[Congressional Record Volume 157, Number 149 (Thursday, October 6, 2011)]
[Senate]
[Pages S6332-S6348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. PRYOR (for himself and Mr. Cardin):
S. 1662. A bill to amend the Federal Food, Drug and Cosmetic Act to
establish a nanotechnology regulatory science program; to the Committee
on Health, Education, Labor, and Pensions.
Mr. PRYOR. Mr. President, I rise today with Senator Cardin to
introduce the Nanotechnology Regulatory Science Act of 2011 which will
authorize a program of regulatory science by the U.S. Food and Drug
Administration on nanotechnology-based medical and health products.
Nanotechnology holds great promise to revolutionize the development
of new medicines, drug delivery, and orthopedic implants while holding
down the cost of health care. However, Congress and the FDA must assure
the public that nanotechnology-based products are both safe and
efficacious. The Nanotechnology Regulatory Science Act of 2011 will
enable the FDA to properly study how nanomaterials are absorbed by the
human body, how nanomaterials designed to carry cancer fighting drugs
target and kill tumors, and how nanoscale texturing of bone implants
can make a stronger joint and reduce the threat of infection.
Nanotechnology, or the manipulation of material at dimensions between
1 and 100 nanometers, is a challenging scientific area. To put this
size scale in perspective, a human hair is 80,000 nanometers thick.
Nanomaterials have different chemical, physical, electrical and
biological characteristics than when used as larger, bulk materials.
For example, nanoscale silver has exhibited unique antibacterial
properties for treating infections and wounds. Nanomaterials have a
much larger ratio of surface area to mass than ordinary materials do.
It is at the surface of materials that biological and chemical
reactions take place and so we would expect nanomaterials to be more
reactive than bulk materials.
The novel characteristics of nanomaterials mean that risk assessments
developed for ordinary materials may be of limited use in determining
the health and public safety of products based on nanotechnology.
The FDA needs the tools and resources to assure the public that
nanotechnology-based medical and health products are safe and
effective. The development of a regulatory framework for the use of
nanomaterials in drugs, medical devices, cosmetics, sunscreens and food
additives must be based on scientific knowledge and data about each
specific technology and product. Without a robust regulatory science
framework there is no way to know what data to collect. More than a
dozen material characteristics have been suggested even for relatively
simple nanomaterials. Without better scientific knowledge of
nanomaterials and their behavior in the human body, we do not know what
data to collect and examine.
In 2007, the FDA Nanotechnology Task Force published a report
analyzing the FDA's scientific program and regulatory authority for
addressing nanotechnology in drugs, medical devices, biologics, and
food supplements. A general finding of the report is that nanoscale
materials present regulatory challenges similar to those posed by
products using other emerging technologies. However, these challenges
may be magnified because nanotechnology can be used to make almost any
FDA-regulated product. Also, at the nanoscale, the properties of a
material relevant to the safety and effectiveness of the FDA-regulated
products might change.
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The Task Force recommended that the FDA focus on improving its
scientific knowledge of nanotechnology to help ensure the agency's
regulatory effectiveness, particularly with regard to products not
subject to premarket authorization requirements.
The FDA has already reviewed and approved some nanotechnology-based
products. In the coming years, they expect a significant increase in
the use of nanomaterials in drugs, devices, biologics, cosmetics, food,
and over-the-counter products. This will require the FDA to devote more
of its regulatory attention to nanotechnology based products.
The FDA has already begun to devote some resources to the
understanding of the human health effects and safety of nanotechnology.
The FDA has established a Nanotechnology Core Facility at the National
Center for Toxicological Research in Jefferson Arkansas. In August,
Arkansas Governor Beebe and FDA Commissioner Hamburg signed a
memorandum understanding creating a Virtual Center of Excellence in
regulatory science pertaining to nanotechnology. Under the agreement,
the state's five research universities--the University of Arkansas,
Fayetteville; the University of Arkansas for Medical Sciences; the
University of Arkansas at Little Rock; the University of Arkansas at
Pine Bluff, and Arkansas State University--will work with the NCTR to
establish a nanotechnology collaborative research program dealing
specifically with toxicity. In addition, UAMS will offer a Master's
degree and a certification program in regulatory science.
Let me talk for a few minutes about two areas where nanotechnology is
already being applied to health care, the early detection of cancer and
multifunctional therapeutics.
The early detection of cancer can result in significant improvement
in human health care and reduction in cost. Nanotechnology offers
important new tools for detection where existing and more conventional
technologies may be reaching their limits. The present obstacle to
early detection of cancer lies in the inability of existing tools to
detect these molecular level changes directly during early phases in
the genesis of a cancer. Nanotechnology can provide smart contrast
agents and tools for real time imaging of a single cell and tissues at
the nanoscale.
Nanotechnology promises a host of minimally-invasive diagnostic
techniques and much research is aimed at ultra-sensitive labeling and
detection technologies. In the in vitro area, nanotechnology can help
define cancers by molecular signatures denoting processes that reflect
fundamental changes in cells and tissues that lead to cancer. Already,
investigators have developed novel nanoscale in vitro techniques that
can analyze genomic variations across different tumor types and
distinguish normal from malignant cells.
In the in vivo area, one of the most pressing needs in clinical
oncology is for imaging agents that can identify tumors that are far
smaller than is possible with today's technology. Achieving this level
of sensitivity requires better targeting of imaging agents and
generation of a larger imaging signal, both of which nanoscale devices
are capable of accomplishing.
Perhaps the greatest near-term impact of multifunctional therapeutic
compounds will come in the area of tumor targeting and cancer
therapies. Nanotechnology can be used to develop new methods of drug
delivery that better target selected tissues and cells, and to improve
on the efficiency of drug activity in the cytoplasm or nucleus. Drug
delivery applications will provide a solution to solubility problems,
as well as offer intracellular delivery possibilities.
The introduction of nanotechnology to multifunctional therapeutics is
at an early stage of development. The delivery of nanoscale
multifunctional therapeutics could permit very precise site specific
targeting of cancer cells. More sophisticated ``smart'' systems for
drug delivery still have to be developed that sense and respond to
specific chemical agents and are tailored to each patient.
Multifunctional therapeutic devices need to be developed that
simultaneously detect, diagnose, treat and monitor response to the
therapy. For example, various nanomaterials can be made to link with a
drug, a targeting molecule and an imaging agent to seek out cancers and
release their payload when required.
In conclusion, the Nanotechnology Regulatory Science Act of 2011 will
provide the FDA the authority necessary to scientifically study the
safety and effectiveness of nanotechnology-based drugs, delivery
systems, medical devices, orthopedic implants, cosmetics, and food
additives regulated by the agency. This bill is a sound investment on
the promise of nanotechnology to improve human health and reduce costs
in the 21st century.
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. 1662
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 ``Nanotechnology Regulatory
Science Act of 2011''.
SEC. 2. NANOTECHNOLOGY PROGRAM.
Chapter X of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 391 et seq.) is amended by adding at the end the
following:
``SEC. 1013. NANOTECHNOLOGY REGULATORY SCIENCE PROGRAM.
``(a) In General.--Not later than 180 days after the date
of enactment of the Nanotechnology Regulatory Science Act of
2011, the Secretary, in consultation with the Secretary of
Agriculture, shall establish within the Food and Drug
Administration a program for the scientific investigation of
nanomaterials included or intended for inclusion in products
regulated under this Act, to address the potential toxicology
of such materials, the effects of such materials on
biological systems, and interaction of such materials with
biological systems.
``(b) Program Purposes.--The purposes of the program
established under subsection (a) shall be to--
``(1) assess scientific literature and data on general
nanomaterials interactions with biological systems and on
specific nanomaterials of concern to Food and Drug
Administration;
``(2) in cooperation with other Federal agencies, develop
and organize information using databases and models that will
facilitate the identification of generalized principles and
characteristics regarding the behavior of classes of
nanomaterials with biological systems;
``(3) promote intramural Food and Drug Administration
programs and participate in collaborative efforts, to further
the understanding of the science of novel properties at the
nanoscale that might contribute to toxicity;
``(4) promote and participate in collaborative efforts to
further the understanding of measurement and detection
methods for nanomaterials;
``(5) collect, synthesize, interpret, and disseminate
scientific information and data related to the interactions
of nanomaterials with biological systems;
``(6) build scientific expertise on nanomaterials within
such Administration, including field and laboratory
expertise, for monitoring the production and presence of
nanomaterials in domestic and imported products regulated
under this Act;
``(7) ensure ongoing training, as well as dissemination of
new information within the centers of such Administration,
and more broadly across such Administration, to ensure
timely, informed consideration of the most current science;
``(8) encourage such Administration to participate in
international and national consensus standards activities;
and
``(9) carry out other activities that the Secretary
determines are necessary and consistent with the purposes
described in paragraphs (1) through (8).
``(c) Program Administration.--
``(1) Program manager.--In carrying out the program under
this section, the Secretary, acting through the Commissioner
of Food and Drugs, shall designate a program manager who
shall supervise the planning, management, and coordination of
the program.
``(2) Duties.--The program manager shall--
``(A) develop a detailed strategic plan for achieving
specific short- and long-term technical goals for the
program;
``(B) coordinate and integrate the strategic plan with
activities by the Food and Drug Administration and other
departments and agencies participating in the National
Nanotechnology Initiative; and
``(C) develop intramural Food and Drug Administration
programs, contracts, memoranda of agreement, joint funding
agreements, and other cooperative arrangements necessary for
meeting the long-term challenges and achieving the specific
technical goals of the program.
``(d) Reports.--Not later than March 15, 2014, the
Secretary shall submit to Congress a report on the program
carried out under this section. Such report shall include--
``(1) a review of the specific short- and long-term goals
of the program;
``(2) an assessment of current and proposed funding levels
for the program, including an
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assessment of the adequacy of such funding levels to support
program activities; and
``(3) a review of the coordination of activities under the
program with other departments and agencies participating in
the National Nanotechnology Initiative.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
fiscal year 2013, $16,000,000 for fiscal year 2014, and
$17,000,000 for fiscal year 2015. Amounts appropriated
pursuant to this subsection shall remain available until
expended.''.
______
By Mrs. FEINSTEIN:
S. 1664. A bill to amend titles 28 and 10, United States Code, to
allow for certiorari review of certain cases denied relief or review by
the United States Court of Appeals for the Armed Forces; to the
Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, today I am pleased to introduce the
Equal Justice for Our Military Act of 2011. The act would eliminate
inequities in current law by allowing court-martialed servicemembers
who face dismissal, discharge or confinement for a year or more to seek
review by the United States Supreme Court.
In our civilian courts today, all persons convicted of a crime, if
they lose on appeal, have a right to petition the U.S. Supreme Court
for discretionary review. Even enemy combatants have the right to
direct appellate review in the Supreme Court.
In contrast, however, our men and women in uniform do not share this
same right. Our military personnel have a limited right to appeal to
the U.S. Supreme Court. They can appeal to the U.S. Supreme Court only
if the U.S. Court of Appeals for the Armed Forces, CAAF, actually
conducts a review of their case or grants a petition for extraordinary
relief. In other words, if the CAAF refuses to take their case, or
denies their extraordinary relief petition, the servicemember has no
right to further review in the Supreme Court.
For fiscal years 2008 through 2010, the CAAF denied a total of 2230
petitions for review. The CAAF also averages about 20 denials of
extraordinary relief petitions every year. Taken together, this means
that there are more than 750 court-martial decisions per year in which
servicemembers are denied the opportunity to seek certiorari from the
Supreme Court.
In addition to this disparity between our civilian and military court
systems, there is another disparity within the military court system
itself. The government may petition the Supreme Court for review of
adverse court-martial rulings in any case where the charges are severe
enough to make a punitive discharge possible. But servicemembers do not
have the same rights to petition the Supreme Court that the military
prosecutors on the other side of the aisle have.
The bill I am introducing today is a simple one, which would correct
these inequities. It would allow servicemembers whose appeals are
denied review by the U.S. Court of Appeals for the Armed Forces, or who
were denied extraordinary relief, the opportunity to seek review of
those decisions by writ of certiorari to the U.S. Supreme Court.
While this legislation would provide a fairer legal process for
servicemembers, it would not unduly burden the military or the Supreme
Court. As noted in the 2010 House Judiciary Committee Report on the
legislation, the expanded Supreme Court review of court-martial
decisions authorized by the legislation would result in only about 80-
120 additional petitions for certiorari each year. Additionally, the
Congressional Budget Office has estimated that the increased workload
for Department of Defense attorneys and Supreme Court clerks would cost
less than $1 million each year.
Every day, our U.S. service personnel place their lives on the line
in defense of American rights. It is unacceptable for us to continue to
routinely deprive our men and women in uniform of one of those rights--
the ability to petition their Nation's highest court for direct relief.
It is a right given to common criminals in our civilian courts, to the
Government, and even to some of the terrorists who we hope to prosecute
as war criminals.
It is long past time we give them the same rights as the American
citizens they fight, and sometimes die, to protect. I urge my
colleagues to support this important legislation to give equal justice
to our U.S. servicemembers.
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. 1664
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 ``Equal Justice for Our
Military Act of 2011''.
SEC. 2. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE ARMED FORCES.
(a) In General.--Section 1259 of title 28, United States
Code, is amended
(1) in paragraph (3), by inserting ``or denied'' after
``granted''; and
(2) in paragraph (4), by inserting ``or denied'' after
``granted''.
(b) Technical and Conforming Amendments.--
(1) Title 10.--Section 867a(a) of title 10, United States
Code, is amended by striking ``The Supreme Court may not
review by a writ of certiorari under this section any action
of the Court of Appeals for the Armed Forces in refusing to
grant a petition for review.''.
(2) Time for application for writ of certiorari.--Section
2101(g) of title 28, United States Code, is amended to read
as follows:
``(g) The time for application for a writ of certiorari to
review a decision of the United States Court of Appeals for
the Armed Forces, or the decision of a Court of Criminal
Appeals that the United States Court of Appeals for the Armed
Forces refuses to grant a petition to review, shall be as
prescribed by rules of the Supreme Court.''.
SEC. 3. EFFECTIVE DATE.
(a) In General.--Subject to subsection (b), the amendments
made by this Act shall take effect upon the expiration of the
180-day period beginning on the date of the enactment of this
Act and shall apply to any petition granted or denied by the
United States Court of Appeals for the Armed Forces on or
after that effective date.
(b) Authority to Prescribe Rules.--The authority of the
Supreme Court to prescribe rules to carry out section 2101(g)
of title 28, United States Code, as amended by section
2(b)(2) of this Act, shall take effect on the date of the
enactment of this Act.
______
By Mr. HARKIN:
S. 1667. A bill to require certain standards and enforcement
provisions to prevent child abuse and neglect in residential programs,
and for other purposes; to the Committee on Health, Education, Labor,
and Pensions.
Mr. HARKIN. Mr. President, I am delighted to introduce this bill
today. This legislation will play a critical role in ensuring the
safety of our Nation's youth who especially deserve to be safe and
cared for when they are trying to get better in a residential treatment
facility. This bill is a companion to The Stop Child Abuse in
Residential Programs for Teens Act, which was introduced in the House
today by Representative George Miller. I commend Representative Miller
for his commitment to this important issue.
The emotional and mental well-being of our Nation's youth is of
paramount importance. In recent years, the prevalence of child abuse in
residential facilities has jeopardized the livelihood of our nation's
next generation. In 2005, The Government Accountability Office reported
over 1,500 incidences of abuse and neglect by facility staff in 34
States. These incidences included shocking cases in which youth were
denied food and water or held in stress positions for extended periods
of time. In 2006, 28 States reported at least one death in a
residential facility. This includes my State of Iowa and this is simply
unacceptable. These deaths were a result of accidents or suicides that,
in some instances, may have been caused by a lack of supervision or
neglect. In 2009, 1,770 children and youth died from maltreatment,
which in some cases, may be attributed to the inexperienced staff
members who lack the proper training or qualifications to serve in
their roles.
This legislation will make significant strides in improving the
quality of care in residential program facilities. This bill will make
improvements in four key areas that will ensure that our children and
youth our safe. First, it includes new national standards that will
prevent residential facilities from physically, mentally, or sexually
abusing children in their care. Second, this bill increases
transparency on qualifications, roles, and responsibilities of all
current staff members. Third, it increases restrictions that will hold
residential programs accountable for violating the law. Lastly, this
bill allows states the opportunity to step in to protect teens in
residential programs.
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I want to take a moment to acknowledge the youth who have lost their
lives while in the care of a residential treatment facility and their
parents and families. No child should be forced to suffer abuse,
neglect, injury, or even death while they are trying to better
themselves in a residential program.
I would also like to mention those who have worked so hard on my
staff. I would like to thank Dan Smith and Pam Smith, who do a great
job shepherding the undertakings of our committee. I would like to
thank Bethany Little, David Johns, Ashley Eden and Michael Gamel-
McCormick of my staff. This is a critical step forward to making sure
that we ensure the safety of America's youth.
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. 1667
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 ``Stop Child Abuse in
Residential Programs for Teens Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Children and Families of
the Department of Health and Human Services.
(2) Child.--The term ``child'' means an individual who has
not attained the age of 18.
(3) Child abuse and neglect.--The term ``child abuse and
neglect'' has the meaning given such term in section 3 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5101
note).
(4) Covered program.--
(A) In general.--The term ``covered program'' means each
location of a program operated by a public or private entity
that, with respect to one or more children who are unrelated
to the owner or operator of the program--
(i) provides a residential environment, such as--
(I) a program with a wilderness or outdoor experience,
expedition, or intervention;
(II) a boot camp experience or other experience designed to
simulate characteristics of basic military training or
correctional regimes;
(III) a therapeutic boarding school; or
(IV) a behavioral modification program; and
(ii) operates with a focus on serving children with--
(I) emotional, behavioral, or mental health problems or
disorders; or
(II) problems with alcohol or substance abuse.
(B) Exclusion.--The term ``covered program'' does not
include--
(i) a hospital licensed by the State; or
(ii) a foster family home that provides 24-hour substitute
care for children placed away from their parents or guardians
and for whom the State child welfare services agency has
placement and care responsibility and that is licensed and
regulated by the State as a foster family home.
(5) Protection and advocacy system.--The term ``protection
and advocacy system'' means a protection and advocacy system
established under section 143 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15043).
(6) State.--The term ``State'' has the meaning given such
term in section 3 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 note).
SEC. 3. STANDARDS AND ENFORCEMENT.
(a) Minimum Standards.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Assistant Secretary for
Children and Families of the Department of Health and Human
Services shall require each covered program, in order to
provide for the basic health and safety of children at such a
program, to meet the following minimum standards:
(A) Child abuse and neglect shall be prohibited.
(B) Disciplinary techniques or other practices that involve
the withholding of essential food, water, clothing, shelter,
or medical care necessary to maintain physical health, mental
health, and general safety, shall be prohibited.
(C) The protection and promotion of the right of each child
at such a program to be free from physical, chemical, and
mechanical restraints and seclusion (as such terms are
defined in section 595 of the Public Health Service Act (42
U.S.C. 290jj)) to the same extent and in the same manner as a
non-medical, community-based facility for children and youth
is required to protect and promote the right of its residents
to be free from such restraints and seclusion under such
section 595, including the prohibitions and limitations
described in subsection (b)(3) of such section.
(D) Acts of physical or mental abuse designed to humiliate,
degrade, or undermine a child's self-respect shall be
prohibited.
(E) Each child at such a program shall have reasonable
access to a telephone, and be informed of their right to such
access, for making and receiving phone calls with as much
privacy as possible, and shall have access to the appropriate
State or local child abuse reporting hotline number, and the
national hotline number referred to in subsection (c)(2).
(F) Each staff member, including volunteers, at such a
program shall be required, as a condition of employment, to
become familiar with what constitutes child abuse and
neglect, as defined by State law.
(G) Each staff member, including volunteers, at such a
program shall be required, as a condition of employment, to
become familiar with the requirements, including with State
law relating to mandated reporters, and procedures for
reporting child abuse and neglect in the State in which such
a program is located.
(H) Full disclosure, in writing, of staff qualifications
and their roles and responsibilities at such program,
including medical, emergency response, and mental health
training, to parents or legal guardians of children at such a
program, including providing information on any staff
changes, including changes to any staff member's
qualifications, roles, or responsibilities, not later than 10
days after such changes occur.
(I) Each staff member at a covered program described in
subclause (I) or (II) of section 2(4)(A)(i) shall be
required, as a condition of employment, to be familiar with
the signs, symptoms, and appropriate responses associated
with heatstroke, dehydration, and hypothermia.
(J) Each staff member, including volunteers with
unsupervised contact with children and youth, or more than 30
hours of supervised contact time per year, shall be required,
as a condition of employment, to submit to a criminal history
check, including a name-based search of the National Sex
Offender Registry established pursuant to the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248;
42 U.S.C. 16901 et seq.), a search of the State criminal
registry or repository in the State in which the covered
program is operating, and a Federal Bureau of Investigation
fingerprint check. An individual shall be ineligible to serve
in a position with any contact with children at a covered
program if any such record check reveals a felony conviction
for child abuse or neglect, spousal abuse, a crime against
children (including child pornography), or a crime involving
violence, including rape, sexual assault, or homicide, but
not including other physical assault or battery.
(K) Policies and procedures for the provision of emergency
medical care, including policies for staff protocols for
implementing emergency responses.
(L) All promotional and informational materials produced by
such a program shall include a hyperlink to or the URL
address of the website created by the Assistant Secretary
pursuant to subsection (c)(1)(A).
(M) Policies to require parents or legal guardians of a
child attending such a program--
(i) to notify, in writing, such program of any medication
the child is taking;
(ii) to be notified within 24 hours of any changes to the
child's medical treatment and the reason for such change; and
(iii) to be notified within 24 hours of any missed dosage
of prescribed medication.
(N) Procedures for notifying immediately, to the maximum
extent practicable, but not later than within 48 hours,
parents or legal guardians with children at such a program of
any--
(i) on-site investigation of a report of child abuse and
neglect;
(ii) violation of the health and safety standards described
in this paragraph; and
(iii) violation of State licensing standards developed
pursuant to section 114(b)(1) of the Child Abuse Prevention
and Treatment Act, as added by section 7 of this Act.
(O) Other standards the Assistant Secretary determines
appropriate to provide for the basic health and safety of
children at such a program.
(2) Regulations.--
(A) Interim regulations.--Not later than 180 days after the
date of the enactment of this Act, the Assistant Secretary
shall promulgate and enforce interim regulations to carry out
paragraph (1).
(B) Public comment.--The Assistant Secretary shall, for a
90-day period beginning on the date of the promulgation of
interim regulations under subparagraph (A) of this paragraph,
solicit and accept public comment concerning such
regulations. Such public comment shall be submitted in
written form.
(C) Final regulations.--Not later than 90 days after the
conclusion of the 90-day period referred to in subparagraph
(B) of this paragraph, the Assistant Secretary shall
promulgate and enforce final regulations to carry out
paragraph (1).
(b) Monitoring and Enforcement.--
(1) On-going review process.--Not later than 180 days after
the date of the enactment of this Act, the Assistant
Secretary shall implement an on-going review process for
investigating and evaluating reports of child abuse and
neglect at covered programs received by the Assistant
Secretary from the appropriate State, in accordance with
section 114(b)(3) of the Child Abuse Prevention and Treatment
Act, as added by section 7 of this Act. Such review process
shall--
(A) include an investigation to determine if a violation of
the standards required under subsection (a)(1) has occurred;
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(B) include an assessment of the State's performance with
respect to appropriateness of response to and investigation
of reports of child abuse and neglect at covered programs and
appropriateness of legal action against responsible parties
in such cases;
(C) be completed not later than 60 days after receipt by
the Assistant Secretary of such a report;
(D) not interfere with an investigation by the State or a
subdivision thereof; and
(E) be implemented in each State in which a covered program
operates until such time as each such State has satisfied the
requirements under section 114(c) of the Child Abuse
Prevention and Treatment Act, as added by section 7 of this
Act, as determined by the Assistant Secretary, or two years
has elapsed from the date that such review process is
implemented, whichever is later.
(2) Civil penalties.--Not later than 180 days after the
date of the enactment of this Act, the Assistant Secretary
shall promulgate regulations establishing civil penalties for
violations of the standards required under subsection (a)(1).
The regulations establishing such penalties shall incorporate
the following:
(A) Any owner or operator of a covered program at which the
Assistant Secretary has found a violation of the standards
required under subsection (a)(1) may be assessed a civil
penalty not to exceed $50,000 per violation.
(B) All penalties collected under this subsection shall be
deposited in the appropriate account of the Treasury of the
United States.
(c) Dissemination of Information.--The Assistant Secretary
shall establish, maintain, and disseminate information about
the following:
(1) Websites made available to the public that contain, at
a minimum, the following:
(A) The name and each location of each covered program, and
the name of each owner and operator of each such program,
operating in each State, and information regarding--
(i) each such program's history of violations of--
(I) regulations promulgated pursuant to subsection (a); and
(II) section 114(b)(1) of the Child Abuse Prevention and
Treatment Act, as added by section 7 of this Act;
(ii) each such program's current status with the State
licensing requirements under section 114(b)(1) of the Child
Abuse Prevention and Treatment Act, as added by section 7 of
this Act;
(iii) any deaths that occurred to a child while under the
care of such a program, including any such deaths that
occurred in the five-year period immediately preceding the
date of the enactment of this Act, and including the cause of
each such death;
(iv) owners or operators of a covered program that was
found to be in violation of the standards required under
subsection (a)(1), or a violation of the licensing standards
developed pursuant to section 114(b)(1) of the Child Abuse
Prevention and Treatment Act, as added by section 7 of this
Act, and who subsequently own or operate another covered
program; and
(v) any penalties levied under subsection (b)(2) and any
other penalties levied by the State, against each such
program.
(B) Information on best practices for helping adolescents
with mental health disorders, conditions, behavioral
challenges, or alcohol or substance abuse, including
information to help families access effective resources in
their communities.
(2) A national toll-free telephone hotline to receive
complaints of child abuse and neglect at covered programs and
violations of the standards required under subsection (a)(1).
(d) Action.--The Assistant Secretary shall establish a
process to--
(1) ensure complaints of child abuse and neglect received
by the hotline established pursuant to subsection (c)(2) are
promptly reviewed by persons with expertise in evaluating
such types of complaints;
(2) immediately notify the State, appropriate local law
enforcement, and the appropriate protection and advocacy
system of any credible complaint of child abuse and neglect
at a covered program received by the hotline;
(3) investigate any such credible complaint not later than
30 days after receiving such complaint to determine if a
violation of the standards required under subsection (a)(1)
has occurred; and
(4) ensure the collaboration and cooperation of the hotline
established pursuant to subsection (c)(2) with other
appropriate National, State, and regional hotlines, and, as
appropriate and practicable, with other hotlines that might
receive calls about child abuse and neglect at covered
programs.
SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL.
If the Assistant Secretary determines that a violation of
subsection (a)(1) of section 3 has not been remedied through
the enforcement process described in subsection (b)(2) of
such section, the Assistant Secretary shall refer such
violation to the Attorney General for appropriate action.
Regardless of whether such a referral has been made, the
Attorney General may, sua sponte, file a complaint in any
court of competent jurisdiction seeking equitable relief or
any other relief authorized by this Act for such violation.
SEC. 5. REPORT.
Not later than one year after the date of the enactment of
this Act and annually thereafter, the Secretary of Health and
Human Services, in coordination with the Attorney General
shall submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, a report on the
activities carried out by the Assistant Secretary and the
Attorney General under this Act, including--
(1) a summary of findings from on-going reviews conducted
by the Assistant Secretary pursuant to section 3(b)(1),
including a description of the number and types of covered
programs investigated by the Assistant Secretary pursuant to
such section;
(2) a description of types of violations of health and
safety standards found by the Assistant Secretary and any
penalties assessed;
(3) a summary of State progress in meeting the requirements
of this Act, including the requirements under section 114 of
the Child Abuse Prevention and Treatment Act, as added by
section 7 of this Act;
(4) a summary of the Secretary's oversight activities and
findings conducted pursuant to subsection (d) of such section
114; and
(5) a description of the activities undertaken by the
national toll-free telephone hotline established pursuant to
section 3(c)(2).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of
Health and Human Services $15,000,000 for each of fiscal
years 2012 through 2016 to carry out this Act (excluding the
amendment made by section 7 of this Act and section 8 of this
Act).
SEC. 7. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO
STATES TO PREVENT CHILD ABUSE AND NEGLECT AT
RESIDENTIAL PROGRAMS.
(a) In General.--Title I of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding
at the end the following new section:
``SEC. 114. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO
STATES TO PREVENT CHILD ABUSE AND NEGLECT AT
RESIDENTIAL PROGRAMS.
``(a) Definitions.--In this section:
``(1) Child.--The term `child' means an individual who has
not attained the age of 18.
``(2) Covered program.--
``(A) In general.--The term `covered program' means each
location of a program operated by a public or private entity
that, with respect to one or more children who are unrelated
to the owner or operator of the program--
``(i) provides a residential environment, such as--
``(I) a program with a wilderness or outdoor experience,
expedition, or intervention;
``(II) a boot camp experience or other experience designed
to simulate characteristics of basic military training or
correctional regimes;
``(III) a therapeutic boarding school; or
``(IV) a behavioral modification program; and
``(ii) operates with a focus on serving children with--
``(I) emotional, behavioral, or mental health problems or
disorders; or
``(II) problems with alcohol or substance abuse.
``(B) Exclusion.--The term `covered program' does not
include--
``(i) a hospital licensed by the State; or
``(ii) a foster family home that provides 24-hour
substitute care for children place away from their parents or
guardians and for whom the State child welfare services
agency has placement and care responsibility and that is
licensed and regulated by the State as a foster family home.
``(3) Protection and advocacy system.--The term `protection
and advocacy system' means a protection and advocacy system
established under section 143 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15043).
``(b) Eligibility Requirements.--To be eligible to receive
a grant under section 106, a State shall--
``(1) not later than three years after the date of the
enactment of this section, develop policies and procedures to
prevent child abuse and neglect at covered programs operating
in such State, including having in effect health and safety
licensing requirements applicable to and necessary for the
operation of each location of such covered programs that
include, at a minimum--
``(A) standards that meet or exceed the standards required
under section 3(a)(1) of the Stop Child Abuse in Residential
Programs for Teens Act of 2011;
``(B) the provision of essential food, water, clothing,
shelter, and medical care necessary to maintain physical
health, mental health, and general safety of children at such
programs;
``(C) policies for emergency medical care preparedness and
response, including minimum staff training and qualifications
for such responses; and
``(D) notification to appropriate staff at covered programs
if their position of employment meets the definition of
mandated reporter, as defined by the State;
``(2) develop policies and procedures to monitor and
enforce compliance with the licensing requirements developed
in accordance with paragraph (1), including--
``(A) designating an agency to be responsible, in
collaboration and consultation with
[[Page S6337]]
State agencies providing human services (including child
protective services, and services to children with emotional,
psychological, developmental, or behavioral dysfunctions,
impairments, disorders, or alcohol or substance abuse), State
law enforcement officials, the appropriate protection and
advocacy system, and courts of competent jurisdiction, for
monitoring and enforcing such compliance;
``(B) establishing a State licensing application process
through which any individual seeking to operate a covered
program would be required to disclose all previous
substantiated reports of child abuse and neglect and all
child deaths at any businesses previously or currently owned
or operated by such individual, except that substantiated
reports of child abuse and neglect may remain confidential
and all reports shall not contain any personally identifiable
information relating to the identity of individuals who were
the victims of such child abuse and neglect;
``(C) conducting unannounced site inspections not less
often than once every two years at each location of a covered
program;
``(D) creating a non-public database, to be integrated with
the annual State data reports required under section 106(d),
of reports of child abuse and neglect at covered programs
operating in the State, except that such reports shall not
contain any personally identifiable information relating to
the identity of individuals who were the victims of such
child abuse and neglect; and
``(E) implementing a policy of graduated sanctions,
including fines and suspension and revocation of licences,
against covered programs operating in the State that are out
of compliance with such health and safety licensing
requirements;
``(3) if the State is not yet satisfying the requirements
of this subsection, in accordance with a determination made
pursuant to subsection (c), develop policies and procedures
for notifying the Secretary and the appropriate protection
and advocacy system of any report of child abuse and neglect
at a covered program operating in the State not later than 30
days after the appropriate State entity, or subdivision
thereof, determines such report should be investigated and
not later than 48 hours in the event of a fatality;
``(4) if the Secretary determines that the State is
satisfying the requirements of this subsection, in accordance
with a determination made pursuant to subsection (c), develop
policies and procedures for notifying the Secretary if--
``(A) the State determines there is evidence of a pattern
of violations of the standards required under paragraph (1)
at a covered program operating in the State or by an owner or
operator of such a program; or
``(B) there is a child fatality at a covered program
operating in the State;
``(5) develop policies and procedures for establishing and
maintaining a publicly available database of all covered
programs operating in the State, including the name and each
location of each such program and the name of the owner and
operator of each such program, information on reports of
substantiated child abuse and neglect at such programs
(except that such reports shall not contain any personally
identifiable information relating to the identity of
individuals who were the victims of such child abuse and
neglect and that such database shall include and provide the
definition of `substantiated' used in compiling the data in
cases that have not been finally adjudicated), violations of
standards required under paragraph (1), and all penalties
levied against such programs;
``(6) annually submit to the Secretary a report that
includes--
``(A) the name and each location of all covered programs,
including the names of the owners and operators of such
programs, operating in the State, and any violations of State
licensing requirements developed pursuant to subsection
(b)(1); and
``(B) a description of State activities to monitor and
enforce such State licensing requirements, including the
names of owners and operators of each covered program that
underwent a site inspection by the State, and a summary of
the results and any actions taken; and
``(7) if the Secretary determines that the State is
satisfying the requirements of this subsection, in accordance
with a determination made pursuant to subsection (c), develop
policies and procedures to report to the appropriate
protection and advocacy system any case of the death of an
individual under the control or supervision of a covered
program not later than 48 hours after the State is informed
of such death.
``(c) Secretarial Determination.--The Secretary shall not
determine that a State's licensing requirements, monitoring,
and enforcement of covered programs operating in the State
satisfy the requirements of subsection (b) unless--
``(1) the State implements licensing requirements for such
covered programs that meet or exceed the standards required
under subsection (b)(1);
``(2) the State designates an agency to be responsible for
monitoring and enforcing compliance with such licensing
requirements;
``(3) the State conducts unannounced site inspections of
each location of such covered programs not less often than
once every two years;
``(4) the State creates a non-public database of such
covered programs, to include information on reports of child
abuse and neglect at such programs (except that such reports
shall not contain any personally identifiable information
relating to the identity of individuals who were the victims
of such child abuse and neglect);
``(5) the State implements a policy of graduated sanctions,
including fines and suspension and revocation of licenses
against such covered programs that are out of compliance with
the health and safety licensing requirements under subsection
(b)(1); and
``(6) after a review of assessments conducted under section
3(b)(1)(B) of the Stop Child Abuse in Residential Programs
for Teens Act of 2011, the Secretary determines the State is
appropriately investigating and responding to allegations of
child abuse and neglect at such covered programs.
``(d) Oversight.--
``(1) In general.--Beginning two years after the date of
the enactment of the Stop Child Abuse in Residential Programs
for Teens Act of 2011, the Secretary shall implement a
process for continued monitoring of each State that is
determined to be satisfying the licensing, monitoring, and
enforcement requirements of subsection (b), in accordance
with a determination made pursuant to subsection (c), with
respect to the performance of each such State regarding--
``(A) preventing child abuse and neglect at covered
programs operating in each such State; and
``(B) enforcing the licensing standards described in
subsection (b)(1).
``(2) Evaluations.--The process required under paragraph
(1) shall include in each State, at a minimum--
``(A) an investigation not later than 60 days after receipt
by the Secretary of a report from a State, or a subdivision
thereof, of child abuse and neglect at a covered program
operating in the State, and submission of findings to
appropriate law enforcement or other local entity where
necessary, if the report indicates--
``(i) a child fatality at such program; or
``(ii) there is evidence of a pattern of violations of the
standards required under subsection (b)(1) at such program or
by an owner or operator of such program;
``(B) an annual review by the Secretary of cases of reports
of child abuse and neglect investigated at covered programs
operating in the State to assess the State's performance with
respect to the appropriateness of response to and
investigation of reports of child abuse and neglect at
covered programs and the appropriateness of legal actions
taken against responsible parties in such cases; and
``(C) unannounced site inspections of covered programs
operating in the State to monitor compliance with the
standards required under section 3(a) of the Stop Child Abuse
in Residential Programs for Teens Act of 2011.
``(3) Enforcement.--If the Secretary determines, pursuant
to an evaluation under this subsection, that a State is not
adequately implementing, monitoring, and enforcing the
licensing requirements of subsection (b)(1), the Secretary
shall require, for a period of not less than one year, that--
``(A) the State shall inform the Secretary of each instance
there is a report to be investigated of child abuse and
neglect at a covered program operating in the State; and
``(B) the Secretary and the appropriate local agency shall
jointly investigate such report.''.
(b) Authorization of Appropriations.--Section 112(a)(1) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106h(a)(1)) is amended by striking ``$120,000,000'' and all
that follows through the period and inserting ``$235,000,000
for each of fiscal years 2012 through 2016.''.
(c) Conforming Amendments.--
(1) Coordination with available resources.--Section
103(c)(1)(D) of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5104(c)(1)(D)) is amended by inserting after
``specific'' the following: ``(including reports of child
abuse and neglect occurring at covered programs (except that
such reports shall not contain any personally identifiable
information relating to the identity of individuals who were
the victims of such child abuse and neglect), as such term is
defined in section 114)''.
(2) Further requirement.--Section 106(b)(1) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(1)) is
amended by adding at the end the following new subparagraph:
``(D) Further requirement.--To be eligible to receive a
grant under this section, a State shall comply with the
requirements under section 114(b) and shall include in the
State plan submitted pursuant to subparagraph (A) a
description of the activities the State will carry out to
comply with the requirements under such section 114(b).''.
(3) Annual state data reports.--Section 106(d) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is
amended--
(A) in paragraph (1), by inserting before the period at the
end the following: ``(including reports of child abuse and
neglect occurring at covered programs (except that such
reports shall not contain any personally identifiable
information relating to the identity of individuals who were
the victims of such child abuse and neglect), as such term is
defined in section 114)''; and
(B) in paragraph (6), by inserting before the period at the
end the following: ``or who were in the care of a covered
program, as such term is defined in section 114''.
[[Page S6338]]
(d) Clerical Amendment.--Section 1(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 note) is amended
by inserting after the item relating to section 113 the
following new item:
``Sec. 114. Additional eligibility requirements for grants to States to
prevent child abuse and neglect at residential
programs.''.
SEC. 8. STUDY AND REPORT ON OUTCOMES IN COVERED PROGRAMS.
(a) Study.--The Secretary of Health and Human Services
shall conduct a study, in consultation with relevant agencies
and experts, to examine the outcomes for children in both
private and public covered programs under this Act
encompassing a broad representation of treatment facilities
and geographic regions.
(b) Report.--The Secretary of Health and Human Services
shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
the Workforce of the House of Representatives a report that
contains the results of the study conducted under subsection
(a).
______
By Mr. CARDIN (for himself, Mrs. Boxer, and Mr. Reid):
S. 1669. A bill to authorize the Administrator of the Environmental
Protection Agency to establish a program of awarding grants to owners
or operators of water systems to increase the resiliency or
adaptability of the systems to any ongoing or forecasted changes to the
hydrologic conditions of a region of the United States; to the
Committee on Environment and Public Works.
Mr. CARDIN. Mr. President, today I am proud to introduce the Water
Infrastructure Resiliency and Sustainability Act of 2011 along with my
colleagues, Majority Leader Reid and Senator Boxer. This legislation
will allow local communities to improve their water infrastructure in
the face of changing hydrological conditions.
Improving our water infrastructure is a major challenge to my
constituents living in Maryland and to all Americans. It is no secret
that America's current water infrastructure systems are in poor
condition. Our water and wastewater systems have been given a D-, the
lowest possible grade. In the United States, close to 250,000 water
mains wasting 1.7 trillion gallons of water break each year.
Unfortunately, Marylanders have experienced this crisis first hand.
In July of this year, a water main break in Cumberland, Maryland,
caused close to $300,000 in damage to a local, family-owned business.
Last January, a Prince George's County water main break shut down a
portion of the Capital Beltway, closed local businesses and schools,
and required 400,000 residents to boil their drinking water to ensure
its safety.
The EPA has estimated that traditional necessary repairs and
replacement costs over the next twenty years will cost over $600
billion.
We, as a Congress, have stepped up in the past to assist communities
in fixing aging water infrastructure systems. The Safe Water Drinking
Act Amendments of 1996 established the Drinking Water State Revolving
Fund. The fund helps public water systems finance infrastructure
projects needed to comply with Federal safe drinking water regulations.
But we need to do more. EPA Administrator Lisa Jackson told Congress
that adapting to changing hydrological conditions is a ``significant
issue'' that water and waste water systems must address soon. These
hydrological changes will likely result in ``too little water in some
places, too much water in other places, and degraded water quality'' in
other areas across the country.
According to a recent study by the National Association of Clean
Water Agencies and the Association of Metropolitan Water Agencies, the
costs in dealing with this new recognized problem could approach $1
trillion through 2050.
The Water Infrastructure Resiliency and Sustainability Act aims to
help local communities meet the challenges of upgrading water
infrastructure systems to meet these hydrological changes. The bill
directs the EPA to establish a Water Infrastructure Resiliency and
Sustainability, WIRS, program. Grants will be awarded to eligible water
systems to make the necessary upgrades. Communities across the country
will be able to compete for federal matching funds, funds which in turn
will help finance projects to help communities overcome these threats.
Improving water conservation, adjustments to current infrastructure
systems, and funding programs to stabilize communities' existing water
supply are all projects WIRS grants will fund. WIRS will never grant
more than 50 percent of any project's cost, ensuring cooperation
between local communities and the federal government. The EPA will try
to award funds that use new and innovative ideas as often as possible.
A healthy water infrastructure is as important to America's economy
as paved roads and sturdy bridges. Water and wastewater investment has
been shown to spur economic growth. The U.S. Conference of Mayors has
found that for every dollar invested in water infrastructure, the Gross
Domestic Product is increased to more than $6. The Department of
Commerce has found that that same dollar yields close to $3 worth of
economic output in other industries. Every job created in local water
and sewer industries creates close to four jobs elsewhere in the
national economy.
This legislation would create jobs throughout the economy today,
while helping water and wastewater systems make improvements to keep
water clean and safe for tomorrow. I believe that by investing in water
infrastructure, we can make progress for the American people on both
jobs and clean, safe water.
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. 1669
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 ``Water Infrastructure
Resiliency and Sustainability Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Hydrologic condition.--The term ``hydrologic
condition'' means the quality, quantity, or reliability of
the water resources of a region of the United States.
(3) Owner or operator of a water system.--
(A) In general.--The term ``owner or operator of a water
system'' means an entity (including a regional, State,
tribal, local, municipal, or private entity) that owns or
operates a water system.
(B) Inclusions.--The term ``owner or operator of a water
system'' includes--
(i) a non-Federal entity that has operational
responsibilities for a federally-, tribally-, or State-owned
water system; and
(ii) an entity established by an agreement between--
(I) an entity that owns or operates a water system; and
(II) at least 1 other entity.
(4) Water system.--The term ``water system'' means--
(A) a community water system (as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f));
(B) a treatment works (as defined in section 212 of the
Federal Water Pollution Control Act (33 U.S.C. 1292)),
including a municipal separate storm sewer system (as such
term is used in that Act (33 U.S.C. 1251 et seq.));
(C) a decentralized wastewater treatment system for
domestic sewage;
(D) a groundwater storage and replenishment system;
(E) a system for transport and delivery of water for
irrigation or conservation; or
(F) a natural or engineered system that manages floodwater.
SEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY.
(a) Program.--The Administrator shall establish and
implement a program, to be known as the ``Water
Infrastructure Resiliency and Sustainability Program'', under
which the Administrator shall award grants for each of fiscal
years 2012 through 2016 to owners or operators of water
systems for the purpose of increasing the resiliency or
adaptability of the water systems to any ongoing or
forecasted changes (based on the best available research and
data) to the hydrologic conditions of a region of the United
States.
(b) Use of Funds.--As a condition on receipt of a grant
under this Act, an owner or operator of a water system shall
agree to use the grant funds exclusively to assist in the
planning, design, construction, implementation, operation, or
maintenance of a program or project that meets the purpose
described in subsection (a) by--
(1) conserving water or enhancing water use efficiency,
including through the use of water metering and electronic
sensing and control systems to measure the effectiveness of a
water efficiency program;
(2) modifying or relocating existing water system
infrastructure made or projected to
[[Page S6339]]
be significantly impaired by changing hydrologic conditions;
(3) preserving or improving water quality, including
through measures to manage, reduce, treat, or reuse municipal
stormwater, wastewater, or drinking water;
(4) investigating, designing, or constructing groundwater
remediation, recycled water, or desalination facilities or
systems to serve existing communities;
(5) enhancing water management by increasing watershed
preservation and protection, such as through the use of
natural or engineered green infrastructure in the management,
conveyance, or treatment of water, wastewater, or stormwater;
(6) enhancing energy efficiency or the use and generation
of renewable energy in the management, conveyance, or
treatment of water, wastewater, or stormwater;
(7) supporting the adoption and use of advanced water
treatment, water supply management (such as reservoir
reoperation and water banking), or water demand management
technologies, projects, or processes (such as water reuse and
recycling, adaptive conservation pricing, and groundwater
banking) that maintain or increase water supply or improve
water quality;
(8) modifying or replacing existing systems or constructing
new systems for existing communities or land that is being
used for agricultural production to improve water supply,
reliability, storage, or conveyance in a manner that--
(A) promotes conservation or improves the efficiency of use
of available water supplies; and
(B) does not further exacerbate stresses on ecosystems or
cause redirected impacts by degrading water quality or
increasing net greenhouse gas emissions;
(9) supporting practices and projects, such as improved
irrigation systems, water banking and other forms of water
transactions, groundwater recharge, stormwater capture,
groundwater conjunctive use, and reuse or recycling of
drainage water, to improve water quality or promote more
efficient water use on land that is being used for
agricultural production;
(10) reducing flood damage, risk, and vulnerability by--
(A) restoring floodplains, wetland, and upland integral to
flood management, protection, prevention, and response;
(B) modifying levees, floodwalls, and other structures
through setbacks, notches, gates, removal, or similar means
to facilitate reconnection of rivers to floodplains, reduce
flood stage height, and reduce damage to properties and
populations;
(C) providing for acquisition and easement of flood-prone
land and properties in order to reduce damage to property and
risk to populations; or
(D) promoting land use planning that prevents future
floodplain development;
(11) conducting and completing studies or assessments to
project how changing hydrologic conditions may impact the
future operations and sustainability of water systems; or
(12) developing and implementing measures to increase the
resilience of water systems and regional and hydrological
basins, including the Colorado River Basin, to rapid
hydrologic change or a natural disaster (such as tsunami,
earthquake, flood, or volcanic eruption).
(c) Application.--To seek a grant under this Act, the owner
or operator of a water system shall submit to the
Administrator an application that--
(1) includes a proposal for the program, strategy, or
infrastructure improvement to be planned, designed,
constructed, implemented, or maintained by the water system;
(2) provides the best available research or data that
demonstrate--
(A) the risk to the water resources or infrastructure of
the water system as a result of ongoing or forecasted changes
to the hydrological system of a region, including rising sea
levels and changes in precipitation patterns; and
(B) the manner in which the proposed program, strategy, or
infrastructure improvement would perform under the
anticipated hydrologic conditions;
(3) describes the manner in which the proposed program,
strategy, or infrastructure improvement is expected--
(A) to enhance the resiliency of the water system,
including source water protection for community water
systems, to the anticipated hydrologic conditions; or
(B) to increase efficiency in the use of energy or water of
the water system; and
(4) describes the manner in which the proposed program,
strategy, or infrastructure improvement is consistent with an
applicable State, tribal, or local climate adaptation plan,
if any.
(d) Priority.--
(1) Water systems at greatest and most immediate risk.--In
selecting grantees under this Act, subject to section 4(b),
the Administrator shall give priority to owners or operators
of water systems that are, based on the best available
research and data, at the greatest and most immediate risk of
facing significant negative impacts due to changing
hydrologic conditions.
(2) Goals.--In selecting among applicants described in
paragraph (1), the Administrator shall ensure that, to the
maximum extent practicable, the final list of applications
funded for each year includes a substantial number that
propose to use innovative approaches to meet 1 or more of the
following goals:
(A) Promoting more efficient water use, water conservation,
water reuse, or recycling.
(B) Using decentralized, low-impact development
technologies and nonstructural approaches, including
practices that use, enhance, or mimic the natural
hydrological cycle or protect natural flows.
(C) Reducing stormwater runoff or flooding by protecting or
enhancing natural ecosystem functions.
(D) Modifying, upgrading, enhancing, or replacing existing
water system infrastructure in response to changing
hydrologic conditions.
(E) Improving water quality or quantity for agricultural
and municipal uses, including through salinity reduction.
(F) Providing multiple benefits, including to water supply
enhancement or demand reduction, water quality protection or
improvement, increased flood protection, and ecosystem
protection or improvement.
(e) Cost-sharing Requirement.--
(1) Federal share.--The share of the cost of any program,
strategy, or infrastructure improvement that is the subject
of a grant awarded by the Administrator to the owner or
operator of a water system under subsection (a) paid through
funds distributed under this Act shall not exceed 50 percent
of the cost of the program, strategy, or infrastructure
improvement.
(2) Calculation of non-federal share.--In calculating the
non-Federal share of the cost of a program, strategy, or
infrastructure improvement proposed by a water system in an
application submitted under subsection (c), the Administrator
shall--
(A) include the value of any in-kind services that are
integral to the completion of the program, strategy, or
infrastructure improvement, including reasonable
administrative and overhead costs; and
(B) not include any other amount that the water system
involved receives from the Federal Government.
(f) Report to Congress.--Not later than 3 years after the
date of enactment of this Act, and every 3 years thereafter,
the Administrator shall submit to Congress a report that--
(1) describes the progress in implementing this Act; and
(2) includes information on project applications received
and funded annually under this Act.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this Act $50,000,000 for each of fiscal years 2012
through 2016.
(b) Reduction of Flood Damage, Risk, and Vulnerability.--Of
the amount made available to carry out this Act for a fiscal
year, not more than 20 percent may be made available to
grantees for activities described in subsection (b)(10).
______
By Mr. CARDIN (for himself, Mr. Blumenthal, Mr. Durbin, Mrs.
Gillibrand, Mr. Kerry, Mr. Lautenberg, Mr. Levin, Mr. Menendez,
Ms. Mikulski, and Ms. Stabenow):
S. 1670. A bill to eliminate racial profiling by law enforcement, and
for other purposes; to the Committee on the Judiciary.
Mr. CARDIN. Mr. President, today I am introducing legislation in the
Senate that would prohibit the use of racial profiling by Federal,
State, or local law enforcement agencies. The End Racial Profiling Act,
ERPA, had been introduced in previous Congresses by former Senator Russ
Feingold of Wisconsin and I am proud to follow his example. I want to
thank Senators Blumenthal, Durbin, Gillibrand, Kerry, Lautenberg,
Levin, Menendez, Mikulski, and Stabenow for joining me as original co-
sponsors of this legislation.
Racial profiling is ineffective. The more resources that are spent
investigating individuals solely because of their race or religion, the
fewer resources are being directed at suspects actually demonstrating
illegal behavior. Former DHS Secretary Michael Chertoff stated in
response to questions about the December 2001 bomb attempt by Richard
Reid that ``the problem is that the profile many people think they have
of what a terrorist is doesn't fit the reality . . . and in fact, one
of the things the enemy does is to deliberately recruit people who are
Western in background or in appearance, so that they can slip by people
who might be stereotyping.''
Racial profiling diverts scarce resources from real law enforcement.
In my own state of Maryland, in the 1990's, the ACLU brought a class-
action lawsuit against the Maryland State Police for illegally
targeting African-American motorists for stops and searches along
Maryland's highways. The parties ultimately entered into a federal
court consent decree in 2003 in which they made a joint statement that
emphasized in part ``the need to treat motorists of all races with
respect, dignity, and fairness under the
[[Page S6340]]
law is fundamental to good police work and a just society. The parties
agree that racial profiling is unlawful and undermines public safety by
alienating communities ``
Racial profiling demonizes entire communities and perpetuates
negative stereotypes based on an individual's race, ethnicity, or
religion. Earlier this year, I spoke out on the Senate floor and in the
Senate Judiciary Committee to share my thoughts on the hearings held in
the House of Representatives entitled ``The Extent of Radicalization in
the American Muslim Community and that Community's Response'' chaired
by Congressman Peter King. This hearing served only to fan flames of
fear and division. This spectacle crossed the line and chipped away at
the religious freedoms and civil liberties we hold so dearly.
Radicalization may be the appropriate subject of a Congressional
hearing but not when it is limited to one religion. When that is done,
it sends the wrong message to the public and casts a religion with
unfounded suspicions.
I agree with Attorney General Holder's remarks to the American-Arab
Anti-Discrimination Committee, where he stated that ``in this nation,
security and liberty are--at their best--partners, not enemies, in
ensuring safety and opportunity for all . . . I've spoken to Arab-
Americans who feel that they have not been afforded the full rights--
or, just as important, the full responsibilities--of their citizenship.
They tell me that, too often, it feels like `us versus them.' That is
intolerable . . . In this Nation, the document that sets forth the
supreme law of the land--the Constitution--is meant to empower, not
exclude . . . Racial profiling is wrong. It can leave a lasting scar on
communities and individuals. And it is, quite simply, bad policing--
whatever city, whatever state.''
Using racial profiling makes it less likely that certain affected
communities will voluntarily cooperate with law enforcement and
community policing efforts. Minorities living and working in these
communities may also feel discouraged from travelling freely, and it
corrodes the public's trust in government.
The bill I am introducing today, the End Racial Profiling Act, would
build on Department of Justice's current ``Guidance Regarding the Use
of Race by Federal Law Enforcement Agencies'' issued in 2003. This
official DOJ guidance certainly was a step forward, but it does not
have adequate provisions for data collection and enforcement for state
and local agencies. The DOJ guidance also does not have the force of
law.
ERPA would prohibit the use of racial profiling by Federal, State, or
local law enforcement agencies. The bill clearly defines racial
profiling to include race, ethnicity, national origin, or religion as
protected classes. It requires training of law enforcement officers to
ensure that they understand the law and its prohibitions. It creates
procedures for receiving, investigating, and resolving complaints about
racial profiling. It would apply equally to Federal, State, and local
law enforcement, which creates consistent standards at all levels of
government.
The vast majority of our law enforcement officials that put their
lives on the line every day handle their jobs with professionalism,
diligence, and fidelity to the rule of law. However, Congress and the
Justice Department can still take further steps to prohibit racial
profiling and root out its use. I look forward to working with my
colleagues to enact this legislation.
______
By Mr. AKAKA (for himself and Mrs. Feinstein):
S. 1673. A bill to establish the Office of Agriculture Inspection
within the Department of Homeland Security, which shall be headed by
the Assistant Commissioner for Agriculture Inspection, and for other
purposes; to the Committee on Homeland Security and Governmental
Affairs.
Mr. AKAKA. Mr. President, I rise today to introduce the Safeguarding
American Agriculture Act of 2011, with Senator Feinstein.
With the recent ten-year anniversary of the September 11 terrorist
attacks, it is appropriate to reflect on the significant changes our
country has undertaken to strengthen our homeland defenses. We must
examine how well we are protecting the American people and our way of
life today, and, where vulnerabilities remain, take decisive action to
bolster our defenses. The act we introduce today does just this, by
seeking to strengthen our Nation's agricultural import and entry
inspection functions to better safeguard American agriculture and
natural resources against foreign pests and disease.
Invasive species arrive at U.S. ports of entry every day, often
hidden in the wooden crates, pallets, and shipping containers used to
transport agricultural cargo, or concealed in the imported goods
themselves. Failure to detect and intercept these non-native pests and
diseases imposes serious economic and social costs on all Americans.
The U.S. Department of Agriculture estimates that foreign pests and
disease already cost the U.S. economy tens of billions of dollars
annually in lower crop values, eradication programs, emergency payments
to farmers, and increased costs for food and other natural resources.
The invasive asian stink bug, for example, is ravaging mid-Atlantic
crops, often destroying significant portions of apple, peach,
blackberry, raspberry, strawberry, tomato, pepper, sweet corn, and
soybean harvests. The bug continues to spread despite ongoing Federal,
State, and local eradication efforts. Invasive species threaten our
competitiveness in international trade when trading partners decide to
stop importing U.S. agricultural products due to the presence of an
invasive pest or disease. For example, Japan continues to ban the
importation of fresh potatoes from Idaho due to a 2006 outbreak of
Potato Cyst Nematode in the State. A research team comprised of
biologists and economists from U.S. and Canadian universities and the
U.S. Forest Service published a study last month finding that invasive
wood-boring pests, such as the emerald ash borer and the asian
longhorned beetle, cost homeowners an estimated $830 million a year in
lost property values and cost local governments an estimated $1.7
billion a year as a result of damaged trees and woodlands. Worst of
all, according to the U.S. Government Accountability Office, the
accidental or deliberate introduction of a foreign disease, such as
avian influenza or foot-and-mouth disease, would likely result in
catastrophic economic losses for our Nation and take lives.
In light of the current and potential staggering economic costs of
invasive species--which fall on businesses, taxpayers, and local
governments that have no way to avoid the harm it is clear that
focusing on prevention, specifically improving agricultural import and
entry inspection operations at our ports of entry, is a very cost-
effective strategy.
Of course, economic costs are just one aspect of the severe
consequences that can result from foreign pests and disease slipping
through our ports. In my home State of Hawai'i, which is home to more
endangered species per square mile than any other area on the planet,
invasive species and disease could permanently devastate our fragile
ecosystem. In many regions of the country, invasive species threaten
native fish prized by fisherman, and destroy wetlands that support
waterfowl hunting. Even an important part of our American tradition and
pastime, baseball, is at stake. For the past 127 years in Kentucky,
Louisville Slugger, the world's largest and oldest maker of baseball
bats, has manufactured high quality baseball bats from northern white
ash trees harvested in Pennsylvania and New York. However, the company
is very concerned that the destructive emerald ash borer beetle, which
has already destroyed millions of ash trees in several States,
including Michigan, Wisconsin, Ohio, Pennsylvania, and New York, could
lead to the extinction of northern white ash trees, preventing
Louisville Slugger from providing future generations with the company's
famous ash bats.
Following the attacks of September 11, Congress passed the Homeland
Security Act of 2002, which unified Federal customs, immigration, and
agriculture inspection officers under the new U.S. Department of
Homeland Security. The decision to transfer frontline agricultural
import and entry inspection functions from the Department of
Agriculture's Animal and Plant Health Inspection Service, or APHIS,
into the Department of Homeland Security's Customs and Border
[[Page S6341]]
Protection, or CBP, was a controversial decision.
I have long been concerned that the transfer resulted in significant
disruptions to the agriculture mission and undermined the effectiveness
of agricultural inspections. Other Members of Congress have expressed
similar concerns, and there have even been efforts to remove
agricultural inspection responsibilities from the Department of
Homeland Security and return them to the Department of Agriculture.
While I understand these sentiments, as Chairman of the Subcommittee
on Oversight of Government Management, I understand that such drastic
reorganizations are often costly and disruptive. In light of our
Nation's fiscal challenges, I have concluded it is most efficient and
effective to focus on strengthening the agricultural inspection mission
within CBP, which in recent years, has made meaningful progress in
stabilizing the agency's agricultural import and entry inspection
operations.
The Safeguarding American Agriculture Act seeks to build upon these
gains and fully achieve important measures of success identified in the
June 2007 Report of the APHIS-CBP Joint Task Force on Improved
Agriculture Inspection, which stated ``Success will be accomplished
when the agriculture function within CBP is positioned prominently
throughout the organization. The potential introduction of plant and
animal pest and diseases will be regarded with the same fervor as all
other mission areas within CBP.''
The Act would enhance the priority of, and accountability for, the
agriculture mission by establishing within CBP an Office of Agriculture
Inspection led by an Assistant Commissioner responsible for improving
agricultural inspections across the Nation. This provision would
improve efficiency and coordination by unifying agriculture policy
development with agriculture operations. An agricultural chain of
command that extends from the Assistant Commissioner for Agriculture
Inspection to frontline agriculture specialists at the ports would also
effectively address a key issue the task force identified in its 2007
report: ``Management and leadership infrastructure supporting the
agriculture mission in CBP should be staffed and empowered at levels
equivalent to other functional mission areas in CBP.''
Under the present organizational structure, the Deputy Executive
Director for CBP's office of Agriculture Operational Oversight within
the office of Agriculture Programs and Trade Liaison, which falls under
the Office of Field Operations, is responsible for improving oversight
of the agricultural mission across all CBP field offices by ensuring a
more consistent application of agriculture inspection policy. However,
the Deputy Executive Director lacks operational authority over the
agriculture mission. Moreover, the dissemination and implementation of
agricultural policy at the ports is ultimately at the discretion of CBP
Officers who typically do not have agriculture expertise and are
primarily focused on the critical mission of preventing terrorists and
terrorist weapons from entering the country.
To maintain a highly skilled and motivated agriculture specialist
workforce, the Act would require CBP to create a comprehensive
agriculture specialist career track that identifies appropriate career
paths and ensures that agriculture specialists receive the training,
experience, and assignments necessary for successful career. The bill
also would require CBP to develop plans to improve agriculture
specialist recruitment and retention and to make sure agriculture
specialists have the necessary equipment and resources to effectively
carry out their mission.
To strengthen critical working relationships and promote interagency
experience, the Act would authorize the Secretary of Homeland Security
and the Secretary of Agriculture to establish an interagency rotation
program for CBP and APHIS personnel.
Taken together, the enhancements contained in the Safeguarding
American Agriculture Act of 2011 would elevate the stature of the
agriculture mission in CBP to match the magnitude of the challenge
posed by invasive pests and disease. I strongly urge my colleagues to
support this important legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1673
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 ``Safeguarding American
Agriculture Act of 2011''.
SEC. 2. ESTABLISHMENT OF THE OFFICE OF AGRICULTURE
INSPECTION.
Title IV of the Homeland Security Act of 2002 (6 U.S.C. 201
et seq.) is amended by inserting after section 421 the
following:
``SEC. 421A. OFFICE OF AGRICULTURE INSPECTION.
``(a) Establishment.--There is established within U.S.
Customs and Border Protection an Office of Agriculture
Inspection, which shall be headed by an Assistant
Commissioner.
``(b) Agriculture Specialist Career Track.--
``(1) In general.--The Secretary, acting through the
Commissioner of U.S. Customs and Border Protection, and in
consultation with the Assistant Commissioner for Agriculture
Inspection--
``(A) shall identify appropriate career paths for customs
and border protection agriculture specialists, including the
education, training, experience, and assignments necessary
for career progression within U.S. Customs and Border
Protection;
``(B) shall publish information on the career paths
identified under paragraph (1); and
``(C) may establish criteria by which appropriately
qualified customs and border protection technicians may be
promoted to customs and border protection agriculture
specialists.
``(c) Education, Training, and Experience.--The Secretary,
acting through the Commissioner of U.S. Customs and Border
Protection, and in consultation with the Assistant
Commissioner for Agriculture Inspection, shall provide
customs and border protection agriculture specialists the
opportunity to acquire the education, training, and
experience necessary to qualify for promotion within U.S.
Customs and Border Protection.
``(d) Agriculture Specialist Recruitment and Retention.--
Not later than 270 days after the date of the enactment of
the Safeguarding American Agriculture Act of 2011, the
Secretary, acting through the Commissioner of U.S. Customs
and Border Protection, and in consultation with the Assistant
Commissioner for Agriculture Inspection, shall develop a plan
to more effectively recruit and retain qualified customs and
border protection agriculture specialists. The plan shall
include--
``(1) numerical goals for recruitment and retention; and
``(2) the use of recruitment incentives, as appropriate and
permissible under existing laws and regulations.
``(e) Equipment Support.--Not later than 270 days after the
date of the enactment of the Safeguarding American
Agriculture Act of 2011, the Commissioner of U.S. Customs and
Border Protection, in consultation with the Assistant
Commissioner for Agriculture Inspection, shall--
``(1) determine the minimum equipment and other resources
that are necessary at U.S. Customs and Border Protection
agriculture inspection stations and facilities to enable
customs and border protection agriculture specialists to
fully and effectively carry out their mission;
``(2) complete an inventory of the equipment and other
resources available at each U.S. Customs and Border
Protection agriculture inspection station and facility;
``(3) identify the necessary equipment and other resources
that are not currently available at agriculture inspection
stations and facilities; and
``(4) develop a plan to address any resource deficiencies
identified under paragraph (3).
``(f) Interagency Rotation Program.--The Secretary of
Homeland Security and the Secretary of Agriculture are
authorized to enter into an agreement that--
``(1) establishes an interagency rotation program; and
``(2) provides for personnel of the Animal and Plant Health
Inspection Service of the Department of Agriculture to take
rotational assignments within the Office of Agriculture
Inspection and vice versa for the purposes of strengthening
working relationships between agencies and promoting
interagency experience.''.
SEC. 3. REPORT.
Not later than 270 days after the date of the enactment of
this Act, the Secretary, acting through the Commissioner of
U.S. Customs and Border Protection, and in consultation with
the Assistant Commissioner for Agriculture Inspection, shall
submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and that Committee on
Homeland Security of the House of Representatives that
describes--
(1) the status of the implementation of the action plans
developed by the Animal and Plant Health Inspection Service-
U.S. Customs and Border Protection Joint Task Force on
Improved Agriculture Inspection;
(2) the findings of the Commissioner under paragraphs (1),
(2), and (3) of section 421a(e)
[[Page S6342]]
of the Homeland Security Act of 2002, as added by section 2;
and
(3) the plan described in paragraph (4) of such section
421a(e).
(4) the implementation of the remaining requirements under
such section 421a; and
(5) any additional legal authority that the Secretary
determines to be necessary to effectively carry out the
agriculture inspection mission of the Department of Homeland
Security.
______
By Mr. REED:
S. 1674. A bill to improve teacher quality, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, today I introduce the Effective Teaching and
Leading Act to foster the development of highly skilled and effective
educators.
We are working towards reauthorizing the Elementary and Secondary
Education Act--ESEA--this Congress for the first time since 2001. One
of my highest priorities for reauthorization is to build the capacity
of our Nation's schools to enhance the effectiveness of teachers,
principals, school librarians, and other school leaders.
Decades of research have demonstrated that improving educator and
principal quality as well as greater family involvement are the keys to
raising student achievement and turning around struggling schools. To
strengthen teaching and school leadership, the Effective Teaching and
Leading Act would amend Title II of the Elementary and Secondary
Education Act, ESEA, to provide targeted assistance to schools to
develop and support effective teachers, school librarians, principals,
and school leaders through implementation of comprehensive induction,
professional development, and evaluation systems.
Every year across the country thousands of teachers leave the
profession--many within their first years of teaching. A report by the
National Commission on Teaching and America's Future has estimated that
the nationwide cost of replacing public school teachers who have
dropped out of the profession is $7.3 billion annually.
Fortunately, we have some proven strategies to support teachers that
will keep them in our schools. Evidence has shown that providing new
teachers with comprehensive mentoring and support during their two
years reduces teacher attrition by as much as half and increases
student learning gains. The Effective Teaching and Leading Act would
help schools implement the key elements of effective multi-year
mentoring and induction for beginning teachers.
The bill also significantly revises ESEA's current definition of
``professional development'' to foster an ongoing culture of teacher,
principal, school librarian, and staff collaboration throughout
schools. All too often current professional development still consists
of isolated, check-the-box activities instead of helping educators
engage in sustained professional learning that is regularly evaluated
for its impact on classroom practice and student achievement. Effective
professional development is collaborative, job-embedded, and data-
driven.
It is also clear that evaluation systems have an important role to
play in teacher and principal development. Through Race to the Top and
other initiatives many states and school systems are focusing on
reforming their evaluation systems. When evaluation is done right, it
provides teachers and principals with individualized ongoing feedback
on their strengths and weaknesses and offers a path to improvement. The
Effective Teaching and Leading Act would require school districts to
establish rigorous, fair, and transparent evaluation systems that use
multiple measures, including growth in student achievement.
Principals and school leaders also have a critical role to play in
leading school improvement efforts and managing a collaborative culture
of ongoing professional learning and development. Research has shown
that leadership is second only to classroom instruction among school-
related factors that influence student outcomes. As such, this bill
would provide ongoing high-quality professional development to
principals and school leaders, including multi-year induction and
mentoring for new administrators.
Recognizing the importance of creating career advancement and
leadership opportunities for teachers, the Effective Teaching and
Leading Act supports opportunities for teachers to serve as mentors,
instructional coaches, or master teachers, or take on increased
responsibility for professional development, curriculum, or school
improvement activities and calls for significant and sustainable
stipends for teachers that take on these new roles and
responsibilities.
The bill also addresses working conditions that are so critical for
effective teaching. Under the legislation, districts would conduct
surveys of the working and learning conditions educators face so this
data could be used to better target investments and support.
Improving teaching and school leadership is not simply a matter of
sorting the good teachers and principals from the bad. What is needed
is a comprehensive and integrated approach that supports new teachers
and leaders as they enter the profession; provides on-going
professional development that helps them improve and their students to
achieve; and that fairly assesses performance and provides feedback for
improvement. This is the approach taken by the Effective Teaching and
Leading Act.
I worked with a range of education organizations in developing this
bill, including the American Federation of Teachers; American
Association of Colleges for Teacher Education; Association for
Supervision and Curriculum Development; National Association of
Elementary School Principals; National Association of Secondary School
Principals; National Board for Professional Teaching Standards;
Learning Forward; and the New Teacher Center. I thank them for their
input and support for the bill.
I urge my colleagues to cosponsor the Effective Teaching and Leading
Act and work for its inclusion in the upcoming reauthorization of the
Elementary and Secondary Education Act.
Mr. President, I ask unanimous consent that this 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. 1674
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 ``Effective Teaching and
Leading Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Teacher quality is the single most important in-school
factor influencing student learning and achievement.
(2) A report by William L. Sanders and June C. Rivers
showed that if 2 average 8-year-old students were given
different teachers, 1 of them a high performer, the other a
low performer, the students' performance diverged by more
than 50 percentile points within 3 years.
(3) A similar study by Heather Jordan, Robert Mendro, and
Dash Weerasinghe showed that the performance gap between
students assigned 3 effective teachers in a row, and those
assigned 3 ineffective teachers in a row, was 49 percentile
points.
(4) In Boston, research has shown that students placed with
high-performing mathematics teachers made substantial gains,
while students placed with the least effective teachers
regressed and their mathematics scores decreased.
(5) McKinsey & Company found that studies that take into
account all of the available evidence on teacher
effectiveness suggest that students placed with high-
performing teachers will progress 3 times as fast as those
placed with low-performing teachers.
(6) A 2003 study by Richard Ingersoll found that new
teachers, not just those in hard-to-staff schools, face such
challenging working conditions that nearly one-half leave the
profession within their first 5 years, one-third leave within
their first 3 years, and 14 percent leave by the end of their
first year.
(7) A report by the National Commission on Teaching and
America's Future estimated that the nationwide cost of
replacing public school teachers who have dropped out of the
profession is $7,300,000,000 annually.
(8) A randomized controlled trial of comprehensive teacher
induction, sponsored by the Institute of Education Sciences
found that beginning teachers who received 2 years of
induction support produced greater student learning gains as
a result, the equivalent of a student moving from the 50th to
58th percentile in mathematics achievement and from the 50th
to 54th percentile in reading achievement.
(9) Research by Thomas Smith, Richard Ingersoll, Michael
Strong, Anthony Villar, and
[[Page S6343]]
Jonah Rockoff has shown that comprehensive mentoring and
induction reduces teacher attrition by as much as one-half
and strengthens new teacher effectiveness.
(10) A recent School Redesign Network at Stanford
University and National Staff Development Council report by
Linda Darling-Hammond, Ruth Chung Wei, Alethea Andree, Nikole
Richardson, and Stelios Orphanos found that--
(A) a set of programs that offered substantial contact
hours of professional development (ranging from 30 to 100
hours in total) spread over 6 to 12 months showed a positive
and significant effect on student achievement gains; and
(B) intensive professional development, especially when it
includes applications of knowledge to teachers' planning and
instruction, has a greater chance of influencing teacher
practices, and in turn, leading to gains in student learning,
and such intensive professional development has shown a
positive and significant effect on student achievement gains,
in some cases by approximately 21 percentile points.
(11) Teachers can acquire and use new knowledge and skills
in their instruction when provided with adequate
opportunities to learn, according to ``Student Achievement
Through Staff Development'' published by ASCD, which found
that more than 90 percent of participants attained skill
proficiency if it includes theory presentation,
demonstration, practice, and peer coaching.
(12) Recent reports from the Center for American Progress,
Education Sector, Hope Street Group, and the New Teacher
Project have collectively demonstrated the significant flaws
in current teacher evaluation and implementation, and the
necessity for redesigning these systems and linking such
evaluation to individualized feedback and substantive
targeted support in order to ensure effective teaching.
(13) Research by Kenneth Leithwood, Karen Seashore Louis,
Stephen Anderson, and Kyla Wahlstrom found that--
(A) leadership is second only to classroom instruction
among school-related factors that influence student outcomes;
and
(B) direct and indirect leadership effects account for
about one-quarter of total school effects on student
learning.
(14) Research by Charles Clotfelter, Helen Ladd, Kenneth
Leithwood, Anthony Milanowski, and the New Teacher Center has
shown that the quality of working conditions, particularly
supportive school leadership, impacts student academic
achievement and teacher recruitment, retention, and
effectiveness.
(15) Since 1965, more than 60 education and library studies
have produced clear evidence that school libraries staffed by
qualified librarians have a positive impact on student
academic achievement, with a recent analysis of reading
scores from 2004-2009 showing that fewer librarians
translated to lower performance, or a slower rise in scores,
on standardized tests.
(b) Purposes.--The purposes of this Act are to build
capacity for developing effective teachers and principals in
our Nation's schools through--
(1) the redesign of teacher and principal evaluation and
assessment systems;
(2) comprehensive, high-quality, rigorous, multi-year
induction and mentoring programs for beginning teachers,
principals, and other school leaders;
(3) systematic, sustained, and coherent professional
development for all teachers that is team-based and job-
embedded;
(4) systematic, sustained, and coherent professional
development for school principals, other school leaders,
school librarians, paraprofessionals, and other staff; and
(5) increased teacher leadership opportunities, including
compensation for teacher leaders who take on new roles in
providing school-based professional development, mentoring,
rigorous evaluation, and instructional coaching.
SEC. 3. DEFINITIONS.
Section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801) is amended--
(1) by striking paragraph (34) and inserting the following:
``(34) Professional development.--The term `professional
development' means comprehensive, sustained, and intensive
support, provided for teachers, principals, school
librarians, other school leaders, and other instructional
staff, that--
``(A) fosters collective responsibility for improved
student learning;
``(B) is designed and implemented in a manner that
increases teacher, principal, school librarian, other school
leader, paraprofessional, and other instructional staff
effectiveness in improving student learning and strengthening
classroom practice;
``(C) analyzes and uses--
``(i) real-time data and information collected from--
``(I) evidence of student learning;
``(II) evidence of classroom practice; and
``(III) the State's longitudinal data system; and
``(ii) other relevant data collected by the school or local
educational agency;
``(D) is aligned with--
``(i) rigorous State student academic achievement standards
developed under section 1111(b)(1);
``(ii) related academic and school improvement goals of the
school, local educational agency, and statewide curriculum;
``(iii) statewide and local curricula; and
``(iv) rigorous standards of professional practice and
development;
``(E) includes frequently scheduled, significant blocks of
time during the regular school day among established
collaborative teams of teachers, principals, school
librarians, other school leaders, and other instructional
staff, by grade level and content area (to the extent
applicable and practicable), which teams engage in a
continuous cycle of professional learning and improvement
that--
``(i) identifies, reviews, and analyzes--
``(I) evidence of student learning; and
``(II) evidence of classroom practice;
``(ii) defines a clear set of educator learning goals to
improve student learning and strengthen classroom practice
based on the rigorous analysis of evidence of student
learning and evidence of classroom practice;
``(iii) develops and implements coherent, sustained, and
evidenced-based professional development strategies to meet
such goals (including through instructional coaching, lesson
study, and study groups organized at the school, team, or
individual levels);
``(iv) provides learning opportunities for teachers to
collectively develop and refine student learning goals and
the teachers' instructional practices and the use of
formative assessment;
``(v) provides an effective mechanism to support the
transfer of new knowledge and skills to the classroom
(including utilizing teacher leaders, instructional coaches,
school librarians, and content experts to support such
transfer); and
``(vi) provides opportunities for follow-up, observation,
and formative feedback and assessment of the teacher's
classroom practice, on a regular basis and in a manner that
allows each such teacher to identify areas of classroom
practice that need to be strengthened, refined, and improved;
``(F) regularly assesses the effectiveness of the support,
and uses such assessments to inform ongoing improvements,
in--
``(i) improving student learning; and
``(ii) strengthening classroom practice; and
``(G) supports the recruiting, hiring, and training of
highly qualified teachers, including teachers who become
highly qualified through State and local alternative routes
to certification or licensure.'';
(2) by adding at the end the following:
``(44) Evidence of classroom practice.--The term `evidence
of classroom practice' means evidence of practice gathered
from a classroom through multiple formats and sources,
including some or all of the following:
``(A) Demonstration of effective teaching skills.
``(B) Classroom observations based on rigorous teacher
performance standards or rubrics.
``(C) Student work.
``(D) Teacher portfolios.
``(E) Videos of teacher practice.
``(F) Lesson plans.
``(G) Information on the extent to which the teacher
collaborates and shares best practices with other teachers
and instructional staff.
``(H) Information on the teacher's successful use of
research and data.
``(I) Parent, student, and peer feedback.
``(45) Evidence of student learning.--The term `evidence of
student learning' means--
``(A) valid and reliable data on student learning, which
shall include data based on student learning gains on State
student academic assessments under section 1111(b)(3) and
other State student academic achievement assessments, where
available; and
``(B) other evidence of student learning, including some or
all of the following:
``(i) Student work, including measures of performance
criteria and evidence of student growth.
``(ii) Teacher-generated information about student goals
and growth.
``(iii) Parental feedback about student goals and growth.
``(iv) Formative assessments.
``(v) Summative assessments.
``(vi) Objective performance-based assessments.
``(vii) Assessments of affective engagement and self-
efficacy.
``(46) Lowest achieving school.--The term `lowest achieving
school' means a school served by a local educational agency
that--
``(A) is failing to make adequate yearly progress as
described in section 1111(b)(2), for the greatest number of
subgroups described in section 1111(b)(2)(C)(v) and by the
greatest margins, as compared to the other schools served by
the local educational agency; and
``(B) in the case of a secondary school, has a graduation
rate of less than 65 percent.
``(47) School leader.--The term `school leader' means an
individual who--
``(A) is an employee or officer of a school; and
``(B) is responsible for--
``(i) the school's performance; and
``(ii) the daily instructional and managerial operations of
the school.
``(48) Teaching skills.--The term `teaching skills' means
skills that enable a teacher to--
``(A) increase student learning, achievement, and the
ability to apply knowledge;
``(B) effectively convey and explain academic subject
matter;
``(C) actively engage students and personalize learning;
``(D) effectively teach higher-order analytical,
evaluation, problem-solving, and communication skills;
[[Page S6344]]
``(E) develop and effectively apply new knowledge, skills,
and practices;
``(F) employ strategies grounded in the disciplines of
teaching and learning that--
``(i) are based on empirically based practice and
scientifically valid research, where applicable, related to
teaching and learning;
``(ii) are specific to academic subject matter;
``(iii) focus on the identification of students' specific
learning needs, (including children with disabilities,
students who are limited English proficient, students who are
gifted and talented, and students with low literacy levels),
and the tailoring of academic instruction to such needs; and
``(iv) enable effective inclusion of children with
disabilities and English language learners, including the
utilization of--
``(I) response to intervention;
``(II) positive behavioral supports;
``(III) differentiated instruction;
``(IV) universal design of learning;
``(V) appropriate accommodations for instruction and
assessments;
``(VI) collaboration skills;
``(VII) skill in effectively participating in
individualized education program meetings required under
section 614 of the Individuals with Disabilities Education
Act; and
``(VIII) evidence-based strategies to meet the linguistic
and academic needs of English language learners;
``(G) conduct an ongoing assessment of student learning,
which may include the use of formative assessments,
performance-based assessments, project-based assessments, or
portfolio assessments, that measures higher-order thinking
skills (including application, analysis, synthesis, and
evaluation);
``(H) effectively manage a classroom, including the ability
to implement positive behavioral support strategies;
``(I) communicate and work with parents, and involve
parents in their children's education; and
``(J) use age-appropriate and developmentally appropriate
strategies and practices.
``(49) Formative assessment.--The term `formative
assessment' means a process used by teachers and students
during instruction that provides feedback to adjust ongoing
teaching and learning to improve students' achievement of
intended instructional outcomes.''.
(3) by redesignating paragraphs (1) through (39), the
undesignated paragraph following paragraph (39), and
paragraphs (41) through (49) (as amended by this section) as
paragraphs (1) through (18), (21), (22), (24) through (29),
(31) through (40), (42) through (47), (49), (19), (20), (30),
(41), (48), and (23), respectively.
SEC. 4. SCHOOL IMPROVEMENT.
Section 1003(g)(5) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6303(g)(5)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) permitted to be used to supplement the activities
required under section 2502.''.
SEC. 5. TEACHER AND PRINCIPAL PROFESSIONAL DEVELOPMENT AND
SUPPORT.
(a) In General.--Title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by
adding at the end the following:
``PART E--BUILDING SCHOOL CAPACITY FOR EFFECTIVE TEACHING AND
LEADERSHIP
``SEC. 2501. LOCAL SCHOOL IMPROVEMENT ACTIVITIES.
``(a) Subgrants to Local Educational Agencies.--
``(1) Grants.--From amounts made available under section
2505, the Secretary shall award grants, through allotments
under paragraph (3)(A), to States to enable the States to
award subgrants to local educational agencies under this
part.
``(2) Reservations.--A State that receives a grant under
this part for a fiscal year shall--
``(A) reserve 95 percent of the funds made available
through the grant to make subgrants, through allocations
under paragraph (3)(B), to local educational agencies; and
``(B) use the remainder of the funds for--
``(i) administrative activities and technical assistance in
helping local educational agencies carry out this part;
``(ii) statewide capacity building strategies to support
local educational agencies in the implementation of the
required activities under section 2502; and
``(iii) conducting the evaluation required under section
2504.
``(3) Formulas.--
``(A) Allotments.--The allotment provided to a State under
this section for a fiscal year shall bear the same relation
to the total amount available under this part for such
allotments for the fiscal year, as the allotment provided to
the State under section 2111(b) for such year bears to the
total amount available under such section 2111(b) for such
allotments for such year.
``(B) Allocations.--The allocation provided to a local
educational agency under this section for a fiscal year shall
bear the same relation to the total amount available under
this part for such allocations for the fiscal year, as the
allocation provided to the local educational agency under
section 2121(a) for such year bears to the total amount
available for such allocations for such year.
``(4) Schools first supported.--A local educational agency
receiving a subgrant under this part shall first use such
funds to carry out the activities described in section
2502(a) in each lowest achieving school served by the local
educational agency--
``(A) that demonstrates the greatest need for subgrant
funds based on the data analysis described in subsection
(b)(3); and
``(B) in which not less than 40 percent of the students
enrolled in the school are eligible for a free or reduced
price lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
``(b) Local Educational Agency Application.--
``(1) In general.--To be eligible to receive a subgrant
under this part, a local educational agency shall submit to
the State educational agency an application described in
paragraph (2), and a summary of the data analysis conducted
under paragraph (3), at such time, in such manner, and
containing such information as the State educational agency
may reasonably require.
``(2) Contents of application.--Each application submitted
pursuant to paragraph (1) shall include--
``(A) a description of how the local educational agency
will assist the lowest achieving schools served by the local
educational agency in carrying out the requirements of
section 2502, including--
``(i) developing and implementing the teacher and principal
evaluation system pursuant to section 2502(a)(3);
``(ii) implementing teacher induction programs pursuant to
section 2502(a)(1);
``(iii) providing effective professional development in
accordance with section 2502(a)(2);
``(iv) implementing mentoring, coaching, and sustained
professional development for school principals and other
school leaders pursuant to section 2502(a)(4); and
``(v) providing significant and sustainable teacher
stipends, pursuant to section 2502(a)(6);
``(B) a description of how the local educational agency
will--
``(i) conduct and utilize valid and reliable surveys
pursuant to section 2502(b); and
``(ii) ensure that such programs are integrated and aligned
pursuant to section 2502(c);
``(C)(i) a description of how the local educational agency
will use subgrant funds to target and support the lowest
achieving schools described in subsection (a)(4) before using
funds for other lowest achieving schools; and
``(ii) a list that identifies all of the lowest achieving
schools that will be assisted under the subgrant;
``(D) a description of how the local educational agency
will enable effective inclusion of children with disabilities
and English language learners, including through utilization
by the teachers, principals, and other school leaders of the
local educational agency of--
``(i) response to intervention;
``(ii) positive behavioral supports;
``(iii) differentiated instruction;
``(iv) universal design of learning;
``(v) appropriate accommodations for instruction and
assessments;
``(vi) collaboration skills;
``(vii) skill in effectively participating in
individualized education program meetings required under
section 614 of the Individuals with Disabilities Education
Act; and
``(viii) evidence-based strategies to meet the linguistic
and academic needs of English language learners;
``(E) a description of how the local educational agency
will assist the lowest achieving schools in utilizing real-
time student learning data, based on evidence of student
learning and evidence of classroom practice, to--
``(i) inform instruction; and
``(ii) inform professional development for teachers,
mentors, principals, and other school leaders;
``(F) a description of how the programs and assistance
provided under section 2502 will be managed and designed,
including a description of the division of labor and
different roles and responsibilities of local educational
agency central office staff members, school leaders, teacher
leaders, coaches, mentors, and evaluators; and
``(G) a description of how the local educational agency
will work with institutions of higher education and local
teacher and principal preparation programs to improve the
performance of beginning teachers and principals, improve
induction programs, and strengthen professional development.
``(3) Data analysis.--A local educational agency desiring a
subgrant under this part shall, prior to applying for the
subgrant, conduct a data analysis of each school served by
the local educational agency, based on data and information
collected from evidence of student learning, evidence of
classroom practice, and the State's longitudinal data system,
in order to--
``(A) determine which schools have the most critical
teacher, principal, school librarian, and other school leader
quality, effectiveness, and professional development needs;
and
``(B) allow the local educational agency to identify the
specific needs regarding the quality, effectiveness, and
professional development needs of the school's teachers,
principals, librarians, and other school leaders, including
with respect to instruction provided for individual student
subgroups (including children with disabilities and
[[Page S6345]]
English language learners) and specific grade levels and
content areas.
``(4) Joint development and submission.--
``(A) In general.--Except as provided in subparagraph (B),
a local educational agency shall--
``(i) jointly develop the application and data analysis
framework under this subsection with local organizations
representing the teachers, principals, and other school
leaders in the local educational agency; and
``(ii) submit the application and data analysis in
partnership with such local teacher, principal, and school
leader organizations.
``(B) Exception.--A State may, after consultation with the
Secretary, consider an application from a local educational
agency that is not jointly developed and submitted in
accordance with subparagraph (A) if the application includes
documentation of the local educational agency's extensive
attempt to work jointly with local teacher, principal, and
school leader organizations.
``SEC. 2502. USE OF FUNDS.
``(a) Induction, Professional Development, and Evaluation
System.--A local educational agency that receives a subgrant
under this part shall use the subgrant funds to improve
teaching and school leadership through a system of teacher
and principal induction, professional development, and
evaluation. Such system shall be developed, implemented, and
evaluated in collaboration with local teacher, principal, and
school leader organizations and local teacher, principal, and
school leader preparation programs and shall provide
assistance to each school that the local educational agency
has identified under section 2501(b)(2)(C)(ii), to--
``(1) implement a comprehensive, coherent, high-quality
formalized induction program for beginning teachers during
not less than the teachers' first 2 years of full-time
employment as teachers with the local educational agency,
that shall include--
``(A) rigorous mentor selection by school or local
educational agency leaders with mentoring and instructional
expertise, including requirements that the mentor
demonstrate--
``(i) a proven track record of improving student learning;
``(ii) strong interpersonal skills;
``(iii) exemplary teaching skills, particularly with
diverse learners, including children with disabilities and
English language learners;
``(iv) not less than 5 years teaching experience;
``(v) commitment to personal and professional growth and
learning, such as National Board for Professional Teaching
Standards certification;
``(vi) willingness and experience in using real-time data,
as well as school and classroom level practices that have
demonstrated the capacity to--
``(I) improve student learning and classroom practice; and
``(II) inform instruction and professional growth;
``(vii) a commitment to participate in professional
development throughout the year to develop the knowledge and
skills related to effective mentoring; and
``(viii) the ability to improve the effectiveness of the
mentor's mentees, as assessed by the evaluation system
described in paragraph (3);
``(B) a program of high-quality, intensive, and ongoing
mentoring and mentor-teacher interactions that--
``(i) ensures that new teachers are supported in ways that
help improve content-specific knowledge and pedagogy,
including by matching mentors with beginning teachers by
grade level and content area;
``(ii) assists each beginning teacher in--
``(I) analyzing data based on the beginning teacher's
evidence of student learning and evidence of classroom
practice, and utilizing research-based instructional
strategies, including differentiated instruction, to inform
and strengthen such practice;
``(II) developing and enhancing effective teaching skills;
``(III) enabling effective inclusion of children with
disabilities and English language learners, including through
the utilization of--
``(aa) response to intervention;
``(bb) positive behavioral supports;
``(cc) differentiated instruction;
``(dd) universal design of learning;
``(ee) appropriate accommodations for instruction and
assessments;
``(ff) collaboration skills;
``(gg) skill in effectively participating in individualized
education program meetings required under section 614 of the
Individuals with Disabilities Education Act; and
``(hh) evidence-based strategies to meet the linguistic and
academic needs of English language learners;
``(IV) using formative evaluations to--
``(aa) collect and analyze classroom-level data;
``(bb) foster evidence-based discussions;
``(cc) provide opportunities for self assessment;
``(dd) examine classroom practice; and
``(ee) establish goals for professional growth; and
``(V) achieving the goals of the school, district, and
statewide curricula;
``(iii) provides regular and ongoing opportunities for
beginning teachers to observe exemplary teaching in classroom
settings during the school day;
``(iv) aligns with the mission and goals of the local
educational agency and school;
``(v)(I) acts as a vehicle for a beginning teacher to
establish short- and long-term planning and professional
goals and to improve student learning and classroom practice;
and
``(II) guides, monitors, and assesses the beginning
teacher's progress toward such goals;
``(vi) assigns not more than 12 beginning teacher mentees
to a mentor who is released full-time from classroom
teaching, and reduces such maximum number of mentees
proportionately for a mentor who works on a part-times basis;
``(vii) provides joint professional development
opportunities for mentors and beginning teachers;
``(viii) may include the use of master teachers to support
mentors or other teachers; and
``(ix) improves student learning and classroom practice, as
measured by the evaluation system described in paragraph (3);
``(C) paid school release time that allows for at least
weekly high-quality mentoring and mentor-teacher
interactions;
``(D) foundational training and ongoing professional
development for mentors that support the high-quality
mentoring and mentor-teacher interactions described in
subparagraph (B);
``(E) use of research-based teaching standards, formative
assessments, teacher portfolio processes (such as the
National Board for Professional Teaching Standards
certification process), and teacher development protocols
that support the high-quality mentoring and mentor-teacher
interactions described in subparagraph (B); and
``(F) feedback on the performance of beginning teachers to
local teacher preparation programs and recommendations for
improving such programs;
``(2) implement high-quality effective professional
development for teachers, principals, school librarians, and
other school leaders serving the schools targeted for
assistance under the subgrant;
``(3) develop and implement a rigorous, transparent, and
equitable teacher and principal evaluation system for all
schools served by the local educational agency that--
``(A)(i) provides formative individualized feedback to
teachers and principals on areas for improvement;
``(ii) provides for substantive support and interventions
targeted specifically on such areas of improvement; and
``(iii) results in summative evaluations;
``(B) differentiates the effectiveness of teachers and
principals using multiple rating categories that take into
account evidence of student learning;
``(C) shall be developed, implemented, and evaluated in
partnership with local teacher and principal organizations;
and
``(D) includes--
``(i) valid, clearly defined, and reliable performance
standards and rubrics for teacher evaluation based on
multiple performance measures, which shall include a
combination of--
``(I) evidence of classroom practice; and
``(II) evidence of student learning as a significant
factor;
``(ii) valid, clearly defined, and reliable performance
standards and rubrics for principal evaluation based on
multiple performance measures of student learning and
leadership skills, which standards shall include--
``(I) planning and articulating a shared and coherent
schoolwide direction and policy for achieving high standards
of student performance;
``(II) identifying and implementing the activities and
rigorous curriculum necessary for achieving such standards of
student performance;
``(III) supporting a culture of learning, collaboration,
and professional behavior and ensuring quality measures of
instructional practice;
``(IV) communicating and engaging parents, families, and
other external communities; and
``(V) collecting, analyzing, and utilizing data and other
tangible evidence of student learning and evidence of
classroom practice to guide decisions and actions for
continuous improvement and to ensure performance
accountability;
``(iii) multiple and distinct rating options that allow
evaluators to--
``(I) conduct multiple classroom observations throughout
the school year;
``(II) examine the impact of the teacher or principal on
evidence of student learning and evidence of classroom
practice;
``(III) specifically describe and compare differences in
performance, growth, and development; and
``(IV) provide teachers or principals with detailed
individualized feedback and evaluation in a manner that
allows each teacher or principal to identify the areas of
classroom practice that need to be strengthened, refined, and
improved;
``(iv) implementing a formative and summative evaluation
process based on the performance standards established under
clauses (i) and (ii);
``(v) rigorous training for evaluators on the performance
standards established under clauses (i) and (ii) and the
process of conducting effective evaluations, including how to
provide specific feedback and improve teaching and principal
practice based on evaluation results;
``(vi) regular monitoring and assessment of the quality and
fairness of the evaluation
[[Page S6346]]
system and the evaluators' judgements, including with respect
to--
``(I) inter-rater reliability, including independent or
third-party reviews;
``(II) student assessments used in the evaluation system;
``(III) the performance standards established under clauses
(i) and (ii);
``(IV) training and qualifications of evaluators; and
``(V) timeliness of teacher and principal evaluations and
feedback;
``(vii) a plan and substantive targeted support for
teachers and principals who fail to meet the performance
standards established under clauses (i) and (ii);
``(viii) a streamlined, transparent, fair, and objective
due process for documentation and removal of teacher and
principals who fail to meet such performance standards, as
governed by any applicable collective bargaining agreement or
State law and after substantive targeted and reasonable
support has been provided to such teachers and principals;
and
``(ix) in the case of a local educational agency in a State
that has a State evaluation framework, the alignment of the
local educational agency's evaluation system with, at a
minimum, such framework and the requirements of this
paragraph;
``(4) implement ongoing high-quality support, coaching, and
professional development for principals and other school
leaders serving the schools targeted for assistance under
such subgrant, which shall--
``(A) include a comprehensive, coherent, high-quality
formalized induction program outside the supervisory
structure for beginning principals and other school leaders,
during not less than the principals' and other school
leaders' first 2 years of full-time employment as a principal
or other school leader in the local educational agency, to
develop and improve the knowledge and skills described in
subparagraph (B), including--
``(i) a rigorous mentor or coach selection process based on
exemplary administrative expertise and experience;
``(ii) a program of ongoing opportunities throughout the
school year for the mentoring or coaching of beginning
principals and other school leaders, including opportunities
for regular observation and feedback;
``(iii) foundational training and ongoing professional
development for mentors or coaches; and
``(iv) the use of research-based leadership standards,
formative and summative assessments, or principal and other
school leader protocols (such as the National Board for
Professional Teaching Standards Certification for Educational
Leaders program or the 2008 Interstate School Leaders
Licensure Consortium Standards);
``(B) improve the knowledge and skills of school principals
and other school leaders in--
``(i) planning and articulating a shared and clear
schoolwide direction, vision, and strategy for achieving high
standards of student performance;
``(ii) identifying and implementing the activities and
rigorous student curriculum and assessments necessary for
achieving such standards of performance;
``(iii) managing and supporting a collaborative culture of
ongoing learning and professional development and ensuring
quality evidence of classroom practice (including shared or
distributive leadership and providing timely and constructive
feedback to teachers to improve student learning and
strengthen classroom practice);
``(iv) communicating and engaging parents, families, and
local communities and organizations (including engaging in
partnerships among elementary schools, secondary schools, and
institutions of higher education to ensure the vertical
alignment of student learning outcomes);
``(v) collecting, analyzing, and utilizing data and other
tangible evidence of student learning and classroom practice
(including the use of formative and summative assessments)
to--
``(I) guide decisions and actions for continuous
instructional improvement; and
``(II) ensure performance accountability;
``(vi) managing resources and school time to ensure a safe
and effective student learning environment; and
``(vii) designing and implementing strategies for
differentiated instruction and effectively identifying and
educating diverse learners, including children with
disabilities and English language learners; and
``(C) provide feedback on the performance of beginning
principals and other school leaders to local principal and
leader preparation programs and recommendations for improving
such programs;
``(5)(A) create or enhance opportunities for teachers and
school librarians to assume new school leadership roles and
responsibilities, including--
``(i) serving as mentors, instructional coaches, or master
teachers; or
``(ii) assuming increased responsibility for professional
development activities, curriculum development, or school
improvement and leadership activities; and
``(B) provide training for teachers who assume such school
leadership roles and responsibilities; and
``(6) provide significant and sustainable stipends above a
teacher's base salary for teachers that serve as mentors,
instructional coaches, teacher leaders, or evaluators under
the programs described in this subsection.
``(b) Survey.--A local educational agency receiving a
subgrant under this part shall conduct a valid and reliable
full population survey of teaching and learning, at the
school and local educational agency level, and include, as
topics in the survey, not less than the following elements
essential to improving student learning and retaining
effective teachers:
``(1) Instructional planning time.
``(2) School leadership.
``(3) Decisionmaking processes.
``(4) Professional development.
``(5) Facilities and resources, including the school
library.
``(6) Beginning teacher induction.
``(7) School safety and environment.
``(c) Integration and Alignment.--The system described in
subsection (a) shall--
``(1) integrate and align all of the activities described
in such subsection;
``(2) be informed by, and integrated with, the results of
the survey described in subsection (b);
``(3) be aligned with the State's school improvement
efforts under sections 1116 and 1117; and
``(4) be aligned with the programs funded under title II of
the Higher Education Act of 1965 and other professional
development programs authorized under this Act.
``(d) Eligible Entities.--The assistance required to be
provided under this section may be provided--
``(1) by the local educational agency; or
``(2) by the local educational agency, in collaboration
with--
``(A) the State educational agency;
``(B) an institution of higher education;
``(C) a nonprofit organization;
``(D) a teacher organization;
``(E) a principal or school leader organization;
``(F) an educational service agency;
``(G) a teaching residency program; or
``(H) another nonprofit entity with experience in helping
schools improve student achievement.
``SEC. 2503. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed to alter or
otherwise affect the rights, remedies, and procedures
afforded school or school district employees under Federal,
State, or local laws (including applicable regulations or
court orders) or under the terms of collective bargaining
agreements, memoranda of understanding, or other agreements
between such employees and their employers.
``SEC. 2504. PROGRAM EVALUATION.
``(a) In General.--Each program required under section
2502(a) shall include a formal evaluation system to
determine, at a minimum, the effectiveness of each such
program on--
``(1) student learning;
``(2) retaining teachers and principals, including
differentiating the retainment data by profession and by the
level of performance of the teachers and principals, based on
the evaluation system described in section 2502(a)(3);
``(3) teacher, principal, and other school leader practice,
which shall include, for teachers and principals, practice
measured by the teacher and principal evaluation system
described in section 2502(a)(3);
``(4) student graduation rates, as applicable;
``(5) teaching, learning, and working conditions;
``(6) parent, family, and community involvement and
satisfaction;
``(7) student attendance rates;
``(8) teacher and principal satisfaction; and
``(9) student behavior.
``(b) Local Educational Agency and School Effectiveness.--
The formal evaluation system described in subsection (a)
shall also measure the effectiveness of the local educational
agency and school in--
``(1) implementing the comprehensive induction program
described in section 2502(a)(1);
``(2) implementing high-quality professional development
described in section 2502(a)(2);
``(3) developing and implementing a rigorous, transparent,
and equitable teacher and principal evaluation system
described in section 2502(a)(3);
``(4) implementing mentoring, coaching, and professional
development for school principals and other school leaders
described in section 2502(a)(4);
``(5) ensuring that mentors, teachers, and schools are
using data to inform instructional practices; and
``(6) ensuring that the comprehensive induction and high-
quality mentoring required under section 2502(a)(1) and the
high impact professional development required under section
2502(a)(2) are integrated and aligned with the State's school
improvement efforts under sections 1116 and 1117.
``(c) Conduct of Evaluation.--The evaluation described in
subsection (a) shall be--
``(1) conducted by the State, an institution of higher
education, or an external agency that is experienced in
conducting such evaluations; and
``(2) developed in collaboration with groups such as--
``(A) experienced educators with track records of success
in the classroom;
``(B) institutions of higher education involved with
teacher induction and professional development located within
the State; and
``(C) local teacher, principal, and school leader
organizations.
``(d) Dissemination.--
[[Page S6347]]
``(1) In general.--The results of the evaluation described
in subsection (a) shall be submitted to the Secretary.
``(2) Dissemination.--The Secretary shall make the results
of each evaluation described in subsection (a) available to
States, local educational agencies, and the public.
``SEC. 2505. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part such sums as may be necessary for fiscal year 2012 and
each succeeding fiscal year.''.
(b) Table of Contents.--The table of contents in section 2
of the Elementary and Secondary Education Act of 1965 is
amended by inserting after the item relating to section 2441
the following:
``PART E--Building School Capacity for Effective Teaching and
Leadership
``Sec. 2501. Local school improvement activities.
``Sec. 2502. Use of funds.
``Sec. 2503. Rule of Construction.
``Sec. 2504. Program evaluation.
``Sec. 2505. Authorization of appropriations.''.
______
By Mr. WYDEN:
S.J. Res. 28. A joint resolution limiting the issuance of a letter of
offer with respect to a certain proposed sale of defense articles and
defense services to the Kingdom of Bahrain; to the Committee on Foreign
Relations.
Mr. WYDEN. Mr. President, I rise today to introduce a Congressional
Joint Resolution to prevent the sale of $53 million worth of arms to
the Government of Bahrain.
As I witness the series of extraordinary events that are sweeping
across the Arab world, I am reminded of our own history, and America's
struggle that led to the ideas that are enshrined in our Constitution.
Freedom of speech. Freedom of religion. The right of people to
peaceably assemble, and to petition their government for a redress of
grievances. The Arab Spring, reminds us that these freedoms are indeed
universally sought.
The United States should stick up for individuals seeking such
freedoms. not reward those who violently suppress such aspirations.
Selling weapons to the Government of Bahrain right now is about as
backwards as a teacher giving the playground bully a pair of brass
knuckles instead of putting him in detention. When the rulers of
Bahrain are committing human right abuses against peaceful protesters,
should we really be rewarding this type of behavior?
First, some context. Protests erupted in Bahrain on the heels of
protests in neighboring Tunisia and Egypt, as part of what is being
called the Arab Spring. For many years the Shiite majority of Bahrain
has been ruled by a Sunni royal family that has excluded most Shiites
from political power and economic opportunity. When the people of
Bahrain went to the streets to protest, the government responded with
crushing force. Police opened fire on unarmed demonstrators, killing
seven and seriously wounding hundreds. Protestors and dissident leaders
were rounded up and arrested.
It is estimated that 30 people have been killed by government
security forces since the start of these largely peaceful protests.
Government agencies also fired more than 2,500 people suspected of
sympathizing with the protestors and their democratic demands. A
special military court was established by decree and has convicted over
100 people on dubious grounds.
Recently, 20 doctors who were caught treating wounded protestors were
sentenced to prison terms as long as 15 years. One of the doctors said
she was tortured and threatened with rape while in custody. In
explaining the reason for her offense, the doctor said ``My only crime
is I did my job; I helped people.'' Amnesty International has pointed
out that an increasing number of cases involving civilians arrested are
now being primarily tried in military court, without due process.
Human Rights Watch also reports that four people have died in
custody. Their suspected cause of death is torture, and medical
neglect. Leading political opposition figures who are demanding
democratic reforms have been sentenced, in some cases, to life in
prison, solely for their role in organizing peaceful protests.
Life in prison just for trying to hold their government
democratically accountable. Just because they want the same
opportunities as their Sunni neighbors. Just because they want to
petition their government for a redress of grievances. I read these
reports and I ask myself what our own constitutional framers would have
to say about such actions.
So what's the Administration's response to Bahrain's actions? What's
our government's response to these human rights violations? Well, Mr.
President, the Administration has publicly called for an end to the
violence. Secretary Clinton has said that the murder of unarmed
protesters must stop.
However, at the same time, the Administration formally notified
Congress on September 14 of its plans to sell the ruling regime of
Bahrain 44 Armored High Mobility Multipurpose Wheeled Vehicles, over
200 anti-tank missiles and 50 bunker buster missiles, 48 missile
launchers, spare parts, support and test equipment, personnel training
and training equipment, technical and logistics support services, among
other things, all for 53 million dollars. The State Department also
notified Congress that it is preparing to send $15.5 million in Foreign
Military Financing to Bahrain.
Like I said we are giving the bully brass knuckles--and then some.
Should our country really reward a regime that has stifled its
citizen's freedom of speech; a regime that has openly fired on
peacefully assembled protestors; a regime who has tortured doctors for
simply treating their fellow citizens?
I cannot support this sale while these abuses continue. That is why
I, along with my colleague Congressman McGovern in the House of
Representatives, am introducing this Congressional joint resolution. I
hope my colleagues will join me in sending a message to Bahrain that we
will not reward human rights abuses.
To quote from the President's address to the United Nations General
Assembly last month: ``Something is happening in our world. The way
things have been is not the way they will be. The humiliating grip of
corruption and tyranny is being pried open. Technology is putting power
in the hands of the people. The youth are delivering a powerful rebuke
to dictatorship, and rejecting the lie that some races, religions and
ethnicities do not desire democracy.'' Well it is clear that the people
of Bahrain desire greater democracy and opportunity and we should not
be rewarding their oppressors with an arms sale at this time.
Colleagues, please join me in cosponsoring this Congressional joint
resolution.
Mr. President, I ask unanimous consent that the text of the joint
resolution be printed in the Record.
There being no objection, the text of the joint resolution was
ordered to be printed in the Record, as follows:
S.J. Res. 28
Whereas the Kingdom of Bahrain is a party to several
international human rights instruments, including the
International Covenant on Civil and Political Rights, adopted
December 16, 1966, and entered into force March 23, 1976, and
the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York December
10, 1984;
Whereas the Government of Bahrain had made several notable
human rights reforms during the 2000s;
Whereas, despite those reforms, significant human rights
concerns remained in early 2011, including the alleged
mistreatment of detained persons and the discrimination
against certain Bahraini citizens in the political, economic,
and professional spheres of Bahrain;
Whereas this discrimination has included the banning of
particular religious groups from holding specific government
positions, including the military and security services,
without reasonable justification;
Whereas hundreds of thousands of protesters in the Kingdom
of Bahrain have significantly intensified their calls for
government reform and respect for human rights starting in
February 2011;
Whereas independent observers, including the Department of
State, Human Rights Watch, Human Rights First, Amnesty
International, and Freedom House, found that the majority of
protesters have been peaceful in their demands, and that acts
of violence by protesters have been rare;
Whereas the Government of Bahrain has systematically
suppressed the protests through a wide range of acts
constituting serious and grave violations of human rights;
Whereas, according to the Project of Middle East Democracy,
at least 32 people have been killed by the Government of
Bahrain's security forces since February 2011;
Whereas at least three deaths occurred while the
individuals were in detention, according to the Ministry of
Interior of the Government of Bahrain;
Whereas there have been credible reports from Human Rights
Watch, Human Rights
[[Page S6348]]
First, Physicians for Human Rights, and the Bahrain Center
for Human Rights of severe mistreatment of detainees,
including acts rising to the level of torture;
Whereas the Government of Bahrain has investigated and
prosecuted individuals who were only peacefully exercising
their rights to freedom of expression, political opinion, and
assembly;
Whereas the Government of Bahrain has continued to
prosecute civilians, including medical professionals, in
military-security courts;
Whereas cases continued to be tried in the military-
security courts despite promises by the Government of Bahrain
to transfer those cases to civilian venues;
Whereas the military-security courts' procedures and
actions severely limited due process rights or complied with
due process formally rather than substantively;
Whereas the Government of Bahrain's recent promises to have
civilian courts hear the appeals from military-security
courts are insufficient to rectify the due process violations
that occurred at the trial stage;
Whereas the Government of Bahrain has moved quickly to
prosecute and sentence political opponents to lengthy prison
terms, while at the same time slowly investigating, or
failing to investigate at all, government and security
officials who appear to have committed or assisted in human
rights violations against political opponents;
Whereas Physicians for Human Rights has documented that the
Government of Bahrain's security forces have targeted medical
personnel by abducting medical workers, abusing patients,
intimidating wounded protesters from accessing medical
treatment, and sentencing medical professionals to lengthy
prison terms in the military-security courts for protesting
the government's interference in treating injured protesters;
Whereas the Government of Bahrain has destroyed more than
40 Shi'a mosques and religious sites throughout Bahrain since
February 2011;
Whereas Bahrain's legislative lower house, the Council of
Representatives (Majlis an-nuwab) is constituted of
disproportionately drawn districts that violates the
principle of equal suffrage for Bahraini citizens,
particularly the Shi'a community;
Whereas the Government of Bahrain employed tactics of
retribution against perceived political opponents, dismissing
more than 2,500 workers, academics, medics, and other
professionals from their places of employment;
Whereas the Government of Bahrain has violated
international labor standards through the dismissals of the
aforementioned citizens;
Whereas the Department of Labor has received an official
complaint regarding the failure of the Government of Bahrain
to live up to its commitments with respect to workers' rights
under its Free Trade Agreement with the United States;
Whereas the state-run media of Bahrain have gone beyond
legitimate criticism of political opponents towards
explicitly and implicitly threatening the physical safety and
integrity of those opponents specifically and the Shi'a
community generally, creating greater animosity amongst the
entire population and making reconciliation of all Bahraini
citizens more difficult;
Whereas the Government of Bahrain has expelled
international journalists and stopped issuing visas to
journalists on grounds that do not appear to be justified by
legitimate safety or security concerns;
Whereas the Department of State included Bahrain among a
list of countries necessitating additional human rights
scrutiny in a June 15, 2011, submission to the United Nations
Human Rights Council;
Whereas the Government of Bahrain has taken limited
positive measures in recent months, including agreeing to
allow the establishment of the Bahrain Independent Commission
of Inquiry (BICI) composed of well-renowned international
human rights experts who are authorized to investigate human
rights violations and recommend measures for accountability;
Whereas the BICI human rights report is due to be submitted
to the Government of Bahrain on October 30, 2011;
Whereas the Department of Defense notified Congress on
September 14, 2011, of a proposed military arms sale to
Bahrain worth approximately $53,000,000;
Whereas the Department of State notified Congress on
September 13, 2011, of a proposed obligation of Foreign
Military Funds in the amount of $15,461,000 for the upgrading
and maintenance of certain military equipment;
Whereas other military allies of the United States,
including the United Kingdom, France, Spain, and Belgium,
have suspended or limited certain licenses and arms sales to
Bahrain since February 2011;
Whereas evidence gathered from protesters by the Bahrain
Center for Human Rights indicated that tear gas canisters
used against peaceful protesters contained markings which
showed they were manufactured in the United States; and
Whereas providing military equipment and provisions for
upgrades to a government that commits human rights violations
and that has undertaken insufficient measures to seek reform
and accountability is at odds with United States foreign
policy goals of promoting democracy, human rights,
accountability, and stability: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON CERTAIN PROPOSED SALES OF DEFENSE
ARTICLES AND DEFENSE SERVICES TO THE KINGDOM OF
BAHRAIN.
(a) Limitation.--The issuance of a letter of offer with
respect to each proposed sale of defense articles and defense
services to the Kingdom of Bahrain referred to in subsection
(b) is hereby prohibited unless the Secretary of State
certifies to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that--
(1) the Government of Bahrain is conducting good faith
investigations and prosecutions of alleged perpetrators
responsible for the killing, torture, arbitrary detention,
and other human rights violations committed since February
2011;
(2) the prosecutions of alleged perpetrators in paragraph
(1) is being carried out in transparent judicial proceedings
conducted in full accordance with Bahrain's international
legal obligations;
(3) the Government of Bahrain has ceased all acts of
torture and other inhumane treatment in its detention
facilities;
(4) the Government of Bahrain has released and withdrawn
criminal charges against all individuals who were peacefully
exercising their right to freedom of expression, political
opinion, and assembly;
(5) the Government of Bahrain is permitting
nondiscriminatory medical treatment of the sick and injured,
and is ensuring unhindered access to medical care and
treatment for all patients;
(6) the Government of Bahrain is protecting all Shi'a
mosques and religious sites and is rebuilding all Shi'a
mosques and religious sites destroyed since February 2011;
(7) the Government of Bahrain has redrawn the districts of
the Council of Representatives (Majlis an-nuwab) in a
proportional manner that allots the same number of residents,
or reasonably nearly the same number of residents with
minimal variation, for each district;
(8) the Government of Bahrain has lifted restrictions on
government employment, including in the military and security
forces, based on discriminatory grounds such as religion and
political opinion;
(9) the Government of Bahrain has reinstated all public and
government-invested enterprises' employees who were dismissed
from their workplace for peacefully exercising their right to
freedom of expression, political opinion, and assembly;
(10) the Government of Bahrain has set standards for
private sector compliance covering the reinstatement of its
employees who were dismissed from their workplace for
peacefully exercising their right to freedom of expression,
political opinion, and assembly;
(11) the Government of Bahrain is protecting the right of
all individuals, including political opponents of the
Government, to peacefully exercise their right to freedom of
expression, political opinion, and assembly without fear of
retribution;
(12) the Government of Bahrain has ceased using the media
under its control to threaten the physical safety and
integrity of political opponents and other Bahraini citizens,
particularly those in the Shi'a community;
(13) the Government of Bahrain is permitting the entry of
international journalists to Bahrain except in extremely
exceptional cases where the Government clearly shows with
evidence and in good faith that the entry of an international
journalist is a legitimate safety or security concern;
(14) the Bahrain Commission of Inquiry (BICI) has submitted
its final report to the Government of Bahrain;
(15) the BICI's final report's factual findings and
conclusions are consistent with information known to the
Secretary of State about the human rights violations
occurring in Bahrain since February 2011;
(16) the Government of Bahrain is undertaking good faith
implementation of all recommendations from the BICI's final
report that address alleged human rights violations by the
Government of Bahrain since February 2011; and
(17) the Government of Bahrain has undertaken a good faith
dialogue among all key stakeholders in Bahrain which is
producing substantive recommendations for genuine reforms
that meet the reasonable democratic aspirations of Bahrain's
citizens and comply with universal human rights standards.
(b) Proposed Sales of Defense Articles and Defense
Services.--The proposed sales of defense articles and defense
services to the Government of Bahrain referred to in this
subsection are those specified in the certifications
transmitted to the Speaker of the House of Representatives
and the Chairman of the Committee on Foreign Relations of the
Senate pursuant to section 36(b) of the Arms Export Control
Act (22 U.S.C. 2776(b)) on September 14, 2011 (Transmittal
Number 10-71).
____________________