[Congressional Record Volume 159, Number 74 (Thursday, May 23, 2013)]
[Senate]
[Pages S3847-S3863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. WYDEN (for himself, Ms. Collins, Mr. Merkley, and Mr. 
        King):
  S. 1030. A bill to amend the Internal Revenue Code of 1986 to provide 
for an energy investment credit for energy storage property connected 
to the grid, and for other purposes; to the Committee on Finance.
  Mr. WYDEN. Mr. President, today I am being joined by my colleagues 
Senators Collins, Merkley, and King on the introduction of the Storage 
Technology for Renewable and Green Energy Act of 2013 or the STORAGE 
2013 Act. The purpose of the bill is to promote the deployment of 
energy storage technologies to make the electric grid operate more 
efficiently and help manage intermittent renewable energy generation 
from wind, solar, and other sources that vary with the time of day and 
the weather.
  Traditionally, peak demand has been met by building more generation 
and transmission facilities, many of which sit idle much of the time. 
The Electric Power Research Institute's White Paper on storage 
technology observed that 25 percent of the equipment and capacity of 
the U.S. electric distribution system and 10 percent of the generation 
and transmission system is needed less than 400 hours a year. Peak 
generation is also often met with the least efficient, most costly 
power plants. Energy storage systems offer an alternative to simply 
building more generation and transmission to meet peak demand because 
they allow the current system to meet peak demands by storing less 
expensive off-peak power, from the most cost-efficient plants, for use 
during peak demand.
  The growth of renewable energy from wind and solar and other 
intermittent renewable sources, like wave and tidal energy, raises yet 
another challenge for the electric grid that storage can help address. 
These renewable sources deliver power at times of the day or night when 
they might not be needed or fluctuate with the weather. Energy storage 
technology allows these intermittent sources to store power as it is 
generated and allow it to be dispatched when it is most needed and in a 
predictable, steady of stream of electricity no longer at the vagaries 
of weather conditions. And equally important, it allows this 
intermittent generation to more closely match demand. Instead of trying 
to find a place to sell power at 3:00 am in the morning when demand is 
down, wind farms for example would be able to sell their power at 3:00 
pm in the afternoon when demand is up.
  The STORAGE 2013 Act is substantially similar to the STORAGE Act of 
2011 I introduced last Congress. It offers investment tax credits for 
three categories of energy storage facilities that temporarily store 
energy for delivery or use at a later time. The bill is technology 
neutral and does not pick storage technology ``winners'' and ``losers'' 
either in terms of the storage technology that is used or in terms of 
the source of the energy that is stored. The electricity can come from 
a wind farm or it can come for a coal or nuclear plant. Pumped hydro, 
compressed air, batteries, flywheels, and thermal storage are all 
eligible technologies as are smart-grid enabled plug-in electric 
vehicles.
  First, the STORAGE 2013 Act provides a 20 percent investment tax 
credit of up to $40 million per project for storage systems connected 
to the electric grid and distribution system. A total of $1.5 billion 
in these investment credits are available for these grid connected 
systems. Developers would have to apply to the Treasury Department and 
DOE for the credits, similar to the process used for the green energy 
manufacturing credits the ``48C'' program. This is a 20 percent credit 
so that means the actual cost of the project that would be eligible for 
the full credit would be $200 million.
  The act also provides a 30 percent investment tax credit of up to $1 
million per project to businesses for on-site storage, such as an ice-
storage facility in on office building, where ice is made at night 
using low-cost, off-peak power and then used to help air-condition the 
building luring the day while reducing peak demand. This is a 30 
percent credit so the cost of the actual projects that would get the 
full credit amount would be around $3.3 million.
  One change from last year's version of the bill is that the minimum 
size for storage systems to be eligible for this credit is now 5 kWh, 
whereas it was 20 kWh before. 20 kWh is a reasonable size or industrial 
energy consumers and big-box stores, but a 5 kWh limit is a size that 
makes sense for small businesses. This change will allow small 
businesses to participate in pioneering storage on the grid, and will 
incentivize storage companies to create leasing models for residential 
users. Leasing models are proving very successful at increasing grid-
connected residential solar, and this credit will open up a whole new 
market for storage to follow suit.
  But if homeowners want to install storage on their own, they will be 
able to. The Act also provides for 30 percent tax credit for homeowners 
for on-site

[[Page S3848]]

storage projects to store off-peak electricity from solar panels or 
from the grid for later use during peak hours.
  As the EPRI white paper noted ``(d)espite the large anticipated need 
for energy storage solutions within the electric enterprise, very few 
grid-integrated storage installations are in actual operation in the 
United States today.'' The purpose of the STORAGE 2013 Act is to help 
jump start the deployment of these storage solutions so that renewable 
energy technologies can increase their economic value to the electric 
grid while reducing their power integration costs as well as to improve 
the overall efficiency of the electrical system.
  I urge my colleagues to take a closer look at what storage 
technologies can do to help reduce the cost of electricity and improve 
the performance of the electric grid and renewable energy technologies. 
If they do, I am confident my colleagues will join Senators Collins, 
Merkley, and King in supporting this bipartisan legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1030

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Storage Technology for 
     Renewable and Green Energy Act of 2013'' or the ``STORAGE 
     2013 Act''.

     SEC. 2. ENERGY INVESTMENT CREDIT FOR ENERGY STORAGE PROPERTY 
                   CONNECTED TO THE GRID.

       (a) Up to 20 Percent Credit Allowed.--Subparagraph (A) of 
     section 48(a)(2) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``and'' at the end of subclause (IV) of 
     clause (i),
       (2) by striking ``clause (i)'' in clause (ii) and inserting 
     ``clause (i) or (ii)'',
       (3) by redesignating clause (ii) as clause (iii), and
       (4) by inserting after clause (i) the following new clause:
       ``(ii) as provided in subsection (c)(5)(D), up to 20 
     percent in the case of qualified energy storage property, 
     and''.
       (b) Qualified Energy Storage Property.--Subsection (c) of 
     section 48 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new paragraph:
       ``(5) Qualified energy storage property.--
       ``(A) In general.--The term `qualified energy storage 
     property' means property--
       ``(i) which is directly connected to the electrical grid, 
     and
       ``(ii) which is designed to receive electrical energy, to 
     store such energy, and--

       ``(I) to convert such energy to electricity and deliver 
     such electricity for sale, or
       ``(II) to use such energy to provide improved reliability 
     or economic benefits to the grid.

     Such term may include hydroelectric pumped storage and 
     compressed air energy storage, regenerative fuel cells, 
     batteries, superconducting magnetic energy storage, 
     flywheels, thermal energy storage systems, and hydrogen 
     storage, or combination thereof, or any other technologies as 
     the Secretary, in consultation with the Secretary of Energy, 
     shall determine.
       ``(B) Minimum capacity.--The term `qualified energy storage 
     property' shall not include any property unless such property 
     in aggregate has the ability to sustain a power rating of at 
     least 1 megawatt for a minimum of 1 hour.
       ``(C) Electrical grid.--The term `electrical grid' means 
     the system of generators, transmission lines, and 
     distribution facilities which--
       ``(i) are under the jurisdiction of the Federal Energy 
     Regulatory Commission or State public utility commissions, or
       ``(ii) are owned by--

       ``(I) the Federal government,
       ``(II) a State or any political subdivision of a State,
       ``(III) an electric cooperative that is eligible for 
     financing under the Rural Electrification Act of 1936 (7 
     U.S.C. 901 et seq.), or
       ``(IV) any agency, authority, or instrumentality of any one 
     or more of the entities described in subclause (I) or (II), 
     or any corporation which is wholly owned, directly or 
     indirectly, by any one or more of such entities.

       ``(D) Allocation of credits.--
       ``(i) In general.--In the case of qualified energy storage 
     property placed in service during the taxable year, the 
     credit otherwise determined under subsection (a) for such 
     year with respect to such property shall not exceed the 
     amount allocated to such project under clause (ii).
       ``(ii) National limitation and allocation.--There is a 
     qualified energy storage property investment credit 
     limitation of $1,500,000,000. Such limitation shall be 
     allocated by the Secretary among qualified energy storage 
     property projects selected by the Secretary, in consultation 
     with the Secretary of Energy, for taxable years beginning 
     after the date of the enactment of the STORAGE 2013 Act, 
     except that not more than $40,000,000 shall be allocated to 
     any project for all such taxable years.
       ``(iii) Selection criteria.--In making allocations under 
     clause (ii), the Secretary, in consultation with the 
     Secretary of Energy, shall select only those projects which 
     have a reasonable expectation of commercial viability, select 
     projects representing a variety of technologies, 
     applications, and project sizes, and give priority to 
     projects which--

       ``(I) provide the greatest increase in reliability or the 
     greatest economic benefit,
       ``(II) enable the greatest improvement in integration of 
     renewable resources into the grid, or
       ``(III) enable the greatest increase in efficiency in 
     operation of the grid.

       ``(iv) Deadlines.--

       ``(I) In general.--If a project which receives an 
     allocation under clause (ii) is not placed in service within 
     2 years after the date of such allocation, such allocation 
     shall be invalid.
       ``(II) Special rule for hydroelectric pumped storage.--
     Notwithstanding subclause (I), in the case of a hydroelectric 
     pumped storage project, if such project has not received such 
     permits or licenses as are determined necessary by the 
     Secretary, in consultation with the Secretary of Energy, 
     within 3 years after the date of such allocation, begun 
     construction within 5 years after the date of such 
     allocation, and been placed in service within 8 years after 
     the date of such allocation, such allocation shall be 
     invalid.
       ``(III) Special rule for compressed air energy storage.--
     Notwithstanding subclause (I), in the case of a compressed 
     air energy storage project, if such project has not begun 
     construction within 3 years after the date of the allocation 
     and been placed in service within 5 years after the date of 
     such allocation, such allocation shall be invalid.
       ``(IV) Exceptions.--The Secretary may extend the 2-year 
     period in subclause (I) or the periods described in 
     subclauses (II) and (III) on a project-by-project basis if 
     the Secretary, in consultation with the Secretary of Energy, 
     determines that there has been a good faith effort to begin 
     construction or to place the project in service, whichever is 
     applicable, and that any delay is caused by factors not in 
     the taxpayer's control.

       ``(E) Review and redistribution.--
       ``(i) Review.--Not later than 4 years after the date of the 
     enactment of the STORAGE 2013 Act, the Secretary shall review 
     the credits allocated under subparagraph (D) as of the date 
     of such review.
       ``(ii) Redistribution.--Upon the review described in clause 
     (i), the Secretary may reallocate credits allocated under 
     subparagraph (D) if the Secretary determines that--

       ``(I) there is an insufficient quantity of qualifying 
     applications for certification pending at the time of the 
     review, or
       ``(II) any allocation made under subparagraph (D)(ii) has 
     been revoked pursuant to subparagraph (D)(iv) because the 
     project subject to such allocation has been delayed.

       ``(F) Disclosure of allocations.--The Secretary shall, upon 
     making an allocation under subparagraph (D)(ii), publicly 
     disclose the identity of the applicant, the location of the 
     project, and the amount of the credit with respect to such 
     applicant.
       ``(G) Termination.--No credit shall be allocated under 
     subparagraph (D) for any period ending after December 31, 
     2020.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

     SEC. 3. ENERGY STORAGE PROPERTY CONNECTED TO THE GRID 
                   ELIGIBLE FOR NEW CLEAN RENEWABLE ENERGY BONDS.

       (a) In General.--Paragraph (1) of section 54C(d) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(1) Qualified renewable energy facility.--The term 
     `qualified renewable energy facility' means a facility which 
     is--
       ``(A)(i) a qualified facility (as determined under section 
     45(d) without regard to paragraphs (8) and (10) thereof and 
     to any placed in service date), or
       ``(ii) a qualified energy storage property (as defined in 
     section 48(c)(5)), and
       ``(B) owned by a public power provider, a governmental 
     body, or a cooperative electric company.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 4. ENERGY INVESTMENT CREDIT FOR ONSITE ENERGY STORAGE.

       (a) Credit Allowed.--Clause (i) of section 48(a)(2)(A) of 
     the Internal Revenue Code of 1986, as amended by this Act, is 
     amended--
       (1) by striking ``and'' at the end of subclause (III),
       (2) by inserting ``and'' at the end of subclause (IV), and
       (3) by adding at the end the following new subclause:

       ``(V) qualified onsite energy storage property,''.

       (b) Qualified Onsite Energy Storage Property.--Subsection 
     (c) of section 48 of the Internal Revenue Code of 1986, as 
     amended by this Act, is amended by adding at the end the 
     following new paragraph:

[[Page S3849]]

       ``(6) Qualified onsite energy storage property.--
       ``(A) In general.--The term `qualified onsite energy 
     storage property' means property which--
       ``(i) provides supplemental energy to reduce peak energy 
     requirements primarily on the same site where the property is 
     located, or
       ``(ii) is designed and used primarily to receive and store, 
     firm, or shape variable renewable or off-peak energy and to 
     deliver such energy primarily for onsite consumption.

     Such term may include thermal energy storage systems and 
     property used to charge plug-in and hybrid electric vehicles 
     if such property or vehicles are equipped with smart grid 
     equipment or services which control time-of-day charging and 
     discharging of such vehicles. Such term shall not include any 
     property for which any other credit is allowed under this 
     chapter.
       ``(B) Minimum capacity.--The term `qualified onsite energy 
     storage property' shall not include any property unless such 
     property in aggregate--
       ``(i) has the ability to store the energy equivalent of at 
     least 5 kilowatt hours of energy, and
       ``(ii) has the ability to have an output of the energy 
     equivalent of 1 kilowatts of electricity for a period of 5 
     hours.
       ``(C) Limitation.--In the case of qualified onsite energy 
     storage property placed in service during the taxable year, 
     the credit otherwise determined under subsection (a) for such 
     year with respect to such property shall not exceed 
     $1,000,000.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

     SEC. 5. CREDIT FOR RESIDENTIAL ENERGY STORAGE EQUIPMENT.

       (a) Credit Allowed.--Subsection (a) of section 25D of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``and'' at the end of paragraph (4),
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``, and'', and
       (3) by adding at the end the following new paragraph:
       ``(6) 30 percent of the qualified residential energy 
     storage equipment expenditures made by the taxpayer during 
     such taxable year.''.
       (b) Qualified Residential Energy Storage Equipment 
     Expenditures.--Section 25D(d) of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     paragraph:
       ``(6) Qualified residential energy storage equipment 
     expenditures.--For purposes of this section, the term 
     `qualified residential energy storage equipment expenditure' 
     means an expenditure for property--
       ``(A) which is installed in or on a dwelling unit located 
     in the United States and owned and used by the taxpayer as 
     the taxpayer's principal residence (within the meaning of 
     section 121), or on property owned by the taxpayer on which 
     such a dwelling unit is located,
       ``(B) which--
       ``(i) provides supplemental energy to reduce peak energy 
     requirements primarily on the same site where the property is 
     located, or
       ``(ii) is designed and used primarily to receive and store, 
     firm, or shape variable renewable or off-peak energy and to 
     deliver such energy primarily for onsite consumption, and
       ``(C) which--
       ``(i) has the ability to store the energy equivalent of at 
     least 2 kilowatt hours of energy, and
       ``(ii) has the ability to have an output of the energy 
     equivalent of 500 watts of electricity for a period of 4 
     hours.

     Such term may include thermal energy storage systems and 
     property used to charge plug-in and hybrid electric vehicles 
     if such property or vehicles are equipped with smart grid 
     equipment or services which control time-of-day charging and 
     discharging of such vehicles. Such term shall not include any 
     property for which any other credit is allowed under this 
     chapter.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
      By Mr. LEVIN (for himself and Mr. Inhofe) (by request):
  S. 1034. A bill to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense and for military 
construction, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; to the Committee on Armed Services.
  Mr. LEVIN. Mr. President, Senator Inhofe and I are introducing, by 
request, the administration's proposed National Defense Authorization 
Act for fiscal year 2014. As is the case with any bill that is 
introduced by request, we introduce this bill for the purpose of 
placing the administration's proposals before Congress and the public 
without expressing our own views on the substance of these proposals. 
As Chairman and Ranking Member of the Armed Services Committee, we look 
forward to giving the administration's requested legislation our most 
careful review and thoughtful consideration.
                                 ______
                                 
      By Mr. CARDIN (for himself, Mr. Durbin, Mr. Blumenthal, Mr. 
        Coons, Mr. Harkin, Mr. Menendez, Ms. Stabenow, Mr. Levin, Ms. 
        Mikulski, Ms. Warren, Mrs. Boxer, Mrs. Gillibrand, Mr. 
        Lautenberg, and Ms. Hirono):
  S. 1038. A bill to eliminate racial profiling by law enforcement, and 
for other purposes; to the Committee on the Judiciary.
  Mr. CARDIN. Mr. President, today I rise to introduce legislation in 
the Senate that would prohibit the use of racial profiling by Federal, 
State, or local law enforcement agencies. This legislation is entitled 
the End Racial Profiling Act, ERPA, 2013. I thank my colleagues who 
have joined me as original cosponsors of this legislation, including 
Senators Durbin, Blumenthal, Coons, Harkin, Menendez, Stabenow, Levin, 
Mikulski, Warren, Boxer, Gillibrand, Lautenberg, and Hirono.
  Last year, the Nation's attention was riveted to the tragic, 
avoidable death of Trayvon Martin in Florida in February 2012. As we 
all know from the news, an unarmed Martin, 17, was shot in Sanford, FL, 
on his way home from a convenience store, while carrying a can of iced 
tea and a bag of skittles.
  After the tragedy, I met with faith and civil rights groups at the 
Center for Urban Families in Baltimore to discuss the issue of racial 
profiling. Joining me were representatives from various faith and civil 
rights groups in Baltimore, as well as graduates from the center's 
program. I heard there first-hand accounts of typical American families 
that were victims of racial profiling. One young woman recounted going 
to a basketball game with her father, only to have her dad detained by 
police for no apparent reason other than the color of his skin.
  That is why I was pleased that the Justice Department, under the 
supervision of Attorney General Eric Holder, announced a Civil Rights 
Division and FBI investigation into the shooting death of Trayvon 
Martin. I join all Americans in wanting a full and complete 
investigation into the shooting death of Trayvon Martin to ensure that 
justice is served. There are many questions that we need answered.
  Was Trayvon targeted because he was black? The State of Florida has 
already charged the shooter with second-degree murder, and the 
defendant will be given a jury trial of his peers, which begins next 
month in State court.
  Trayvon's tragic death leads to a discussion of the broader issue of 
racial profiling. The Senate Judiciary Committee held a hearing 
entitled ``Ending Racial Profiling in America'' in April 2012, which 
was chaired by Senator Durbin.
  At the hearing I was struck by the testimony of Ronald L. Davis, the 
Chief of Police of the City of East Palo Alto, CA. I want to quote part 
of Chief Davis' testimony, in which he stated that:

       [T]here exists no national, standardized definition for 
     racial profiling that prohibits all uses of race, national 
     origin, and religion, except when describing a person. 
     Consequently, many state and local policies define racial 
     profiling as using race as the 'sole' basis for a stop or any 
     police action. This definition is misleading in that it 
     suggests using race as a factor for anything other than a 
     description is justified, which it is not. Simply put, race 
     is a descriptor not a predictor. To use race along with other 
     salient descriptors when describing someone who just 
     committed a crime is appropriate. However, when we deem a 
     person to be suspicious or attach criminality to a person 
     because of the color of his or her skin, the neighborhood 
     they are walking in, or the clothing they are wearing, we are 
     attempting to predict criminality. The problem with such 
     predictions is that we are seldom right in our results and 
     always wrong in our approach.

  After the hearing I was joined at a press conference by Baltimore's 
Rev. Dr. Jamal Bryant, a leading youth activist and advisor to the 
Trayvon Martin family. He echoed the call to end racial profiling by 
law enforcement in America:

       This piece of legislation being offered by my senator, 
     Senator Cardin, is the last missing piece for the civil 
     rights bill from 1965 that says there ought to be equality 
     regardless of one's gender or one's race. Racial

[[Page S3850]]

     profiling is in fact an extension of racism in America that 
     has been unaddressed and this brings closure to the divide in 
     this country.

  I have called for putting an end to racial profiling, a practice that 
singles out individuals based on race, ethnicity, national origin, or 
religion.
  My legislation would protect minority communities by prohibiting the 
use of racial profiling by law enforcement officials.
  First, the bill prohibits the use of racial profiling by all law 
enforcement agents, whether Federal, State, or local. Racial profiling 
is defined in a standard, consistent definition as the practice of a 
law enforcement agent relying on race, ethnicity, religion, or national 
origin as a factor in their investigations and activities. The 
legislation creates an exception for the use of these factors where 
there is trustworthy information, relevant to the locality and time 
frame, which links persons of a particular race, ethnicity, or national 
origin to an identified incident or scheme.
  Law enforcement agencies would be prohibited from using racial 
profiling in criminal or routine law enforcement investigations, 
immigration enforcement, and national security cases.
  Second, the bill would mandate training on racial profiling issues, 
and requires data collection by local and State law enforcement 
agencies.
  Third, this bill would condition the receipt of Federal funds by 
state and local law enforcement on two grounds. First, under this bill, 
state and local law enforcement would have to ``maintain adequate 
policies and procedures designed to eliminate racial profiling.'' 
Second, they must ``eliminate any existing practices that permit or 
encourage racial profiling.''
  Fourth, the bill would authorize the Justice Department to provide 
grants to State and local government to develop and implement best 
policing practices that would discourage racial profiling, such as 
early warning systems.
  Finally, the bill would require the Attorney General to provide 
periodic reports to assess the nature of any ongoing discriminatory 
profiling practices.
  The bill would also provide remedies for individuals who were harmed 
by racial profiling.
  The legislation I introduce today is supported by the Leadership 
Conference on Civil and Human Rights, NAACP, Rights Working Group, 
ACLU, and numerous other national, state, and local organizations.
  Racial profiling is bad policy, but given the state of our budgets, 
it also diverts scarce resources from real law enforcement. Law 
enforcement officials nationwide already have tight budgets. The more 
resources spent investigating individuals because of their race, 
religion, national origin, or ethnicity, the fewer resources directed 
at suspects who are actually demonstrating illegal behavior.
  Using racial profiling makes it less likely that certain affected 
communities will voluntarily cooperate with law enforcement and 
community policing efforts, making it harder for our law enforcement 
community to combat crimes and fight terrorism.
  Minorities living and working in these communities in which racial 
profiling is used may also feel discouraged from traveling freely, 
which corrodes the public trust in government. This ultimately 
demonizes entire communities and perpetuates negative stereotypes based 
on an individual's race, ethnicity, or religion.
  Racial profiling has no place in modern law enforcement. The vast 
majority of our law enforcement officials who put their lives on the 
line every day handle their jobs with professionalism, diligence, and 
fidelity to the rule of law.
  However, Congress and the Justice Department can and should still 
take steps to prohibit racial profiling and finally root out its use.
  I agree with Attorney General Holder's remarks to the American-Arab 
Anti-Discrimination Committee where he stated:

       In this Nation, security and liberty are--at their best--
     partners, not enemies, in ensuring safety and opportunity for 
     all . . . In this Nation, the document that sets forth the 
     supreme law of the land--the Constitution--is meant to 
     empower, not exclude . . . Racial profiling is wrong. It can 
     leave a lasting scar on communities and individuals. And it 
     is, quite simply, bad policing--whatever city, whatever 
     state.

  The Fourteenth Amendment to the U.S. Constitution guarantees the 
``equal protection of the laws'' to all Americans. Racial profiling is 
abhorrent to that principle, and should be ended once and for all.
  As the late Senator Ted Kennedy often said, ``civil rights is the 
great unfinished business of America.'' Let us continue the fight here 
to make sure that we truly have equal justice under law for all 
Americans. I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. BLUMENTHAL:
  S. 1041. A bill to amend title 10, United States Code, to afford 
crime victims' rights to victims of offenses under the Uniform Code of 
Military Justice, and for other purposes; to the Committee on Armed 
Services.
  Mr. BLUMENTHAL. Mr. President, I rise today to introduce the Military 
Crime Victims Rights Act of 2013. There are 26,000 victims of sexual 
assault in the military every year; at least last year there were that 
number estimated. But only a fraction, some 3,000-plus, were reported.
  This measure encourages more accurate and complete reporting of all 
kinds, by guaranteeing all victims of crimes in the military the basic 
rights that victims have in civilian courts under current law. These 
rights are not a matter of discretion, they are a legal right that 
victims of crimes in our Federal courts enjoy. My proposal is 
essentially to apply these same rights, guarantee them, in the Uniform 
Code of Military Justice.
  The Uniform Code of Military Justice fails to afford these basic 
rights. They are rights of decency and fairness to crime victims. It 
requires many of these victims to endure humiliating and insulting 
obstacles in their quest for justice, so it naturally discourages them 
from coming forward and reporting these acts, most especially the act 
of sexual assault.
  Those rights that I believe should be applied under the Uniform Code 
of Military Justice are, for example, the right to protection from the 
accused, notice and opportunity to speak at trial, the right against 
unreasonable delay in trial proceedings. Those are a few of the rights 
that would be guaranteed. They are standards of decency and fairness 
that are essential to effective prosecution and the goals of good order 
and discipline in the military.
  These fundamental rights are well-established in the civilian courts 
and well-esteemed by prosecutors and defendants as well as the victims, 
because they enable the justice system to function more fairly and 
effectively. Few would imagine going into a civilian court in a 
criminal trial without the statutory right to be protected from the 
accused, protection against physical threats or intimidation. Few would 
imagine going into a civilian court and being denied the right to 
appear and to speak when one's history, one's personal and sexual 
history is an issue in the trial. Few would imagine the denial of a 
right to be heard in the course of sentencing. Few would imagine 
unreasonable delay and permission for the accused to actually leave the 
country and be unavailable for the trial and thereby have that 
unreasonable delay. Yet in the military court, these events are routine 
and expected. This bill would correct that failing.
  There is no reason military sexual assault victims should be given 
less respect or fewer rights than civilian victims of the same offense. 
The key to deterring crime is prosecuting and punishing it effectively, 
which requires reporting by victims. More than reporting, it requires 
cooperation. We know for a fact that victims denied rights and respect 
will simply not report sexual assault in the military. They fear 
retaliation and discouragement of many kinds in reporting serious 
crimes of all kinds. If sexual assault is not reported, it cannot be 
prosecuted. If it is not prosecuted, it certainly cannot be punished or 
deterred.
  I became involved in this issue of victims rights in the military 
because of a constituent who came forward to me. I became involved in 
her case because she was denied basic justice. Her case was delayed. 
She was a victim of sexual assault in the apartment of an officer 
stationed in Rhode Island. She never had the opportunity to speak in 
court in a timely way. Her credibility was directly put at issue. She 
had no opportunity to rebut, in effect, the charges

[[Page S3851]]

brought against her. So often the victim is the one on trial. So often 
she or he is forced to relive that brutal, vicious predatory act of 
criminal conduct simply to bring charges and seek justice.
  She is seeking justice not only on her own behalf but on behalf of 
the Nation, because it is clearly the experience, as proven by solid 
evidence, that a sexual offender repeats that offense. The rate of 
recidivism is higher for sexual offenses than any other kind of crime.
  Last year I requested that the Department of Defense investigate both 
their failures to afford victims the right to be heard during public 
proceedings and victims' rights to be free from unreasonable delay and 
the lack of remedies available to victims. The report I received as a 
result of that request explained, in February, that the Department of 
Defense does not include the full list of crime victims rights in its 
directive because it references a repealed statute, one from 1990, 
rather than the more recent one passed by Congress, the United States 
Justice for All Act of 2004.
  That is why still today our military services, each of them, is 
operating on out-of-date and inadequate victim protection. The reason 
is not military necessity; it is simply ignoring the law that exists 
right now in spirit if not in letter. My bill would correct the letter 
of the law to guarantee these rights.
  I appreciate the investigation conducted by the Department of Defense 
General Counsel Robert Taylor and the military's commitment to revising 
their out-of-date directives and instructions, but we need a statutory 
remedy now, so people whose rights are violated will have a remedy, so 
they will have a recourse and relief when their rights are violated.
  This victims bill of rights has proved feasible and effective in the 
civilian justice proceedings involving the very same offenses.
  The rights are not novel or untested, they are well established and 
esteemed.
  I ask today for support from my colleagues in passing this measure. 
It is a basic, commonsense measure. It requires a military judge--just 
like their civilian counterparts--to take up and decide any motion 
asserting a victim's rights right away. It requires an ombudsman within 
the Department of Defense just like the ombudsman for crime victims' 
rights in the Department of Justice. It requires training for judge 
advocates and other appropriate members of the Armed Forces and 
personnel of the Department to assist them in responding more 
effectively to the needs of victims' rights. It requires trial counsel 
in a military case to advise the victim that he or she can seek the 
advice of their own attorney with respect to these rights.
  We have an opportunity and an obligation to stand for those who stand 
for us and defend us, and I refuse to disappoint them. I look forward 
to working on enacting this proposal with my colleagues in the Senate 
Armed Services Committee, the Department of Defense, and the U.S. 
military. And I would welcome the views of the response systems panel 
established by Congress when they have views they wish to impart.
  We have the best and strongest military force in the history of the 
world, in the history of our Nation. Our men and women in uniform 
deserve a military justice system worthy of their excellence.
                                 ______
                                 
      By Mr. SCHATZ (for himself, Mr. Barrasso, Mr. Tester, and Ms. 
        Hirono):
  S. 1046. A bill to clarify certain provisions of the Native American 
Veterans' Memorial Establishment Act of 1994; to the Committee on 
Indian Affairs.
  Mr. SCHATZ. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1046

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Veterans' 
     Memorial Amendments Act of 2013''.

     SEC. 2. NATIVE AMERICAN VETERANS' MEMORIAL.

       (a) Authority To Establish Memorial.--Section 3 of the 
     Native American Veterans' Memorial Establishment Act of 1994 
     (20 U.S.C. 80q-5 note; 108 Stat. 4067) is amended--
       (1) in subsection (b), by striking ``within the interior 
     structure of the facility'' and inserting ``on the 
     property''; and
       (2) in subsection (c)(1), by striking ``, in consultation 
     with the Museum, is'' and inserting ``and the National Museum 
     of the American Indian are''.
       (b) Payment of Expenses.--Section 4(a) of the Native 
     American Veterans' Memorial Establishment Act of 1994 (20 
     U.S.C. 80q-5 note; 108 Stat. 4067) is amended--
       (1) in the heading, by inserting ``and National Museum of 
     the American Indian '' after ``American Indians ''; and
       (2) in the first sentence, by striking ``shall be solely'' 
     and inserting ``and the National Museum of the American 
     Indian shall be''.
                                 ______
                                 
      By Ms. COLLINS (for herself and Mr. King):
  S. 1051. A bill to amend title 37, United States Code, to ensure that 
footwear furnished or obtained by allowance for enlisted members of the 
Armed Forces upon their initial entry into the Armed Forces complies 
with domestic source requirements; to the Committee on Armed Services.
  Ms. COLLINS. Mr. President, I rise today to introduce a bipartisan 
bill cosponsored by Senator King that would ensure the Department of 
Defense provides military recruits with athletic footwear made in the 
U.S.A.
  The Berry Amendment, established by Congress in 1941, requires the 
Department to give preference to clothing and other items made in the 
United States for any contract valued at $150,000 or more.
  For decades, the military issued American-made uniforms, including 
athletic footwear, for our troops. However since fiscal year 2002, the 
purpose and intent of the Berry Amendment have been undermined by a 
change in DOD policy. The Army, Air Force, and the Navy now provide a 
cash voucher that incoming servicemembers use to purchase athletic 
footwear, without providing any preference for domestically 
manufactured footwear.
  DOD claims that a soldier's individual purchase of athletic footwear 
with a DOD-provided cash allowance is not subject to the Berry 
Amendment because such individual purchases fall below the simplified 
acquisition threshold of $150,000.
  Yet, the cash allowances provided with Federal funds for athletic 
shoes are valued at about $15 million annually, an amount that is 100 
times the minimum contract value at which the Berry Amendment applies.
  Like all other clothing items issued directly by the military 
services, athletic footwear should be made in the U.S.A. by American 
companies. It is time for DoD to treat athletic footware like every 
other uniform item, including boots, and buy them from American 
manufacturers.
  This bill would require DOD to comply with the Berry Amendment for 
footwear either issued directly to or through a cash allowance to 
servicemembers upon initial entry into the Armed Forces. In other 
words, athletic footwear would be treated like boots and all other 
uniform items.
  In the past, opponents of ensuring compliance with the Berry 
amendment have argued there is an insufficient domestic market for 
athletic shoes, that Berry compliant shoes somehow would not provide 
adequate comfort or safety, and that athletic shoes are not uniform 
items. None of these objections withstands scrutiny.
  After the Senate Armed Services Committee required DOD to conduct a 
market survey to determine vendor interest, DOD found that vendor 
interest and capacity do exist to support a Berry compliant shoe 
market. The report also found that at least two American companies can 
produce high-quality Berry compliant footwear right now in the quantity 
and at the price point needed. Today, a 100 percent Berry compliant 
shoe is on the market at a price of $68, $6 less than the current Army 
allowance of $74, and without requiring waivers.
  The comfort argument is also based on the unfounded premise that 
recruits somehow would not enjoy the same degree of comfort or safety 
with a Berry compliant shoe. Yet the military makes no distinction for 
boots or other uniform shoes, to no adverse effect upon recruits. To 
address this concern, however, the amendment would exempt 
servicemembers requiring a waiver for medical reasons.
  Finally, I dispute the characterization that athletic shoes are not 
uniform items. Federal funds are used to

[[Page S3852]]

purchase the shoes, and recruits are required to wear them. If this is 
not a uniform item, why are we allocating Federal funding at all? I 
would also suggest that any initial entry trainee who arrives at a 
physical training formation without athletic shoes would also dispute 
the characterization.
  This bill is consistent with several Congressional interventions that 
have corrected a pattern of Federal agencies ignoring or narrowly 
interpreting domestic sourcing statutes contrary to Congress's intent.
  During the Senate Armed Services Committee markup of the fiscal year 
2013 NDAA, the Committee unanimously adopted an amendment offered by 
Senator Graham to require the fabric of clothing provided to 
Afghanistan security forces comply with the Berry Amendment without 
exception or exemption.
  In July 2012, 12 Senators introduced legislation to require the 
United States Olympic Committee adopt a policy that ceremonial athletic 
uniforms, including accessories such as shoes, be produced in the 
United States.
  If American-made uniforms are appropriate for U.S. Olympic athletes 
and Afghan security personnel, surely our servicemembers deserve the 
same. Federal funds for clothing worn by new recruits should benefit 
American workers and American companies rather than workers overseas.
  This is about supporting American manufacturing jobs and having 
American soldiers fight and train in American-made footwear. I urge my 
colleagues to support this bill to provide military recruits with 
athletic footwear made in the U.S.A.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Roberts):
  S. 1053. A bill to amend title XVIII of the Social Security Act to 
strengthen and protect Medicare hospice programs; to the Committee on 
Finance.
  Mr. WYDEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1053

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hospice Evaluation and 
     Legitimate Payment Act of 2013''.

     SEC. 2. ENSURING TIMELY ACCESS TO HOSPICE CARE.

       (a) In General.--Section 1814(a)(7)(D)(i) of the Social 
     Security Act (42 U.S.C. 1395f(a)(7)(D)(i)) is amended to read 
     as follows:
       ``(i) a hospice physician, nurse practitioner, clinical 
     nurse specialist, or physician assistant (as those terms are 
     defined in section 1861(aa)(5)), or other health professional 
     (as designated by the Secretary), has a face-to-face 
     encounter with the individual to determine continued 
     eligibility of the individual for hospice care prior to the 
     first 60-day period and each subsequent recertification under 
     subparagraph (A)(ii) (or, in the case where a hospice program 
     newly admits an individual who would be entering their first 
     60-day period or a subsequent hospice benefit period or where 
     exceptional circumstances, as defined by the Secretary, may 
     prevent a face-to-face encounter prior to the beginning of 
     the hospice benefit period, not later than 7 calendar days 
     after the individual's election under section 1812(d)(1) with 
     respect to the hospice program) and attests that such visit 
     took place (in accordance with procedures established by the 
     Secretary); and''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on January 1, 2014, and applies to hospice care 
     furnished on or after such date.

     SEC. 3. RESTORING AND PROTECTING THE MEDICARE HOSPICE 
                   BENEFIT.

       (a) In General.--Section 1814(i) of the Social Security Act 
     (42 U.S.C. 1395f(i)) is amended--
       (1) in paragraph (6)--
       (A) in subparagraph (D)--
       (i) in clause (i)--

       (I) in the first sentence, by striking ``not earlier than 
     October 1, 2013, the Secretary shall, by regulation,'' and 
     inserting ``subject to clause (iii), not earlier than the 
     later of 2 years after the demonstration program under 
     subparagraph (F) is completed or October 1, 2017, the 
     Secretary shall, by regulation, preceded by a notice of the 
     proposed regulation in the Federal Register and a period for 
     public comment in accordance with section 1871(b)(1),''; and
       (II) in the second sentence, by inserting 
     `` and shall take into account the results of the evaluation 
     conducted under subparagraph (F)(ii)'' before the period; and

       (ii) by adding at the end the following new clause:
       ``(iii) The Secretary shall implement the revisions in 
     payment pursuant to clause (i) unless the Secretary 
     determines that the demonstration program under subparagraph 
     (F) demonstrated that such revisions would adversely affect 
     access to quality hospice care by beneficiaries under this 
     title.''; and
       (B) by adding at the end the following new subparagraph:
       ``(F) Hospice payment reform demonstration program.--
       ``(i) Establishment of demonstration program.--
       ``(I) In general.--Before implementing any revisions to the 
     methodology for determining the payment rates for routine 
     home care and other services included in hospice care under 
     subparagraph (D), the Secretary shall establish a Medicare 
     Hospice Payment Reform demonstration program (in this 
     subparagraph referred to as the `demonstration program') to 
     test such proposed revisions.
       ``(II) Duration.--The demonstration program shall be 
     conducted for a 2-year period beginning on or after October 
     1, 2013.
       ``(III) Scope.--Any certified hospice program may apply to 
     participate in the demonstration program and the Secretary 
     shall select not more than 15 such hospice programs to 
     participate in the demonstration program.
       ``(IV) Representative participation.--Hospice programs 
     selected under subclause (III) to participate in the 
     demonstration program shall include a representative cross-
     section of hospice programs throughout the United States, 
     including programs located in urban and rural areas.
       ``(ii) Evaluation and report.--
       ``(I) Evaluation.--The Secretary shall conduct an 
     evaluation of the demonstration program. Such evaluation 
     shall include an analysis of whether the use of the revised 
     payment methodology under the demonstration program has 
     improved the quality of patient care and access to hospice 
     care for beneficiaries under this title and the impact of 
     such payment revisions on hospice care providers, including 
     the impact, if any, on the ability of hospice programs to 
     furnish quality care to beneficiaries under this title.
       ``(II) Report.--Not later than 2 years after the completion 
     of the demonstration program, the Secretary shall submit to 
     Congress a report containing the results of the evaluation 
     conducted under subclause (I), together with recommendations 
     for such legislation and administrative action as the 
     Secretary determines appropriate.
       ``(iii) Budget neutrality.--With respect to the 2-year 
     period of the demonstration program, the Secretary shall 
     ensure that revisions in payment implemented as part of the 
     demonstration program shall result in the same estimated 
     amount of aggregate payments under this title for hospice 
     care for the programs participating in the demonstration as 
     would have been made if the hospice programs had not 
     participated in the demonstration program.''.

     SEC. 4. HOSPICE SURVEY REQUIREMENT.

       Section 1861(dd)(4) of the Social Security Act (42 U.S.C. 
     1395x(dd)(4)) is amended by adding at the end the following 
     new subparagraph:
       ``(C) Any entity that is certified as a hospice program 
     shall be subject to a standard survey by an appropriate State 
     or local survey agency, or an approved accreditation agency, 
     as determined by the Secretary, not less frequently than once 
     every 36 months beginning 6 months after the date of the 
     enactment of this subparagraph.''.
                                 ______
                                 
      By Mr. REID:
  S. 1054. A bill to establish Golf Butte National Conservation Area in 
Clark County, Nevada in order to conserve, protect, and enhance the 
cultural, archaeological, natural, wilderness, scientific, geological, 
historical, biological, wildlife, educational, and scenic resources of 
the area, to designate wilderness areas, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, today I rise to introduce the Gold Butte 
National Conservation Area Act of 2013. This legislation will designate 
the Gold Butte National Conservation Area in Southern Nevada and 
designate wilderness within Gold Butte.
  I am proud to introduce this important bill, which has been in the 
making for at least a decade. The establishment of the Gold Butte 
National Conservation Area has been supported by Clark County, the City 
of Mesquite, Friends of Gold Butte, the Moapa Band of Paiutes, the 
Nevada Resort Association, and thousands of Nevadans.
  By establishing the Gold Butte National Conservation Area as a unit 
of the National Landscape Conservation System, managed by the Bureau of 
Land Management, we will conserve, protect and enhance this unique part 
of Southern Nevada's landscape.
  The proposed National Conservation Area is located in Clark County, 
south of the City of Mesquite and surrounded on three sides by the Lake 
Mead National Recreation Area and the Grand Canyon Parashant National 
Monument in Arizona. Gold Butte, deemed by locals as ``Nevada's piece 
of the Grand

[[Page S3853]]

Canyon'', is recognized for its amazing sandstone formations, critical 
habitat for desert tortoise, mining heritage and the ancient Native 
American rock art that is so prevalent throughout the area. The land is 
home to a number of rare plants and animals such as desert tortoise, 
desert bighorn sheep, golden eagles, and bear poppies. The legislation 
will also protect current uses which include camping, hunting, hiking 
and riding off-highway vehicles on previously designated routes.
  Gold Butte is named for the mining town of the same name comprised of 
approximately 1,000 miners in the early 1900s. Long since abandoned, 
Gold Butte shows the remnants of an early pioneer history of ranching 
and mining. Even before the early settlers, however, Native Americans 
depended on this area. The evidence of ancient people can be found 
nearly everywhere in Gold Butte--petroglyphs, agave roasting pits, 
hunting blinds, rock shelters, stone tools, pottery shards and charcoal 
are found across the landscape.
  For decades, the Gold Butte area has been a special place for those 
in the surrounding community. Over 10 years ago people started noticing 
the impacts of increased unmanaged visitation such as litter, fires, 
waste and degradation of cultural and natural resources. Unfortunately, 
these human impacts were becoming a common occurrence in Gold Butte. It 
was then that a group of conservationists, sportsmen, archaeologists, 
tribal members, ranchers and community members formed Friends of Gold 
Butte and started advocating for a higher level of protection for the 
area. Since 2000, Friends of Gold Butte has worked to create and shape 
a proposal for protection of these important resources.
  The National Conservation Area will also benefit the local economy by 
bringing tourists and outdoor enthusiasts to explore the natural beauty 
of this desert landscape. Nevada already benefits from $14.9 billion 
annually in consumer spending directly related to the outdoor 
recreation industry, which directly supports 148,000 jobs. Designation 
of the Gold Butte National Conservation Area will draw more people to 
the area and bring in vital tourist dollars to the City of Mesquite and 
to Clark County.
  The legislation also designates wilderness areas within the Gold 
Butte National Conservation Area. These wilderness areas provide key 
habitat for a number of critical species, protects the cultural 
resources and the many primitive places in Gold Butte.
  The Gold Butte National Conservation Area Act is an ambitious piece 
of legislation, built on years of hard work by local advocates and 
stakeholder input. It protects vital natural and cultural resources and 
preserves an important area of recreation for future generations.
  I understand that more work will need to be done on this bill and I 
anticipate feedback by stakeholders to improve the legislation.
  I look forward to working with my colleagues to move this important 
legislation through the legislative process.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1054

       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 ``Gold Butte 
     National Conservation Area 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. Definitions.

             TITLE I--GOLD BUTTE NATIONAL CONSERVATION AREA

Sec. 101. Establishment of Gold Butte National Conservation Area.
Sec. 102. Management of Conservation Area.
Sec. 103. General provisions.
Sec. 104. Gold Butte National Conservation Area Advisory Council.

   TITLE II--DESIGNATION OF WILDERNESS AREAS IN CLARK COUNTY, NEVADA

Sec. 201. Findings.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Administration.
Sec. 204. Adjacent management.
Sec. 205. Military, law enforcement, and emergency overflights.
Sec. 206. Release of wilderness study areas.
Sec. 207. Native American cultural and religious uses.
Sec. 208. Wildlife management.
Sec. 209. Wildfire, insect, and disease management.
Sec. 210. Climatological data collection.
Sec. 211. National Park System land.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Relationship to Clark County Multi-Species Habitat 
              Conservation Plan.
Sec. 302. Visitor center, research, and interpretation.
Sec. 303. Termination of withdrawal of Bureau of Land Management land.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the public land in southeastern Nevada generally known 
     as ``Gold Butte'' is recognized for outstanding--
       (A) scenic values;
       (B) natural resources, including critical habitat, 
     sensitive species, wildlife, desert tortoise habitat, and 
     geology;
       (C) historic resources, including historic mining, ranching 
     and other western cultures, and pioneer activities; and
       (D) cultural resources, including evidence of prehistoric 
     habitation and rock art;
       (2) Gold Butte has become a destination for diverse 
     recreation opportunities, including camping, hiking, hunting, 
     motorized recreation, and sightseeing.
       (3) Gold Butte draws visitors from throughout the United 
     States;
       (4) Gold Butte provides important economic benefits to 
     Mesquite and other nearby communities;
       (5) inclusion of the Gold Butte National Conservation Area 
     in the National Landscape Conservation System would provide 
     increased opportunities for--
       (A) interpretation of the diverse values of the area for 
     the visiting public; and
       (B) education and community outreach in the region; and
       (6) designation of Gold Butte as a National Conservation 
     Area will permanently protect the scenic, biological, 
     natural, historical, scientific, paleontological, 
     recreational, ecological, wilderness, and cultural resources 
     within the area.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Advisory council.--The term ``Advisory Council'' means 
     the Gold Butte National Conservation Area Advisory Council 
     established under section 104(a).
       (2) Conservation area.--The term ``Conservation Area'' 
     means the Gold Butte National Conservation Area established 
     by section 101(a).
       (3) County.--The term ``County'' means Clark County, 
     Nevada.
       (4) Designated route.--The term ``designated route'' means 
     a road that is designated as open by the Route Designations 
     for Selected Areas of Critical Environmental Concern Located 
     in the Northeast Portion of the Las Vegas BLM District 
     Environmental Assessment, NV-052-2006-0433.
       (5) Management plan.--The term ``management plan'' means 
     the management plan for the Conservation Area developed under 
     section 102(b).
       (6) Map.--The term ``Map'' means the map entitled ``Gold 
     Butte National Conservation Area'' and dated May 23, 2013.
       (7) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (9) State.--The term ``State'' means the State of Nevada.
       (10) Wilderness area.--The term ``wilderness area'' means a 
     wilderness areas designated by section 202(a).

             TITLE I--GOLD BUTTE NATIONAL CONSERVATION AREA

     SEC. 101. ESTABLISHMENT OF GOLD BUTTE NATIONAL CONSERVATION 
                   AREA.

       (a) Establishment.--There is established the Gold Butte 
     National Conservation Area in the State.
       (b) Area Included.--The Conservation Area shall consist of 
     approximately 348,515 acres of public land administered by 
     the Bureau of Land Management in the County, as generally 
     depicted on the Map.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of the Conservation Area with the Committee 
     on Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate.
       (2) Effect.--The map and legal description prepared under 
     paragraph (1) shall have the same force and effect as if 
     included in this title, except that the Secretary may correct 
     minor errors in the map or legal description.
       (3) Public availability.--A copy of the map and legal 
     description shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management and the National Park Service.

     SEC. 102. MANAGEMENT OF CONSERVATION AREA.

       (a) Purposes.--In accordance with this title, the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), and other applicable laws, the Secretary shall manage 
     the Conservation Area in a manner

[[Page S3854]]

     that conserves, protects, and enhances the scenic, 
     biological, natural, historical, scientific, paleontological, 
     recreational, ecological, wilderness, and cultural resources 
     of the Conservation Area.
       (b) Management Plan.--
       (1) Plan required.--Not later than 3 years after the date 
     of enactment of this Act, the Secretary shall develop a 
     management plan for the long-term protection and management 
     of the Conservation Area.
       (2) Consultation.--The Secretary shall prepare the 
     management plan in consultation with the State, local and 
     tribal government entities, the Advisory Council, and the 
     public.
       (3) Requirements.--The management plan shall--
       (A) describe the appropriate uses and management of the 
     Conservation Area; and
       (B) include a recommendation on interpretive and 
     educational materials regarding the cultural and biological 
     resources of the region within which the Conservation Area is 
     located.
       (4) Incorporation of route designations.--The management 
     plan shall incorporate the decisions in the Route 
     Designations for Selected Areas of Critical Environmental 
     Concern Located in the Northeast Portion of the Las Vegas BLM 
     District Environmental Assessment, NV-052-2006-0433.
       (c) Uses.--The Secretary shall allow only such uses of the 
     Conservation Area that the Secretary determines would further 
     the purpose of the Conservation Area described in subsection 
     (a).
       (d) Incorporation of Acquired Land and Interests.--Any land 
     or interests in land located within the boundary of the 
     Conservation Area that is acquired by the United States after 
     the date of enactment of this Act shall become part of the 
     Conservation Area and be managed as provided in subsection 
     (a).
       (e) Motorized Vehicles.--
       (1) In general.--Except in cases in which motorized 
     vehicles are needed for administrative purposes or to respond 
     to an emergency, the use of motorized vehicles shall be 
     permitted only on designated routes.
       (2) Monitoring and evaluation.--The Secretary shall 
     annually--
       (A) assess the effects of the use of motorized vehicles on 
     designated routes; and
       (B) in consultation with the Nevada Department of Wildlife, 
     assess the effects of designated routes on wildlife and 
     wildlife habitat to minimize environmental impacts and 
     prevent damage to cultural and historical resources from the 
     use of designated routes.
       (3) Management.--
       (A) In general.--The Secretary shall manage designated 
     routes in a manner that--
       (i) is consistent with motorized and mechanized use of the 
     designated routes that is authorized on the date of the 
     enactment of this Act;
       (ii) ensures the safety of the people that use the 
     designated routes;
       (iii) does not damage sensitive habitat or cultural or 
     historical resources; and
       (iv) provides for adaptive management of resources and 
     restoration of damaged habitat or resources.
       (B) Rerouting.--
       (i) In general.--A designated route may be temporarily 
     closed or rerouted if the Secretary, in consultation with the 
     State, the County, and the Advisory Council, subject to 
     subparagraph (C), determines that--

       (I) the designated route is having an adverse impact on--

       (aa) sensitive habitat;
       (bb) natural resources;
       (cc) cultural resources; or
       (dd) historical resources;

       (II) the designated route threatens public safety;
       (III) temporary closure of the designated route is 
     necessary to repair--

       (aa) the designated route; or
       (bb) resource damage; or

       (IV) modification of the designated route would not 
     significantly affect access within the Conservation Area.

       (ii) Priority.--If the Secretary determines that the 
     rerouting of a designated route is necessary under clause 
     (i), the Secretary may give priority to existing roads 
     designated as closed.
       (iii) Duration.--A designated route that is temporarily 
     closed under clause (i) shall remain closed only until the 
     date on which the resource or public safety issue that led to 
     the temporary closure has been resolved.
       (C) Notice.--The Secretary shall provide information to the 
     public regarding any designated routes that are open, have 
     been rerouted, or are temporarily closed through--
       (i) use of appropriate signage within the Conservation 
     Area; and
       (ii) the distribution of maps, safety education materials, 
     law enforcement, and other information considered to be 
     appropriate by the Secretary.
       (4) No effect on non-federal land or interests in non-
     federal land.--Nothing in this section affects ownership, 
     management, or other rights relating to non-Federal land or 
     interests in non-Federal land.
       (5) Map on file.--The Secretary shall keep a current map on 
     file at the appropriate offices of the Bureau of Land 
     Management.
       (6) Road construction.--Except as necessary for 
     administrative purposes or to respond to an emergency, the 
     Secretary shall not construct any permanent or temporary road 
     within the Conservation Area after the date of enactment of 
     this Act.
       (f) National Landscape Conservation System.--The 
     Conservation Area shall be administered as a component of the 
     National Landscape Conservation System.
       (g) Hunting, Fishing, and Trapping.--Nothing in this title 
     affects the jurisdiction of the State with respect to fish 
     and wildlife, including hunting, fishing, and trapping in the 
     Conservation Area.

     SEC. 103. GENERAL PROVISIONS.

       (a) No Buffer Zones.--
       (1) In general.--The establishment of the Conservation Area 
     shall not create an express or implied protective perimeter 
     or buffer zone around the Conservation Area.
       (2) Private land.--If the use of, or conduct of an activity 
     on, private land that shares a boundary with the Conservation 
     Area is consistent with applicable law, nothing in this title 
     concerning the establishment of the Conservation Area 
     prohibits or limits the use or conduct of the activity.
       (b) Withdrawals.--Subject to valid existing rights, all 
     public land within the Conservation Area, including any land 
     or interest in land that is acquired by the United States 
     within the Conservation Area after the date of enactment of 
     this Act, is withdrawn from--
       (1) entry, appropriation or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (c) Special Management Areas.--
       (1) In general.--The establishment of the Conservation Area 
     shall not affect the management status of any area within the 
     boundary of the Conservation Area that is protected under the 
     Clark County Multi-Species Habitat Conservation Plan.
       (2) Conflict of laws.--If there is a conflict between the 
     laws applicable to an area described in paragraph (1) and 
     this title, the more restrictive provision shall control.

     SEC. 104. GOLD BUTTE NATIONAL CONSERVATION AREA ADVISORY 
                   COUNCIL.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish an 
     advisory council, to be known as the ``Gold Butte National 
     Conservation Area Advisory Council''.
       (b) Duties.--The Advisory Council shall advise the 
     Secretary with respect to the preparation and implementation 
     of the management plan.
       (c) Applicable Law.--The Advisory Council shall be subject 
     to--
       (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
       (2) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.).
       (d) Members.--
       (1) In general.--The Advisory Council shall include 13 
     members to be appointed by the Secretary, of whom, to the 
     extent practicable--
       (A) 4 members shall be appointed after considering the 
     recommendations of the Mesquite, Nevada, City Council;
       (B) 1 member shall be appointed after considering the 
     recommendations of the Bunkerville, Nevada, Town Advisory 
     Board;
       (C) 1 member shall be appointed after considering the 
     recommendations of the Moapa Valley, Nevada, Town Advisory 
     Board;
       (D) 1 member shall be appointed after considering the 
     recommendations of the Moapa, Nevada, Town Advisory Board;
       (E) 1 member shall be appointed after considering the 
     recommendations of the Moapa Band of Paiutes Tribal Council; 
     and
       (F) 5 at-large members from the County shall be appointed 
     after considering the recommendations of the County 
     Commission.
       (2) Special appointment considerations.--The at-large 
     members appointed under paragraph (1)(F) shall have 
     backgrounds that reflect--
       (A) the purposes for which the Conservation Area was 
     established; and
       (B) the interests of persons affected by the planning and 
     management of the Conservation Area.
       (3) Representation.--The Secretary shall ensure that the 
     membership of the Advisory Council is fairly balanced in 
     terms of the points of view represented and the functions to 
     be performed by the Advisory Council.
       (4) Initial appointment.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall appoint 
     the initial members of the Advisory Council in accordance 
     with paragraph (1).
       (e) Duties of the Advisory Council.--The Advisory Council 
     shall advise the Secretary with respect to the preparation 
     and implementation of the management plan, including 
     budgetary matters relating to the Conservation Area.
       (f) Compensation.--.Members of the Advisory Council shall 
     receive no compensation for serving on the Advisory Council.
       (g) Chairperson.--
       (1) In general.--The Advisory Council shall elect a 
     Chairperson from among the members of the Advisory Council.
       (2) Term.--The term of the Chairperson shall be 3 years.
       (h) Term of Members.--
       (1) In general.--The term of a member of the Advisory 
     Council shall be 3 years.
       (2) Successors.--Notwithstanding the expiration of a 3-year 
     term of a member of the Advisory Council, a member may 
     continue to serve on the Advisory Council until a successor 
     is appointed.
       (i) Vacancies.--
       (1) In general.--A vacancy on the Advisory Council shall be 
     filled in the same manner in which the original appointment 
     was made.

[[Page S3855]]

       (2) Appointment for remainder of term.--A member appointed 
     to fill a vacancy on the Advisory Council shall serve for the 
     remainder of the term for which the predecessor was 
     appointed.
       (j) Termination.--The Advisory Council shall terminate not 
     later than 3 years after the date on which the final version 
     of the management plan is published.

   TITLE II--DESIGNATION OF WILDERNESS AREAS IN CLARK COUNTY, NEVADA

     SEC. 201. FINDINGS.

       Congress finds that--
       (1) public land administered by the Bureau of Land 
     Management, Bureau of Reclamation, and National Park Service 
     in the County contains unique and spectacular natural, 
     cultural, and historical resources, including--
       (A) priceless habitat for numerous species of plants and 
     wildlife;
       (B) thousands of acres of land that remain in a natural 
     state; and
       (C) numerous sites containing significant cultural and 
     historical artifacts; and
       (2) continued preservation of the public land would benefit 
     the County and all of the United States by--
       (A) ensuring the conservation of ecologically diverse 
     habitat;
       (B) protecting prehistoric cultural resources;
       (C) conserving primitive recreational resources; and
       (D) protecting air and water quality.

     SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       (a) Additions.--In furtherance of the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following public land administered 
     by the National Park Service or the Bureau of Land Management 
     in the County is designated as wilderness and as components 
     of the National Wilderness Preservation System:
       (1) Virgin peak wilderness.--Certain public land managed by 
     the Bureau of Land Management, comprising approximately 
     18,296 acres, as generally depicted on the Map, which shall 
     be known as the ``Virgin Peak Wilderness''.
       (2) Black ridge wilderness.--Certain public land managed by 
     the Bureau of Land Management, comprising approximately 
     18,192 acres, as generally depicted on the Map, which shall 
     be known as the ``Black Ridge Wilderness''.
       (3) Bitter ridge north wilderness.--Certain public land 
     managed by the Bureau of Land Management comprising 
     approximately 15,114 acres, as generally depicted on the Map, 
     which shall be known as the ``Bitter Ridge North 
     Wilderness''.
       (4) Bitter ridge south wilderness.--Certain public land 
     managed by the Bureau of Land Management, comprising 
     approximately 12,646 acres, as generally depicted on the Map, 
     which shall be known as the ``Bitter Ridge Wilderness''.
       (5) Billy goat peak wilderness.--Certain public land 
     managed by the Bureau of Land Management, comprising 
     approximately 30,460 acres, as generally depicted on the Map, 
     which shall be known as the ``Billy Goat Peak Wilderness''.
       (6) Million hills wilderness.--Certain public land managed 
     by the Bureau of Land Management, comprising approximately 
     24,818 acres, as generally depicted on the Map, which shall 
     be known as the ``Million Hills Wilderness''.
       (7) Overton wilderness.--Certain Federal land within the 
     Lake Mead National Recreation Area, comprising approximately 
     23,227 acres, as generally depicted on the Map, which shall 
     be known as the ``Overton Wilderness''.
       (8) Twin springs wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area, comprising 
     approximately 9,684 acres, as generally depicted on the Map, 
     which shall be known as the ``Twin Springs Wilderness''.
       (9) Scanlon wash wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area, comprising 
     approximately 22,826 acres, as generally depicted on the Map, 
     which shall be known as the ``Scanlon Wash Wilderness''.
       (10) Hiller mountains wilderness.--Certain Federal land 
     within the Lake Mead National Recreation Area, comprising 
     approximately 14,832 acres, as generally depicted on the Map, 
     which shall be known as the ``Hiller Mountains Wilderness''.
       (11) Hell's kitchen wilderness.--Certain Federal land 
     within the Lake Mead National Recreation Area, comprising 
     approximately 12,439 acres, as generally depicted on the Map, 
     which shall be known as the ``Hell's Kitchen Wilderness''.
       (12) Indian hills wilderness.--Certain Federal land within 
     the Lake Mead National Recreation Area, comprising 
     approximately 8,955 acres, as generally depicted on the Map, 
     which shall be known as the ``Indian Hills Wilderness''.
       (13) Lime canyon wilderness additions.--Certain public land 
     managed by the Bureau of Land Management, comprising 
     approximately 10,069 acres, as generally depicted on the Map, 
     which is incorporated in, and shall be managed as part of, 
     the ``Lime Canyon Wilderness'' designated by section 
     202(a)(9) of the Clark County Conservation of Public Land and 
     Natural Resources Act of 2002 (16 U.S.C. 1132 note; Public 
     Law 107-282).
       (b) National Landscape Conservation System.--The wilderness 
     areas administered by the Bureau of Land Management shall be 
     administered as components of the National Landscape 
     Conservation System.
       (c) Road Offset.--The boundary of any portion of a 
     wilderness area that is bordered by a road shall be at least 
     100 feet away from the centerline of the road so as not to 
     interfere with public access.
       (d) Lake Offset.--The boundary of any portion of a 
     wilderness area that is bordered by Lake Mead or the Colorado 
     River shall be 300 feet inland from the high water line.
       (e) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of each wilderness area with the Committee 
     on Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate.
       (2) Effect.--Each map and legal description under paragraph 
     (1) shall have the same force and effect as if included in 
     this title, except that the Secretary may correct clerical 
     and typographical errors in the map or legal description.
       (3) Availability.--Each map and legal description under 
     paragraph (1) shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management and the National Park Service.

     SEC. 203. ADMINISTRATION.

       (a) Management.--Subject to valid existing rights, the 
     wilderness areas shall be administered by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     except that--
       (1) any reference in that Act to the effective date of that 
     Act shall be considered to be a reference to the date of 
     enactment of this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.
       (b) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land within the boundaries of a wilderness 
     area that is acquired by the United States after the date of 
     enactment of this Act shall be added to, and administered as 
     part of, the wilderness area within which the acquired land 
     or interest is located.
       (c) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the land designated as a wilderness area--
       (i) is within the Mojave Desert;
       (ii) is arid in nature; and
       (iii) includes ephemeral streams;
       (B) the hydrology of the land designated as a wilderness 
     area is locally characterized by complex flow patterns and 
     alluvial fans with impermanent channels;
       (C) the subsurface hydrogeology of the region within which 
     the land designated as a wilderness area is located is 
     characterized by ground water subject to local and regional 
     flow gradients and artesian aquifers;
       (D) the land designated as a wilderness area is generally 
     not suitable for use or development of new water resource 
     facilities;
       (E) there are no actual or proposed water resource 
     facilities and no opportunities for diversion, storage, or 
     other uses of water occurring outside the land designated as 
     a wilderness area that would adversely affect the wilderness 
     or other values of the land; and
       (F) because of the unique nature and hydrology of the 
     desert land designated as a wilderness area and the existence 
     of the Clark County Multi-Species Habitat Conservation Plan, 
     it is possible to provide for proper management and 
     protection of the wilderness, perennial springs, and other 
     values of the land in ways different than the methods used in 
     other laws.
       (2) Statutory construction.--
       (A) No reservation.--Nothing in this title constitutes an 
     express or implied reservation by the United States of any 
     water or water rights with respect to the land designated as 
     a wilderness area.
       (B) State rights.--Nothing in this title affects any water 
     rights in the State existing on the date of enactment of this 
     Act, including any water rights held by the United States.
       (C) No precedent.--Nothing in this subsection establishes a 
     precedent with regard to any future wilderness designations.
       (D) No effect on compacts.--Nothing in this title limits, 
     alters, modifies, or amends any of the interstate compacts or 
     equitable apportionment decrees that apportion water among 
     and between the State and other States.
       (E) Clark county multi-species habitat conservation plan.--
     Nothing in this title limits, alters, modifies, or amends the 
     Clark County Multi-Species Habitat Conservation Plan with 
     respect to the land designated as a wilderness area, 
     including specific management actions for the conservation of 
     perennial springs.
       (3) Nevada water law.--The Secretary shall follow the 
     procedural and substantive requirements of State law in order 
     to obtain and hold any water rights not in existence on the 
     date of enactment of this Act with respect to the land 
     designated as a wilderness area.
       (4) New projects.--
       (A) Definition.--
       (i) In general.--In this paragraph, the term ``water 
     resource facility'' means irrigation and pumping facilities, 
     reservoirs, water conservation works, aqueducts, canals, 
     ditches, pipelines, wells, hydropower projects, and 
     transmission and other ancillary facilities, and other water 
     diversion, storage, and carriage structures.
       (ii) Exclusion.--In this paragraph, the term ``water 
     resource facility'' does not include wildlife guzzlers.

[[Page S3856]]

       (B) No licenses or permits.--Except as otherwise provided 
     in this title, on and after the date of enactment of this 
     Act, neither the President nor any other officer, employee, 
     or agent of the United States shall fund, assist, authorize, 
     or issue a license or permit for the development of any new 
     water resource facility within the land designated as a 
     wilderness area.
       (d) Withdrawal.--Subject to valid existing rights, any 
     Federal land within the wilderness areas, including any land 
     or interest in land that is acquired by the United States 
     within the Conservation Area after the date of enactment of 
     this Act, is withdrawn from--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.

     SEC. 204. ADJACENT MANAGEMENT.

       (a) No Buffer Zones.--Congress does not intend for the 
     designation of land as wilderness areas to lead to the 
     creation of protective perimeters or buffer zones around the 
     wilderness areas.
       (b) Nonwilderness Activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness area shall not preclude the conduct of those 
     activities or uses outside the boundary of the wilderness 
     area.

     SEC. 205. MILITARY, LAW ENFORCEMENT, AND EMERGENCY 
                   OVERFLIGHTS.

       Nothing in this Act restricts or precludes--
       (1) low-level overflights of military, law enforcement, or 
     emergency medical services aircraft over the area designated 
     as wilderness by this Act, including military, law 
     enforcement, or emergency medical services overflights that 
     can be seen or heard within the wilderness area;
       (2) flight testing and evaluation; or
       (3) the designation or creation of new units of special use 
     airspace, or the establishment of military, law enforcement, 
     or emergency medical services flight training routes, over 
     the wilderness area.

     SEC. 206. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1782), the Bureau of Land Management land in 
     any portion of the wilderness study areas located within the 
     Conservation Area not designated as a wilderness area has 
     been adequately studied for wilderness designation.
       (b) Release.--Any Bureau of Land Management land described 
     in subsection (a) that is not designated as a wilderness 
     area--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
       (2) shall be managed in accordance with--
       (A) the land management plans adopted under section 202 of 
     that Act (43 U.S.C. 1712); and
       (B) cooperative conservation agreements in existence on the 
     date of enactment of this Act; and
       (3) shall be subject to the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.).

     SEC. 207. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

       Nothing in this title diminishes--
       (1) the rights of any Indian tribe; or
       (2) tribal rights regarding access to Federal land for 
     tribal activities, including spiritual, cultural, and 
     traditional food-gathering activities.

     SEC. 208. WILDLIFE MANAGEMENT.

       (a) In General.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title 
     affects or diminishes the jurisdiction of the State with 
     respect to fish and wildlife management, including the 
     regulation of hunting, fishing, and trapping, in the 
     wilderness areas.
       (b) Management Activities.--
       (1) In general.--In furtherance of the purposes and 
     principles of the Wilderness Act (16 U.S.C. 1131 et seq.), 
     management activities to maintain or restore fish and 
     wildlife populations and the habitats to support the 
     populations may be carried out within the wilderness areas, 
     if the activities--
       (A) are consistent with relevant wilderness management 
     plans; and
       (B) are carried out in accordance with appropriate 
     policies, such as those set forth in Appendix B of House 
     Report 101-405.
       (2) Use of motorized vehicles.--The management activities 
     under paragraph (1) may include the occasional and temporary 
     use of motorized vehicles, if the use, as determined by the 
     Secretary, would--
       (A) promote healthy, viable, and more naturally distributed 
     wildlife populations that would enhance wilderness values; 
     and
       (B) accomplish the purposes described in subparagraph (A) 
     with the minimum impact necessary to reasonably accomplish 
     the task.
       (c) Existing Activities.--Consistent with section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in 
     accordance with appropriate policies such as those set forth 
     in Appendix B of House Report 101-405, the State may continue 
     to use aircraft (including helicopters) to survey, capture, 
     transplant, monitor, and provide water for wildlife 
     populations, including bighorn sheep, and feral stock, 
     horses, and burros.
       (d) Wildlife Water Development Projects.--Subject to 
     subsection (f), the Secretary shall authorize structures and 
     facilities, including existing structures and facilities, for 
     wildlife water development projects, including guzzlers, in 
     the wilderness areas if--
       (1) the structures and facilities will, as determined by 
     the Secretary, enhance wilderness values by promoting 
     healthy, viable and more naturally distributed wildlife 
     populations; and
       (2) the visual impacts of the structures and facilities on 
     the wilderness areas can reasonably be minimized.
       (e) Hunting, Fishing, and Trapping.--
       (1) In general.--The Secretary may designate, by 
     regulation, areas in which, and establish periods during 
     which, for reasons of public safety, administration, or 
     compliance with applicable laws, no hunting, fishing, or 
     trapping will be permitted in the wilderness areas.
       (2) Consultation.--Except in emergencies, the Secretary 
     shall consult with the appropriate State agency before 
     promulgating regulations under paragraph (1).
       (f) Cooperative Agreement.--The State, including a designee 
     of the State, may conduct wildlife management activities in 
     the wilderness areas--
       (1) in accordance with the terms and conditions specified 
     in the cooperative agreement between the Secretary and the 
     State entitled ``Memorandum of Understanding between the 
     Bureau of Land Management and the Nevada Department of 
     Wildlife Supplement No. 9'' and signed November and December 
     2003, including any amendments to the cooperative agreement 
     agreed to by the Secretary and the State; and
       (2) subject to all applicable laws (including regulations).

     SEC. 209. WILDFIRE, INSECT, AND DISEASE MANAGEMENT.

       (a) In General.--In accordance with section 4(d)(1) of the 
     Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take 
     such measures in each wilderness area as the Secretary 
     determines to be necessary for the control of fire, insects, 
     and diseases (including, as the Secretary determines to be 
     appropriate, the coordination of the activities with a State 
     or local agency).
       (b) Effect.--Nothing in this Act precludes a Federal, 
     State, or local agency from conducting wildfire management 
     operations (including operations using aircraft or mechanized 
     equipment) in accordance with section 4(d)(1) of the 
     Wilderness Act (16 U.S.C. 1133(d)(1)).

     SEC. 210. CLIMATOLOGICAL DATA COLLECTION.

       Subject to such terms and conditions as the Secretary may 
     require, nothing in this title precludes the installation and 
     maintenance of hydrologic, meteorologic, or climatological 
     collection devices in the wilderness areas if the facilities 
     and access to the facilities are essential to flood warning, 
     flood control, and water reservoir operation activities.

     SEC. 211. NATIONAL PARK SYSTEM LAND.

       To the extent any of the provisions of this title are in 
     conflict with laws (including regulations) or management 
     policies applicable to Federal land within the Lake Mead 
     National Recreation Area designated as a wilderness area, the 
     laws (including regulations) or policies shall control.

                     TITLE III--GENERAL PROVISIONS

     SEC. 301. RELATIONSHIP TO CLARK COUNTY MULTI-SPECIES HABITAT 
                   CONSERVATION PLAN.

       (a) In General.--Nothing in this Act limits, alters, 
     modifies, or amends the Clark County Multi-Species Habitat 
     Conservation Plan with respect to the Conservation Area and 
     the wilderness areas, including the specific management 
     actions contained in the Clark County Multi-Species Habitat 
     Conservation Plan for the conservation of perennial springs.
       (b) Conservation Management Areas.--The Secretary shall 
     credit the Conservation Area and the wilderness areas as 
     Conservation Management Areas, as may be required by the 
     Clark County Multi-Species Habitat Conservation Plan 
     (including amendments to the plan).
       (c) Management Plan.--In developing the management plan, to 
     the extent consistent with this section, the Secretary may 
     incorporate any provision of the Clark County Multi-Species 
     Habitat Conservation Plan.

     SEC. 302. VISITOR CENTER, RESEARCH, AND INTERPRETATION.

       (a) In General.--The Secretary, acting through the Director 
     of the Bureau of Land Management, may establish, in 
     cooperation with any other public or private entities that 
     the Secretary may determine to be appropriate, a visitor 
     center and field office in Mesquite, Nevada--
       (1) to serve visitors; and
       (2) to assist in fulfilling the purposes of--
       (A) the Lake Mead National Recreation Area;
       (B) the Grand Canyon-Parashant National Monument; and
       (C) the Conservation Area.
       (b) Requirements.--The Secretary shall ensure that the 
     visitor center authorized under subsection (a) is designed--
       (1) to interpret the scenic, biological, natural, 
     historical, scientific, paleontological, recreational, 
     ecological, wilderness, and cultural resources of each of the 
     areas described in that subsection; and
       (2) to serve as an interagency field office for each of the 
     areas described in that subsection.
       (c) Cooperative Agreements.--The Secretary may, in a manner 
     consistent with this Act, enter into cooperative agreements 
     with the State, the State of Arizona, and any other 
     appropriate institutions and organizations to carry out the 
     purposes of this section.

[[Page S3857]]

     SEC. 303. TERMINATION OF WITHDRAWAL OF BUREAU OF LAND 
                   MANAGEMENT LAND.

       (a) Termination of Withdrawal.--The withdrawal of the 
     parcels of Bureau of Land Management land described in 
     subsection (b) for use by the Bureau of Reclamation is 
     terminated.
       (b) Description of Land.--The parcels of land referred to 
     in subsection (a) consist of the Bureau of Land Management 
     land identified on the Map as ``Transfer from BOR to BLM''.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall finalize the legal 
     description of the land reverting to the Bureau of Land 
     Management under subsection (a).
       (2) Minor errors.--The Secretary may correct any minor 
     error in--
       (A) the Map; or
       (B) the legal description.
       (3) Availability.--The Map and legal description shall be 
     on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management and the 
     Bureau of Reclamation.
                                 ______
                                 
      By Mr. KIRK:
  S. 1059. A bill to amend the Immigration and Nationality Act to deem 
any person who has received an award from the Armed Forces of the 
United States for engagement in active combat or active participation 
in combat to have satisfied certain requirements for naturalization; to 
the Committee on the Judiciary.
  Mr. KIRK. Mr. President, I rise today to introduce a bill that waives 
the naturalization requirements for non-citizen recipients of our armed 
forces' combat service awards. When a soldier, sailor, airman, or 
marine puts their life on the line for the United States, it only makes 
sense that we reciprocate their commitment to this nation by awarding 
these heroes U.S. citizenship as expeditiously as possible.
  These awards include the Combat Infantryman Badge, the Combat Medical 
Badge, the Combat Action Badge, the Combat Action Ribbon, the Air Force 
Combat Action Medal, or any equivalent award recipients. They recognize 
a servicemember's presence under hostile fire or engagement in combat 
missions.
  According to the Center for Naval Analysis, roughly 70,000 non-
citizens enlisted in the active duty military between 1999 and 2008. 
These men and women have served in Operations New Dawn and Iraqi 
Freedom, and continue to serve today in Operation Enduring Freedom and 
elsewhere around the world.
  The contributions of these men and women to the character of our 
military are unquestionable, and they possess language and cultural 
skills that are critical to the Department of Defense's mission. This 
legislation honors their service, and I encourage my colleagues to 
support its passage.
                                 ______
                                 
      By Mr. REED:
  S. 1062. A bill to improve quality and accountability for educator 
preparation programs; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. REED. Mr. President, we rely on our public schools to prepare the 
next generation for success as citizens, workers, and innovators. We 
have asked educators to raise the bar and educate all students to 
internationally competitive college and career-ready standards. To 
achieve these goals, we need to focus on the professionals who have the 
greatest impact on student learning at school--teachers and principals.
  Today, I am pleased to be reintroducing the Educator Preparation 
Reform Act with Representative Honda to improve how we prepare 
teachers, principals, and other educators so that they can be effective 
right from the start. We have also reintroduced the Effective Teaching 
and Leading Act to support teachers, librarians, and principals 
currently on the job through a comprehensive system of induction, 
professional development, and evaluation.
  The Educator Preparation Reform Act builds on the success of the 
Teacher Quality Partnership Program, which I helped author in the 1998 
reauthorization of the Higher Education Act. The legislation we are 
reintroducing today places specific attention and emphasis on 
principals with the addition of a residency program for new principals.
  Improving instruction is a team effort, with principals at the helm. 
This bill better connects teacher preparation with principal 
preparation. The Educator Preparation Reform Act will also allow 
partnerships to develop preparation programs for other areas of 
instructional need, such as for school librarians, counselors, or other 
academic support professionals.
  The bill also revamps the accountability and reporting requirements 
for teacher preparation programs to provide greater transparency on key 
quality measures such as admissions standards, requirements for 
clinical practice, placement of graduates, retention in the field of 
teaching, and teacher performance, including student learning outcomes. 
All programs--whether traditional or alternative routes to 
certification--will be asked to report on the same measures.
  Under our legislation, states will be required to identify at-risk 
and low-performing programs and provide them with technical assistance 
and a timeline for improvement. States would be encouraged to close 
programs that do not improve.
  The Educator Preparation Reform Act refocuses the state set-aside for 
higher education in Title II of the Elementary and Secondary Education 
Act on technical assistance for struggling teacher preparation programs 
and the development of systems for assessing the quality and 
effectiveness of professional development programs. At the same time, 
it allows for activities to support the development and implementation 
of performance assessments to measure new teachers' readiness for the 
classroom and enhance professional development in the core academic 
areas.
  We have been fortunate to work with many stakeholders on this 
legislation. Organizations that have endorsed the Educator Preparation 
Reform Act include: The Alliance for Excellent Education, American 
Association of Colleges for Teacher Education, American Association of 
State Colleges and Universities, American Council on Education, 
American Psychological Association, Association of American 
Universities, Association of Jesuit Colleges and Universities, 
Association of Public and Land-grant Universities, Council for 
Christian Colleges and Universities, First Focus Campaign for Children, 
Higher Education Consortium for Special Education, Hispanic Association 
of Colleges and Universities, National Association of Elementary School 
Principals, National Association of Independent Colleges and 
Universities, National Association of Secondary School Principals, 
National Association of State Directors of Special Education, National 
Council of Teachers of Mathematics, National Science Teachers 
Association, National School Boards Association Opportunity to Learn 
Action Fund, Public Education Network, Rural School and Community 
Trust, Silicon Valley Education Foundation, Teacher Education Division 
of the Council for Exceptional Children, American Association of 
Colleges of Teacher Education, The Higher Education Task Force, 
National Association of Elementary School Principals, and National 
Association of Secondary School Principals.
  I look forward to working to incorporate this legislation into the 
upcoming reauthorizations of the Elementary and Secondary Education Act 
and the Higher Education Act. I urge my colleagues to join in this 
effort and support this legislation.
                                 ______
                                 
      By Mr. REED:
  S. 1063. A bill to improve teacher quality, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, today I am reintroducing the Effective 
Teaching and Leading Act to foster the development of highly skilled 
and effective educators.
  In the upcoming reauthorization of the Elementary and Secondary 
Education Act, ESEA, building the capacity of our Nation's schools to 
enhance the effectiveness of teachers, principals, school librarians, 
and other school leaders must be among our top priorities.
  Decades of research have demonstrated that improving educator and 
principal quality as well as greater family involvement are the keys to 
raising student achievement and turning around struggling schools. To 
strengthen teaching and school leadership, the Effective Teaching and 
Leading Act would amend Title II of ESEA to provide targeted assistance 
to

[[Page S3858]]

schools to develop and support effective teachers, principals, school 
librarians, and school leaders through implementation of comprehensive 
induction, professional development, and evaluation systems.
  Every year across the country thousands of teachers leave the 
profession--many within their first years of teaching. An estimate by 
the National Commission on Teaching and America's Future of the 
nationwide cost of replacing public school teachers who have dropped 
out of the profession is $7.3 billion annually.
  There are proven and well-documented strategies to support teachers 
that will keep them in our schools. Evidence has shown that providing 
teachers with comprehensive mentoring and support during their first 
two years of teaching reduces attrition by as much as half and 
increases student learning gains. The Effective Teaching and Leading 
Act would help schools implement the key elements of effective multi-
year mentoring and induction for beginning teachers.
  The bill also significantly revises the definition of ``professional 
development'' in current law to foster an ongoing culture of teacher, 
principal, school librarian, and staff collaboration throughout 
schools. All too often the available professional development still 
consists of isolated, check-the-box activities instead of helping 
educators engage in sustained professional learning that is regularly 
evaluated for its impact on classroom practice and student achievement. 
Effective professional development is collaborative, job-embedded, and 
informed by data.
  It is also clear that evaluation systems have an important role to 
play in educator development. Through Race to the Top, ESEA waivers, 
and other initiatives many states and school systems are focusing on 
reforming their evaluation systems. When evaluation is done right, it 
provides educators with individualized ongoing feedback on their 
strengths and weaknesses and offers a path to improvement. The 
Effective Teaching and Leading Act would require school districts to 
establish rigorous, fair, and transparent evaluation systems that use 
multiple measures, including growth in student achievement.
  Principals and school leaders also play a leading role in school 
improvement efforts and managing a collaborative culture of ongoing 
professional learning and development. Research has shown that 
leadership is second only to classroom instruction among school-related 
factors that influence student outcomes. As such, this bill would 
provide ongoing high-quality professional development to principals and 
school leaders, including multi-year induction and mentoring for new 
administrators.
  Recognizing the importance of creating career advancement and 
leadership opportunities for teachers, the Effective Teaching and 
Leading Act supports opportunities for teachers to serve as mentors, 
instructional coaches, or master teachers, or take on increased 
responsibility for professional development, curriculum, or school 
improvement activities. It also calls for significant and sustainable 
stipends for educators that take on these new roles and 
responsibilities.
  The bill also requires school districts to conduct surveys of the 
working and learning conditions educators face so this data could be 
used to better target investments and professional development support.
  Improving teaching and school leadership is not simply a matter of 
sorting the good teachers and principals from the bad. What is needed 
is a comprehensive and integrated approach that supports new teachers 
and leaders as they enter the profession; provides on-going 
professional development that helps them improve and their students 
achieve; and that fairly assesses performance and provides feedback for 
improvement. This is the approach taken by the Effective Teaching and 
Leading Act.
  I worked with a range of education organizations in developing this 
bill, including the Alliance for Excellent Education, American 
Federation of School Administrators, American Federation of Teachers; 
American Association of Colleges for Teacher Education; Association for 
Supervision and Curriculum Development; National Association of 
Elementary School Principals; National Association of Secondary School 
Principals; National Board for Professional Teaching Standards; 
Learning Forward; the National Commission for Teaching and America's 
Future, and the New Teacher Center. I thank them for their input and 
support for the bill.
  I thank Congressman Mike Honda of California for introducing the 
companion bill in the House. I encourage my colleagues to cosponsor the 
Effective Teaching and Leading Act and work for its inclusion in the 
upcoming reauthorization of the Elementary and Secondary Education Act.
                                 ______
                                 
      By Mr. KAINE (for himself and Mr. Warner):
  S. 1074. A bill to extend Federal recognition to the Chickahominy 
Indian Tribe, the Chickahominy Indian Tribe-Easter Division, the Upper 
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian 
Nation, and the Nansemond Indian Tribe; to the Committee on Indian 
Affairs.
  Mr. KAINE. Mr. President, I am pleased to introduce the Thomasina E. 
Jordan Indian Tribes of Virginia Federal Recognition Act of 2013.
  This legislation is critically important, because it is a major step 
towards reconciling an historic wrong for Virginia and the Nation. 
While the Virginia Tribes have received official recognition from the 
Commonwealth of Virginia, acknowledgement and officially-recognized 
status from the federal government has been considerably more difficult 
due to their systematic mistreatment over the past century.
  The identities of the tribal members of Virginia's Indian Tribes were 
stripped away by Virginia's Racial Integrity Act, a State law in effect 
from 1924 to 1967. Racial identifications of those without white 
ancestry were changed to ``colored'' on birth certificates during that 
period. In addition, 5 of the 6 courthouses that held the vast majority 
of the Virginia Indian Tribal records needed to document their history 
to the degree required by the Bureau of Indian Affairs Office of 
Federal Acknowledgement were destroyed in the Civil War.
  Furthermore, Virginia Indians and England signed the Treaty of Middle 
Plantation in 1677. This predated the creation of the United States of 
America by just short of 100 years. This Treaty was never recognized by 
the founding fathers of the United States. Therefore, the Tribes were 
not granted Federal recognition upon signing treaties with the federal 
government like tribes in other states did.
  I am proud of Virginia's recognized Indian Tribes and their 
contributions to our Commonwealth. The Virginia Tribes are a part of 
us. We go to school together, work together, and serve our Commonwealth 
and nation together every day. These contributions should be 
acknowledged, and this Federal recognition for Virginia's native 
peoples is long overdue.
  It is my hope that the Senate will act upon my legislation this year, 
to give these 6 Virginia Native American Tribes the Federal recognition 
that is long overdue.
                                 ______
                                 
      By Mr. CARDIN (for himself, Ms. Mikulski, Mr. Carper, Mr. Warner, 
        Mr. Coons, and Mr. Kaine):
  S. 1077. A bill to amend the Chesapeake Bay Initiative Act of 1998 to 
provide for the reauthorization of the Chesapeake Bay Gateways and 
Watertrails Network; to the Committee on Environment and Public Works.
  Mr. CARDIN. Mr. President, authorized under P.L. 105-312 in 1998 and 
reauthorized by P.L. 107-308 in 2002, the Chesapeake Bay Gateways and 
Watertrails Network helps several million visitors and residents 
discover, enjoy, and learn about the special places and stories of the 
Chesapeake Bay and its watershed. Today I am introducing legislation to 
reauthorize this successful program.
  For visitors and residents, the Gateways are the ``Chesapeake 
connection.'' The Network members provide an experience of such high 
quality that their visitors will indeed connect to the Chesapeake 
emotionally as well as intellectually, and thus to its conservation.
  The Chesapeake Bay is a national treasure. The Chesapeake ranks as 
the largest of America's 130 estuaries and

[[Page S3859]]

one of the nation's largest and longest fresh water and estuarine 
systems. The Atlantic Ocean delivers half the bay's 18 trillion gallons 
of water and the other half flows through over 150 major rivers and 
streams draining 64,000 square miles within six states and the District 
of Columbia. The Chesapeake watershed is among the most significant 
cultural, natural and historic assets of our nation.
  The Chesapeake is enormous and vastly diverse--how could you possibly 
experience the whole story in any one place? Better to connect and use 
the scores of existing public places to collaborate on presenting the 
many chapters and tales of the bay's story. Visitors and residents go 
to more places for more experiences, all through a coordinated Gateways 
Network.
  Beyond simply coordinating the Network, publishing a map and guides, 
and providing standard exhibits at all Gateways, the National Park 
Service has helped Gateways with matching grants and expertise for 200 
projects with a total value of more than $12 million. This is a great 
deal for the Bay--it helps Network members tell the Chesapeake story 
better and inspires people to care for this National Treasure--and it's 
a good deal for the Park Service. In this legislation, we cap the 
Gateways authorization at just $2 million annually. It serves all 150+ 
Gateways and their 10 million visitors. No other National Park can 
provide such a dramatic ratio of public dollars spent to number of 
visitors served.
  With the National Park Service's expertise and support, Gateways have 
made significant progress in their mission to tell the bay's stories to 
their millions of members and visitors, extend access to the bay and 
its watershed, and develop a conservation awareness and ethic. It is 
time to reauthorize the Chesapeake Gateways and Watertrails program. It 
is my hope that the Congress will act quickly to adopt this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of th bill was ordered to be 
printed in the Record, as follows:

                                S. 1077

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Chesapeake Bay Gateways and 
     Watertrails Network Reauthorization Act''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       Section 502(c) of the Chesapeake Bay Initiative Act of 1998 
     (16 U.S.C. 461 note; Public Law 105-312) is amended by 
     striking ``fiscal years'' and all that follows through the 
     period at the end and inserting ``fiscal years 2014 through 
     2018.''.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Kirk):
  S. 1083. A bill to provide high-quality public charter school options 
for students by enabling such public charter schools to expand and 
replicate; to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, today I am introducing legislation 
designed to improve educational opportunities for students. The All 
Students Achieving Through Reform Act, or All-STAR Act, would provide 
Federal resources to the most successful charter schools to help them 
grow and replicate their success. I thank Senator Kirk, for joining me 
in this effort.
  Across the nation, public charter schools are achieving promising 
results in low-income communities. I have been particularly impressed 
by the Noble Street schools in Chicago. Since opening its first campus 
in 1999, Noble Street has expanded to 12 charter high schools educating 
over 7,600 students from more than seventy communities, including some 
of Chicago's most difficult neighborhoods.
  Noble Street has achieved phenomenal results. Even though seventy-
five percent of students enter school with below grade level skills, 
Noble juniors have the highest ACT scores among Chicago open-enrollment 
schools. Moreover, 99 percent of Noble Street's seniors graduate and 90 
percent go on to college. I see this success in action when I visit 
Noble Street schools. As soon as you walk in the door, you can tell 
that everyone in the building is focused on academic success. The 
students are actively engaged in their learning. Their teachers and 
principals are demanding and inspiring. Noble Street would like to 
continue to grow and educate more students in Chicago.
  Every day 2.3 million students attend approximately 6,000 public 
charter schools nationally. Let us be honest, not all charter schools 
are excellent. Poor-performing charter schools should be closed. But we 
also need to replicate and expand the ones that are beating the odds, 
and we need to learn from them. The 2013 U.S. News and World Report's 
Best High Schools list included three public charters in its top ten 
and twenty-eight charter schools in its top 100. We need more excellent 
charters, like these and the Noble Street schools, in Illinois and 
around the country.
  The bipartisan bill I am introducing today would help make that 
possible. My bill would allow the existing charter school program to 
fund the expansion and replication of the most successful charter 
schools. Schools that have achieved positive results with their 
students will be able to apply for Federal grants to expand, allowing 
them to include additional grades or to replicate the model at a new 
school. Successful charters across the country will be able to grow, 
providing better educational opportunities to thousands of students.
  The bill also incentivizes the adoption of strong charter school 
policies by states. We know that successful charter schools can thrive 
when they have autonomy, freedom to grow, and strong accountability 
based on meeting performance targets. The bill would give grant 
priority to States that provide that environment. The bill also 
requires new levels of charter school authorizer reporting and 
accountability to ensure that good charter schools are able to succeed 
while bad charter schools are improved or shut down.
  This bill will improve educational opportunities for students across 
the nation. Charter schools represent some of the brightest spots in 
urban education today, and successful models have the full support of 
the President and Secretary Duncan. We need to help these schools grow 
and bring their best lessons into our regular public schools so that 
all students can benefit. Supporting the growth of successful charter 
schools should be a part of the conversation when we take up 
reauthorization of the Elementary and Secondary Education Act. I look 
forward to being a part of that discussion.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of th bill was ordered to be 
printed in the Record, as follows:

                                S. 1083

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``All Students Achieving 
     through Reform Act of 2013'' or ``All-STAR Act of 2013''.

     SEC. 2. CHARTER SCHOOL EXPANSION AND REPLICATION.

       (a) In General.--Subpart 1 of part B of title V of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7221 et seq.) is amended--
       (1) by striking section 5211;
       (2) by redesignating section 5210 as section 5211; and
       (3) by inserting after section 5209 the following:

     ``SEC. 5210. CHARTER SCHOOL EXPANSION AND REPLICATION.

       ``(a) Purpose.--It is the purpose of this section to 
     support State efforts to expand and replicate high-quality 
     public charter schools to enable such schools to serve 
     additional students, with a priority to serve those students 
     who attend identified schools or schools with a low 
     graduation rate.
       ``(b) Support for Proven Charter Schools and Increasing the 
     Supply of High-Quality Charter Schools.--
       ``(1) Grants authorized.--From the amounts appropriated 
     under section 5200 for any fiscal year, the Secretary shall 
     award grants, on a competitive basis, to eligible entities to 
     enable the eligible entities to make subgrants to eligible 
     public charter schools under subsection (e)(1) and carry out 
     the other activities described in subsection (e), in order to 
     allow the eligible public charter schools to serve additional 
     students through the expansion and replication of such 
     schools.
       ``(2) Amount of grants.--In determining the grant amount to 
     be awarded under this subsection to an eligible entity, the 
     Secretary shall consider--
       ``(A) the number of eligible public charter schools under 
     the jurisdiction or in the service area of the eligible 
     entity that are operating;

[[Page S3860]]

       ``(B) the number of new openings for students that could be 
     created in such schools with such grant;
       ``(C) the number of students attending identified schools 
     or schools with a low graduation rate in the State or area 
     where an eligible entity intends to replicate or expand 
     eligible public charter schools; and
       ``(D) the success of the eligible entity in overseeing 
     public charter schools and the likelihood of continued or 
     increased success because of the grant under this section.
       ``(3) Duration of grants.--
       ``(A) In general.--A grant under this section shall be for 
     a period of not more than 3 years, except that--
       ``(i) an eligible entity receiving such grant may, at the 
     discretion of the Secretary, continue to expend grant funds 
     after the end of the grant period; and
       ``(ii) the Secretary may renew such grant for 1 additional 
     2-year period, if the Secretary determines that the eligible 
     entity is meeting the goals of the grant.
       ``(B) Subsequent grants.--An eligible entity that has 
     received a grant under this section may receive subsequent 
     grants under this section.
       ``(c) Application Requirements.--
       ``(1) Application requirements.--To be considered for a 
     grant under this section, an eligible entity shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(2) Contents.--The application described in paragraph (1) 
     shall include, at a minimum, the following:
       ``(A) Record of success.--Documentation of the record of 
     success of the eligible entity in overseeing or operating 
     public charter schools, including--
       ``(i) the performance of the students of such public 
     charter schools on the student academic assessments described 
     in section 1111(b)(3) of the State where such school is 
     located (including a measurement of the students' average 
     academic longitudinal growth at each such school, if such 
     measurement is required by a Federal or State law applicable 
     to the entity), disaggregated by--

       ``(I) economic disadvantage;
       ``(II) race and ethnicity;
       ``(III) disability status; and
       ``(IV) status as a student with limited English 
     proficiency;

       ``(ii)(I) the status of such schools in making adequate 
     yearly progress, as defined in a State's plan in accordance 
     with section 1111(b)(2)(C) or, in the case of schools for 
     which the Secretary has waived the applicability of such 
     section pursuant to the authority under section 9401, the 
     status of such schools under the accountability standards 
     authorized by such waiver; and
       ``(II) the status of such schools as identified schools;
       ``(iii) documentation of demonstrated success by such 
     public charter schools in closing historic achievement gaps 
     between groups of students; and
       ``(iv) in the case of such public charter schools that are 
     secondary schools--

       ``(I) the number of students enrolled in dual enrollment, 
     Advanced Placement, International Baccalaureate, or other 
     college level courses;
       ``(II) the number of students earning a professional 
     certificate or license through the school;
       ``(III) student graduation rates; and
       ``(IV) rates of student acceptance, enrollment, and 
     persistence in institutions of higher education, where 
     possible.

       ``(B) Plan.--A plan for--
       ``(i) replicating and expanding eligible public charter 
     schools operated or overseen by the eligible entity;
       ``(ii) identifying eligible public charter schools, or 
     networks of eligible public charter schools, to receive 
     subgrants under this section;
       ``(iii) increasing the number of openings in eligible 
     public charter schools for students attending identified 
     schools and schools with a low graduation rate;
       ``(iv) ensuring that eligible public charter schools 
     receiving a subgrant under this section enroll students 
     through a random lottery for admission, unless the charter 
     school is using the subgrant to expand the school to serve 
     additional grades, in which case such school may reserve 
     seats in the additional grades for--

       ``(I) each student enrolled in the grade preceding each 
     such additional grade;
       ``(II) siblings of students enrolled in the charter school, 
     if such siblings desire to enroll in such grade; and
       ``(III) children of the charter school's founders, staff, 
     or employees;

       ``(v)(I) in the case of an eligible entity described in 
     subparagraph (A) or (C) of subsection (k)(4), the manner in 
     which the eligible entity will work with identified schools 
     and schools with a low graduation rate that are eligible to 
     enroll students in a public charter school receiving a 
     subgrant under this section and that are under the eligible 
     entity's jurisdiction, and the local educational agencies 
     serving such schools (as applicable), to--

       ``(aa) engage in community outreach, provide information in 
     a language that the parents can understand, and communicate 
     with parents of students at identified schools and schools 
     with a low graduation rate who are eligible to attend a 
     public charter school receiving a subgrant under this section 
     about the opportunity to enroll in or transfer to such 
     school, in a manner consistent with section 444 of the 
     General Education Provisions Act (commonly known as the 
     `Family Educational Rights and Privacy Act of 1974'); and
       ``(bb) ensure that a student can transfer to an eligible 
     public charter school if the public charter school such 
     student was attending in the previous school year is no 
     longer an eligible public charter school; and

       ``(II) in the case of an eligible entity described in 
     subparagraph (B) or (D) of subsection (k)(4), the manner in 
     which the eligible entity will work with the local 
     educational agency to carry out the activities described in 
     items (aa) and (bb) of subclause (I);
       ``(vi) disseminating to public schools under the 
     jurisdiction or in the service area of the eligible entity, 
     in a manner consistent with section 444 of the General 
     Education Provisions Act (commonly known as the `Family 
     Educational Rights and Privacy Act of 1974'), the best 
     practices, programs, or strategies learned by awarding 
     subgrants to eligible public charter schools under this 
     section, with particular emphasis on the best practices with 
     respect to--

       ``(I) focusing on closing achievement gaps; or
       ``(II) successfully addressing the education needs of low-
     income students; and

       ``(vii) in the case of an eligible entity described in 
     subsection (k)(4)(D)--

       ``(I) supporting the short-term and long-term success of 
     the proposed project, by--

       ``(aa) developing a multi-year financial and operating 
     model for the eligible entity; and
       ``(bb) including, with the plan, evidence of the 
     demonstrated commitment of current partners, as of the time 
     of the application, for the proposed project and of broad 
     support from stakeholders critical to the project's long-term 
     success;

       ``(II) closing public charter schools that do not meet 
     acceptable standards of performance; and
       ``(III) achieving the objectives of the proposed project on 
     time and within budget, which shall include the use of 
     clearly defined responsibilities, timelines, and milestones 
     for accomplishing project tasks.

       ``(C) Charter school information.--The number of--
       ``(i) eligible public charter schools that are operating in 
     the State in which the eligible entity intends to award 
     subgrants under this section;
       ``(ii) public charter schools approved to open or likely to 
     open during the grant period in such State;
       ``(iii) available openings in eligible public charter 
     schools in such State that could be created through the 
     replication or expansion of such schools if the grant is 
     awarded to the eligible entity;
       ``(iv) students on public charter school waiting lists (if 
     such lists are available) in--

       ``(I) the State in which the eligible entity intends to 
     award subgrants under this section; and
       ``(II) each local educational agency serving an eligible 
     public charter school that may receive a subgrant under this 
     section from the eligible entity; and

       ``(v) students, and the percentage of students, in a local 
     educational agency who are attending eligible public charter 
     schools that may receive a subgrant under this section from 
     the eligible entity.
       ``(D) Traditional public school information.--In the case 
     of an eligible entity described in subparagraph (A) or (C) of 
     subsection (k)(4), a list of the following schools under the 
     jurisdiction of the eligible entity, including the name and 
     location of each such school, the number and percentage of 
     students under the jurisdiction of the eligible entity who 
     are attending such school, and such demographic and 
     socioeconomic information as the Secretary may require:
       ``(i) Identified schools.
       ``(ii) Schools with a low graduation rate.
       ``(E) Assurance.--In the case of an eligible entity 
     described in subsection (k)(4)(A), an assurance that the 
     eligible entity will include information (in a language that 
     the parents can understand) about the eligible public charter 
     schools receiving subgrants under this section--
       ``(i) in the notifications provided under section 
     1116(c)(6) to parents of each student enrolled in a school 
     served by a local educational agency identified for school 
     improvement or corrective action under paragraph (1) or (7) 
     of section 1116(c); or
       ``(ii) in any case where the requirements under section 
     1116(c) have been waived in whole or in part by the Secretary 
     under the authority of section 9401, to parents of each 
     student enrolled in a school served by a local educational 
     agency that has been identified as in need of additional 
     assistance under any accountability system established under 
     such section.
       ``(3) Modifications.--The Secretary may modify or waive any 
     information requirement under paragraph (2)(C) for an 
     eligible entity that demonstrates that the eligible entity 
     cannot reasonably obtain the information.
       ``(d) Priorities for Awarding Grants.--
       ``(1) In general.--In awarding grants under this section, 
     the Secretary shall give priority to an eligible entity 
     that--
       ``(A) serves or plans to serve a large percentage of low-
     income students from identified schools or public schools 
     with a low graduation rate;
       ``(B) oversees or plans to oversee one or more eligible 
     public charter schools;

[[Page S3861]]

       ``(C) provides evidence of effective monitoring of the 
     academic success of students who attend public charter 
     schools under the jurisdiction of the eligible entity;
       ``(D) has established goals, objectives, and outcomes for 
     the proposed project that are clearly specified, measurable, 
     and attainable;
       ``(E) in the case of an eligible entity that is a local 
     educational agency under State law, has a cooperative 
     agreement under section 1116(b)(11); and
       ``(F) is under the jurisdiction of, or plans to award 
     subgrants under this section in, a State that--
       ``(i) ensures that all public charter schools (including 
     such schools served by a local educational agency and such 
     schools considered to be a local educational agency under 
     State law) receive, in a timely manner, the Federal, State, 
     and local funds to which such schools are entitled under 
     applicable law;
       ``(ii) provides funding (such as capital aid distributed 
     through a formula or access to revenue generated bonds, and 
     including funding for school facilities) on a per-pupil basis 
     to public charter schools commensurate with the amount of 
     funding (including funding for school facilities) provided to 
     traditional public schools;
       ``(iii) provides strong evidence of support for public 
     charter schools and has in place innovative policies that 
     support academically successful charter school growth;
       ``(iv) authorizes public charter schools to offer early 
     childhood education programs, including prekindergarten, in 
     accordance with State law;
       ``(v) authorizes or allows public charter schools to serve 
     as school food authorities;
       ``(vi) ensures that each public charter school in the 
     State--

       ``(I) has a high degree of autonomy over the public charter 
     school's budget and expenditures;
       ``(II) has a written performance contract with an 
     authorized public chartering agency that ensures that the 
     school has an independent governing board with a high degree 
     of autonomy; and
       ``(III) in the case of an eligible public charter school 
     receiving a subgrant under this section, amends its charter 
     to reflect the growth activities described in subsection (e);

       ``(vii) has an appeals process for the denial of an 
     application for a public charter school;
       ``(viii) provides that an authorized public chartering 
     agency that is not a local educational agency, such as a 
     State chartering board, is available for each individual or 
     entity seeking to operate a public charter school pursuant to 
     such State law;
       ``(ix) allows any public charter school to be a local 
     educational agency in accordance with State law;
       ``(x) ensures that each authorized public chartering agency 
     in the State submits annual reports to the State educational 
     agency, and makes such reports available to the public, on 
     the performance of the schools authorized or approved by such 
     public chartering agency, which reports shall include--

       ``(I) the authorized public chartering agency's strategic 
     plan for authorizing or approving public charter schools and 
     any progress toward achieving the objectives of the strategic 
     plan;
       ``(II) the authorized public chartering agency's policies 
     for authorizing or approving public charter schools, 
     including how such policies examine a school's--

       ``(aa) financial plan and policies, including financial 
     controls and audit requirements;
       ``(bb) plan for identifying and successfully (in compliance 
     with all applicable laws and regulations) serving students 
     with disabilities, students who are English language 
     learners, students who are academically behind their peers, 
     and gifted students; and
       ``(cc) capacity and capability to successfully launch and 
     subsequently operate a public charter school, including the 
     backgrounds of the individuals applying to the agency to 
     operate such school and any record of such individuals 
     operating a school;

       ``(III) the authorized public chartering agency's policies 
     for renewing, not renewing, and revoking a public charter 
     school's charter, including the role of student academic 
     achievement in such decisions;
       ``(IV) the authorized public chartering agency's 
     transparent, timely, and effective process for closing down 
     academically unsuccessful public charter schools;
       ``(V) the academic performance of each operating public 
     charter school authorized or approved by the authorized 
     public chartering agency, including the information reported 
     by the State in the State annual report card under section 
     1111(h)(1)(C) for such school (or any similar reporting 
     requirement authorized by the Secretary through a waiver 
     under section 9401);
       ``(VI) the status of the authorized public chartering 
     agency's charter school portfolio, by identifying all charter 
     schools served by the public chartering agency in each of the 
     following categories: approved (but not yet open), operating, 
     renewed, transferred, revoked, not renewed, voluntarily 
     closed, or never opened;
       ``(VII) the authorizing functions provided by the 
     authorized public chartering agency to the public charter 
     schools under its purview, including such agency's operating 
     costs and expenses as detailed through annual auditing of 
     financial statements that conform with general accepted 
     accounting principles; and
       ``(VIII) the services purchased (such as accounting, 
     transportation, and data management and analysis) from the 
     authorized public chartering agency by the public charter 
     schools authorized or approved by such agency, including an 
     itemized accounting of the actual costs of such services; and

       ``(xi) has or will have (within 1 year after receiving a 
     grant under this section) a State policy and process for 
     overseeing and reviewing the effectiveness and quality of the 
     State's authorized public chartering agencies, including--

       ``(I) a process for reviewing and evaluating the 
     performance of the authorized public chartering agencies in 
     authorizing or approving public charter schools, including a 
     process that enables the authorized public chartering 
     agencies to respond to any State concerns; and
       ``(II) any other necessary policies to ensure effective 
     charter school authorizing in the State in accordance with 
     the principles of quality charter school authorizing, as 
     determined by the State in consultation with the charter 
     school community and stakeholders.

       ``(2) Special rule.--In awarding grants under this section, 
     the Secretary may determine how the priorities described in 
     paragraph (1) will apply to the different types of eligible 
     entities defined in subsection (k)(4).
       ``(e) Use of Funds.--An eligible entity receiving a grant 
     under this section shall use the grant funds for the 
     following:
       ``(1) Subgrants.--
       ``(A) In general.--An eligible entity shall award 
     subgrants, in such amount as the eligible entity determines 
     is appropriate, to eligible public charter schools to 
     replicate or expand such schools.
       ``(B) Application.--An eligible public charter school 
     desiring to receive a subgrant under this subsection shall 
     submit an application to the eligible entity at such time, in 
     such manner, and containing such information as the eligible 
     entity may require.
       ``(C) Uses of funds.--An eligible public charter school 
     receiving a subgrant under this subsection shall use the 
     subgrant funds to provide for an increase in the school's 
     enrollment of students through the replication or expansion 
     of the school, which may include use of funds to--
       ``(i) support the physical expansion of school buildings, 
     including financing the development of new buildings and 
     campuses to meet increased enrollment needs;
       ``(ii) pay costs associated with hiring additional teachers 
     to serve additional students;
       ``(iii) provide transportation to additional students to 
     and from the school (including providing transportation to 
     students who transfer to the school under a cooperative 
     agreement established under section 1116(b)(11)), as long as 
     the eligible public charter school demonstrates to the 
     eligible entity, in the application required under 
     subparagraph (B), that the public charter school has the 
     capability to continue providing such transportation after 
     the expiration of the subgrant funds;
       ``(iv) purchase instructional materials, implement teacher 
     and principal professional development programs, and hire 
     additional non-teaching staff; and
       ``(v) support any necessary activities associated with the 
     school carrying out the purposes of this section, including 
     data collection and management.
       ``(D) Priority.--In awarding subgrants under this 
     subsection, an eligible entity shall give priority to an 
     eligible public charter school that--
       ``(i)(I) has significantly closed any achievement gaps on 
     the State academic assessments described in section 
     1111(b)(3) among the groups of students described in section 
     1111(b)(2)(C)(v) by improving scores; or
       ``(II) in the case of a school in a State for which the 
     Secretary has granted a waiver under section 9401, has 
     significantly closed any achievement gaps among groups of 
     students, as determined by the Secretary in accordance with 
     any accountability standards that the Secretary has 
     authorized through such waiver; and
       ``(ii) has been in operation for not less than 3 
     consecutive years and has demonstrated overall success, 
     including--

       ``(I) substantial progress in improving student 
     achievement, as measured--

       ``(aa) for tested grades and subjects, by a student's score 
     on State academic assessments required under this Act, and 
     other rigorous measures of student learning that are 
     comparable across classrooms, such as the measures described 
     in item (bb); and
       ``(bb) for non-tested grades and subjects, alternative 
     measures of student learning and performance, such as student 
     scores on pretests and end-of-course tests, student 
     performance on English language proficiency assessments; and 
     other measures of student achievement that are rigorous and 
     comparable across classrooms; and

       ``(II) the management and leadership necessary to overcome 
     initial start-up problems and establish a thriving, 
     financially viable charter school.

       ``(E) Duration of subgrant.--A subgrant under this 
     subsection shall be awarded for a period of not more than 3 
     years, except that an eligible public charter school 
     receiving a subgrant under this subsection may, at the 
     discretion of the eligible entity, continue to expend 
     subgrant funds after the end of the subgrant period.
       ``(2) Facility financing and revolving loan fund.--An 
     eligible entity may use not more than 25 percent of the 
     amount of the grant funds received under this section to 
     establish a reserve account described in subsection (f) to 
     facilitate public charter school facility acquisition and 
     development by--

[[Page S3862]]

       ``(A) conducting credit enhancement initiatives (as 
     referred to in subpart 2) in support of the development of 
     facilities for eligible public charter schools serving 
     students;
       ``(B) establishing a revolving loan fund for use by an 
     eligible public charter school receiving a subgrant under 
     this subsection from the eligible entity under such terms as 
     may be determined by the eligible entity to allow such school 
     to expand to serve additional students;
       ``(C) facilitating, through direct expenditure or 
     financing, the acquisition or development of public charter 
     school buildings by the eligible entity or an eligible public 
     charter school receiving a subgrant under this subsection 
     from the eligible entity, which may be used as both permanent 
     locations for eligible public charter schools or incubators 
     for growing charter schools; or
       ``(D) establishing a partnership with 1 or more community 
     development financial institutions (as defined in section 103 
     of the Community Development Banking and Financial 
     Institutions Act of 1994 (12 U.S.C. 4702)) or other mission-
     based financial institutions to carry out the activities 
     described in subparagraphs (A), (B), and (C).
       ``(3) Administrative tasks, dissemination activities, 
     research, and data collection.--
       ``(A) In general.--An eligible entity may use not more than 
     7.5 percent of the grant funds awarded under this section to 
     cover administrative tasks, dissemination activities, and 
     outreach, including data collection and management.
       ``(B) Nonprofit assistance.--In carrying out the 
     administrative tasks, dissemination activities, and outreach 
     described in subparagraph (A), an eligible entity may 
     contract with an organization described in section 501(c)(3) 
     of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) 
     and exempt from tax under section 501(a) of such Code (26 
     U.S.C. 501(a)).
       ``(f) Reserve Account.--
       ``(1) In general.--To assist eligible entities in the 
     development of new public charter school buildings or 
     facilities for eligible public charter schools, an eligible 
     entity receiving a grant under this section may, in 
     accordance with State and local law, directly or indirectly, 
     alone or in collaboration with others, deposit the amount of 
     funds described in subsection (e)(2) in a reserve account 
     established and maintained by the eligible entity.
       ``(2) Investment.--Funds received under this section and 
     deposited in the reserve account established under this 
     subsection shall be invested in obligations issued or 
     guaranteed by the United States or a State, or in other 
     similarly low-risk securities.
       ``(3) Reinvestment of earnings.--Any earnings on funds 
     received under this subsection shall be deposited in the 
     reserve account established under this subsection and used in 
     accordance with the purpose described in subsection (a).
       ``(4) Recovery of funds.--
       ``(A) In general.--The Secretary, in accordance with 
     chapter 37 of title 31, United States Code, shall collect--
       ``(i) all funds in a reserve account established by an 
     eligible entity under this subsection if the Secretary 
     determines, not earlier than 2 years after the date the 
     eligible entity first received funds under this section, that 
     the eligible entity has failed to make substantial progress 
     carrying out the purpose described in paragraph (1); or
       ``(ii) all or a portion of the funds in a reserve account 
     established by an eligible entity under this subsection if 
     the Secretary determines that the eligible entity has 
     permanently ceased to use all or a portion of funds in such 
     account to accomplish the purpose described in paragraph (1).
       ``(B) Exercise of authority.--The Secretary shall not 
     exercise the authority provided under subparagraph (A) to 
     collect from any eligible entity any funds that are being 
     properly used to achieve such purpose.
       ``(C) Procedures.--Sections 451, 452, and 458 of the 
     General Education Provisions Act shall apply to the recovery 
     of funds under subparagraph (A).
       ``(D) Construction.--This paragraph shall not be construed 
     to impair or affect the authority of the Secretary to recover 
     funds under part D of the General Education Provisions Act.
       ``(5) Reallocation.--Any funds collected by the Secretary 
     under paragraph (4) shall be awarded to eligible entities 
     receiving grants under this section in the next fiscal year.
       ``(g) Financial Responsibility.--The financial records of 
     each eligible entity and eligible public charter school 
     receiving a grant or subgrant, respectively, under this 
     section shall be maintained in accordance with generally 
     accepted accounting principles and shall be subject to an 
     annual audit by an independent public accountant.
       ``(h) National Evaluation.--
       ``(1) National evaluation.--From the amounts appropriated 
     under section 5200, the Secretary shall conduct an 
     independent, comprehensive, and scientifically sound 
     evaluation, by grant or contract and using the highest 
     quality research design available, of the impact of the 
     activities carried out under this section on--
       ``(A) student achievement, including State standardized 
     assessment scores and, if available, student academic 
     longitudinal growth (as described in subsection (c)(2)(A)(i)) 
     based on such assessments; and
       ``(B) other areas, as determined by the Secretary.
       ``(2) Report.--Not later than 4 years after the date of the 
     enactment of the All Students Achieving through Reform Act of 
     2013, and biannually thereafter, the Secretary shall submit 
     to Congress a report on the results of the evaluation 
     described in paragraph (1).
       ``(i) Reports.--Each eligible entity receiving a grant 
     under this section shall prepare and submit to the Secretary 
     the following:
       ``(1) Report.--A report that contains such information as 
     the Secretary may require concerning use of the grant funds 
     by the eligible entity, including the academic achievement of 
     the students attending eligible public charter schools as a 
     result of the grant. Such report shall be submitted before 
     the end of the 3-year period beginning on the date of 
     enactment of the All Students Achieving through Reform Act of 
     2013 and every 2 years thereafter.
       ``(2) Performance information.--Such performance 
     information as the Secretary may require for the national 
     evaluation conducted under subsection (h)(1).
       ``(j) Inapplicability.--The provisions of sections 5201 
     through 5209 shall not apply to the program under this 
     section.
       ``(k) Definitions.--In this section:
       ``(1) Adequate yearly progress.--The term `adequate yearly 
     progress' has the meaning given such term in a State's plan 
     in accordance with section 1111(b)(2)(C).
       ``(2) Administrative tasks, dissemination activities, and 
     outreach.--The term `administrative tasks, dissemination 
     activities, and outreach' includes costs and activities 
     associated with--
       ``(A) recruiting and selecting students to attend eligible 
     public charter schools;
       ``(B) outreach to parents of students enrolled in 
     identified schools or schools with low graduation rates;
       ``(C) providing information to such parents and school 
     officials at such schools regarding eligible public charter 
     schools receiving subgrants under subsection (e);
       ``(D) necessary oversight of the grant program under this 
     section; and
       ``(E) initiatives and activities to disseminate the best 
     practices, programs, or strategies learned in eligible public 
     charter schools to other public schools operating in the 
     State where the eligible entity intends to award subgrants 
     under this section.
       ``(3) Charter school.--The term `charter school' means--
       ``(A) a charter school, as defined in section 5211(1); or
       ``(B) a school that meets the requirements of such section, 
     except for subparagraph (D) of the section, and provides 
     prekindergarten or adult education services.
       ``(4) Eligible entity.--The term `eligible entity' means--
       ``(A) a State educational agency;
       ``(B) an authorized public chartering agency;
       ``(C) a local educational agency that has authorized or is 
     planning to authorize a public charter school;
       ``(D) an organization (including a nonprofit charter 
     management organization) that has an organizational mission 
     and record of success supporting the replication and 
     expansion of high-quality charter schools and is--
       ``(i) described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 (26 U.S.C. 501(c)(3)); and
       ``(ii) exempt from tax under section 501(a) of such Code 
     (26 U.S.C. 501(a)); or
       ``(E) a consortium of organizations described in 
     subparagraph (D).
       ``(5) Eligible public charter school.--The term `eligible 
     public charter school' means a charter school that has no 
     significant compliance issue and shows evidence of strong 
     academic results for the past three years (or over the life 
     of the school if the school has been open for fewer than 
     three years), based on--
       ``(A) increased student academic achievement and attainment 
     for all students, including, as applicable, educationally 
     disadvantaged students served by the charter school;
       ``(B)(i) demonstrated success in closing historic 
     achievement gaps for the subgroups of students described in 
     section 1111(b)(2)(C)(v)(II) at the charter school or, in the 
     case of a school in a State for which the Secretary has 
     granted a waiver under section 9401, demonstrated success in 
     closing achievement gaps among groups of students, as 
     determined by the Secretary in accordance with any 
     accountability standards that the Secretary has authorized 
     through such waiver; or
       ``(ii) no significant achievement gaps between any of the 
     subgroups of students described in section 
     1111(b)(2)(C)(v)(II) (or as determined by the Secretary in 
     accordance with any accountability standards authorized 
     through a waiver under section 9401) and significant gains in 
     student achievement with all populations of students served 
     by the charter school; and
       ``(C) results (including, where applicable and available, 
     performance on statewide tests, attendance and retention 
     rates, secondary school graduation rates, and attendance and 
     persistence rates at institutions of higher education) for 
     low-income and other educationally disadvantaged students 
     served by the charter school that are above the average 
     achievement results for such students in the State.
       ``(6) Graduation rate.--The term `graduation rate' has the 
     meaning given the term in

[[Page S3863]]

     section 1111(b)(2)(C)(vi), as clarified in section 
     200.19(b)(1) of title 34, Code of Federal Regulations.
       ``(7) Identified school.--The term `identified school' 
     means a school--
       ``(A) identified for school improvement, corrective action, 
     or restructuring under paragraph (1), (7), or (8) of section 
     1116(b); or
       ``(B) in the case of a school for which the Secretary has 
     waived the applicability of such paragraphs pursuant to 
     section 9401, identified as a priority school, a focus 
     school, or a school otherwise in need of significant 
     assistance, as determined by the accountability standards 
     authorized by such waiver
       ``(8) Local educational agency.--The term `local 
     educational agency' includes any charter school that is a 
     local educational agency, as determined by State law.
       ``(9) Low-income student.--The term `low-income student' 
     means a student eligible for free or reduced price lunches 
     under the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.).
       ``(10) School food authority.--The term `school food 
     authority' has the meaning given the term in section 250.3 of 
     title 7, Code of Federal Regulations (or any corresponding 
     similar regulation or ruling).
       ``(11) School year.--The term `school year' has the meaning 
     given such term in section 12(d) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1760(d)).
       ``(12) Traditional public school.--The term `traditional 
     public school' does not include any charter school, as 
     defined in section 5211.''.
       (b) Authorization of Appropriations.--Part B of title V of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7221 et seq.) is amended--
       (1) by striking section 5231; and
       (2) by inserting before subpart 1 the following:

     ``SEC. 5200. AUTHORIZATION OF APPROPRIATIONS FOR SUBPARTS 1 
                   AND 2.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out subparts 1 and 2, $700,000,000 for fiscal year 
     2014 and such sums as may be necessary for each of the 5 
     succeeding fiscal years.
       ``(b) Allocation.--In allocating funds appropriated under 
     this section for any fiscal year, the Secretary shall 
     consider--
       ``(1) the relative need among the programs carried out 
     under sections 5202, 5205, 5210, and subpart 2; and
       ``(2) the quality of the applications submitted for such 
     programs.''.
       (c) Conforming Amendments.--The Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
       (1) in section 2102(2) (20 U.S.C. 6602(2)), by striking 
     ``5210'' and inserting ``5211'';
       (2) in section 5204(e) (20 U.S.C. 7221c(e)), by striking 
     ``5210(1)'' and inserting ``5211(1)'';
       (3) in section 5211(1) (as redesignated by subsection 
     (a)(2)) (20 U.S.C. 7221i(1)), by striking ``The term'' and 
     inserting ``Except as otherwise provided, the term'';
       (4) in section 5230(1) (20 U.S.C. 7223i(1)), by striking 
     ``5210'' and inserting ``5211''; and
       (5) in section 5247(1) (20 U.S.C. 7225f(1)), by striking 
     ``5210'' and inserting ``5211''.
       (d) Table of Contents.--The table of contents in section 2 
     of the Elementary and Secondary Education Act of 1965 is 
     amended--
       (1) by inserting before the item relating to subpart 1 of 
     part B of title V the following:

``Sec. 5200. Authorization of appropriations for subparts 1 and 2.'';
       (2) by striking the items relating to sections 5210 and 
     5211;
       (3) by inserting after the item relating to section 5209 
     the following:

``Sec. 5210. Charter school expansion and replication.
``Sec. 5211. Definitions.'';
     and
       (4) by striking the item relating to section 5231.

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