109 HR 4705 IH: Mathematics and Science Teaching Corps Act of 2006
U.S. House of Representatives
2006-02-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 2d Session
H. R. 4705
IN THE HOUSE OF REPRESENTATIVES

February 7, 2006
Mr. Saxton introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To establish the Math and Science Teaching Corps.

1.Short titleThis Act may be cited as the Mathematics and Science Teaching Corps Act of 2006.
2.Findings and purposes
(a)FindingsCongress finds the following:
(1)Mathematics and science are the bases for almost every technical competence in the modern marketplace, including fields as diverse as computer programming, physics, engineering, manufacturing, and oil exploration.
(2)Cultivating a workforce with strong mathematics and science skills is necessary both to keep the United States competitive in a global economy and for its national security. China’s long-term growth rate has surpassed that of the United States in the time since Chinese economic reform focused on the development of science and technology.
(3)Secondary school students in the United States rank near the bottom when compared to their counterparts in other developed countries. Of the Organization for Economic Cooperation and Development nations participating in the 2003 Program for International Student Assessment, the United States ranked 24th of 29 in mathematics and 23rd of 29 in science, while Korea and Japan ranked in the top 5 in both categories.
(4)Research shows that teacher quality is the most important factor in determining student achievement, especially in the technical fields of mathematics and science. Researchers from Penn State, the Urban Institute, and the RAND Corporation have all found higher student achievement in secondary school for those students whose teachers had taken more coursework related to their subject area.
(5)According to the Center for Teaching and Policy, 38 percent of secondary school mathematics classes, 28 percent of general science classes, 45 percent of life science classes, and 60 percent of physical science classes are taught by individuals lacking a major or a minor in such discipline.
(6)College graduates with strong mathematics or science backgrounds have many career opportunities that are more financially attractive than teaching. According to the National Science Foundation, recent college graduates in 2001 were offered between $10,000 and $20,000 more for their first year in a technical occupation other than teaching.
(7)Sophisticated mathematics and science teachers are needed in all classrooms across the Nation in order to raise student achievement and ultimately help the United States maintain its competitiveness in the global economy.
(8)Individuals who are strong in mathematics and science need financial incentives, peer mentoring, and professional development for proper recruitment and retainment in the field of teaching.
(b)PurposesThe purposes of this Act are to—
(1)recruit up to 8,000 new, outstanding mathematics and science secondary school teachers each year who might otherwise begin different careers; and
(2)reward up to 8,000 existing and outstanding mathematics and science secondary school teachers each year who might otherwise leave the teaching profession.
3.DefinitionsIn this Act:
(1)DirectorThe term Director means the Director of the Math and Science Teaching Corps.
(2)Hard-to-staff schoolThe term hard-to-staff school means a secondary school that has great difficulty in finding and retaining qualified and effective teachers, as determined by the Director.
(3)Participating local educational agencyThe term participating local educational agency means a local educational agency that has been certified by the Director as offering an induction program for individuals receiving fellowships under this Act that meets adequate standards, including—
(A)clustering Math and Science Teaching Corps Fellows in individual or nearby schools;
(B)providing multi-year mentoring and coaching;
(C)offering new teacher seminars on a monthly basis;
(D)reducing the course load for such Fellows;
(E)allowing time for joint lesson planning and other constructive collaborative activities;
(F)providing professional development opportunities for such Fellows and Math and Science Teaching Corps Master Fellows on content knowledge and pedagogy; and
(G)facilitating relationships between Math and Science Teaching Corps Fellows and Math and Science Teaching Corps Master Fellows.
(4)Partner institutionThe term partner institution means an institution of higher education that has been certified by the Director as meeting adequate standards for—
(A)offering a teacher preparation program that—
(i)is modeled on the Master of Arts in Teaching program, which provides a full-time, 1-year course of study leading to teacher certification and a master’s degree; and
(ii)includes pedagogical courses and a minimum of 1 semester of student teaching experience;
(B)offering a part-time master’s degree program in mathematics or science education for teachers who are certified to teach;
(C)offering a graduate degree program in mathematics and science; and
(D)establishing an explicit collaboration between the teacher preparation and mathematics and science departments of the institution to provide graduate-level mathematics and science content courses that are appropriate for secondary school teachers.
(5)Standardized testThe term standardized test means the test required by the Director of each individual who applies for a fellowship under this Act that evaluates each individual’s mathematics or science subject area knowledge. The science subject area tests shall include a section to assess mathematics skills appropriate to each subject. The standardized tests shall be approved and reviewed periodically by the National Academy of Sciences to ensure that the tests meet rigorous standards and remain appropriate for the intended use, and cut-off scores shall be set at the national level.
4.Establishment of the Math and Science Teaching CorpsTitle II of the Department of Education Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the end the following:

221.Math and Science Teaching Corps
(a)In generalThere shall be in the Department a Math and Science Teaching Corps to be administered by the Director of the Math and Science Teaching Corps in accordance with the Mathematics and Science Teaching Corps Act of 2006.
(b)DirectorThe Director of the Math and Science Teaching Corps shall—
(1)administer the Math and Science Teaching Corps program established under the Mathematics and Science Teaching Corps Act of 2006; and
(2)report directly to the Secretary and shall perform such additional functions as the Secretary may prescribe.
(c)PurposeThe Math and Science Teaching Corps is established in order to significantly improve mathematics and science achievement among secondary school students in the United States by ensuring that such students are taught by well-prepared mathematics and science teachers with superior subject area knowledge..
5.Math and Science Teaching Corps fellowships for prospective teachers
(a)EstablishmentThe Director shall carry out a program through which the Director awards—
(1)Math and Science Teaching Corps Fellowships for Prospective Teachers (referred to in this part as MSTC Fellowships) to eligible individuals;
(2)grants to partner institutions to pay the tuition and fees and overhead costs at such institutions of individuals receiving MSTC Fellowships under this section; and
(3)grants to participating local educational agencies to pay the costs of the activities described in subsection (e)(4).
(b)Definition of eligible individualIn this section, the term eligible individual means an individual who—
(1)is a recent college graduate or a mid-career professional outside of the teaching field; and
(2)possesses a strong content area knowledge, including a baccalaureate (or higher) degree in mathematics, science, engineering, technology, or a related field.
(c)ApplicationAn individual, partner institution, or participating local educational agency that desires to receive a MSTC Fellowship or grant, as applicable, under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require.
(d)Recruitment and selection of individuals for MSTC fellowships
(1)RecruitmentThe Director shall recruit eligible individuals for the MSTC Fellowships.
(2)SelectionThe Director shall establish criteria to ensure that individuals who receive MSTC Fellowships under this section possess—
(A)a comprehensive knowledge of the subject area to be taught as evidenced by performing at a satisfactory level on a standardized test;
(B)strong verbal and communication skills; and
(C)other attributes that are linked to effective teaching.
(e)Activities
(1)In generalAn individual who receives a MSTC Fellowship under this section shall—
(A)receive pedagogical training as described in paragraph (2); and
(B)for 4 years, within a 7-year period of first receiving the Fellowship, teach mathematics or science in a secondary school, as described in paragraph (3).
(2)Pedagogical training
(A)In generalAn individual who receives a MSTC Fellowship under this section shall—
(i)if the individual is not certified to teach—
(I)attend, during the first year of the MSTC Fellowship, a 1-year, full-time graduate education program of a partner institution that receives a grant under this section; and
(II)receive, during that 1 year, a stipend that is in an amount that is equal to the Graduate Research Fellowship stipend awarded by the National Science Foundation; or
(ii)if the individual holds appropriate teacher certification credentials when granted the MSTC Fellowship, then during any of the 4 years of the MSTC Fellowship—
(I)attend a part-time graduate education program leading to a master’s degree in mathematics or science education; or
(II)enroll at an institution of higher education in not more than 24 credit hours of courses in mathematics, science, or education.
(B)Grants to partner institutionsA partner institution that receives a grant under this section—
(i)shall use the grant funds to pay the tuition and fees at such institution of individuals receiving MSTC Fellowships under this section; and
(ii)may use not more than 10 percent of the grant funds for overhead costs incurred by the partner institution in administering the grant.
(3)Teaching, mentoring, and professional developmentAn individual who receives a MSTC Fellowship under this section—
(A)shall, for 4 years, teach mathematics or science in a secondary school served by a participating local educational agency;
(B)shall, for such 4 years, participate in induction programs offered by the participating local educational agency;
(C)shall, for such 4 years, receive a stipend that is equal to—
(i)for the first year of teaching described in subparagraph (A), $11,000;
(ii)for the second year of teaching described in subparagraph (A), $14,000;
(iii)for the third year of teaching described in subparagraph (A), $17,000; and
(iv)for the fourth year of teaching described in subparagraph (A), $20,000; and
(D)if the school in which the individual is teaching is determined by the Director to be a hard-to-staff school, may receive enhanced stipends, of a uniform amount determined by the Director, in each year of teaching as described in subparagraph (A).
(4)Grants to participating local educational agenciesA participating local educational agency that receives a grant under this section—
(A)shall use the grant funds to pay the expenses associated with facilitating the induction and professional development services for individuals receiving fellowships under this Act; and
(B)may not reduce the salary of an individual who receives a MSTC Fellowship under this section and is employed in a secondary school served by such agency below the salary normally paid for an individual with a similar background and experience solely because such individual receives a stipend under paragraph (3).
(f)Reports
(1)In generalNot later than 3 years after the date of enactment of this Act, the Director shall submit a report to Congress that evaluates the effectiveness of the program under this section.
(2)Subsequent reportsThe Director shall submit an updated report every 5 years after the date the first report is submitted under paragraph (1).
(g)RepaymentIn the event that an individual receiving a MSTC Fellowship under this section does not complete the activities described in subsection (e), the Director shall require repayment of the stipends granted to the individual under this section according to the regulations established by the Math and Science Teaching Corps.
(h)Authorization of appropriationsThere are authorized to be appropriated to carry out this section, $137,000,000 for fiscal year 2007, $410,000,000 for fiscal year 2008, $683,000,000 for fiscal year 2009, $956,000,000 for fiscal year 2010, and $1,092,000,000 for fiscal year 2011.
6.Math and Science Teaching Corps Fellowships for Experienced Teachers
(a)EstablishmentThe Director shall carry out a program in which the Director awards Math and Science Teaching Corps Fellowships for Experienced Teachers (referred to in this part as MSTC Master Fellowships) to eligible individuals.
(b)Eligible individualIn this section, the term eligible individual means an individual who—
(1)has been teaching mathematics or science in a public secondary school for not less than 3 years;
(2)possessed certification in the field and level in which the individual primarily taught during the 3 years preceding the year for which the determination is made; and
(3)is employed as a full-time, secondary mathematics or science teacher in a participating local educational agency.
(c)ApplicationsAn eligible individual who desires to receive a MSTC Master Fellowship under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require.
(d)Recruitment and selection of MSTC master fellows
(1)RecruitmentThe Director shall recruit eligible individuals for MSTC Master Fellowships.
(2)Selection
(A)In generalThe Director shall establish criteria to ensure that individuals who receive MSTC Master Fellowships under this section—
(i)demonstrate expertise in mathematics or science content by taking a standardized test;
(ii)demonstrate mastery of mathematics or science pedagogy and have a strong record of positively affecting academic achievement, as demonstrated by observations from supervisors, student data (as available), or other information as determined by the Director; and
(iii)demonstrate other attributes that are linked to effective teaching.
(e)Activities
(1)In generalAn eligible individual who receives a MSTC Master Fellowship under this section—
(A)shall—
(i)continue to teach mathematics or science in a public secondary school in a participating local educational agency for not less than an additional 5 years during the subsequent 7 years after receiving such a MSTC Master Fellowship under this section;
(ii)serve as a leader within the individual's department and school;
(iii)mentor MSTC Fellows, as appropriate;
(iv)receive a stipend of $20,000 for each year the eligible individual continues to teach, as described in clause (i), but for not more than 5 years; and
(v)attend lectures, seminars, or workshops on content area knowledge or pedagogy provided by the participating local educational agency that employs such eligible individual; and
(B)if the school in which the individual is teaching is determined by the Director to be a hard-to-staff school, may receive enhanced stipends, of a uniform amount determined by the Director, in each year of teaching as described in subparagraph (A)(i).
(f)Renewal of MSTC master fellowshipsAn individual who has received a MSTC Fellowship or MSTC Master Fellowships and has completed the requirements associated with such fellowship may re-apply for a MSTC Master Fellowship (or apply for a MSTC Master Fellowship in the case of an individual who has received a MSTC Fellowship) if such individual is an eligible individual under this section.
(g)RepaymentIn the event that an individual receiving a MSTC Master Fellowship under this section does not complete the activities described in subsection (e), the Director shall require repayment of the stipends granted to the individual under this section according to the regulations established by the Math and Science Teaching Corps.
(h)Reports
(1)In generalNot later than 3 years after the date of enactment of this Act, the Director shall submit a report to Congress that evaluates the effectiveness of the program under this section.
(2)Subsequent reportsThe Director shall submit an updated report every 5 years after the date the first report is submitted under paragraph (1).
(i)Authorization of appropriationsThere are authorized to be appropriated to carry out this section, $100,000,000 for fiscal year 2007, $300,000,000 for fiscal year 2008, $500,000,000 for fiscal year 2009, $700,000,000 for fiscal year 2010, and $800,000,000 for fiscal year 2011.


116 S2434 IS: National Criminal Justice Commission Act of 2019
U.S. Senate
2019-08-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 2434
		IN THE SENATE OF THE UNITED STATES

			August 1, 2019
			Mr. Peters (for himself, Mr. Graham, and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To establish the National Criminal Justice Commission.

		1.Short title
 This Act may be cited as the National Criminal Justice Commission Act of 2019.
 2.FindingsCongress finds that— (1)it is in the interest of the United States to establish a commission to undertake a comprehensive review of the criminal justice system;
 (2)there has not been a comprehensive study since the President’s Commission on Law Enforcement and Administration of Justice was established in 1965;
 (3)in a span of 18 months, the President’s Commission on Law Enforcement and Administration of Justice produced a comprehensive report entitled The Challenge of Crime in a Free Society, which contained 200 specific recommendations on all aspects of the criminal justice system involving—
 (A)Federal, State, Tribal, and local governments; (B)civic organizations;
 (C)religious institutions; (D)business groups; and
 (E)individual citizens; and
 (4)developments over the intervening 50 years require once again that Federal, State, Tribal, and local governments, law enforcement agencies, including rank and file officers, civil rights organizations, community-based organization leaders, civic organizations, religious institutions, business groups, and individual citizens come together to review evidence and consider how to improve the criminal justice system.
 3.Establishment of CommissionThere is established a commission to be known as the National Criminal Justice Commission (referred to in this Act as the Commission). 4.Purpose of the CommissionThe Commission shall—
 (1)undertake a comprehensive review of the criminal justice system; (2)submit to the President and Congress recommendations for Federal criminal justice reform; and
 (3)disseminate findings and supplemental guidance to the Federal Government, as well as to State, local, and Tribal governments.
			5.Review, recommendations, and report
 (a)General reviewThe Commission shall undertake a comprehensive review of all areas of the criminal justice system, including the criminal justice costs, practices, and policies of the Federal, State, local, and Tribal governments.
			(b)Recommendations
 (1)In generalNot later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress recommendations for changes in Federal oversight, policies, practices, and laws designed to prevent, deter, and reduce crime and violence, reduce recidivism, improve cost-effectiveness, and ensure the interests of justice at every step of the criminal justice system.
 (2)Unanimous consentIf a unanimous vote of the members of the Commission at a meeting where a quorum is present pursuant to section 6(d) approves a recommendation of the Commission, the Commission may adopt and submit the recommendation under paragraph (1).
 (3)Public accessThe recommendations submitted under this subsection shall be made available to the public. (c)Report (1)In generalNot later than 18 months after the date of the first meeting of the Commission, the Commission shall disseminate to the Federal Government, as well as to State, local, and Tribal governments, a report that details the findings and supplemental guidance of the Commission regarding the criminal justice system at all levels of government.
 (2)Majority voteIf a majority vote of the members of the Commission approves a finding or supplemental guidance at a meeting where a quorum is present pursuant to section 6(d), the finding or supplemental guidance may be adopted and included in the report required under paragraph (1).
 (3)DissentsIn the case of a member of the Commission who dissents from a finding or supplemental guidance approved by a majority vote under paragraph (2), the member may state the reason for the dissent in writing and the report described in paragraph (1) shall include the dissent.
 (4)Public accessThe report submitted under this subsection shall be made available to the public. (d)Prior commissionsThe Commission shall take into consideration the work of prior relevant commissions in conducting the review of the Commission.
 (e)State and local governmentsIn issuing the recommendations and report of the Commission under this section, the Commission shall not infringe on the legitimate rights of the States to determine the criminal laws of the States or the enforcement of such laws.
 (f)Public hearingsThe Commission shall conduct public hearings in various locations around the United States. (g)Consultation with government and nongovernment representatives (1)In generalThe Commission shall—
 (A)closely consult with Federal, State, local, and Tribal governments and nongovernment leaders, including—
 (i)State, local, and Tribal law enforcement officials, including rank and file officers; (ii)legislators;
 (iii)public health officials; (iv)judges;
 (v)court administrators; (vi)prosecutors;
 (vii)defense counsel; (viii)victims’ rights organizations;
 (ix)probation and parole officials; (x)criminal justice planners;
 (xi)criminologists; (xii)civil rights and liberties organizations;
 (xiii)community-based organization leaders;
 (xiv)formerly incarcerated individuals; (xv)professional organizations; and
 (xvi)corrections officials; and (B)include in the final report required under subsection (c) summaries of the input and recommendations of the leaders consulted under subparagraph (A).
 (2)United States sentencing commissionTo the extent the review and recommendations required by this section relate to sentencing policies and practices for the Federal criminal justice system, the Commission shall conduct the review in consultation with the United States Sentencing Commission.
 (h)Sense of Congress on unanimityIt is the sense of Congress that, given the national importance of the matters before the Commission—
 (1)the Commission should work toward developing findings and supplemental guidance that are unanimously supported by the members of the Commission; and
 (2)a finding or supplemental guidance unanimously supported by the members of the Commission should take precedence over a finding or supplemental guidance that is not unanimously supported.
				6.Membership
 (a)In generalThe Commission shall be composed of 14 members, as follows: (1)The President shall appoint 1 member, who shall serve as a co-chairperson of the Commission.
 (2)The co-chairperson described in paragraph (1) shall appoint 6 members in consultation with the leadership of—
 (A)the Senate and House of Representatives of the same political party as the President; (B)the Committee on the Judiciary of the House of Representatives of the same political party as the President; and
 (C)the Committee on the Judiciary of the Senate of the same political party as the President. (3)The leader of the Senate, in consultation with the leader of the House of Representatives who is a member of the opposite party of the President, shall appoint 1 member, who shall serve as a co-chairperson of the Commission.
 (4)The co-chairperson described in paragraph (3) shall appoint 6 members in consultation with the leadership of—
 (A)the Senate and House of Representatives of the opposite political party as the President; (B)the Committee on the Judiciary of the House of Representatives of the opposite political party as the President; and
 (C)the Committee on the Judiciary of the Senate of the opposite political party as the President. (b)Membership (1)In generalA member shall be appointed based upon knowledge or experience in a relevant area, including—
 (A)law enforcement;
 (B)criminal justice; (C)national security;
 (D)prison and jail administration;
 (E)prisoner reentry; (F)public health, including—
 (i)physical and sexual victimization;
 (ii)drug addiction; or (iii)mental health;
 (G)the rights of victims; (H)civil rights;
 (I)civil liberties; (J)court administration;
 (K)social services; or (L)State, local, or Tribal government.
					(2)Law enforcement representation
 (A)Members appointed by the co-chairpersonsOf the 6 members appointed by the co-chairperson under subsection (a)(2)— (i)not fewer than 2 shall be representatives from Federal, State, or local law enforcement agencies; and
 (ii)not fewer than 1 shall be a representative from a Tribal law enforcement agency.
 (B)Other membersOf the 6 members appointed under subsection (a)(4)— (i)not fewer than 2 shall be representatives of Federal, State, or local law enforcement agencies; and
 (ii)not fewer than 1 shall be a representative from a Tribal law enforcement agency.
 (3)DisqualificationIf an individual possesses a personal financial interest in the discharge of a duty of the Commission, the individual may not be appointed as a member of the Commission.
 (4)TermsA member shall be appointed for the duration of the Commission. (c)Appointments and first meeting (1)AppointmentsEach member of the Commission shall be appointed not later than 45 days after the date of enactment of this Act.
 (2)First meetingThe Commission shall hold the first meeting of the Commission on the date, whichever is later, that is not later than—
 (A)60 days after the date of enactment of this Act; or
 (B)30 days after the date on which funds are made available for the Commission.
 (3)EthicsAt the first meeting of the Commission, the Commission shall— (A)draft appropriate ethics guidelines for members and staff of the Commission, including guidelines relating to—
 (i)conflict of interest; and
 (ii)financial disclosure; (B)consult with the Committees on the Judiciary of the Senate and the House of Representatives as a part of drafting the guidelines; and
 (C)provide each Committee described in subparagraph (B) with a copy of the guidelines completed under subparagraph (A).
					(d)Meetings, quorum, and vacancies
 (1)MeetingsThe Commission shall meet at the call of— (A)the co-chairpersons; or
 (B)a majority of the members of the Commission. (2)QuorumExcept as provided in paragraph (3)(B), a majority of the members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony.
				(3)Vacancies
 (A)In generalA vacancy in the Commission shall not affect a power of the Commission, and the vacancy shall be filled in the same manner in which the original appointment was made.
 (B)QuorumIn the case of a vacancy occurring after the date that is 45 days after the date of enactment of this Act, until the date on which the vacancy is filled, a majority of the members of the Commission shall constitute a quorum if—
 (i)not fewer than 1 member of the Commission appointed under paragraph (1) or (2) of subsection (a) is present; and
 (ii)not fewer than 1 member of the Commission appointed under paragraph (3) or (4) of subsection (a) is present.
						(e)Actions of the Commission
 (1)In generalThe Commission— (A)shall, subject to section 5, act by a resolution agreed to by a majority of the members of the Commission voting and present; and
 (B)may establish a panel composed of less than the full membership of the Commission for purposes of carrying out a duty of the Commission under this Act, which—
 (i)shall be subject to the review and control of the Commission; and (ii)may make a finding or determination that may be considered a finding or determination of the Commission if the finding or determination is approved by the Commission.
 (2)DelegationIf authorized by the co-chairpersons of the Commission, a member, agent, or staff member of the Commission may take an action that the Commission may take under this Act.
				7.Administration
			(a)Staff
 (1)Executive DirectorThe Commission shall have a staff headed by an Executive Director, who shall be paid at a rate established for the Certified Plan pay level for the Senior Executive Service under section 5382 of title 5, United States Code.
 (2)Appointments and compensationThe co-chairpersons of the Commission shall designate and fix the compensation of the Executive Director and, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.
				(3)Personnel as Federal employees
 (A)In generalThe Executive Director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title 5.
 (B)Members of the CommissionSubparagraph (A) shall not be construed to apply to members of the Commission. (4)The compensation of members (A)Non-federal employeesA member of the commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board.
 (B)Federal employeesA member of the commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.
 (5)Travel expensesA member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular places of business of the member in the performance of services for the Commission.
 (b)Experts and consultantsWith the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.
 (c)Detail of government employeesUpon the request of the Commission, a Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
			(d)Other resources
 (1)In generalThe Commission shall have reasonable access to materials, resources, statistical data, and other information such Commission determines to be necessary to carry out its duties from—
 (A)the Library of Congress; (B)the Department of Justice;
 (C)the Office of National Drug Control Policy;
 (D)the Department of State; and (E)other agencies of the executive or legislative branch of the Federal Government.
 (2)Requests for resourcesThe co-chairpersons of the Commission shall make requests for the access described in paragraph (1) in writing when necessary.
 (e)Volunteer servicesNotwithstanding section 1342 of title 31, United States Code, the Commission— (1)may—
 (A)accept and use the services of an individual volunteering to serve without compensation; and
 (B)reimburse the individual described in subparagraph (A) for local travel, office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code; and
 (2)shall consider the individual described in paragraph (1) an employee of the Federal Government in performance of those services for the purposes of—
 (A)chapter 81 of title 5, United States Code, relating to compensation for work-related injuries;
 (B)chapter 171 of title 28, United States Code, relating to tort claims; and (C)chapter 11 of title 18, United States Code, relating to conflicts of interest.
					(f)Obtaining official data
 (1)In generalExcept as provided in paragraph (3), the Commission may directly secure from an agency of the United States information necessary to enable the Commission to carry out this Act.
 (2)ProceduresUpon the request of the co-chairpersons of the Commission, the head of the agency shall furnish any information requested under paragraph (1) to the Commission.
 (3)Sensitive informationThe Commission may not have access to sensitive information regarding ongoing investigations.
 (g)MailsThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
 (h)Biannual reportsThe Commission shall submit biannual status reports to Congress regarding— (1)the use of resources;
 (2)salaries; and (3)all expenditures of appropriated funds.
				(i)Contracts
 (1)In generalThe Commission may enter into a contract with a Federal or State agency, a private firm, an institution, or an individual for the conduct of an activity necessary to the discharge of a duty or responsibility of the Commission.
 (2)TimingA contract, lease, or other legal agreement the Commission enters into may not extend beyond the date of the termination of the Commission.
 (j)GiftsThe Commission may accept, use, or dispose of a gift or donation of a service or property.
 (k)Administrative assistanceThe Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out the responsibilities of the Commission under this Act, which may include—
 (1)human resource management; (2)budget;
 (3)leasing; (4)accounting; or
 (5)payroll services. (l)Non-Applicability of FACA and public access to meetings and minutes (1)In generalThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
				(2)Meetings and minutes
					(A)Meetings
 (i)AdministrationEach meeting of the Commission shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5, United States Code.
 (ii)Interested individualsAn interested individual may—
 (I)appear at an open meeting; (II)present an oral or written statement on the subject matter of the meeting; and
 (III)be administered an oath or affirmation. (iii)NoticeEach open meeting of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting.
						(B)Minutes and public access
 (i)MinutesMinutes of each open meeting shall be kept and shall contain a record of— (I)the people present;
 (II)a description of the discussion that occurred; and
 (III)a copy of each statement filed.
 (ii)Public accessThe minutes and records of each open meeting and other documents that were made available to or prepared for the Commission shall be available for public inspection and copying at a single location in the offices of the Commission.
 (m)ArchivingNot later than the date described in section 9, all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives.
 8.Authorization for use of fundsFor each of fiscal years 2020 and 2021, the Attorney General may use, from an unobligated balance made available under the heading General Administration to the Department of Justice in an appropriations Act, such amounts as are necessary, not to exceed $7,000,000 per fiscal year and not to exceed $14,000,000 total for both fiscal years, to carry out this Act, except that none of the funds authorized to be used to carry out this Act may be used for international travel.
 9.SunsetThe Commission shall terminate 60 days after the date on which the Commission submits the report required under section 5(c) to Congress.


		II
		110th CONGRESS
		2d Session
		S. 3415
		IN THE SENATE OF THE UNITED STATES

			July 31, 2008
			Mr. Baucus (for himself
			 and Mr. Tester) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To authorize the construction of the Dry-Redwater
		  Regional Water Authority System in the State of Montana and a portion of
		  McKenzie County, North Dakota, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Dry-Redwater Regional Water
			 Authority System Act of 2008.
		2.Findings;
			 purpose
			(a)FindingsCongress
			 finds that—
				(1)there are
			 insufficient available supplies of safe water to meet the minimum health and
			 safety standards of the citizens of—
					(A)Dawson, Garfield,
			 McCone, Prairie, and Richland Counties of the State; and
					(B)McKenzie County,
			 North Dakota;
					(2)McCone and
			 Garfield Counties of the State were—
					(A)directly and
			 physically impacted when the Fort Peck Dam was constructed; and
					(B)to receive
			 certain impact benefits as a result of the Pick-Sloan program; and
					(3)the water that is
			 contained in the Fort Peck Dam reservoir is managed for purposes relating
			 to—
					(A)flood
			 control;
					(B)the production of
			 hydroelectric power;
					(C)irrigation;
					(D)the maintenance
			 of a public water supply;
					(E)the conservation
			 of fish and wildlife;
					(F)recreation;
			 and
					(G)the improvement
			 of water quality.
					(b)PurposeThe
			 purpose of this Act is to ensure a safe and adequate municipal, rural, and
			 industrial water supply for the citizens of—
				(1)Dawson, Garfield,
			 McCone, Prairie, and Richland Counties of the State; and
				(2)McKenzie County,
			 North Dakota.
				3.DefinitionsIn this Act:
			(1)AdministratorThe
			 term Administrator means the Administrator of the Western Area
			 Power Administration.
			(2)AuthorityThe
			 term Authority means—
				(A)the Dry-Redwater
			 Regional Water Authority, which is a publicly owned nonprofit water authority
			 formed in accordance with Mont. Code Ann. § 75–6–302 (2007); and
				(B)any nonprofit
			 successor entity.
				(3)Firm power
			 rateThe term firm power rate means the rate charged
			 by the Administrator for the Pick-Sloan Missouri Basin Program—Eastern
			 Division.
			(4)Pick-Sloan
			 programThe term Pick-Sloan program means the
			 Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of
			 December 22, 1944 (commonly known as the Flood Control Act of
			 1944) (58 Stat. 891, chapter 665)).
			(5)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(6)StateThe
			 term State means the State of Montana.
			(7)Water
			 SystemThe term Water System means the Dry-Redwater
			 Regional Water Authority System authorized under section 4 for—
				(A)Dawson, Garfield,
			 McCone, Prairie, and Richland Counties of the State; and
				(B)McKenzie County,
			 North Dakota.
				4.Dry-Redwater
			 Regional Water Authority System
			(a)Cooperative
			 agreement
				(1)In
			 generalThe Secretary shall enter into a cooperative agreement
			 with the Authority to provide Federal assistance for the planning, design, and
			 construction of the Water System.
				(2)RequirementsA
			 cooperative agreement entered into under paragraph (1) shall specify, in a
			 manner that is acceptable to the Secretary and the Authority—
					(A)the
			 responsibilities of each party to the cooperative agreement relating to the
			 Water System, including—
						(i)the
			 final engineering report;
						(ii)an
			 environmental and cultural resource study;
						(iii)engineering and
			 design;
						(iv)construction;
						(v)water
			 conservation measures; and
						(vi)administration
			 of contracts relating to the performance of the activities described in clauses
			 (i) through (v);
						(B)any procedure or
			 requirement relating to—
						(i)the
			 carrying out of each activity described in subparagraph (A); and
						(ii)the approval and
			 acceptance of the design and construction of the Water System; and
						(C)the rights,
			 responsibilities, and liabilities of each party to the cooperative
			 agreement.
					(b)Use of Federal
			 funds
				(1)Federal
			 share
					(A)In
			 generalThe Federal share of the costs relating to the planning,
			 design, and construction of the Water System shall not exceed 75 percent of the
			 total cost of the Water System.
					(B)LimitationAmounts
			 made available under subparagraph (A) shall not be returnable or reimbursable
			 under the reclamation laws.
					(2)Compliance with
			 cooperative agreementFederal funds made available to carry out
			 this section shall be obligated and expended in accordance with a cooperative
			 agreement entered into by the Secretary under subsection (a)(1).
				(c)ComponentsComponents
			 of the Water System facilities for which Federal funds may be obligated and
			 expended under this section shall include—
				(1)facilities
			 relating to—
					(A)water
			 intake;
					(B)water
			 pumping;
					(C)water treatment;
			 and
					(D)water
			 storage;
					(2)transmission
			 pipelines and pumping stations;
				(3)appurtenant
			 buildings, maintenance equipment, and access roads;
				(4)any
			 interconnection facility that connects a pipeline of the Water System to a
			 pipeline of a public water system;
				(5)distribution,
			 pumping, and storage facilities that—
					(A)serve the needs
			 of citizens who use public water systems;
					(B)are in existence
			 on the date of enactment of this Act; and
					(C)may be purchased,
			 improved, and repaired in accordance with a cooperative agreement entered into
			 by the Secretary under subsection (a)(1);
					(6)electrical power
			 transmission and distribution facilities required for the operation and
			 maintenance of the Water System;
				(7)any other
			 facility or service required for the development of a rural water distribution
			 system, as determined by the Secretary; and
				(8)any property or
			 property right required for the construction or operation of a facility
			 described in this subsection.
				(d)Service
			 areaThe service area of the Water System shall be—
				(1)the area of
			 Garfield and McCone Counties in the State;
				(2)the area west of
			 the Yellowstone River in Dawson and Richland Counties in the State;
				(3)the area
			 including, and north of, Township 15N in Prairie County in the State;
			 and
				(4)the portion of
			 McKenzie County, North Dakota, that includes all land that is located west of
			 the Yellowstone River in the State of North Dakota.
				(e)Limitation on
			 availability of construction fundsThe Secretary shall not
			 obligate funds for construction of the Water System until the date—
				(1)on which the
			 Water System complies with each requirement under the
			 National Environmental Policy Act of
			 1969 (42 U.S.C. 4321 et seq.);
				(2)that is 90 days
			 after the date of receipt by Congress of the final engineering report described
			 in subsection (a)(2)(A)(i) that is approved by the Secretary; and
				(3)on which the
			 Secretary publishes a written finding that the water conservation plan
			 developed pursuant to section 6 contains water conservation measures for the
			 operation of the Water System that are—
					(A)prudent;
					(B)reasonable;
			 and
					(C)economically and
			 financially feasible.
					(f)Limitation on
			 use of Federal funds
				(1)In
			 generalAny cost relating to the operation, maintenance, or
			 replacement of the Water System—
					(A)shall not be a
			 Federal responsibility; and
					(B)shall be paid by
			 the Water System.
					(2)Federal
			 fundsThe Secretary shall not obligate or expend Federal funds
			 for the operation, maintenance, or replacement of the Water System.
				(g)Title to the
			 Water SystemTitle to the Water System shall be held by the
			 Authority.
			5.Use of power
			 from Pick-Sloan program
			(a)FindingsCongress
			 finds that McCone and Garfield Counties in the State were designated—
				(1)as impact
			 counties during the period in which the Fort Peck Dam was constructed;
			 and
				(2)to receive impact
			 mitigation benefits in accordance with the Pick-Sloan program.
				(b)Availability of
			 power
				(1)In
			 generalSubject to paragraph (2), the Administrator shall make
			 available to the Water System a quantity of power required to meet the pumping
			 and incidental operation requirements of the Water System—
					(A)from the water
			 intake facilities; and
					(B)through—
						(i)the
			 water treatment facilities; and
						(ii)all first water
			 distribution pumping facilities.
						(2)EligibilityThe
			 Water System shall be eligible to receive power under paragraph (1) if the
			 Water System—
					(A)operates on a
			 not-for-profit basis; and
					(B)is constructed
			 pursuant to a cooperative agreement entered into by the Secretary under section
			 4(a)(1).
					(3)RateThe
			 Administrator shall establish the cost of the power described in paragraph (1)
			 at the firm power rate.
				(4)Recovery of
			 expensesThe Administrator shall recover the costs associated
			 with the quantity of power used by the Authority under paragraph (1).
				(5)Responsibility
			 for expensesThe Authority shall be responsible for the payment
			 of the costs described in paragraph (4).
				6.Water
			 conservation plan
			(a)In
			 generalThe Authority shall develop a water conservation plan
			 containing—
				(1)a description of
			 water conservation objectives;
				(2)a description of
			 appropriate water conservation measures; and
				(3)a time schedule
			 for carrying out the measures described in paragraph (2) and this Act to meet
			 the water conservation objectives described in paragraph (1).
				(b)Design
			 requirementThe water conservation plan developed under
			 subsection (a) shall be designed to ensure that users of water provided by the
			 Water System will use the best practical technology and management techniques
			 to conserve water.
			(c)Public
			 participationSection 210(c) of the Reclamation Reform Act of
			 1982 (43 U.S.C. 390jj(c)) shall apply to each activity carried out under this
			 Act.
			7.Authorization of
			 appropriations
			(a)Water
			 SystemThere is authorized to be appropriated to carry out the
			 planning, design, and construction of the Water System $115,116,000 for the
			 period of fiscal years 2009 through 2019.
			(b)Cost
			 indexingThe amount authorized to be appropriated under
			 subsection (a) may be increased or decreased in accordance with ordinary
			 fluctuations in development costs incurred after January 1, 2008, as indicated
			 by any available engineering cost indices applicable to construction activities
			 that are similar to the construction of the Water System.


		I
		112th CONGRESS
		1st Session
		H. R. 2014
		IN THE HOUSE OF REPRESENTATIVES

			May 26, 2011
			Mr. Carter (for
			 himself, Mr. Boren, and
			 Mr. Rogers of Alabama) introduced the
			 following bill; which was referred to the Committee on Ways and Means

		A BILL
		To encourage greater use of propane as a transportation
		  fuel, to create jobs, and for other purposes.

		1.Short title, etc
			(a)Short
			 titleThis Act may be cited
			 as the Propane Green Autogas Solutions
			 Act of 2011.
			(b)Amendment of
			 1986 codeExcept as otherwise expressly provided, whenever in
			 this Act an amendment is expressed in terms of an amendment to a section or
			 other provision, the reference shall be considered to be made to a section or
			 other provision of the Internal Revenue Code of 1986.
			2.Modification and
			 extension of alternative fuel credit
			(a)Alternative fuel
			 creditParagraph (5) of section 6426(d) is amended by inserting
			 , and December 31, 2016, in the case of any sale or use involving
			 liquefied petroleum gas) after hydrogen.
			(b)Alternative fuel
			 mixture creditParagraph (3) of section 6426(e) is amended by
			 inserting , and December 31, 2016, in the case of any sale or use
			 involving liquefied petroleum gas) after
			 hydrogen.
			(c)Payments
			 relating to alternative fuel and alternative fuel
			 mixturesParagraph (6) of section 6427(e) is amended—
				(1)in subparagraph
			 (C)—
					(A)by striking
			 subparagraph (D) in subparagraph (C) and inserting
			 subparagraphs (D) and (E), and
					(B)by striking
			 and at the end thereof,
					(2)by striking the
			 period at the end of subparagraph (D) and inserting , and,
			 and
				(3)by adding at the
			 end the following:

						(E)any alternative
				fuel or alternative fuel mixture (as so defined) involving liquefied petroleum
				gas sold or used after December 31,
				2016.
						.
				(d)Effective
			 dateThe amendments made by this section shall apply to liquefied
			 petroleum gas sold or used after the date of the enactment of this Act.
			3.Extension and
			 modification of new qualified alternative fuel motor vehicle credit
			(a)In
			 generalParagraph (4) of section 30B(k) is amended by inserting
			 (December 31, 2016, in the case of a vehicle powered by liquefied
			 petroleum gas) before the period at the end.
			(b)Effective
			 dateThe amendment made by this section shall apply to property
			 placed in service after the date of the enactment of this Act.
			4.Extension of
			 alternative fuel vehicle refueling property credit
			(a)In
			 generalSubsection (g) of section 30C is amended by striking
			 and at the end of paragraph (1), by redesignating paragraph (2)
			 as paragraph (3), and by inserting after paragraph (1) the following new
			 paragraph:

					(2)in the case of
				property relating to liquefied petroleum gas, after December 31, 2016,
				and
					.
			(b)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after the date of the enactment of this Act.


117 HR 3438 IH: Northern Mariana Islands Entrepreneurship Act of 2021
U.S. House of Representatives
2021-05-20
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.

I117th CONGRESS1st SessionH. R. 3438IN THE HOUSE OF REPRESENTATIVESMay 20, 2021Mr. Sablan (for himself and Mrs. Radewagen) introduced the following bill; which was referred to the Committee on Small BusinessA BILLTo amend the microloan program of the Small Business Act to define State, and for other purposes.1.Short titleThis Act may be cited as the Northern Mariana Islands Entrepreneurship Act of 2021.2.Microloan program; definitionsParagraph (11) of section 7(m) of the Small Business Act (15 U.S.C. 636(m)(11)) is amended—(1)in clause (ii) of subparagraph (C), by striking rural and all that follows to the end of the clause and inserting rural;;(2)in subparagraph (D), by striking the period at the end and inserting ; and; and(3)by adding at the end the following new subparagraph: (E)the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa..


IV
111th CONGRESS
1st Session
H. RES. 209
In the House of Representatives, U. S.,

October 13, 2009

RESOLUTION
Commemorating the 80th anniversary of the Daughters of Penelope, a preeminent international women's association and affiliate organization of the American Hellenic Educational Progressive Association (AHEPA).

Whereas generations of Greek-Americans have worked alongside their fellow Americans to build a more perfect Union, and the United States is a stronger country because of them;
Whereas Greek-Americans have served ably in their communities in numerous capacities, such as government, including five-term Maryland Senator Paul S. Sarbanes, and in the Armed Services in every war in which the United States fought since World War I, including patriots such as George Dilboy, a World War I Medal of Honor recipient;
Whereas the Daughters of Penelope is a leading international organization of women of Hellenic descent and Philhellenes, founded November 16, 1929, in San Francisco, California, to improve the status and well-being of women and their families and to provide women the opportunity to make significant contributions to their community and country;
Whereas the mission of the Daughters of Penelope is to promote the ideals of ancient Greece (namely, philanthropy, education, civic responsibility, good citizenship, and family and individual excellence) through community service and volunteerism;
Whereas the chapters of the Daughters of Penelope sponsor affordable and dignified housing to the Nation’s senior citizen population by participating in the Department of Housing and Urban Development’s section 202 housing program;
Whereas Penelope House, a domestic violence shelter for women and their children sponsored by the Daughters of Penelope, is the first of its kind in the State of Alabama and is recognized as a model shelter for others to emulate throughout the United States;
Whereas the Daughters of Penelope Foundation, Inc., supports the educational objectives of the Daughters of Penelope by providing tens of thousands of dollars annually for scholarships, sponsoring educational seminars, and donating children’s books to libraries, schools, shelters, and churches through the Open Books program;
Whereas the Daughters of Penelope is the first ethnic organization to submit oral history tapes to the Library of Congress, the tapes that provide an oral history of first generation Greek-American women in the United States;
Whereas the Daughters of Penelope promotes awareness and research on medical diseases, such as cancer, thalassemia (Cooley’s anemia), lymphangioleiomyomatosis (LAM), Alzheimer’s disease, muscular dystrophy, and others;
Whereas the Daughters of Penelope provides financial support for many medical research and charitable organizations, such as the University of Miami Sylvester Comprehensive Cancer Center (formerly the Papanicolaou Cancer Center), the Alzheimer’s Foundation, the American Heart Association, the Special Olympics, the Barbara Bush Foundation for Literacy, the Children’s Wish Foundation, UNICEF, Habitat for Humanity, St. Basil Academy, and others;
Whereas Greek-American directors and performers, such as Elia Kazan, Olympia Dukakis, and Maria Callas, enriched the arts, and medical researcher, Dr. George Papanicolaou, also known as the The Father of Cytology, saved millions of lives by inventing the Pap Test;
Whereas countless Greek-Americans have risen to become leaders of commerce and industry, thus fulfilling the American Dream;
Whereas the Daughters of Penelope provides support and financial assistance to victims and communities affected by natural disasters, such as hurricanes, earthquakes, and forest fires;
Whereas the Daughters of Penelope, founded November 16, 1929, celebrates its 80th anniversary as a preeminent international women’s association and affiliate organization of the American Hellenic Educational Progressive Association (AHEPA); and
Whereas Americans can trace the concept and ideals of democracy to the ancient Greeks: Now, therefore, be it

That the House of Representatives recognizes the significant contributions of American citizens of Greek ancestry and Philhellenes, and the Daughters of Penelope to the United States.

Lorraine C. Miller,Clerk.


		II
		111th CONGRESS
		2d Session
		S. 3770
		IN THE SENATE OF THE UNITED STATES

			September 13, 2010
			Mr. Feingold (for
			 himself and Mr. Leahy) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 to improve elementary and secondary education.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Flexibility and Innovation in
			 Education Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. References.
					Sec. 3. Findings.
					Sec. 4. State and local flexibility in assessment and
				accountability models.
					Sec. 5. Privacy protections for data systems.
					Sec. 6. Improvements to the peer review process.
					Sec. 7. Disaggregation of graduation rates.

			2.ReferencesExcept as otherwise expressly provided,
			 whenever in this Act an amendment or revision is expressed in terms of an
			 amendment to, or revision of, a section or other provision, the reference shall
			 be considered to be made to a section or other provision of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
		3.FindingsCongress makes the following
			 findings:
			(1)State and local
			 governments bear the majority of the cost of and responsibility for educating
			 public elementary school and secondary school students.
			(2)State and local
			 governments often struggle to find adequate funding to provide basic
			 educational services.
			(3)The Federal
			 Government has not provided its full share of funding for numerous federally
			 mandated elementary and secondary education programs.
			(4)Underfunded
			 Federal education mandates increase financial pressures on States and local
			 educational agencies.
			(5)States and local
			 educational agencies are facing increased costs when implementing the annual
			 student academic assessments required under section 1111(b)(3)(C)(vii) of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 6311(b)(3)(C)(vii)).
			(6)Multiple measures of student academic
			 achievement on various methods of assessment provide a more complete picture of
			 a student’s strengths and weaknesses than does a single score on a high stakes
			 standardized test.
			4.State and local
			 flexibility in assessment and accountability models
			(a)Accountability
			 definition changesSection 1111(b)(2)(A) (20 U.S.C.
			 6311(b)(2)(A)) is amended—
				(1)in the matter
			 preceding clause (i), by striking under this paragraph. and
			 inserting , as defined in the State plan in accordance with this
			 paragraph and which may be measured in terms of adequate yearly growth in
			 accordance with subparagraph (L).; and
				(2)in clause (iii),
			 by striking sanctions and inserting proven
			 interventions.
				(b)Adequate yearly
			 progress changesSection 1111(b)(2) (as amended by subsection
			 (a)) (20 U.S.C. 6311(b)(2)) is further amended—
				(1)in subparagraph
			 (B)—
					(A)by inserting
			 and, other academic indicators, as selected by the State in accordance
			 with subparagraph (C)(vii) after assessments described in
			 paragraph (3); and
					(B)by inserting
			 (which may be measured in terms of adequate yearly growth in accordance
			 with subparagraph (L)) after adequate yearly progress;
			 and
					(2)in subparagraph
			 (D)—
					(A)in clause (i), by
			 striking and after the semicolon;
					(B)by striking
			 clause (ii) and inserting the following:

							(ii)in order to
				provide a more accurate determination of school improvement and subject to
				subparagraph (C)(iv) and the approval of the Secretary, may elect to use other
				academic indicators described in clauses (vi) and (vii) of subparagraph (C)
				(except for locally administered assessments) to determine which schools and
				local educational agencies are identified for school improvement, corrective
				action, or restructuring under section 1116;
				and
							;
				and
					(C)by adding at the
			 end the following:

							(iii)shall ensure
				that the academic assessments described in paragraph (3) represent not less
				than 50 percent of the factors used to determine how academic achievement is
				measured for purposes of determining adequate yearly
				progress.
							.
					(c)Adequate yearly
			 growthSection 1111(b)(2) (20 U.S.C. 6311(b)(2)) is further
			 amended—
				(1)in subparagraph
			 (F), by inserting or, in the case of a State measuring adequate yearly
			 progress in terms of adequate yearly growth in accordance with subparagraph
			 (L), all students in each group described in subparagraph (C)(v) will meet the
			 State's definition of adequate yearly growth before the period at the
			 end; and
				(2)by adding at the
			 end the following:

						(L)Adequate yearly
				growthNotwithstanding any other provision of this Act, a State
				may elect in the State plan to measure adequate yearly progress in terms of
				adequate yearly growth if the State has developed a definition of adequate
				yearly growth for the students in the State that has been approved by the
				Secretary. In the case of a State that makes such an election and that has
				obtained approval of the State's definition of adequate yearly growth, all
				requirements of this paragraph with respect to adequate yearly progress shall
				apply to such State, except that—
							(i)Statewide annual
				measurable objectives shall, in lieu of the requirements of clauses (iii) and
				(iv) of subparagraph (G)—
								(I)identify a
				minimum percentage of students who are required to meet a certain level of
				adequate yearly growth, as defined by the State; and
								(II)ensure that all
				students will meet the State's definition of adequate yearly growth within the
				State's timeline under subparagraph (F); and
								(ii)the exception
				described in subparagraph (I)(i) regarding groups of students that do not meet
				the objectives shall not apply to schools in such
				State.
							.
				(d)State
			 flexibility To design growth modelsSection 1111(b)(2) (20 U.S.C.
			 6311(b)(2)) is further amended by adding at the end the following:

					(M)State
				flexibility to design growth models
						(i)In
				generalNotwithstanding any other provisions of this section, in
				carrying out this section a State may choose to develop and use a growth model
				accountability system for the purposes of determining adequate yearly progress
				by measuring adequate yearly growth in accordance with subparagraph (L).
						(ii)Requirements
				for growth modelsA growth model accountability system referred
				to in clause (i) shall meet the following requirements:
							(I)Valid,
				reliable, and accurate measuresThe growth model uses valid,
				reliable, and accurate measures.
							(II)Sufficient
				technical quality and capacityThe growth model has sufficient
				technical quality and technical capacity to ensure the growth model can
				function fairly and accurately for each student.
							(III)Statewide
				privacy-protected data systemThe growth model has a statewide
				privacy-protected data system capable of tracking individual students’
				growth.
							(IV)Annual
				assessmentsThe State annually assesses students in grades 3
				through 8 and once in grades 9 through 12 and such assessments produce reliable
				results in each grade and from year to year.
							(V)Performance
				measures or growth targetsThe State may set performance measures
				or growth targets based on a student’s current academic level, but may not set
				performance measures or growth targets for students on the basis of the
				student’s membership in 1 of the groups listed in subparagraph
				(C)(v)(II).
							(VI)Ability to
				evaluateThe State is able to evaluate student gains or progress
				in, at a minimum, mathematics and reading or language arts.
							(iii)LimitationParagraph
				(3)(E) shall not apply to a State that chooses to use a growth model
				accountability system under this
				subparagraph.
						.
			(e)Multiple
			 measures of assessmentSection 1111(b)(3) is further
			 amended—
				(1)in subparagraph
			 (C)—
					(A)in clause (xiv),
			 by striking and after the semicolon;
					(B)in clause (xv),
			 by striking the period and inserting ; and; and
					(C)by adding at the
			 end the following:

							(xvi)if the State
				chooses, include other valid and reliable assessments, including performance
				assessments, technology-based assessments, thorough course assessments,
				adaptive assessments, and appropriate assessments for students with
				disabilities and English language learners, that—
								(I)are aligned with
				the State’s academic content standards and student academic achievement
				standards;
								(II)are capable of
				measuring student academic growth;
								(III)are fair,
				valid, reliable, and capable of producing comparable and disaggregated results
				for all students, including all student subgroups described in section
				1111(b)(2)(C)(v)(II);
								(IV)are able to
				measure readiness for postsecondary education or the workplace;
								(V)use scoring
				mechanisms that enable the assessments to be scored in such a way as to produce
				fair, valid, reliable, and comparable results for all students;
								(VI)have been
				approved through the peer-review process described in subsection (e);
								(VII)measure
				higher-order thinking skills;
								(VIII)produce
				evidence about student learning and achievement in a timely manner; and
								(IX)provide teachers
				with meaningful feedback so that the teachers can modify, improve, and target
				instructional strategies based on individual student
				need.
								.
					(f)State
			 flexibility To test in grade spansSection 1111(b)(3) (20 U.S.C.
			 6311(b)(3)) is further amended by adding at the end the following:

					(E)State
				flexibility to test in grade spans
						(i)In
				generalNotwithstanding clauses (v) and (vii) of subparagraph (C)
				or any other provision in this Act and subject to clause (ii), a State may
				elect to administer the assessments required under this paragraph not less
				than—
							(I)once during
				grades 3 through 5;
							(II)once during
				grades 6 through 8; and
							(III)once during
				grades 9 through 12.
							(ii)RequirementsIf
				a State exercises the flexibility regarding administering assessments provided
				under clause (i), the State shall ensure that the State has statewide systems
				in place to monitor and report the academic progress and growth of students in
				core academic subjects in grades for which the State is not administering the
				assessments under this
				paragraph.
						.
			5.Privacy
			 protections for data systemsSubpart 1 of part A of title I of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is
			 amended by adding at the end the following:

				1120C.Privacy
				protections for data systems
					(a)In
				generalEach State receiving a grant under this part shall
				implement measures to—
						(1)limit the use of
				information in a statewide education data system by a State educational agency,
				a local educational agency, or an institution of higher education to the
				purposes and functions for such information set forth in Federal or State
				education law, and allow access to the information in the statewide education
				data system only to those State or local employees or agents, and only on such
				terms, as may be necessary to fulfill those purposes and functions;
						(2)prohibit the
				disclosure of student-level information in the data system to any other person,
				agency, institution, or entity, except that States may allow the disclosures
				permitted under section 444 of the General Education Provisions Act (commonly
				referred to as the Family Educational Rights and Privacy Act of
				1974) in accordance with the limitations set forth in this section and
				any additional limitations set forth in State law;
						(3)require any
				person, agency, institution, or entity to whom disclosure of information in the
				data system is authorized under section 444 of such Act to sign a data use
				agreement prior to disclosure, that—
							(A)prohibits the
				party from further disclosing the information;
							(B)prohibits the
				party from using the information for any purpose other than the purpose
				specified in the agreement; and
							(C)requires the
				party to destroy the information when the purpose for which the disclosure was
				made is accomplished;
							(4)if consistent
				with the purpose of the disclosure, remove personally identifying information
				and unique identifiers before disclosing student-level information in the data
				system;
						(5)in addition to
				meeting the accounting requirements under section 444 of such Act, maintain a
				record of the date of each disclosure of information in the data system, a
				detailed description of the information disclosed, and the name and address of
				the person, agency, institution, or entity to whom the disclosure was made,
				which accounting shall be made available on request to parents of any student
				whose information has been disclosed, or to the student if the student has
				reached the age of 18 or is enrolled in a postsecondary educational
				institution;
						(6)ensure that any
				disclosure of aggregate data in the data system is in a form that does not
				permit the identification of individual students, and that any unique
				identifiers in the data system are removed prior to disclosure of aggregate
				data;
						(7)maintain adequate
				security measures to ensure the confidentiality and integrity of the data
				system; and
						(8)ensure adequate
				enforcement of the requirements of this section.
						(b)Use of unique
				identifiers
						(1)Governmental
				use of unique identifiersIt shall be unlawful for any Federal
				agency, any employee of any Federal agency, any State or local agency in a
				State that receives funds under this Act, or any employee of a State or local
				agency in a State that receives funds under this Act, to use unique identifiers
				employed in a statewide education data system for any purpose other than as
				authorized by Federal or State education law, or to deny any individual any
				right, benefit, or privilege provided by law because of such individual’s
				refusal to disclose the individual’s unique identifier.
						(2)RegulationsNot
				later than 1 year after the date of enactment of the
				Flexibility and Innovation in Education
				Act, the Secretary shall promulgate regulations governing the use
				of unique identifiers employed in statewide education data systems, with the
				goal of safeguarding individual privacy. The regulations may require States
				seeking grants under this part to have in place measures to limit the use of
				unique identifiers by nongovernmental parties to the extent practicable,
				consistent with the uses of the information authorized in Federal or State
				education law.
						(c)Formula grants
				for privacy protected data systems
						(1)Grants
				authorizedFrom amounts appropriated under paragraph (4), the
				Secretary is authorized to make grants, from allotments under paragraph (2), to
				States receiving grants under section 1121, for the purposes of carrying out
				the requirements of this section related to privacy protections and unique
				identifiers.
						(2)Allotment
				formulaThe Secretary shall establish a formula for the allotment
				of grants under this subsection that ensures that each State receives an
				equitable share of the amount allotted based upon relevant State factors,
				including student population size.
						(3)Definition of
				StateIn this subsection the term State means each
				of the several States of the United States, the District of Columbia, and the
				Commonwealth of Puerto Rico.
						(4)Authorization
				of appropriationsFrom the amounts appropriated to and available
				for Program Administration within the Departmental Management account in the
				Department of Education for each of fiscal years 2011 through 2015, there are
				authorized to be appropriated to carry out this subsection $1,000,000 for each
				such fiscal
				year.
						.
		6.Improvements to
			 the peer review processSection 1111(e)(1) (20 U.S.C. 6311(e)(1)) is
			 further amended—
			(1)by striking
			 subparagraph (B);
			(2)by redesignating
			 subparagraphs (C) through (F) as subparagraphs (F) through (I),
			 respectively;
			(3)by inserting
			 after subparagraph (A) the following:

					(B)develop, and
				update, a list of individuals the Secretary has determined to be eligible under
				subparagraph (C)(i) to be appointed to the peer review process under this
				subsection, which list shall include eligible individuals recommended by State
				educational agencies, local educational agencies, and professional educational
				associations;
					(C)using the list
				described in subparagraph (B), appoint individuals to the peer review process,
				ensuring that—
						(i)the individuals
				appointed to the peer review process are—
							(I)representative of
				parents, teachers, State educational agencies, local educational agencies, and
				professional education associations; and
							(II)skilled
				practitioners or education researchers with knowledge of fair, valid, and
				reliable assessment design, including individuals with expertise in 1 or more
				of the following:
								(aa)developing
				educational standards;
								(bb)developing valid
				and reliable assessments for all students, including alternative assessments
				for students with disabilities and English language learners;
								(cc)creating valid
				accountability models;
								(dd)accurately
				assessing the needs of low-performing schools; or
								(ee)adequately
				measuring the other educational needs of students so that issues relating to
				the education of the whole child are addressed; and
								(ii)each peer review
				panel used in the process contains—
							(I)not less than 1
				representative recommended for inclusion on the list described in subparagraph
				(B) by State educational agencies;
							(II)not less than 1
				representative recommended for the list by local educational agencies;
							(III)not less than 1
				representative recommended for the list by professional educational
				associations;
							(IV)not less than 1
				representative recommended for the list by the Secretary; and
							(V)not less than 1
				representative who works in a school;
							(D)ensure that there
				is consistency from State to State with respect to all decisions reached by the
				peer review panels;
					(E)ensure that
				States are given the opportunity to receive timely feedback from peer review
				teams, in person or via electronic communication, and directly interact with
				peer review panels on issues that need clarification during the peer review
				process;
					;
			(4)in subparagraph
			 (H)(iii) (as redesignated by paragraph (2)), by striking and
			 after the semicolon;
			(5)in subparagraph
			 (I) (as redesignated by paragraph (2)), by striking the period and inserting a
			 semicolon; and
			(6)by adding at the
			 end the following:

					(J)post all approval
				and denial decisions regarding the State plans and final State plans, State
				plan amendments, and waiver decisions for each State plan, on a publicly
				available website in an easily identifiable location, and provide written
				notification to States of all such decisions within 3 business days of such
				decisions; and
					(K)direct the
				Inspector General of the Department to review the final determinations reached
				by the Secretary under this subsection for consistent decisionmaking through
				the peer review process across all States and report the findings to Congress
				once every 2
				years.
					.
			7.Disaggregation
			 of graduation ratesSection
			 1111(h)(1)(C)(vi) (20 U.S.C. 6311(h)(1)(C)) is amended by inserting before the
			 semicolon the following: , disaggregated by the student subgroups
			 described in subsection (b)(2)(C)(v)(II)..


117 HR 101 IH: Citizen Legislature Anti-Corruption Reform of Public Service Act
U.S. House of Representatives
2021-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 101IN THE HOUSE OF REPRESENTATIVESJanuary 4, 2021Mr. Fitzpatrick (for himself and Mr. Gallagher) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title 5, United States Code, to terminate pensions for Members of Congress, and for other purposes.1.Short titleThis Act may be cited as the Citizen Legislature Anti-Corruption Reform of Public Service Act or the CLEAN Public Service Act.2.Termination of further retirement benefits for Members of Congress(a)Amendments relating to the Civil Service Retirement System(1)In generalSubchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following:8335a.Termination of further retirement coverage of Members of Congress(a)In generalNotwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section—(1)a Member shall not be subject to this subchapter for any further period of time; and(2)no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund.(b)Prior rights not affectedNothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section.(c)Right To participate in thrift savings plan not affectedNothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law.(d)RegulationsAny regulations necessary to carry out this section may—(1)except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and(2)with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).(e)ExclusionFor purposes of this section, the term Member does not include the Vice President..(2)Clerical amendmentThe table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following:8335a. Termination of further retirement coverage of Members of Congress..(b)Amendments relating to the Federal Employees Retirement System(1)In generalSubchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following:8425a.Termination of further retirement coverage of Members of Congress(a)In generalNotwithstanding any other provision of this chapter, effective on the date that is 90 days after the date of enactment of this section—(1)subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment—(A)such Member shall not be subject to this chapter for any further period of time after such date of enactment; and(B)no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and(2)in the case of an individual who first becomes a Member on or after such date of enactment—(A)such Member shall not be subject to this chapter; and(B)no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund.(b)Prior rights not affectedNothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section.(c)Right To participate in thrift savings plan not affectedNothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law.(d)Regulations(1)In generalAny regulations necessary to carry out this section may—(A)except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and(B)with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)).(2)RefundsNotwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment.(e)ExclusionsFor purposes of this section, the term Member does not include the Vice President..(2)Clerical amendmentThe table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following:8425a. Termination of further retirement coverage of Members of Congress..