[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
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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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