[Congressional Record Volume 157, Number 54 (Wednesday, April 13, 2011)]
[Senate]
[Pages S2448-S2454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. INHOFE:
S. 802. A bill to authorize the Secretary of the Interior to allow
the storage and conveyance of nonproject water at the Norman project in
Oklahoma, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. INHOFE. Mr. President, I would like to bring to the Senate's
attention The Lake Thunderbird Efficient Use Act of 2011.
This bill allows the Central Oklahoma Master Conservancy District to
import and store non-project water into Lake Thunderbird, if the
Secretary of the Interior determines there is enough capacity to do so.
Allowing additional water to be stored at Lake Thunderbird would help
increase municipal and industrial supplies for the cities served by the
District, which include Norman, Midwest City, and Del City.
There is no cost associated with this bill. Any additional
infrastructure needs will be the responsibility of the non-Federal
establishment contracting with the Secretary.
This legislation does not change the capacity of Lake Thunderbird and
will help increase water supplies in a growing metropolitan area. Over
the last decade, the Norman area grew by 15 percent making it one of
the fastest growing areas in the State. As the area continues to grow,
and as Tinker Air Force Base requires a growing water supply, there
will be a greater need for access to the water supplies of the Lake
Thunderbird reservoir.
______
By Mr. BAUCUS (for himself and Mr. Tester):
S. 806. A bill to require the Secretary of the Army to conduct levee
system evaluations and certifications on receipt of requests from non-
Federal interests; to the Committee on Environment and Public Works.
Mr. BAUCUS. 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. 806
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 ``Rural Community Flood
Protection Act of 2011''.
SEC. 2. RURAL COMMUNITY FLOOD PROTECTION.
(a) In General.--On receipt of a request from a non-Federal
interest, the Secretary of the Army (referred to in this
section as the ``Secretary'') shall conduct a levee system
evaluation and certification of a federally authorized levee
or a non-federally authorized levee for purposes of the
National Flood Insurance Program established under chapter 1
of the National Flood Insurance Act of 1968 (42 U.S.C. 4011
et seq.).
(b) Requirements.--A levee system evaluation and
certification under subsection (a) shall--
(1) at a minimum, comply with the requirements of section
65.10 of title 44, Code of Federal Regulations (as in effect
on the date of enactment of this Act); and
(2) be carried out in accordance with such procedures as
the Secretary, in consultation with the Director of the
Federal Emergency Management Agency, may establish.
(c) Cost Sharing.--
(1) Non-federal share.--Subject to paragraph (2), the non-
Federal share of the cost of carrying out a levee system
evaluation and certification under this section shall be 35
percent.
(2) Adjustment.--The Secretary shall adjust the non-Federal
share under paragraph (1) to zero if--
(A) the non-Federal interest is located in an area with a
population of 10,000 or fewer individuals; or
(B) the division of the non-Federal interest with
responsibility for the applicable levee is staffed by
individuals operating on a volunteer basis.
______
By Mr. ENZI (for himself, Ms. Landrieu, Mr. Isakson, and Mr.
Coburn):
S. 807. A bill to authorize the Department of Labor's voluntary
protection program and to expand the program to include more small
businesses; to the Committee on Health, Education, Labor, and Pensions.
Mr. ENZI. Mr. President, I rise today to introduce legislation with
Senator Landrieu known as the Voluntary Protection Program Act. This
bill will codify the Voluntary Protection Programs, or VPP, expand it
to include more small businesses, and incorporate recent GAO
recommendations for program improvements.
No program has been more successful in creating such a culture of
safety in the workplace than VPP. Since it was created in 1982,
Republican and Democrat administrations alike have fostered its growth
to more than 2,500 worksites, a quarter of which are unionized, and it
covers approximately one million employees. The bipartisan support for
VPP continues into this Congress. Last year, the Senate Budget
Committee unanimously approved an amendment to preserve VPP budget
authority and I have been pleased to work with the Chair of the Senate
Small Business Committee, Senator Landrieu, on this bill again this
Congress. Our bill is also drawing bipartisan support in the House of
Representatives. Congressmen Tom Petri and Gene Green are introducing
companion legislation today and 1 thank them for their strong support
on this important issue.
Worksites that pass the rigorous evaluation process and become VPP
sites have an average Days Away Restricted or Transferred, DART, case
rate of 52 percent below the average for its industry. In recent years,
smaller worksites have made significant strides in VPP, increasing from
28 percent of VPP sites in 2003 to 44 percent in 2010.
The innovative program doesn't just keep employees safer; as I have
noted, it also saves both the VPP companies and the taxpayer's money.
In 2007, Federal Agency VPP participants saved the government more than
$59 million by avoiding injuries and private sector VPP participants
saved more than $300 million. The Department of Defense has estimated
that it saves between $73,000 and $8.8 million per site because of VPP.
Additionally, when workplaces make the significant commitment to safety
required by VPP, it allows OSHA to focus its resources where they are
most needed. VPP Participant employers contribute a great deal to the
VPP program expenditures. VPP participants have assigned approximately
1,200 of their own employees to act as OSHA Special Government
Employees, SGEs, who conduct onsite evaluations for OSHA.
Despite the strong bipartisan support for VPP and its very positive
results, the need for this legislation has become painfully clear. Last
year, the administration's fiscal year 2011 Budget Request proposed
eliminating the small amount it takes to administer VPP--$3.125
million--and sought to transfer the 35 FTE it takes to run the program
to other functions. The failure to complete the appropriations process
last year thwarted that plan, and the administration did not renew the
request in their fiscal year 2012 budget proposal. I hope that
Department of Labor officials will note the bipartisan support VPP has
and maintain support for the program. Surely, this proven life and
cost-saving program is something we can all get behind.
[[Page S2449]]
I would like to thank Senator Landrieu for working with me on this
important legislation and add the following Senators as original
cosponsors: Sen. Landrieu, Sen. Isakson and Sen. Coburn.
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. 807
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 ``Voluntary Protection Program
Act''.
SEC. 2. VOLUNTARY PROTECTION PROGRAM.
(a) Cooperative Agreements.--The Secretary of Labor shall
establish a program of entering into cooperative agreements
with employers to encourage the establishment of
comprehensive safety and health management systems that
include--
(1) requirements for systematic assessment of hazards;
(2) comprehensive hazard prevention, mitigation, and
control programs;
(3) active and meaningful management and employee
participation in the voluntary program described in
subsection (b); and
(4) employee safety and health training.
(b) Voluntary Protection Program.--
(1) In general.--The Secretary of Labor shall establish and
carry out a voluntary protection program (consistent with
subsection (a)) to encourage excellence and recognize the
achievement of excellence in both the technical and
managerial protection of employees from occupational hazards.
(2) Program requirements.--The voluntary protection program
shall include the following:
(A) Application.--Employers who volunteer under the program
shall be required to submit an application to the Secretary
of Labor demonstrating that the worksite with respect to
which the application is made meets such requirements as the
Secretary of Labor may require for participation in the
program.
(B) Onsite evaluations.--There shall be onsite evaluations
by representatives of the Secretary of Labor to ensure a high
level of protection of employees. The onsite visits shall not
result in enforcement of citations under the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
(C) Information.--Employers who are approved by the
Secretary of Labor for participation in the program shall
assure the Secretary of Labor that information about the
safety and health program shall be made readily available to
the Secretary of Labor to share with employees.
(D) Reevaluations.--Periodic reevaluations by the Secretary
of Labor of the employers shall be required for continued
participation in the program.
(3) Monitoring.--To ensure proper controls and measurement
of program performance for the voluntary protection program
under this section, the Secretary of Labor shall direct the
Assistant Secretary of Labor for Occupational Safety and
Health to take the following actions:
(A) Develop a documentation policy regarding information on
follow-up actions taken by the regional offices of the
Occupational Safety and Health Administration in response to
fatalities and serious injuries at worksites participating in
the voluntary protection program.
(B) Establish internal controls that ensure consistent
compliance by the regional offices of the Occupational Safety
and Health Administration with the voluntary protection
program policies of the Occupational Safety and Health
Administration for conducting onsite reviews and monitoring
injury and illness rates, to ensure that only qualified
worksites participate in the program.
(C) Establish a system for monitoring the performance of
the voluntary protection program by developing specific
performance goals and measures for the program.
(4) Exemptions.--A site with respect to which a voluntary
protection program has been approved shall, during
participation in the program, be exempt from inspections or
investigations and certain paperwork requirements to be
determined by the Secretary of Labor, except that this
paragraph shall not apply to inspections or investigations
arising from employee complaints, fatalities, catastrophes,
or significant toxic releases.
(5) No payments required.--The Secretary of Labor shall not
require any form of payment for an employer to qualify or
participate in the voluntary protection program.
(c) Transition.--The Secretary of Labor shall take such
steps as may be necessary for the orderly transition from the
cooperative agreements and voluntary protection programs
carried out by the Occupational Safety and Health
Administration as of the day before the date of enactment of
this Act, to the cooperative agreements and voluntary
protection program authorized under this section. In making
such transition, the Secretary shall ensure that--
(1) the voluntary protection program authorized under this
section is based upon and consistent with the voluntary
protection programs carried out on the day before the date of
enactment of this Act; and
(2) each employer that, as of the day before the date of
enactment of this Act, had an active cooperative agreement
under the voluntary protection programs carried out by the
Occupational Safety and Health Administration and was in good
standing with respect to the duties and responsibilities
under such agreement, shall have the option to continue
participating in the voluntary protection program authorized
under this section.
(d) Regulations and Implementation.--Not later than 2 years
after the date of enactment of this Act, the Secretary of
Labor shall issue final regulations for the voluntary
protection program authorized under this section and shall
begin implementation of the program.
SEC. 3. EXPANDED ACCESS TO VOLUNTARY PROTECTION PROGRAM FOR
SMALL BUSINESSES.
The Secretary of Labor shall establish and implement, by
regulation, a program to increase participation by small
businesses (as the term is defined by the Administrator of
the Small Business Administration) in the voluntary
protection program established under section 2 through
outreach and assistance initiatives and the development of
program requirements that address the needs of small
businesses.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
Act such sums as may be necessary.
______
By Mr. DURBIN (for himself, Mr. Kirk, and Ms. Landrieu):
S. 809. A bill to provide high-quality charter school options for
students by enabling such public charter schools to expand and
replicate; to the Committee on Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, today I am introducing legislation
designed to improve educational opportunities for struggling students.
The All Students Achieving Through Reform Act, or All-STAR Act, would
provide Federal resources to the most successful charter schools to
help them grow and replicate.
Across the nation, public charter schools are achieving extraordinary
results in low-income communities. I have been particularly impressed
by the Noble Street schools in Chicago. Since opening its first campus
in 1999, Noble Street has expanded to 10 charter high schools educating
over 13,000 students in some of Chicago's most difficult neighborhoods.
Noble Street has achieved phenomenal results. Even though more than 75
percent of students enter the schools below grade level, Noble students
have the highest ACT scores among Chicago open-enrollment schools.
Every year, more than 99 percent of Noble Street's seniors graduate and
more than 85 percent go on to college. I see this success in action
when I visit Noble Street schools. As soon as you walk in the door, you
can tell that everyone in the building is focused on academic success.
The students are actively engaged in their learning. Their teachers and
principals are demanding and inspiring. Noble Street would like to
continue to grow and educate more students in Chicago.
Not all charter schools are excellent. Poor-performing charter
schools should be closed. But we also need to replicate and expand the
ones that are beating the odds, and we need to learn from their
lessons. We need more excellent charters, like the Noble Street
schools, in Illinois and around the country.
The bill I am introducing today would help make that possible.
Currently, Federal funding for charter schools can only be used to
create new schools, not expand or replicate existing schools. My bill
would create new grants within the existing charter school program to
fund the expansion and replication of the most successful charter
schools. Schools that have achieved results with their students will be
able to apply for Federal grants to expand their schools to include
additional grades or to replicate the model to a new school. Successful
charters across the country will be able to grow, providing better
educational opportunities to thousands of students.
The bill also incentivizes the adoption of strong charter school
policies by states. We know that successful charter schools thrive when
they have autonomy, freedom to grow, and strong accountability based on
meeting performance targets. The bill would give grant priority to
states that provide that environment. The bill also requires new levels
of charter school authorizer reporting and accountability to ensure
that good charter schools are able to succeed while bad charter schools
are improved or shut down.
[[Page S2450]]
This bill will improve educational opportunities for students across
the nation. Charter schools represent some of the brightest spots in
urban education today, and successful models have the full support of
the President and Secretary Duncan. We need to help these schools grow
and bring their best lessons into our regular public schools so that
all students can benefit. Supporting the growth of successful charter
schools should be a part of the conversation when we take up
reauthorization of the Elementary and Secondary Education Act. I thank
Senator Kirk, Senator Landrieu, and Representative Polis in the House
for joining me in this effort.
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. 809
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 ``All Students Achieving
through Reform Act of 2011'' or ``All-STAR Act of 2011''.
SEC. 2. CHARTER SCHOOL EXPANSION AND REPLICATION.
(a) In General.--Subpart 1 of part B of title V of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7221 et seq.) is amended--
(1) by striking section 5211;
(2) by redesignating section 5210 as section 5211; and
(3) by inserting after section 5209 the following:
``SEC. 5210. CHARTER SCHOOL EXPANSION AND REPLICATION.
``(a) Purpose.--It is the purpose of this section to
support State efforts to expand and replicate high-quality
public charter schools to enable such schools to serve
additional students, with a priority to serve those students
who attend identified schools or schools with a low
graduation rate.
``(b) Support for Proven Charter Schools and Increasing the
Supply of High-Quality Charter Schools.--
``(1) Grants authorized.--From the amounts appropriated
under section 5200 for any fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible entities to
enable the eligible entities to make subgrants to eligible
public charter schools under subsection (e)(1) and carry out
the other activities described in subsection (e), in order to
allow the eligible public charter schools to serve additional
students through the expansion and replication of such
schools.
``(2) Amount of grants.--In determining the grant amount to
be awarded under this subsection to an eligible entity, the
Secretary shall consider--
``(A) the number of eligible public charter schools under
the jurisdiction or in the service area of the eligible
entity that are operating;
``(B) the number of openings for new students that could be
created in such schools with such grant;
``(C) the number of students eligible for free or reduced
price lunches under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) who are on waiting lists
for charter schools under the jurisdiction or in the service
area of the eligible entity, and other information with
respect to charter schools in such jurisdiction or service
area that suggest the interest of parents in charter school
enrollment for their children;
``(D) the number of students attending identified schools
or schools with a low graduation rate in the State or area
where an eligible entity intends to replicate or expand
eligible public charter schools; and
``(E) the success of the eligible entity in overseeing
public charter schools and the likelihood of continued or
increased success because of the grant under this section.
``(3) Duration of grants.--A grant under this section shall
be for a period of not more than 3 years, except that an
eligible entity receiving such grant may, at the discretion
of the Secretary, continue to expend grant funds after the
end of the grant period. An eligible entity that has received
a grant under this section may receive subsequent grants
under this section.
``(c) Application Requirements.--
``(1) Application requirements.--To be considered for a
grant under this section, an eligible entity shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(2) Contents.--The application described in paragraph (1)
shall include, at a minimum, the following:
``(A) Record of success.--Documentation of the record of
success of the eligible entity in overseeing or operating
public charter schools, including--
``(i) the performance of the students of such public
charter schools on the student academic assessments described
in section 1111(b)(3) of the State where such school is
located (including a measurement of the students' average
academic longitudinal growth at each such school, if such
measurement is required by a Federal or State law applicable
to the entity), disaggregated by--
``(I) economic disadvantage;
``(II) race and ethnicity;
``(III) disability status; and
``(IV) status as a student with limited English
proficiency;
``(ii) the status of such schools under section 1116 in
making adequate yearly progress or as identified schools;
``(iii) documentation of demonstrated success by such
public charter schools in closing historic achievement gaps
between groups of students; and
``(iv) in the case of such public charter schools that are
secondary schools, the graduation rates and rates of student
acceptance, enrollment, and persistence in institutions of
higher education, where possible.
``(B) Plan.--A plan for--
``(i) replicating and expanding eligible public charter
schools operated or overseen by the eligible entity;
``(ii) identifying eligible public charter schools, or
networks of eligible public charter schools, to receive
subgrants under this section;
``(iii) increasing the number of openings in eligible
public charter schools for students attending identified
schools and schools with a low graduation rate;
``(iv) ensuring that eligible public charter schools
receiving a subgrant under this section enroll students
through a random lottery for admission, unless the charter
school is using the subgrant to expand the school to serve
additional grades, in which case such school may reserve
seats in the additional grades for--
``(I) each student enrolled in the grade preceding each
such additional grade;
``(II) siblings of students enrolled in the charter school,
if such siblings desire to enroll in such grade; and
``(III) children of the charter school's founders, staff,
or employees;
``(v)(I) in the case of an eligible entity described in
subparagraph (A) or (C) of subsection (k)(4), the manner in
which the eligible entity will work with identified schools
and schools with a low graduation rate that are eligible to
enroll students in a public charter school receiving a
subgrant under this section and that are under the eligible
entity's jurisdiction, and the local educational agencies
serving such schools, to--
``(aa) engage in community outreach, provide information in
a language that the parents can understand, and communicate
with parents of students at identified schools and schools
with a low graduation rate who are eligible to attend a
public charter school receiving a subgrant under this section
about the opportunity to enroll in or transfer to such
school, in a manner consistent with section 444 of the
General Education Provisions Act (commonly known as the
`Family Educational Rights and Privacy Act of 1974'); and
``(bb) ensure that a student can transfer to an eligible
public charter school if the public charter school such
student was attending in the previous school year is no
longer an eligible public charter school; and
``(II) in the case of an eligible entity described in
subparagraph (B) or (D) of subsection (k)(4), the manner in
which the eligible entity will work with the local
educational agency to carry out the activities described in
items (aa) and (bb) of subclause (I);
``(vi) disseminating to public schools under the
jurisdiction or in the service area of the eligible entity,
in a manner consistent with section 444 of the General
Education Provisions Act (commonly known as the `Family
Educational Rights and Privacy Act of 1974'), the best
practices, programs, or strategies learned by awarding
subgrants to eligible public charter schools under this
section, with particular emphasis on the best practices with
respect to--
``(I) focusing on closing the achievement gap; or
``(II) successfully addressing the education needs of low-
income students; and
``(vii) in the case of an eligible entity described in
subsection (k)(4)(D)--
``(I) supporting the short-term and long-term success of
the proposed project, by--
``(aa) developing a multi-year financial and operating
model for the eligible entity; and
``(bb) including, with the plan, evidence of the
demonstrated commitment of current partners, as of the time
of the application, for the proposed project and of broad
support from stakeholders critical to the project's long-term
success;
``(II) closing public charter schools that do not meet
acceptable standards of performance; and
``(III) achieving the objectives of the proposed project on
time and within budget, which shall include the use of
clearly defined responsibilities, timelines, and milestones
for accomplishing project tasks.
``(C) Charter school information.--The number of--
``(i) eligible public charter schools that are operating in
the State in which the eligible entity intends to award
subgrants under this section;
``(ii) public charter schools approved to open or likely to
open during the grant period in such State;
``(iii) available openings in eligible public charter
schools in such State that could be created through the
replication or expansion of such schools if the grant is
awarded to the eligible entity;
``(iv) students on public charter school waiting lists (if
such lists are available) in--
[[Page S2451]]
``(I) the State in which the eligible entity intends to
award subgrants under this section; and
``(II) each local educational agency serving an eligible
public charter school that may receive a subgrant under this
section from the eligible entity; and
``(v) students, and the percentage of students, in a local
educational agency who are attending eligible public charter
schools that may receive a subgrant under this section from
the eligible entity.
``(D) Traditional public school information.--In the case
of an eligible entity described in subparagraph (A) or (C) of
subsection (k)(4), a list of the following schools under the
jurisdiction of the eligible entity, including the name and
location of each such school, the number and percentage of
students under the jurisdiction of the eligible entity who
are attending such school, and such demographic and
socioeconomic information as the Secretary may require:
``(i) Identified schools.
``(ii) Schools with a low graduation rate.
``(E) Assurance.--In the case of an eligible entity
described in subsection (k)(4)(A), an assurance that the
eligible entity will include in the notifications provided
under section 1116(c)(6) to parents of each student enrolled
in a school served by a local educational agency identified
for school improvement or corrective action under paragraph
(1) or (7) of section 1116(c), information (in a language
that the parents can understand) about the eligible public
charter schools receiving subgrants under this section.
``(3) Modifications.--The Secretary may modify or waive any
information requirement under paragraph (2)(C) for an
eligible entity that demonstrates that the eligible entity
cannot reasonably obtain the information.
``(d) Priorities for Awarding Grants.--
``(1) In general.--In awarding grants under this section,
the Secretary shall give priority to an eligible entity
that--
``(A) serves or plans to serve a large percentage of low-
income students from identified schools or public schools
with a low graduation rate;
``(B) oversees or plans to oversee one or more eligible
public charter schools;
``(C) provides evidence of effective monitoring of the
academic success of students who attend public charter
schools under the jurisdiction of the eligible entity;
``(D) has established goals, objectives, and outcomes for
the proposed project that are clearly specified, measurable,
and attainable;
``(E) in the case of an eligible entity that is a local
educational agency under State law, has a cooperative
agreement under section 1116(b)(11); and
``(F) is under the jurisdiction of, or plans to award
subgrants under this section in, a State that--
``(i) ensures that all public charter schools (including
such schools served by a local educational agency and such
schools considered to be a local educational agency under
State law) receive, in a timely manner, the Federal, State,
and local funds to which such schools are entitled under
applicable law;
``(ii) does not have a cap that restricts the growth of
public charter schools in the State;
``(iii) provides funding (such as capital aid distributed
through a formula or access to revenue generated bonds, and
including funding for school facilities) on a per-pupil basis
to public charter schools commensurate with the amount of
funding (including funding for school facilities) provided to
traditional public schools;
``(iv) provides strong evidence of support for public
charter schools and has in place innovative policies that
support academically successful charter school growth;
``(v) authorizes public charter schools to offer early
childhood education programs, including prekindergarten, in
accordance with State law;
``(vi) authorizes or allows public charter schools to serve
as school food authorities;
``(vii) ensures that each public charter school in the
State--
``(I) has a high degree of autonomy over the public charter
school's budget and expenditures;
``(II) has a written performance contract with an
authorized public chartering agency that ensures that the
school has an independent governing board with a high degree
of autonomy; and
``(III) in the case of an eligible public charter school
receiving a subgrant under this section, amends its charter
to reflect the growth activities described in subsection (e);
``(viii) has an appeals process for the denial of an
application for a public charter school;
``(ix) provides that an authorized public chartering agency
that is not a local educational agency, such as a State
chartering board, is available for each individual or entity
seeking to operate a public charter school pursuant to such
State law;
``(x) allows any public charter school to be a local
educational agency in accordance with State law;
``(xi) ensures that each authorized public chartering
agency in the State submits annual reports to the State
educational agency, and makes such reports available to the
public, on the performance of the schools authorized or
approved by such public chartering agency, which reports
shall include--
``(I) the authorized public chartering agency's strategic
plan for authorizing or approving public charter schools and
any progress toward achieving the objectives of the strategic
plan;
``(II) the authorized public chartering agency's policies
for authorizing or approving public charter schools,
including how such policies examine a school's--
``(aa) financial plan and policies, including financial
controls and audit requirements;
``(bb) plan for identifying and successfully (in compliance
with all applicable laws and regulations) serving students
with disabilities, students who are English language
learners, students who are academically behind their peers,
and gifted students; and
``(cc) capacity and capability to successfully launch and
subsequently operate a public charter school, including the
backgrounds of the individuals applying to the agency to
operate such school and any record of such individuals
operating a school;
``(III) the authorized public chartering agency's policies
for renewing, not renewing, and revoking a public charter
school's charter, including the role of student academic
achievement in such decisions;
``(IV) the authorized public chartering agency's
transparent, timely, and effective process for closing down
academically unsuccessful public charter schools;
``(V) the academic performance of each operating public
charter school authorized or approved by the authorized
public chartering agency, including the information reported
by the State in the State annual report card under section
1111(h)(1)(C) for such school;
``(VI) the status of the authorized public chartering
agency's charter school portfolio, by identifying all charter
schools served by the public chartering agency in each of the
following categories: approved (but not yet open), operating,
renewed, transferred, revoked, not renewed, voluntarily
closed, or never opened;
``(VII) the authorizing functions provided by the
authorized public chartering agency to the public charter
schools under its purview, including such agency's operating
costs and expenses as detailed through annual auditing of
financial statements that conform with general accepted
accounting principles; and
``(VIII) the services purchased (such as accounting,
transportation, and data management and analysis) from the
authorized public chartering agency by the public charter
schools authorized or approved by such agency, including an
itemized accounting of the actual costs of such services; and
``(xii) has or will have (within 1 year after receiving a
grant under this section) a State policy and process for
overseeing and reviewing the effectiveness and quality of the
State's authorized public chartering agencies, including--
``(I) a process for reviewing and evaluating the
performance of the authorized public chartering agencies in
authorizing or approving public charter schools, including a
process that enables the authorized public chartering
agencies to respond to any State concerns; and
``(II) any other necessary policies to ensure effective
charter school authorizing in the State in accordance with
the principles of quality charter school authorizing, as
determined by the State in consultation with the charter
school community and stakeholders.
``(2) Special rule.--In awarding grants under this section,
the Secretary may determine how the priorities described in
paragraph (1) will apply to the different types of eligible
entities defined in subsection (k)(4).
``(e) Use of Funds.--An eligible entity receiving a grant
under this section shall use the grant funds for the
following:
``(1) Subgrants.--
``(A) In general.--To award subgrants, in such amount as
the eligible entity determines is appropriate, to eligible
public charter schools to replicate or expand such schools.
``(B) Application.--An eligible public charter school
desiring to receive a subgrant under this subsection shall
submit an application to the eligible entity at such time, in
such manner, and containing such information as the eligible
entity may require.
``(C) Uses of funds.--An eligible public charter school
receiving a subgrant under this subsection shall use the
subgrant funds to provide for an increase in the school's
enrollment of students through the replication or expansion
of the school, which may include use of funds to--
``(i) support the physical expansion of school buildings,
including financing the development of new buildings and
campuses to meet increased enrollment needs;
``(ii) pay costs associated with hiring additional teachers
to serve additional students;
``(iii) provide transportation to additional students to
and from the school, including providing transportation to
students who transfer to the school under a cooperative
agreement established under section 1116(b)(11);
``(iv) purchase instructional materials, implement teacher
and principal professional development programs, and hire
additional non-teaching staff; and
``(v) support any necessary activities associated with the
school carrying out the purposes of this section.
``(D) Priority.--In awarding subgrants under this
subsection, an eligible entity shall give priority to an
eligible public charter school--
``(i) that has significantly closed any achievement gap on
the State academic assessments described in section
1111(b)(3)
[[Page S2452]]
among the groups of students described in section
1111(b)(2)(C)(v) by improving scores;
``(ii) that--
``(I)(aa) ranks in at least the top 25th percentile of the
schools in the State, as ranked by the percentage of students
in the proficient or advanced level of achievement on the
State academic assessments in mathematics and reading or
language arts described in section 1111(b)(3); or
``(bb) has an average student score on an examination
(chosen by the Secretary) that is at least in the 60th
percentile in reading and at least in the 75th percentile in
mathematics; and
``(II) serves a high-need student population and is
eligible to participate in a schoolwide program under section
1114, with additional priority given to schools that serve,
as compared to other schools that have submitted an
application under this subsection--
``(aa) a greater percentage of low-income students; and
``(bb) a greater percentage of not less than 2 groups of
students described in section 1111(b)(2)(C)(v)(II); and
``(iii) that meets the criteria described in clause (i) and
serves low-income students who have transferred to such
school under a cooperative agreement described in section
1116(b)(11).
``(E) Duration of subgrant.--A subgrant under this
subsection shall be awarded for a period of not more than 3
years, except that an eligible public charter school
receiving a subgrant under this subsection may, at the
discretion of the eligible entity, continue to expend
subgrant funds after the end of the subgrant period.
``(2) Facility financing and revolving loan fund.--An
eligible entity may use not more than 25 percent of the
amount of the grant funds received under this section to
establish a reserve account described in subsection (f) to
facilitate public charter school facility acquisition and
development by--
``(A) conducting credit enhancement initiatives (as
referred to in subpart 2) in support of the development of
facilities for eligible public charter schools serving
students;
``(B) establishing a revolving loan fund for use by an
eligible public charter school receiving a subgrant under
this subsection from the eligible entity under such terms as
may be determined by the eligible entity to allow such school
to expand to serve additional students;
``(C) facilitating, through direct expenditure or
financing, the acquisition or development of public charter
school buildings by the eligible entity or an eligible public
charter school receiving a subgrant under this subsection
from the eligible entity, which may be used as both permanent
locations for eligible public charter schools or incubators
for growing charter schools; or
``(D) establishing a partnership with 1 or more community
development financial institutions (as defined in section 103
of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4702)) or other mission-
based financial institutions to carry out the activities
described in subparagraphs (A), (B), and (C).
``(3) Administrative tasks, dissemination activities, and
outreach.--
``(A) In general.--An eligible entity may use not more than
7.5 percent of the grant funds awarded under this section to
cover administrative tasks, dissemination activities, and
outreach.
``(B) Nonprofit assistance.--In carrying out the
administrative tasks, dissemination activities, and outreach
described in subparagraph (A), an eligible entity may
contract with an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3))
and exempt from tax under section 501(a) of such Code (26
U.S.C. 501(a)).
``(f) Reserve Account.--
``(1) In general.--To assist eligible entities in the
development of new public charter school buildings or
facilities for eligible public charter schools, an eligible
entity receiving a grant under this section may, in
accordance with State and local law, directly or indirectly,
alone or in collaboration with others, deposit the amount of
funds described in subsection (e)(2) in a reserve account
established and maintained by the eligible entity.
``(2) Investment.--Funds received under this section and
deposited in the reserve account established under this
subsection shall be invested in obligations issued or
guaranteed by the United States or a State, or in other
similarly low-risk securities.
``(3) Reinvestment of earnings.--Any earnings on funds
received under this subsection shall be deposited in the
reserve account established under this section and used in
accordance with the purpose described in subsection (a).
``(4) Recovery of funds.--
``(A) In general.--The Secretary, in accordance with
chapter 37 of title 31, United States Code, shall collect--
``(i) all funds in a reserve account established by an
eligible entity under this subsection if the Secretary
determines, not earlier than 2 years after the date the
eligible entity first received funds under this section, that
the eligible entity has failed to make substantial progress
carrying out the purpose described in paragraph (1); or
``(ii) all or a portion of the funds in a reserve account
established by an eligible entity under this subsection if
the Secretary determines that the eligible entity has
permanently ceased to use all or a portion of funds in such
account to accomplish the purpose described in paragraph (1).
``(B) Exercise of authority.--The Secretary shall not
exercise the authority provided under subparagraph (A) to
collect from any eligible entity any funds that are being
properly used to achieve such purpose.
``(C) Procedures.--Sections 451, 452, and 458 of the
General Education Provisions Act shall apply to the recovery
of funds under subparagraph (A).
``(D) Construction.--This paragraph shall not be construed
to impair or affect the authority of the Secretary to recover
funds under part D of the General Education Provisions Act.
``(5) Reallocation.--Any funds collected by the Secretary
under paragraph (4) shall be awarded to eligible entities
receiving grants under this section in the next fiscal year.
``(g) Financial Responsibility.--The financial records of
each eligible entity and eligible public charter school
receiving a grant or subgrant, respectively, under this
section shall be maintained in accordance with generally
accepted accounting principles and shall be subject to an
annual audit by an independent public accountant.
``(h) National Evaluation.--
``(1) National evaluation.--From the amounts appropriated
under section 5200, the Secretary shall conduct an
independent, comprehensive, and scientifically sound
evaluation, by grant or contract and using the highest
quality research design available, of the impact of the
activities carried out under this section on--
``(A) student achievement, including State standardized
assessment scores and, if available, student academic
longitudinal growth (as described in subsection (c)(2)(A)(i))
based on such assessments; and
``(B) other areas, as determined by the Secretary.
``(2) Report.--Not later than 4 years after the date of the
enactment of the All Students Achieving through Reform Act of
2011, and biannually thereafter, the Secretary shall submit
to Congress a report on the results of the evaluation
described in paragraph (1).
``(i) Reports.--Each eligible entity receiving a grant
under this section shall prepare and submit to the Secretary
the following:
``(1) Report.--A report that contains such information as
the Secretary may require concerning use of the grant funds
by the eligible entity, including the academic achievement of
the students attending eligible public charter schools as a
result of the grant. Such report shall be submitted before
the end of the 3-year period beginning on the date of
enactment of the All Students Achieving through Reform Act of
2011 and every 2 years thereafter.
``(2) Performance information.--Such performance
information as the Secretary may require for the national
evaluation conducted under subsection (h)(1).
``(j) Inapplicability.--The provisions of sections 5201
through 5209 shall not apply to the program under this
section.
``(k) Definitions.--In this section:
``(1) Adequate yearly progress.--The term `adequate yearly
progress' has the meaning given such term in a State's plan
in accordance with section 1111(b)(2)(C).
``(2) Administrative tasks, dissemination activities, and
outreach.--The term `administrative tasks, dissemination
activities, and outreach' includes costs and activities
associated with--
``(A) recruiting and selecting students to attend eligible
public charter schools;
``(B) outreach to parents of students enrolled in
identified schools or schools with low graduation rates;
``(C) providing information to such parents and school
officials at such schools regarding eligible public charter
schools receiving subgrants under this section;
``(D) necessary oversight of the grant program under this
section; and
``(E) initiatives and activities to disseminate the best
practices, programs, or strategies learned in eligible public
charter schools to other public schools operating in the
State where the eligible entity intends to award subgrants
under this section.
``(3) Charter school.--The term `charter school' means--
``(A) a charter school, as defined in section 5211(1); or
``(B) a school that meets the requirements of such section,
except for subparagraph (D) of the section, and provides
prekindergarten or adult education services.
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a State educational agency;
``(B) an authorized public chartering agency;
``(C) a local educational agency that has authorized or is
planning to authorize a public charter school; or
``(D) an organization, including a nonprofit charter
management organization, that has an organizational mission
and record of success supporting the replication and
expansion of high-quality charter schools and is--
``(i) described in section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)); and
``(ii) exempt from tax under section 501(a) of such Code
(26 U.S.C. 501(a)).
``(5) Eligible public charter school.--The term `eligible
public charter school' means a charter school, including a
public charter school that is being developed by a developer,
that--
``(A) has made adequate yearly progress for 2 of the last 3
consecutive school years; and
[[Page S2453]]
``(B) in the case of a public charter school that is a
secondary school, has, for the most recent school year for
which data is available, met or exceeded the graduation rate
required by the State in order to make adequate yearly
progress for such year.
``(6) Graduation rate.--The term `graduation rate' has the
meaning given the term in section 1111(b)(2)(C)(vi), as
clarified in section 200.19(b)(1) of title 34, Code of
Federal Regulations.
``(7) Identified school.--The term `identified school'
means a school identified for school improvement, corrective
action, or restructuring under paragraph (1), (7), or (8) of
section 1116(b).
``(8) Local educational agency.--The term `local
educational agency' includes any charter school that is a
local educational agency, as determined by State law.
``(9) Low-income student.--The term `low-income student'
means a student eligible for free or reduced price lunches
under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
``(10) School food authority.--The term `school food
authority' has the meaning given the term in section 250.3 of
title 7, Code of Federal Regulations (or any corresponding
similar regulation or ruling).
``(11) School year.--The term `school year' has the meaning
given such term in section 12(d) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(d)).
``(12) Traditional public school.--The term `traditional
public school' does not include any charter school, as
defined in section 5211.''.
(b) Authorization of Appropriations.--Part B of title V of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7221 et seq.) is amended--
(1) by striking section 5231; and
(2) by inserting before subpart 1 the following:
``SEC. 5200. AUTHORIZATION OF APPROPRIATIONS FOR SUBPARTS 1
AND 2.
``(a) In General.--There are authorized to be appropriated
to carry out subparts 1 and 2, $700,000,000 for fiscal year
2012 and such sums as may be necessary for each of the 5
succeeding fiscal years.
``(b) Allocation.--In allocating funds appropriated under
this section for any fiscal year, the Secretary shall
consider--
``(1) the relative need among the programs carried out
under sections 5202, 5205, 5210, and subpart 2; and
``(2) the quality of the applications submitted for such
programs.''.
(c) Conforming Amendments.--The Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(1) in section 2102(2) (20 U.S.C. 6602(2)), by striking
``5210'' and inserting ``5211'';
(2) in section 5204(e) (20 U.S.C. 7221c(e)), by striking
``5210(1)'' and inserting ``5211(1)'';
(3) in section 5211(1) (as redesignated by subsection
(a)(2)) (20 U.S.C. 7221i(1)), by striking ``The term'' and
inserting ``Except as otherwise provided, the term'';
(4) in section 5230(1) (20 U.S.C. 7223i(1)), by striking
``5210'' and inserting ``5211''; and
(5) in section 5247(1) (20 U.S.C. 7225f(1)), by striking
``5210'' and inserting ``5211''.
(d) Table of Contents.--The table of contents of the
Elementary and Secondary Education Act of 1965 is amended--
(1) by inserting before the item relating to subpart 1 of
part B of title V the following:
``Sec. 5200. Authorization of appropriations for subparts 1 and 2.'';
(2) by striking the items relating to sections 5210 and
5211;
(3) by inserting after the item relating to section 5209
the following:
``Sec. 5210. Charter school expansion and replication.
``Sec. 5211. Definitions.'';
and
(4) by striking the item relating to section 5231.
______
By Ms. CANTWELL (for herself, Ms. Collins, Mr. Sanders, and Mr.
Lieberman):
S. 810. A bill to prohibit the conducting of invasive research on
great apes, and for other purposes; to the Committee on Environment and
Public Works.
Ms. CANTWELL. Mr. President, I rise today to introduce legislation to
end the use of Great Apes in invasive research and urge my Senate
colleagues to support the Great Ape Protection and Cost Savings Act.
The Great Ape Protection and Cost Savings Act would prohibit invasive
research on all Great Apes, including gorillas, orangutans, and
chimpanzees--who are the primary Great Apes used in research today. The
bill would also require the immediate retirement of 500 federally-owned
chimpanzees to great ape sanctuaries.
Today about 1,000 chimpanzees--half of them federally owned--languish
at great taxpayer expense in eight research laboratories across the
Nation.
These chimpanzees are being held or used for invasive biomedical
research, research that may cause death, bodily injury, pain, distress,
fear, and trauma. Invasive research practices include techniques such
as injecting a chimpanzee with a drug that would be detrimental to its
health, infecting a chimp with a disease, cutting a chimp or removing
body parts, and isolation or social deprivation.
The vast majority of these animals--between 80 and 90 percent--aren't
actually being used in research, but instead are warehoused, simply
wasting away in these facilities. For example, approximately half of
the government-owned chimpanzees are being held in a facility in New
Mexico where no research is being conducted.
Some chimpanzees have been in labs for more than 50 years, confined
in steel cages for most of their lives and enduring sometimes painful
and distressing experimental procedures.
The fact that the vast majority of federally-owned chimpanzees are
not being used in active research, but instead are warehoused in labs
at the taxpayer expense, underlines the futility of their continued
confinement.
For a single chimpanzee, lifetime care in a research facility can
cost over $1 million, compared with $340,000 for superior care in a
sanctuary. Ending invasive research will mean a savings of more than
$25 million per year for the American people.
Chimpanzees are poor research models for human illness, and they have
been of limited use in the study of human disease. Despite how similar
they are to us, significant differences in their immunology and disease
progression make them ineffective models for human diseases like HIV,
cancer, and heart disease research.
For example, research published in the Journal of Medical Primatology
in 2009, on hepatitis C indicates that use of chimpanzees has produced
poor results. And the National Center for Research Resources under the
National Institutes of Health has prohibited breeding of government-
owned chimpanzees for research. In effect, NIH has already decided that
the chimpanzee is not an essential animal model for human medical
research.
Significant genetic and physiological differences between great apes
and humans also make chimpanzees a poor research model for human
diseases. We have spent millions of dollars over several decades on
chimpanzee-based HIV and Hepatitis C research with no resulting
vaccines for those diseases. Chimpanzees largely failed as a model for
HIV because the virus does not cause illness in chimpanzees as it does
to humans.
These are very social, highly intelligent animals--with the ability,
for example, to learn American Sign Language. Their intelligence and
ability to experience emotions so similar to humans underscores how
chimpanzees suffer intensely under laboratory conditions.
Their psychological suffering in laboratories produces human-like
symptoms of stress, depression, and post-traumatic stress disorder
after decades of living in isolation in small cages.
Given their social nature and capacity for suffering and boredom due
to lack of stimulation, the 500 privately-owned chimpanzees and 500
federally-owned chimpanzees being held in research laboratories would
be better off in sanctuaries. And by doing so we would save more than
$25 million taxpayer dollars each year. This is because the cost of
caring for a chimpanzee in a sanctuary is a fraction of the cost of
their housing and maintenance in a laboratory. And many in the
scientific community believe this money could be allocated to more
effective research.
In my home State of Washington, I am proud that we have Chimpanzee
Sanctuary Northwest. Chimpanzee Sanctuary Northwest provides
sustainable sanctuary for seven chimpanzees retired in 2008 from
decades in research facilities.
The United States is currently behind the rest of the world in
outlawing this sad practice.
Australia, Austria, Belgium, Japan, the Netherlands, New Zealand,
Sweden, and the United Kingdom have all banned or severely limited
experiments on great apes. And several other countries and the European
Union are considering similar bans as well.
We are the only country--besides Gabon in West Africa--that is still
holding or using chimpanzees for invasive research. It's past time for
the United States to catch up with the rest of the world by ending this
antiquated use of this endangered species.
[[Page S2454]]
We are lagging behind in action, but the desire to end invasive
research on Great Apes has been present for more than a decade. In
1997, the National Research Council concluded that there should be a
moratorium on further chimpanzee breeding. And the National Institutes
of Health (NIH) has already announced an end to funding for the
breeding of federally-owned chimpanzees for research, but this should
be codified.
Government needs to take action to make invasive research on
chimpanzees illegal.
That is why today I am introducing the bipartisan Great Ape
Protection and Cost Savings Act, along with my colleagues Senators
Susan Collins, Bernie Sanders and Joe Lieberman.
The Great Ape Protection and Cost Savings Act is a commonsense policy
reform to protect our closest living relatives in the animal kingdom
from physical and psychological harm, and help reduce government
spending and our federal deficit.
Specifically, this bill will phase out the use of chimpanzees in
invasive research over a three-year period, require permanent
retirement to suitable sanctuaries for the 500 federally-owned
chimpanzees currently being warehoused in research laboratories, and
codifies the current administrative moratorium on government-funded
breeding of chimpanzees.
We have been delaying this action for too long. It is time to get
this done and end this type of harmful research and end this wasteful
government spending.
____________________