The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S1587-S1594 on March 12, 2014.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 2820. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 98, strike line 15 and insert the following:
view.
``(U) Identification.--
``(i) In general.--The plan shall contain an assurance that the State will--
``(I) require each parent, who applies for assistance for child care services for a child under this subchapter, to include the name and valid identification number of the child on the application; and
``(II) check the number before providing the assistance.
``(ii) Definition.--In this subparagraph, the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a taxpayer identification number issued by the Internal Revenue Service.'';
______
SA 2821. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; as follows:
On page 136, between lines 2 and 3, insert the following:
(e) Protection of Information.--Section 658K(a)(1) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)) is amended by adding at the end the following:
``(D) Prohibition.--Reports submitted to the Secretary under subparagraph (C) shall not contain individually identifiable information.''.
______
SA 2822. Mr. FRANKEN (for himself, Ms. Murkowski, Ms. Hirono, Ms. Baldwin, Mrs. Murray, Mr. Thune, Ms. Heitkamp, Mr. Tester, Mr. Udall of New Mexico, and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; as follows:
On page 136, strike lines 8 and 9 and insert the following:
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by striking ``The Secretary'' and inserting the following:
``(A) In general.--The Secretary'';
(ii) by striking ``1 percent, and not more than 2 percent,'' and inserting ``2 percent''; and
(iii) by adding at the end the following:
``(B) Limitations.--Notwithstanding subparagraph (A), the Secretary shall only reserve an amount that is greater than 2 percent of the amount appropriated under section 658B, for payments described in subparagraph (A), for a fiscal year
(referred to in this subparagraph as the `reservation year') if--
``(i) the amount appropriated under section 658B for the reservation year is greater than the amount appropriated under section 658B for fiscal year 2014; and
``(ii) the Secretary ensures that the amount allotted to States under subsection (b) for the reservation year is not less than the amount allotted to States under subsection (b) for fiscal year 2014.''; and
(B) by adding at the end the following:
______
SA 2823. Mr. BENNET submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. __. ALLOTMENT OF SPACE IN FEDERAL BUILDINGS FOR CHILD
CARE.
Section 590(b)(2) of title 40, United States Code, is amended by striking subparagraph (C) and inserting the following:
``(C) the allotment officer determines that--
``(i) the space will be used to provide child care services to children of whom at least 50 percent have 1 parent or guardian who--
``(I) is employed by the Federal Government; or
``(II)(aa) has met the requirements for a master's degree or a doctorate degree from an institution of higher education
(as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); and
``(bb) is conducting research under an arrangement between the parent or guardian and a Federal agency; and
``(ii) for available child care services in the space, the child care provider will give--
``(I) first priority to Federal employees; and
``(II) second priority to persons that meet the requirements described in items (aa) and (bb) of clause
(i)(II).''.
______
SA 2824. Mr. BENNET (for himself, Mr. Isakson, Ms. Landrieu, and Mr. Kirk) submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; as follows:
On page 91, line 17, insert ``efficiently'' before
``coordinate''.
On page 93, strike line 9 and insert the following:
``(ii) Optional use of combined funds.--If the State elects to combine funding for the services supported to carry out this subchapter with funding for any program described in subclauses (I) through (VII) of clause (i), the plan shall describe how the State will combine the multiple sets of funding and use the combined funding.
``(iii) Rule of construction.--Noth-
On page 128, line 16, strike ``chapter; and'' and insert
``chapter;''.
On page 128, strike line 22 and insert the following:
ance with this subchapter.
``(5) after consultation with the Secretary of Education and the heads of any other Federal agencies involved, issue guidance, and disseminate information on best practices, regarding use of funding combined by States as described in section 658E(c)(2)(O)(ii), consistent with law other than this subchapter.''; and
______
SA 2825. Mr. VITTER submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 99, strike lines 16 through 20 and insert the following:
tivity described in clause (iii)).'';
(iii) by striking ``, with priority'' and all that follows through the period and inserting the following: ``. In using those amounts for child care services, the State shall give priority for services first to children with disabilities from low-income families (whose family income does not exceed 85 percent of the State median income for a family of the same size), then to children of families with very low family incomes (taking into consideration family size), and then to children with disabilities.''; and
(iv) by adding at the end the following:
``(ii) Report by inspector general.--
``(I) In general.--Not later than September 30 of the first full fiscal year after the date of enactment of the Child Care and Development Block Grant Act of 2014, and September 30 of each fiscal year thereafter, the Inspector General of the Department of Health and Human Services shall prepare and submit to the Secretary a report that contains a determination about whether each State uses amounts provided to such State for the fiscal year involved under this subchapter in accordance with the priority for services described in clause (i).
``(II) Penalty for noncompliance.--For any fiscal year that the report of such Inspector General described in subclause
(I) indicates that such a State has failed to give priority for services in accordance with such clause, the Secretary shall withhold 5 percent of the funds that would otherwise be allocated to that State in accordance with this subchapter for the following fiscal year.
``(iii) Child care resource and referral system.--''
______
SA 2826. Mr. PORTMAN submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 120, strike line 12 and insert the following:preceding 5 years; or
``(E) has been convicted of a violent misdemeanor, such as assault or domestic violence, against a child.
______
SA 2827. Mr. PORTMAN submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 78, line 9, insert ``and early language and literacy development'' after ``readiness''.
______
SA 2828. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 68, line 22, strike ``such sums as may be necessary for each'' and insert ``$14,400,000,000 for the period consisting''.
______
SA 2829. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. EVALUATION AND CONSOLIDATION OF DUPLICATIVE EARLY
LEARNING AND CHILD CARE PROGRAMS.
(a) Elimination of Duplicative Programs.--
(1) Child care access means parents in school program.--Subpart 7 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070e et seq.) is repealed.
(2) Even start.--Subpart 2 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6371 et seq.) is repealed.
(3) Early reading first.--Subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.) is repealed.
(4) Early learning opportunities act.--The Early Learning Opportunities Act (20 U.S.C. 9401 et seq.) is repealed.
(5) Early childhood educator professional development grant program.--Subsection (e) of section 2151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6651(e)) is repealed.
(b) Restricted Use of Funds.--Notwithstanding any other provision of law, no funds appropriated for any of the following programs or activities shall be used for child care or early education:
(1) Any assistance provided by the Appalachian Regional Commission under chapters 143 or 145 of title 40, United States Code.
(2) The Safe Start Program administered under part C of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5651 et seq.).
(3) The SMART Prevention grant program under section 41303 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-2).
(4) The transitional housing assistance for victims of domestic violence, dating violence, stalking, or sexual assault grant program under section 40299 of the Violence Against Women Act of 1994 (42 U.S.C. 13975).
(5) The migrant and seasonal farmworker programs under section 167 of the Workforce Investment Act of 1998 (29 U.S.C. 2912).
(6) The Native American programs under section 166 of the Workforce Investment Act of 1998 (29 U.S.C. 2911).
(7) Adult and dislocated worker employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.).
(c) Report.--
(1) Definition of applicable secretary.--In this subsection, the term ``applicable Secretary'' means a Secretary with authority over a program, activity, service, or provision of law described in paragraph (3).
(2) In general.--Not later than March 1, 2015, each applicable Secretary shall submit to Congress, and make available through the Internet on the public website of the agency of the applicable Secretary, a report on the outcomes of each program, activity, and service described in paragraph
(3) under the authority of the Secretary. Each such report shall include--
(A) a determination of the total administrative expenses of the applicable program, activity, or service;
(B) a determination of the expenditures for services for the applicable program, activity, or service; and
(C) an estimate of the number of clients served by the applicable program, activity, or service and beneficiaries who received assistance under the applicable program, activity, or service (if applicable).
(3) Covered programs.--The programs, activities, and services described in this paragraph are the following:
(A) The local educational agency grant program for Indian education under subpart 1 of part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7421 et seq.).
(B) The Native Hawaiian education program under part B of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7511 et seq.).
(C) Any Indian child and family service program funded by a grant awarded under title II of the Indian Child Welfare Act of 1978 (25 U.S.C. 1931 et seq.).
(D) Assistance provided to schools under section 1121(b)(3) of the Education Amendments of 1978 (25 U.S.C. 2001).
(E) The Indian child and family education program authorized under part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.)
(F) The Alaska native educational program under part C of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7541 et seq.).
(G) The grant program for the improvement of educational opportunities for Indian children authorized under section 7121(c) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7441(c)).
(H) The Race to the Top State incentive grant program under section 14006 of the American Recovery and Reinvestment Act of 2009 (Public Law 112-10).
(I) The grant program for special education for infants, toddlers, and families authorized under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.).
(J) The special education grant program for preschool-aged children authorized under section 619 of the Individuals with Disabilities Education Act (20 U.S.C. 1419).
(K) The child care development block grant program under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), including funds provided under section 418 of the Social Security Act (42 U.S.C. 618).
(L) Programs provided under the Head Start Act (42 U.S.C. 9831 et seq.).
(M) Space allotted in a Federal building for child care services under section 590 of title 40, United States Code.
(N) Any assistance provided by the Appalachian Regional Commission under chapters 143 or 145 of title 40, United States Code.
(O) The child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766).
(P) The school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(Q) The school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(R) The special milk program authorized under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772).
(S) The full-service community school grant program carried out under subpart 1 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7243 et seq.).
(T) The promise neighborhood grant program carried out under subpart 1 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7243 et seq.).
(U) The education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).
(V) The English language acquisition and language enhancement program under subpart 1 of part A of title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6821).
(W) The education of migratory children program under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.).
(X) The local educational agency grant program authorized under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
(Y) The special education State personnel development grant program under subpart 1 of part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451 et seq.).
(Z) The State grant program for children with disabilities under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
(AA) The technology and media services for individuals with disabilities program under section 674 of the Individuals with Disabilities Education Act (20 U.S.C. 1474).
(BB) The community services block grant program under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.).
(CC) The program of block grants to States for social services under subtitle A of title XX of the Social Security Act (42 U.S.C. 1397 et seq.).
(DD) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(EE) Grants provided under the Community Development Block Grant program established under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) for areas that are not nonentitlement areas.
(FF) Grants provided under the Community Development Block Grant program established under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) for insular areas, as defined in section 102 of such Act (42 U.S.C. 5302).
(GG) Grants provided under the Community Development Block Grant program established under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) for nonentitlement areas in Hawaii.
(HH) The Safe Start Program administered under part C of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5651 et seq.).
(II) The SMART Prevention grant program under section 41303 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-2).
(JJ) The transitional housing assistance for victims of domestic violence, dating violence, stalking, or sexual assault grant program under section 40299 of the Violence Against Women Act of 1994 (42 U.S.C. 13975).
(KK) Migrant and seasonal farmworker programs under section 167 of the Workforce Investment Act of 1998 (29 U.S.C. 2912).
(LL) Native American programs under section 166 of the Workforce Investment Act of 1998 (29 U.S.C. 2911).
(MM) Adult and dislocated worker employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.).
(NN) The donation of surplus Federal personal property through State agencies under section 549 of title 40, United States Code.
(d) Combination of Indian, Native Hawaiian, and Alaska Native Education Programs.--By not later than September 15, 2015, the Secretary of Education and the Secretary of Interior jointly shall--
(1) review the program outcomes reports required under this section for the programs, activities, and services described in subparagraphs (A) though (F) of subsection (c)(3); and
(2) prepare and submit to Congress a plan, including legislative and administrative recommendations, regarding how to combine such programs, activities, and services into a single program serving the same populations.
______
SA 2830. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ELIMINATION OF CHILD CARE SUBSIDIES FOR
MILLIONAIRES.
(a) Internal Revenue Code.--
(1) No household and dependent care credit for millionaires.--Section 21 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection
(g) and by inserting after subsection (e) the following new subsection:
``(f) No Credit for Millionaires.--No credit shall be allowed under this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year.''.
(2) No dependent care assistance programs for millionaires.--Section 129(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
``(3) No exclusion for millionaires.--No exclusion shall be allowed by reason of this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $1,000,000 for such taxable year.''.
(3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.
(b) Federal Payments.--
(1) No child care subsidies for millionaires.--Notwithstanding any other provision of law, no Federal funds may be used to make payments relating to child care or child care services for any individual whose adjusted gross income in the preceding year was equal to or greater than
$1,000,000.
(2) Effective date.--The prohibition under this subsection shall apply to any payments made on or after the date of the enactment of this Act.
______
SA 2831. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 132, strike line 10 and all that follows through page 136, line 17, and insert the following:
(d) Report by Secretary.--Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended--
(1) by striking ``1998'' and inserting ``2016''; and
(2) by striking ``to the Committee'' and all that follows through ``of the Senate'' and inserting ``to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate''.
SEC. 9. PAYMENTS TO BENEFIT INDIAN CHILDREN.
Section 658O(c)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(c)(2)) is amended by adding at the end the following:
______
SA 2832. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ELIMINATION OF CHILD CARE SUBSIDIES FOR HIGH-INCOME
INDIVIDUALS.
(a) Internal Revenue Code.--
(1) No household and dependent care credit for high-income individuals.--Section 21 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection:
``(f) No Credit for High-income Individuals.--No credit shall be allowed under this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $250,000 for such taxable year.''.
(2) No dependent care assistance programs for high-income individuals.--Section 129(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
``(3) No exclusion for high-income individuals.--No exclusion shall be allowed by reason of this section for any taxable year with respect to any taxpayer with an adjusted gross income equal to or greater than $250,000 for such taxable year.''.
(3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.
(b) Federal Payments.--
(1) No child care subsidies for high-income individuals.--Notwithstanding any other provision of law, no Federal funds may be used to make payments relating to child care or child care services for any individual whose adjusted gross income in the preceding year was equal to or greater than $250,000.
(2) Effective date.--The prohibition under this subsection shall apply to any payments made on or after the date of the enactment of this Act.
______
SA 2833. Mr. RISCH (for himself and Mr. Alexander) submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 80, line 15, insert after ``services.'' the following: ``The Secretary shall not promulgate any rule
(including any regulation), issue any guidance, or take any other action, that incentivizes, encourages, or mandates any such individual or entity to acquire such a credential.''.
______
SA 2834. Mr. TESTER (for himself and Ms. Murkowski) submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 136, strike line 16 and all that follows through page 137, line 7, and insert the following:
(2) in subsection (c)--
(A) in paragraph (2), by adding at the end the following:
``(D) Licensing and standards.--In lieu of any licensing and regulatory requirements applicable under State or local law, the Secretary, in consultation with Indian tribes and tribal organizations, shall develop minimum child care standards that shall be applicable to Indian tribes and tribal organizations receiving assistance under this subchapter. Such standards shall appropriately reflect Indian tribe and tribal organization needs and available resources, and shall include standards requiring a publicly available application, health and safety standards, and standards requiring a reservation of funds for activities to improve the quality of child care provided to Indian children.''; and
(B) in paragraph (6), by striking subparagraph (C) and inserting the following:
``(C) Limitation.--
``(i) In general.--Except as provided in clause (ii), the Secretary may not permit an Indian tribe or tribal organization to use amounts provided under this subsection for construction or renovation if the use will result in a decrease in the level of child care services provided by the Indian tribe or tribal organization as compared to the level of child care services provided by the Indian tribe or tribal organization in the fiscal year preceding the year for which the determination under subparagraph (B) is being made.
``(ii) Waiver.--The Secretary shall waive the limitation described in clause (i) if--
``(I) the Secretary determines that the decrease in the level of child care services provided by the Indian tribe or tribal organization is temporary; and
``(II) the Indian tribe or tribal organization submits to the Secretary a plan that demonstrates that after the date on which the construction or renovation is completed--
``(aa) the level of child care services will increase; or
``(bb) the quality of child care services will improve.''.
______
SA 2835. Mr. TESTER (for himself, Mr. Begich, and Mr. Blumenthal) submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. FAMILY LEAVE BECAUSE OF THE DEATH OF A SON OR
DAUGHTER.
(a) Short Title.--This section may be cited as the
``Parental Bereavement Act of 2014''.
(b) Family Leave.--
(1) Entitlement to leave.--Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following new subparagraph:
``(F) Because of the death of a son or daughter.''.
(2) Requirements relating to leave.--
(A) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following new sentence: ``Leave under subsection
(a)(1)(F) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer of the employee agree otherwise.''.
(B) Substitution of paid leave.--Section 102(d)(2)(B) of such Act (29 U.S.C. 2612(d)(2)(B)) is amended, in the first sentence, by striking ``(C) or (D)'' and inserting ``(C),
(D), or (F)''.
(C) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following new paragraph:
``(4) Notice for leave due to death of a son or daughter.--In any case in which the necessity for leave under subsection
(a)(1)(F) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable.''.
(D) Spouses employed by same employer.--Section 102(f)(1)(A) of such Act (29 U.S.C. 2612(f)(1)(A)) is amended by striking ``subparagraph (A) or (B)'' and inserting
``subparagraph (A), (B), or (F)''.
(E) Certification requirements.--Section 103 of such Act
(29 U.S.C. 2613) is amended by adding at the end the following:
``(g) Certification Related to the Death of a Son or Daughter.--An employer may require that a request for leave under section 102(a)(1)(F) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.''.
(F) Failure to return from leave.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended--
(i) in paragraph (2)(B)(i), by inserting before the semicolon the following: ``, or a death that entitles the employee to leave under section 102(a)(1)(F)''; and
(ii) in paragraph (3)(A)--
(I) in the matter preceding clause (i), by inserting ``, or the death,'' before ``described'';
(II) in clause (ii), by striking ``or'' at the end;
(III) by redesignating clause (iii) as clause (iv); and
(IV) by inserting after clause (ii) the following:
``(iii) a certification that meets such requirements as the Secretary may by regulation prescribe, in the case of an employee unable to return to work because of a death specified in section 102(a)(1)(F); or''.
(G) Employees of local educational agencies.--Section 108 of such Act (29 U.S.C. 2618) is amended--
(i) in subsection (c)--
(I) in paragraph (1)--
(aa) in the matter preceding subparagraph (A), by inserting after ``medical treatment'' the following: ``, or under section 102(a)(1)(F) that is foreseeable,''; and
(bb) in subparagraph (A), by inserting after ``to exceed'' the following: ``(except in the case of leave under section 102(a)(1)(F))''; and
(II) in paragraph (2), by striking ``section 102(e)(2)'' and inserting ``paragraphs (2) and (4) of section 102(e), as applicable''; and
(ii) in subsection (d), in paragraph (2) and (3), by striking ``or (C)'' each place it appears and inserting
``(C), or (F)''.
(c) Family Leave for Civil Service Employees.--
(1) Entitlement to leave.--Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following:
``(F) Because of the death of a son or daughter.''.
(2) Requirements relating to leave.--
(A) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the third sentence the following new sentence: ``Leave under subsection (a)(1)(F) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise.''.
(B) Substitution of paid leave.--Section 6382(d) of such title is amended, in the first sentence, by striking ``or
(E)'' and inserting ``(E), or (F)''.
(C) Notice.--Section 6382(e) of such title is amended by adding at the end the following new paragraph:
``(4) In any case in which the necessity for leave under subsection (a)(1)(F) is foreseeable, the employee shall provide such notice to the employing agency as is reasonable and practicable.''.
(D) Certification requirements.--Section 6383 of such title is amended by adding at the end the following:
``(g) An employing agency may require that a request for leave under section 6382(a)(1)(F) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe. If the Office issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.''.
______
SA 2836. Ms. BALDWIN (for herself and Mr. Portman) submitted an amendment intended to be proposed by her to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. _. QUALITY FOSTER CARE SERVICES.
(a) Inclusion of Therapeutic Foster Care as Medical Assistance.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended--
(1) in subsection (a)--
(A) in paragraph (28), by striking ``and'' at the end;
(B) by redesignating paragraph (29) as paragraph (30); and
(C) by inserting after paragraph (28) the following new paragraph:
``(29) therapeutic foster care services described in subsection (ee); and''; and
(2) by adding at the end the following new subsection:
``(ee)(1) For purposes of subsection (a)(29), subject to subparagraph (C), therapeutic foster care services described in this subsection are services provided for children who have not attained age 21, and who, as a result of mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, need the level of care provided in an institution (including a psychiatric residential treatment facility) or nursing facility the cost of which could be reimbursed under the State plan but who can be cared for or maintained in a community placement, through therapeutic foster care programs that--
``(A) are licensed by the State and accredited by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or by another equivalent accreditation agency (or agencies) as the Secretary may recognize;
``(B) provide structured daily activities, including the development, improvement, monitoring, and reinforcing of age-appropriate social, communication and behavioral skills, trauma-informed and gender-responsive services, crisis intervention and crisis support services, medication monitoring, counseling, and case management, and may furnish other intensive community services; and
``(C) provide foster care parents with specialized training and consultation in the management of children with mental illness, trauma, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and specific additional training on the needs of each child provided such services.
``(2) In making coverage determinations under paragraph
(1), a State may employ medical necessity criteria that are similar to the medical necessity criteria applied to coverage determinations for other services and supports under this title.
``(3) The services described in this subsection do not include the training referred to in paragraph (1)(C).''.
(b) Effective Date.--The amendments made by subsection (a) shall apply to calendar quarters beginning on or after the date of enactment of this Act.
______
SA 2837. Mr. SCOTT (for himself and Ms. Landrieu) submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; as follows:
On page 140, between lines 2 and 3, insert the following:
SEC. 10A. PARENTAL RIGHTS AND RESPONSIBILITIES.
Section 658Q of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858o) is amended--
(1) by inserting before ``Nothing'' the following:
``(a) In General.--''; and
(2) by adding at the end the following:
``(b) Parental Rights to Use Child Care Certificates.--Nothing in this subchapter shall be construed in a manner--
``(1) to favor or promote the use of grants and contracts for the receipt of child care services under this subchapter over the use of child care certificates; or
``(2) to disfavor or discourage the use of such certificates for the purchase of child care services, including those services provided by private or nonprofit entities, such as faith-based providers.''.
______
SA 2838. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 88, line 5, insert ``offering child care certificates to parents,'' after ``tions,''.
______
SA 2839. Mr. BENNET submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. __. ALLOTMENT OF SPACE IN FEDERAL BUILDINGS FOR CHILD
CARE.
Section 590(b)(2)(C) of title 40, United States Code, is amended by striking clause (i) and inserting the following:
``(i) the space will be used to provide child care services to children of whom at least 50 percent have 1 parent or guardian who--
``(I) is employed by the Federal Government; or
``(II)(aa) has met the requirements for a master's degree or a doctorate degree from an institution of higher education
(as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); and
``(bb) is conducting research under an arrangement between the parent or guardian and a Federal agency.''.
______
SA 2840. Mr. MANCHIN (for himself and Mr. Toomey) submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 122, between lines 16 and 17, insert the following:
(5) Impact on employment offer.--Except as provided in paragraph (2), a child care provider covered by subsection
(c) may not make an offer of employment as a child care staff member to an individual, even for employment on a conditional or temporary basis, until the individual--
(A) obtains a qualifying background check result for a criminal background check described in subsection (b); or
(B) qualifies under paragraph (4).
______
SA 2841. Ms. STABENOW (for herself and Mr. Grassley) submitted an amendment intended to be proposed by her to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 141, after line 4, add the following:
SEC. 13. QUALITY MEASURES FOR MATERNITY CARE UNDER MEDICAID
AND CHIP; QUALITY COLLABORATIVE GRANTS.
(a) Quality Measures for Maternity Care Under Medicaid and CHIP.--
(1) In general.--Section 1139A of the Social Security Act
(42 U.S.C. 1320b-9a) is amended by adding at the end the following new subsection:
``(j) Mother and Infant Care (MIC) Quality Measures.--
``(1) In general.--As part of the pediatric quality measures program established under subsection (b) and the Medicaid Quality Measurement Program established under section 1139B(b)(5)(A), the Secretary shall--
``(A) review quality measures endorsed under section 1890(b)(2) that relate to the care of childbearing women and newborns, particularly with respect to the application of such measures to the Medicaid and CHIP programs under titles XIX and XXI, and identify omissions and deficiencies in the application of those measures to such programs;
``(B) develop and publish a set of maternity care quality measures for the Medicaid and CHIP programs under titles XIX and XXI (in this subsection referred to as the `Mother and Infant Care (MIC) quality measures') in accordance with the requirements of paragraphs (2) and (3); and
``(C) on an ongoing basis, review the MIC quality measures and develop and publish any modifications of, or additions or deletions to, such measures that reflect the development, testing, validation, and consensus process described in paragraph (4).
``(2) Process for initial review and publication.--
``(A) Consultation and public comment.--Not later than January 1, 2016, the Secretary shall--
``(i) solicit public comment on the proposed MIC quality measures; and
``(ii) consult with the stakeholders identified in paragraph (6)(A) regarding such measures.
``(B) Publication of initial set of measures.--Not later than January 1, 2017, the Secretary shall identify and publish the initial MIC quality measures.
``(3) Requirements.--
``(A) In general.--The MIC quality measures shall--
``(i) be evidence-based;
``(ii) utilize risk adjustment or risk stratification methodologies, if appropriate;
``(iii) utilize attribution methods to specify the clinicians, facilities, and other entities that the measures are applicable to;
``(iv) be pilot-tested with regards to scientific validity, feasibility, and attribution method; and
``(v) include a balance of each of the types of measures listed in subparagraph (B).
``(B) List of types of measures.--The measures listed in this subparagraph are the following:
``(i) Measures of the process, experience, efficiency, and outcomes of maternity care, including postpartum outcomes.
``(ii) Measures that apply to--
``(I) women and newborns who are healthy and at low risk, including measures of appropriately low-intervention, physiologic birth in low-risk women; and
``(II) women and newborns at higher risk.
``(iii) Measures that apply to--
``(I) childbearing women; and
``(II) newborns.
``(iv) Measures that apply to care during--
``(I) pregnancy;
``(II) the intrapartum period; and
``(III) the postpartum period.
``(v) Measures that apply to--
``(I) clinicians and clinician groups;
``(II) facilities;
``(III) health plans; and
``(IV) accountable care organizations.
``(vi) Measurement of--
``(I) disparities;
``(II) care coordination; and
``(III) shared decisionmaking.
``(C) Physiologic defined.--For purposes of this paragraph, the term `physiologic' means characteristic of or conforming to the normal functioning or state of the body or a tissue or organ, normal, and not pathologic.
``(D) Construction.--Nothing in this paragraph shall be construed as supporting the restriction of coverage, under title XIX or XXI or otherwise, to only those services that are evidence-based, or in any way limiting available services.
``(4) Ongoing review of the mic measures; eMeasures.--
``(A) Contracts with qualified entities.--Not later than June 30, 2017, the Secretary, acting through the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, shall enter into grants, contracts, or intergovernmental agreements with qualified measure development entities for the purpose of identifying quality of care issues that are not adequately addressed by the MIC quality measures and developing, testing, and validating modifications of, or additions or deletions to, the MIC quality measures, and creating eMeasures for data collection related to the MIC quality measures.
``(B) Qualified measure development entity defined.--For purposes of this paragraph, the term `qualified measure development entity' means an entity that--
``(i) has demonstrated expertise and capacity in the development and testing of quality measures;
``(ii) has adopted procedures for quality measure development that ensure the inclusion of--
``(I) the views of the individuals and entities referred to in paragraph (3)(B)(v) and whose performance will be assessed by the measures; and
``(II) the views of other individuals and entities
(including patients, consumers, and health care purchasers) who will use the data generated as a result of the use of the quality measures;
``(iii) for the purpose of ensuring that the MIC quality measures meet the requirements to be considered for endorsement under section 1890(b)(2), has provided assurances to the Secretary that the measure development entity will collaborate with--
``(I) the Secretary;
``(II) the consensus-based entity with a contract under section 1890(a)(1); and
``(III) stakeholders (including those stakeholders identified in paragraph (6)(A)), as practicable;
``(iv) has transparent policies regarding governance and conflicts of interest; and
``(v) submits an application to the Secretary at such time, and in such form and manner, as the Secretary may require.
``(C) eMeasures.--
``(i) In general.--A qualified measure development entity with a grant, contract, or intergovernmental agreement under subparagraph (A) shall consult with the voluntary consensus standards setting organizations and other organizations involved in the advancement of evidence-based measures of health care that the Secretary consults with under subsection
(b)(3)(H) and section 1139B(b)(5)(A) to create, as part of the MIC quality measures, eMeasures that are aligned with the measures developed under the pediatric quality measures program established under subsection (b) and the Medicaid Quality Measurement Program established under section 1139B(b)(5)(A).
``(ii) eMeasure defined.--For purposes of this subparagraph, the term `eMeasure' means a measure for which measurement data (including clinical data) will be collected electronically, including through the use of electronic health records and other electronic data sources.
``(D) Endorsement.--Any modifications of, or additions or deletions to, the MIC quality measures shall be submitted by the qualified measure development entity to the consensus-based entity with a contract under section 1890(a)(1) to be considered for endorsement under section 1890(b)(2).
``(5) Maternity consumer assessment of health care providers and systems surveys.--
``(A) Adaption of surveys.--Not later than January 1, 2018, for the purpose of measuring the care experiences of childbearing women and newborns, the Agency for Healthcare Research and Quality shall adapt the Consumer Assessment of Healthcare Providers and Systems program surveys of--
``(i) providers;
``(ii) facilities; and
``(iii) health plans.
``(B) Surveys must be effective.--The Agency for Healthcare Research and Quality shall ensure that the surveys adapted under subparagraph (A) are effective in measuring aspects of care that childbearing women and newborns experience, which may include--
``(i) various types of care settings;
``(ii) various types of caregivers;
``(iii) considerations relating to pain;
``(iv) shared decisionmaking;
``(v) supportive care around the time of birth; and
``(vi) other topics relevant to the quality of the experience of childbearing women and newborns.
``(C) Languages.--The surveys adapted under subparagraph
(A) shall be available in English and Spanish.
``(D) Endorsement.--The Agency for Healthcare Research and Quality shall submit any Consumer Assessment of Healthcare Providers and Systems surveys adapted under this paragraph to the consensus-based entity with a contract under section 1890(a)(1) to be considered for endorsement under section 1890(b)(2).
``(E) Consultation.--The adaption of (and process for applying) the surveys under subparagraph (A) shall be conducted in consultation with the stakeholders identified in paragraph (6)(A).
``(6) Stakeholders.--
``(A) In general.--The stakeholders identified in this subparagraph are--
``(i) the various clinical disciplines and specialties involved in providing maternity care;
``(ii) State Medicaid administrators;
``(iii) maternity care consumers and their advocates;
``(iv) technical experts in quality measurement;
``(v) hospital, facility and health system leaders;
``(vi) employers and purchasers; and
``(vii) other individuals who are involved in the advancement of evidence-based maternity care quality measures.
``(B) Professional organizations.--The stakeholders identified under subparagraph (A) may include representatives from relevant national medical specialty and professional organizations and specialty societies.
``(7) Authorization of appropriations.--There are authorized to be appropriated $16,000,000 to carry out this subsection. Funds appropriated under this paragraph shall remain available until expended.''.
(2) Conforming amendments.--
(A) Section 1139A of the Social Security Act (42 U.S.C. 1320b-9a) is amended--
(i) in subsection (a)(6), in the matter preceding subparagraph (A), by inserting ``and the Medicaid and CHIP Payment and Access Commission'' after ``Congress''; and
(ii) in subsection (i), by striking ``subsection (e)'' and inserting ``subsections (e) and (j)''.
(B) Section 1139B(b)(4) of such Act (42 U.S.C. 1320b-9b(b)(4)) is amended by inserting ``and the Medicaid and CHIP Payment and Access Commission'' after ``Congress''.
(b) Quality Collaboratives.--
(1) Grants.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') may make grants to eligible entities to support--
(A) the development of new State and regional maternity care quality collaboratives;
(B) expanded activities of existing maternity care quality collaboratives; and
(C) maternity care initiatives within established State and regional quality collaboratives that are not focused exclusively on maternity care.
(2) Eligible entity.--The following entities shall be eligible for a grant under paragraph (1):
(A) Quality collaboratives that focus entirely, or in part, on maternity care initiatives, to the extent that such collaboratives use such grant only for such initiatives.
(B) Entities seeking to establish a maternity care quality collaborative.
(C) State Medicaid agencies.
(D) State departments of health.
(E) Health insurance issuers (as such term is defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)).
(F) Provider organizations, including associations representing--
(i) health professionals; and
(ii) hospitals.
(3) Eligible projects and programs.--In order for a project or program of an eligible entity to be eligible for funding under paragraph (1), the project or program must have goals that are designed to improve the quality of maternity care delivered, such as--
(A) improving the appropriate use of cesarean section;
(B) reducing maternal and newborn morbidity rates;
(C) improving breast-feeding rates;
(D) reducing hospital readmission rates;
(E) identifying improvement priorities through shared peer review and third-party reviews of qualitative and quantitative data, and developing and carrying out projects or programs to address such priorities; or
(F) delivering risk-appropriate levels of care.
(4) Activities.--Activities that may be supported by the funding under paragraph (1) include the following:
(A) Facilitating performance data collection and feedback reports to providers with respect to their performance, relative to peers and benchmarks, if any.
(B) Developing, implementing, and evaluating protocols and checklists to foster safe, evidence-based practice.
(C) Developing, implementing, and evaluating programs that translate into practice clinical recommendations supported by high-quality evidence in national guidelines, systematic reviews, or other well-conducted clinical studies.
(D) Developing underlying infrastructure needed to support quality collaborative activities under this paragraph.
(E) Providing technical assistance to providers and institutions to build quality improvement capacity and facilitate participation in collaborative activities.
(F) Developing the capability to access the following data sources:
(i) A mother's prenatal, intrapartum, and postpartum records.
(ii) A mother's medical records.
(iii) An infant's medical records since birth.
(iv) Birth and death certificates.
(v) Any other relevant State-level generated data (such as data from the pregnancy risk assessment management system
(PRAMS)).
(G) Developing access to blinded liability claims data, analyzing the data, and using the results of such analysis to improve practice.
(5) Special rule for births.--
(A) In general.--Subject to subparagraph (B), if a grant under paragraph (1) is for a project or program that focuses on births, at least 25 percent of the births addressed by such project or program must occur in health facilities that perform fewer than 1,000 births per year.
(B) Exception.--In the case of a grant under paragraph (1) for a project or program located in a State in which less than 25 percent of the health facilities in the State perform less than 1,000 births per year, the percentage of births in such facilities addressed by such project or program shall be commensurate with the Statewide percentage of births performed at such facilities.
(6) Use of quality measures.--Projects and programs for which such a grant is made shall--
(A) include data collection with rapid analysis and feedback to participants with a focus on improving practice and health outcomes;
(B) develop a plan to identify and resolve data collection problems;
(C) identify and document evidence-based strategies that will be used to improve performance on quality measures and other metrics; and
(D) exclude from quality measure collection and reporting physicians and midwives who attend fewer than 30 births per year.
(7) Reporting on quality measures.--Any reporting requirements established by a project or program funded under paragraph (1) shall be designed to--
(A) minimize costs and administrative effort; and
(B) use existing data resources when feasible.
(8) Clearinghouse.--The Secretary shall establish an online, open-access clearinghouse to make protocols, procedures, reports, tools, and other resources of individual collaboratives available to collaboratives and other entities that are working to improve maternity care quality.
(9) Evaluation.--A quality collaborative (or other entity receiving a grant under paragraph (1)) shall--
(A) develop and carry out plans for evaluating its maternity care quality improvement programs and projects; and
(B) publish its experiences and results in articles, technical reports, or other formats for the benefit of others working on maternity care quality improvement activities.
(10) Annual reports to secretary.--A quality collaborative or other eligible entity that receives a grant under paragraph (1) shall submit an annual report to the Secretary containing the following:
(A) A description of the activities carried out using the funding from such grant.
(B) A description of any barriers that limited the ability of the collaborative or entity to achieve its goals.
(C) The achievements of the collaborative or entity under the grant with respect to the quality, health outcomes, and value of maternity care.
(D) A list of lessons learned from the grant.Such reports shall be made available to the public.
(11) Governance.--
(A) In general.--A maternity care quality collaborative or a maternity care program within a broader quality collaborative that is supported under paragraph (1) shall be governed by a multi-stakeholder executive committee.
(B) Composition.--Such executive committee shall include individuals who represent--
(i) physicians, including physicians in the fields of general obstetrics, maternal-fetal medicine, family medicine, neonatology, and pediatrics;
(ii) nurse-practitioners and nurses;
(iii) certified nurse-midwives and certified midwives;
(iv) health facilities and health systems;
(v) consumers;
(vi) employers and other private purchasers;
(vii) Medicaid programs; and
(viii) other public health agencies and organizations, as appropriate.
Such committee also may include other individuals, such as individuals with expertise in health quality measurement and other types of expertise as recommended by the Secretary. Such committee also may be composed of a combination of general collaborative executive committee members and maternity specific project executive committee members.
(12) Consultation.--A quality collaborative or other eligible entity that receives a grant under paragraph (1) shall engage in regular ongoing consultation with--
(A) regional and State public health agencies and organizations;
(B) public and private health insurers; and
(C) regional and State organizations representing physicians, midwives, and nurses who provide maternity services.
(13) Authorization of appropriations.--There are authorized to be appropriated $15,000,000 to carry out this subsection. Funds appropriated under this paragraph shall remain available until expended.
______
SA 2842. Ms. WARREN submitted an amendment intended to be proposed by her to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
On page 111, strike line 17 and insert the following:early neurological development of children; and
``(L) connecting child care staff members of child care providers with available Federal and State financial aid, or other resources, that would assist child care staff members in pursuing relevant postsecondary training.
______
SA 2843. Mr. BENNET (for himself, Mr. Begich, Mr. Schatz, and Mr. Udall of Colorado) submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. 13. NATIVE AMERICAN INDIAN EDUCATION ACT.
(a) Short Title.--This section may be cited as the ``Native American Indian Education Act''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds the following:
(A) Nontribal colleges that serve Native American Indian students have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students.
(B) Some 4-year colleges serve Native American Indian students by providing tuition-free education, with the support of the State in which the institutions are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for colleges to a State or college.
(C) The value of the Native American Indian student tuition waiver benefits contributed by these colleges and the States that support them today far exceeds the value of the original grant of land and facilities.
(D) The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Native American Indian students is no longer equitably shared among the States and colleges because it does not distinguish between Native American Indian students who are residents of the State or of another State.
(E) In fiscal year 2012, the State of Colorado paid approximately $13,000,000 in tuition fees to support the education of Native American Indian students at Fort Lewis College in Colorado. In the State of Minnesota, the University of Minnesota waived $2,600,000 in tuition for Native American Indian students in fiscal year 2012.
(F) Native American Indian student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them.
(2) Purpose.--It is the purpose of this section to ensure that Federal funding is provided in order to relieve constrained State education budgets and to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students admitted to an undergraduate college program, including the waiver of tuition charges for Native American Indian students who are not residents of the State in which the college is located.
(c) State Relief From Federal Mandate.--Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by inserting after section 319 the following:
``SEC. 319A. STATE RELIEF FROM FEDERAL HIGHER EDUCATION
MANDATE.
``(a) Amount of Payment.--
``(1) In general.--Subject to paragraphs (2) and (3), for fiscal year 2014 and each succeeding fiscal year, the Secretary shall pay to any eligible college an amount equal to the charges for tuition for such year for all Native American Indian students who--
``(A) are not residents of the State in which the college is located; and
``(B) are enrolled in the college for the academic year ending before the beginning of such fiscal year.
``(2) Eligible colleges.--For purposes of this section, an eligible college is any institution of higher education serving Native American Indian students that provides tuition-free education as mandated by Federal statute, with the support of the State in which it is located, to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States.
``(3) Limitation.--The amount paid to any eligible college for each fiscal year under paragraph (1) may not exceed the amount equal to the charges for tuition for all Native American Indian students of that college who were not residents of the State in which the college is located and who were enrolled in the college for academic year 2012-2013.
``(b) Treatment of Payment.--Any amounts received by an eligible college under this section shall be treated as a reimbursement from the State in which the college is located, and shall be considered as provided in fulfillment of any Federal mandate upon the State to admit Native American Indian students free of charge of tuition.
``(c) Rule of Construction.--Nothing in this section shall be construed to relieve any State from any mandate the State may have under Federal law to reimburse a college for each academic year--
``(1) with respect to Native American Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition for such students for such academic year that exceeds the amount received under this section for such academic year; and
``(2) with respect to Native American Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition for such students for such academic year.
``(d) Definition of Native American Indian Students.--In this section, the term `Native American Indian students' includes reference to the term `Indian pupils' as that term has been utilized in Federal statutes imposing a mandate upon any college or State to provide tuition-free education to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States.''.
(d) Offset.--
(1) In general.--Notwithstanding any other provision of law, $15,000,000 in appropriated discretionary funds are hereby rescinded, on a pro rata basis, by account, from all available unobligated funds.
(2) Implementation.--The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under paragraph (1) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence.
(3) Exception.--This subsection shall not apply to the unobligated funds of the Department of Defense, the Department of Veterans Affairs, or the Department of Education, or any unobligated funds available to the Department of the Interior for the postsecondary education of Native American Indian students.
____________________
