[Congressional Record (Bound Edition), Volume 145 (1999), Part 13]
[Senate]
[Pages 19154-19163]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REED (for himself, Mr. Dodd, Mr. Kennedy, Mrs. Feinstein, 
        Mr. Inouye, and Mrs. Murray):
  S. 1475. A bill to amend the Child Care and Development Block Grant 
Act of 1990 to provide incentive grants to improve the quality of child 
care; to the Committee on Health, Education, Labor, and Pensions.


                child care quality incentive act of 1999

  Mr. REED. Mr. President, I rise to talk about a crisis that is 
affecting the families of this country. That crisis is the child care 
system, the ability to obtain safe, affordable, high-quality child 
care.
  Today there are an estimated 13 million children, 6 million of them 
infants and toddlers, who require some form of day care. For working 
families, the price of this day care is exceedingly difficult to meet 
each and every day.
  Full-day child care ranges from $4,000 to $10,000 a year. For some 
low-income families, that represents 25 percent of their income.
  This is a huge obligation. We have, I fear and believe, the 
responsibility to ensure that we can help these families meet this 
obligation to protect their children. Not only is this necessary simply 
for the custodial protection and care of children, it is necessary for 
their enhancement, their advancement, for their intellectual 
development.
  We have discovered over the last several years, because of all the 
research that is being done at the National Institutes of Health, and 
other places, the crucial role of the early development of children in 
their ultimate intellectual and social development as adults.
  We know if we have good, nurturing care in the early days of life, 
this care will lead to better cognitive performance later on. It will 
increase classroom success. It will lead to more fully developed 
individuals who can cope with the challenges of this next century that 
is just upon us.
  So our investment in child care is not simply something that is 
altruistic--something we want to do because it is for the kids and for 
working families--it is in the best interests of this country in order 
to provide for the citizens of this country of the next century.
  We know also, as we look around, that one of the problems in child 
care, I say to Senators, is that because of the low reimbursement rates 
that the child care centers receive from the States, that they are not 
able to retain good employees and that they are not able to train the 
employees they can retain--particularly in this booming economy we see 
today.
  So what you have in so many child care centers is a situation where 
they cannot retain their employees, they cannot attract the very best 
employees, they do not have the resources to fully develop the 
potential for these employees, and as a result, ultimately, children 
suffer.
  In fact, there have been numerous studies. The one that I found most 
disturbing is one where four States were studied in the United States, 
and it was found that in those States only one out of seven child care 
centers provided care that promoted the healthy development of the 
child. Even more shocking, one in eight of these child care centers 
actually provided care that threatened the health of the child. We have 
to do something about it.
  Prior to welfare reform, there was a law on the books that said the 
State, when they were subsidizing day care for low-income parents, had 
to at least try to achieve the 75th percentile in terms of their 
reimbursement rate. What that means is that they had to have a 
reimbursement rate that could at least meet the cost of 75 out of 100 
of the centers in their particular State. That has gone by the wayside. 
But in order to keep quality in our child care system, we have to get 
to reimbursement rates that will, in fact, provide the resources for 
child care centers to have quality, enhancing care to benefit the 
children of this country.
  What has also been abandoned in the last several years is even the 
attempt by the States to go ahead and do surveys of the market so they 
know what it costs different child care centers to provide care and 
know what it costs for the parents to send their children to day-care 
centers. Having abandoned these market surveys, essentially there is no 
connection between their subsidy rate and, in fact, the cost of day 
care. So working families who receive these subsidies--and there are 
more and more families who are receiving subsidies as we move welfare 
recipients to work--have no correlation between what they are getting 
and essentially what the cost of child care is in the real world.
  What I have done, along with some of my colleagues, is introduce 
legislation that would, in fact, give the States an incentive, first to 
do their market surveys, to find out the cost of day care in their 
communities, and then to strive to meet those market rates.
  I have been very pleased to be joined by Senators Chris Dodd and Ted 
Kennedy, who are leaders in the field of improving child care in this 
country, together with Senators Feinstein, Inouye, and Murray in 
introducing the Child Care Quality Incentive Act. Essentially, this 
legislation would establish a new mandatory pool of funding, $300 
million each year over the next 5 years, as part of the Child Care 
Development Block Grant Program. This funding would be an incentive for 
States to first conduct a market survey and then to make significant 
movement towards raising their subsidy rates to that market rate. In so 
doing, we can directly contribute to the bottom line of these child 
care centers. They, in turn, can retain personnel, train their 
personnel, and create a more enhancing environment for the development 
of children. This, I think, is a goal we should have.
  Increased reimbursement rates also expand the number of choices 
parents have in finding quality child care.
  We will also, I hope, at the same time try to increase the overall 
scope of the child development block grants. One of the consequences of 
simply increasing funding for the child care development block grant, 
is many States will not increase the subsidy they pay for children; 
they will simply try to enroll more children. This puts centers in a 
very cruel dilemma because the more children they have at that far-
below-market rate the greater the economic pressure on the centers.
  The program I am presenting today with my colleagues would do what 
child care providers have argued must be done, and that is to give them 
additional resources so they can, in fact, improve the quality of day 
care--not simply the number of children in day care but the quality of 
day care. If we do these things we are going to be in a strong position 
to face the challenges ahead.
  One of the greatest challenges for working families is the cost of 
day care for their children. I have been very pleased to note that this 
legislation has been endorsed by the USA Child Care, the Children's 
Defense Fund, Catholic Charities of the United States, the Child 
Welfare League of America, the YMCA of the United States, the National 
Association of Child Care Resource and Referral Agencies, the National 
Head Start Association, the National Child Care Association and a host 
of other agencies and organizations throughout the country. They 
recognize, as I do, and as my colleagues who are introducing this 
legislation do, that we can talk a lot about child care, we can 
emphasize how important it is to families, we can stress the importance 
to our economy and to our long-run future in this country, but until we 
put real resources to work, we will not be able to meet the real needs 
of families. These needs grow each day.
  I urge strong support for this legislation. Again, I thank and 
commend my colleagues who have joined me in this

[[Page 19155]]

effort: Senators Dodd, Kennedy, Feinstein, Inouye, and Murray, and 
encourage others to join us. I believe if we make this investment in 
quality child care, we will be making one of the most important 
investments we can make in the future of this country and in the 
individual future of families throughout the United States.
  I thank my colleagues for joining me, and I ask unanimous consent to 
have printed in the Record a copy of the legislation.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1475

       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 ``Child Care Quality Incentive 
     Act of 1999''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Recent research on early brain development reveals that 
     much of a child's growth is determined by early learning and 
     nurturing care. Research also shows that quality early care 
     and education leads to increased cognitive abilities, 
     positive classroom learning behavior, increased likelihood of 
     long-term school success, and greater likelihood of long-term 
     economic and social self-sufficiency.
       (2) Each day an estimated 13,000,000 children, including 
     6,000,000 infants and toddlers, spend some part of their day 
     in child care. However, a study in 4 States found that only 1 
     in 7 child care centers provide care that promotes healthy 
     development, while 1 in 8 child care centers provide care 
     that threatens the safety and health of children.
       (3) Full-day child care can cost $4,000 to $10,000 per 
     year.
       (4) Although Federal assistance is available for child 
     care, funding is severely limited. Even with Federal 
     subsidies, many families cannot afford child care. For 
     families with young children and a monthly income under 
     $1,200, the cost of child care typically consumes 25 percent 
     of their income.
       (5) Payment (or reimbursement) rates, the maximum the State 
     will reimburse a child care provider for the care of a child 
     who receives a subsidy, are too low to ensure that quality 
     care is accessible to all families.
       (6) Low payment rates directly affect the kind of care 
     children get and whether families can find quality child care 
     in their communities. In many instances, low payment rates 
     force child care providers to cut corners in ways that lower 
     the quality of care for children, including reducing number 
     of staff, eliminating staff training opportunities, and 
     cutting enriching educational activities and services.
       (7) Children in low quality child care are more likely to 
     have delayed reading and language skills, and display more 
     aggression toward other children and adults.
       (8) Increased payment rates lead to higher quality child 
     care as child care providers are able to attract and retain 
     qualified staff, provide salary increases and professional 
     training, maintain a safe and healthy environment, and 
     purchase basic supplies and developmentally appropriate 
     educational materials.
       (b) Purpose.--The purpose of this Act is to improve the 
     quality of, and access to, child care by increasing child 
     care payment rates.

     SEC. 3. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD 
                   CARE.

       (a) Funding.--Section 658B of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858) is 
     amended--
       (1) by striking ``There'' and inserting the following:
       ``(a) Authorization of Appropriations.--There''; and
       (2) by adding at the end the following:
       ``(b) Appropriation of Funds For Grants to Improve the 
     Quality of Child Care.--Out of any funds in the Treasury that 
     are not otherwise appropriated, there are authorized to be 
     appropriated and there are appropriated, for each of fiscal 
     years 2000 through 2004, $300,000,000 for the purpose of 
     making grants under section 658H.''.
       (b) Grants To Improve the Quality of Child Care.--The Child 
     Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 
     et seq.) is amended by inserting after section 658G the 
     following:

     ``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.

       ``(a) Authority.--
       ``(1) In general.--The Secretary shall use the amount 
     appropriated under section 658B(b) for a fiscal year to make 
     grants to eligible States in accordance with this section.
       ``(2) Annual payments.--The Secretary shall make annual 
     payments to each eligible State out of the allotment for that 
     State determined under subsection (c).
       ``(b) Eligible States.--
       ``(1) In general.--In this section, the term `eligible 
     States' means a State that--
       ``(A) has conducted a survey of the market rates for child 
     care services in the State within the 2 years preceding the 
     date of the submission of an application under paragraph (2); 
     and
       ``(B) submits an application in accordance with paragraph 
     (2).
       ``(2) Application.--
       ``(A) In general.--To be eligible to receive a grant under 
     this section, a State shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information, in addition to the information required 
     under subparagraph (B), as the Secretary may require.
       ``(B) Information required.--Each application submitted for 
     a grant under this section shall--
       ``(i) detail the methodology and results of the State 
     market rates survey conducted pursuant to paragraph (1)(A);
       ``(ii) describe the State's plan to increase payment rates 
     from the initial baseline determined under clause (i); and
       ``(iii) describe how the State will increase payment rates 
     in accordance with the market survey findings.
       ``(3) Continuing eligibility requirement.--The Secretary 
     may make an annual payment under this section to an eligible 
     State only if--
       ``(A) the Secretary determines that the State has made 
     progress, through the activities assisted under this 
     subchapter, in maintaining increased payment rates; and
       ``(B) at least once every 2 years, the State conducts an 
     update of the survey described in paragraph (1)(A).
       ``(4) Requirement of matching funds.--
       ``(A) In general.--To be eligible to receive a grant under 
     this section, the State shall agree to make available State 
     contributions from State sources toward the costs of the 
     activities to be carried out by a State pursuant to 
     subsection (d) in an amount that is not less than 25 percent 
     of such costs.
       ``(B) Determination of state contributions.--State 
     contributions shall be in cash. Amounts provided by the 
     Federal Government may not be included in determining the 
     amount of such State contributions.
       ``(c) Allotments to Eligible States.--The amount 
     appropriated under section 658B(b) for a fiscal year shall be 
     allotted among the eligible States in the same manner as 
     amounts are allotted under section 658O(b).
       ``(d) Use of Funds.--
       ``(1) Priority use.--An eligible State that receives a 
     grant under this section shall use the funds received to 
     significantly increase the payment rate for the provision of 
     child care assistance in accordance with this subchapter up 
     to the 100th percentile of the market rate survey described 
     in subsection (b)(1)(A).
       ``(2) Additional uses.--An eligible State that demonstrates 
     to the Secretary that the State has achieved a payment rate 
     of the 100th percentile of the market rate survey described 
     in subsection (b)(1)(A) may use funds received under a grant 
     made under this section for any other activity that the State 
     demonstrates to the Secretary will enhance the quality of 
     child care services provided in the State.
       ``(3) Payment rate.--In this section, the term `payment 
     rate' means the rate of reimbursement to providers for 
     subsidized child care.
       ``(4) Supplement not supplant.--Amounts paid to a State 
     under this section shall be used to supplement and not 
     supplant other Federal, State, or local funds provided to the 
     State under this subchapter or any other provision of law.
       ``(e) Evaluations and reports.--
       ``(1) State evaluations.--Each eligible State shall submit 
     to the Secretary, at such time and in such form and manner as 
     the Secretary may require, information regarding the State's 
     efforts to increase payment rates and the impact increased 
     rates are having on the quality of, and accessibility to, 
     child care in the State.
       ``(2) Reports to congress.--The Secretary shall submit 
     biennial reports to Congress on the information described in 
     paragraph (1). Such reports shall include data from the 
     applications submitted under subsection (b)(2) as a baseline 
     for determining the progress of each eligible State in 
     maintaining increased payment rates.''.
                                 ______
                                 
      By Mr. MURKOWSKI (for himself, Mr. Stevens, Mr. Inouye, and Mr. 
        Akaka):
  S. 1476. A bill to amend title XVIII of the Social Security Act to 
provide an increase in payments for physician services provided in 
health professional shortage areas in Alaska and Hawaii; to the 
Committee on Finance.


           health professional shortage in alaska and hawaii

  Mr. MURKOWSKI: Mr. President, I rise today to introduce legislation 
co-sponsored by my colleagues Senator Stevens, Senator Akaka, and 
Senator Inouye which will help to alleviate some of the financial 
hardships that currently face physicians who practice in remote areas 
of Alaska and Hawaii.
  Access to health care is the over-riding problem for Alaska's 
elderly. Almost weekly, I receive letters from seniors in Alaska who 
tell me that their doctor is no longer willing to accept Medicare 
patients. Why? Because

[[Page 19156]]

doctors in rural areas lose money on Medicare patients.
  In a 1987 report to Congress, the Physician Payment Review Commission 
recognized that low Medicare payments in rural areas affect physicians' 
willingness to see Medicare beneficiaries. In response, Congress 
provided a 10 percent bonus payment for all physician services provided 
in rural areas with the greatest degree of physician shortages. 
Unfortunately, reimbursement rates continue to be inadequate in Alaska 
and Hawaii where physicians must contend with extreme remoteness and 
high transportation costs. Alaska is currently 70 percent medically 
underserved.
  The legislation which I am introducing today will increase the bonus 
payment for rural physicians in Alaska and Hawaii to 20 percent. By 
increasing these payments, physicians in Alaska and Hawaii will be 
better able to cover the additional costs which accompanies the 
delivery of health care in remote areas. Furthermore, this legislation 
will go far in helping Alaska and Hawaii retain current physician 
staffs and better meet the needs of Alaskan Native and Hawaiian Native 
communities.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1476

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INCREASE IN PAYMENTS FOR PHYSICIAN SERVICES 
                   PROVIDED IN HEALTH PROFESSIONAL SHORTAGE AREAS 
                   IN ALASKA AND HAWAII.

       (a) In General.--Section 1833(m) of the Social Security Act 
     (42 U.S.C. 13951(m)) is amended by inserting ``(20 percent in 
     such an area in Alaska or Hawaii) after ``10 percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to physician services furnished on or after the 
     date of enactment of this Act.
                                 ______
                                 
      By Mr. DASCHLE (for himself, Mr. McCain and Mr. Inouye):
  S. 1478. A bill to amend part E of title IV of the Social Security 
Act to provide equitable access for foster care and adoption services 
for Indian children in tribal areas; to the Committee on Finance.


    Improving Foster Care and Adoption Services for Native American 
                                Children

  Mr. DASCHLE. Mr. President, today I am introducing, along with 
Senator McCain and Senator Inouye, an important bill to correct an 
inequity in the law affecting many Native American children. Every 
year, for a variety of often tragic reasons, thousands of children 
across the country are placed in foster care. To assist with the cost 
of food, shelter, clothing, daily supervision and school supplies, 
foster parents of children who have come to them through state agency 
placements receive money through Title IV-E of the Social Security Act. 
Additionally, States receive funds for administrative training and data 
collection to support this program. Unfortunately, because of a 
legislative oversight, many income-eligible Native American children 
placed in foster care by tribal agencies do not receive foster care and 
adoptive services to which all other income-eligible children are 
entitled.
  Not only are otherwise eligible Native children denied foster care 
maintenance payments, but this inequity also extends to children 
adopted through tribal placements. Currently, the IV-E program offers 
sporadic assistance for expenses associated with adoption and no 
assistance for training professional staff or parents involved in the 
adoption absent a tribal-state agreement.
  In many instances, these children face insurmountable odds. Many come 
from abusive homes. Foster parents who open their doors to care for 
these special children deserve our help. These generous people who are 
willing to take these children into their homes shouldn't have 
sleepless nights worrying about whether they have the resources to 
provide nourishing food or a warm coat, or even adequate shelter for 
these children. This legislation will go a long way to ease their 
concerns.
  Currently, some tribes and states have entered into IV-E agreements, 
but these arrangements are the exception. They also, by and large, do 
not include funds to train tribal social workers and other program 
administrators. This bill would authorize tribes to operate IV-E 
programs in the same manner as states. Upon approval of a tribal plan 
by HHS, the tribe would be able to provide services to income-eligible 
children under its custody. The bill would also allow children in 
tribal custody to receive foster care payments where a tribe chooses 
not to operate the entire program if adequate arrangements are made 
between the tribe and the state for provision of child welfare services 
and protections required by Title IV-E.
  The bill we are introducing today would:
  Authorize reimbursement of Title IV-E entitlement programs for tribal 
placements in foster and adoptive homes;
  Authorize tribal governments to receive direct funding from the 
Department of Health and Human Services for training and administration 
of IV-E programs (tribes must have HHS-approved programs);
  Allow the Secretary flexibility to modify the requirements of the IV-
E law for tribes if those requirements are not in the best interest of 
Native children and if the tribal plans include alternative provisions 
that would achieve the purpose of the requirement that is altered or 
waived; and
  Allow continuation of tribal-state IV-E agreements.
  In a 1994 report, HHS found that the best way to serve this 
underfunded group is to provide direct assistance to tribal governments 
and qualified tribal families. This bill would not reduce the 
entitlement funding for states, as they would continue to be reimbursed 
for their expenses under the law. I strongly believe Congress should 
address this oversight and provide equitable benefits to Native 
American children under the jurisdiction of their tribal governments, 
and I hope my colleagues will join me in supporting this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1478

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AUTHORITY OF INDIAN TRIBES TO RECEIVE FEDERAL 
                   FUNDS FOR FOSTER CARE AND ADOPTION ASSISTANCE.

       (a) Children Placed in Tribal Custody Eligible for Foster 
     Care Funding.--Section 472(a)(2) of the Social Security Act 
     (42 U.S.C. 672(a)(2)) is amended--
       (1) by striking ``or (B)'' and inserting ``(B)''; and
       (2) by inserting before the semicolon the following: ``, or 
     (C) an Indian tribe as defined in section 479B(b)(5), in the 
     case of an Indian child (as defined in section 4(4) of the 
     Indian Child Welfare Act of 1978 (25 U.S.C. 1903(4))) if the 
     tribe is not operating a program pursuant to section 479B and 
     (i) has an agreement with a State pursuant to section 
     479B(b)(3) or (ii) submits to the Secretary a description of 
     the arrangements, jointly developed or in consultation with 
     the State, made for the payment of funds and the provision of 
     the child welfare services and protections required by this 
     title''.
       (b) Programs Operated By Indian Tribal Organizations.--Part 
     E of title IV of the Social Security Act (42 U.S.C. 670 et 
     seq.) is amended by adding at the end the following:


           ``PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS

       ``Sec. 479B. (a) Except as provided in subsection (b), this 
     part shall apply to an Indian Tribe that chooses to operate a 
     program under this part in the same manner as this part 
     applies to a State.
       ``(b)(1) In the case of an Indian tribe submitting a plan 
     for approval under section 471, the plan shall--
       ``(A) in lieu of the requirement of section 471(a)(3), 
     identify the service area or areas and population to be 
     served by the Indian tribe; and
       ``(B) in lieu of the requirement of section 471(a)(10), 
     provide for the approval of foster homes pursuant to tribal 
     standards and in a manner that ensures the safety of, and 
     accountability for, children placed in foster care.
       ``(2)(A)(i) For purposes of determining the Federal medical 
     assistance percentage applicable to an Indian tribe under 
     paragraphs (1) and (2) of section 474(a), the calculation of 
     an Indian tribe's per capita income shall be based upon the 
     service population of the Indian tribe as defined in its 
     plan.

[[Page 19157]]

       ``(ii) An Indian tribe may submit to the Secretary such 
     information as the tribe considers may be relevant to making 
     the calculation of the per capita income of the tribe, and 
     the Secretary shall consider such information before making 
     the calculation.
       ``(B) The Secretary shall, by regulation, determine the 
     proportions to be paid to Indian tribes pursuant to section 
     474(a)(3), except that in no case shall an Indian tribe 
     receive a lesser proportion than specified for States in that 
     section.
       ``(C) An Indian tribe may use Federal or State funds to 
     match payments for which the Indian tribe is eligible under 
     section 474.
       ``(3) An Indian tribe and a State may enter into a 
     cooperative agreement for the administration or payment of 
     funds pursuant to this part. Any such agreement that is in 
     effect as of the date of the enactment of this section shall 
     remain in full force and effect subject to the right of 
     either party to revoke or modify the agreement pursuant to 
     its terms.
       ``(4) The Secretary may prescribe regulations that alter or 
     waive any requirement under this part with respect to an 
     Indian tribe or tribes if the Secretary, after consulting 
     with the tribe or tribes--
       ``(A) determines that the strict enforcement of the 
     requirement would not advance the best interests and the 
     safety of children served by the Indian tribe or tribes; and
       ``(B) provides in the regulations that tribal plans include 
     alternative provisions that would achieve the purposes of the 
     requirement that is to be altered or waived.
       ``(5) For purposes of this section, the term `Indian tribe' 
     means any Indian tribe, band, nation, or organized group or 
     community of Indians, including any Alaska Native village, 
     that is recognized as eligible for the special programs and 
     services provided by the United States to Indians because of 
     their status as Indians.
       ``(6) Nothing in this section shall preclude the 
     development and submission of a single plan under section 471 
     that meets the requirements of this section by the 
     participating Indian tribes of an intertribal consortium.''.
       (c) Effective Date.--The amendments made by this Act take 
     effect on the date of enactment of this Act.

  Mr. McCAIN. Mr. President, I am pleased to co-sponsor legislation 
with my colleagues, Senators Daschle and Inouye, to amend the Social 
Security Act and extend eligibility for Indian tribes to fully 
implement, like states, the Title IV-E Foster Care and Adoption 
Assistance Act. This important legislation will finally allow Indian 
children living in tribal areas to have the same access to services of 
the Title IV-E Foster Care and Adoption Assistance Program enjoyed by 
other children nationwide.
  The purpose of the Title IV-E program is to ensure that children 
receive adequate care when placed in foster care and adoption programs. 
The Title IV-E program operates as an open-ended entitlement program 
for eligible state governments with approved plans. State governments 
receive funding for foster care maintenance payments to cover food, 
shelter, clothing, school supplies, and liability insurance for income-
eligible children placed in foster homes by state courts, and for 
related administrative and training costs.
  While Congress intended that the Title IV-E program should benefit 
all eligible children, Indian children who are under the jurisdiction 
of their tribal court are not eligible. When enacted, the Title IV-E 
law did not properly consider that Indian tribal governments retain 
sole jurisdiction over the domestic affairs of their own tribal 
members, particularly Indian children.
  State administrators have attempted to meet the intended goals of 
these programs by extending their efforts to Indian country. However, 
administrative and jurisdictional hurdles make it nearly impossible to 
provide these services. As a result, Indian children in need of foster 
care and child support are not accorded the same level of service as 
other children nationwide. Tribal governments, who are legally 
responsible for Indian children in foster care, are not entitled to 
federal reimbursement for children placed in foster care by a tribal 
court, unless the tribe, as a public agency, enters into a cooperative 
agreement with the state.
  A cooperative agreement may not sound all that difficult, but in 
reality, such an agreement can prove impossible. Rather than providing 
incentives, current law more often discourages states from entering 
into agreements with tribes. For example, a state is accountable for 
tribal compliance with Title IV-E requirements. If a tribe cannot 
fulfill a matching requirement, the state must assume the costs on 
behalf of the tribe in order to retain federal funds. It is entirely 
possible that states could lose their Title IV-E funds if tribal 
records were out of compliance.
  State-tribal relations are not always productive, particularly when 
disputes arise over issues unrelated to child welfare. Providing this 
direct eligibility for tribal governments, with the same accountability 
and enforcement requirements, will resolve such problems. State 
agencies have indicated that direct participation by the tribes would 
help address an overburden of casework and preclude tension over 
jurisdictional issues.
  I want to make clear that enactment of this legislation will in no 
way supplant or discourage State-tribal agreements. Existing agreements 
will be honored, while allowing Indian tribes to directly access needed 
resources for further protection for income-eligible Indian children.
  I also want to comment briefly on efforts made by the Administration 
to implement a limited pilot program to provide direct authority to 
tribes to administer the Title IV-E and Title IV-B programs. The 1997 
Adoption and Safe Families Act authorized up to ten demonstration 
programs. Five demonstration programs have been approved by the 
Administration to meet the needs of Indian children. I applaud the 
initiative, but this limited approval will not extend to any other 
tribe who may choose to administer their own programs and the needs of 
many Indian children will still be unmet. I sincerely hope the 
Administration would seek to include five more tribes as participants 
in the demonstration program.
  We sought to include similar eligibility provisions in the 1996 
Personal Responsibility and Work Opportunity Act, but were unsuccessful 
in finding the necessary off-sets to pay for this program.
  The Congressional Budget Office (CBO) estimates that this legislation 
would cost $236 million over a five-year period, which generally 
amounts to less than one percent of total Federal Title IV-E 
expenditures. While this legislation does not currently include any 
identified off-sets to pay for adding tribal eligibility for this 
entitlement program, I have assurances from Senators Daschle and Inouye 
that the inclusion of off-sets, prior to final passage, will in no way 
affect the Social Security Trust Fund or increase the federal debt. We 
have pledged to work together to find necessary and agreeable off-sets 
for this program.
  Mr. President, enactment of this legislation will bring an end to the 
disparate treatment of eligible Indian children under Title IV-E 
programs. I urge my colleagues to correct this unfair oversight and 
make the benefits of the Title IV-E entitlement program available for 
all children as intended.
                                 ______
                                 

 By Mr. GREGG (for himself, Mr. Lott, Ms. Collins, Mr. Brownback, Mr. 
  Hagel, Mr. Coverdell, Mr. Gorton, Mr. Voinovich, Mr. Mack, and Mr. 
                               Sessions):

  S. 1479. A bill a amend the Elementary and Secondary Education Act of 
1965 to empower teachers, improve student achievement through high-
quality professional development for teachers, reauthorize the Reading 
Excellence Act, and for other purposes; to the Committee on Health, 
Education, Labor and Pensions.


                        teacher empowerment act

 Mr. GREGG. Mr President, today I am joined with my colleagues, 
Senators Lott, Collins, Brownback, Hagel, Coverdell, Gorton, Mack, 
Voinovich and Sessions in introducing the Teacher Empowerment Act 
(TEA). This Act is similar to H.R. 1995 which recently passed the 
House.
  The bill provides a little over $2 billion annually over 5 years by 
consolidating funds for Title II of ESEA, GOALS 2000 and Classroom Size 
into one flexible funding stream for the purposes of increasing teacher 
quality and the number of high quality teachers in our schools.
  Over 300 studies have found that the number one contributor to 
student

[[Page 19158]]

achievement is a highly qualified teacher. Outside of parental 
involvement, no other factor has as much impact on determining whether 
a student will succeed or fail in school. Unfortunately, we know that 
over 25% of those who enter the teacher workforce are poorly qualified 
to teach. Furthermore, we know that many teachers who are already in 
the classroom lack necessary skills or do not possess adequate 
knowledge of the subject area in which they teach.
  Since teacher quality is the most significant determinant to student 
success and there is a shortage of high quality teachers in our 
schools, it is readily apparent that we need to focus our efforts on 
increasing teacher quality. Nothing else will improve our public 
schools or lead to increased student achievement as much as increasing 
the number of high quality teachers in our schools.
  TEA improves teacher quality by requiring that professional 
development activities increase teacher knowledge and skills as well as 
student achievement. TEA builds upon extensive research on what type of 
professional development activities improve teacher knowledge and 
skills. First and foremost high quality professional development 
activities must be directly related to the curriculum and subject area 
in which the teacher provides instruction. Second, they must be of 
sufficient intensity and duration to have a positive and lasting 
impact. TEA only funds those professional activities that meet these 
requirements and only if the activities are tied to challenging State 
content and student performance standards.
  Not only does TEA improve teacher quality, but it gives school 
districts the ability to recruit and retain high quality teachers. Many 
school districts, especially inner city and rural school districts, are 
unable to either attract or retain high quality teachers. Blanket 
classroom size reduction proposals, which call for reduced class size 
at all costs, only exacerbate the situation.
  A recent Rand study found that California's classroom size initiative 
led to more uncredentialed, underqualifed teachers and an increase in 
teacher aides (rather than teachers) providing direct instruction to 
students. Inner city schools in Los Angeles actually witnessed a 
decrease in the number of qualified teachers, as many of those that 
were qualified left the inner city schools when jobs opened up in more 
affluent schools.
  Clearly, school districts must be given the resources to not only 
recruit, but also to retain, high quality teachers. TEA does this 
through a variety of measures. It permits school districts to award 
differential pay to retain and recruit teachers in high need subject 
areas, such as math and science. It permits schools to provide signing 
bonuses to retain their best teachers and reduce the rate of attrition.
  It permits school districts to establish incentive programs to 
attract and hire highly skilled and knowledgeable teachers. It permits 
schools to recruit individuals who have had careers outside of teaching 
but whose life experience provides a solid foundation for teaching. 
And, it permits schools to invest in teacher mentors and master 
teachers; studies and teacher polls have found that hiring master 
teachers who mentor new teachers improves both teacher quality and the 
likelihood that new teachers will stay and thrive at the school.
  In addition to promoting high quality professional development 
programs and to giving school districts the ability to retain, recruit 
and train high quality teachers, TEA also promotes a number of 
innovative common sense reforms, such as tenure reform, teacher 
testing, merit-based performance systems, teacher academies, and 
alternative certification programs.
  TEA also creates Teacher Opportunity Payments (TOPS), payments that 
would be provided directly to teachers so they can choose their own 
professional development. Teachers have reported that professional 
activities selected by the school districts are often not as helpful as 
those activities they might have selected themselves. Under TOPS, if a 
group of teachers is not satisfied with the professional opportunities 
offered by the school district, they could request that the LEA pay for 
them to attend a professional development program of their choice, 
provided the program met the professional activity requirements under 
the Act. This means that science teachers could attend a local 
university that has a reputation for intensive professional development 
programs in math and science; programs that they otherwise might not 
have had the opportunity to attend.
  I urge my colleagues to cosponsor TEA. TEA gives States and schools 
the resources and the flexibility to use those resources to retain, 
recruit, train and hire highly qualified teachers.
  I ask that the bill be printed in the Record.
  The bill follows:

                                S. 1479

       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 ``Teacher Empowerment Act''.

     SEC. 2. TEACHER EMPOWERMENT.

       (a) In General.--Title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
       (1) by striking the heading for title II and inserting the 
     following:

                     ``TITLE II--TEACHER QUALITY'';

       (2) by repealing sections 2001 through 2003; and
       (3) by amending part A to read as follows:

                     ``PART A--TEACHER EMPOWERMENT

     ``SEC. 2001. PURPOSE.

       ``The purpose of this part is to provide grants to States 
     and local educational agencies, in order to assist their 
     efforts to increase student academic achievement through such 
     strategies as improving teacher quality.

                     ``Subpart 1--Grants to States

     ``SEC. 2011. FORMULA GRANTS TO STATES.

       ``(a) In General.--In the case of each State that, in 
     accordance with section 2014, submits to the Secretary and 
     obtains approval of an application for a fiscal year, the 
     Secretary shall make a grant for the year to the State for 
     the uses specified in section 2012. The grant shall consist 
     of the allotment determined for the State under subsection 
     (b).
       ``(b) Determination of Amount of Allotment.--
       ``(1) Reservation of funds.--
       ``(A) In general.--From the total amount made available to 
     carry out this subpart for any fiscal year, the Secretary 
     shall reserve--
       ``(i) \1/2\ of 1 percent for allotments for the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, to be 
     distributed among those outlying areas on the basis of their 
     relative need, as determined by the Secretary in accordance 
     with the purpose of this part; and
       ``(ii) \1/2\ of 1 percent for the Secretary of the Interior 
     for programs under this part for professional development 
     activities for teachers, other staff, and administrators in 
     schools operated or funded by the Bureau of Indian Affairs.
       ``(B) Limitation.--In reserving an amount for the purposes 
     described in clauses (i) and (ii) of subparagraph (A) for a 
     fiscal year, the Secretary shall not reserve more than the 
     total amount the outlying areas and the schools operated or 
     funded by the Bureau of Indian Affairs received under the 
     authorities described in paragraph (2)(A)(i) for fiscal year 
     1999.
       ``(2) State allotments.--
       ``(A) Hold harmless.--
       ``(i) In general.--Subject to subparagraph (B), from the 
     total amount made available to carry out this subpart for any 
     fiscal year and not reserved under paragraph (1), the 
     Secretary shall allot to each of the 50 States, the District 
     of Columbia, and the Commonwealth of Puerto Rico an amount 
     equal to the total amount that such State received for fiscal 
     year 1999 under--

       ``(I) section 2202(b) of this Act (as in effect on the day 
     before the date of enactment of the Teacher Empowerment Act);
       ``(II) section 307 of the Department of Education 
     Appropriations Act, 1999; and
       ``(III) section 304(b) of the Goals 2000: Educate America 
     Act (20 U.S.C. 5884(b)).

       ``(ii) Ratable reduction.--If the total amount made 
     available to carry out this subpart for any fiscal year and 
     not reserved under paragraph (1) is insufficient to pay the 
     full amounts that all States are eligible to receive under 
     clause (i) for any fiscal year, the Secretary shall ratably 
     reduce such amounts for such fiscal year.
       ``(B) Allotment of additional funds.--
       ``(i) In general.--Subject to clause (ii), for any fiscal 
     year for which the total amount made available to carry out 
     this subpart and not reserved under paragraph (1) exceeds the 
     total amount made available to the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico for fiscal year

[[Page 19159]]

     1999 under the authorities described in subparagraph (A)(i), 
     the Secretary shall allot to each of those States the sum 
     of--

       ``(I) an amount that bears the same relationship to 50 
     percent of the excess amount as the number of individuals age 
     5 through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       ``(II) an amount that bears the same relationship to 50 
     percent of the excess amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line in the State, as determined by the Secretary on the 
     basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.

       ``(ii) Exception.--No State receiving an allotment under 
     clause (i) may receive less than \1/2\ of 1 percent of the 
     total excess amount allotted under clause (i) for a fiscal 
     year.
       ``(3) Reallotment.--If any State does not apply for an 
     allotment under this subsection for any fiscal year, the 
     Secretary shall reallot such amount to the remaining States 
     in accordance with this subsection.

     ``SEC. 2012. ALLOCATIONS WITHIN STATES.

       ``(a) Use of Funds.--Each State receiving a grant under 
     this subpart shall use the funds provided under the grant in 
     accordance with this section to carry out activities for the 
     improvement of teaching and learning.
       ``(b) Required and Authorized Expenditures.--
       ``(1) Required expenditures.--The Secretary may make a 
     grant to a State under this subpart only if the State agrees 
     to expend not less than 90 percent of the amount of the funds 
     provided under the grant for the purpose of making subgrants 
     to local educational agencies and eligible partnerships (as 
     defined in section 2021(d)), in accordance with subsection 
     (c).
       ``(2) Authorized expenditures.--A State that receives a 
     grant under this subpart may expend a portion equal to not 
     more than 10 percent of the amount of the funds provided 
     under the grant for 1 or more of the authorized State 
     activities described in section 2013 or to make grants to 
     eligible partnerships to enable the partnerships to carry out 
     subpart 2 (but not more than 5 percent of such portion may be 
     used for planning and administration related to carrying out 
     such purpose).
       ``(c) Distribution of Subgrants to Local Educational 
     Agencies and Eligible Partnerships.--
       ``(1) Allocations to local educational agencies.--
       ``(A) In general.--Subject to subparagraph (B), a State 
     receiving a grant under this subpart shall distribute a 
     portion equal to 80 percent of the amount described in 
     subsection (b)(1) by allocating to each eligible local 
     educational agency the sum of--
       ``(i) an amount that bears the same relationship to 50 
     percent of the portion as the number of individuals enrolled 
     in public and private nonprofit elementary schools and 
     secondary schools in the geographic area served by the agency 
     bears to the number of those individuals in the geographic 
     areas served by all the local educational agencies in the 
     State; and
       ``(ii) an amount that bears the same relationship to 50 
     percent of the portion as the number of individuals age 5 
     through 17 from families with incomes below the poverty line, 
     in the geographic area served by the agency, as determined by 
     the Secretary on the basis of the most recent satisfactory 
     data, bears to the number of those individuals in the 
     geographic areas served by all the local educational agencies 
     in the State, as so determined.
       ``(B) Alternative formula.--A State may increase the 
     percentage described in subparagraph (A)(ii) (and 
     commensurately decrease the percentage described in 
     subparagraph (A)(i)).
       ``(C) Use of funds.--The State shall make subgrants to 
     local educational agencies from allocations made under this 
     paragraph to enable the agencies to carry out subpart 3.
       ``(2) Competitive subgrants to local educational agencies 
     and eligible partnerships.--
       ``(A) Competitive process.--A State receiving a grant under 
     this subpart shall distribute a portion equal to 20 percent 
     of the amount described in subsection (b)(1) through a 
     competitive process.
       ``(B) Participants.--The competitive process carried out 
     under subparagraph (A) shall be open to local educational 
     agencies and eligible partnerships (as defined in section 
     2021(d)). In carrying out the process, the State shall give 
     priority to high-need local educational agencies that focus 
     on math, science, or reading professional development 
     programs.
       ``(C) Subgrants to eligible partnerships.--A State 
     receiving a grant under this subpart shall distribute at 
     least 3 percent of the portion described in subparagraph (A) 
     to the eligible partnerships through the competitive process.
       ``(D) Use of funds.--In distributing funds under this 
     paragraph, the State shall make subgrants--
       ``(i) to local educational agencies to enable the agencies 
     to carry out subpart 3; and
       ``(ii) to the eligible partnerships to enable the 
     partnerships to carry out subpart 2 (but not more than 5 
     percent of the funds made available to the eligible 
     partnerships through the subgrants may be used for planning 
     and administration related to carrying out such purpose).

     ``SEC. 2013. STATE USE OF FUNDS.

       ``(a) Authorized State Activities.--The authorized State 
     activities referred to in section 2012(b)(2) are the 
     following:
       ``(1) Reforming teacher certification (including 
     recertification) or licensure requirements to ensure that--
       ``(A) teachers have the necessary teaching skills and 
     academic content knowledge in the academic subjects in which 
     the teachers are assigned to teach;
       ``(B) the requirements are aligned with the State's 
     challenging State content standards; and
       ``(C) teachers have the knowledge and skills necessary to 
     help students meet challenging State student performance 
     standards.
       ``(2) Carrying out programs that--
       ``(A) include support during the initial teaching 
     experience, such as mentoring programs; and
       ``(B) establish, expand, or improve alternative routes to 
     State certification of teachers for highly qualified 
     individuals with a baccalaureate degree, including mid-career 
     professionals from other occupations, paraprofessionals, 
     former military personnel, and recent college or university 
     graduates with records of academic distinction who 
     demonstrate the potential to become highly effective 
     teachers.
       ``(3) Developing and implementing effective mechanisms to 
     assist local educational agencies and schools in effectively 
     recruiting and retaining highly qualified and effective 
     teachers and principals.
       ``(4) Reforming tenure systems and implementing teacher 
     testing and other procedures to remove expeditiously 
     incompetent and ineffective teachers from the classroom.
       ``(5) Developing or improving systems of performance 
     measures to evaluate the effectiveness of professional 
     development programs and activities in improving teacher 
     quality, skills, and content knowledge, and increasing 
     student achievement.
       ``(6) Developing or improving systems to evaluate the 
     impact of teachers on student achievement.
       ``(7) Providing technical assistance to local educational 
     agencies consistent with this part.
       ``(8) Funding projects to promote reciprocity of teacher 
     certification or licensure between or among States, except 
     that no reciprocity agreement developed under this paragraph 
     or developed using funds provided under this part may lead to 
     the weakening of any State teaching certification or 
     licensing requirement.
       ``(9) Developing or assisting local educational agencies or 
     eligible partnerships (as defined in section 2021(d)) in the 
     development and utilization of proven, innovative strategies 
     to deliver intensive professional development programs and 
     activities that are both cost-effective and easily 
     accessible, such as through the use of technology and 
     distance learning.
       ``(b) Coordination.--A State that receives a grant to carry 
     out this subpart and a grant under section 202 of the Higher 
     Education Act of 1965 (20 U.S.C. 1022) shall coordinate the 
     activities carried out under this section and the activities 
     carried out under that section 202.
       ``(c) Public Accountability.--
       ``(1) In general.--A State that receives a grant under this 
     subpart--
       ``(A) in the event the State provides public State report 
     cards on education, shall include in such report cards 
     information on the State's progress with respect to--
       ``(i) subject to paragraph (2), improving student academic 
     achievement, as defined by the State;
       ``(ii) closing academic achievement gaps, as defined by the 
     State, between groups described in paragraph (2)(A)(i); and
       ``(iii) increasing the percentage of classes in core 
     academic subjects that are taught by highly qualified 
     teachers; or
       ``(B) in the event the State provides no such report card, 
     shall publicly report the information described in 
     subparagraph (A) through other means.
       ``(2) Disaggregated data.--The information described in 
     clauses (i) and (ii) of paragraph (1)(A) and clauses (i) and 
     (ii) of section 2014(b)(2)(A) shall be--
       ``(A) disaggregated--
       ``(i) by minority and non-minority group and by low-income 
     and non-low-income group; and
       ``(ii) using assessments under section 1111(b)(3); and
       ``(B) publicly reported in the form of disaggregated data 
     only when such data are statistically sound.
       ``(3) Public availability.--Such information shall be made 
     widely available to the public, including parents and 
     students, through major print and broadcast media outlets 
     throughout the State.

     ``SEC. 2014. APPLICATIONS BY STATES.

       ``(a) In General.--To be eligible to receive a grant under 
     this subpart, a State shall submit an application to the 
     Secretary at such

[[Page 19160]]

     time, in such manner, and containing such information as the 
     Secretary may reasonably require.
       ``(b) Contents.--Each application submitted under this 
     section shall include the following:
       ``(1) A description of how the State will ensure that a 
     local educational agency receiving a subgrant to carry out 
     subpart 3 will comply with the requirements of such subpart.
       ``(2)(A) A description of the performance indicators that 
     the State will use to measure the annual progress of the 
     local educational agencies and schools in the State with 
     respect to--
       ``(i) subject to section 2013(c)(2), improving student 
     academic achievement, as defined by the State;
       ``(ii) closing academic achievement gaps, as defined by the 
     State, between groups described in section 2013(c)(2)(A)(i); 
     and
       ``(iii) increasing the percentage of classes in core 
     academic subjects that are taught by highly qualified 
     teachers.
       ``(B) An assurance that the State will require each local 
     educational agency and school in the State receiving funds 
     under this part to publicly report information on the 
     agency's or school's annual progress, as measured by the 
     performance indicators.
       ``(3) A description of how the State will hold the local 
     educational agencies and schools accountable for making 
     annual gains toward meeting the performance indicators 
     described in paragraph (2).
       ``(4)(A) A description of how the State will coordinate 
     professional development activities authorized under this 
     part with professional development activities provided under 
     other Federal, State, and local programs, including those 
     authorized under title I, title III, title IV, part A of 
     title VII, and (where applicable) the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) and the 
     Carl D. Perkins Vocational and Technical Education Act of 
     1998 (20 U.S.C. 2301 et seq.).
       ``(B) A description of the comprehensive strategy that the 
     State will use as part of the effort to carry out the 
     coordination, to ensure that teachers are trained in the 
     utilization of technology so that technology and technology 
     applications are effectively used in the classroom to improve 
     teaching and learning in all curriculum areas and academic 
     subjects, as appropriate.
       ``(5) A description of how the State will encourage the 
     development of proven, innovative strategies to deliver 
     intensive professional development programs that are both 
     cost-effective and easily accessible, such as through the use 
     of technology and distance learning.
       ``(c) Application Submission.--A State application 
     submitted to the Secretary under this section shall be 
     approved by the Secretary unless the Secretary makes a 
     written determination, within 90 days after receiving the 
     application, that the application is in violation of the 
     provisions of this Act.

            ``Subpart 2--Subgrants to Eligible Partnerships

     ``SEC. 2021. PARTNERSHIP GRANTS.

       ``(a) In General.--From the amount described in section 
     2012(c)(2)(C), the State agency for higher education, working 
     in conjunction with the State educational agency (if such 
     agencies are separate), shall award subgrants on a 
     competitive basis under section 2012(c) to eligible 
     partnerships to enable such partnerships to carry out 
     activities described in subsection (b). Such subgrants shall 
     be equitably distributed by geographic area within the State.
       ``(b) Use of Funds.--An eligible partnership that receives 
     funds under section 2012 shall use the funds for--
       ``(1) professional development activities in core academic 
     subjects to ensure that teachers have content knowledge in 
     the academic subjects that the teachers teach; and
       ``(2) developing and providing assistance to local 
     educational agencies and the teachers, principals, and 
     administrators of public and private schools served by each 
     such agency, for sustained, high-quality professional 
     development activities that--
       ``(A) ensure the agencies and individuals are able to use 
     State content standards, performance standards, and 
     assessments to improve instructional practices and improve 
     student achievement; and
       ``(B) may include intensive programs designed to prepare 
     teachers who will return to a school to provide such 
     instruction to other teachers within such school.
       ``(c) Special Rule.--No single participant in an eligible 
     partnership may use more than 50 percent of the funds made 
     available to the partnership under section 2012.
       ``(d) Coordination.--An eligible partnership that receives 
     a grant to carry out this subpart and a grant under section 
     203 of the Higher Education Act of 1965 (20 U.S.C. 1023) 
     shall coordinate the activities carried out under this 
     section and the activities carried out under that section 
     203.
       ``(e) Eligible Partnership.--In this section, the term 
     `eligible partnership' means an entity that--
       ``(1) shall include--
       ``(A) a high-need local educational agency;
       ``(B) a school of arts and sciences; and
       ``(C) an institution that prepares teachers; and
       ``(2) may include other local educational agencies, a 
     public charter school, a public or private elementary school 
     or secondary school, an educational service agency, a public 
     or private nonprofit educational organization, or a business.

          ``Subpart 3--Subgrants to Local Educational Agencies

     ``SEC. 2031. LOCAL USE OF FUNDS.

       ``(a) Required Activities.--
       ``(1) In general.--Each local educational agency that 
     receives a subgrant to carry out this subpart shall use the 
     subgrant to carry out the activities described in this 
     subsection.
       ``(2) Required professional development activities.--
       ``(A) Mathematics and science.--
       ``(i) In general.--Each local educational agency that 
     receives a subgrant to carry out this subpart shall use a 
     portion of the funds made available through the subgrant for 
     professional development activities in mathematics and 
     science in accordance with section 2032.
       ``(ii) Grandfather of old waivers.--A waiver provided to a 
     local educational agency under part D of title XIV prior to 
     the date of enactment of the Teacher Empowerment Act shall be 
     deemed to be in effect until such time as the waiver 
     otherwise would have ceased to be effective.
       ``(B) Professional development activities.--Each local 
     educational agency that receives a subgrant to carry out this 
     subpart shall use a portion of the funds made available 
     through the subgrant for professional development activities 
     that give teachers, principals, and administrators the 
     knowledge and skills to provide students with the opportunity 
     to meet challenging State or local content standards and 
     student performance standards. Such activities shall be 
     consistent with section 2032.
       ``(b) Allowable Activities.--Each local educational agency 
     that receives a subgrant to carry out this subpart may use 
     the funds made available through the subgrant to carry out 
     the following activities:
       ``(1) Recruiting and hiring certified or licensed teachers, 
     including teachers certified through State and local 
     alternative routes, in order to reduce class size, or hiring 
     special education teachers.
       ``(2) Initiatives to assist in recruitment of highly 
     qualified teachers who will be assigned teaching positions 
     within their fields, including--
       ``(A) providing signing bonuses or other financial 
     incentives, such as differential pay, for teachers to teach 
     in academic subjects in which there exists a shortage of such 
     teachers within a school or the area served by the local 
     educational agency;
       ``(B) establishing programs that--
       ``(i) recruit professionals from other fields and provide 
     such professionals with alternative routes to teacher 
     certification; and
       ``(ii) provide increased opportunities for minorities, 
     individuals with disabilities, and other individuals 
     underrepresented in the teaching profession; and
       ``(C) implementing hiring policies that ensure 
     comprehensive recruitment efforts as a way to expand the 
     applicant pool of teachers, such as identifying teachers 
     certified through alternative routes, and by implementing a 
     system of intensive screening designed to hire the most 
     qualified applicants.
       ``(3) Initiatives to promote retention of highly qualified 
     teachers and principals, including--
       ``(A) programs that provide mentoring to newly hired 
     teachers, such as mentoring from master teachers, and to 
     newly hired principals; and
       ``(B) programs that provide other incentives, including 
     financial incentives, to retain teachers who have a record of 
     success in helping low-achieving students improve their 
     academic success.
       ``(4) Programs and activities that are designed to improve 
     the quality of the teacher force, such as--
       ``(A) innovative professional development programs (which 
     may be through partnerships including institutions of higher 
     education), including programs that train teachers to utilize 
     technology to improve teaching and learning, that are 
     consistent with the requirements of section 2032;
       ``(B) development and utilization of proven, cost-effective 
     strategies for the implementation of professional development 
     activities, such as through the utilization of technology and 
     distance learning;
       ``(C) professional development programs that provide 
     instruction in how to teach children with different learning 
     styles, particularly children with disabilities and children 
     with special learning needs (including children who are 
     gifted and talented); and
       ``(D) professional development programs that provide 
     instruction in how best to discipline children in the 
     classroom and identify early and appropriate interventions to 
     help children described in subparagraph (C) to learn.
       ``(5) Programs and activities related to--
       ``(A) tenure reform;
       ``(B) provision of merit pay; and
       ``(C) testing of elementary school and secondary school 
     teachers in the academic subjects taught by such teachers.
       ``(6) Activities that provide teacher opportunity payments, 
     consistent with section 2033.

[[Page 19161]]



     ``SEC. 2032. PROFESSIONAL DEVELOPMENT FOR TEACHERS.

       ``(a) Limitation Relating to Curriculum and Academic 
     Subjects.--
       ``(1) In general.--Except as provided in paragraph (2), 
     funds made available to carry out this subpart may not be 
     provided for a teacher and a professional development 
     activity if the activity is not--
       ``(A) directly related to the curriculum and academic 
     subjects in which the teacher provides instruction; or
       ``(B) designed to enhance the ability of the teacher to 
     understand and use State standards for the academic subjects 
     in which the teacher provides instruction.
       ``(2) Exception.--Paragraph (1) shall not be construed to 
     prohibit the use of the funds for professional development 
     activities that provide instruction described in 
     subparagraphs (C) and (D) of section 2031(b)(4).
       ``(b) Other Requirements.--Professional development 
     activities provided under this subpart--
       ``(1) shall be measured, in terms of progress, using the 
     specific performance indicators established by the State 
     involved in accordance with section 2014(b)(2);
       ``(2) shall be tied to challenging State or local content 
     standards and student performance standards;
       ``(3) shall be tied to scientifically based research 
     demonstrating the effectiveness of the activities in 
     increasing student achievement or substantially increasing 
     the knowledge and teaching skills of the teachers 
     participating in the activities;
       ``(4) shall be of sufficient intensity and duration to have 
     a positive and lasting impact on the performance of a teacher 
     in the classroom (which shall not include 1-day or short-term 
     workshops and conferences), except that this paragraph shall 
     not apply to an activity if such activity is 1 component 
     described in a long-term comprehensive professional 
     development plan established by the teacher and the teacher's 
     supervisor based upon an assessment of the needs of the 
     teacher, the students of the teacher, and the local 
     educational agency involved; and
       ``(5) shall be developed with extensive participation of 
     teachers, principals, and administrators of schools to be 
     served under this part.
       ``(c) Accountability and Required Payments.--
       ``(1) In general.--A State shall notify a local educational 
     agency that the agency may be subject to the requirement of 
     paragraph (3) if, after any fiscal year, the State determines 
     that the professional development activities funded by the 
     agency under this subpart fail to meet the requirements of 
     subsections (a) and (b).
       ``(2) Technical assistance.--A local educational agency 
     that has received notification pursuant to paragraph (1) may 
     request technical assistance from the State in order to 
     provide the opportunity for such local educational agency to 
     comply with the requirements of subsections (a) and (b).
       ``(3) Requirement to provide teacher opportunity 
     payments.--
       ``(A) In general.--A local educational agency that has 
     received notification from the State pursuant to paragraph 
     (1) during any 2 consecutive fiscal years shall expend under 
     section 2033 for the succeeding fiscal year a proportion of 
     the funds made available to the agency to carry out this 
     subpart equal to the proportion of such funds expended by the 
     agency for professional development activities for the second 
     fiscal year in which the agency received the notification.
       ``(B) Requests.--On request by a group of teachers in 
     schools served by the local educational agency, the agency 
     shall use a portion of the funds provided to the agency to 
     carry out this subpart, to provide payments in accordance 
     with section 2033.
       ``(d) Definition.--In this section, the term `professional 
     development activity' means an activity described in 
     subsection (a)(2) or (b)(4) of section 2031.

     ``SEC. 2033. TEACHER OPPORTUNITY PAYMENTS.

       ``(a) In General.--A local educational agency receiving 
     funds to carry out this subpart may (or in the case of 
     section 2032(c)(3), shall) provide payments directly to a 
     teacher or a group of teachers seeking opportunities to 
     participate in a professional development activity of their 
     choice.
       ``(b) Notice to Teachers.--Each local educational agency 
     distributing payments under this section--
       ``(1) shall establish and implement a timely process 
     through which proper notice of availability of the payments 
     will be given to all teachers in schools served by the 
     agency; and
       ``(2) shall develop a process through which teachers will 
     be specifically recommended by principals to participate in 
     such opportunities by virtue of--
       ``(A) the teachers' lack of full certification or licensing 
     to teach the academic subjects in which the teachers teach; 
     or
       ``(B) the teachers' need for additional assistance to 
     ensure that their students make progress toward meeting 
     challenging State content standards and student performance 
     standards.
       ``(c) Selection of Teachers.--In the event adequate funding 
     is not available to provide payments under this section to 
     all teachers seeking such payments, or recommended under 
     subsection (b)(2), a local educational agency shall establish 
     procedures for selecting teachers for the payments, which 
     shall provide priority for those teachers recommended under 
     subsection (b)(2).
       ``(d) Eligible Activity.--A teacher receiving a payment 
     under this section shall have the choice of attending any 
     professional development activity that meets the criteria set 
     forth in subsections (a) and (b) of section 2032.

     ``SEC. 2034. LOCAL APPLICATIONS.

       ``(a) In General.--A local educational agency seeking to 
     receive a subgrant from a State to carry out this subpart 
     shall submit an application to the State--
       ``(1) at such time as the State shall require; and
       ``(2) that is coordinated with other programs carried out 
     under this Act (other than programs carried out under this 
     subpart).
       ``(b) Local Application Contents.--The local application 
     described in subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A description of how the local educational agency 
     intends to use funds provided to carry out this subpart.
       ``(2) An assurance that the local educational agency will 
     target funds to schools served by the local educational 
     agency that--
       ``(A) have the lowest proportions of highly qualified 
     teachers; or
       ``(B) are identified for school improvement under section 
     1116(c).
       ``(3) A description of how the local educational agency 
     will coordinate professional development activities 
     authorized under this subpart with professional development 
     activities provided through other Federal, State, and local 
     programs, including those authorized under title I, title 
     III, title IV, part A of title VII, and (where applicable) 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.) and the Carl D. Perkins Vocational and 
     Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).
       ``(4) A description of how the local educational agency 
     will integrate funds received to carry out this subpart with 
     funds received under title III that are used for professional 
     development to train teachers in how to use technology to 
     improve learning and teaching.
       ``(5) A description of how the local educational agency has 
     collaborated with teachers, principals, parents, and 
     administrators in the preparation of the application.
       ``(c) Parents' Right-To-Know.--A local educational agency 
     that receives funds to carry out this subpart shall provide, 
     upon request and in an understandable and uniform format, to 
     any parent of a student attending any school receiving funds 
     under this subpart from the agency, information regarding the 
     professional qualifications of the student's classroom 
     teachers, including, at a minimum, whether the teachers are 
     highly qualified.

                    ``Subpart 4--National Activities

     ``SEC. 2041. ALTERNATIVE ROUTES TO TEACHING.

       ``(a) Teacher Excellence Academies.--
       ``(1) In general.--The Secretary may award grants on a 
     competitive basis to eligible consortia to carry out 
     activities described in this subsection.
       ``(2) Use of funds.--
       ``(A) In general.--An eligible consortium receiving funds 
     under this subsection shall use the funds to pay the costs 
     associated with the establishment or expansion of a teacher 
     academy, in an elementary school or secondary school 
     facility, that carries out--
       ``(i) the activities promoting alternative routes to State 
     teacher certification specified in subparagraph (B); or
       ``(ii) the model professional development activities 
     specified in subparagraph (C).
       ``(B) Promoting alternative routes to teacher 
     certification.--The activities promoting alternative routes 
     to State teacher certification specified in this subparagraph 
     are the design and implementation of a course of study and 
     activities providing an alternative route to State teacher 
     certification that--
       ``(i) provide opportunities to highly qualified individuals 
     with a baccalaureate degree, including mid-career 
     professionals from other occupations, paraprofessionals, 
     former military personnel, and recent college or university 
     graduates with records of academic distinction;
       ``(ii) provide stipends, for not more than 2 years, to 
     permit individuals described in clause (i) to participate as 
     student teachers able to fill teaching needs in academic 
     subjects in which there is a demonstrated shortage of 
     teachers;
       ``(iii) provide for the recruitment and hiring of master 
     teachers to mentor and train student teachers within such 
     academies; and
       ``(iv) include a reasonable service requirement for 
     individuals completing the course of study and alternative 
     certification activities established by the eligible 
     consortium.
       ``(C) Model professional development.--The model 
     professional development activities specified in this 
     subparagraph are activities providing ongoing professional 
     development opportunities for teachers, such as--
       ``(i) innovative programs and model curricula in the area 
     of professional development, which may serve as models to be 
     disseminated to other schools and local educational agencies; 
     and

[[Page 19162]]

       ``(ii) the development of innovative techniques for 
     evaluating the effectiveness of professional development 
     programs.
       ``(3) Grant for special consortium.--In making grants under 
     this subsection, the Secretary shall award not less than 1 
     grant to an eligible consortium that--
       ``(A) includes a high-need local educational agency located 
     in a rural area; and
       ``(B) proposes activities that involve the extensive use of 
     distance learning in order to provide the applicable course 
     work to student teachers.
       ``(4) Special rule.--No single participant in an eligible 
     consortium may use more than 50 percent of the funds made 
     available to the consortium under this subsection.
       ``(5) Application.--To be eligible to receive a grant under 
     this subsection, an eligible consortium shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       ``(6) Eligible consortium.--In this subsection, the term 
     `eligible consortium' means a consortium for a State that--
       ``(A) shall include--
       ``(i) the State agency responsible for certifying or 
     licensing teachers;
       ``(ii) not less than 1 high-need local educational agency;
       ``(iii) a school of arts and sciences; and
       ``(iv) an institution that prepares teachers; and
       ``(B) may include local educational agencies, public 
     charter schools, public or private elementary schools or 
     secondary schools, educational service agencies, public or 
     private nonprofit educational organizations, museums, or 
     businesses.
       ``(b) Troops-to-Teachers Program.--
       ``(1) Purpose.--The purpose of this subsection is to 
     authorize a mechanism for the funding and administration 
     after September 30, 2000, of the Troops-to-Teachers Program 
     established by the Troops-to-Teachers Program Act of 1999 
     (subtitle I of title V of the National Defense Authorization 
     Act for Fiscal Year 2000).
       ``(2) Transfer of funds for administration of program.--
     Subject to paragraph (3), to the extent that funds are made 
     available under this Act for the Troops-to-Teachers Program, 
     the Secretary of Education shall transfer the funds to the 
     Defense Activity for Non-Traditional Education Support of the 
     Department of Defense. The Defense Activity shall use the 
     funds to perform the actual administration of the Troops-to-
     Teachers Program, including the selection of participants in 
     the Program under section 594 of the Troops-to-Teachers 
     Program Act of 1999. The Secretary of Education may retain a 
     portion of the funds to identify local educational agencies 
     with teacher shortages and States with alternative 
     certification requirements, as required by section 592 of 
     such Act.
       ``(3) Defense and coast guard contribution.--The Secretary 
     of Education may not transfer funds under paragraph (2) 
     unless the Secretary of Defense, and the Secretary of 
     Transportation with respect to the Coast Guard, agree to pay 
     for not less than 25 percent of the costs associated with the 
     activities conducted under the Troops-to-Teachers Program. 
     The contributions may be in cash or in kind, fairly 
     evaluated, including plant, equipment, and services, and may 
     be from private contributions made for purposes of the 
     Program.

     ``SEC. 2042. EISENHOWER NATIONAL CLEARINGHOUSE FOR 
                   MATHEMATICS AND SCIENCE EDUCATION.

       ``The Secretary may award a grant or contract, in 
     consultation with the Director of the National Science 
     Foundation, to an entity to continue the Eisenhower National 
     Clearinghouse for Mathematics and Science Education.

                          ``Subpart 5--Funding

     ``SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Fiscal Year 2000.--There are authorized to be 
     appropriated to carry out this part $2,060,000,000 for fiscal 
     year 2000, of which $15,000,000 shall be available to carry 
     out subpart 4.
       ``(b) Other Fiscal Years.--There are authorized to be 
     appropriated to carry out this part such sums as may be 
     necessary for fiscal years 2001 through 2004.

                    ``Subpart 6--General Provisions

     ``SEC. 2061. DEFINITIONS.

       ``In this part:
       ``(1) Arts and sciences.--The term `arts and sciences' has 
     the meaning given the term in section 201(b) of the Higher 
     Education Act of 1965 (20 U.S.C. 1021(b)).
       ``(2) Highly qualified.--The term `highly qualified' 
     means--
       ``(A) with respect to an elementary school teacher, a 
     teacher--
       ``(i) with an academic major in the arts and sciences; or
       ``(ii) who can demonstrate competence through a high level 
     of performance in core academic subjects; and
       ``(B) with respect to a secondary school teacher, a 
     teacher--
       ``(i) with an academic major in the academic subject in 
     which the teacher teaches or in a related field;
       ``(ii) who can demonstrate a high level of competence 
     through rigorous academic subject tests; or
       ``(iii) who can demonstrate competence through a high level 
     of performance in relevant content areas.
       ``(3) High-need local educational agency.--The term `high-
     need local educational agency' means a local educational 
     agency that serves an elementary school or secondary school 
     located in an area in which there is--
       ``(A) a high percentage of individuals from families with 
     incomes below the poverty line;
       ``(B) a high percentage of secondary school teachers not 
     teaching in the academic subject in which the teachers were 
     trained to teach; or
       ``(C) a high teacher turnover rate.
       ``(4) Out-of-field teacher.--The term `out-of-field 
     teacher' means a teacher--
       ``(A) teaching an academic subject for which the teacher is 
     not highly qualified, as determined by the State involved; or
       ``(B) who did not receive a degree from an institution of 
     higher education with a major or minor in the field in which 
     the teacher teaches.
       ``(5) Poverty line.--The term `poverty line' means the 
     poverty line (as defined by the Office of Management and 
     Budget and revised annually in accordance with section 673(2) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9902(2))) applicable to a family of the size involved.
       ``(6) Scientifically based research.--The term 
     `scientifically based research'--
       ``(A) means the application of rigorous, systematic, and 
     objective procedures to obtain valid knowledge relevant to 
     professional development of teachers; and
       ``(B) includes research that--
       ``(i) employs systematic, empirical methods that draw on 
     observation or experiment;
       ``(ii) involves rigorous data analyses that are adequate to 
     test the stated hypotheses and justify the general 
     conclusions drawn;
       ``(iii) relies on measurements or observational methods 
     that provide valid data across evaluators and observers and 
     across multiple measurements and observations; and
       ``(iv) has been accepted by a peer-reviewed journal or 
     approved by a panel of independent experts through a 
     comparably rigorous, objective, and scientific review.''.
       (b) Conforming Amendment.--Section 13302(1) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8672(1)) is amended by striking ``2102(b)'' and inserting 
     ``2042''.

     SEC. 3. AMENDMENTS RELATING TO READING EXCELLENCE ACT.

       (a) Repeal of Part B.--Part B of title II of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6641 et seq.) 
     is repealed.
       (b) Reading Excellence Act.--
       (1) Part heading.--Part C of title II of such Act is 
     redesignated as part B and the heading for such part B is 
     amended to read as follows:

                  ``PART B--READING EXCELLENCE ACT''.

       (2) Authorization of appropriations.--Section 2260(a) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6661i(a)) is amended by adding at the end the following:
       ``(3) Fiscal years 2001 through 2004.--There are authorized 
     to be appropriated to carry out this part $260,000,000 for 
     fiscal year 2001 and such sums as may be necessary for fiscal 
     years 2002 through 2004.''.
       (3) Short title.--Part B of title II of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6661) is amended 
     by adding at the end the following:

     ``SEC. 2261. SHORT TITLE.

       ``This part may be cited as the `Reading Excellence 
     Act'.''.

     SEC. 4. GENERAL PROVISIONS.

       (a) In General.--Title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
       (1) by repealing part D;
       (2) by redesignating part E as part C; and
       (3) by repealing sections 2401 and 2402 and inserting the 
     following:

     ``SEC. 2401. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION 
                   OR LICENSING OF TEACHERS.

       ``(a) Prohibition on Mandatory Testing, Certification, or 
     Licensing.--Notwithstanding any other provision of law, the 
     Secretary may not use Federal funds to plan, develop, 
     implement, or administer any mandatory national teacher test 
     or method of certification or licensing.
       ``(b) Prohibition on Withholding Funds.--The Secretary may 
     not withhold funds from any State or local educational agency 
     if such State or local educational agency fails to adopt a 
     specific method of teacher certification or licensing.

     ``SEC. 2402. PROVISIONS RELATED TO PRIVATE SCHOOLS.

       ``The provisions of sections 14503 through 14506 apply to 
     programs carried out under this title.

     ``SEC. 2403. HOME SCHOOLS.

       ``Nothing in this title shall be construed to permit, 
     allow, encourage, or authorize any Federal control over any 
     aspect of any private, religious, or home school, whether a 
     home school is treated as a private school or home school 
     under the law of the State involved, except that the 
     Secretary may require that funds provided to a school under

[[Page 19163]]

     this title be used for the purposes described in this title. 
     This section shall not be construed to bar private, 
     religious, or home schools from participating in or receiving 
     programs or services under this title.''.
       (b) Conforming Amendments.--
       (1) Coordination.--Section 1202(c)(2)(C) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6362(c)(2)(C)) 
     is amended, in the subparagraph heading, by striking ``part 
     c'' and inserting ``part b''.
       (2) Definition of covered program.--Section 14101(10)(C) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801(10)(C)) is amended by striking ``(other than section 
     2103 and part D)''.
       (3) Private school participation.--Section 14503(b)(1)(B) 
     (20 U.S.C. 8893(b)(1)(B)) of such Act is amended by striking 
     ``(other than section 2103 and part D of such 
     title)''.

 Mr. MACK. Mr. President, I rise today to speak on behalf of 
the Teacher Empowerment Act, which is legislation introduced by my 
friend and colleague Senator Gregg. I am proud to be an original 
cosponsor of this legislation, which responds to several critical needs 
facing American education. In particular, it addresses teacher quality 
and quantity. It addresses local control of educating our children. It 
requires accountability to parents and students. In short, it is a plan 
to ensure that every child in America is prepared for global 
competition in the 21st Century.
  The Teacher Empowerment Act recognizes the expertise of our state and 
local governments in educating our children. American parents trust 
their teachers and principals to make appropriate educational decisions 
for their children. In reality, Washington bureaucrats have called the 
shots for far too long. The results indicate that in lieu of 
achievement, we now have reams of paperwork and a myriad of programs to 
address local problems at the national level. We can and must do 
better.
  The Teacher Empowerment Act puts decision making authority back into 
the hands of local schools. It encourages states to implement 
innovative teacher reforms and high quality professional development 
programs to increase teacher knowledge and student achievement. Local 
schools would be encouraged to fund innovative programs such as teacher 
testing--a concept which I have strongly supported and which this body 
supported last year in a bipartisan vote--as well as tenure reform, 
merit-based pay, alternative routes to teacher certification, 
differential and bonus pay for teachers in high need subject areas, 
teacher mentoring, and in-service teacher academies.
  Our children are counting on us to ensure that they receive an 
education second to none. That starts with exceptional teachers and 
schools that are able to address the individual needs of its students. 
This bill returns to local schools the ability and authority to 
accomplish these goals. I urge my colleagues to support this 
bill.

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