[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.

[[Page S6333]]

  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

[[Page S6334]]

     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.

[[Page S6335]]

  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;

[[Page S6336]]

       (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).

                          ____________________