[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.
____________________