[Congressional Record Volume 157, Number 50 (Thursday, April 7, 2011)]
[Senate]
[Pages S2268-S2281]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. WYDEN (for himself, Mr. Sessions, Mrs. McCaskill, Mr. 
        Thune, Mrs. Boxer, and Mr. Graham):
  S. 755. A bill to amend the Internal Revenue Code of 1986 to allow an 
offset against income tax refunds to pay for restitution and other 
State judicial debts that are past-due; to the Committee on Finance.
  Mr. WYDEN. Mr. President, today, along with my colleagues Senators 
Sessions, McCaskill, Thune, Boxer, and Graham, I am introducing the 
Crime Victim Restitution and Court Fee Intercept Act. This bipartisan 
bill would help crime victims and state courts recover the restitution 
and fees that are owed to them. This bill would accomplish this worthy 
goal by intercepting tax refunds of deadbeat debtors who've failed to 
pay restitution or court fees. If enacted, this bill would essentially 
allow state courts to cross-reference outstanding debts with the IRS 
and use existing procedures to withhold tax refunds in order to satisfy 
past due debts.
  This bill would not only deliver justice to crime victims who are 
owed restitution, but would also provide much-needed resources to help 
keep court rooms open and court programs operating. At a time when our 
State and local governments are struggling to find funding for vital 
programs--including keeping courthouse doors open--unpaid court fees 
represent an important source of revenue that should be captured. This 
bill would help close budget gaps and provide additional revenue 
without raising taxes or imposing any new costs or burdens. In fact, 
participation in the program would be optional for States, but I expect 
most States to participate and to benefit greatly from this bill.
  This bill would operate the same way as the very successful child 
support debt collection system. The bill will allow states to share 
information on outstanding restitution owed and court debts with the 
IRS, which would then be required to intercept any Federal tax refunds 
of debtors and send that money to the victim or court owed that debt.
  It has been estimated by the National Center for State Courts that 
outstanding court debts across the country total approximately $15 
billion. In my home state of Oregon alone, the outstanding restitution 
and court fee debt amount is $987 million. Only a portion of 
outstanding debts are owed by individuals who will receive Federal tax 
refunds, so a portion of court debts would not be collected 
immediately. Nonetheless, the state of Oregon estimates that passage of 
this bill would allow the State to collect $30 million per year.
  Without this straight-forward and efficient mechanism, the collection 
of victim restitution and court debts is a costly and time-consuming 
process. Enactment of this bill would reduce the fiscal cost and 
administrative burden that victims and courts bear in attempting to 
collect those debts. Again, in the midst of a challenging fiscal 
crisis, it only makes common sense to collect revenues that are already 
owed--through an efficient and convenient method.
  Because this bill would benefit both the court system, and those who 
rely upon it, the Crime Victim Restitution and Court Fee Intercept Act 
is endorsed by a broad array of court, government, law enforcement, and 
crime victims' organizations. I would like to especially recognize the 
National Center for State Courts and the American Bar Association for 
their support in getting this bill introduced.
  The bill is also supported by the Conference of Chief Justices, the 
Conference of State Court Administrators, the National Association for 
Court Managers, the National Conference of State Legislatures, the 
National Association of Counties, the Government Finance Officers 
Association, the National District Attorneys Association, the American 
Probation and Parole Association, the National Crime Law Institute, the 
National Center for Victims of Crime, the National Organization for 
Victim Assistance, the National Association of Crime Victim 
Compensation Boards, the National Association of VOCA Assistance 
Administrators, the National Network to End Domestic Violence, the 
National Alliance to End Sexual Violence, the National Organization of 
Parents of Murdered Children Inc., and Mothers Against Drunk Driving.
  I urge all colleagues to support this bipartisan legislation and I 
yield the floor.
                                 ______
                                 
      By Mr. GRASSLEY (for himself and Mr. Wyden):
  S. 756. A bill to amend title XI of the Social Security Act to 
provide for the public availability of Medicare claims data; to the 
Committee on Finance.
  Mr. GRASSLEY. Mr. President, in March, I introduced S. 454, the 
Strengthening Program Integrity and Accountability in Health Care Act, 
to enhance the government's ability to combat Medicare and Medicaid 
fraud.
  One of the provisions in that bill would require the Secretary of 
Health and Human Services to issue regulations to make Medicare claims 
and payment data available to the public similar to other federal 
spending disclosed on www.USAspending.gov.
  That website was created by legislation sponsored by then-Senator 
Obama and Senator Coburn. It lists almost all federal spending, but it 
doesn't include Medicare payments made to physicians.
  That means virtually every other government program, including some 
defense spending, is more transparent than spending by the Medicare 
program.
  Medicare is funded by taxpayers, and in 2009, the federal government 
spent $502 billion on Medicare.
  Taxpayers should have a right to see how their hard-earned dollars 
are being spent.
  Also, if doctors know their billing information is public, it might 
deter some wasteful practices and overbilling.
  On the day that I introduced S. 454, I learned that Senator Wyden was 
also working on legislation to make Medicare payments to physicians 
available to the public. We decided to work together.
  Today, Senator Wyden and I are introducing the Medicare Data Access 
for Transparency and Accountability Act, Medicare DATA Act.
  This bill would require the Secretary of Health and Human Services to 
issue regulations to make available a searchable Medicare payment 
database that the public can access at no cost.
  Our bill also clarifies that data on Medicare payments to physicians 
and suppliers do not fall under a Freedom of Information Act, FOIA, 
exemption.
  Under a 1979 court decision, Medicare is prohibited from releasing 
physicians' billing information to the public.
  But before that injunction, the Department of Health, Education, and 
Welfare--now the Department of Health and Human Services--was in the 
process of releasing reimbursement data for all Medicare providers.
  Third parties that have tried to obtain physician specific data 
through the FOIA process have failed in the past because the courts 
held that physicians' privacy interests outweigh the public's interest 
in disclosure.
  The nonprofit, consumer organization--Consumers' Checkbook--for 
example, had filed a lawsuit against the Department of Health and Human 
Services to compel disclosure of that data.
  The organization made its FOIA request to determine whether or not 
Medicare paid physicians who had the qualifications to perform the 
services for which they sought federal reimbursement, especially those 
performing a high volume of difficult procedures.
  In particular, the organization was looking for physicians with 
insufficient board certifications or histories of disciplinary actions.
  My question is: why wouldn't we want individuals examining this data 
to ensure that the government is protecting taxpayer dollars by 
preventing improper billing to the Medicare program?
  And why wouldn't we want public interest watchdog groups helping to 
look out for potential abuse or fraud?
  In January, the Wall Street Journal reported the American Medical 
Association's, AMA, concerns about making

[[Page S2269]]

Medicare claims data publicly available.
  The AMA President said that physicians ``should not suffer the 
consequences of having false or misleading conclusions drawn from 
complex Medicare data that has significant limitations.''
  But I would like to note the value of access to Medicare billing 
data.
  Even with limited access, the Wall Street Journal was able to 
identify suspicious billing patterns and potential abuses of the 
Medicare system.
  The Wall Street Journal found cases where Medicare paid millions to a 
physician, sometimes for several years, before those questionable 
payments stopped.
  Volume alone doesn't automatically mean there's fraud, waste, or 
abuse.
  More patients may be going to a specific physician for a particular 
service because that physician is a leader in his or her field.
  Nonetheless, to alleviate the concerns raised by the American Medical 
Association, our bill would require a disclaimer that the data in the 
public database ``does not reflect on the quality of the items of 
services furnished or of the provider of services or supplier who 
furnished the items or services.''
  I believe transparency in the health care system leads to more 
accountability and thus less waste and more efficient use of scarce 
resources.
  I have often quoted Justice Brandeis, who said, ``Sunlight is the 
best disinfectant.''
  That is what Senator Wyden and I are aiming to accomplish with the 
Medicare DATA Act.
  When it comes to public programs like Medicare, the Federal 
Government needs all the help it can get to identify and combat fraud, 
waste and abuse.
  Our bill will add to the reforms Congress passed last year.
  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. 756

       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 ``Medicare Data Access for 
     Transparency and Accountability Act''.

     SEC. 2. PUBLIC AVAILABILITY OF MEDICARE CLAIMS DATA.

       (a) In General.--Section 1128J of the Social Security Act 
     (42 U.S.C. 1320a-7k) is amended by adding at the end the 
     following new subsection:
       ``(f) Public Availability of Medicare Claims Data.--
       ``(1) In general.--The Secretary shall, to the extent 
     consistent with applicable information, privacy, security, 
     and disclosure laws, including the regulations promulgated 
     under the Health Insurance Portability and Accountability Act 
     of 1996 and section 552a of title 5, United States Code, make 
     available to the public claims and payment data of the 
     Department of Health and Human Services related to title 
     XVIII, including data on payments made to any provider of 
     services or supplier under such title.
       ``(2) Implementation.--
       ``(A) In general.--Not later than December 31, 2012, the 
     Secretary shall promulgate regulations to carry out this 
     subsection.
       ``(B) Requirements.--The regulations promulgated under 
     subparagraph (A) shall ensure that--
       ``(i) the data described in paragraph (1) is made available 
     to the public through a searchable database that the public 
     can access at no cost;
       ``(ii) such database--

       ``(I) includes the amount paid to each provider of services 
     or supplier under title XVIII, the items or services for 
     which such payment was made, and the location of the provider 
     of services or supplier;
       ``(II) is organized based on the specialty or the type of 
     provider of services or supplier involved;
       ``(III) is searchable based on the type of items or 
     services furnished; and
       ``(IV) includes a disclaimer that the aggregate data in the 
     database does not reflect on the quality of the items or 
     services furnished or of the provider of services or supplier 
     who furnished the items or services; and

       ``(iii) each provider of services or supplier in the 
     database is identified by a unique identifier that is 
     available to the public (such as the National Provider 
     Identifier of the provider of services or supplier).
       ``(C) Scope of data.--The database shall include data for 
     fiscal year 2012, and each year fiscal year thereafter.''.
       (b) Information Not Exempt Under the Freedom of Information 
     Act.--The term ``personnel and medical files and similar 
     files the disclosure of which would constitute a clearly 
     unwarranted invasion of personal privacy'', as used in 
     section 552(b)(6) of title 5, United States Code, does not 
     include the information required to be made available to the 
     public under section 1128J(f) of the Social Security Act, as 
     added by subsection (a).

  Mr. WYDEN. Mr. President, I rise today with Senator Grassley to 
introduce the Medicare Data Access for Transparency and Accountability 
Act. I would like to begin by thanking my friend and esteemed colleague 
for his unwavering commitment to greater transparency and 
accountability in government. This Medicare DATA Act advances that 
goal.
  Sunshine continues to be the greatest disinfectant. In that light, 
the Medicare DATA Act ensures all taxpayers have access to the Medicare 
Claims Database, both to aid them in making medical decisions, and in 
understanding what their money is paying for in this vital, yet 
enormous, health program. Making this information public will also help 
prevent wasteful spending and outright fraud in Medicare claims. The 
Medicare Claims Database is an important resource for public and 
private stakeholders as it captures healthcare provider payment and 
claims information for roughly 1/3 of the United States healthcare 
system. But why isn't this information already available?
  In 1978, the Department of Health Education and Welfare attempted to 
release this information, upon request, under the premise that 
accessibility to the source data was in the public interest and 
therefore should be made available for public consumption. An 
injunction by a Florida court, however, successfully blocked that 
public disclosure of this information. As a result, this data has 
been--with limited exceptions made for government employees, 
contractors, and researchers willing to pay for partial access--off 
limits for the last three decades. Passage of the Medicare DATA Act 
puts an end to that practice.
  I consider hiding information affecting the American taxpayer that 
clearly should be in the public domain, to be indefensible in a free 
society. With this principle in mind, I join with Senator Grassley in 
changing ``business as usual.''
  I urge my colleagues to support this legislation so that Medicare 
data is finally fully transparent and available to Medicare 
beneficiaries and taxpayers alike. I look forward to working with my 
colleagues in this effort.
                                 ______
                                 
      By Mrs. BOXER:
  S. 759. A bill to provide to the Secretary of the Interior a 
mechanism to cancel contracts for the sale of materials CA-20139 and 
CA-22901, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mrs. BOXER. Mr. President, I am pleased to introduce the Soledad 
Canyon High Desert, California Public Lands Conservation and Management 
Act of 2011. This bill would resolve a 21-year-old mining dispute 
between the City of Santa Clarita and CEMEX USA, and have numerous 
other benefits for communities in Los Angeles and San Bernardino 
Counties, CA.
  In 1990, the Bureau of Land Management awarded CEMEX two 10-year 
consecutive contracts to extract 56 million tons of sand and gravel 
from a site in Soledad Canyon. The City of Santa Clarita strongly 
opposed CEMEX's expansion of mining in this area. After two decades of 
conflict and nearly a decade of litigation, the two parties announced a 
truce in early 2007, and started working out an agreement.
  This legislation would implement the terms of that agreement. It 
would require the Secretary of the Interior to cancel CEMEX's mining 
contracts in Soledad Canyon and prohibit future mining at this site. 
The BLM would sell lands near Victorville, CA that are currently on its 
disposal list, and would use the proceeds to compensate CEMEX for the 
cancellation of its mining contracts. Local land use authorities, such 
as the City of Victorville and County of San Bernardino, would have the 
right of first refusal to purchase many of these parcels, which would 
help satisfy their future development needs. Some of these funds would 
also go towards the purchase of environmentally-sensitive lands in 
Southern California.
  My legislation would settle a 20-year-old dispute to all parties' 
satisfaction, complement future development plans in Southern 
California, and help secure important lands for conservation.

[[Page S2270]]

That's why it has won the support of a diverse group of interests, 
including the City of Santa Clarita, CEMEX, the Santa Monica Mountains 
Conservancy, and the Sierra Club.
  I look forward to working with my colleagues to secure the passage of 
this important legislation.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Akaka, and Mrs. McCaskill):
  S. 761. A bill to improve the acquisition workforce through the 
establishment of an acquisition management fellows program and a 
leadership development training program, and for other purposes; to the 
Committee on Homeland Security and Governmental Affairs.
  Ms. COLLINS. Mr. President. I rise today to introduce two bills that 
would lay a strong foundation to improve the Federal acquisition 
system.
  The first bill, the Acquisition Workforce Improvement Act of 2011, S. 
761, co-sponsored by Senators Akaka and McCaskill, would create a 
Federal acquisition management fellows program to develop a new 
generation of acquisition leaders with government-wide perspective, 
skills, and experience.
  The second bill, the Federal Acquisition Institute Improvement Act of 
2011, S. 762, co-sponsored by Senators Akaka, McCaskill and Brown of 
Massachusetts, would provide much-needed organizational clarity to 
enable the Federal Acquisition Institute (FAI) to fulfill its mission 
of facilitating career development and better management of the federal 
acquisition workforce.
  The Federal acquisition system is under tremendous stress. Between 
fiscal years 2000 and 2010, acquisition spending by the federal 
government expanded by 163 percent, from $205 billion to $535 billion. 
The necessary costs of military operations, natural disasters, homeland 
security precautions, and other vital programs will continue to strain 
the acquisition system in the years ahead.
  This unprecedented level of purchasing creates abundant opportunities 
for fraud, waste, and abuse. We have seen far too many outrageous 
failures in government contracting. The Secure Border Initiative 
Network, the Census Bureau's handheld computers for the 2010 Census, 
and the Marine Presidential Helicopter programs are among recent, 
notorious and costly acquisition failures, which we can ill afford.
  These and other failures demand strong steps to protect taxpayer 
dollars and deliver better acquisition outcomes.
  As a long-time advocate for stronger competition, accountability, and 
transparency in government contracting, I recognize the actions the 
Administration has taken recently to improve federal contracting. Many 
of these initiatives originated from legislation I co-authored with 
Senator Lieberman during the 110th Congress.
  But, no matter how many laws we pass or guidance documents OMB 
issues, the effectiveness of our Federal acquisition system ultimately 
depends on a vital human component--the acquisition workforce.
  While contract spending has risen dramatically, the number of 
acquisition professionals who help plan, award, and oversee these 
contracts has been stagnant. And with roughly half of the current 
acquisition workforce eligible to retire by 2018, the difficulties of 
strengthening that workforce are becoming increasingly acute. A well-
trained and adequately sized acquisition workforce is critical to 
managing and overseeing federal spending and the increasingly complex 
procurements of services and goods.
  The two pieces of legislation I am introducing today are designed to 
address these important long-term goals.
  The Acquisition Workforce Improvement Act would create a centrally 
managed, Government-wide Acquisition Management Fellows Program that 
combines both a Master's degree-level academic curriculum and on-the-
job training in multiple federal agencies. By partnering with leading 
universities that have specialized government acquisition programs, the 
government can attract top-caliber students and retain our best 
government employees who are interested in pursuing both academic 
advancement and public service.
  Compared to the several existing, agency-specific intern programs, 
this government-wide program would provide a much-needed skill set that 
we currently do not have in sufficient number; that is, acquisition 
professionals with multi-agency and multi-disciplinary training who can 
understand and manage government-wide acquisition needs and 
perspectives.
  Considering that interagency acquisition now accounts for 
approximately 40 percent of the Federal Government's entire contract 
spending, and that GAO has designated the management of interagency 
contracting a high-risk area since 2005, it is evident that we need to 
develop future acquisition leaders who understand government-wide needs 
and perspectives and are able to operate effectively outside of the 
traditional, single-agency environment.
  Specifically, the Acquisition Management Fellows Program would 
include one academic year of full-time, on-campus training followed by 
2 years of on-the-job and part-time training toward a Masters or 
equivalent graduate degree in related fields; and a curriculum that 
would include rotational assignments at three or more executive 
agencies covering, among other issues, acquisition planning, cost-
estimating, formation and post-award administration of ``high risk'' 
contract types, and interagency contracts.
  Upon graduation, participants will have completed all required, non-
agency-specific training courses necessary for a basic contracting 
officer warrant.
  In addition, participants would be required to enter into a service 
commitment to ensure the Federal Government receives a proper return on 
its investment. The service commitment would be no less than 1 year for 
each year a participant is in the program, and would require 
reimbursement of funds for those who do not successfully complete the 
program or do not fulfill the minimum service requirements.
  Our second bill, the Federal Acquisition Institute Improvement Act, 
would strengthen the Federal Acquisition Institute, FAI, whose key 
responsibilities are to promote career development and strategic human 
capital management for the entire civilian acquisition workforce.
  The FAI has remained largely underutilized due to a lack of 
organizational clarity, the disproportionate funding compared to its 
counterpart in the Department of Defense, and its intermittent use by a 
few Federal agencies.
  The proposed legislation would establish a clear line of 
responsibility and accountability for the Institute by requiring that 
FAI, through its Board of Directors, report directly to the Office of 
Federal Procurement Policy, OFPP; the director of FAI be appointed by 
the OFPP Administrator, and report directly to the OFPP Associate 
Administrator for Acquisition Workforce; all existing civilian agency 
training programs follow guidelines issued by OFPP, which would ensure 
consistent training standards necessary to develop uniform core 
competencies; and the OFPP Administrator report annually to 
Congressional committees of jurisdiction projected FAI budget needs and 
expense plans to fulfill its statutory mandate.
  With respect to its core government-wide functions, FAI would be 
required to provide and keep current government-wide training standards 
and certification requirements including ensuring effective agency 
implementation of government-wide training and certification standards; 
analyzing the curriculum to ascertain if all certification competencies 
are covered, or if adjustments are necessary; developing career-path 
information for certified professionals to encourage retention in 
government positions; and coordinating with the Office of Personnel 
Management for human capital efforts.
  The administration has identified acquisition workforce development 
as a pillar for improving acquisition practices and contract 
performance. While I fully agree with this goal, we need specific and 
concrete action to solve this problem.
  Our legislation would prompt the sustained effort necessary to 
rebuild the acquisition workforce. While this will take time and 
investment, I am confident this is a wise investment that will yield 
substantial returns. Just think about it: if our better-trained 
acquisition professionals can prevent one failed procurement, it can 
save the taxpayer hundreds of millions of dollars. If they can avoid 
overpaying one percent of our contract spending, it

[[Page S2271]]

will save the taxpayer more than five billion dollars each year. The 
numbers speak for themselves.
  The Acquisition Workforce Improvement Act and the Federal Acquisition 
Institute Improvement Act are critically needed and both enjoy 
bipartisan support. I encourage my colleagues to support them.
  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. 761

       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 ``Acquisition Workforce 
     Improvement Act of 2011''.

     SEC. 2. GOVERNMENT-WIDE ACQUISITION MANAGEMENT FELLOWS 
                   PROGRAM.

       (a) Establishment of Acquisition Management Fellows 
     Workforce Program.--
       (1) In general.--Chapter 17 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1714. Government-wide acquisition management fellows 
       program

       ``(a) Establishment of Program.--Not later than 180 days 
     after the date of the enactment of the Acquisition Workforce 
     Improvement Act of 2011, the Administrator shall establish a 
     government-wide acquisition management fellows program (in 
     this section referred to as the `program') for the purpose of 
     investing in the long-term improvement and sustained 
     excellence of the Federal acquisition workforce.
       ``(b) Objectives.--The objectives of the program shall be 
     as follows:
       ``(1) To develop a new generation of acquisition leaders 
     with government-wide perspective, skills, and experience.
       ``(2) To recruit individuals with the outstanding academic 
     merit, ethical value, business acumen, and leadership skills 
     to meet the acquisition needs of the Federal Government.
       ``(3) To offer, upon completion of the program, 
     opportunities for advancement, competitive compensation, and 
     leadership opportunities at various executive agencies.
       ``(c) Structure.--
       ``(1) Contracts, grants, and cooperative agreements.--The 
     Office of Federal Procurement Policy shall enter into 
     contracts, grants, or cooperative agreements with one or more 
     qualified universities with demonstrated expertise in Federal 
     Government acquisition.
       ``(2) Training.--The program shall consist of one academic 
     year of full-time, on-campus training followed by two years 
     of on-the-job and part-time training toward a Masters or 
     equivalent graduate degree in related fields.
       ``(3) Curriculum.--The curriculum of the program shall 
     include the following elements:
       ``(A) Rotational assignments at three or more executive 
     agencies covering all phases of the contract life cycle, from 
     acquisition planning to contract formation and post-award 
     administration of contract types identified in part 16 of the 
     Federal Acquisition Regulation, and including interagency 
     contracts, contract cost and pricing, and negotiation 
     techniques.
       ``(B) All required non-agency-specific training courses 
     necessary for basic contracting officer warrant as 
     established by the Office of Federal Procurement Policy.
       ``(C) Emphasis on transparency, accountability, and 
     integrity in the public contracting process.
       ``(D) Other necessary courses and education as required by 
     participating universities.
       ``(4) Priority for employment.--To the extent permitted by 
     law, the head of each executive agency shall give priority to 
     graduates of the program for purposes of hiring employees in 
     the acquisition field, based on performance during the 
     program and other qualifications, and shall compensate such 
     graduates at an initial GS-12 level of the General Schedule, 
     or equivalent, with the potential for a GS-13 level of 
     compensation, or equivalent, upon one year of satisfactory 
     performance.
       ``(d) Size.--The total number of individuals entering the 
     program each year may not exceed 200. There shall be at least 
     50 participants in the first year of the program, 100 
     participants in the second year, and 150 participants 
     thereafter.
       ``(e) Elements.--In carrying out the program, the 
     Administrator shall--
       ``(1) enter into one or more contracts, grants, or 
     cooperative agreements with qualified universities having an 
     expertise in Federal Government acquisition and the resources 
     to administer the program independently;
       ``(2) be responsible for the management and oversight of 
     the overall program and for placement of individuals upon 
     graduation;
       ``(3) allow participating universities to select and to 
     remove program participants in accordance with the 
     established academic process for such graduate degree 
     programs;
       ``(4) ensure that veterans (as that term is defined in 
     section 101(2) of title 38) are given priority as candidates 
     for participation in the program; and
       ``(5) periodically review the career development of the 
     program participants upon placement and make necessary 
     adjustments to the program to ensure the objectives are met.
       ``(f) Service Agreement.--
       ``(1) Commitment for federal service.--A person selected 
     for participation in the program shall commit to employment 
     with the Federal Government in the field of acquisition, 
     following completion of the program, under such terms and 
     conditions as the Administrator considers appropriate to 
     ensure the Federal Government receives proper return on 
     investment. Such employment shall be for a term of not less 
     than one year for each year in the program.
       ``(2) Reimbursement of funds.--In cases of candidates who 
     do not successfully complete the program or do not fulfill 
     the minimum service requirements, the candidates shall be 
     required to reimburse the Federal Government for funds 
     received under the program.
       ``(g) OFPP Acquisition Fellows Development Fund.--
       ``(1) Establishment.--There is hereby established in the 
     Treasury of the United States a fund to be known as the `OFPP 
     Acquisition Fellows Development Fund' (in this section 
     referred to as the `Fund').
       ``(2) Use of funds.--Amounts in the Fund shall be used 
     for--
       ``(A) the establishment and operations of the program;
       ``(B) the award of contracts, grants, or cooperative 
     agreements to cover expenses including--
       ``(i) tuition, books, materials, and other academic 
     expenses;
       ``(ii) room and board of students during the time students 
     are enrolled in the program;
       ``(iii) expenses for travel as required by the program;
       ``(iv) stipends; and
       ``(v) other necessary expenses the Administrator considers 
     necessary.
       ``(3) Deposits to fund.--
       ``(A) In general.--The Fund shall consist of amounts 
     appropriated or otherwise made available to the Fund.
       ``(B) Transfer.--The Administrator may transfer necessary 
     amounts from the Acquisition Workforce Training Fund (AWTF) 
     established under section 1703(i) of this title to provide an 
     initial deposit or to augment the Fund.
       ``(C) Department of defense participation.--If the 
     Department of Defense elects to participate in the program, 
     it shall provide necessary funds, commensurate to the share 
     of participants it sponsors, from proceeds available pursuant 
     to section 1703(i)(5) of this title or section 1705 of title 
     10.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1714. Government-wide acquisition management fellows program.''.
       (b) Reports.--
       (1) Initial report.--Not later than 120 days after the date 
     of the enactment of this Act, the Administrator shall submit 
     to the appropriate congressional committees a preliminary 
     report on the program, including a description of the program 
     and the five-year budget needed to carry out the government-
     wide acquisition management fellows program established under 
     section 1714 of title 41, United States Code, as added by 
     subsection (a).
       (2) Annual report.--Not later than one year after the 
     commencement of the program and annually thereafter, the 
     Administrator shall submit to the appropriate congressional 
     committees a report on the program. The report shall 
     include--
       (A) a description of the activities under the program, 
     including the number of individuals who participated in the 
     program and the training provided such individuals under the 
     program;
       (B) an assessment of the effectiveness of the program in 
     meeting the objectives of the program, including the 
     performance of each university administering the program; and
       (C) any recommendations for additional legislative or 
     administrative action that the Administrator considers 
     appropriate in light of the program.
       (3) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Oversight and Government Reform and 
     the Committee on Appropriations of the House of 
     Representatives.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for the OFPP Acquisition Fellows 
     Development Fund the following amounts:
       (1) For fiscal year 2012, $16,000,000.
       (2) For fiscal year 2013, $32,000,000.
       (3) For fiscal year 2014, and each fiscal year thereafter, 
     $48,000,000.

     SEC. 3. LEADERSHIP DEVELOPMENT TRAINING PROGRAM.

       (a) Establishment of Leadership Development Training 
     Program.--
       (b) Establishment of Training Program.--Not later than 180 
     days after the date of the enactment of this Act, 
     Administrator for Federal Procurement Policy shall establish 
     a leadership development training program for Federal 
     employees focused on core leadership and acquisition 
     competencies. The purpose of the training program shall be to 
     foster the development of high performing

[[Page S2272]]

     individuals in the three core acquisition disciplines of 
     contracting, program management, and cost estimating to serve 
     as future acquisition leaders.
       (c) Objectives.--The objectives of the program shall be as 
     follows:
       (1) To develop a new generation of acquisition leaders in 
     the three major acquisition disciplines currently in the 
     Federal workforce in order to expand and improve the quality 
     of the acquisition workforce.
       (2) To develop high performing Federal employees in the 
     three major acquisition disciplines to provide opportunities 
     for advancement into leadership positions.
       (3) To enhance the ability to foster networking and 
     understanding among the three major acquisition disciplines 
     to achieve desired acquisition outcomes.
       (d) Structure.--
       (1) Cooperative agreement.--The Office of Federal 
     Procurement Policy shall enter into cooperative agreements 
     with one or more institutions of higher learning as 
     prescribed under Office of Management and Budget Circular A-
     102, ``Grants and Cooperative Agreements with State and Local 
     Governments'' to develop and implement the training program.
       (2) Participants.--The training program participants shall 
     be composed of an equal distribution of the three targeted 
     acquisition disciplines.
       (3) Program selection official.--The Director of the 
     Federal Acquisition Institute shall be the program selection 
     official.
       (4) Training.--The program shall consist of 18 months of 
     academic classroom training. The participants shall complete 
     the training during normal duty hours, and shall remain at 
     their current duty station during any such hours not spent in 
     training. Upon successful completion of the program, 
     participants shall receive a Master's Degree in Public 
     Administration with a concentration in Federal acquisition.
       (5) Curriculum.--The curriculum of the program shall be 
     developed by the partnering institution or institutions of 
     higher learning and approved by the Director of the Federal 
     Acquisition Institute.
       (e) Size.--The total number of individuals entering the 
     pilot program shall be not less than 50. There shall be an 
     equal composition of the three acquisition functions.
       (f) Elements.--In carrying out the program, the 
     Administrator for Federal Procurement Policy shall--
       (1) enter into cooperative agreements with one or more 
     institutions of higher learning to provide for the management 
     and oversight of the training program; and
       (2) collaborate with such institution or institutions to 
     develop learning objectives and to design classroom training 
     to best meet the program objectives.
       (g) Service Agreement.--
       (1) Commitment for federal service.--A person selected for 
     participation in the program shall commit to employment for 
     not less than 2 years with the Federal Government in the 
     field of acquisition, following completion of the program, 
     under such terms and conditions as the Administrator for 
     Federal Procurement Policy considers appropriate to ensure 
     the Federal Government receives proper return on investment.
       (2) Reimbursement of funds.--In cases where a participant 
     does not complete the minimum employment commitment, the 
     participant shall reimburse the Federal Government for a 
     prorated share of the cost of the training, based on the 
     proportion of the commitment that remains unfulfilled.
       (h) Use of Funds.--Amounts in the Acquisition Workforce 
     Training Fund (AWTF) established under section 1703(i) of 
     title 41, United States Code, may be made available for the 
     program and may be used for--
       (1) the establishment and operations of the program, 
     including planning and administration;
       (2) classroom training expenses, including--
       (A) tuition;
       (B) books; and
       (C) other necessary expenses the Administrator for Federal 
     Procurement Policy considers necessary.
       (i) Reports.--
       (1) In general.--Not later than 90 days after the 
     commencement of the training program, and semi-annually 
     thereafter, the Administrator for Federal Procurement Policy 
     shall submit to the appropriate congressional committees a 
     report on the program.
       (2) Content.--The report required under paragraph (1) shall 
     include--
       (A) a description of the activities under the training 
     program, including the number of individuals who participated 
     in the program and the training provided such individuals 
     under the program;
       (B) an assessment of the effectiveness of the program in 
     meeting the objectives of the program, including the 
     performance of the partnering institution or institutions of 
     higher learning;
       (C) recommendations for additional legislative or 
     administrative action that the Administrator for Federal 
     Procurement Policy considers appropriate in light of the 
     program; and
       (D) workforce data to support the return on investment, 
     including retention rates and improvement in workforce 
     quality.
       (3) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Oversight and Government Reform and 
     the Committee on Appropriations of the House of 
     Representatives.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated for the Leadership Development Training 
     Program the following amounts:
       (1) For fiscal year 2012, $500,000.
       (2) For fiscal year 2013, $250,000.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Akaka, Mrs. McCaskill, and Mr. 
        Brown of Massachusetts):
  S. 762. A bill to improve the Federal Acquisition Institute; to the 
Committee on Homeland Security and Governmental Affairs.
  Ms. COLLINS. 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. 762

       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 ``Federal Acquisition 
     Institute Improvement Act of 2011''.

     SEC. 2. ACQUISITION WORKFORCE IMPROVEMENTS.

       (a) Workforce Improvements.--Section 1704(b) of title 41, 
     United States Code, is amended--
       (1) by inserting after the first sentence the following: 
     ``The Associate Administrator shall be chosen on the basis of 
     demonstrated knowledge and expertise in acquisition, human 
     capital, and management.'';
       (2) by striking ``The Associate Administrator for 
     Acquisition Workforce Programs shall be located in the 
     Federal Acquisition Institute (or its successor).'' and 
     inserting ``The Associate Administrator shall be located in 
     the Office of Federal Procurement Policy.'';
       (3) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (4) by redesignating paragraph (5) as paragraph (6); and
       (5) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) implementing workforce programs under subsections (f) 
     through (k) of section 1703 of this title; and''.
       (b) Federal Acquisition Institute.--
       (1) In general.--Division B of title 41, United States 
     Code, is amended by inserting after chapter 11 the following 
     new chapter:

              ``CHAPTER 12--FEDERAL ACQUISITION INSTITUTE

``Sec.
``1201. Federal Acquisition Institute.

     ``Sec. 1201. Federal Acquisition Institute

       ``(a) In General.--There is established a Federal 
     Acquisition Institute (FAI) in order to--
       ``(1) foster and promote the development of a professional 
     acquisition workforce government-wide;
       ``(2) promote and coordinate government-wide research and 
     studies to improve the procurement process and the laws, 
     policies, methods, regulations, procedures, and forms 
     relating to acquisition by the executive agencies;
       ``(3) collect data and analyze acquisition workforce data 
     from the Office of Personnel Management, the heads of 
     executive agencies, and, through periodic surveys, from 
     individual employees;
       ``(4) periodically analyze acquisition career fields to 
     identify critical competencies, duties, tasks, and related 
     academic prerequisites, skills, and knowledge;
       ``(5) coordinate and assist agencies in identifying and 
     recruiting highly qualified candidates for acquisition 
     fields;
       ``(6) develop instructional materials for acquisition 
     personnel in coordination with private and public acquisition 
     colleges and training facilities;
       ``(7) evaluate the effectiveness of training and career 
     development programs for acquisition personnel;
       ``(8) promote the establishment and utilization of academic 
     programs by colleges and universities in acquisition fields;
       ``(9) facilitate, to the extent requested by agencies, 
     interagency intern and training programs;
       ``(10) collaborate with other civilian agency acquisition 
     training programs to leverage training supporting all members 
     of the civilian agency acquisition workforce;
       ``(11) assist civilian agencies with their acquisition 
     human capital planning efforts; and
       ``(12) perform other career management or research 
     functions as directed by the Administrator.
       ``(b) Budget Resources and Authority.--
       ``(1) In general.--The Administrator for Federal 
     Procurement Policy shall recommend to the Administrator of 
     the General Services Administration sufficient budget 
     resources and authority for the Federal Acquisition Institute 
     to support government-wide training standards and 
     certification requirements necessary to enhance the mobility 
     and career opportunities of the Federal acquisition 
     workforce.
       ``(2) Acquisition workforce training fund.--Subject to the 
     availability of funds, the Administer of General Services 
     shall provide the Federal Acquisition Institute with

[[Page S2273]]

     amounts from the acquisition workforce training fund 
     established under section 1703(i) of this title sufficient to 
     meet the annual budget for the Federal Acquisition Institute 
     requested by the Administrator for Federal Procurement 
     Policy.
       ``(c) Federal Acquisition Institute Board of Directors.--
       ``(1) Reporting to administrator.--The Federal Acquisition 
     Institute shall report through its Board of Directors 
     directly to the Administrator for Federal Procurement Policy.
       ``(2) Composition.--The Board shall be composed of not more 
     than 8 individuals from the Federal Government representing a 
     mix of acquisition functional areas, all of whom shall be 
     appointed by the Administrator.
       ``(3) Duties.--The Board shall provide general direction to 
     the Federal Acquisition Institute to ensure that the 
     Institute--
       ``(A) meets its statutory requirements;
       ``(B) meets the needs of the Federal acquisition workforce;
       ``(C) implements appropriate programs;
       ``(D) coordinates with appropriate organizations and groups 
     that have an impact on the Federal acquisition workforce;
       ``(E) develops and implements plans to meet future 
     challenges of the Federal acquisition workforce; and
       ``(F) works closely with the Defense Acquisition 
     University.
       ``(4) Recommendations.--The Board shall make 
     recommendations to the Administrator regarding the 
     development and execution of the annual budget of the Federal 
     Acquisition Institute.
       ``(d) Director.--The Director of the Federal Acquisition 
     Institute shall be appointed by, and report directly to, the 
     Administrator.
       ``(e) Annual Report.--The Administrator shall submit to the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Appropriations of the Senate and the 
     Committee on Oversight and Government Reform and the 
     Committee on Appropriations of the House of Representatives 
     an annual report on the projected budget needs and expense 
     plans of the Federal Acquisition Institute to fulfill its 
     mandate.''.
       (2) Conforming amendment.--Section 1122(a)(5) of such title 
     is amended to read as follows:
       ``(5) providing for and directing the activities of the 
     Federal Acquisition Institute established under section 1201 
     of this title, including recommending to the Administrator of 
     General Services a sufficient budget for such activities.''.
       (c) Government-wide Training Standards and Certification.--
     Section 1703 of title 41, United States Code, is amended--
       (1) in subsection (c)(2)--
       (A) by striking ``The Administrator shall'' and inserting 
     the following:
       ``(A) In general.--The Administrator shall''; and
       (B) by adding at the end the following:
       ``(B) Government-wide training standards and 
     certification.--The Administrator, acting through the Federal 
     Acquisition Institute, shall provide and update government-
     wide training standards and certification requirements, 
     including--
       ``(i) developing and modifying acquisition certification 
     programs;
       ``(ii) ensuring quality assurance for agency implementation 
     of government-wide training and certification standards;
       ``(iii) analyzing the acquisition training curriculum to 
     ascertain if all certification competencies are covered or if 
     adjustments are necessary;
       ``(iv) developing career path information for certified 
     professionals to encourage retention in government positions;
       ``(v) coordinating with the Office of Personnel Management 
     for human capital efforts; and
       ``(vi) managing rotation assignments to support 
     opportunities to apply skills included in certification.''; 
     and
       (2) by adding at the end the following new subsection:
       ``(l) Acquisition Internship and Training Programs.--All 
     Federal civilian agency acquisition internship or acquisition 
     training programs shall follow guidelines provided by the 
     Office of Federal Procurement Policy to ensure consistent 
     training standards necessary to develop uniform core 
     competencies throughout the Federal Government.''.
       (d) Expanded Scope of Acquisition Workforce Training 
     Fund.--Section 1703(i) of such title is amended--
       (1) in paragraph (2), by striking ``to support the training 
     of the acquisition workforce of the executive agencies'' and 
     inserting ``to support the activities set forth in section 
     1201(a) of this title''; and
       (2) in paragraph (6), by striking ``ensure that amounts 
     collected for training under this subsection are not used for 
     a purpose other than the purpose specified in paragraph (2)'' 
     and inserting ``ensure that amounts collected under this 
     section are not used for a purpose other than the activities 
     set forth in section 1201(a) of this title''.
       (e) Rule of Construction.--Nothing in this section, or the 
     amendments made by this section, shall be construed to 
     preclude the Secretary of Defense from establishing 
     acquisition workforce policies, procedures, training 
     standards, and certification requirements for acquisition 
     positions in the Department of Defense, as provided in 
     chapter 87 of title 10, United States Code.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Mr. Brown of Massachusetts, and 
        Ms. Landrieu):
  S. 763. A bill to amend the Elementary and Secondary Education Act of 
1965 to require the establishment of teacher evaluation programs; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce the Securing 
Teacher Effectiveness, Leaders, Learning, And Results Act of 2011--the 
STELLAR Student Act, and I am honored to be joined in this bipartisan 
effort by my colleagues Senator Scott Brown and Senator Mary Landrieu. 
The STELLAR Student Act will ensure that all students are taught by 
effective teachers and that all teachers are supported by effective 
principals.
  Teacher and principal effectiveness are critical factors in improving 
student learning and achievement. Research shows that increasing 
teacher quality is one of the most effective and promising strategies 
for improving education in the United States. Some studies show that 
the differences in achievement gains for students who had the most 
effective teachers versus those who had the least effective teachers 
were greater than any single influence of class-size, race, socio-
economic status, or parent education. Estimates suggest that the 
difference between having a highly effective teacher versus a highly 
ineffective teacher can be as much as a full year's learning growth.
  Imagine the dire situation for a student who has a highly ineffective 
teacher for multiple years in a row. It is a situation that many 
students experience and potentially never recover from. There are far 
too many ineffective teachers, especially in less affluent urban 
districts. In many cases, due to antiquated hiring and firing protocols 
and policies, those ineffective teachers are keeping innovative young 
teachers from teaching where they are needed most. It is essential that 
we begin to differentiate between those highly effective and highly 
ineffective teachers and principals, especially when it comes to making 
personnel decisions in these challenging economic times.
  The STELLAR Student Act of 2011 aims to encourage States to do just 
that by directing States to develop evaluation systems that consider 
student achievement and classroom observation, and to use those 
evaluations for key personnel decisions including pay, tenure, lay-
offs, and retention.
  To further these goals, the STELLAR Student Act of 2011 would 
specifically direct States to implement a teacher assessment system 
that bases teacher effectiveness predominantly on student academic 
growth and other measures including classroom observations; direct 
States to implement a principal assessment system that bases 
effectiveness predominantly on student academic growth as well as 
improvement in graduation rates, leadership, and successful hiring, 
development, evaluation, and retention of teachers; tie Title 1 funding 
to teacher and principal evaluations that incorporate multiple 
measures, relying predominantly on measures of student academic growth 
and achievement, as well as classroom performance; require that 
evaluations be used to inform key personnel decisions including tenure, 
compensation, and layoffs in the event of any reduction in force; 
encourage input from teachers and principals in the development and 
improvement of evaluations; and encourage improved targeting of 
professional development based on these evaluations.
  The STELLAR Student Act addresses the fact that current teacher and 
principal evaluation systems are inadequate. Evaluation measures for 
teachers are not strongly linked to their ability to teach. In fact, 
seniority, not effectiveness, is often the single indicator used for 
making teacher personnel decisions. Some studies show that less than 1 
percent of teachers are identified as unsatisfactory even though we 
know many more than 1 percent falls into this category. This also means 
that our most effective teachers are lumped together with less 
effective teachers and are not recognized for their exceptional work.
  It is time to rethink conventional measures of teacher qualifications 
such as advanced degrees, traditional

[[Page S2274]]

credentialing, and years of experience as measures of teacher quality, 
and focus instead on actual measures of teacher effectiveness, such as 
student academic growth. Indeed, many States are looking for ways to 
tie teacher performance to student achievement and then use this 
information to inform personnel decisions. The STELLAR Student Act will 
help States do just that.
  Although we believe it is important to hold teachers and principals 
accountable for student achievement, teachers and principals are 
certainly not the problem--they are an essential part of the solution. 
This bill asks for input from teachers and principals in designing and 
improving assessment systems, recognizes the importance of observation 
and other ongoing formative assessments, highlights the need for 
meaningful professional development, and asks States to duly recognize 
those effective teachers and leaders. The STELLAR Student Act also 
encourages school districts to assist low performing teachers by 
setting up targeted remediation and improvement plans.
  Many teachers and parents also recognize and support the need for 
effective teacher evaluation linked to student performance. In a recent 
survey, 69 percent of teachers and 92 percent of parents support 
measuring teacher effectiveness based on student growth. In addition, 
most teachers--approximately 80 percent--and parents--approximately 96 
percent--also believe that giving schools more ability to remove 
teachers who are not serving students well should be another priority. 
From the same survey, teachers in schools with high proportions of low-
income students, high proportions of minority students, and those in 
urban or rural schools are more likely than other teachers to say that 
using measurements of teacher effectiveness that are based in 
significant part on student growth is something that must be done. 
Those same teachers are also more likely to say that giving schools 
greater ability to remove teachers who are not serving students well is 
something that must be done.
  The Administration and many States are already moving in the 
direction of increased accountability and effective teacher and 
principal assessments. As the President said in the State of the Union 
``we do want to reward good teachers and stop making excuses for the 
bad ones.'' A number of States, many of which are leaders in education 
reform, are exploring ways to hold teachers and principals more 
accountable along with rethinking ideas around tenure and the long 
standing last-in-first-out policies.
  Whether your concern is that our students rank behind 30 other 
countries in math, that 1.2 million students drop out of school each 
year, or that an unacceptable achievement gap still persists for our 
low income and minority students, all of us must act on the urgent need 
to put forth a strong bipartisan effort to fix our education system. 
The reauthorization of the Elementary and Secondary Education Act, long 
overdue, affords us the opportunity. We must work across the aisle to 
fix what is broken in the current education law. We hope the STELLAR 
Student Act will be considered in the context of the ESEA rewrite, to 
ensure effective teachers and principals for every child and every 
school. Our colleagues in the House have introduced a similar bill, and 
I urge my colleagues in the Senate to support the STELLAR Student Act 
of 2011.
  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. 763

       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 ``Securing Teacher 
     Effectiveness, Leaders, Learning, And Results Act'' or the 
     ``STELLAR Student Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Effective teachers and principals are the backbone of 
     our schools and the key to successful students.
       (2) Teachers and principals deserve our full support as 
     they take on one of the most important and most challenging 
     responsibilities--educating our children.
       (3) Research shows that high-quality and effective teaching 
     is the single most important school-based factor impacting 
     student learning.
       (4) High-quality evaluations that provide meaningful 
     feedback are a crucial element in giving educators the 
     support they need to help students achieve at high levels.
       (5) Teachers and principals also deserve access to high-
     quality professional development opportunities.
       (6) Constructive feedback specifying areas for improvement 
     could be useful to both teachers and principals.
       (7) Although research also suggests that quality teacher 
     evaluations are an important tool in improving teacher 
     performance, for many teachers, the current evaluation 
     systems do not provide useful feedback that would help the 
     teachers improve and grow as instructors.
       (8) In formal studies, including research highlighted in 
     ``The Widget Effect'', nearly 75 percent of teachers reported 
     that they have not received specific suggestions on how to 
     improve classroom practices in annual evaluations.
       (9) Across all local educational agencies, only 43 percent 
     of teachers, including novice teachers who may benefit the 
     most from suggestions, report that current evaluations 
     systems help them.
       (10) Research also shows that school leadership quality is 
     second only to teacher quality among school-related factors 
     that impact student learning.
       (11) Strong school leadership is a key determinant of 
     whether schools can attract and retain effective teachers. 
     Principals set the direction and the vision for a school.
       (12) Effective teachers and principals also deserve to be 
     recognized for excellence and receive commendations in areas 
     of strong performance and significant improvement.
       (13) High-quality teacher and principal evaluations have 
     the potential to be a powerful tool and should play a 
     significant role in improving the public education system.
       (14) Teachers and principals should provide input and 
     contribute directly to designing, implementing, and improving 
     evaluation systems in their school districts.
       (15) Students and parents deserve effective teachers and 
     inspirational principals who are performing to the best of 
     their ability and who are helping to close achievement gaps 
     and raise student achievement.

     SEC. 3. ROBUST TEACHER AND PRINCIPAL EVALUATIONS.

       (a) Teacher and Principal Evaluations.--Section 1111(a) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(a)) is amended by adding at the end the following:
       ``(3) Report on teacher and principal evaluations.--For any 
     State desiring to receive a grant under this part, the State 
     educational agency shall submit to the Secretary not later 
     than 1 year after the date of enactment of the Securing 
     Teacher Effectiveness, Leaders, Learning, And Results Act, a 
     report on--
       ``(A) the system in the State of evaluating teachers' and 
     principals' performance; and
       ``(B) how such evaluation factors into decisions on tenure, 
     compensation, promotion, and dismissals of teachers and 
     principals.''.
       (b) Teacher and Principal Evaluations.--Section 1111(b) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)) is amended by adding at the end the following:
       ``(11) Robust teacher and principal evaluations.--
       ``(A) In general.--Not later than 4 years after the date of 
     enactment of the Securing Teacher Effectiveness, Leaders, 
     Learning, And Results Act, each State shall carry out the 
     following:
       ``(i) Establish, after taking input from teachers and 
     principals, a statewide definition of teacher and principal 
     effectiveness that includes not less than 4 levels of 
     performance ratings for teachers and for principals, 
     including an effective rating and a highly effective rating, 
     based on such definitions.
       ``(ii) Demonstrate that the State has developed, after 
     taking input from teachers and principals, a model teacher 
     and principal evaluation program under which--

       ``(I) individuals in charge of administering teacher and 
     principal evaluations within each local educational agency in 
     the State are provided rigorous training on how to conduct 
     the teacher and principal evaluations, including--

       ``(aa) how to provide specific feedback about improving 
     teaching and principal practice based on evaluation results; 
     and
       ``(bb) how to evaluate teachers and principals using the 
     performance ratings described in clause (i) and established 
     under subparagraphs (B)(iii) and (C)(viii);

       ``(II) a teacher or principal who is evaluated is provided, 
     based on the evaluation results, professional development 
     opportunities that meet the specific needs identified for the 
     teacher or principal;
       ``(III) measures are taken to ensure that any personally 
     identifiable information of teachers and principals is not 
     publicly disclosed, except as required to comply with the 
     reporting requirements of paragraph (1)(C)(ix), and clauses 
     (i)(III) and (ii)(III) of paragraph (2)(B), of section 
     1111(h);
       ``(IV) regular monitoring and assessment of the quality, 
     reliability, validity, fairness, consistency, and objectivity 
     of the evaluation program and the evaluators' judgments takes 
     place within and across local educational agencies in the 
     State;

[[Page S2275]]

       ``(V) each teacher's performance is evaluated in accordance 
     with subparagraph (B);
       ``(VI) each principal's performance is evaluated in 
     accordance with subparagraph (C);
       ``(VII) on the basis of the evaluation, each teacher or 
     principal receives--

       ``(aa) a performance rating, as described in clause (i), 
     that is based on multiple measures;
       ``(bb) in the case of a teacher--
       ``(AA) in a grade level and subject area with a statewide 
     assessment, a measure of student learning gains that is 
     comparable across the State for all teachers in grade levels 
     and subject areas with a statewide assessment; or
       ``(BB) in a grade level and subject area without a 
     statewide assessment, a measure of student learning gains 
     that is comparable across the local educational agency for 
     all teachers in grade levels and subject areas without a 
     statewide assessment;
       ``(cc) ongoing formative feedback and specific 
     recommendations on areas for professional improvement, which 
     includes an identification of areas in which the teacher or 
     principal can strengthen practices to improve student 
     learning;
       ``(dd) a measure of student academic growth with respect to 
     the State's academic standards of the school's students, 
     including students in each of the subgroups described in 
     paragraph (2)(C)(v)(II);
       ``(ee) commendations for excellence in areas of strong 
     performance and in areas of significant improvement; and
       ``(ff) in the case of a teacher or principal who is 
     identified as being in 1 of the lowest 2 performance ratings 
     described in clause (i), a 1-year comprehensive remediation 
     plan;

       ``(VIII) evaluation results are used as the principal 
     factor in informing all key personnel and staffing decisions, 
     including retention, dismissal, promotion, compensation, and 
     tenure;
       ``(IX) evaluation results are the primary factor used in 
     determining layoffs during any reduction in force;
       ``(X) any teacher or principal who receives 1 of the lowest 
     2 performance ratings and does not successfully improve 
     performance on an evaluation after completing the 
     comprehensive remediation plan as required under subclause 
     (VII)(ff) is prohibited from working in any elementary school 
     or secondary school served under this part;
       ``(XI) any teacher or principal who receives the lowest 
     performance rating for 3 consecutive years is subject to 
     dismissal;
       ``(XII) evaluation results are used to ensure that low-
     income students and students of color are not assigned at 
     higher rates than other students to classes in core academic 
     subjects taught by teachers who have received 1 of the 2 
     lowest evaluation rates in their most recent evaluation; and
       ``(XIII) a system is implemented under which each teacher 
     and principal is evaluated at least annually.

       ``(iii) Demonstrate that each local educational agency in 
     the State has adopted a local educational agency-wide teacher 
     and principal evaluation program that--

       ``(I) was developed after seeking input from teachers and 
     principals;
       ``(II) meets the standards for validity and reliability 
     developed by the State; and
       ``(III) meets the minimum requirements set forth in clause 
     (ii).

       ``(iv) Demonstrate that each local educational agency in 
     the State is seeking input from teachers and principals to 
     make improvements to the evaluation program on an annual 
     basis.
       ``(v) Submit, on a regular basis, to the Secretary a review 
     of the teacher and principal evaluation systems used by the 
     local educational agencies in the State, including--

       ``(I) comparing the teacher and principal evaluation 
     results, for each local educational agency and each such 
     agency's schools, against the student academic achievement 
     and student academic growth in all local educational agencies 
     in the State and all schools served by such local educational 
     agencies;
       ``(II) assessing the extent to which each local educational 
     agency's existing system demonstrates meaningful 
     differentiation among teacher performance levels and among 
     principal performance levels; and
       ``(III) comparing implementation and results across local 
     educational agencies' evaluation systems to ensure--

       ``(aa) comparability across the State in implementation of 
     such systems; and
       ``(bb) that such systems meet the State's criteria or 
     definitions for each of the terms described in clause (i).
       ``(vi) Provide technical assistance to improve an agency's 
     teacher and principal evaluation system so that the system 
     provides meaningful differentiation and is aligned with 
     student academic achievement and student growth results in 
     the agency and in each of the agency's schools.
       ``(vii) Establish a timeline for implementation that--

       ``(I) ensures that measures of student academic growth, as 
     described in subparagraphs (B)(i) and (C)(i), are developed 
     not later than 2 years after the date of enactment of the 
     Securing Teacher Effectiveness, Leaders, Learning, And 
     Results Act;
       ``(II) ensures evaluation systems that meet the 
     requirements of subparagraphs (B) and (C) are implemented 
     statewide by not later than 3 years after the date of 
     enactment of such Act, except that such systems shall not 
     have to meet the requirements under subclauses (VIII) through 
     (XII) of clause (ii); and
       ``(III) ensures evaluation systems that meet all the 
     requirements of this paragraph are fully implemented 
     statewide by not later than 4 years after the date of 
     enactment of such Act.

       ``(viii) Submit to the Secretary an annual report on 
     implementation of the State plan under this section and on 
     meeting the timelines required under this section.
       ``(ix) Publish a report each year showing the average 
     estimate of teacher impact on student growth for each of the 
     performance ratings described in clause (i).
       ``(B) Requirements for teacher evaluations.--The evaluation 
     of a teacher's performance shall comply with the following 
     minimum requirements:
       ``(i) Student academic growth.--The predominant factor of 
     the evaluation is student academic growth with respect to the 
     State's academic standards, as measured by--

       ``(I) student learning gains on the State's academic 
     assessments established under paragraph (3) or, for grades 
     and subjects not covered by the State's academic assessments, 
     another valid and reliable assessment of student academic 
     achievement, as long as the assessment is used consistently 
     by the local educational agency in which the teacher is 
     employed for the grade or class for which the assessment is 
     administered; and
       ``(II) if available, value-added measures that track 
     individual student academic growth while under the 
     instruction of the teacher.

       ``(ii) Observations of teacher performance.--A portion of 
     the evaluation is based on observations of the teacher's 
     performance in the classroom by not less than 1 trained and 
     objective observer--

       ``(I) that take place on not less than 2 occasions during 
     the school year the teacher is being evaluated; and
       ``(II) under which--

       ``(aa) a teacher is evaluated against a rigorous rubric 
     that defines multiple performance categories in alignment 
     with the State's professional standards for teachers; and
       ``(bb) observation ratings meaningfully differentiate among 
     teachers' performance and bear a relationship to evidence of 
     student academic growth with respect to the State's academic 
     standards.
       ``(iii) Meaningful differentiation.--The evaluation 
     provides performance ratings that meaningfully differentiate 
     among teacher performance using the performance ratings and 
     levels described in subparagraph (A)(i).
       ``(iv) Comparability of student gains.--The evaluation 
     provides a measure of student learning gains that is 
     comparable across the State for all teachers in grade levels 
     and subject areas with a statewide assessment.
       ``(v) Comparability of results.--The evaluation provides 
     results that are comparable, at a minimum, across all 
     teachers within a grade level or subject area in the local 
     educational agency in which the teacher is employed.
       ``(C) Requirements for principal evaluations.--The 
     evaluation of the performance of a principal of a school 
     shall comply with the following minimum requirements:
       ``(i) Student academic growth.--The predominant factor of 
     the evaluation is student academic growth with respect to the 
     State's academic standards of the school's students, 
     including students in each of the subgroups described in 
     paragraph (2)(C)(v)(II).
       ``(ii) Graduating rates.--For a principal of a secondary 
     school, a portion of the evaluation is based on improvements 
     in the school's graduation rates.
       ``(iii) Support of effective teachers.--A portion of the 
     evaluation is based on the recruitment, development, 
     evaluation, and retention of effective teachers.
       ``(iv) Leadership abilities.--A portion of the evaluation 
     is based on the leadership abilities of the principal, as 
     measured by observations of the principal and other relevant 
     data evaluated against a rigorous rubric that defines 
     multiple performance categories in alignment with the State's 
     professional standards for principals.
       ``(v) Student attendance rates.--A portion of the 
     evaluation is based on student attendance rates, as 
     calculated by the State or local educational agency.
       ``(vi) Content of observation ratings.--The observations 
     described in clause (iv) provide observation ratings that--

       ``(I) meaningfully differentiate among principals' 
     performance; and
       ``(II) bear a strong relationship to evidence of student 
     academic growth with respect to the State's academic 
     standards.

       ``(vii) Description of leadership abilities.--The 
     leadership abilities referred to in clause (iv) include the 
     ability of the principal to--

       ``(I) create a shared and coherent schoolwide direction and 
     policy for achieving high levels of student academic growth 
     and closing achievement gaps among students;
       ``(II) identify and implement the activities and rigorous 
     curriculum necessary for achieving high levels of student 
     academic growth;
       ``(III) create opportunities for the community and families 
     of students to engage positively with school administrators 
     and staff;
       ``(IV) support positive learning environments for students;
       ``(V) cultivate a positive and collaborative work 
     environment for school faculty and staff;
       ``(VI) collect, analyze, and utilize data and other 
     tangible evidence of student learning

[[Page S2276]]

     and evidence of classroom practice to guide decisions and 
     actions for continuous improvement and to ensure performance 
     accountability;
       ``(VII) effectively oversee and manage a teacher evaluation 
     program that provides individualized feedback; and
       ``(VIII) have strong organizational management of a school, 
     including sound budget and personnel practices.

       ``(viii) Meaningful differentiation.--The evaluation 
     provides performance ratings that meaningfully differentiate 
     among principal performance using the performance ratings and 
     levels described in subparagraph (A)(i).
       ``(ix) Comparability of results.--The evaluation provides 
     results that are comparable across all principals within the 
     local educational agency in which the principal is 
     employed.''.
       (c) Additional State Plan Requirements.--Section 
     1111(b)(8)(C) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6311(b)(8)(C)) is amended by inserting 
     ``or teachers who received a performance rating under the 
     evaluation system described in paragraph (11) that is below 
     the effective level'' after ``teachers''.
       (d) Evaluation Clearinghouse.--Section 1111(j) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(j)) is amended--
       (1) by striking ``Assistance.--The'' and inserting the 
     following: Assistance; Clearinghouse on Evaluation Systems--
       ``(1) Technical Assistance.-- The''; and
       (2) by adding at the end the following:
       ``(2) Clearinghouse.--The Secretary shall establish a 
     clearinghouse in the Department to share the best practices 
     relating to teacher and principal evaluation, including best 
     practices and other information based on the reports 
     described in subsection (a)(3), the evaluation reviews 
     described in subsection (a)(11)(A)(v), and any other reports 
     addressing teacher and principal evaluation that are required 
     under this Act, with other educators.''.

     SEC. 4. PUBLIC REPORTING.

       Section 1111(h) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(h)) is amended--
       (1) in paragraph (1)(C)--
       (A) in clause (vii), by striking ``and'' after the 
     semicolon;
       (B) in clause (viii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(ix) for each performance rating described in subsection 
     (a)(11)(A)(i), the number and percentage of teachers, and the 
     number and percentage of principals, who received such 
     performance rating, for--

       ``(I) the State overall;
       ``(II) the highest poverty and lowest poverty local 
     educational agencies; and
       ``(III) the highest minority and lowest minority local 
     educational agencies.'';

       (2) in paragraph (2)(B)--
       (A) in clause (i)--
       (i) in subclause (I), by striking ``and'' after the 
     semicolon; and
       (ii) by adding at the end the following:

       ``(III) for each performance rating described in subsection 
     (a)(11)(A)(i), the number and percentage of teachers, and the 
     number and percentage of principals, who received such 
     performance rating, for--

       ``(aa) the local educational agency overall;
       ``(bb) the highest poverty and lowest poverty schools; and
       ``(cc) the highest minority and lowest minority schools; 
     and''; and
       (B) in clause (ii)--
       (i) in subclause (I), by striking ``and'' after the 
     semicolon;
       (ii) in subclause (II), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:

       ``(III) for each performance rating described in subsection 
     (a)(11)(A)(i), the number and percentage of teachers at the 
     school that received such performance rating.'';

       (3) in paragraph (4)--
       (A) in subparagraph (F), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (G), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(H) the information required to be reported under 
     paragraphs (1)(C)(ix) and (2)(B)(i)(III).''; and
       (4) by adding at the end the following:
       ``(7) Definitions.--For purposes of this subsection:
       ``(A) Highest minority.--The term `highest minority' when 
     used in relation to a school or local educational agency 
     means a school or local educational agency that is in the 
     highest quartile of schools or local educational agencies 
     statewide in terms of the percentage of pupils who are 
     members of ethnic or racial minority groups.
       ``(B) Highest poverty.--The term `highest poverty' when 
     used in relation to a school or local educational agency 
     means a school or local educational agency that is in the 
     highest quartile of schools or local educational agencies 
     statewide in terms of the percentage of students who are 
     certified as eligible for free or reduced price lunch under 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1751 et seq.).
       ``(C) Lowest minority.--The term `lowest minority' when 
     used in relation to a school or local educational agency 
     means a school or local educational agency that is in the 
     lowest quartile of schools or local educational agencies 
     statewide in terms of the percentage of pupils who are 
     members of ethnic or racial minority groups.
       ``(D) Lowest poverty.--The term `lowest poverty' when used 
     in relation to a school or local educational agency means a 
     school or local educational agency that is in the lowest 
     quartile of schools or local educational agencies statewide 
     in terms of the percentage of students who are certified as 
     eligible for free or reduced price lunch under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
       ``(E) Student academic growth.--The term `student academic 
     growth' means the change in a student's achievement between 2 
     or more points in time, as measured through an approach that 
     is statistically rigorous and appropriate for the knowledge 
     and skills being measured.''.

     SEC. 5. RECOGNITION OF LOCAL EDUCATIONAL AGENCIES.

       The Secretary of Education shall, based on the information 
     received from each local educational agency report card under 
     section 1111(h)(2)(B)(i)(III) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(h)(2)(B)(i)(III)), 
     recognize and provide commendations to each local educational 
     agency that implements or has implemented innovative, high-
     quality, and effective teacher or principal evaluation 
     programs that lead to professional development and improved 
     student performance.

     SEC. 6. REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Education shall prepare and submit a 
     report to Congress that--
       (1) identifies any unnecessary or duplicative education-
     related reporting requirements and regulations facing States 
     and local educational agencies as a result of the amendments 
     made by this Act to section 1111 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311); and
       (2) includes the Secretary's recommendations regarding 
     streamlining or eliminating the requirements regarding highly 
     qualified teachers under sections 1119 and 9101(23) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6319, 7801(23)) after the teacher evaluation system required 
     under section 1111 of such Act (20 U.S.C. 6311), as amended 
     by this Act, is fully implemented.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 764. A bill to amend the Wild and Scenic Rivers Act to make 
technical corrections to the segment designations for the Chetco River, 
Oregon; to the Committee on Energy and Natural Resources.
  Mr. WYDEN. Mr. President, part of my job as a Senator from a 
beautiful State like Oregon is to keep that beauty protected for the 
next generation of Oregonians. Today it is my pleasure to reintroduce 
three bills to better protect three of Oregon's special natural 
resources, S. 764, 765, and 766. I have introduced all of these bills 
before, one of these in both of the last two Congresses. The Oregon 
Caves Revitalization Act of 2011 was first introduced in 2008, and 
again in the last Congress. It progressed out of the Energy and Natural 
Resources Committee in the last Congress but unfortunately there wasn't 
an opportunity to vote on it on the Senate Floor. The Devil's Staircase 
Wilderness Act of 2011 also moved out of the Committee but failed to 
get a vote in the full Senate. The Chetco River Protection Act of 2011 
was also introduced last session, but there was not enough time to get 
a hearing before the Senate adjourned. I am pleased to again introduce 
these bills with my colleague from Oregon, Senator Merkley. My 
colleague in the House of Representatives, Representative DeFazio, will 
also be introducing companion legislation today.
  The first bill I am introducing, the Oregon Caves Revitalization Act 
of 2011, will expand the boundary of the National Park Service land to 
create the Oregon Caves National Monument and Preserve. Under this 
bill, the stunning majesty of both the underground and the aboveground 
treasures found at this National Monument site will be protected for 
future generations.
  Established by a Presidential Proclamation in 1909, the Oregon Caves 
National Monument is a 480-acre natural wonder located in the 
botanically-rich Siskiyou Mountains. It was originally set aside 
because of its unusual scientific interest and importance. Oregon Caves 
has a unique geologic history and is particularly known as the longest 
marble cave open to the public west of the Continental Divide.
  A perennial stream, the ``River Styx''--an underground portion of 
Cave Creek--flows through part of the cave and is one of the dynamic 
natural forces at work in the National Monument. The cave ecosystem 
provides habitat for numerous plants and animals, including some state-
sensitive species such as Townsend's big-eared

[[Page S2277]]

bats and several cave-adapted species of arthropods found only in only 
one place on Earth: the Oregon Caves. The caves possess a significant 
collection of Pleistocene aged fossils, including jaguar and grizzly 
bear. In 1995, grizzly bear bones found in the cave were estimated to 
be at least 50,000 years old, the oldest known from either North or 
South America.
  Today, I am proposing legislation that will enhance the protection 
for treasures such as these found within the Oregon Caves National 
Monument and that will increase public recreation opportunities by 
adding surrounding lands to the National Park Service site. My bill 
would expand the park site by 4,070 acres to include the entire Cave 
Creek Watershed, and transfer management of the land from the United 
States Forest Service to the National Park Service. The newly acquired 
lands will be designated as a Preserve so that hunters can still use 
them. In addition, my legislation would designate at least 9.6 miles of 
rivers and tributaries as Wild, Scenic, or Recreational, under the 
federal Wild and Scenic Rivers Act, including the first subterranean 
Wild and Scenic River, the River Styx. This bill would also authorize 
the retirement of existing grazing allotments.

  When the Oregon Caves National Monument was established in 1909, the 
focus was on the unique subsurface resources, and the small rectangular 
boundary was thought to be adequate to protect the cave. Through the 
years, however, scientific research and technology have provided new 
information about the cave's ecology, and the impacts from the surface 
environment and the related hydrological processes. The current 480-
acre boundary simply can't adequately protect this cave system. The 
National Park Service has formally proposed a boundary modification 
numerous times, first in 1939, again in 1949, and most recently in 
2000. Today, I am happy to again propose legislation to enact that 
boundary adjustment into law.
  The Oregon Caves National Monument makes a unique contribution to 
Southern Oregon's economy and to the national heritage. The Monument 
receives over 80,000 visitors annually and a larger Monument boundary 
will help showcase more fully the recreational opportunities on the 
above-ground lands within the proposed Monument boundary. The 
Monument's above-ground lands in the Siskiyou Mountains possess a 
beauty and diversity that is unique in America, and indeed the world. 
The Oregon Caves National Monument's approximately 500 plants, 5,000 
animals, 2,000 fungi, and over a million bacteria per acre that make 
the spot have one of the highest concentrations of biological diversity 
anywhere.
  Expanding the Monument's boundary will also preserve the caves' 
resources by protecting the water that enters the cave. By granting the 
National Park Service the ability to safeguard these resources, and by 
providing for a voluntary donation of grazing permits, my legislation 
will be able to better protect these resources. Over the decades, the 
number of allowed livestock has diminished, but the livestock still has 
an impact on the drinking water supply and the water quality of this 
natural gem. The current grazing permitee, Phil Krouse's family, has 
had the Big Grayback Grazing Allotment, 19,703 acre, since 1937. Mr. 
Krouse has publicly stated that he would look favorably upon retirement 
with private compensation for his allotment, which my legislation will 
allow to proceed.
  The second bill I am introducing is the Devil's Staircase Wilderness 
Act of 2011, which designates approximately 30,540 acres surrounding 
the Wasson Creek area as Wilderness. Devil's Staircase personifies what 
Wilderness in Oregon is all about. It is rugged, wild, pristine and 
remote. So rugged, in fact, that land managers have repeatedly 
withdrawn this landslide-prone forest from all timbering activity and 
intrepid hikers must follow elk and deer trails and keep a sharp eye on 
a compass. The proposed Devil's Staircase Wilderness is the finest old-
growth forest remaining in Oregon's Coast Range, boasting huge Douglas-
fir, cedar and hemlock and a wealth of threatened and endangered 
species. Wildlife include threatened marbled murrelets and the highest 
density of Northern Spotted Owls in the coastal mountains.
  My proposal would not only protect the forests surrounding Wasson 
Creek but would also designate approximately 4.5 miles of Franklin 
Creek and approximately 10.1 miles of Wasson Creek as Wild and Scenic 
Rivers. Franklin Creek, a critically important tributary to the Umpqua 
River, is one of the best examples of pristine salmon habitat left in 
Oregon. Together with Wasson Creek, these two streams in the Devil's 
Staircase area deserve Wild and Scenic River designation by Congress.
  The ecological significance of this treasure is apparent. The land is 
protected as a Late-Successional Reserve by the Northwest Forest Plan, 
as critical habitat for the northern spotted owl, and as an Area of 
Critical Environmental Concern by the Bureau of Land Management. 
Preserving these majestic forests as Wilderness for their wildlife and 
spectacular scenery matches the goals of the existing land management 
plans. I look forward to protecting this gem for future generations.
  For over a decade, I've advocated for protections for the Chetco and 
other threatened waterways in Southwest Oregon. I'm reintroducing a 
third piece of legislation today that would continue that effort. The 
Chetco River Protection Act of 2011 would withdraw about three miles of 
the Chetco River from mineral entry, while upgrading the designations 
for some portions.
  This river is under immediate threat from out-of-state suction dredge 
miners. The group American Rivers said last year that the Chetco was 
the seventh most endangered river in the country because of those 
threats. This is a river that is hugely important for salmon habitat 
and local sport fishing. The passage of this legislation would mean 
protecting that habitat, and promoting the continued success of the 
fishing industry throughout the West Coast.
  Withdrawing these portions of the river from future mineral entry 
will prevent future harmful mining claims and make sure that those 
claims that already exist are valid I am pleased the Obama 
administration has taken some steps to protect this area, but the 
passage of this legislation is needed to ensure long-term protection 
for this important river.
  Finally, I want to express my thanks to the conservation, recreation 
and business communities of Southern and Coastal Oregon, and Phil 
Krouse for his strong conservation ethic. All of them have worked 
diligently to protect these special places. I look forward to working 
with Senator Merkley, Representative DeFazio, and other colleagues and 
the bill's other supporters to keep up the fight for these unique 
places in Oregon and get these pieces of legislation to the President's 
desk for his signature.
                                 ______
                                 
      By Mr. HARKIN:
  S. 767. A bill to improve the calculation of, the reporting of, and 
the accountability for, secondary school graduation rates; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. HARKIN. Mr. President, in today's rapidly changing, global 
knowledge-based economy, making sure that all students graduate from 
high school is more important than ever. A high school diploma opens 
the doors to postsecondary education and workforce development 
programs, which lead to jobs that pay family-sustaining wages. The 
bottom line is that a high school diploma is no longer an option--it is 
an essential education credential that all Americans need to have in 
order to successfully compete in the workforce. Yet, for far too many, 
a high school diploma is still out of reach. According to researchers 
at Johns Hopkins University, one out of every three students who enters 
the ninth grade fails to graduate from high school within 4 years. An 
estimated 12 million students will drop out of school during the next 
decade, costing the Nation more than $3 trillion in forgone revenues 
and increased social service costs.
  When Congress passed the No Child Left Behind Act in 2001, we 
required that accountability determinations for high schools include 
graduation rates. However, the law did not require States to use a 
common formula for calculating graduation rates nor did it set 
graduation rate goals for high schools. As a result, states created 
different calculations that have led to inconsistent and inaccurate 
reporting of

[[Page S2278]]

graduation rates. Without transparency, we cannot know the full extent 
of our Nation's dropout crisis, hold schools accountable, or design 
effective solutions.
  That is why I am pleased to introduce the Every Student Counts Act, 
which my colleague Rep. Bobby Scott will introduce in the House today. 
This legislation will ensure the accurate calculation and reporting of 
high school graduation rates, and will hold States, districts, and 
schools accountable for ensuring that all students graduate with a high 
school diploma.
  The Every Student Counts Act builds upon steps taken by all 50 States 
and the Department of Education to ensure more accurate calculations of 
and reporting of high school graduation rates.
  Four years into the implementation of the No Child Left Behind Act, 
State leaders recognized the need for consistent graduation rate 
calculations and governors from all 50 States joined together in 2005 
to call for a uniform graduation rate across the States. This 
leadership from the States was crucial in calling attention to the 
problem of inaccurate graduation rate calculations and formed the basis 
for action. In 2008, the U.S. Department of Education built on the 
governors' laudable work and issued regulations that require states to 
use a single, accurate graduation rate calculation and to set 
graduation rate goals and annual growth targets.

  The 2008 regulations were an important step in the right direction, 
but they need to be improved and codified so that states, districts, 
and schools no longer have to rely solely on regulations that could be 
reversed. The Every Student Counts Act codifies key pieces of the 
regulations while making improvements where necessary. Specifically, 
this act sets a uniform graduation rate goal of 90 percent and requires 
schools that do not meet this goal to improve their graduation rate 
annually by three percentage points. Additionally, this act builds upon 
the States' and the Department of Education's graduation rate 
calculation work by giving credit to schools for students who graduate 
in more than 4 years through a cumulative graduation rate calculation, 
while maintaining the expectation that all students graduate within 4 
years.
  This legislation will bring transparency and accountability to 
schools across the Nation to help them provide all students with the 
high school diploma they need to have a chance to succeed in 
postsecondary education and the global economy.
  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. 767

       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 ``Every Student Counts Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) In order for the United States to retain a competitive 
     edge in the world economy, it is essential that youth in the 
     United States be prepared for the jobs of today and for the 
     jobs of the future. Such jobs increasingly require 
     postsecondary education, and according to a 2008 Department 
     of Labor report, almost 90 percent of the fastest growing and 
     best paying jobs require some postsecondary education.
       (2) Individuals without a regular secondary school diploma 
     experience higher rates of unemployment, incarceration, 
     poverty, and receipt of public assistance than individuals 
     with a regular secondary school diploma.
       (3) According to the 2009 Center for Public Education 
     report ``Better late than never? Examining late high school 
     graduates'', on-time graduation with a regular secondary 
     school diploma leads to the best outcomes for students, but 
     students who graduate late with a regular secondary school 
     diploma are still more likely to earn an associate or a 
     baccalaureate degree, to be employed full-time, and to obtain 
     a job with retirement benefits and health insurance than are 
     either students who drop out of secondary school or students 
     who receive a GED.
       (4) About 1,300,000 secondary school students, which is 
     approximately \1/3\ of all secondary school students in the 
     United States, fail to graduate with their peers every year. 
     According to the Department of Education, the United States 
     secondary school graduation rate is only 75 percent.
       (5) The graduation rates for historically disadvantaged 
     minority groups are far lower than that of their White peers. 
     Little more than half of all African-American and Hispanic 
     students finish secondary school on time with a regular 
     secondary school diploma, while more than \3/4\ of White 
     students finish secondary school on time with a regular 
     secondary school diploma.
       (6) Nearly 2,000 secondary schools (about 12 percent of all 
     secondary schools in the United States) produce about half of 
     the Nation's secondary school dropouts. In these schools, the 
     number of seniors is routinely 60 percent or less than the 
     number of freshmen 3 years earlier. While 34 percent of the 
     Nation's African-American students and nearly 28 percent of 
     Latino students attend these ``dropout factories'', only 16 
     percent of White students do.
       (7) The average gap between State-reported graduation rates 
     and independently-reported graduation rates is approximately 
     11 percent.
       (8) In 2005, all 50 of the Nation's Governors signed the 
     National Governors Association's Graduation Rate Compact, 
     pledging to use a common, accurate graduation rate.
       (9) In 2008, the Secretary of Education released final 
     regulations that also require States to report a common 
     graduation rate calculation. However, since the Department of 
     Education did not specify in the regulations what graduation 
     rate goals and growth targets are appropriate and how States 
     should include 4-year rates and extended year rates in 
     calculating adequate yearly progress, it is necessary to 
     clarify these goals, targets and rates in order to create a 
     meaningful Federal accountability system for secondary 
     schools.
       (10) State-set targets to make adequate yearly progress 
     under the Secretary of Education's 2008 regulations are 
     numerous in type and varied in aggressiveness. Twenty-eight 
     States have set a graduation rate goal of less than 90 
     percent. At least 8 States have set status targets that do 
     not take into consideration progress toward the State-set 
     goal. Furthermore, only 2 of the 9 States that include 
     extended year rates in measures of adequate yearly progress 
     do so in a way that places a priority on graduating students 
     within 4 years.
       (11) The most accurate graduation rate calculations rely on 
     high-quality longitudinal data systems that track individual 
     student data from the time a student enters kindergarten 
     through the time such student finishes 12th grade. Forty-
     eight States plan to have data systems that will provide 
     secondary school data that will allow such States to use the 
     graduation rate formula specified in the Department of 
     Education's 2008 final regulations not later than the 2011-
     2012 school year.
       (12) An accountability system with meaningful graduation 
     rate goals--
       (A) holds schools, school districts, and States responsible 
     for both student achievement and outcomes; and
       (B) ensures that low-performing students are not 
     unnecessarily held back or encouraged to leave school without 
     a diploma.
       (13) Prior to the 2008 regulations, the amendments to the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) made by the No Child Left Behind Act of 2001 
     (Public Law 107-110) did not require consistent calculations, 
     meaningful goals, or disaggregation of graduation rates. 
     Without clear guidance from the Department of Education, most 
     secondary schools can continue to make adequate yearly 
     progress by making as little as 0.1 percent improvement or 
     less in secondary school graduation rates each year and can 
     do so with a consistent, or even growing, secondary school 
     graduation gap among subgroups of students.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to require consistent calculations and reporting of 
     secondary school graduation rates across schools, school 
     districts, and States;
       (2) to provide educators with critical information about 
     student progress toward secondary school graduation; and
       (3) to ensure meaningful accountability for the improvement 
     of secondary school graduation rates for all students, 
     particularly for poor and minority students.

     SEC. 4. SECONDARY SCHOOL GRADUATION RATES.

       Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended by inserting after section 1111 (20 U.S.C. 6311) the 
     following:

     ``SEC. 1111A. SECONDARY SCHOOL GRADUATION RATES.

       ``(a) Definitions.--In this section:
       ``(1) Adjusted cohort; entering cohort; transferred into; 
     transferred out.--
       ``(A) Adjusted cohort.--Subject to subparagraphs (D)(ii) 
     through (G), the term `adjusted cohort' means the difference 
     of--
       ``(i) the sum of--

       ``(I) the entering cohort; plus
       ``(II) any students that transferred into the cohort in any 
     of grades 9 through 12; minus

       ``(ii) any students that are removed from the cohort as 
     described in subparagraph (E).
       ``(B) Entering cohort.--The term `entering cohort' means 
     the number of first-time 9th graders enrolled in the 
     secondary school 1 month after the start of the secondary 
     school's academic year.
       ``(C) Transferred into.--The term `transferred into' when 
     used with respect to a secondary school student, means a 
     student who--
       ``(i) was a first-time 9th grader during the same school 
     year as the entering cohort; and

[[Page S2279]]

       ``(ii) enrolls after the entering cohort is calculated as 
     described in subparagraph (B).
       ``(D) Transferred out.--
       ``(i) In general.--The term `transferred out' when used 
     with respect to a secondary school student, means a student 
     who the secondary school or local educational agency has 
     confirmed has transferred--

       ``(I) to another school from which the student is expected 
     to receive a regular secondary school diploma; or
       ``(II) to another educational program from which the 
     student is expected to receive a regular secondary school 
     diploma.

       ``(ii) Confirmation requirements.--

       ``(I) Documentation required.--The confirmation of a 
     student's transfer to another school or educational program 
     described in clause (i) requires documentation from the 
     receiving school or program that the student enrolled in the 
     receiving school or program.
       ``(II) Lack of confirmation.--A student who was enrolled, 
     but for whom there is no confirmation of the student having 
     transferred out, shall remain in the cohort as a nongraduate 
     for reporting and accountability purposes under this section.

       ``(iii) Programs not providing credit.--A student enrolled 
     in a GED or other alternative educational program that does 
     not issue or provide credit toward the issuance of a regular 
     secondary school diploma shall not be considered transferred 
     out.
       ``(E) Cohort removal.--To remove a student from a cohort, a 
     school or local educational agency shall require 
     documentation to confirm that the student has transferred 
     out, emigrated to another country, or is deceased.
       ``(F) Treatment of other leavers and withdrawals.--A 
     student who was retained in a grade, enrolled in a GED 
     program, aged-out of a secondary school or secondary school 
     program, or left secondary school for any other reason, 
     including expulsion, shall not be considered transferred out, 
     and shall remain in the adjusted cohort.
       ``(G) Special rule.--For those secondary schools that start 
     after grade 9, the entering cohort shall be calculated 1 
     month after the start of the secondary school's academic year 
     in the earliest secondary school grade at the secondary 
     school.
       ``(2) Alternative educational setting.--The term 
     `alternative educational setting' means--
       ``(A) a secondary school or secondary school educational 
     program that--
       ``(i) is designed for students who are under-credited or 
     have dropped out of secondary school; and
       ``(ii) awards a regular secondary school diploma; or
       ``(B) a secondary school or secondary school educational 
     program designed to issue a regular secondary school diploma 
     concurrently with a postsecondary degree or not more than 2 
     years of postsecondary education credit.
       ``(3) Cumulative graduation rate.--The term `cumulative 
     graduation rate' means, for each school year, the percent 
     obtained by calculating the product of--
       ``(A) the result of--
       ``(i) the sum of--

       ``(I) the number of students who--

       ``(aa) form the adjusted cohort; and
       ``(bb) graduate in 4 years or less with a regular secondary 
     school diploma (which shall not include a GED or other 
     certificate of completion or alternative to a diploma except 
     as provided in paragraph (6)(B)); plus

       ``(II) the number of additional students from previous 
     cohorts who graduate in more than 4 years with a regular 
     secondary school diploma (which shall not include a GED or 
     other certificate of completion or alternative to a diploma 
     except as provided in paragraph (6)(B)); divided by

       ``(ii) the sum of--

       ``(I) the number of students who form the adjusted cohort 
     for that year's graduating class; plus
       ``(II) the number of additional student graduates described 
     in clause (i)(II); multiplied by

       ``(B) 100.
       ``(4) 4-year adjusted cohort graduation rate.--The term `4-
     year adjusted cohort graduation rate' means the percent 
     obtained by calculating the product of--
       ``(A) the result of--
       ``(i) the number of students who--

       ``(I) formed the adjusted cohort 4 years earlier; and
       ``(II) graduate in 4 years or less with a regular secondary 
     school diploma (which shall not include a GED or other 
     certificate of completion or alternative to a diploma except 
     as provided in paragraph (6)(B)); divided by

       ``(ii) the number of students who formed the adjusted 
     cohort for that year's graduating class 4 years earlier; 
     multiplied by
       ``(B) 100.
       ``(5) On-track student.--The term `on-track student' means 
     a student who--
       ``(A) has accumulated the number of credits necessary to be 
     promoted to the next grade, in accordance with State and 
     local educational agency policies;
       ``(B) has a 90 percent or higher school attendance rate;
       ``(C) has failed not more than 1 semester in English or 
     language arts, mathematics, science, or social studies; and
       ``(D) has failed not more than any 2 credit-bearing 
     courses.
       ``(6) Regular secondary school diploma.--
       ``(A) In general.--The term `regular secondary school 
     diploma' means the standard secondary school diploma awarded 
     to the preponderance of students in the State that is fully 
     aligned with State standards, or a higher diploma. Such term 
     shall not include GEDs, certificates of attendance, or any 
     lesser diploma award.
       ``(B) Special rule.--For a student who has a significant 
     cognitive disability and is assessed using an alternate 
     assessment aligned to an alternate achievement standard, 
     receipt of a regular secondary school diploma or a State-
     defined alternate diploma aligned with completion of the 
     student's right to a free and appropriate public education 
     under the Individuals with Disabilities Education Act shall 
     be counted as graduating with a regular secondary school 
     diploma for the purposes of this section, except that not 
     more than 1 percent of students served by the State or local 
     educational agency, as appropriate, shall be counted as 
     graduates with a regular secondary school diploma under this 
     subparagraph.
       ``(7) Under-credited student.--The term `under-credited 
     student' means a secondary school student who is a year or 
     more behind in the expected accumulation of credits or 
     courses toward an on-time graduation as determined by the 
     relevant local educational agency's and State educational 
     agency's secondary school graduation requirements for an on-
     time graduation.
       ``(b) Calculating and Reporting Accurate Graduation 
     Rates.--
       ``(1) Calculating graduation rates.--Not later than school 
     year 2011-2012, and every school year thereafter, each State 
     educational agency and local educational agency that is 
     assisted under this part shall calculate, using a statewide 
     longitudinal data system with individual student identifiers 
     for each school served by the State or local educational 
     agency, as the case may be--
       ``(A) the 4-year adjusted cohort graduation rate; and
       ``(B) the cumulative graduation rate.
       ``(2) Calculation at school, lea, and state levels; 
     disaggregation and cross tabulation.--The 4-year adjusted 
     cohort graduation rate and the cumulative graduation rate 
     shall be calculated at the school, local educational agency, 
     and State levels in the aggregate and disaggregated and cross 
     tabulated by race, ethnicity, gender, disability status, 
     migrant status, English proficiency, and status as 
     economically disadvantaged, and made public, except that such 
     disaggregation or cross tabulation shall not be required in a 
     case in which the number of students in a subgroup is 
     insufficient to yield statistically reliable information or 
     the results would reveal personally identifiable information 
     about an individual student.
       ``(3) Statewide exit codes.--Not later than 1 year after 
     the enactment of the Every Student Counts Act, each State 
     that receives funds under this subpart shall--
       ``(A) design a statewide exit code system, in consultation 
     with local educational agencies;
       ``(B) require all local educational agencies to use the 
     statewide exit code system; and
       ``(C) provide technical assistance and support to local 
     educational agencies to assist such agencies with the 
     implementation of the statewide exit code system.
       ``(4) Reporting graduation rates.--Subject to paragraph 
     (5), not later than school year 2011-2012, and every school 
     year thereafter, each State that is assisted under this part 
     shall ensure that the State, all local educational agencies 
     in the State, and all secondary schools in the State report 
     annually, as part of the State and local educational agency 
     report cards required under section 1111(h), each of the 
     following:
       ``(A) 4-year adjusted cohort graduation rate.--The 4-year 
     adjusted cohort graduation rate, in the aggregate and 
     disaggregated by each of the subgroups described in paragraph 
     (2).
       ``(B) 4-year adjusted cohort size and 4-year graduates.--
     The final number of students in the 4-year adjusted cohort 
     and the total number of 4-year graduates in the aggregate and 
     disaggregated by each of the subgroups described in paragraph 
     (2).
       ``(C) Cumulative graduation rate.--The cumulative 
     graduation rate, in the aggregate and disaggregated by each 
     of the subgroups described in paragraph (2).
       ``(D) Number and percentage of students graduating in more 
     than 4 years.--The number and percentage of secondary school 
     students graduating in more than 4 years with a regular 
     secondary school diploma as described in subsection 
     (a)(3)(A)(i)(II), disaggregated by the number of years it 
     took the students to graduate and by each of the subgroups 
     described in paragraph (2).
       ``(E) Number and percentage of students removed from 
     cohort.--The number and percentage of secondary school 
     students who have been removed from the 4-year adjusted 
     cohort by exit code (as described in subsection (b)(3)), in 
     the aggregate and disaggregated by each of the subgroups 
     described in paragraph (2).
       ``(F) Number and percentage of continuing students.--The 
     number and percentage of students from each previous adjusted 
     cohort that began 4 years or more earlier who have not 
     graduated from and are still enrolled in secondary school.
       ``(5) Use of interim graduation rate.--In the case of a 
     State that does not have an individual student identifier 
     longitudinal data system, with respect to each graduation 
     rate calculation or reporting requirement under this section, 
     the State and local educational

[[Page S2280]]

     agencies and secondary schools in the State shall temporarily 
     carry out this section by using an interim graduation rate 
     calculation that meets the following conditions:
       ``(A) Number of graduates compared to number of students.--
     The calculation shall measure or estimate the number of 
     secondary school graduates compared to the number of students 
     in the secondary school's entering grade.
       ``(B) Dropout data.--The calculation shall not use dropout 
     data.
       ``(C) Regular secondary school diploma.--The calculation 
     shall count as graduates only those students who receive a 
     regular secondary school diploma.
       ``(D) Disaggregation.--The calculation shall be 
     disaggregated by each of the subgroups described in paragraph 
     (2).
       ``(E) Annual basis and rate of growth.--The calculation 
     shall be used on an annual basis to determine a rate of 
     growth, as described in subsection (c).
       ``(F) Timeframe limitation.--The interim graduation rate 
     calculation may only be used through the end of school year 
     2012-2013.
       ``(G) Reporting use of interim graduation rate.--Each State 
     that receives assistance under this part and does not have an 
     individual student identifier longitudinal data system shall 
     describe in the State's plan submitted under section 1111 the 
     interim graduation rate used in accordance with this 
     paragraph.
       ``(6) Reporting on alternative settings.--Not later than 
     school year 2011-2012, and every school year thereafter, each 
     State educational agency and local educational agency that 
     receives assistance under this part and contains an 
     alternative education setting that establishes an alternative 
     4-year completion requirement as described in subsection 
     (c)(4)(C)(iii), shall report annually as part of the State 
     and local educational agency report cards required under 
     section 1111(h), the following:
       ``(A) The name of each alternative education setting that 
     establishes an alternative 4-year completion requirement as 
     described in subsection (c)(4)(C)(iii).
       ``(B) A description of the program provided at each setting 
     and the population served.
       ``(C) The enrollment of such settings in the aggregate and 
     disaggregated by each of the subgroups described in paragraph 
     (2), including as a percent of overall enrollment.
       ``(D) Whether the setting is a new school or setting.
       ``(E) The alternative 4-year completion requirement as 
     described in subsection (c)(4)(C)(iii).
       ``(7) Reporting percent of on-track students.--Not later 
     than school year 2011-2012, and every school year thereafter, 
     each State educational agency, local educational agency, and 
     school that receives assistance under this part shall report 
     annually, as part of the State and local educational agency 
     report cards required under section 1111(h), the percent of 
     on-track students for each secondary school grade served by 
     the State educational agency, local educational agency, and 
     school, respectively, other than the graduating grade for the 
     secondary school, in the aggregate and disaggregated by each 
     of the subgroups described in paragraph (2).
       ``(8) Reporting additional indicators.--
       ``(A) In general.--A State may report additional 
     complementary indicators of secondary school completion, such 
     as--
       ``(i) a college-ready graduation rate;
       ``(ii) a dropout rate;
       ``(iii) in-grade retention rates;
       ``(iv) percentages of students receiving GEDs, certificates 
     of completion, or alternatives to a diploma;
       ``(v) average attendance rates in the aggregate and 
     disaggregated by each of the subgroups described in paragraph 
     (2); and
       ``(vi) in the case of a State with exit examinations, 
     students who have completed course requirements but failed a 
     State examination required for secondary school graduation.
       ``(B) Definitions for indicators.--The Secretary shall 
     promulgate and publish in the Federal Register regulations 
     containing definitions for the indicators described in 
     clauses (i), (ii), and (iii) of subparagraph (A) that are 
     consistent with the definitions used by the National Center 
     for Educational Statistics, in order to ensure that the 
     indicators are comparable across schools and school districts 
     within a State.
       ``(C) Prohibition.--For purposes of reporting or 
     accountability under this section, the additional indicators 
     shall not replace the 4-year adjusted cohort graduation rate 
     or the cumulative graduation rate.
       ``(D) Rule of construction.--Nothing in this Act shall be 
     construed to prohibit a State from reporting indicators of 
     secondary school completion that are not described in 
     subparagraph (A).
       ``(9) Data anomalies.--
       ``(A) In general.--When an individual student record 
     indicates a student was enrolled in more than 1 secondary 
     school or a student record shows enrollment in a secondary 
     school but no subsequent information, such student record 
     shall be assigned to 1 adjusted cohort for the purposes of 
     calculating and reporting school, local educational agency, 
     and State 4-year adjusted cohort graduation rates and 
     cumulative graduation rates under this subsection.
       ``(B) Special rule.--A student who returns to secondary 
     school after dropping out of secondary school, or receives a 
     diploma from more than 1 school or educational program served 
     by any 1 local educational agency, shall be counted--
       ``(i) only once for purposes of reporting and 
     accountability under this section; and
       ``(ii) as part of the student's original adjusted cohort.
       ``(10) Monitoring of data collection.--Each State that 
     receives assistance under this part shall conduct regular 
     audits of the data collection, use of exit codes (as 
     described in subsection (b)(3)), reporting, and calculations 
     that are carried out by local educational agencies in the 
     State. The Secretary shall assist States in their efforts to 
     develop and retain the capacity for collection, analysis, and 
     public reporting of 4-year adjusted cohort graduation rate 
     and cumulative graduation rate data.
       ``(c) School, Local Educational Agency, and State 
     Accountability.--
       ``(1) Graduation rate goal.--Each State that receives 
     assistance under this part shall--
       ``(A) seek to have all students graduate from secondary 
     school prepared for success in college and career; and
       ``(B) meet the graduation rate goal as described in this 
     subsection.
       ``(2) Graduation rate calculation.--Each State that 
     receives assistance under this part shall use aggregate and 
     disaggregated 4-year adjusted cohort graduation rates or 
     cumulative graduation rates as the additional indicator 
     described in section 1111(b)(2)(C)(vi) for the purposes of 
     determining each secondary school's and local educational 
     agency's adequate yearly progress.
       ``(3) Meeting graduation rate goal.--In order to meet the 
     graduation rate goal, a State, local educational agency, or 
     school shall demonstrate that it has a 4-year adjusted cohort 
     graduation rate or a cumulative graduation rate above 90 
     percent in the aggregate and for all subgroups described in 
     subsection (b)(2).
       ``(4) Annual measurable objectives.--The Secretary shall 
     require a State, local educational agency, or school that 
     receives assistance under this part and that has not met the 
     graduation rate goal in the aggregate or for any subgroup 
     described in subsection (b)(2) to increase the 4-year 
     adjusted cohort graduation rate or the cumulative graduation 
     rate, in the aggregate or for such subgroup, respectively, in 
     order to make adequate yearly progress under section 
     1111(b)(2), as follows:
       ``(A) Baseline for 4-year adjusted cohort and cumulative 
     graduation rates.--
       ``(i) In general.--Subject to subparagraph (B), the 4-year 
     adjusted cohort graduation rate calculated and reported in 
     accordance with this section for the first school year that 
     begins after the date of enactment of the Every Student 
     Counts Act shall serve as the baseline 4-year adjusted cohort 
     graduation rate and the cumulative graduation rate calculated 
     and reported in accordance with this section for such first 
     school year shall serve as the baseline cumulative graduation 
     rate.
       ``(ii) Annual growth.--Each school year after the baseline 
     year described in clause (i), 4-year adjusted cohort 
     graduation rates and cumulative graduation rates calculated 
     at the school, local educational agency, and State levels in 
     the aggregate and disaggregated by each subgroup described in 
     subsection (b)(2) shall be evaluated for annual growth in 
     accordance with subparagraph (C).
       ``(B) Baseline adjustment.--In the case of a State that 
     uses an interim graduation rate, after the State has 
     implemented an individual student identifier longitudinal 
     data system and can calculate the 4-year adjusted cohort 
     graduation rate and the cumulative graduation rate, but not 
     later than the 2013-2014 school year, the State shall use the 
     cumulative graduation rate as the baseline graduation rate 
     for reporting and accountability under this section.
       ``(C) Annual growth.--
       ``(i) In general.--In order for a State, local educational 
     agency, or school to make adequate yearly progress under 
     section 1111(b)(2), the State, local educational agency, or 
     school, respectively, shall demonstrate increases in the 4-
     year adjusted cohort graduation rate from the baseline 4 year 
     adjusted cohort graduation rate or increases in the 
     cumulative graduation rate from the baseline cumulative 
     graduation rate, in the aggregate and for each subgroup 
     described in subsection (b)(2), by an average of 3 percentage 
     points per school year, until the 4-year adjusted cohort 
     graduation rate or the cumulative graduation rate, in the 
     aggregate and for each such subgroup, equals or exceeds 90 
     percent.
       ``(ii) AYP not made.--A secondary school shall not be 
     considered to have made adequate yearly progress under 
     section 1111(b)(2) if--

       ``(I) the school's 4-year adjusted cohort graduation rate, 
     in the aggregate or for any subgroup described in subsection 
     (b)(2), falls below the initial baseline 4-year adjusted 
     cohort over a 4-year period; or
       ``(II) fewer than 90 percent of the students included in 
     the cumulative graduation rate, in the aggregate or for any 
     subgroup described in subsection (b)(2), are students who 
     graduate from secondary school in 4 years.

       ``(iii) Alternative 4-year completion requirement.--
     Notwithstanding clause (ii), a secondary school or secondary 
     school educational program that is an alternative education 
     setting may apply to the State for a waiver of the 
     requirement in clause (ii) that at least 90 percent of the 
     students included

[[Page S2281]]

     in the cumulative graduation rate, in the aggregate or for 
     any subgroup described in subsection (b)(2), are students who 
     graduate from secondary school in 4 years if--

       ``(I) the secondary school or educational program submits 
     to the State--

       ``(aa) a description of the secondary school or educational 
     program; and
       ``(bb) an alternative 4-year completion requirement; and

       ``(II) the State approves the use of the alternative 4-year 
     completion requirement for such purposes.

       ``(5) Delayed applicability to schools.--Paragraphs (2), 
     (3), and (4)(C) shall not apply to a secondary school until 
     the beginning of school year 2012-2013 or, in the case of a 
     State using an interim rate, shall not apply to a secondary 
     school until the first school year after such State adjusts 
     its baseline graduation rate as described in paragraph 
     (4)(B).
       ``(d) Reporting Requirement.--Not later than 90 days after 
     the date of enactment of the Every Student Counts Act, and 
     annually thereafter, each State educational agency that 
     receives assistance under this part shall submit to the 
     Secretary, and make publicly available, a report on the 
     implementation of this section. Such report shall include--
       ``(1) a description of each category, code, exit code, and 
     the corresponding definition that the State has authorized 
     for identifying, tracking, calculating, and publicly 
     reporting student status;
       ``(2) if using an interim graduation rate pursuant to 
     subsection (b)(5), a description of the efforts of the State 
     to implement the 4-year adjusted cohort graduation rate and 
     the cumulative graduation rate and the expected date of 
     implementation, which date shall be not later than the school 
     year 2013-2014; and
       ``(3) a description of waivers granted in the State under 
     subsection (c)(4)(C)(iii), which shall include--
       ``(A) the total number of waivers granted in the State 
     under subsection (c)(4)(C)(iii);
       ``(B) a description of each waiver granted;
       ``(C) the number of students who are enrolled in secondary 
     schools or secondary school education programs receiving such 
     waivers; and
       ``(D) the cumulative graduation rates of the secondary 
     schools or secondary school education programs receiving such 
     waivers.''

     SEC. 5. AYP CONFORMING AMENDMENTS.

       Section 1111(b)(2)(C) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended--
       (1) in clause (vi), by striking ``and'' after the 
     semicolon;
       (2) in clause (vii), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(viii) complies with the requirements of section 
     1111A.''.

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