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108hr4843ih | (ii) Waters subject to review
Judicial review, injunctive relief, or administrative appeal under clause (i) may be sought for any of the waters described in paragraph (2)(A), (2)(B), or (2)(C), as specified in the request made under this paragraph. (iii) Judicial review following administrative appeals
Any person who... |
108hr4843ih | Single agency implementation
(a) In general
Beginning on the date of enactment of this Act, all authorities of the Administrator of the Environmental Protection Agency under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) are transferred to the Secretary of the Army, acting through the Chief... |
108hr4843ih | 1344(a) ) and general permits issued under section 404(e) of such Act ( 33 U.S.C. 1344(e) ). (c) Transfer of funds
All funds appropriated to the Administrator for carrying out the authorities transferred under this section shall be transferred to the Secretary. (d) Conforming amendments
Section 404 of the Federal Wat... |
108hr4843ih | 1344 ) is amended— (1) in subsection (b) by striking the Administrator, in conjunction with ; (2) by striking subsection (c); and (3) in subsection (q) by adding at the end the following: No agreement entered into under this subsection shall authorize any of the signatory agencies to request a decision concerning a per... |
108hr4843ih | 1344 ) is amended by adding at the end the following: (u) Definitions
In this section, the following definitions apply: (1) Navigable
The term navigable means a water that is presently used, or is susceptible to use, in its natural condition or by reasonable improvement as a means to transport interstate or foreign c... |
108hr4843ih | (2) Wetlands
The term wetlands means those lands that have a predominance of hydric soils and that are inundated or saturated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil ... |
108hr4843ih | (3) Adjacent wetlands
The term adjacent wetlands means wetlands that are physically touching (abutting or contiguous to) a water described in subsection (a)(2)(A) or (a)(2)(B). Wetlands separated by a riverbank from which river water overflows into the wetlands annually or biannually are adjacent wetlands for purposes... |
108hr4843ih | (5) Fastlands
The term fastlands means areas located behind legally constituted manmade structures, such as levees, constructed and maintained to permit the utilization of the areas for commercial, industrial, or residential purposes consistent with local land use planning requirements.. |
108hr4712ih | 1. Short title
This Act may be cited as the OSHA and Employer Cooperation Act of 2004. 2. Enforcement of the Occupational Safety and Health Act of 1970
(a) Time periods for issuing citations
Section 9 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 658 ) is amended by striking with reasonable promptnes... |
108hr4712ih | (b) Time periods for contesting citations
Section 10 of such Act ( 29 U.S.C. 659 ) is amended by striking fifteen each place it appears and inserting thirty. (c) Right to correct violative condition
Section 9 of such Act ( 29 U.S.C. |
108hr4712ih | 658 ) is amended by adding at the end the following: (d) The Secretary may not assess a penalty under section 17 in connection with the initial issuance of a citation, with the exception of willful violations, if the employer corrects the violative condition and provides the Secretary an abatement certification within ... |
108hr4712ih | 658 ) is amended by adding at the end the following: (e) On multiemployer work sites, the Secretary may only cite the employer whose employees were exposed to a condition which is in violation of a requirement of any standard, rule or order promulgated pursuant to section 6 of this Act, or of any regulations prescribed... |
108hr4712ih | 666 ) is amended by inserting the following: (m) The Secretary shall not use other than serious citations as a basis for issuing subsequent, repeat or willful citations.. (f) Written statement to employer following inspection
Section 8 of such Act ( 29 U.S.C. |
108hr4712ih | 657 ) is amended by adding at the end the following: (i) At the closing conference after the completion of an inspection, the inspector shall provide the employer or a representative of the employer with a written statement that clearly and concisely provides the following information: (1) The results of the inspection... |
108hr4712ih | (3) An explanation of the procedure to follow in order to contest a citation, a penalty assessment, an amended citation, and an amended penalty assessment, including when and where to contest a citation and the required contents of the notice of intent to contest. (4) The Secretary’s responsibility to affirm, amend, or... |
108hr4712ih | (j) The written statement required under this section must be presented to the employer or the employer’s representative at the closing conference after the completion of the inspection.. |
108hr5396ih | 1. Short title
This Act may be cited as the Financial Transactions Equity Act of 2004. 2. Dividend received deduction for dividends received from qualified foreign corporations
(a) In general
Section 245 of the Internal Revenue Code of 1986 (relating to dividends received from certain foreign corporations) is amende... |
108hr5396ih | there shall be allowed as a deduction an amount equal to the percent (specified in section 243 for the taxable year) of such dividends. (2) Exclusion of certain dividends
Paragraph (1) shall not apply to any dividend received from a corporation organized under the laws of the Commonwealth of Puerto Rico to the extent ... |
108hr5396ih | (3) Coordination with section 1248
For purposes of this subsection, the term dividend does not include any amount treated as a dividend under section 1248.. (b) Effective date
The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. |
108hr5370ih | 1. Donald G. Brotzman Post Office Building
(a) Designation
The facility of the United States Postal Service located at 4985 Moorhead Avenue in Boulder, Colorado, shall be known and designated as the Donald G. Brotzman Post Office Building. (b) References
Any reference in a law, map, regulation, document, paper, or o... |
108hr5277ih | 1. Short title
This Act may be cited as the Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training In Our Neighborhoods Act of 2004 or PROTECTION Act. 2. Providing reliable officers, technology, education, community prosecutors, and training in our neighborhood initiative
(a) COPS pro... |
108hr5277ih | 3796dd(a) ) is amended by— (1) inserting and prosecutor after increase police ; and (2) inserting to enhance law enforcement access to new technologies, and after presence,. (b) Hiring and redeployment grant projects
Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. |
108hr5277ih | 3796dd(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B)(i), by inserting after Nation the following: , or pay overtime to existing career law enforcement officers to the extent that such overtime is devoted to community policing efforts ; and (B) by striking subparagraph (C) and inserting the following: (... |
108hr5277ih | ; and (2) by amending paragraph (2) to read as follows: (2) Limitation on grants to promote higher education
Grants pursuant to paragraph (1)(C) may not exceed 5 percent of the funds available for grants pursuant to this subsection for any fiscal year.. (c) Additional grant projects
Section 1701(d) of title I of the ... |
108hr5277ih | and (B) by inserting and after enforcement officers ; (2) in paragraph (7) by inserting school officials, religiously-affiliated organizations, after enforcement officers ; (3) by striking paragraph (8) and inserting the following: (8) establish school-based partnerships between local law enforcement agencies and local... |
108hr5277ih | and the illegal possession, use, and distribution of drugs; ; (4) in paragraph (11) by striking and at the end; (5) in paragraph (12) by striking the period at the end and inserting ; and ; and (6) by adding at the end the following: (13) develop and implement innovative programs (such as the TRIAD program) that bring ... |
108hr5277ih | (d) Technical assistance
Section 1701(f) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. |
108hr5277ih | 3796dd(f) ) is amended— (1) in paragraph (1)— (A) by inserting use up to 5 percent of the funds appropriated under subsection (a) to after The Attorney General may ; and (B) by inserting at the end the following: In addition, the Attorney General may use up to 5 percent of the funds appropriated under subsections (d), ... |
108hr5277ih | ; (2) in paragraph (2) by inserting under subsection (a) after the Attorney General ; and (3) in paragraph (3)— (A) by striking the Attorney General may and inserting the Attorney General shall ; (B) by inserting regional community policing institutes after operation of ; and (C) by inserting representatives of police ... |
108hr5277ih | 3796dd ) is amended by— (1) striking subsection (k); (2) redesignating subsections (f) through (j) as subsections (g) through (k); and (3) striking subsection (e) and inserting the following: (e) Law enforcement technology program
Grants made under subsection (a) may be used to assist police departments, in employing ... |
108hr5277ih | databases and other hardware and software that allow law enforcement agencies to communicate more effectively across jurisdictional boundaries and effectuate interoperability; (2) develop and improve access to crime solving technologies, including DNA analysis, photo enhancement, voice recognition, and other forensic c... |
108hr5277ih | and (4) pay overtime to existing career law enforcement officers. (f) Community-Based prosecution program
Grants made under subsection (a) may be used to assist State, local or tribal prosecutors’ offices in the implementation of community-based prosecution programs that build on local community policing efforts. Fund... |
108hr5277ih | and to address localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others; (2) redeploy existing prosecutors to community prosecution programs as described in paragraph (1) of this section by hiring victim and witness coordinators, paraleg... |
108hr5277ih | At least 75 percent of the funds made available under this subsection shall be reserved for grants under paragraphs (1) and (2) and of those amounts no more than 10 percent may be used for grants under paragraph (2) and at least 25 percent of the funds shall be reserved for grants under paragraphs (1) and (2) to units ... |
108hr5277ih | 3796dd–2 ) is amended by inserting at the end the following: (d) Retention grants
The Attorney General may use no more than 50 percent of the funds under subsection (a) to award grants targeted specifically for retention of police officers to grantees in good standing, with preference to those that demonstrate financi... |
108hr5277ih | (g) Definitions
(1) Career law enforcement officer
Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–8 ) is amended by inserting after criminal laws the following: , including a sheriff’s deputy charged with supervising offenders who are released into the communit... |
108hr5277ih | (2) School resource officer
Section 1709(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–8 ) is amended— (A) by striking subparagraph (A) and inserting the following: (A) to serve as a law enforcement liaison with other Federal, State, and local law enforcement and regulatory... |
108hr5277ih | (B) by striking subparagraph (E) and inserting the following: (E) to train students in conflict resolution, restorative justice, and crime awareness, and to provide assistance to and coordinate with other officers, mental health professionals, and youth counselors who are responsible for the implementation of preventio... |
108hr5277ih | members of the local parent teacher associations, community organizers, law enforcement, fire departments, and emergency medical personnel in the creation, review, and implementation of a school violence prevention plan; (I) to assist in documenting the full description of all firearms found or taken into custody on sc... |
108hr5277ih | and Explosives; and (K) to assist school administrators with the preparation of the Department of Education, Annual Report on State Implementation of the Gun-Free Schools Act which tracks the number of students expelled per year for bringing a weapon, firearm, or explosive to school. (h) Authorization of appropriations... |
108hr5277ih | 3793(a)(11) ) is amended— (1) by amending subparagraph (A) to read as follows: (A) There are authorized to be appropriated to carry out part Q, to remain available until expended— (i) $1,150,000,000 for fiscal year 2005; (ii) $1,150,000,000 for fiscal year 2006; (iii) $1,150,000,000 for fiscal year 2007; (iv) $1,150,00... |
108hr5277ih | 000 for fiscal year 2009; and (vi) $1,150,000,000 for fiscal year 2010. ; and (2) in subparagraph (B)— (A) by striking 3 percent and inserting 5 percent ; (B) by striking 1701(f) and inserting 1701(g) ; (C) by striking the second sentence and inserting Of the remaining funds, if there is a demand for 50 percent of appr... |
108hr5277ih | no less than 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, and no less than 50 p... |
108hr5277ih | and (E) by striking 1701(b), and all that follows through of part Q and inserting the following: 1701 (b) and (c), $350,000,000 to grants for the purposes specified in section 1701(e), and $200,000,000 to grants for the purposes specified in section 1701(f). |
108hr3852ih | 1. Amendment
Section 412(8) of the Energy Conservation and Production Act ( 42 U.S.C. 6862(8) ) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, and the United States Virgin Islands. |
108hr3729ih | 1. Short title
This Act may be cited as the Belated Thank You to the Merchant Mariners of World War II Act of 2004. 2. Benefits for World War II merchant mariners and survivors
(a) Monthly benefit
Chapter 112 of title 46, United States Code, is amended— (1) by inserting after the table of sections the following new ... |
108hr3729ih | Monthly benefit
(a) Payment to eligible persons
The Secretary of Veterans Affairs shall pay to each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000. (b) Surviving spouses of eligible persons
(1) Payment to surviving spouses
The Secretary of Veterans Affairs shall pay to th... |
108hr3729ih | (2) Exclusion
No benefit under this subsection shall be paid to a surviving spouse of a person eligible for benefits under section 11206 of this title unless such surviving spouse was married to such eligible person for no less than 1 year. (c) Children of eligible persons
If there is no surviving spouse entitled to ... |
108hr3729ih | (d) Exemption from taxation
Payments of benefits under this section are exempt from taxation as provided in section 5301(a) of title 38. 11206. Eligibility for benefit
(a) Eligible persons
A person referred to in subsection (b) who has performed qualified service as specified under subsection (c) shall be eligible f... |
108hr3729ih | (c) Qualified Service
A person shall be considered to have engaged in qualified service if, between December 7, 1941, and December 31, 1946— (1) the person— (A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel t... |
108hr3729ih | and harbors of the United States; (iii) under contract or charter to, or property of, the Government of the United States; and (iv) serving the Armed Forces; and (B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authori... |
108hr3729ih | Documentation of qualified service
(a) Application for service certificate
A person seeking benefits under section 11205 of this title shall submit an application for a service certificate to the Secretary of Transportation, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the... |
108hr3729ih | (c) Timing of documentation
A Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt. (d) Standards relating to service
In making a determination under subsection (b), the Secretary acting on the application shall apply the same standa... |
108hr3729ih | the terms surviving spouse and child have the meanings given those terms in paragraphs (3) and (4), respectively, of section 101 of title 38, except that in applying those meanings in this subchapter, the term veteran shall include a person who performed qualified service as specified in section 11206(c) of this title.... |
108hr3729ih | by striking chapter the second place it appears and inserting subchapter. (c) Clerical amendments
The table of sections at the beginning of chapter 112 of title 46, United States Code, is amended— (1) by inserting at the beginning the following new item: Subchapter I—Veterans’ burial and cemetery benefits ; and (2) by... |
108hr3729ih | (d) Effective date
Section 11205 of title 46, United States Code, as added by subsection (a) of this section, shall take effect with respect to payments for periods beginning on or after the date of the enactment of this Act, regardless of the date of application for benefits. 11205. Monthly benefit
(a) Payment to el... |
108hr3729ih | (b) Surviving spouses of eligible persons
(1) Payment to surviving spouses
The Secretary of Veterans Affairs shall pay to the surviving spouse of each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000. (2) Exclusion
No benefit under this subsection shall be paid to a survivin... |
108hr3729ih | (c) Children of eligible persons
If there is no surviving spouse entitled to benefits under this section, the Secretary of Veterans Affairs shall pay to the children of each person eligible for benefits under section 11206 of this title a monthly benefit of $1,000, equally divided. (d) Exemption from taxation
Payment... |
108hr3729ih | Eligibility for benefit
(a) Eligible persons
A person referred to in subsection (b) who has performed qualified service as specified under subsection (c) shall be eligible for benefits under section 11205(a) of this title. (b) Covered persons
Subsection (a) applies to a person who receives an honorable service certi... |
108hr3729ih | 1946— (1) the person— (A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was— (i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or O... |
108hr3729ih | and (iv) serving the Armed Forces; and (B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service; or (2) while performing service under paragraph (1), the person was... |
108hr3729ih | Documentation of qualified service
(a) Application for service certificate
A person seeking benefits under section 11205 of this title shall submit an application for a service certificate to the Secretary of Transportation, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the... |
108hr3729ih | (c) Timing of documentation
A Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt. (d) Standards relating to service
In making a determination under subsection (b), the Secretary acting on the application shall apply the same standa... |
108hr3729ih | Definitions
In this subchapter, the terms surviving spouse and child have the meanings given those terms in paragraphs (3) and (4), respectively, of section 101 of title 38, except that in applying those meanings in this subchapter, the term veteran shall include a person who performed qualified service as specified i... |
108hr4496ih | 1. Short Title
This Act may be cited as the Vocational and Technical Education for the Future Act. 2. References
Wherever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision ... |
108hr4496ih | 2301(2) ) is amended by inserting rigorous and challenging after integrate. (b) Definitions
Section 3 of the Carl D. Perkins Vocational and Technical Education Act of 1998 ( 20 U.S.C. |
108hr4496ih | 2302 ) is amended— (1) by redesignating paragraphs (4) through (20) as paragraphs (5) through (21) and paragraphs (21) through (30) as paragraphs (23) through (31), respectively; (2) by inserting after paragraph (3) the following: (4) Articulation agreement
The term articulation agreement means a written commitment to... |
108hr4496ih | (3) in paragraph (5) (as so redesignated), by inserting to students (and parents, as appropriate) after providing access ; (4) in paragraph (6) (as so redesignated), by striking section 5206 and inserting section 5210 ; (5) in paragraph (7) (as so redesignated)— (A) by striking method of instruction and inserting metho... |
108hr4496ih | (7) in paragraph (18) (as so redesignated)— (A) in the paragraph heading, by striking training and employment and inserting fields ; and (B) by striking training and employment and inserting fields ; (8) in paragraph (19) (as so redesignated), by striking the Commonwealth of the Northern and all that follows, and inser... |
108hr4496ih | ; (9) by inserting after paragraph (21) (as so redesignated) the following: (22) Scientifically based research
The term scientifically based research has the meaning given that term in section 9101(37) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 780137 )). (10) in paragraph (25) (as so redesigna... |
108hr4496ih | (C) in subparagraph (F)— (i) by striking individuals with other barriers to educational achievement, including ; and (ii) by striking the period and inserting ; and ; and (D) by inserting after subparagraph (F) the following: (G) individuals with other barriers to educational achievement, as determined by the State. (1... |
108hr4496ih | and (B) by striking paragraph (5)(A) of such section and inserting paragraph (5)(A) of such subsection ; and (13) by amending paragraph (30)(A) (as so redesignated) to read as follows: (A) offer a sequence of course that— (i) provides individuals with the rigorous and challenging academic and technical knowledge and sk... |
108hr4496ih | an associate degree, or industry recognized credential; and. 4. Transition provisions
Section 4 ( 20 U.S.C. 2303 ) is amended— (1) by striking Applied Technology and inserting Technical ; and (2) by striking the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 and inserting the Vocational... |
108hr4496ih | 2307 ) is amended by striking , and title II) such sums and all that follows and inserting ) $1,307,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 through 2010.. 6. Prohibitions
The Carl D. Perkins Vocational and Technical Education Act of 1998 ( 20 U.S.C. 2301 et seq. ) i... |
108hr4496ih | Prohibitions
(a) Local Control
Nothing in this Act shall be construed to authorize an officer or employee of the Federal government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any sub... |
108hr4496ih | (c) Prohibition on Requiring Federal Approval or Certification of Standards
(1) In general
Notwithstanding any other provision of Federal law, no State shall be required to have academic content or student academic achievement standards approved or certified by the Federal government, in order to receive assistance u... |
108hr4496ih | Prohibitions
(a) Local Control
Nothing in this Act shall be construed to authorize an officer or employee of the Federal government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any sub... |
108hr4496ih | (c) Prohibition on Requiring Federal Approval or Certification of Standards
(1) In general
Notwithstanding any other provision of Federal law, no State shall be required to have academic content or student academic achievement standards approved or certified by the Federal government, in order to receive assistance u... |
108hr4496ih | Allotment and Allocation to States
(a) Allotment for national activities for 2005
Section 111(a)(C) is amended to read as follows: (C) 0.54 percent to carry out section 114(d).. (b) Technical amendments
Section 111(a)(3) ( 20 U.S.C. 2321(a)(3) ) is amended by striking (or in the case of fiscal year 1999 and all that... |
108hr4496ih | (c) Within State Allocation
Section 112 ( 20 U.S.C. 2322 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking 85 percent and inserting 88 percent both places it appears; (ii) by striking 10 percent and inserting 18.3 percent ; and (iii) by inserting , except as specified in subsection (d) before ... |
108hr4496ih | by amending subparagraph (D) to read as follows: (D) situations in which eligible recipients desire additional funding to carry out effectively the activity described in section 135(b)(3). ; and (3) by amending paragraph (2) of subsection (c) to read as follows:. |
108hr4496ih | (2) Special rule
Each eligible agency shall distribute grant funds described in paragraph (1) to eligible recipients for activities described in subparagraph (D) of such paragraph in an amount at least equal to the amount allotted to the eligible agency for fiscal year 2004 under section 203 of this Act as such sectio... |
108hr4496ih | 2323(a) ) is amended— (1) by striking establish a State and inserting support a State and local ; and (2) by inserting and its eligible recipients after effectiveness of the State. (b) State performance measures
Section 113(b) ( 20 U.S.C. 2323(b) ) is amended— (1) in paragraph (2)— (A) by redesignating subparagraphs (... |
108hr4496ih | (ii) by inserting of secondary students that are, to the extent practicable, valid and reliable and after indicators of performance ; (iii) in clause (i)— (I) by striking State established academic, and inserting academic content and achievement standards, as established by the State under section 1111(b)(1) of the Ele... |
108hr4496ih | (iv) in clause (ii)— (I) by striking or its recognized equivalent and inserting or the General Equivalency Diploma (GED) (including recognized alternative standards for individuals with disabilities), ; and (II) by striking , or a postsecondary degree or credential ; (v) in clause (iii), by striking Placement and inser... |
108hr4496ih | 6311(b)(2)(C)(vi) ), placement ; and (vi) by striking clause (iv); (C) by inserting after subparagraph (A) the following: (B) Core indicators of performance for postsecondary students
Each eligible agency shall identify in the State plan core indicators of performance of postsecondary students that include, at a minim... |
108hr4496ih | (iii) Placement in, retention in, and completion of, postsecondary education or advanced training, placement in military service, or placement or retention in employment. (iv) Student participation in and completion of vocational and technical education programs in nontraditional fields. and (D) in subparagraph (D) (a... |
108hr4496ih | (B) in subparagraph (A)(i)— (i) by striking paragraph (2)(A) and inserting paragraphs (2)(A) and (B) ; and (ii) in subclause (II), by striking to continually and all that follows through performance , and inserting to make continuous and substantial improvement in the academic and vocational and technical achievement ;... |
108hr4496ih | (D) in subparagraph (A)(vi)(II), by inserting and substantial after continuous ; and (E) in subparagraph (A)(vii), by striking under clause (iii) or (iv) and inserting under clause (iii) or (v). |
108hr4496ih | (c) Local levels of performance
Section 113(b) is further amended by adding at the end the following: (4) Local levels of performance
(A) Local adjusted levels of performance for core indicators of performance
(i) In general
Each eligible recipient shall establish in the local plan submitted under section 134, leve... |
108hr4496ih | The levels of performance established under this subparagraph shall, at a minimum— (I) be expressed in a percentage or numerical form, so as to be objective, quantifiable, and measurable; and (II) require the eligible recipient to make continuous and substantial improvement in the academic and vocational and technical ... |
108hr4496ih | (iii) Agreement on local adjusted levels of performance for the first 2 years
The eligible agency and each eligible recipient shall reach agreement on the levels of performance for each of the core indicators of performance, for the first 2 program years covered by the local plan, taking into account the levels identi... |
108hr4496ih | (iv) Agreement on local adjusted levels of performance for 3rd, 4th, 5th, and 6th years
Prior to the third program year covered by the local plan, the eligible agency and each eligible recipient shall reach agreement on the local adjusted levels of performance for each of the core indicators of performance for the thi... |
108hr4496ih | The local adjusted levels of performance agreed to under this clause shall be considered to be the local adjusted levels of performance for the eligible recipient for such years and shall be incorporated into the local plan. |
108hr4496ih | (v) Factors
The agreement described in clause (iii) or (iv) shall take into account— (I) how the levels of performance involved compare with the local adjusted levels of performance established for other eligible recipients taking into account factors including the characteristics of participants when the participants... |
108hr4496ih | (vi) Revisions
If unanticipated circumstances arise with respect to an eligible recipient resulting in a significant change in the factors described in clause (v)(II), the eligible recipient may request that the local adjusted levels of performance agreed to under clause (iii) or (iv) be revised. The eligible agency s... |
108hr4496ih | (C) Report
Each eligible recipient shall publicly report, on an annual basis, its progress in achieving its levels of performance on the core indicators of performance.. 9. National Activities
(a) Program performance information
Section 114(a)(3) ( 20 U.S.C. 2324(a)(3) ) is amended by inserting in the aggregate afte... |
108hr4496ih | 2324(c) ) is amended— (1) by amending paragraph (2) to read as follows: (2) Independent advisory panel
The Secretary shall appoint an independent advisory panel, consisting of academic and vocational and technical education educators, administrators, experts in evaluation, research, and assessment, representatives of ... |
108hr4496ih | The advisory panel shall transmit to the Secretary and to Congress an independent analysis of the findings and recommendations resulting from such assessment. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel established under this subsection. (2) in paragraph (3)— (A) in subparagraph (B)—... |
108hr4496ih | (vi) and (vii) and redesignating clauses (iii) and (v) as clauses (i) and (ii), and clause (viii) as clause (iii), respectively; (iii) in clause (i) (as so redesignated), by striking , and academic, curricula in vocational and technical education programs, and inserting education ; and (iv) in clause (ii) (as so redesi... |
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