[Congressional Record Volume 155, Number 135 (Wednesday, September 23, 2009)]
[Senate]
[Pages S9735-S9748]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. FRANKEN:
  S. 1697. A bill to require that household cleaning products and 
similar products bear labels that state completely and accurately all 
of the ingredients of such products, and for other purposes, to the 
Committee on Commerce, Science, and Transportation.
  Mr. FRANKEN. Mr. President, today I am introducing my second bill, 
the Household Product Labeling Act. This legislation will enable 
consumers to determine whether potentially harmful chemicals are 
present in the household cleaning products they use every day. I want 
to first thank my colleague in the House, Representative Israel of New 
York's 2nd District, for his leadership on this issue and for the 
tremendous work he put into helping to craft this bill.
  In many households across the country, the entire family pitches in 
on household cleaning chores. The effort is obviously intended to keep 
everyone healthy by cutting down on germs, bacteria, and mold. But 
unfortunately, many of the ingredients in commonly used cleaning 
products may be dangerous themselves. Current law requires that product 
labels list immediately hazardous ingredients, but there is no labeling 
requirement for ingredients that may cause harm over time.
  Many chemicals contained in household products have been shown to 
produce harmful health effects. Consumers have a right to know which of 
these potentially harmful chemicals might be present in their kitchen 
and bathroom cupboards. This information is particularly important to 
families with small children, who as we all know have more direct 
contact with floors and household surfaces. This legislation simply 
makes that information readily available to consumers, giving them the 
opportunity to make an informed choice about the chemicals they bring 
into their homes.
  How many times have you heard on the news or read in the paper about 
a new drug or chemical that has been recently linked to health or 
environmental hazards? It happens all the time. An ingredient that a 
company claims is ``perfectly safe'' today could be reclassified as 
``dangerous'' tomorrow. And an ingredient that is safe for most people 
could be a major irritant for a child with asthma. Eventually, I hope 
that manufacturers will take pre-emptive action and eliminate 
potentially harmful chemicals from their products. In the meantime, 
this legislation is a common sense step in the right direction.
  I urge my colleagues to support the ``Household Product Labeling 
Act'' and give consumers the right to shield their families from 
potentially harmful household products.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was orderd to be 
printed in the Record, as follows:

                                S. 1697

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Household Product Labeling 
     Act of 2009''.

     SEC. 2. LABELING REQUIREMENT FOR CERTAIN HOUSEHOLD PRODUCTS.

       (a) Definitions.--In this Act:
       (1) Consumer product.--The term ``consumer product'' has 
     the meaning given the term in section 3 of the Consumer 
     Product Safety Act (15 U.S.C. 2052).
       (2) Covered products.--The term ``covered products'' 
     consists of the following consumer products:
       (A) Household cleaning products.
       (B) Air fresheners and deodorizers.
       (C) Floor and furniture polish.
       (D) Dishwashing soap.
       (E) Drain cleaners.
       (F) Laundry detergent and dryer sheets.
       (G) Epoxies.
       (H) Paints or stains.
       (I) Any other similar consumer product designated by the 
     Consumer Product Safety Commission for purposes of this Act.
       (3) Ingredients.--The term ``ingredients'', with respect to 
     a covered product, includes any fragrance, dye, or 
     preservative, and any component of such fragrance, dye, or 
     preservative, included in such product.
       (4) Interstate commerce.--The term ``interstate commerce'' 
     has the meaning given the term in section 2 of the Federal 
     Hazardous Substances Act (15 U.S.C. 1261).
       (5) Label.--The term ``label'' has the meaning given such 
     term in such section 2.
       (b) Labeling Requirement.--
       (1) In general.--Each covered product introduced or 
     delivered for introduction into interstate commerce shall 
     bear a label that states completely, accurately, and legibly 
     all of the ingredients of such product.
       (2) Standard list of ingredients.--The Consumer Product 
     Safety Commission shall prescribe in the rules required by 
     subsection (d) a standardized list of the ingredients known 
     to be included in covered products in order to ensure the 
     uniform statement of ingredients on covered products in 
     labels on covered products under this Act.
       (c) Enforcement.--Beginning on the date that is 540 days 
     after the date of the enactment of this Act, any covered 
     product that is introduced or delivered for introduction into 
     interstate commerce in violation of subsection (b) shall be 
     treated as a misbranded hazardous substance within the 
     meaning of section 2(p) of the Federal Hazardous Substances 
     Act (15 U.S.C. 1261(p)).
       (d) Rulemaking.--Not later than 1 year after the date of 
     the enactment of this Act, the Consumer Product Safety 
     Commission shall prescribe rules to carry out this Act.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Reid, Mr. Dodd, Mrs. Murray, 
        Mr. Reed, Mr. Brown, Mr. Casey, Mr. Merkley, and Mr. Franken):
  S. 1698. A bill to provide grants to the States to improve high 
schools and raise graduation rates while ensuring rigorous standards, 
to develop and implement effective school models for struggling 
students and dropouts, and to improve State policies to raise 
graduation rates, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. BINGAMAN. Mr. President, I rise today, along with Senators Reid, 
Dodd, Murray, Reed, Brown, Casey, Merkley, and Franken, to introduce 
the Graduation Promise Act of 2009, or GPA. This bill would create 
Federal-State-local partnerships to improve this nation's graduation 
rates, and to help transform our lowest-performing high schools.
  Twenty years ago, the Nation's governors met with the first President 
Bush in Charlottesville, Virginia, for a groundbreaking education 
summit. They agreed to set high expectations for education for the 
coming decade, including an increase in the national high school 
graduation rate to 90 percent by the year 2000. Today, we are not even 
close to achieving that goal.
  Indeed, the Nation's high school graduation rate has stagnated at 
around 70 percent. Graduation rates for students of color are even 
lower. In my own home state of New Mexico, the graduation rate is only 
54 percent. Yet Federal education policy and funding have focused 
primarily upon elementary and postsecondary education. Only about 8 
percent of all Title I dollars go to high schools.
  The economic cost of the high school dropout crisis is significant. 
According to the Alliance for Excellent Education, if the students who 
dropped out of the Class of 2009 had graduated, the nation's economy 
would have benefited from nearly $335 billion in additional income over 
the course of these students' lifetimes. Failing to address the 
nation's dropout crisis fails our students and our country because too 
few young Americans are prepared to enter the workforce, which harms 
our economy and our standing in the world. If we don't improve our 
graduation rates, we will lose our competitive edge.
  But low graduation rates are only one broad indicator of the crisis 
affecting our Nation's high schools. Even if a student makes it to 
graduation, only a third of all students who enter the 9th grade will 
graduate with the skills and knowledge necessary to succeed in college 
or the modern workplace. They are not receiving the kind of quality 
education that permits a seamless transition to a job or postsecondary 
education.

[[Page S9736]]

  Fortunately, research is available to help us better understand the 
factors behind low graduation rates and poor student performance in 
high school. We can use research-based tools to identify the high 
schools that are producing the majority of dropouts across the country. 
These high schools, roughly 2,000 in all, or 15 percent of all high 
schools, have persistently low rates of grade promotion and graduation. 
If you look at the typical senior class at one of these high schools, 
it will have decreased in size by at least 40 percent since these 
students entered the school 4 years earlier.
  Research has also shed light on the specific risk factors that 
predict who will drop out of high school. We can identify future 
dropouts with a high degree of certainty by looking at such predictors 
as course failure, poor attendance, behavior problems, and retention in 
earlier grades. Students who enter high school significantly lagging 
behind in their academics and who show clear signs of disengagement are 
likely to drop out unless additional supports are put in place.
  Research-based solutions, with solid evidence of success, are 
transforming high schools with low graduation rates. Restructuring 
schools into smaller, more personalized learning environments ensures 
that students become engaged from the time they enter 9th grade. 
Sustained efforts to boost attendance ensure that they don't fall 
further behind. Partnerships with community-based and education 
organizations help facilitate successful school transformations.

  Schools that have combined these efforts with high-quality curriculum 
and instructional improvements have been successful in improving 
student achievement and increasing graduation rates: transitional math 
and English to 9th graders helps them catch up; challenging curricula 
and tangible, contextual applications of learning rekindle their 
interest; and teaching teams and professional development targeted to 
the needs of the school bolster teachers' effectiveness in identifying, 
managing, and engaging students at risk of dropping out. In 
combination, these interventions are proven to improve student 
achievement and increase graduation rates.
  In essence, we know which schools have the highest dropout rates; we 
know the risk factors that predict to a high degree of certainty which 
students will drop out; and we know which sets of interventions work to 
turn around failing schools and failing students. The task before us is 
to partner with states and local school districts to enhance and expand 
these efforts. By appropriately extending its education focus to 
include the needs of students in middle and high schools, the Federal 
Government can move the nation from ``no child left behind'' to ``every 
student a graduate.''
  To meet this critical goal, I am introducing, along with my 
colleagues Senators Reid, Dodd, Murray, Reed, Brown, Casey, Merkley, 
and Franken, the Graduation Promise Act of 2009.
  The Graduation Promise Act will help build state and local capacity 
for secondary school improvement by providing states and local school 
districts with resources to identify and target high schools with the 
greatest needs. GPA recognizes that high school reform needs to start 
with experts on the ground--in the states and local districts where 
struggling high schools exist.
  It also recognizes that reform efforts must be targeted to address 
the unique challenges each school faces in raising achievement and 
graduation levels. As such, GPA would provide resources to states to 
establish differentiated high school improvement systems and ensure 
that locally-driven school improvement actions are based upon the 
amount and type of supports necessary to turn such schools around.
  In order to be eligible to receive funds to implement these school 
improvement plans, local school districts would work with the school 
improvement teams to assess the capacity of the high school to 
implement the plan, as well as identify the existing resources 
available to the district and the school. These assessments would be 
used to determine the amount of resources and technical assistance 
needed to successfully implement the high school improvement plan.
  GPA also emphasizes transparency and accountability. Both state 
applications and local school improvement plans would be subject to a 
rigorous peer-review process. Schools needing targeted interventions, 
whole school reform, or replacement would be required to meet 
measurable and meaningful benchmarks of improvement.
  The cost of raising student performance and graduation rates at our 
chronically underperforming high schools is considerable, yet it is a 
necessary investment in our Nation's future economic strength. The 
Graduation Promise Act authorizes $2.5 billion per year to meet this 
challenge, with the bulk of funding directed to states and local school 
districts to help turn around the high schools with the lowest student 
achievement and lowest graduation rates.
  I submit that we cannot afford to let struggling high schools 
continue to push students off the path to prosperity. We must ensure 
the continued prosperity of our country by promising each high school 
student a chance to gain the skills and knowledge necessary to pursue 
their dreams and succeed.
  I want to thank my Senate cosponsors for their commitment to 
improving high schools and increasing graduation rates in this country, 
and I am pleased to be working with them and other Senate colleagues on 
this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1698

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Graduation 
     Promise Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

      TITLE I--HIGH SCHOOL IMPROVEMENT AND DROPOUT REDUCTION FUND

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Grants authorized.
Sec. 105. Secretarial peer review and approval.
Sec. 106. State plan to develop differentiated high school improvement 
              system.
Sec. 107. Use of grant funds.
Sec. 108. Statewide differentiated high school improvement system.
Sec. 109. Subgrants to local educational agencies.
Sec. 110. Local educational agency implementation of school improvement 
              system.
Sec. 111. School improvement activities.
Sec. 112. Evaluation and reporting.
Sec. 113. Authorization of appropriations.

            TITLE II--DEVELOPMENT OF EFFECTIVE SCHOOL MODELS

Sec. 201. Purposes.
Sec. 202. Definitions.
Sec. 203. Grants authorized.
Sec. 204. Application.
Sec. 205. Secretarial peer review and approval.
Sec. 206. Use of funds.
Sec. 207. Evaluation and reporting.
Sec. 208. Authorization of appropriations.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) In general.--The terms ``distance learning'', 
     ``educational service agency'', ``highly qualified'', ``local 
     educational agency'', ``secondary school'', and ``State 
     educational agency'' have the meanings given the terms in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801).
       (2) Graduation rate.--The term ``graduation rate'' has the 
     meaning given the term in section 1111(b)(2)(C)(vi) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(vi)), as clarified in section 200.19(b)(1) of 
     title 34, Code of Federal Regulations.
       (3) High school.--The term ``high school'' means a 
     secondary school in which the--
       (A) entering grade of the school is not lower than grade 6; 
     and
       (B) highest grade of the school is--
       (i) grade 12; or
       (ii) in the case of a secondary school approved by a State 
     to issue a regular diploma concurrently with a postsecondary 
     degree or with not more than 2 years' worth of postsecondary 
     academic credit, grade 13.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (6) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.

[[Page S9737]]

      TITLE I--HIGH SCHOOL IMPROVEMENT AND DROPOUT REDUCTION FUND

     SEC. 101. FINDINGS.

       The Senate finds the following:
       (1) About a third of our Nation's high school students fail 
     to graduate in 4 years, and another third graduate without 
     the skills and knowledge needed to succeed in college or the 
     workplace. The outcomes for minority students are even worse: 
     only 50 percent of American Indian, 51 percent of Black, and 
     about 55 percent of Hispanic students graduate on time, 
     compared to 76 percent of white students.
       (2) Approximately half of the Nation's dropouts attend a 
     school where 40 percent or more of the freshman class has 
     dropped out by the time the students reach their senior year. 
     These schools, which are located in nearly every State, 
     disproportionately serve minority and poor students, and have 
     fewer resources and less qualified teachers than schools in 
     more affluent neighborhoods. Almost half of African American 
     students and nearly 40 percent of Latino students--compared 
     to only 11 percent of white students--attend high schools in 
     which graduation is not the norm.
       (3) A high school diploma is increasingly important for 
     success in the 21st century economy. In fact, nearly 90 
     percent of the fastest-growing, highest-paying jobs require 
     some sort of education beyond high school.
       (4) For decades, Federal funding has largely been spent on 
     prekindergarten through grade 6 education and higher 
     education, with dramatically less given the middle and high 
     school grades. While children in their early years must build 
     a strong foundation for learning, research also clearly 
     demonstrates the need to continue the investment at each 
     stage of the education process or risk losing much of the 
     benefit of the early effort.
       (5) High schools receive only 10 percent of funds under 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6301 et seq.), leaving millions of title I 
     eligible, high school students in low-performing schools 
     without the focused support, external assistance, and 
     resources for improvement that title I was created to 
     provide. Because title I funds serve as the trigger for 
     school improvement requirements in the Elementary and 
     Secondary Education Act of 1965, this also means that most 
     low-income, low-performing high schools are not required to 
     (or supported to) implement school improvement activities.
       (6) While the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.) includes a strong focus on 
     identifying low-performing schools, America still needs a 
     comprehensive strategy to support and improve chronically 
     low-performing schools and local educational agencies. School 
     improvement strategies should be tailored based on a variety 
     of indicators and data, so that educators can create and 
     implement successful school improvement strategies to address 
     the needs of the individual schools.
       (7) Most local educational agencies and State educational 
     agencies do not necessarily have the capacity or 
     infrastructure to guide, support, and fund school improvement 
     strategies where they are needed, but good models for turning 
     around low-performing high schools do exist. Federal support 
     should be used to build this capacity based on evidence from 
     successful high schools.
       (8) If the Nation is to maintain and increase its 
     competitiveness in the global economy, it must invest in a 
     systemic approach to improving its high schools so that every 
     child graduates from high school prepared for success.

     SEC. 102. PURPOSES.

       The purposes of this title are to--
       (1) improve high school student academic achievement and 
     graduation rates and prepare all students for postsecondary 
     education and the workforce;
       (2) help States and local educational agencies develop high 
     school improvement systems to deliver support and technical 
     assistance to high schools identified for whole school reform 
     or replacement, as described in clause (ii) and (iii) of 
     section 106(b)(2)(B);
       (3) ensure students graduate from high school with the 
     education and skills necessary to compete in a global 
     economy; and
       (4) help build the capacity to develop and implement 
     research-based, sustainable, and replicable high school 
     improvement models and interventions that are for high 
     schools in whole school reform and replacement and that 
     engage the whole community.

     SEC. 103. DEFINITIONS.

       In this title:
       (1) Adequate yearly progress.--The term ``adequate yearly 
     progress'' has the meaning given the term in section 
     1111(b)(2)(C) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6311(b)(2)(C)).
       (2) External partner.--The term ``external partner'' means 
     an entity--
       (A) that is an organization such as a nonprofit 
     organization, community-based organization, local education 
     fund, service organization, educational service agency, or 
     institution of higher education; and
       (B) that has demonstrated expertise and effectiveness in 
     providing targeted support such as data analysis, 
     professional development, or provision of nonacademic support 
     and integrated student services to local educational 
     agencies, schools, or students that leads to improved 
     teaching, learning, and outcomes for students, including for 
     those students who are failing to make sufficient progress to 
     graduate in the standard amount of years or who have dropped 
     out of high school.
       (3) Low-income local educational agency.--The term ``low-
     income local educational agency'' means a local educational 
     agency in which not less than 15 percent of the students 
     served by such agency are from families with incomes below 
     the poverty line.
       (4) Middle grades.--The term ``middle grades'' means any of 
     grades 5 through 8.
       (5) Poverty line.--The term ``poverty line'' means the 
     poverty line described in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902), applicable to a 
     family of the size involved.
       (6) Secondary school reform partner.--The term ``secondary 
     school reform partner'' means an organization, such as a 
     school reform organization, community-based organization, 
     local education fund, educational service agency, or 
     institution of higher education, with expertise in analyzing 
     school performance data and a track record of success in 
     improving student achievement and graduation rates in low-
     performing high schools.

     SEC. 104. GRANTS AUTHORIZED.

       (a) In General.--The Secretary is authorized to make 
     grants, through allotments under subsection (b), to State 
     educational agencies with approved State plans that will--
       (1) improve student achievement and graduation rates; and
       (2) effectively target resources and technical assistance 
     to high schools in whole school reform or replacement, as 
     described in clause (ii) or (iii) of section 106(b)(2)(B).
       (b) Determination of Allotments.--
       (1) Reservation of funds.--From the total amount 
     appropriated under section 113, the Secretary shall reserve 
     not more than--
       (A) the lesser of 3 percent or $50,000,000, to--
       (i) provide technical assistance and ongoing regional 
     training programs that are equitably distributed--

       (I) among the different geographic regions of the United 
     States; and
       (II) among State and local educational agencies serving 
     urban and rural areas;

       (ii) evaluate activities authorized under this title in 
     order to determine the most effective strategies for 
     improving student achievement and outcomes for students 
     attending high schools identified for targeted intervention, 
     whole school reform, or replacement under section 106(b)(2); 
     and
       (iii) disseminate the findings of such evaluations;
       (B) the lesser of 4 percent or $75,000,000, to build the 
     capacity of secondary school reform partners and external 
     partners to provide services under this Act that benefit high 
     schools and support the development or enhancement of 
     research-based whole secondary school reform or new secondary 
     school models, of which not less than 35 percent of such 
     reserved funds shall be awarded, on a competitive basis, to 
     secondary school reform partners or external partners that 
     will provide services under this Act that benefit high 
     schools designated with a school locale code of Fringe Rural 
     (41), Distant Rural (42), or Remote Rural (43), as determined 
     by the Secretary; and
       (C) 2 percent to the Secretary of the Interior, to enable 
     the Secretary to carry out the purposes of this Act for 
     schools operated or funded by the Bureau of Indian Affairs.
       (2) State allotment.--From the total amount appropriated 
     under section 113 for a fiscal year and not reserved under 
     paragraph (1), the Secretary shall make allotments as 
     follows:
       (A) Low-income local educational agencies.--From such 
     amount, the Secretary shall allot to each State an amount 
     that bears the same ratio to 50 percent of the sums being 
     allotted as the percentage of students enrolled in schools 
     served by low-income local educational agencies in the State 
     bears to the total of such percentages for all the States.
       (B) Lowest graduation rate calculation.--From such amount, 
     the Secretary shall allot to each State for which the 
     graduation rate is within the lowest one-third of the 
     graduation rates for all States, an amount that bears the 
     same ratio to 25 percent of the sums being allotted as the 
     number of students enrolled in high schools in the State 
     bears to the total of such students in all of such States 
     with the lowest one-third graduation rates.
       (C) Middle graduation rate calculation.--From such amount, 
     the Secretary shall allot to each State for which the 
     graduation rate is within the middle one-third of the 
     graduation rates for all States, an amount that bears the 
     same ratio to 15 percent of the sums being allotted as the 
     number of students enrolled in high schools in the State 
     bears to the total of such students in all of such States 
     within the middle one-third graduation rates.
       (D) Highest graduation rate calculation.--From such amount, 
     the Secretary shall allot to each State for which the 
     graduation rate is within the highest one-third of the 
     graduation rates for all States, an amount that bears the 
     same ratio to 10 percent of the sums being allotted as the 
     number of students enrolled in high schools in the State 
     bears to the total of such students in all of such States 
     within the highest one-third graduation rates.
       (3) Reallotment.--If any State does not apply for an 
     allotment under this subsection for any fiscal year, the 
     Secretary shall reallot the amount of the allotment to the

[[Page S9738]]

     remaining States in accordance with this subsection.
       (4) Using first-year data.--In calculating allotments under 
     this subsection for the second and each subsequent year of 
     the grant period, the Secretary shall use the data relating 
     to low-income local educational agencies and graduation rates 
     used for the first year of the grant period.
       (5) Hold harmless.--Notwithstanding any other provision of 
     this subsection but subject to paragraph (6), no State shall 
     receive an allotment under this section for a fiscal year in 
     an amount that is less than the amount the State received 
     under this section for the first fiscal year of the grant 
     period.
       (6) Ratable reduction.--If the amount appropriated in a 
     fiscal year is not sufficient to pay the minimum allotments 
     to all eligible institutions under paragraph (5), the amount 
     of the minimum allotment to each such eligible institution 
     shall be ratably reduced.
       (c) Supplement, Not Supplant.--A State educational agency 
     that receives a grant under this title shall use the grant 
     funds to supplement, and not supplant, Federal and non-
     Federal funds available to high schools.
       (d) Matching Funds.--A State educational agency that 
     receives a grant under this section shall provide matching 
     funds, from non-Federal sources, in an amount equal to 25 
     percent of the amount of grant funds provided to the State to 
     carry out the activities supported by the grant. Such 
     matching funds may be provided in cash or in-kind, except 
     that--
       (1) not more than 10 percent of the amount of grant funds 
     may be provided through in-kind contributions; and
       (2) any in-kind contributions shall be directed toward 
     supporting the State educational agency's technical 
     assistance efforts or the operation of the State's 
     differentiated high school improvement system under section 
     106.

     SEC. 105. SECRETARIAL PEER REVIEW AND APPROVAL.

       (a) In General.--The Secretary shall--
       (1) establish a peer-review process to assist in the review 
     and approval of State plans;
       (2) appoint individuals to the peer-review process who are 
     educators and experts in educational standards, assessments, 
     accountability, high school improvement, dropout prevention, 
     academic needs of English language learners, and other 
     educational needs of high school students;
       (3) approve a State plan submitted under this title not 
     later than 120 days after the date of the submission of the 
     plan unless the Secretary determines that the plan does not 
     meet the requirements of this title;
       (4) if the Secretary determines that the State plan does 
     not meet the requirements of this title, immediately notify 
     the State of such determination and the reasons for such 
     determination;
       (5) if the Secretary determines that the State does not 
     have the capacity to carry out the school improvement 
     activities described in sections 106(b)(2) and 108, offer 
     technical assistance to carry out such activities for States 
     directly or through contracts with secondary school reform 
     partners;
       (6) not deny a State's plan before--
       (A) offering the State an opportunity to revise the State's 
     plan;
       (B) providing the State with technical assistance in order 
     to submit a successful plan; and
       (C) providing the State an opportunity for a hearing or 
     accepting input from the State; and
       (7) have the authority to deny a State plan for not meeting 
     the requirements of this title.
       (b) Accuracy.--In approving a State plan, the Secretary 
     shall ensure that--
       (1) the process the State educational agency proposes for 
     differentiating school improvement actions under sections 
     106(b)(2) and 108, which process will assign high schools to 
     each of the school improvement categories described in 
     section 106(b)(2) in such a way that accurately identifies 
     the high school and leads to the implementation of the 
     interventions necessary to meet the needs of the students 
     attending the high school; and
       (2) the annual growth targets proposed by the State 
     educational agency under section 106(b)(3)(D) are meaningful 
     and achievable, and demonstrate continuous and substantial 
     progress.

     SEC. 106. STATE PLAN TO DEVELOP DIFFERENTIATED HIGH SCHOOL 
                   IMPROVEMENT SYSTEM.

       (a) In General.--For a State to be eligible to receive a 
     grant under this title, the State educational agency shall 
     submit a plan to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       (b) Contents.--Each plan submitted under this section shall 
     include the following:
       (1) School improvement process.--The State educational 
     agency shall describe how the State educational agency will 
     use funds authorized under this title to establish or expand 
     a statewide differentiated high school improvement system 
     described in section 108.
       (2) Statewide differentiated high school improvement.--
       (A) Process of differentiation.--The State educational 
     agency shall describe a data-driven process for categorizing 
     high schools into the categories described in subparagraph 
     (B) using--
       (i) the indicators used to determine adequate yearly 
     progress; and
       (ii) data from the school performance indicators described 
     in paragraph (3).
       (B) Differentiated high school improvement categories.--The 
     State educational agency shall describe how local educational 
     agencies will use the process established under subparagraph 
     (A) to categorize the high schools in the State that do not 
     make adequate yearly progress for 2 consecutive years into 
     one of the following school improvement categories:
       (i) Schools needing targeted interventions.--High schools 
     whose performance on the school performance indicators 
     described in paragraph (3) demonstrate a need for targeted 
     interventions described in section 111(b) to improve student 
     outcomes and make adequate yearly progress.
       (ii) Schools needing whole school reforms.--High schools 
     whose performance on the school performance indicators 
     demonstrate a need for comprehensive schoolwide reform 
     described in section 111(c) to improve student outcomes and 
     make adequate yearly progress.
       (iii) Schools needing replacement.--High schools whose 
     school performance indicators demonstrate a need for 
     replacement, as described in section 111(d).
       (C) Special rule.--A State educational agency may propose 
     in the plan under this section additional levels of 
     differentiation within a particular school improvement 
     category described in subparagraph (B) to further target and 
     prioritize school needs and to align differentiation with the 
     State's existing State accountability systems.
       (D) Demonstration of development.--The State shall 
     demonstrate how the State plan was developed in consultation 
     with a representative group of local educational agencies.
       (E) Continuous improvement.--The State educational agency 
     shall describe how the State educational agency will evaluate 
     annually the progress of high schools to ensure that each 
     high school is making continuous and substantial improvement 
     in accordance with the annual growth targets described in 
     paragraph (3)(D) and consistent with the requirements 
     described in section 111.
       (F) Automatic designation.--The process of categorization 
     proposed by the State educational agency shall ensure that a 
     high school shall be automatically identified as a school in 
     need of whole school reform or as a school in need of 
     replacement, if the high school has a graduation rate of 50 
     percent or less in the most recent year for which data are 
     available.
       (3) School performance indicators.--
       (A) In general.--The State educational agency shall define, 
     in consultation with representatives from urban and rural 
     local educational agencies in the State, a comprehensive set 
     of school performance indicators that--
       (i) shall be used, in addition to the indicators used to 
     determine adequate yearly progress, to--

       (I) analyze the performance of high schools in the State;
       (II) determine the amount, intensity, and type of support 
     each high school needs; and
       (III) guide the school improvement process;

       (ii) demonstrate whether a high school is making 
     substantial and continuous progress toward the goal of 
     graduating all of the school's students prepared for success 
     in higher education and careers; and
       (iii)(I) directly measure student achievement and 
     advancement in high school; or
       (II) have been demonstrated by research to have a direct 
     impact on high school student achievement and advancement.
       (B) Categories.--
       (i) In general.--The comprehensive set of school 
     performance indicators required by subparagraph (A) shall 
     include indicators of--

       (I) high school student engagement and effort;
       (II) student advancement;
       (III) educator quality; and
       (IV) academic learning.

       (ii) Indicators of high school student engagement and 
     effort.--With respect to high school student engagement and 
     effort, the indicators--

       (I) shall include student attendance rates; and
       (II) may include--

       (aa) the percentage of student suspensions and expulsions;
       (bb) surveys of high school student engagement and effort; 
     or
       (cc) other indicators of student engagement proposed by the 
     State educational agency and approved by the Secretary as 
     part of the peer review process described in section 105(a).
       (iii) Indicators of student advancement.--With respect to 
     student achievement, the indicators--

       (I) shall include--

       (aa)(AA) student-earned on-time promotion rates from grade 
     to grade for all grades in the high school; or
       (BB) the percentage of students who have on-time credit 
     accumulation at the end of each grade; and
       (bb) the percentage of students--
       (AA) failing a core, credit-bearing, English language arts, 
     mathematics, or science course; or
       (BB) failing 2 or more courses of any type; and

       (II) may include--

       (aa) measures of enrollment, retention, persistence, and 
     degree attainment in two-year and four-year institutions of 
     higher education;

[[Page S9739]]

       (bb) measures of the employment success of students who 
     graduated from the high school; or
       (cc) other indicators of student advancement proposed by 
     the State educational agency and approved by the Secretary as 
     part of the peer review process described in section 105(a).
       (iv) Indicators of educator quality.--With respect to 
     educator quality, the indicators--

       (I) shall include--

       (aa) measures of teacher attendance, vacancies, and 
     turnover; and
       (bb) the percentage of highly qualified teachers by grade 
     level; and

       (II) may include other indicators of educator quality 
     proposed by the State educational agency and approved by the 
     Secretary as part of the peer review process described in 
     section 105(a).

       (v) Indicators of academic learning.--With respect to 
     academic learning, the indicators--

       (I) shall include--

       (aa) the percentage of students taking a college-
     preparatory curriculum, which may include the percentage of 
     students taking Advanced Placement courses, International 
     Baccalaureate courses, or postsecondary courses for dual 
     credit;
       (bb) the percentage of students reaching proficiency on the 
     State academic assessments in reading and mathematics 
     required under section 1111 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311), disaggregated by the 
     categories of students identified in section 1111(b)(2)(C)(v) 
     of such Act (20 U.S.C. 1111(b)(2)(C)(v); and
       (cc) student success on State or local educational agency 
     end-of-course examinations or performance-based assessments 
     with standardized scoring rubrics aligned to State standards, 
     where such assessments are available; and

       (II) may also include--

       (aa) student achievement on college entrance and placement 
     examinations such as the ACT or SAT, or Advanced Placement 
     examinations; or
       (bb) other indicators of academic learning proposed by the 
     State educational agency and approved by the Secretary as 
     part of the peer-review process described in section 105(a).
       (C) Demonstration of capacity to collect and report 
     indicators.--The State educational agency shall demonstrate 
     its capacity to collect, report, and use the indicators 
     defined and used to meet the requirements of subparagraph 
     (A), including through the use of a statewide longitudinal 
     data system.
       (D) Annual growth targets.--The State educational agency 
     shall set State annual growth targets that--
       (i) include a goal and a minimum percentage of expected 
     annual growth for each school performance indicator; and
       (ii) demonstrate continuous and substantial progress toward 
     the State-defined goal and making adequate yearly progress.
       (4) Demonstration of capacity to support system.--The State 
     educational agency shall demonstrate capacity to support the 
     statewide differentiated high school improvement system, 
     which shall include, at a minimum, the following:
       (A) System alignment.--
       (i) Alignment with accountability system.--The State shall 
     demonstrate an alignment of the State accountability system 
     described in section 1111(b)(2) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) and 
     the school improvement system under section 1116(b) of such 
     Act (20 U.S.C. 6316(b)) with the statewide differentiated 
     high school system described in section 108.
       (ii) Additional requirements.--The State educational agency 
     shall demonstrate, if the State's statewide differentiated 
     high school improvement system includes additional 
     requirements not required under section 108, how such 
     additional requirements will lead to improved student 
     achievement and graduation rates and system alignment.
       (iii) Strengthening and aligning policies.--The State 
     educational agency shall demonstrate how the State 
     educational agency will strengthen and align policies 
     affecting--

       (I) interventions in schools in whole school reform or 
     replacement under clause (ii) or (iii) of paragraph (2)(B);
       (II) new school development; and
       (III) implementation of effective school improvement 
     activities that address the education needs of high school 
     students who are off-track or who have dropped out.

       (B) Data systems.--The State educational agency shall 
     demonstrate the State educational agency's use and support of 
     a statewide longitudinal data system, including 
     demonstrating--
       (i) that such system exists, or is being developed, and 
     includes the elements described in section 6401(e)(2)(D) of 
     the America COMPETES Act (20 U.S.C. 9871(e)(2)(D)) and any 
     additional elements described in section 14005(d)(3) of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 283);
       (ii) a commitment to the maintenance and growth of such 
     system;
       (iii) State policies that ensure the protection of 
     personally identifiable information in such system and 
     authorize such system to collect, share, and link data from 
     multiple systems for the purposes of evaluations and 
     continuous improvement;
       (iv) governance structures to guide the collection, sharing 
     and use of the data in such system; and
       (v) that such system includes linkages between kindergarten 
     through grade 12 data systems with early learning, 
     postsecondary education, workforce, social services and other 
     critical State agency data systems in order to achieve 
     interoperability with systems in other States.
       (C) Capacity and technical assistance.--The State 
     educational agency shall demonstrate how it will support the 
     statewide differentiated high school improvement system, 
     including--
       (i) a description of the statewide system of support, 
     including regional support services and how schools 
     identified under this Act can utilize such supports to 
     improve teaching, learning, and student outcomes;
       (ii) a description of how the State educational agency will 
     review, support, monitor, and provide technical support for 
     local educational agency plans in accordance with paragraph 
     (5);
       (iii) a description of the State educational agency 
     staffing structure that is designed to--

       (I) carry out the activities described in clause (ii);
       (II) assist local educational agency school improvement 
     teams described in section 110(b)(2), including supporting 
     local educational agencies and school officials in developing 
     and implementing school improvement plans, including though 
     the provision of resources, training and technical 
     assistance; and
       (III) coordinate services across other State agencies to 
     streamline and improve support provided to schools identified 
     as needing targeted intervention, whole school reform, or 
     replacement under paragraph (2)(B);

       (iv) a description of how the State educational agency will 
     develop and identify school improvement planning tools for 
     use by the local educational agencies and schools, such as 
     needs assessments; and
       (v) a description of how the State educational agency will 
     ensure local educational agencies with high numbers of 
     schools in whole school reform and replacement and such 
     schools will be prioritized and targeted with support.
       (D) Increasing local capacity for improvement.--The State 
     educational agency shall demonstrate how the State 
     educational agency will align its resources and policies to 
     increase State and local capacity to ensure comprehensive 
     support for schools identified as needing targeted 
     intervention, whole school reform, or replacement under 
     paragraph (2)(B), including how the State educational agency 
     will--
       (i) target resources, including resources from additional 
     funding sources, to improve teacher and principal 
     effectiveness in such schools including using data for 
     decision-making;
       (ii) leverage resources from other funding sources, such as 
     school improvement funds, technology and data funds, and 
     professional development funds;
       (iii) provide local educational agencies with support in 
     finding and utilizing secondary school reform partners and 
     other external partners;
       (iv) increase access to State and regional technical 
     assistance services;
       (v) ensure an equitable distribution of teachers and 
     principals with a demonstrated record of improving student 
     achievement and graduation rates among the schools in the 
     State that are identified for targeted intervention, whole 
     school reform, or replacement under paragraph (2)(B), 
     particularly those schools in whole school reform or 
     replacement, as compared to schools not identified under 
     paragraph (2)(B);
       (vi) ensure access to substantially equal educational 
     funding (for each student in the State), such as through 
     addressing per pupil expenditures or inter-district funding 
     disparities;
       (vii) support the development of effective school leaders 
     for high schools identified for targeted intervention, whole 
     school reform, or replacement under paragraph (2)(B);
       (viii) assist local educational agencies in developing 
     early warning indicator systems described in section 
     110(b)(6)(A); and
       (ix) assist local educational agencies in developing 
     education options as described in section 110(b)(6)(B).
       (5) State review of local educational agency plans.--
       (A) Review local educational agency plans.--The State 
     educational agency shall describe how the State educational 
     agency will collect and review high school improvement plans 
     described in section 110(b)(4), including a description of--
       (i) how the State educational agency will measure and 
     ensure local educational agencies have the capacity to carry 
     out such high school improvement plans;
       (ii) how a local educational agency may propose additional 
     levels of differentiation within a particular school 
     improvement category described in paragraph (2)(B) that are 
     aligned with the State accountability system under section 
     1111(b)(2) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311(b)(2)) and the local educational 
     agency's school improvement system under section 1116(b) of 
     such Act (20 U.S.C. 6136(b)) existing as of the time of the 
     plan;

[[Page S9740]]

       (iii) how the State educational agency will allow consortia 
     of local educational agencies, particularly those in rural 
     areas, to collaborate to develop and implement school 
     improvement plans;
       (iv) how the State educational agency will review plans 
     with the assistance and advice of a peer review panel that 
     includes educators and individuals who are experts in--

       (I) educational standards, assessments, and accountability;
       (II) high school improvement;
       (III) dropout prevention, intervention, and recovery;
       (IV) parental involvement; and
       (V) other educational needs of high school students;

       (v) how the State, in consultation with the peer review 
     panel, shall ensure the local educational agency has 
     identified the school improvement category described in 
     section 106(b)(2) for each high school served by the local 
     educational agency that did not make adequate yearly progress 
     for 2 consecutive years in such a way that accurately 
     identifies the high school and leads to the implementation of 
     the interventions necessary to meet student needs;
       (vi) how the State will provide local educational agencies 
     the opportunity to revise high school improvement plans, 
     including, if the State educational agency, in consultation 
     with the peer review panel described in clause (iv), 
     determines that the local educational agency's plan does not 
     meet the requirements of this title--

       (I) immediately notifying the local educational agency of 
     such determination and the reasons for such determination; 
     and
       (II) offering the local educational agency an opportunity 
     to revise the plan, and technical assistance for revising the 
     plan; and

       (vii) how the State will make the school improvement plans 
     available to the public.
       (B) Allocation of subgrants.--The State educational agency 
     shall describe how it will award subgrants to local 
     educational agencies consistent with section 109.
       (C) Monitoring of school improvement plans.--The State 
     educational agency shall describe how the State educational 
     agency will review and monitor the implementation of high 
     school improvement plans, including how the State will 
     analyze the implementation of the high school improvement 
     plans of high schools that do not meet the annual growth 
     targets set in accordance with paragraph (3)(D) and defined 
     in the school improvement plan described in section 
     110(b)(4).
       (D) Providing technical assistance.--The State educational 
     agency shall describe how it will provide technical 
     assistance to local educational agencies and high schools 
     that need support to develop and to implement high school 
     improvement plans described in section 110(b)(4) and improve 
     graduation rates and student achievement, including through 
     the use of secondary school reform partners, where 
     appropriate.
       (6) Evaluation of success.--The State educational agency 
     shall describe how, every 5 years, the State educational 
     agency will evaluate how the activities assisted under this 
     title have been successful in improving student achievement 
     and outcomes of the cohort of students whose year of entry 
     into high school was 4 years before the evaluation, including 
     measurement of the State educational agency's effectiveness 
     in carrying out the activities described in the application 
     under this subsection.

     SEC. 107. USE OF GRANT FUNDS.

       A State educational agency that receives a grant under this 
     title--
       (1) shall reserve not more than 10 percent of the grant 
     funds--
       (A) to carry out the activities described in the State plan 
     under section 106; and
       (B) to establish or expand a statewide differentiated high 
     school improvement system described in section 108; and
       (2) shall use not less than 90 percent of the grant funds 
     to make subgrants to local educational agencies in accordance 
     with section 109.

     SEC. 108. STATEWIDE DIFFERENTIATED HIGH SCHOOL IMPROVEMENT 
                   SYSTEM.

       A Statewide differentiated high school improvement system 
     shall be designed by the State educational agency to--
       (1) use data to identify high schools for whole school 
     reform or replacement, as described in clause (ii) or (iii) 
     of section 106(b)(2)(B), within the State;
       (2) differentiate school improvement actions under section 
     106(b)(2) based on the amount and type of supports necessary 
     to improve student achievement and graduation rates in high 
     schools within the State;
       (3) provide resources to support the evidence-based 
     activities that school improvement teams choose, based on 
     school performance data, to carry out under section 111;
       (4) target resources and support to those high schools in 
     the State that are identified for whole school reform and 
     replacement;
       (5) ensure that each high school identified for targeted 
     intervention, whole school reform, or replacement that is 
     making progress on the State's school performance indicators 
     described in section 106(b)(3)) continues to implement 
     effective school improvement strategies identified in the 
     high school's school improvement plan;
       (6) ensure that high schools identified for whole school 
     reform or replacement making progress on the State's school 
     performance indicators have the resources and supports 
     necessary to improve high school graduation rates and student 
     achievement;
       (7) build the capacity of the State educational agency and 
     local educational agencies to assist in improving student 
     achievement and graduation rates in high schools identified 
     for whole school reform and replacement; and
       (8) ensure that high schools identified for whole school 
     reform and replacement making progress on school performance 
     indicators continue to have the resources and support 
     necessary to further improve high school graduation rates and 
     student achievement.

     SEC. 109. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

       (a) Award Basis.--
       (1) Priority of whole school reform and replacement.--In 
     awarding subgrants under this section, a State educational 
     agency shall--
       (A) before awarding any subgrants to local educational 
     agencies serving high schools identified for targeted 
     intervention under section 106(b)(2), award subgrants to, on 
     a competitive basis, local educational agencies serving high 
     schools identified as needing whole school reform and 
     replacement; and
       (B) ensure that each subgrant awarded to a local 
     educational agency provides funding adequate to fulfill the 
     school improvement needs outlined in the local educational 
     agency's school plan, as approved by the State educational 
     agency.
       (2) Targeted interventions.--If subgrant funds remain after 
     the application of subsection (a), then the State educational 
     agency shall award remaining subgrant funds to local 
     educational agencies serving high schools needing targeted 
     interventions.
       (3) Competitive basis.--A State educational agency that 
     receives a grant under this title shall award subgrants, in 
     accordance with subsections (a) and (b), to local educational 
     agencies on the basis of--
       (A) the quality of the school improvement plan to improve 
     student graduation rates and student achievement in high 
     schools that have not made adequate yearly progress for 2 
     consecutive years;
       (B) the capacity of the local educational agency to 
     implement the plan; and
       (C) the need of the local educational agency, based on 
     student high school graduation rates and the percentage of 
     students from families with incomes below the poverty line.
       (b) Application.--
       (1) In general.--To be eligible to receive a subgrant under 
     this title, a local educational agency shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing such information as the State 
     educational agency may reasonably require.
       (2) Contents.--Each application submitted under this 
     subsection shall include--
       (A) a description, for each high school identified pursuant 
     to section 110(b)(1), of how the local educational agency 
     will carry out activities described in section 111 for the 
     high school;
       (B) a description of the local educational agency staffing 
     structure that is designed to--
       (i) carry out the activities described in section 110(a);
       (ii) assist school improvement teams, including supporting 
     local educational agency and school officials in developing 
     and implementing high school improvement plans, by providing 
     resources, training, and technical assistance, and through 
     other means; and
       (iii) coordinate services across other governmental 
     agencies and nongovernmental organizations to streamline and 
     improve support provided to schools identified for a school 
     improvement category described in section 106(b)(2);
       (C) a description of the policies and procedures the local 
     educational agency shall implement to ensure the distribution 
     and assignment of high-quality teachers and leaders in a 
     manner that first fulfills the needs of the schools 
     identified as needing targeted intervention, whole school 
     reform, or replacement;
       (D) an assurance that the local educational agency will use 
     subgrant funds under this title first to meet the needs of 
     high schools served by the local educational agency that are 
     identified for whole school reform or replacement under 
     clause (ii) or (iii) of section 106(b)(2);
       (E) an assurance that the local educational agency shall 
     provide ongoing support and resources to high schools 
     identified for whole school reform or replacement, and are 
     making progress on the State's school performance indicators 
     described in section 106(b)(3), to ensure continued 
     improvement;
       (F) a description of how the local educational agency will 
     increase its capacity to improve high schools with low 
     student achievement and graduation rates; and
       (G) an assurance that the local educational agency will 
     conduct the capacity and needs assessment required under 
     subsection (b)(9) and provide the results of the assessment 
     to the State educational agency and the Secretary.
       (3) Use of data.--The local educational agency shall 
     describe how data will be used, consistent with the 
     requirements of this section, to inform the classification of 
     high schools, and development and implementation of school 
     improvement plans, including that data described in section 
     110(b)(1)(A).
       (c) Supplement, Not Supplant.--A local educational agency 
     that receives a subgrant under this section shall use the 
     subgrant funds to supplement, and not supplant, other Federal 
     and non-Federal funds available for high schools served by 
     the local educational agency.

[[Page S9741]]

       (d) Matching Funds.--
       (1) In general.--A local educational agency receiving a 
     subgrant under this section shall provide matching funds, 
     from non-Federal sources, in an amount equal to not less than 
     15 percent of the total subgrant award for the local 
     educational agency, which may be provided in cash or in-kind.
       (2) Use of matching funds.--The matching funds shall be 
     used to provide technical assistance to high schools served 
     by the local educational agency in--
       (A) developing the high schools' high school improvement 
     plans described in section 110(b)(4);
       (B) conducting the capacity and needs assessments described 
     in section 110(b)(9); and
       (C) implementing and monitoring the implementation of the 
     high school improvement plans.
       (3) Waiver.--The Secretary may waive all or part of the 
     matching requirement described in paragraph (1) for any 
     fiscal year for a local educational agency if the Secretary 
     determines that applying the matching requirement to such 
     local educational agency would result in serious hardship or 
     an inability to carry out the authorized activities described 
     in section 111.

     SEC. 110. LOCAL EDUCATIONAL AGENCY IMPLEMENTATION OF SCHOOL 
                   IMPROVEMENT SYSTEM.

       (a) District-Wide High School Improvement.--A local 
     educational agency that receives a subgrant under section 109 
     shall use subgrant funds to develop, lead, and implement a 
     district-wide approach to high school improvement that meets 
     the requirements of subsection (b) and carry out the 
     activities described in section 111.
       (b) System Requirements.--
       (1) Differentiate high schools.--The local educational 
     agency shall--
       (A) identify the category of high school improvement, as 
     described in section 106(b)(2), using data from the school 
     performance indicators as prescribed by the State educational 
     agency in accordance with section 106(b), for each high 
     school served by such agency that does not make adequate 
     yearly progress for 2 consecutive years; and
       (B) publicly identify such schools by school improvement 
     category.
       (2) School improvement teams.--
       (A) In general.--The local educational agency shall convene 
     a school improvement team for each high school served by such 
     agency that is assigned to one of the school improvement 
     categories described in section 106(b)(2).
       (B) Members.--
       (i) Mandatory members.--The school improvement team for a 
     high school shall include--

       (I) the principal of the high school;
       (II) at least 2 teachers from the high school representing 
     different grade levels or disciplines; and
       (III) local educational agency staff.

       (ii) Additional members.--The school improvement team for a 
     high school shall include at least one of the following:

       (I) A parent of a student in the high school.
       (II) A community representative, such as a representative 
     of nonprofit organizations serving young people and the 
     business community.
       (III) A pupil service representative.
       (IV) In the case of a school in whole school reform or 
     replacement, secondary school reform partners.

       (iii) Optional members.--The school improvement team for a 
     high school may include State educational agency staff, if 
     requested by the local educational agency or assigned by the 
     State educational agency.
       (C) Collaboration.--The local educational agency shall 
     ensure collaboration--
       (i) of school improvement teams with personnel of middle 
     grades schools served by the local educational agency whose 
     students will attend high schools that are identified for one 
     of the categories described in section 106(b)(2), to the 
     extent appropriate; and
       (ii) among or between school improvement teams at schools 
     assigned to one of the school improvement categories and 
     school leadership and other personnel at schools served by 
     the local educational agency that have made adequate yearly 
     progress.
       (3) Use of data.--Consistent with the requirements of this 
     section, the local educational agency shall use, at minimum, 
     data on the following to inform the classification of high 
     schools:
       (A) School performance indicators described in section 
     106(b)(3).
       (B) Indicators used to determine adequate yearly progress.
       (C) Information about incoming students in the initial 
     grade of the high school.
       (D) Information about the student population, including 
     data provided through the early warning indicator system 
     described in paragraph (6)(A).
       (E) The schools' capacity and needs, as described in 
     paragraph (9).
       (4) Develop high school improvement plans.--The school 
     improvement team convened under paragraph (2) for each school 
     shall use the data described in paragraph (3), and other 
     relevant data and knowledge regarding the school, to develop 
     a multiyear school improvement plan. Such plan shall--
       (A) identify the school annual growth targets for the 
     State's school performance indicators described in section 
     106(b)(3) that meet or exceed the State's annual growth 
     targets described in such section;
       (B) define the evidence-based academic and nonacademic 
     interventions and resources necessary to meet the school 
     annual growth targets and make adequate yearly progress;
       (C) identify the roles of the State educational agency, the 
     local educational agency, the school, and secondary school 
     reform partners and other external partners, as appropriate, 
     in providing such interventions and the resources necessary 
     to meet the school annual growth targets and make adequate 
     yearly progress;
       (D) provide for the involvement of business and community 
     organizations and other entities, including parents and 
     institutions of higher education, in the activities to be 
     assisted under the subgrant;
       (E) describe and direct the use of--
       (i) any additional funding to be provided by the State 
     educational agency, the local educational agency, or other 
     sources to support activities carried out under this title; 
     and
       (ii) in the case of a high school identified for whole 
     school reform or replacement, secondary school reform 
     partners and external partners.
       (5) Implement high school improvement.--The local 
     educational agency shall use funds to--
       (A) engage in a planning period of not longer than 180 days 
     to prepare to implement the school improvement plan for each 
     high school, including preparation activities such as--
       (i) creating a skilled leadership team and providing 
     professional development in best practice and successful 
     school models that educate similar student populations;
       (ii) working with secondary school reform partners to 
     identify roles and responsibilities to create a comprehensive 
     approach and effort to implementing the school improvement 
     plan for each school identified for targeted intervention, 
     whole school improvement, or replacement;
       (iii) planning and providing professional development to 
     high school teachers in instruction, use of data, and working 
     in the identified schools;
       (iv) appropriately identifying teachers for each grade and 
     course;
       (v) establishing and implementing use of the early warning 
     indicator system described in paragraph (6)(A); and
       (vi) establishing a school schedule that enables the 
     implementation of the high school improvement plan; and
       (B) ensure the implementation of the high school 
     improvement plans for the high schools identified for one of 
     the categories described in section 106(b)(2).
       (6) Implement district-wide activities.--The local 
     educational agency shall support successful implementation of 
     high school improvement plans and district-wide improvement 
     through--
       (A) establishing an early warning indicator system to 
     identify students who are at risk of dropping out of high 
     school and to guide preventive and recuperative school 
     improvement strategies, including--
       (i) identifying and analyzing the academic risk factors 
     that most reliably predict dropouts, such as by using 
     longitudinal data of past cohorts of students;
       (ii) identifying specific indicators of student progress 
     and performance, such as attendance, academic performance in 
     core courses, and credit accumulation, to guide 
     decisionmaking;
       (iii) identifying or developing a mechanism for regularly 
     collecting and analyzing data about the impact of 
     interventions on the indicators of student progress and 
     performance; and
       (iv) analyzing academic indicators to determine whether 
     students are on track to graduate secondary school in the 
     standard number of years;
       (B) providing academically rigorous education options that 
     lead to a secondary school diploma consistent with readiness 
     for postsecondary education and the workforce, based on an 
     analysis of data described in paragraph (3) and other 
     student-level data and designed to meet the students' needs 
     and interests, such as--
       (i) effective research-based dropout prevention, credit and 
     dropout recovery, and recuperative education programs for 
     students who are not making sufficient progress to graduate 
     high school in the standard number of years or have dropped 
     out of high school;
       (ii) providing students with post-secondary learning 
     opportunities, such as through access to a relevant 
     curriculum or course of study that enables a student to earn 
     a secondary school diploma and--

       (I) an associate's degree; or
       (II) not more than 2 years of transferable credit toward a 
     postsecondary degree or credential;

       (iii) combining rigorous academic education with career 
     training, including training that leads to postsecondary 
     credentials, for students;
       (iv) increasing access to Advanced Placement or 
     International Baccalaureate courses and examinations; or
       (v) developing and utilizing innovative, high quality 
     distance learning strategies to improve student academic 
     achievement;
       (C) providing targeted research-based interventions for 
     middle schools that feed into the high schools identified by 
     the local educational agency as needing whole school reform 
     or replacement;
       (D) identifying and implement strategies for pairing 
     academic support with integrated student services and case-
     managed interventions for students requiring intensive 
     supports, which may include partnership with other external 
     partners;

[[Page S9742]]

       (E) providing technical assistance to high schools 
     identified for 1 of the categories described in section 
     106(b)(2) through--
       (i) streamlining and prioritizing resources to organize 
     support for schools in whole school reform or replacement, 
     such as through identifying and developing categories or 
     clusters of schools with similar school improvement needs; 
     and
       (ii) assisting schools in identifying secondary school 
     reform partners and other external partners; and
       (F) supporting the use of data to improve teaching and 
     learning, including--
       (i) improving longitudinal student data systems;
       (ii) regularly analyzing and communicating data to 
     educators, parents, and students that they can use; and
       (iii) building principals' and teachers' data and 
     assessment literacy.
       (7) Ensure continuous high school improvement.--
       (A) In general.--The local educational agency shall ensure 
     the continuous improvement of high schools by--
       (i) evaluating the progress of each high school in making 
     continuous and substantial progress based on the high 
     school's annual growth targets identified under paragraph (4) 
     for the school; and
       (ii) determining the high school's progress and taking 
     appropriate actions, as provided in subparagraphs (B) and 
     (C).
       (B) On track.--Each high school that is meeting the 
     school's annual growth targets identified in the high school 
     improvement plan for the high school, shall continue to 
     implement school improvement activities in accordance with 
     the high school improvement plan.
       (C) Not on track.--
       (i) Annual review.--For each high school that is not 
     meeting the high school's annual growth targets, the local 
     educational agency shall--

       (I) after the first year that the high school fails to meet 
     the high school's annual growth targets, review the high 
     school improvement plan and develop and implement a new plan; 
     and
       (II) after the high school fails to meet the high school's 
     annual growth targets for 2 or more consecutive years, 
     reclassify the school as a school in need of whole school 
     reform or replacement, as appropriate based on the State 
     educational agency's categorization system described in 
     section 106(b)(2).

       (ii) Resubmission of school plan.--For each high school 
     that fails to meet the high school's annual growth targets 
     for 2 or more consecutive years, the local educational agency 
     may develop and submit to the State educational agency for 
     review a new school improvement plan, as the local 
     educational agency determines appropriate.
       (8) Assurances.--The local educational agency shall ensure 
     that high schools receiving additional students due to other 
     high schools being replaced under subsection (c) will have 
     sufficient capacity, resources, and funding to deliver a high 
     quality education to all students.
       (9) Capacity and needs assessment.--
       (A) In general.--Each school improvement team described in 
     subsection (b)(2) and the local educational agency shall 
     conduct a high school capacity and needs assessment for the 
     high school served by the team that includes--
       (i) a description and analysis of the high school's 
     capacity to implement the school improvement activities 
     identified in the high school improvement plan, including an 
     analysis of--

       (I) the number, experience, training level, 
     responsibilities, and stability of existing administrative, 
     instructional, and noninstructional staff for the high 
     school; and
       (II) a review of the budget, including how Federal, State, 
     and local funds are being spent, as of the time of the 
     assessment, for instruction and operations at the school 
     level for staff salaries, instructional materials, 
     professional development, and student support services, in 
     order to establish the extent to which existing resources 
     need to and can be reallocated to support the needed school 
     improvement activities;

       (ii) additional resources and staff necessary to implement 
     the school improvement activities identified in the high 
     school improvement plan; and
       (iii) an analysis of the local educational agency's 
     capacity to provide technical assistance, additional staff, 
     and resources to implement the high school improvement plan 
     and to improve the high school's performance.
       (B) Assessment requirements.--A local educational agency 
     shall use the information provided in the capacity and needs 
     assessment for a high school, in coordination with the high 
     school's school improvement plan and the understanding of the 
     reform history of high schools, to--
       (i) determine the level and direct the use of--

       (I) the funds requested by the local educational agency for 
     the high school under the subgrant under this section; and
       (II) any additional funding to be provided by the State 
     educational agency, the local educational agency, or other 
     sources; and

       (ii) to determine the number and direct the use of 
     secondary school reform partners and external partners.
       (C) Technical assistance.--A local educational agency may 
     request technical assistance from the State educational 
     agency in preparing the plan and the capacity and needs 
     assessment required under this paragraph.
       (c) Authority to Intervene.--The State educational agency 
     may intervene to develop or implement the high school 
     improvement plans, or enter into contracts with secondary 
     school reform partners to assist local educational agencies 
     with the development and implementation of high school 
     improvement plans, if the State educational agency determines 
     that--
       (1) a local educational agency serving a high school in 
     whole school reform or replacement has not submitted an 
     application described in section 109(b); or
       (2) a local educational agency does not have the capacity 
     to implement the school improvement activities described in 
     the school improvement plan submitted under subsection 
     (b)(4).

     SEC. 111. SCHOOL IMPROVEMENT ACTIVITIES.

       (a) In General.--The school improvement team described in 
     section 110(b)(2) for each high school identified for a 
     school improvement category described in section 106(b)(2) 
     shall ensure that the school improvement activities included 
     in the school improvement plan are implemented.
       (b) Targeted Interventions.--A high school identified for 
     targeted interventions under section 110(b)(1) or the local 
     educational agency serving such high school, shall implement 
     research-based targeted interventions, using data from the 
     school performance indicators, the early warning indicator 
     system, other student indicators, and the capacity and needs 
     assessment for the high school. The targeted interventions 
     shall be designed, at a minimum, to address the specific 
     problems identified by the indicators, including the needs of 
     students who are not making sufficient progress to graduate 
     in the standard number of years.
       (c) Whole School Reform.--The local educational agency or 
     State educational agency, with technical assistance from 
     secondary school reform partners, shall enable and assist 
     each school identified as needing whole school reform 
     pursuant to section 110(b)(1) to implement whole school 
     reform based on scientifically valid research using the data 
     described in section 110(b)(3). Such reform--
       (1) shall address the comprehensive aspects of high school 
     reform, including--
       (A) schoolwide needs;
       (B) students who need targeted assistance; and
       (C) students who need intensive interventions, including 
     those who are not making sufficient progress to graduate on 
     time;
       (2) shall address schoolwide factors to improve student 
     achievement, including--
       (A) setting high expectations and infusing relevance into 
     learning for all students;
       (B) personalizing the high school experience; and
       (C) improving school climate, including student attendance 
     and behavior;
       (3) shall include activities that--
       (A) ensure continuous improvement by--
       (i) ensuring the school improvement plan is supported to 
     the extent practicable by all school staff;
       (ii) establishing clear--

       (I) goals and growth targets for implementation outcomes; 
     and
       (II) school annual growth targets; and

       (iii) regularly evaluating implementation of and fidelity 
     to the high school improvement plan, such as dedicating a 
     staff member to support implementation of the school 
     improvement plan;
       (B) organize the school to improve teaching and learning, 
     including through--
       (i) strategic use of time, such as--

       (I) establishing common planning time for subject area 
     teachers and interdisciplinary teams who share common groups 
     of students;
       (II) utilizing block scheduling or redesigning the school 
     calendar year or day to create extended learning time in core 
     subjects; or
       (III) creating a flexible school period to address specific 
     student academic needs and interests such as credit recovery, 
     electives, or service learning;

       (ii) alignment of resources to improvement goals, such as 
     through ensuring that students in their initial year in the 
     high school are taught by teachers prepared to meet their 
     specific learning needs; and
       (iii) development of effective leadership structures, 
     supports, and clear decision-making processes, such as 
     through developing distributive leadership and leadership 
     teams;
       (C) improve curriculum and instruction, including through--
       (i) increasing access to rigorous and advanced coursework, 
     including adoption and implementation of a college- and work-
     ready curriculum, and evidence-based, engaging instructional 
     materials aligned with such a curriculum, for all students;
       (ii) increasing access to contextualized learning 
     opportunities aligned with readiness for postsecondary 
     education and the workforce, such as--

       (I) providing work-based, project-based, and service-
     learning opportunities; or
       (II) providing a high quality, college preparatory 
     curriculum in the context of a rigorous career and technical 
     education core;

       (iii) regularly collecting and using data to inform 
     instruction, such as--

       (I) through use of formative assessments;
       (II) creating and using common grading rubrics; or
       (III) identifying effective instructional approaches to 
     meet student needs; and

       (iv) emphasizing core skills instruction, such as literacy, 
     across content areas;

[[Page S9743]]

       (D) provide students with academic and social support to 
     address individual student learning needs, including 
     through--
       (i) increasing personalization through learning structures 
     that facilitate the development of student and staff 
     relationships such as--

       (I) implementing grade 9 academies or thematic smaller 
     learning communities;
       (II) establishing teams of teachers who work exclusively 
     with small groups of students; or
       (III) creating advisor positions to provide students with 
     study, organizational, and social skills;

       (ii) offering extended-learning, credit recovery, 
     mentoring, or tutoring options of sufficient scale to meet 
     student needs;
       (iii) providing evidence-based accelerated learning for 
     students with academic skill levels below grade level;
       (iv) coordinating and increasing access to integrated 
     services, such as providing additional counselors, social 
     workers, and behavior and mental health providers to deliver 
     such services; and
       (v) providing graduation and postsecondary planning and 
     transition supports, including college awareness and 
     planning;
       (E) increase teacher and school leader effectiveness, 
     including through--
       (i) professional development activities that respond to 
     student and schoolwide needs as identified through the data 
     described in section 110(b)(3), such as--

       (I) training teachers, leaders, and administrators together 
     with staff from high schools making adequate yearly progress 
     that serve similar populations and in such schools; and
       (II) establishing peer learning and coaching among 
     teachers; and

       (ii) facilitating collaboration, including through 
     professional communities across subject area and 
     interdisciplinary groups and similar high schools; and
       (F) engage families and community partners, including 
     community-based organizations, organizations assisting parent 
     involvement, institutions of higher education, and industry, 
     in school improvement activities through evidence-based 
     strategies; and
       (4) may include--
       (A) providing enabling policies, such as additional 
     flexibility regarding staffing and compensation, budgeting, 
     student credit attainment, or use of school time, that 
     support the implementation of effective school improvement 
     activities and educational options;
       (B) implementing multiple school options or effective 
     school models that address the needs of students who are not 
     making sufficient progress to graduate in the standard number 
     of years or have dropped out of high school, as informed by 
     analysis of school performance indicator data described in 
     section 106(b)(3) and early warning indicator system data 
     described in section 110(b)(6)(A); and
       (C) other activities designed to address whole school 
     needs, such as implementing a comprehensive reform model for 
     the high school.
       (d) Replacement.--The local educational agency, in 
     consultation with the State educational agency, secondary 
     school reform partners, and external partners, shall replace 
     each high school that, using data under section 110(b)(3), is 
     identified for replacement pursuant to section 110(b)(1). The 
     local educational agency shall ensure successful 
     implementation of the replacement strategy through--
       (1) closing and reopening the schools or implementing 
     multiple school options or effective school models that 
     address the needs of students in the replaced schools, 
     including students who are not making sufficient progress to 
     graduate in the standard number of years or have dropped out 
     of high school;
       (2) providing enabling policies, such as additional 
     flexibility regarding staffing and compensation, budgeting, 
     or use of school time; and
       (3) implementing activities described in subsection (c).

     SEC. 112. EVALUATION AND REPORTING.

       (a) Local Educational Agency Reporting.--On an annual 
     basis, each local educational agency receiving a subgrant 
     under section 109 shall report to the State educational 
     agency and to the public on--
       (1) the identified category of school improvement for each 
     high school in the school that failed to make adequate yearly 
     progress for the most recent 2 consecutive years;
       (2) the school performance indicators (as described in 
     section 106(b)(3)) for each such high school, in the 
     aggregate and disaggregated by the subgroups described in 
     section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II));
       (3) each such high school's progress in meeting the high 
     school's annual growth targets under section 110(b)(4)(A); 
     and
       (4) the use of funds by the local educational agency and 
     each such school.
       (b) State Educational Agency Reporting.--On an annual 
     basis, each State educational agency receiving a grant under 
     this title shall prepare and submit to the Secretary, and 
     make available to the public, a report on--
       (1) the school performance indicators (as described in 
     section 106(b)(3)) for each high school served by the State 
     educational agency that receives assistance under this title, 
     in the aggregate and disaggregated by the subgroups described 
     in section 1111(b)(2)(C)(v)(II) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(v)(II));
       (2) progress in meeting the annual growth targets under 
     section 110(b)(4)(A) for each such high school;
       (3) the high schools in the State that have changed school 
     improvement categories pursuant to section 110(b)(7);
       (4) the use of funds by each local educational agency and 
     each school served with such funds;
       (5) the State definition of a new school, for purposes of 
     whole school reform or replacement;
       (6) the number of schools closed for each local educational 
     agency in the State;
       (7) the number of new schools for each local educational 
     agency in the State; and
       (8) the new schools in the State that have made adequate 
     yearly progress.
       (c) Report to Congress.--Every 2 years, the Secretary shall 
     prepare and submit to Congress and make available to the 
     public--
       (1) a summary of the State reports under subsection (b); 
     and
       (2) a report on the use of funds by each State under this 
     title.

     SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out the 
     activities authorized under this title, $2,440,000,000 for 
     fiscal year 2011 and each of the 4 succeeding fiscal years.

            TITLE II--DEVELOPMENT OF EFFECTIVE SCHOOL MODELS

     SEC. 201. PURPOSES.

       The purposes of this title are--
       (1) to facilitate the development and implementation of 
     effective secondary school models for struggling students and 
     dropouts in order to raise secondary school graduation rates 
     and more effectively prepare students for postsecondary 
     education and the workforce; and
       (2) to build the capacity of State educational agencies, 
     local educational agencies, nonprofit organizations, and 
     institutions of higher education to implement effective 
     secondary school models for struggling students and dropouts.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Dropout.--The term ``dropout'' means an individual 
     who--
       (A) is not older than 21;
       (B) is not attending any school; and
       (C) has not received a secondary school diploma or its 
     recognized equivalent.
       (2) Effective school model.--The term ``effective school 
     model'' means--
       (A) an existing secondary school model with demonstrated 
     effectiveness in improving student academic achievement and 
     outcomes for off-track students or dropouts; or
       (B) a proposed new secondary school model design that is 
     based on research-based organizational and instructional 
     practices for improving student academic achievement and 
     outcomes for struggling students or dropouts.
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) a local educational agency, nonprofit organization, or 
     institution of higher education--
       (i) that proposes to enhance or expand an existing 
     effective school model for off-track students or dropouts; or
       (ii) that has a track record of serving struggling students 
     or dropouts and proposes to develop a new effective school 
     model for off-track students or dropouts; or
       (B) a partnership involving 2 or more entities described in 
     subparagraph (A).
       (4) Late entrant english language learner.--The term ``late 
     entrant English language learner'' means a high school 
     student who--
       (A) enters a school served by a local educational agency at 
     grade 9 or higher; and
       (B) is identified by the local educational agency as being 
     limited English proficient and as having experienced 
     interrupted formal education.
       (5) Struggling student.--The term ``struggling student''--
       (A) means a high school-aged student who is not making 
     sufficient progress toward graduating from secondary school 
     with a regular diploma in the standard number of years; and
       (B) includes a student who--
       (i) has been retained in grade level;
       (ii) is an undercredited student; or
       (iii) is a late entrant English language learner.
       (6) Undercredited student.--The term ``undercredited 
     student'' means a high school student who lacks either the 
     necessary credits or courses, as determined by the relevant 
     local educational agency and State educational agency, to 
     graduate from secondary school with a regular diploma in the 
     standard number of years.

     SEC. 203. GRANTS AUTHORIZED.

       (a) In General.--The Secretary is authorized to award 
     grants, on a competitive basis, to eligible entities to 
     enable the eligible entities to develop and implement, or 
     replicate, effective school models for struggling students 
     and dropouts.
       (b) Period of Grant.--A grant awarded under this section 
     shall be for a period of 5 years.

     SEC. 204. APPLICATION.

       (a) In General.--Each eligible entity desiring a grant 
     under this title shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     as the Secretary may require.
       (b) Contents.--Each application submitted under this 
     section shall include a description of--

[[Page S9744]]

       (1) how the eligible entity will carry out the mandatory 
     activities under section 206(a);
       (2) the research or evidence concerning the effective 
     school model that the eligible entity proposes to develop and 
     implement or replicate, including--
       (A) for an existing effective school model described in 
     section 202(2)(A), the evidence that the model has improved 
     academic outcomes for struggling students or dropouts; or
       (B) for a proposed effective school model described in 
     section 202(2)(B), the research that supports the key 
     organizational and instructional practices of the proposed 
     effective school model;
       (3) the eligible entity's school design elements and 
     principles that will be used in the effective school model, 
     including--
       (A) the academic program;
       (B) the instructional practices;
       (C) the methods of assessment; and
       (D) student supports and services, such as the supports and 
     services provided by the school or offered by other 
     organizations and agencies in the community, to support 
     positive student academic achievement and outcomes;
       (4) how the eligible entity will use student data from the 
     local educational agency or State educational agency to 
     evaluate and improve academic outcomes for struggling 
     students or dropouts;
       (5) for each school in which the eligible entity implements 
     or replicates an effective school model under this title, how 
     the eligibility entity will sustain the implementation or 
     replication of the effective school model, including the 
     financing mechanism to be used;
       (6) how the eligible entity will collect data and 
     information to assess the performance of the effective school 
     model and will make necessary adjustments to ensure 
     continuous and substantial improvement in student academic 
     achievement and outcomes; and
       (7) how the eligible entity will make the performance data 
     available to State educational agencies, local educational 
     agencies, and schools serving struggling students or 
     dropouts.

     SEC. 205. SECRETARIAL PEER REVIEW AND APPROVAL.

       The Secretary shall--
       (1) establish a peer-review process to assist in the review 
     and approval of applications submitted by eligible entities 
     under section 204; and
       (2) appoint individuals to the peer-review process who are 
     experts in high school reform, dropout prevention and 
     recovery, new school development for struggling students and 
     dropouts, and adolescent and academic development.

     SEC. 206. USE OF FUNDS.

       (a) Mandatory Use of Funds.--An eligible entity receiving a 
     grant under this title shall use grant funds to--
       (1) enhance and expand, or replicate an existing effective 
     school model described in section 202(2)(A), or develop a 
     proposed effective school model described in section 
     202(2)(B), for struggling students and dropouts;
       (2) assess the progress of the implementation or 
     replication of the effective school model and make necessary 
     adjustments to ensure continuous improvement;
       (3) provide opportunities for professional development 
     associated with the continuous improvement and implementation 
     or replication of the effective school model;
       (4) collect data and information on the school model's 
     effectiveness in improving student academic achievement and 
     outcomes for struggling students and dropouts and disseminate 
     such data and information to State educational agencies, 
     local educational agencies, and schools; and
       (5) build the capacity of the eligible entity to--
       (A) sustain the implementation or replication of the 
     effective school model assisted under paragraph (1) after the 
     grant period has ended; and
       (B) replicate the effective school model.
       (b) Optional Use of Funds.--An eligible entity receiving a 
     grant under this title may use grant funds--
       (1) to identify and create partnerships needed to improve 
     the academic achievement and outcomes of the students 
     attending a school assisted under this title;
       (2) to support family and community engagement in the 
     effective school model; and
       (3) to carry out any additional activities that the 
     Secretary determines are within the purposes described in 
     section 201.

     SEC. 207. EVALUATION AND REPORTING.

       (a) Contents of Report.--Each eligible entity receiving a 
     grant under this title shall annually report to the Secretary 
     on--
       (1) the data and information being gathered to assess the 
     effective school model's effectiveness in improving student 
     academic achievement and outcomes for struggling students and 
     dropouts;
       (2) the implementation status of the models, any barriers 
     to implementation, and actions taken to overcome the 
     barriers;
       (3) any professional development activities to build the 
     capacity of--
       (A) the eligible entity to sustain or replicate the 
     effective school model; or
       (B) the staff of a school assisted under this title to 
     implement or improve the effective school model;
       (4) the progress made in improving student academic 
     achievement and outcomes in the effective school models for 
     struggling students and dropouts; and
       (5) the use of grant funds by the eligible entity.
       (b) Independent Evaluations.--The Secretary shall reserve 
     not more than $5,000,000 to carry out an independent 
     evaluation of the grant program under this title and the 
     progress of the eligible entities receiving grants under this 
     title.

     SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $60,000,000 for fiscal year 2011 and each of the 4 
     succeeding fiscal years.

  Mr. REID. Mr. President, I rise today with my friend Senator 
Bingaman, a longtime champion on the issue of dropout prevention and 
improving graduation rates, to introduce the Graduation Promise Act--
comprehensive legislation to help improve graduation rates in this 
country and transform some of our lowest performing high schools. I am 
so pleased to be joined by Senators Dodd, Murray, Reed, Brown, Casey, 
Merkley, and Franken in introducing this legislation.
  During the August recess, I was honored to welcome the Education 
Secretary, Arne Duncan, to Nevada. We held a meeting with education 
leaders, teachers, students, parents, and other stakeholders from 
across Nevada to discuss the issue of dropout prevention and turning 
around low performing schools.
  In his remarks, Secretary Duncan said something that really put the 
issue of high school dropouts in perspective. Four years ago, he said, 
there were 36,000 ninth graders in Nevada. Last year, that same class 
of students, was down to 22,000 twelfth graders. Where, Secretary 
Duncan asked, did those other 14,000 students go?
  Keeping those 14,000 Nevada students in school and on track to 
graduate from high school is why I have joined Senator Bingaman and my 
colleagues in this effort.
  Of course this issue is not just a problem in Nevada; it is a 
nationwide crisis. Nearly one in three high school students in the U.S. 
fail to graduate. For African-American and Latino students, less than 
50 percent complete high school on time. In total, approximately 1.3 
million students drop out each year--that is more than 7,000 a day. For 
those that do graduate, fewer than half are fully prepared for college 
or the workforce.
  These statistics confirm that millions of young Americans are being 
robbed of their best chances to succeed.
  The social and economic implications of the dropout crisis are severe 
and lasting. Let me illustrate with data from Nevada's class of 2008--
the 14,000 Nevada students that Secretary Duncan referred to--those who 
started school with the class of 2008 but did not graduate with their 
peers.
  These students will cost the State's economy an estimated $5 billion 
in lost wages over the course of their lifetimes. They will earn an 
average of almost $10,000 less each year compared to their classmates 
who finished high school. They are also more likely to become parents 
before they are ready, become incarcerated, or need public assistance.
  This fate is particularly true of students concentrated in those high 
schools where 60 percent or fewer of the entering freshmen actually 
graduate as seniors 4 years later. Research shows that there are 
currently about 2,000 high schools across the Nation that collectively 
produce almost half of America's dropouts. Year after year, students in 
these schools fall further and further behind.
  Where the United States once ranked at or near the top among 
industrial democracies in high school graduation rates, today we are 
19th. In today's global economy, a high school diploma is the minimum 
qualification needed for jobs in the fastest-growing sectors. This 
situation is not only economically untenable, it is morally 
unacceptable.
  Tackling the dropout crisis requires a comprehensive solution. As 
this is a nationwide problem, it requires a more robust role for the 
federal government. Since the No Child Left Behind Act, federal support 
for education has increased significantly. Yet despite these additional 
resources, less than 10 percent of federal education funding goes to 
our nation's high schools.
  The legislation we introduce today would provide that needed support 
to struggling high schools across the country. The Graduation Promise 
Act would authorize $2.4 billion to create a ``High School Improvement 
and Dropout Reduction Fund'' in order to turn

[[Page S9745]]

around America's lowest performing high schools and ensure students 
graduate from high school ready for college or a career. The fund would 
support states and school districts as they develop comprehensive high 
school improvement systems.
  In order to help those students who are most at risk of dropping out 
of school, federal resources would be directed to the lowest-performing 
schools. These resources would support proven school improvement 
activities and strategies based on each school's needs.
  Schools across Nevada are already implementing proven strategies in 
the schools that need them the most--strategies like extending the 
school day or year; dividing large urban schools into smaller, more 
personal learning academies; expanding summer learning opportunities; 
or partnering schools with colleges and universities to allow high 
school students to take and receive credit for college-level courses.
  At Valley High School in Las Vegas, the school that recently hosted 
Secretary Duncan, strategies like extended learning time, weekend and 
after-school enrichment, smaller learning communities, and magnet 
programs, turned the school around and will most certainly help more 
students graduate on time and ready for college or the workforce.
  In the Clark County Schools District in southern Nevada, some of the 
most cutting-edge career and technical academies in the country have 
recently opened. These programs--in engineering and design, medical 
occupations and media communications--have been recognized for helping 
to increase graduation rates.
  In northern Nevada, the Washoe County School District has teamed up 
with one of the local community colleges. The Truckee Meadows Community 
College High School now allows students to take a combination of 
college and high school courses, and they get credit on both levels. 
Not only do these students complete more challenging, college-level 
coursework, but they are laying the groundwork for success in college 
and the workforce.
  The bottom line is that all of these strategies keep students engaged 
and help prevent them from dropping out. The Graduation Promise Act 
will allow schools to replicate these strategies so that all students 
can achieve their full potential. I hope my colleagues will join me in 
supporting this important bill.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Kerry, Mr. Kohl, Mr. Durbin, Mr. 
        Schumer, Mr. Lautenberg, Mr. Brown, Mr. Casey, Mr. Whitehouse, 
        and Mr. Burris):
  S. 1699. A bill to amend the Supplemental Appropriations Act, 2008 to 
provide for the temporary availability of certain additional emergency 
unemployment compensation, and for other purposes; to the Committee on 
Finance.
  Mr. REED. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1699

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Unemployment Compensation 
     Extension Act of 2009''.

     SEC. 2. ADDITIONAL EMERGENCY UNEMPLOYMENT COMPENSATION.

       (a) In General.--Section 4002 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended by adding at the end the following:
       ``(d) Further Additional Emergency Unemployment 
     Compensation.--
       ``(1) In general.--If, at the time that the amount added to 
     an individual's account under subsection (c)(1) (hereinafter 
     `additional emergency unemployment compensation') is 
     exhausted or at any time thereafter, such individual's State 
     is in an extended benefit period (as determined under 
     paragraph (2)), such account shall be further augmented by an 
     amount (hereinafter `further additional emergency 
     unemployment compensation') equal to the lesser of--
       ``(A) 50 percent of the total amount of regular 
     compensation (including dependents' allowances) payable to 
     the individual during the individual's benefit year under the 
     State law; or
       ``(B) 13 times the individual's average weekly benefit 
     amount (as determined under subsection (b)(2)) for the 
     benefit year.
       ``(2) Extended benefit period.--For purposes of paragraph 
     (1), a State shall be considered to be in an extended benefit 
     period, as of any given time, if such a period would then be 
     in effect for such State under the Federal-State Extended 
     Unemployment Compensation Act of 1970 if--
       ``(A) section 203(d) of such Act--
       ``(i) were applied by substituting `6' for `5' each place 
     it appears; and
       ``(ii) did not include the requirement under paragraph 
     (1)(A) thereof; or
       ``(B) section 203(f) of such Act were applied to such 
     State--
       ``(i) regardless of whether or not the State had by law 
     provided for its application;
       ``(ii) by substituting `8.5' for `6.5' in paragraph 
     (1)(A)(i) thereof; and
       ``(iii) as if it did not include the requirement under 
     paragraph (1)(A)(ii) thereof.
       ``(3) Coordination rule.--Notwithstanding an election under 
     section 4001(e) by a State to provide for the payment of 
     emergency unemployment compensation prior to extended 
     compensation, such State may pay extended compensation to an 
     otherwise eligible individual prior to any further additional 
     emergency unemployment compensation, if such individual 
     claimed extended compensation for at least 1 week of 
     unemployment after the exhaustion of additional emergency 
     unemployment compensation.
       ``(4) Limitation.--The account of an individual may be 
     augmented not more than once under this subsection.''.
       (b) Conforming Amendment to Non-Augmentation Rule.--Section 
     4007(b)(2) of the Supplemental Appropriations Act, 2008 
     (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
       (1) by striking ``then section 4002(c)'' and inserting 
     ``then subsections (c) and (d) of section 4002''; and
       (2) by striking ``paragraph (2) of such section)'' and 
     inserting ``paragraph (2) of such subsection (c) or (d) (as 
     the case may be))''.
       (c) Transfer of Funds.--Section 4004(e)(1) of the 
     Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 
     U.S.C. 3304 note) is amended by striking ``Act;'' and 
     inserting ``Act and the Unemployment Compensation Extension 
     Act of 2009;''.
       (d) Effective Date.--The amendments made by this section 
     shall apply as if included in the enactment of the 
     Supplemental Appropriations Act, 2008, except that no amount 
     shall be payable by virtue of such amendments with respect to 
     any week of unemployment commencing before the date of the 
     enactment of this Act.

     SEC. 3. 0.2 PERCENT FUTA SURTAX.

       (a) In General.--Section 3301 of the Internal Revenue Code 
     of 1986 (relating to rate of tax) is amended--
       (1) by striking ``through 2009'' in paragraph (1) and 
     inserting ``through 2010'', and
       (2) by striking ``calendar year 2010'' in paragraph (2) and 
     inserting ``calendar year 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to wages paid after December 31, 2009.

     SEC. 4. REPORTING OF FIRST DAY OF EARNINGS TO DIRECTORY OF 
                   NEW HIRES.

       (a) In General.--Section 453A(b)(1)(A) of the Social 
     Security Act (42 U.S.C. 653a(b)(1)(A)) is amended by 
     inserting ``the date services for remuneration were first 
     performed by the employee,'' after ``of the employee,''.
       (b) Reporting Format and Method.--Section 453A(c) of the 
     Social Security Act (42 U.S.C. 653a(c)) is amended by 
     inserting ``, to the extent practicable,'' after ``Each 
     report required by subsection (b) shall''.
       (c) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by this section shall take effect six months after the 
     date of enactment of this Act.
       (2) Compliance transition period.--If the Secretary of 
     Health and Human Services determines that State legislation 
     (other than legislation appropriating funds) is required in 
     order for a State plan under part D of title IV of the Social 
     Security Act to meet the additional requirements imposed by 
     the amendment made by subsection (a), the plan shall not be 
     regarded as failing to meet such requirements before the 
     first day of the second calendar quarter beginning after the 
     close of the first regular session of the State legislature 
     that begins after the effective date of such amendment. If 
     the State has a 2-year legislative session, each year of the 
     session is deemed to be a separate regular session of the 
     State legislature.

     SEC. 5. COLLECTION IN ALL STATES OF UNEMPLOYMENT COMPENSATION 
                   DUE TO FRAUD.

       (a) In General.--Subsection (f) of section 6402 of the 
     Internal Revenue Code of 1986 is amended by striking 
     paragraph (3) and redesignating paragraphs (4) through (8) as 
     paragraphs (3) through (7), respectively.
       (b) Effective Date.--The amendment made by this section 
     shall apply to refunds payable on or after the date of the 
     enactment of this Act.
                                 ______
                                 
      By Mr. LUGAR (for himself, Mr. Cardin, Mr. Schumer, Mr. Wicker, 
        Mr. Feingold, and Mr. Whitehouse):
  S. 1700. A bill to require certain issuers to disclose payments to 
foreign governments for the commercial development of oil, natural gas, 
and minerals, to express the sense of Congress

[[Page S9746]]

that the President should disclose any payment relating to the 
commercial development of oil, natural gas, and minerals on Federal 
land, and for other purposes; to the Committee on Banking, Housing, and 
Urban Affairs.
  Mr. LUGAR. Mr. President, I rise to introduce the Energy Security 
Through Transparency Act of 2009 on behalf of myself, Senator Cardin, 
Senator Schumer, Senator Wicker, and Senator Feingold. The Energy 
Security Through Transparency, ESTT, bill takes important steps towards 
reversing the resource curse by revealing payments made here and abroad 
to governments for oil, gas and minerals.
  The Energy Security Through Transparency Act builds on the findings 
of a Senate Foreign Relations Committee staff report entitled the 
``Petroleum and Poverty Paradox: Assessing U.S. and International 
Community Efforts to Fight the Resource Curse'' which noted that many 
resource-rich countries that should be well-off are, in fact, terribly 
poor. History shows that oil, gas reserves and minerals frequently can 
be a bane, not a blessing, for poor countries, leading to corruption, 
wasteful spending, military adventurism, and instability. Too often, 
oil money intended for a nation's poor lines the pockets of the rich, 
or is squandered on showcase projects instead of productive 
investments.
  A classic case is Nigeria, the eighth-largest oil exporter. Despite 
half a trillion dollars in revenues since the 1960s, poverty has 
increased, corruption is rife, and violence roils the oil-rich Niger 
Delta.
  The ``resource curse'' affects us as well as producing countries. It 
exacerbates global poverty which can be a seedbed for terrorism, it 
empowers autocrats and dictators, and it can crimp world petroleum 
supplies by breeding instability.
  ESTT expresses the Sense of Congress that the administration should 
undertake to become an `implementing' country of the Extractive 
Industry Transparency Initiative, EITI. EITI is a major international 
transparency effort which sets a global framework for companies to 
publish what they pay and for governments to disclose what they 
receive. EITI's revenue data is intended to provide citizens with basic 
but crucial information necessary to effectively monitor government 
stewardship of natural resource revenues; hold decision-makers 
accountable for the use of public funds; and signal investors that a 
given country offers a transparent, rule of law-based business 
environment. The Bush administration supported the EITI through its 
participation on the board through the initiative's critical first 
several years.
  As an implementing country, the U.S. would commit to disclosing 
payments from companies for oil, gas and minerals extracted from 
federal lands. Norway has recently signed up to become an implementing 
country, along with thirty developing countries. The U.S. commitment to 
implementing EITI would add to our current commitment to EITI as a 
supporting country. This bill would ensure that not only was the U.S. 
promoting EITI with other countries, but that we were benefitting from 
the structured transparency here at home.
  This bill commits the Department of Interior to disclosing extractive 
payments received for resources derived from federal lands. In a letter 
I received from Secretary Salazar on June 19, 2009, he wrote that ``the 
Department of the Interior is in agreement with the goals set forth in 
the EITI especially concerning transparency in the management of 
extraction of minerals from Federal Lands.'' He went on to add that 
``the DOI is committed to an ongoing effort to improve the quality of 
our services by taking accountability for our actions and fulfilling 
our commitments to the public and all our customers in an open, 
transparent manner.''
  ESTT requires companies listed on U.S. stock exchanges to disclose in 
their regular SEC filings their extractive payments to foreign 
governments for oil, gas and mining which builds on the EITI 
requirement that all extractive companies operating in an EITI 
implementing country must report their payments to the government. This 
would allow investors to better evaluate the potential country risk 
faced by companies. It would also allow people to have information 
about the funds sent to their governments in non-EITI implementing 
countries.
  An issue has been raised over whether this would impose a burdensome 
reporting requirement on the companies and whether the payments made by 
companies to extractive countries are relevant to investors looking 
into finances of those companies. This bill would not require the 
companies to collect any new information, but to report publically 
financial figures they already maintain. Many oil companies who work in 
EITI countries already file this information in the form required by 
EITI. It is expected that the SEC will follow the reporting 
requirements established under EITI, which were developed in 
conjunction with the oil industry. The legislation also gives the SEC 
some discretion, which should ensure ease of compliance. Regarding 
materiality, many analysts say that among the root causes of the 
current financial crisis were a failure by investors to have access to 
sufficient information about their investments, and an excessive 
reliance on the judgments of the ratings agencies, which proved to be 
highly faulty. That experience argues strongly for more disclosure and 
information. Considering the well-established link between oil payments 
and the business climate, many investors might be interested in this 
information--particularly socially responsible investors.
  This legislation also encourages the President to work with members 
of the G-8, G-20, the Organization for Economic Cooperation and 
Development and the Asia-Pacific Economic Cooperation to promote 
similar disclosure through their exchanges and jurisdictions. As 
Secretary Clinton noted in her questions for the record on January 12, 
2009, ``President-Elect Obama has put a high priority on promoting 
transparency in government more broadly. I look forward to working with 
the President-Elect and the Treasury Department to promote greater 
transparency at the G-8 and now G-20 as well.''
  In developing this legislation, my staff consulted with the Security 
and Exchange Commission, the Treasury Department, the Interior 
Department, energy companies, mining companies, the industry 
representatives, and non-governmental organizations.
  When financial markets see stable economic growth and political 
organization in resource rich countries, supplies are more reliable and 
risk premiums factored into process at the gas pump are diminished. 
Information is critical to maintaining healthy economies and of healthy 
political systems. I ask for your support on passage of this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1700

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Energy Security Through 
     Transparency Act of 2009''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) It is in the interest of the United States to promote 
     good governance in the extractive industries sector because 
     good governance strengthens the national security and foreign 
     policy of the United States, contributes to a better 
     investment climate for businesses in the United States, 
     increases the reliability of commodity supplies upon which 
     businesses and people in the United States rely, and promotes 
     greater energy security.
       (2) Developing countries that derive a significant portion 
     of revenues from natural resource extraction tend to have 
     higher poverty rates, weaker governance, higher rates of 
     conflict, and poorer development records than countries that 
     do not rely on resource revenues. The consequences of what is 
     known as the ``resource curse'' including the erosion of 
     civil society, a rise in internal conflicts and regional 
     violence, and the proliferation of terrorism are likely to 
     pose a long-term threat to the national security, foreign 
     policy, and economic interests of the United States.
       (3) Transparency in revenue payments to governments enables 
     citizens to hold their leaders more accountable.
       (4) There is a growing consensus among oil, gas, and mining 
     companies that transparency in revenue payments is good for 
     business, since it improves the business climate in which 
     they work and fosters good governance and accountability.
       (5) Transparency in revenue payments benefits shareholders 
     of corporations that make

[[Page S9747]]

     such payments because such shareholders have a desire to know 
     the amount of such payments in order to assess financial 
     risk, compare payments from country to country, and assess 
     whether such payments help to create a more stable investment 
     climate. Undisclosed payments may be perceived as corrupt and 
     as decreasing the value of the corporation.

     SEC. 3. SENSE OF CONGRESS RELATING TO TRANSPARENCY FOR 
                   EXTRACTIVE INDUSTRIES.

       It is the sense of Congress that--
       (1) the President should work with foreign governments, 
     including members of the Group of 8 and the Group of 20, to 
     establish domestic requirements that companies under the 
     jurisdiction of each government publicly disclose any 
     payments made to a government relating to the commercial 
     development of oil, natural gas, and minerals; and
       (2) the United States Government should commit to global 
     leadership of transparency in extractive industries by 
     supporting--
       (A) multilateral pro-transparency efforts, such as the 
     Extractive Industries Transparency Initiative, in revenue 
     collection, budgeting, expenditure, and wealth management;
       (B) bilateral efforts to promote good governance in the 
     extractive industries through United States missions and 
     activities abroad;
       (C) the implementation of extractive industries reporting 
     requirements for companies under the jurisdiction of the 
     United States similar to the requirements established under 
     section 6 of this Act; and
       (D) efforts to persuade other members of the Organization 
     for Economic Cooperation and Development and Asia-Pacific 
     Economic Cooperation to adopt uniform legislation to ensure a 
     coordinated regulatory approach.

     SEC. 4. SENSE OF CONGRESS RELATING TO THE EXTRACTIVE INDUSTRY 
                   TRANSPARENCY INITIATIVE.

       It is the sense of Congress that the President should 
     commit the United States to become a Candidate Country of the 
     Extractive Industry Transparency Initiative.

     SEC. 5. DISCLOSURE OF PAYMENTS TO THE UNITED STATES.

       The Secretary of the Interior shall disclose to the public 
     any payment (as that term is defined in section 13(m) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78m(m)), as added 
     by section 6 of this Act) relating to the commercial 
     development of oil, natural gas, and minerals on Federal land 
     made by any person to the Federal Government.

     SEC. 6. DISCLOSURE OF PAYMENTS BY RESOURCE EXTRACTION 
                   ISSUERS.

       Section 13 of the Securities Exchange Act of 1934 (15 
     U.S.C. 78m) is amended by adding at the end the following:
       ``(m) Disclosure of Payment by Resource Extraction 
     Issuers.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `commercial development of oil, natural gas, 
     or minerals' includes the acquisition of a license, 
     exploration, extraction, processing, export, and other 
     significant actions relating to oil, natural gas, or 
     minerals, as determined by the Commission;
       ``(B) the term `foreign government' means a foreign 
     government, an officer or employee of a foreign government, 
     an agent of a foreign government, a company owned by a 
     foreign government, or a person who will provide a personal 
     benefit to an officer of a government if that person receives 
     a payment, as determined by the Commission;
       ``(C) the term `payment'--
       ``(i) means a payment that is--

       ``(I) made to further the commercial development of oil, 
     natural gas, or minerals; and
       ``(II) not de minimis; and

       ``(ii) includes taxes, royalties, fees, licenses, 
     production entitlements, bonuses, and other material 
     benefits, as determined by the Commission; and
       ``(D) the term `resource extraction issuer' means an issuer 
     that--
       ``(i) is required to file an annual report with the 
     Commission; and
       ``(ii) engages in the commercial development of oil, 
     natural gas, or minerals.
       ``(2) Disclosure.--
       ``(A) Information required.--Not later than 270 days after 
     the date of enactment of the Energy Security Through 
     Transparency Act of 2009, the Commission shall issue final 
     rules that require each resource extraction issuer to include 
     in the annual report of the resource extraction issuer 
     information relating to any payment made by the resource 
     extraction issuer, a subsidiary or partner of the resource 
     extraction issuer, or an entity under the control of the 
     resource extraction issuer to a foreign government for the 
     purpose of the commercial development of oil, natural gas, or 
     minerals, including--
       ``(i) the type and total amount of such payments made for 
     each project of the resource extraction issuer relating to 
     the commercial development of oil, natural gas, or minerals; 
     and
       ``(ii) the type and total amount of such payments made to 
     each foreign government.
       ``(B) International transparency efforts.--To the extent 
     practicable, the rules issued under subparagraph (A) shall 
     support the commitment of the United States Government to 
     international transparency promotion efforts relating to the 
     commercial development of oil, natural gas, or minerals.
       ``(C) Effective date.--With respect to each resource 
     extraction issuer, the final rules issued under subparagraph 
     (A) shall take effect on the date on which the resource 
     extraction issuer is required to submit an annual report 
     relating to the fiscal year of the resource extraction issuer 
     that ends not earlier than 1 year after the date on which the 
     Commission issues final rules under subparagraph (A).
       ``(3) Public availability of information.--
       ``(A) In general.--To the extent practicable, the 
     Commission shall make available online, to the public, a 
     compilation of the information required to be submitted under 
     the rules issued under paragraph (2)(A).
       ``(B) Other information.--Nothing in this paragraph shall 
     require the Commission to make available online information 
     other than the information required to be submitted under the 
     rules issued under paragraph (2)(A).
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Commission such sums as 
     may be necessary to carry out this subsection.''.
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself and Mr. Risch):
  S. 1702. A bill to amend the Pittman-Robertson Wildlife Restoration 
Act to facilitate the establishment of additional or expanded public 
target ranges in certain states; to the Committee on Environment and 
Public Works.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the 
Target Practice and Marksmanship Training Support Act. I am introducing 
this bill with the support of Senator Risch, and I thank my colleague 
for joining me in this bipartisan effort.
  This bill would provide funding flexibility to the States to help 
construct and maintain needed shooting ranges--safe and designated 
areas where people can sharpen their marksmanship and enjoy 
recreational shooting.
  For a variety of reasons, the number of places where people can 
safely engage in recreational shooting and target practicing has 
steadily dwindled. This includes areas on our national public lands. In 
an effort to establish, maintain and promote safe and established areas 
for such activities, this legislation would allow States to allocate a 
greater proportion of their Federal wildlife funds for these purposes.
  Currently, states are allocated funds for a variety of wildlife 
purposes under the Pittman-Robertson Act. This Act, which established a 
10 percent excise tax on sporting equipment and ammunition, distributes 
these funds to States for specific purposes. One of these purposes 
includes hunter safety programs and the development and maintenance of 
shooting ranges. However, the Act currently contains certain 
limitations on the use of these funds for the purpose of shooting 
ranges.
  The Target Practice and Marksmanship Training Support Act would amend 
the Pittman-Robertson Act by adjusting the funding limitations so that 
States have more funds available for the creation and maintenance of 
shooting ranges. Specifically, the bill would do a number of things.
  First, it would authorize States to charge up to 90 percent instead 
of the current 75 percent of the costs for acquiring land for, 
expanding, or constructing a public target range on Federal or non-
federal land to its allotted Pittman-Robertson allocations, and 
therefore States would only need to find 10 percent match, as opposed 
to 25 percent.
  Second, it would allow the Pittman-Robertson funds allotted to a 
State to remain available for 5 fiscal years, instead of the current 1 
fiscal year, for use in acquiring land for, expanding, or constructing 
a public target range on Federal or non-federal land.
  Third, it would limit the liability exposure to the Federal land 
agencies, the Forest Service and the Bureau of Land Management, 
regarding the use of Federal land for target practice or marksmanship 
training.
  Fourth, it would encourage the Federal land agencies, the Forest 
Service and the Bureau of Land Management, to cooperate with State and 
local authorities to maintain target ranges on Federal land so as to 
encourage their continued use.
  To be clear, the bill would not allocate any new funding to the 
construction of shooting ranges, it would not raise any fees or taxes, 
nor would it require States to apply their allocated Pittman-Robertson 
funds to shooting ranges. Instead, by reducing the State matching 
requirements--and allowing States to ``bank'' these funds for 5 years, 
the bill allows States to use their Pittman-Robertson funds as they 
think best while also allowing them to

[[Page S9748]]

extend their existing license fee revenue and other State generated 
funds on other important programs, such as wildlife habitat.
  I would like to thank the following groups who have expressed support 
for this legislation: the National Rifle Association, the National 
Governing Body for the Olympic Shooting Sports, the Colorado Firearms 
Coalition, the Colorado Wildlife Federation, the Colorado Backcountry 
Hunters and Anglers, and the Rocky Mountain Bighorn Society.
  I believe that hunting and recreational shooting are legitimate 
activities--activities that also are appropriate where not prohibited 
on our public lands. This bill is designed to maintain these activities 
in a save and convenient manner. It is my hope that the public lands 
agencies continue to work with the States, sportsmen and hunters, the 
recreational shooting interests, nearby communities, and others so that 
these opportunities are safe and available.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1702

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Target Practice and 
     Marksmanship Training Support Act''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the use of firearms for target practice and 
     marksmanship training activities on Federal land is allowed, 
     except to the extent specific portions of that land have been 
     closed to those activities;
       (2) in recent years preceding the date of enactment of this 
     Act, portions of Federal land have been closed to target 
     practice and marksmanship training for many reasons;
       (3) the availability of public target ranges on non-Federal 
     land has been declining for a variety of reasons, including 
     continued population growth and development near former 
     ranges;
       (4) providing opportunities for target practice and 
     marksmanship training at public target ranges on Federal and 
     non-Federal land can help--
       (A) to promote enjoyment of shooting, recreational, and 
     hunting activities; and
       (B) to ensure safe and convenient locations for those 
     activities;
       (5) Federal law in effect on the date of enactment of this 
     Act, including the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669 et seq.), provides Federal support for 
     construction and expansion of public target ranges by making 
     available to States funds that can be used for construction, 
     operation, and maintenance of public target ranges; and
       (6) it is in the public interest to provide increased 
     Federal support to facilitate the construction or expansion 
     of public target ranges.
       (b) Purpose.--The purpose of this Act is to facilitate the 
     construction and expansion of public target ranges, including 
     ranges on Federal land managed by the Forest Service and the 
     Bureau of Land Management.

     SEC. 3. DEFINITION OF PUBLIC TARGET RANGE.

       In this Act, the term ``public target range'' means a 
     specific location that--
       (1) is identified by a governmental agency for recreational 
     shooting;
       (2) is open to the public;
       (3) may be supervised; and
       (4) may accommodate rifle, pistol, or shotgun shooting.

     SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION 
                   ACT.

       (a) Definitions.--Section 2 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended--
       (1) by redesignating paragraphs (2) through (8) as 
     paragraphs (3) through (9), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) the term `public target range' means a specific 
     location that--
       ``(A) is identified by a governmental agency for 
     recreational shooting;
       ``(B) is open to the public;
       ``(C) may be supervised; and
       ``(D) may accommodate rifle, pistol, or shotgun 
     shooting;''.
       (b) Expenditures for Management of Wildlife Areas and 
     Resources.--Section 8(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669g(b)) is amended--
       (1) by striking ``(b) Each State'' and inserting the 
     following:
       ``(b) Expenditures for Management of Wildlife Areas and 
     Resources.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State'';
       (2) in paragraph (1) (as so designated), by striking 
     ``construction, operation,'' and inserting ``operation'';
       (3) in the second sentence, by striking ``The non-Federal 
     share'' and inserting the following:
       ``(3) Non-federal share.--The non-Federal share'';
       (4) in the third sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(4) Regulations.--The Secretary''; and
       (5) by inserting after paragraph (1) (as designated by 
     paragraph (1) of this subsection) the following:
       ``(2) Exception.--Notwithstanding the limitation described 
     in paragraph (1), a State may pay up to 90 percent of the 
     cost of acquiring land for, expanding, or constructing a 
     public target range.''.
       (c) Firearm and Bow Hunter Education and Safety Program 
     Grants.--Section 10 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-1) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Allocation of additional funds.--Of the amount 
     apportioned to a State for any fiscal year under section 
     4(b), the State may elect to allocate not more than 10 
     percent, to be combined with the amount apportioned to the 
     State under paragraph (1) for that fiscal year, for acquiring 
     land for, expanding, or constructing a public target 
     range.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Cost Sharing.--
       ``(1) In general.--Except as provided by paragraph (2), the 
     Federal share of the cost of any activity carried out using a 
     grant under this section shall not exceed 75 percent of the 
     total cost of the activity.
       ``(2) Public target range construction or expansion.--The 
     Federal share of the cost of acquiring land for, expanding, 
     or constructing a public target range in a State on Federal 
     or non-Federal land pursuant to this section or section 8(c) 
     shall not exceed 90 percent of the cost of the activity.''; 
     and
       (3) in subsection (c)(1)--
       (A) by striking ``Amounts made'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     amounts made''; and
       (B) by adding at the end the following:
       ``(B) Exception.--Amounts provided for acquiring land for, 
     constructing, or expanding a public target range shall remain 
     available for expenditure and obligation during the 5-fiscal-
     year period beginning on October 1 of the first fiscal year 
     for which the amounts are made available.''.

     SEC. 5. LIMITS ON LIABILITY.

       (a) Discretionary Function.--For purposes of chapter 171 of 
     title 28, United States Code (commonly referred to as the 
     ``Federal Tort Claims Act''), any action by an agent or 
     employee of the United States to authorize the use of Federal 
     land for purposes of target practice or marksmanship training 
     by a member of the public shall be considered to be the 
     exercise or performance of a discretionary function.
       (b) Civil Action or Claims.--Except to the extent provided 
     in chapter 171 of title 28, United States Code, the United 
     States shall not be subject to any civil action or claim for 
     money damages for injury to or loss of property, personal 
     injury, or death caused by an activity occurring at a public 
     target range that is--
       (1) funded in whole or in part by the Federal Government 
     pursuant to the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669 et seq.); or
       (2) located on Federal land.

     SEC. 6. SENSE OF CONGRESS REGARDING COOPERATION.

       It is the sense of Congress that, consistent with 
     applicable laws and regulations, the Chief of the Forest 
     Service and the Director of the Bureau of Land Management 
     should cooperate with State and local authorities and other 
     entities to carry out waste removal and other activities on 
     any Federal land used as a public target range in order to 
     encourage continued use of that land for target practice or 
     marksmanship training.

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