authorized to be appropriated to
			 carry out this section such sums as may be necessary for fiscal year
			 2015.