[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 857 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 857
To amend the Elementary and Secondary Education Act of 1965 to aid
gifted and talented learners, including high-ability learners not
formally identified as gifted.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2011
Mr. Grassley (for himself and Mr. Casey) 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 aid
gifted and talented learners, including high-ability learners not
formally identified as gifted.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``To Aid Gifted and
High-Ability Learners by Empowering the Nation's Teachers Act'' or the
``TALENT Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. References.
TITLE I--IMPROVING BASIC PROGRAM REQUIREMENTS
Sec. 101. State plans.
Sec. 102. Annual State report cards.
Sec. 103. Local educational agency plans.
TITLE II--IMPROVING TEACHING FOR GIFTED AND TALENTED STUDENTS
Sec. 201. State plans.
Sec. 202. Local plans.
TITLE III--GIFTED AND TALENTED STUDENTS IN RURAL SCHOOLS
Sec. 301. Small rural school achievement program.
Sec. 302. Rural and low-income school program.
TITLE IV--AIDING GIFTED AND HIGH-ABILITY LEARNERS BY EMPOWERING THE
NATION'S TEACHERS
Sec. 401. Establishment of TALENT program.
TITLE V--GENERAL PROVISIONS
Sec. 501. Definitions.
Sec. 502. Repeal of the Jacob K. Javits gifted and talented program.
Sec. 503. Technical and conforming amendments.
Sec. 504. Effective date.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Academically gifted and talented students make up an
estimated 6 to 10 percent of the prekindergarten through grade
12 student population, totaling between 3,000,000 and 6,000,000
students.
(2) There is a growing gap at the highest levels of
achievement between the performance of subgroups of students,
particularly between the performance of students who are
African-American or Hispanic and the performance of White
students, on statewide assessments and on the National
Assessment of Educational Progress.
(3) Students with gifts and talents, and high-ability
students who have not been formally identified for gifted
education services, require modifications to the general
education curriculum to fully meet their potential.
(4) Effective assessment and instruction of students with
gifts and talents requires educators to have specialized
knowledge and skills.
(5) Ninety percent of teachers nationwide want more
professional development focused on the skills necessary for
teaching advanced students.
(6) Interventions and strategies that have been
demonstrated to be successful with gifted and talented students
can be modified to improve the achievement of all students.
(7) The availability of gifted education programs and
services to students who require such services is unequal and
often relies solely on local resources and leadership, leaving
many high-ability students from rural areas or who are English
language learners or Hispanic, African-American, or Native
American, among others, without access to appropriate services.
(8) There are an estimated 360,000 students in the United
States who are both gifted and have a disability. These ``twice
exceptional'' children present special challenges because their
disability often masks their academic potential or their
academic strengths may mask their disability, resulting in a
lack of services and supports for this student population.
(9) The development and dissemination of research and
national data on gifted and talented students is necessary to--
(A) guide evidence-based classroom practices vital
to meeting the unique needs of this population of
students; and
(B) contribute to the decisionmaking of educators,
families, and policymakers.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Elementary and Secondary
Education Act (20 U.S.C. 6301 et seq.).
TITLE I--IMPROVING BASIC PROGRAM REQUIREMENTS
SEC. 101. STATE PLANS.
(a) Accountability.--Section 1111(b)(2)(A) (20 U.S.C.
6311(b)(2)(A)) is amended--
(1) in clause (ii), by striking ``and'' after the
semicolon;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) include a recognition program for
local educational agencies in the State that,
for each category of students described in
subsection (b)(2)(C)(v), significantly increase
the proportion of students scoring at or above
the advanced level of achievement on the State
academic assessments under subsection
(a)(3).''.
(b) State Assessments.--Section 1111(b)(3) (20 U.S.C. 6311(b)(3))
is amended--
(1) in subparagraph (A)--
(A) by inserting ``vertically scaled,'' after
``high-quality,''; and
(B) by inserting ``and exceed'' after ``children to
meet''; and
(2) 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) measure the full spectrum of
student learning, by being, at a minimum--
``(I) vertically scaled in
alignment with the State academic
content standards and student academic
achievement standards; and
``(II) able to determine student
mastery of content standards above the
grade level in which the student is
enrolled.''.
(c) Accountability System.--Section 1111(b) (20 U.S.C. 6311(b)) is
amended--
(1) in paragraph (8)--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) the specific steps the State educational
agency will take to assist each local educational
agency and school affected by the State plan to provide
additional educational assistance to individual
students who--
``(i) perform at the advanced level of
achievement on the State academic assessments
described in paragraph (3); and
``(ii) are gifted and talented (including
high-ability students who have not been
formally identified for gifted education
services); and''; and
(2) in paragraph (10)(B), by inserting ``, including
students who score at the advanced level of achievement on
State academic assessments described in paragraph (3) and
students who are gifted and talented (including high-ability
students who have not been formally identified for gifted
education services)'' before the period at the end.
SEC. 102. ANNUAL STATE REPORT CARDS.
Section 1111(h)(1)(C) (20 U.S.C. 6311(h)(1)(C)) is amended--
(1) in clause (vii), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating clause (viii) as clause (ix); and
(3) by inserting after clause (vii) the following:
``(viii) the most recent 2-year trend in
student achievement for students scoring in the
highest 10 percent on the State academic
assessments under subsection (a)(3), in each
subject area, and each grade level, for which
such assessments are required, disaggregated by
each of the categories described in subsection
(b)(2)(C)(v); and''.
SEC. 103. LOCAL EDUCATIONAL AGENCY PLANS.
(a) Plan Provisions.--Section 1112(b)(1) (20 U.S.C. 6312(b)(1)) is
amended--
(1) in subparagraph (P), by striking ``and'' after the
semicolon;
(2) in subparagraph (Q), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(R) a description of how the local educational
agency will identify gifted and talented students,
including high-ability students who have not previously
been formally identified for gifted education services,
and provide services to support the learning needs of
such students to ensure that such students make
appropriate learning gains.''.
(b) Schoolwide Programs.--Section 1114(b)(1) (20 U.S.C. 6314(b)(1))
is amended by adding at the end the following:
``(K) A description of how the school will identify
gifted and talented students, including high-ability
students who have not previously been formally
identified for gifted education services, and provide
services to support such students' learning needs to
ensure that such students make appropriate learning
gains.''.
(c) Targeted Assistance Schools.--Section 1115(c)(1) (20 U.S.C.
6315(c)(1)) is amended--
(1) in subparagraph (G), by striking ``and'' after the
semicolon;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(I) describe how the school will identify gifted
and talented students, including high-ability students
who have not previously been formally identified for
gifted education services, and provide services to
support their learning needs to ensure that gifted and
talented and high-ability students make appropriate
learning gains.''.
TITLE II--IMPROVING TEACHING FOR GIFTED AND TALENTED STUDENTS
SEC. 201. STATE PLANS.
Section 2112(b)(5) (20 U.S.C. 6612(b)(5)) is amended by adding at
the end the following:
``(C) A description of the comprehensive strategy the State
educational agency will use to improve the teaching skills of
teachers, principals, pupil services personnel, and other
instructional leaders in order to enable them to employ
strategies that focus on--
``(i) the identification of students' specific
learning needs, particularly students with
disabilities, students who are limited English
proficient, students who are gifted and talented, and
students with low literacy levels; and
``(ii) the tailoring of academic instruction to
such needs.''.
SEC. 202. LOCAL PLANS.
Section 2122(b)(2) (20 U.S.C. 6622(b)(2)) is amended--
(1) by striking ``to eliminate the achievement'' and
inserting the following: ``to eliminate--
``(A) the achievement'';
(2) by striking ``students.'' and inserting ``students;
and''; and
(3) by adding at the end the following:
``(B) including the achievement gap between the
highest 10 percent of scores on the State academic
assessments for students in each category described in
section 1111(b)(2)(C)(v)(II), as compared to the
highest 10 percent of such scores for all students
served by the local educational agency.''.
TITLE III--GIFTED AND TALENTED STUDENTS IN RURAL SCHOOLS
SEC. 301. SMALL RURAL SCHOOL ACHIEVEMENT PROGRAM.
Section 6211 (20 U.S.C. 7345) is amended by inserting ``, including
supporting gifted and talented students, including high-ability
students who have not been formally identified for gifted education
services'' after ``local activities''.
SEC. 302. RURAL AND LOW-INCOME SCHOOL PROGRAM.
Section 6222(a)(2) (20 U.S.C. 7351a(a)(2)) is amended by striking
``and to'' and inserting ``, train teachers to meet the unique learning
needs of gifted and talented students, including high-ability students
who have not been formally identified for gifted education services,
and''.
TITLE IV--AIDING GIFTED AND HIGH-ABILITY LEARNERS BY EMPOWERING THE
NATION'S TEACHERS
SEC. 401. ESTABLISHMENT OF TALENT PROGRAM.
(a) In General.--Title II (20 U.S.C. 6601 et seq.) is amended by
adding at the end the following:
``PART E--AIDING GIFTED AND HIGH-ABILITY LEARNERS BY EMPOWERING THE
NATION'S TEACHERS
``SEC. 2501. ESTABLISHMENT OF TALENT PROGRAM.
``(a) Purposes and Objectives.--
``(1) Purposes.--The purposes of this part are--
``(A) to address the urgent need for innovation in
teaching gifted and talented students, including high-
ability students who have not been formally identified
for gifted education services, by initiating a
coordinated program of high-quality professional
development for teachers (including gifted and talented
teachers), principals, pupil services personnel, and
other instructional leaders, to support the
identification and education of gifted and talented
students, including high-ability students who have not
previously been formally identified for gifted
education services;
``(B) to spur the development and dissemination of
evidence-based best practices that elementary and
secondary schools and families can use to improve
instruction and learning by initiating evidence-based
demonstration projects that investigate the
effectiveness of services and programs to meet the
special education needs of gifted and talented
students, including high-ability students who have not
been formally identified for gifted education services;
and
``(C) to establish a National Research and
Dissemination Center for the Education of the Gifted
and Talented to conduct and synthesize research and
disseminate practical information on improving
education outcomes for gifted and talented students,
including high-ability students who have not been
formally identified for gifted education services.
``(b) Applicability to All Gifted Students.--The provisions of this
part apply to all gifted and talented students, including high-ability
students, without regard as to whether such students have been formally
identified as gifted and talented or selected for gifted education
services.
``(c) Professional Development and Best Practices Grant Program.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means an institution of higher
education or State educational agency acting in a partnership
that--
``(A) includes a State educational agency, local
educational agency, consortium of local educational
agencies, or an institution of higher education; and
``(B) may include other public agencies, private
entities, or organizations, that have demonstrated
expertise in gifted education pedagogy.
``(2) Program authorized.--
``(A) In general.--From the amounts appropriated to
carry out this subsection, the Secretary, after
consultation with experts in the field of gifted and
talented education, is authorized to award, on a
competitive basis, grants to eligible entities to
enable the eligible entities to carry out activities
supporting the purposes of subparagraph (A) or (B) of
subsection (a)(1).
``(B) Duration of demonstration project grants.--A
grant awarded to carry out the purpose described in
subsection (a)(1)(B) shall be for a period of not less
than 3 years nor more than 5 years.
``(3) Applications.--Each entity seeking a grant under this
subsection shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require. Each such application shall
describe--
``(A) in the case of an application for a grant for
the purpose described in subsection (a)(1)(A), how the
proposed professional development program is designed
in response to a needs assessment;
``(B) in the case of an application for a grant for
the purpose described in subsection (a)(1)(B)--
``(i) how the proposed demonstration
project will support the development and
dissemination of evidence-based strategies and
practices that local educational agencies and
families can use to improve the identification
and education of gifted and talented students,
including high-ability students who have not
previously been formally identified for gifted
education services; and
``(ii) how the grantee proposes to
disseminate project findings and outcomes to
general education and gifted and talented
education professionals and to parents;
``(C) where appropriate, how the professional
development program or demonstration project can be
adapted for use with all students; and
``(D) how the proposed professional development
program or demonstration project will be evaluated.
``(4) Review of demonstration project applications.--In
reviewing applications for a grant for the purpose described in
subsection (a)(1)(B), the Secretary shall select eligible
entities for such grants based on one or more of the following
priorities:
``(A) Improving methods and techniques for
identifying and serving gifted and talented students,
including high-ability students who have not previously
been formally identified for gifted education services,
from underserved populations (including economically
disadvantaged individuals, individuals with limited
English proficiency, individuals with disabilities, and
individuals from rural geographic areas).
``(B) Developing valid and reliable formative and
summative assessment instruments that accurately
measure student performance above grade level.
``(C) Increasing the ability of teachers in general
education settings to identify and instruct gifted and
talented students, including high-ability students who
have not previously been formally identified for gifted
education services.
``(D) Exploring the impact on achievement of
various school- and classroom-based educational
strategies such as multi-tiered supports and services,
accelerated learning opportunities, and enrichment.
``(E) Improving--
``(i) access to advanced programs and
services by traditionally underserved
populations; and
``(ii) the effectiveness of the programs
and services for such populations.
``(F) Replicating, on a larger scale, successful
evidence-based practices.
``(5) Authorized use of funds.--
``(A) Ensuring necessary teaching skills.--An
eligible entity receiving a grant for the purpose
described in subsection (a)(1)(A) shall use grant funds
to ensure that school personnel, including teachers,
principals, pupil services personnel, and other
instructional leaders, have the necessary teaching
skills and educational strategies to ensure that gifted
and talented students, including high-ability students
who have not been formally identified for gifted
education services, are achieving at levels
commensurate with the students' ability or aptitude, by
implementing a professional development program that--
``(i) enables school personnel to recognize
the learning differences, developmental
milestones, and cognitive and affective
characteristics of gifted and talented
students, including gifted and talented
students from diverse backgrounds and high-
ability students who have not been formally
identified for gifted education services, and
to identify the students' related academic and
social-emotional needs;
``(ii) enables educators to--
``(I) understand, plan, and
implement a range of evidence-based
strategies to assess students who are
gifted and talented, including high-
ability students who have not
previously been formally identified for
gifted education services, to
differentiate instruction, content, and
assignments for such students
(including the use of higher-order
critical and creative thinking skills),
and to nominate such students for
advanced programs or academic
acceleration, as needed; and
``(II) understand how, if
appropriate, such strategies may be
adapted for the use of all students;
and
``(iii) builds the capacity of teachers,
principals, pupil services personnel, and other
instructional leaders to identify and serve
such students.
``(B) Supporting evidence-based research
demonstration projects.--An eligible entity receiving a
grant for the purpose described in subsection (a)(1)(B)
shall use grant funds to--
``(i) conduct field-based research to
develop innovative practices, assessment tools
for gifted identification, materials, and other
practices and strategies, that are designed
specifically to address the needs of gifted and
talented students, including high-ability
students who have not been formally identified
for gifted education services; and
``(ii) provide research findings and other
grant results to the National Research and
Dissemination Center established under
subsection (d) not later than 12 months after
the completion of the grant period for
synthesis and dissemination.
``(d) National Research and Dissemination Center for the Education
of the Gifted and Talented.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means a partnership composed of not
less than one of each of the following:
``(A) An institution of higher education with
expertise in gifted and talented education.
``(B) A nonprofit organization with an established
national network of stakeholders, including parents and
classroom educators, interested in serving the unique
learning needs of gifted and talented students,
including high-ability students who have not been
formally identified for gifted education services.
``(2) Establishment of national research and dissemination
center.--From the amounts appropriated under section 2502(b)(1)
to carry out this subsection, the Secretary, through a
competitive grant process, is authorized to award a grant to an
eligible entity to enable the eligible entity to establish a
National Research and Dissemination Center for the Education of
the Gifted and Talented that is focused on the unique needs of
gifted and talented students, including high-ability students
who have not been formally identified for gifted education
services.
``(3) Authorized use of funds.--An eligible entity that
receives a grant under this subsection shall use the funds
provided under the grant to carry out all of the following
activities:
``(A) Conduct evidence-based research on methods
and techniques for identifying and serving gifted and
talented students, including high-ability students who
have not previously been formally identified for gifted
education services and, where appropriate, for using
the methods and techniques to serve all students.
``(B) Develop and disseminate evidence-based
resources on the unique learning needs of students who
are gifted and talented, including high-ability
students who have not been formally identified for
gifted education services, in order to--
``(i) support teacher training and
professional development strategies to improve
the teaching skills of teachers (including
general education, gifted and talented, and
special education teachers); and
``(ii) assist parents in supporting their
gifted and talented children's education.
``(C)(i) Synthesize research findings and
strategies (including research produced under grants
awarded under subsection (c)) on meeting the needs of
gifted and talented students, including high-ability
students who have not been formally identified for
gifted education services.
``(ii) Disseminate such research findings and
strategies widely, including to--
``(I) the regional comprehensive centers
authorized under section 203 of the Educational
Technical Assistance Act of 2002 that provide
technical assistance to States and local
educational agencies; and
``(II) the technical assistance and
dissemination centers and parent training and
information centers authorized under sections
663 and 671, respectively, of the Individuals
with Disabilities Education Act.
``(e) Annual Reporting.--Each entity receiving a grant under this
part shall submit an annual report to the Secretary that describes the
number of students served and the activities supported with funds
provided under this part.
``(f) Rule of Construction.--Nothing in this part shall be
construed to prohibit a recipient of funds under this part from serving
gifted and talented students simultaneously with students with similar
educational needs, in the same educational settings where appropriate.
``(g) Program Priorities.--In carrying out this part, the Secretary
shall ensure that not less than 50 percent of the applications approved
under subsection (c) in a fiscal year address one or more of the
following priorities:
``(1) Improving the capability of schools to plan and
conduct targeted gifted and talented interventions and academic
services to ensure that the rate of growth in academic
achievement of subgroups of gifted and talented or high-ability
students who may not be identified and served through
traditional assessment methods (including economically
disadvantaged individuals, individuals with limited English
proficiency, and individuals with disabilities) is commensurate
with their aptitude or ability.
``(2) Assisting rural schools and local educational
agencies in providing services to gifted and talented students,
including high-ability students who have not previously been
formally identified for gifted education services.
``(h) General Provisions.--
``(1) Review, dissemination, and evaluation.--The Secretary
shall--
``(A) use a peer review process in reviewing
applications under this part;
``(B) ensure that information on the activities and
results of programs and projects funded under this part
is disseminated to State educational agencies, local
educational agencies, institution of higher education
teacher preparation programs, and other appropriate
organizations, including nonprofit organizations; and
``(C) evaluate the effectiveness of programs under
this part in accordance with section 9601, in terms of
the impact on students traditionally served in separate
gifted and talented programs and on other students, and
submit the results of such evaluation to Congress not
later than 2 years after the date of enactment of the
To Aid Gifted and High-Ability Learners by Empowering
the Nation's Teachers Act.
``(2) Program operations.--The Secretary shall ensure that
the programs under this part are administered within the
Department by a person who has recognized professional
qualifications and experience in the field of gifted and
talented education. Such individual shall--
``(A) administer and coordinate the programs
authorized under this part;
``(B) serve as a focal point of national leadership
and information on the educational needs of gifted and
talented students, including high-ability students who
have not been formally identified for gifted education
services, and the availability of educational services
and programs designed to meet such needs;
``(C) assist the Director of the Institute of
Education Sciences in identifying research and data
collection priorities that reflect the needs of gifted
and talented students, including high-ability students
who have not been formally identified for gifted
education services, and would facilitate appropriate
decisionmaking by local educational agencies;
``(D) consult with other offices within the
Department of Education and in other Federal
departments or agencies regarding issues involving
gifted and talented education, and disseminate
information on gifted and talented education to such
offices and the public; and
``(E)(i) every 2 years, prepare and submit to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the
Workforce of the House of Representatives, a report on
the outcomes and promising practices developed through
programs or projects funded under this part, as well as
the condition of gifted and talented students in the
United States; and
``(ii) share such report with the Institute for
Education Sciences and the National Research and
Dissemination Center for the Education of the Gifted
and Talented established under subsection (d), in order
for the report to be disseminated nationally.
``SEC. 2502. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part $25,000,000 for fiscal year 2013 and such sums as may be
necessary for each succeeding fiscal year.
``(b) Allocation of Funding.--Of the amounts appropriated under
subsection (a) for a fiscal year, the Secretary--
``(1) shall allocate an amount not to exceed 20 percent of
the funds to carry out section 2501(d); and
``(2) shall, from the amount remaining after the allocation
under paragraph (1)--
``(A) allocate 60 percent of such remaining amount
to carry out grants described in section 2501(a)(1)(A);
and
``(B) allocate 40 percent of the remaining amount
to carry out grants described in section
2501(a)(1)(B).''.
TITLE V--GENERAL PROVISIONS
SEC. 501. DEFINITIONS.
Section 9101 (20 U.S.C. 7801) is amended--
(1) by redesignating paragraph (43) as paragraph (44); and
(2) by inserting after paragraph (42) the following:
``(43) Teaching skills.--The term `teaching skills' has the
meaning given the term in section 200 of the Higher Education
Act of 1965.''.
SEC. 502. REPEAL OF THE JACOB K. JAVITS GIFTED AND TALENTED PROGRAM.
(a) In General.--Subpart 6 of part D of title V (20 U.S.C. 7253 et
seq.) is repealed.
(b) Transition Provisions.--Notwithstanding any other provision of
law, the Secretary of Education shall take such steps as are necessary
to provide for the orderly transition to the authority of part E of
title II of the Elementary and Secondary Education Act of 1965 (as
enacted by title IV of this Act), from any authority under subpart 6 of
part D of title V of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7253 et seq.) (as such subpart was in effect on the day
before the effective date of this Act).
SEC. 503. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended--
(1) by striking the items relating to subpart 6 of part D
of title V; and
(2) by inserting after the item relating to section 2441
the following:
``PART E--Aiding Gifted and High-Ability Learners by Empowering the
Nation's Teachers
``Sec. 2501. Establishment of TALENT program.
``Sec. 2502. Authorization of appropriations.''.
(b) Amendments to Education Sciences Reform Act of 2002.--The
Education Sciences Reform Act of 2002 (20 U.S.C. 9501) is amended--
(1) in section 133(c)(2), by adding after subsection (K)
the following:
``(L) The condition of education for gifted and
talented students.''; and
(2) in section 153(a)(3), by inserting ``including children
who are gifted and talented,'' after ``population
characteristics,''.
SEC. 504. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect 1
year after the date of enactment of this Act.
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