[Congressional Record (Bound Edition), Volume 153 (2007), Part 7]
[Senate]
[Pages 10525-10548]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself and Mr. Obama):
  S. 1228. A bill to amend section 485(f) of the Higher Education Act 
of 1965 regarding law enforcement emergencies; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1228

       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 ``Campus Law Enforcement 
     Emergency Response Act of 2007''.

     SEC. 2. LAW ENFORCEMENT EMERGENCIES.

       Section 485(f) of the Higher Education Act of 1965 (20 
     U.S.C. 1092(f)) is amended--
       (1) by redesignating paragraphs (9) through (15) as 
     paragraphs (10) through (16), respectively;
       (2) by inserting after paragraph (8) the following:
       ``(9)(A) Each institution of higher education participating 
     in any program under this title shall develop and distribute 
     as part of the report described in paragraph (1)--
       ``(i) a statement of policy regarding the institution's law 
     enforcement emergency response program; and
       ``(ii) statistics concerning the occurrence of law 
     enforcement emergencies on the campus of the institution.
       ``(B) In this paragraph:
       ``(i) The term `campus' has the meaning given the term in 
     paragraph 6(A)(i), except that the term includes--
       ``(I) a noncampus building or property, as defined in 
     paragraph (6)(A)(ii), of an institution of higher education; 
     and
       ``(II) any public property, as defined in paragraph 
     (6)(A)(iii), of an institution of higher education.
       ``(ii) The term `law enforcement emergency' means a 
     shooting, the presence of an armed and dangerous person, a 
     bomb threat, the presence of an unauthorized hazardous or 
     toxic material that poses a threat to health and safety, a 
     lock-down, a reverse evacuation, or any other comparable type 
     of incident, on the campus of an institution of higher 
     education, that involves the participation of one or more law 
     enforcement agencies.
       ``(C) The policy described in subparagraph (A) shall 
     address the following:
       ``(i) Procedures students, employees, and others on the 
     campus of the institution will be directed to follow if a law 
     enforcement emergency occurs.
       ``(ii) Procedures the institution and law enforcement 
     agencies will follow to inform students, employees, and 
     others on the campus of the institution about a law 
     enforcement emergency on the campus and will follow to direct 
     the actions of the students, employees, and others. Such 
     procedures may include e-mail alerts, telephone alerts, text-
     message alerts, radio announcements, television alerts, 
     audible alert signals, and public address announcements.
       ``(D) Each institution participating in any program under 
     this title shall test the institution's law enforcement 
     emergency response policy and procedures on at least an 
     annual basis.
       ``(E) Each institution participating in any program under 
     this title shall make reports to the students, employees, and 
     others on the campus of the institution, not later than 30 
     minutes after the discovery of a law enforcement emergency on 
     the campus, through the procedures described in subparagraph 
     (C)(ii).
       ``(F) The Secretary and the Attorney General shall jointly 
     have the authority--
       ``(i) to review, monitor, and ensure compliance with this 
     paragraph;
       ``(ii) to advise institutions of higher education on model 
     law enforcement emergency response policies, procedures, and 
     practices; and
       ``(iii) to disseminate information concerning those 
     policies, procedures, and practices.
       ``(G) Campus law enforcement emergency response grants.--
       ``(i) Program authority.--The Secretary may make grants to 
     institutions of higher education or consortia of such 
     institutions, or enter into contracts with such institutions, 
     consortia, and other organizations, to develop, implement, 
     operate, improve, test, or disseminate campus law enforcement 
     emergency response policies, procedures, or programs.
       ``(ii) Awards.--Grants and contracts under this 
     subparagraph shall be awarded--

       ``(I) on a competitive basis; and
       ``(II) for a period not to exceed 1 year.

       ``(iii) Applications.--An institution of higher education, 
     a consortium, or an organization that desires to receive a 
     grant or enter into a contract under this subparagraph shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing or accompanied by such information as 
     the Secretary may reasonably require by regulation.
       ``(iv) Participation.--In awarding grants and contracts 
     under this subparagraph, the Secretary shall make every 
     effort to ensure--

       ``(I) the equitable participation of institutions of higher 
     education that are eligible to participate in programs under 
     this title;
       ``(II) the equitable geographic participation of such 
     institutions; and
       ``(III) the equitable participation of such institutions 
     with large and small enrollments.

       ``(v) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subparagraph 
     $5,000,000 for fiscal year 2008 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.''.

  Mr. DURBIN. Mr. President, I rise today to introduce the Campus Law 
Enforcement Emergency Response Act of 2007. This legislation takes 
several important steps to enhance the security of college and 
university campuses, including ensuring that schools have created and 
tested emergency response procedures and notification systems.
  We will never forget the tragic events at Virginia Tech on April 16, 
2007, when a mentally ill gunman brutally murdered 32 men and women 
over a period of several hours. This horrible incident demonstrated the 
need for colleges and universities to develop and test procedures for 
responding to emergency situations that pose a large-scale threat to 
public safety. In the era we live in today, college campuses may be 
viewed as inviting targets for those who seek to terrorize or kill. We 
have to be prepared for the possibility of mass-casualty attacks on our 
college campuses, and we have to be ready to respond to them if they 
occur.
  Many schools in my home State of Illinois and elsewhere have taken 
measures, both before and after the Virginia Tech shootings, to 
safeguard against such emergency incidents. However, there are nearly 
4,300 colleges and universities in the country, serving over 17 million 
students and millions more faculty, staff and campus visitors each 
year. We need to ensure that all of these institutions have effective 
law enforcement emergency response procedures in place, and we need to 
provide guidance and assistance for schools that need it.
  The Campus Law Enforcement Emergency Response Act would ensure that 
institutions of higher education meet baseline preparedness and testing 
requirements for law enforcement emergencies. The bill would expand the 
focus of the Clery Act, an existing law that requires colleges and 
universities to issue annual reports on campus crime and crime security 
measures, to cover ``law enforcement emergency'' situations. The term 
``law enforcement emergency'' as defined in the bill would include 
situations that occur on a college campus that involve a law 
enforcement response and that pose a potential threat of continuing 
danger. Such situations would include ``a shooting, the presence of an 
armed and dangerous person, a bomb threat, the presence of an 
unauthorized hazardous or toxic material that poses a threat to health 
and safety, a lock-down, a reverse evacuation, or any other comparable 
type of incident on the campus . . . that involves the participation of 
one or more law enforcement agencies.'' Because of the threat of large-
scale dangers that these types of

[[Page 10526]]

emergency incidents pose to the campus community, additional 
preparations should be made for them.
  First, the bill would require higher education institutions to 
develop and distribute policies regarding the institution's law 
enforcement emergency response program. These policies would have to 
specify the procedures students and employees should follow if a law 
enforcement emergency occurs and the procedures that the school and its 
partner law enforcement agencies would follow to inform and guide 
students and employees in case of such an emergency. Under this bill, 
schools are encouraged to establish notification procedures such as e-
mail alerts, telephone alerts, text-message alerts, radio 
announcements, television alerts, audible alert signals, and public 
address announcements.
  The bill would also require institutions to test their law 
enforcement emergency response procedures at least annually. Such 
testing is crucial for ensuring the efficient and effective 
coordination of law enforcement response activities with the actions of 
those on campus.
  In addition, this legislation would require institutions to provide 
notice to the campus community through its notification procedures no 
later than 30 minutes after the discovery of a law enforcement 
emergency. Many have pointed out that over 2 hours passed between the 
discovery of the first shootings on the Virginia Tech campus and the 
initial threat notification to the Virginia Tech community. In the 
interim period, the Virginia Tech gunman moved across campus and shot 
many more victims. A 30-minute notification requirement provides enough 
time for law enforcement agencies to assess an emergency situation and 
to issue, at minimum, an alert notifying the campus community about the 
possibility of further danger.
  The bill would give the Departments of Education and Justice joint 
authority to review, monitor, and ensure compliance with the bill's 
requirements. Given the Department of Justices experience in dealing 
with law enforcement emergencies, joint authority and coordination with 
the Department of Education will provide a significant benefit to 
schools. Additionally, the bill would authorize the Education and 
Justice Departments to advise schools on model law enforcement 
emergency response procedures and to disseminate information about 
these procedures. The bill would further require schools to report 
statistics on the actual occurrence of law enforcement emergencies at 
each school.
  Finally, the bill would create a competitive grant program, to be 
administered by the Department of Education, to help institutions 
develop, implement, operate, improve, test, and disseminate campus law 
enforcement emergency response programs. The program would be 
authorized for 5 years, at $5 million for the first year and for such 
sums as may be necessary thereafter.
  The tragedy at Virginia Tech should cause us to reassess numerous 
laws in an effort to prevent such tragedies from happening in the 
future. We need to reevaluate the State and Federal laws that allowed a 
man to purchase guns and ammunition despite a prior determination of 
mental illness by a court. We need to take a hard look at mental health 
in this country and to craft policies that identify and provide support 
for those with signs of mental illness. We must also work to strengthen 
the security of our primary and secondary schools in order to safeguard 
against shootings and other dangerous incidents on those school 
grounds. These issues will be the subject of discussions in the days to 
come, and enhancing the preparedness of our college campuses for law 
enforcement emergencies must be a part of those discussions as well.
  Sadly, we cannot guarantee that a mass tragedy will never occur again 
on an American campus. But it is imperative that the Government, law 
enforcement agencies, and school administrations work together to guard 
against mass-casualty threats as best we can and to be ready to respond 
if they occur. The Campus Law Enforcement Emergency Response Act will 
help ensure that those who live, work, and study at our colleges and 
universities can do so more safely. I urge the Congress to pass this 
important and critical legislation.
                                 ______
                                 
      By Mr. DODD:
  S. 1230. A bill to amend the Internal Revenue Code of 1986 to provide 
a refundable credit for contributions to qualified tuition programs; to 
the Committee on Finance.
  Mr. DODD. Mr. President, I rise to introduce the College Saver's 
Credit Act, a bill designed to open the dream of higher education to 
many more Americans.
  Few choices in life have the economic consequence as the decision to 
enter college. Compare college-educated workers to their high-school-
educated peers: those with a college diploma will earn $1 million more 
over the course of a lifetime than their peers without one. That 
million-dollar difference lays bare the power in college access.
  And yet there are literally hundreds of thousands of young men and 
women who want to choose a college education, and cannot. These young 
men and women are prepared to enter into our college-educated middle 
class--prepared in intellect, prepared in maturity, prepared in 
ambition--and are shut out by the cost of tuition.
  This year, 400,000 high school seniors whose families have low or 
moderate incomes will be priced out of college. Of those, nearly 
200,000 will never attend college at all. They will lose their chance 
at higher education, and as a consequence, they will face almost twice 
the odds of unemployment.
  And unless we take action, the number of excluded Americans is only 
likely to increase. Over the past 10 years, the cost of attending a 4-
year public college has increased by more than $2,800, or 96 percent, 
and the cost of attending a four-year private college has increased by 
more than $9,000, or 71 percent. These costs continue to rise today.
  We must take steps to break down these barriers to access, starting 
by making it easier for families to save for higher education. The 
refundable College Saver's Credit created by this act would do just 
that--even as it boosts personal and national savings, at a time when 
these rates are setting new lows. It would provide a powerful 
complement to the other forms of financial aid available to students, 
which, I might add, we should also continue to work to strengthen.
  The College Saver's Credit would be available to low- and moderate-
income taxpayers who save in Section 529 college savings plans: 
specifically, to joint filers making up to $60,000, heads of households 
making up to $45,000, and all other taxpayers making up to $30,000, 
with all numbers indexed for inflation. In other words, the credit is 
designed to provide the greatest benefit to those who have the greatest 
difficulty affording college.
  Taxpayers could claim a 50 percent credit for Section 529 plan 
contributions, up to a maximum credit of $2,000. The College Saver's 
Credit would be fully refundable--meaning that even taxpayers who do 
not make enough money to have a high tax liability would be eligible to 
claim the credit's full value--provided that the refunded amount is put 
towards qualified higher educational expenses. Any refund would be 
deposited directly and automatically into the taxpayer's or taxpayer's 
beneficiary's designated 529 college savings plan, taking advantage of 
the IRS's new ``split refund'' option. Funds attributable to refunds 
from the College Saver's Credit could accumulate earnings tax-free 
(like the rest of the taxpayer's savings in a 529 plan), but may only 
be distributed to pay college costs--otherwise, they must be returned 
to the Treasury.
  In his budget this year, President Bush proposed expanding the 
Saver's Credit for retirement savings to section 529 college savings 
plans. Establishing the refundable College Saver's Credit would 
accomplish this goal in a way that provides the greatest value to those 
Americans who need it most.
  And in doing that, this bill accomplishes two worthy, and linked, 
goals: It encourages Americans to plan and

[[Page 10527]]

prepare for the future; and it truly widens the doors to college.
  Savings and education: They are pillars of our prosperity--prosperity 
that will grow even as it is shared more widely.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1230

       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 ``College Saver's Credit Act 
     of 2007''.

     SEC. 2. COLLEGE SAVER'S CREDIT.

       (a) Allowance of Refundable Credit.--Subpart C of part IV 
     of subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 (relating to refundable credits) is amended by 
     redesignating section 36 as section 37 and by inserting after 
     section 35 the following new section:

     ``SEC. 36. COLLEGE SAVER'S CREDIT.

       ``(a) Allowance of Credit.--In the case of an eligible 
     individual, there shall be allowed as a credit against the 
     tax imposed by this subtitle for the taxable year an amount 
     equal to 50 percent of so much of the qualified college 
     savings contributions made during the taxable year as do not 
     exceed $2,000.
       ``(b) Limitations.--
       ``(1) Limitation based on modified adjusted gross income.--
       ``(A) In general.--The amount which would (but for this 
     paragraph) be taken into account under subsection (a) for the 
     taxable year shall be reduced (but not below zero) by the 
     amount determined under subparagraph (B).
       ``(B) Amount of reduction.--The amount determined under 
     this subparagraph is the amount which bears the same ratio to 
     the amount which would be so taken into account as--
       ``(i) the excess of--

       ``(I) the taxpayer's modified adjusted gross income for the 
     taxable year, over
       ``(II) the applicable amount, bears to

       ``(ii) the phaseout amount.
       ``(C) Applicable amount; phaseout amount.--For purposes of 
     subparagraph (B), the applicable amount and the phaseout 
     amount shall be determined as follows:

 
                                                    The       The phase
                                                 applicable   out amount
                                                 amount is:      is:
 
In the case of a joint return.................      $60,000      $10,000
In the case of a head of household............      $45,000       $7,500
In any other case.............................      $30,000       $5,000
 

       ``(D) Modified adjusted gross income.--For purposes of this 
     paragraph, the term `modified adjusted gross income' means 
     the adjusted gross income of the taxpayer for the taxable 
     year increased by any amount excluded from gross income under 
     section 911, 931, or 933.
       ``(E) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2008, each of the 
     applicable amounts in the second column of the table in 
     subparagraph (C) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2007' 
     for `calendar year 1992' in subparagraph (B) thereof.

     Any increase determined under the preceding sentence shall be 
     rounded to the nearest multiple of $500.
       ``(2) Earned income limitation.--The amount of the credit 
     allowable under subsection (a) to any taxpayer for any 
     taxable year shall not exceed the earned income (as defined 
     by section 32(c)(2)) of such taxpayer for such taxable year.
       ``(c) Eligible Individual.--For purposes of this section--
       ``(1) In general.--The term `eligible individual' means any 
     individual if such individual has attained the age of 18 as 
     of the close of the taxable year.
       ``(2) Dependents not eligible.--The term `eligible 
     individual' shall not include any individual with respect to 
     whom a deduction under section 151 is allowed to another 
     taxpayer for a taxable year beginning in the calendar year in 
     which such individual's taxable year begins.
       ``(d) Qualified College Savings Contributions.--The term 
     `qualified college savings contributions' means, with respect 
     to any taxable year, the aggregate contributions made by the 
     taxpayer to any account which--
       ``(1) is described in section 529(b)(1)(A)(ii),
       ``(2) is part of a qualified tuition program, and
       ``(3) is established for the benefit of--
       ``(A) the taxpayer,
       ``(B) the taxpayer's spouse, or
       ``(C) any dependent of the taxpayer with respect to whom 
     the taxpayer is allowed a deduction under section 151.
       ``(e) Treatment of Contributions by Dependent.--If a 
     deduction under section 151 with respect to an individual is 
     allowed to another taxpayer for a taxable year beginning in 
     the calendar year in which such individual's taxable year 
     begins--
       ``(1) no credit shall be allowed under subsection (a) to 
     such individual for such individual's taxable year, and
       ``(2) any qualified college savings contributions made by 
     such individual during such taxable year shall be treated for 
     purposes of this section as made by such other taxpayer.''.
       (b) Refundable Amount Credited to Qualified Tuition Plan.--
       (1) Transfer of refund to qualified tuition plans.--Section 
     6402 of the Internal Revenue Code of 1986 (relating to 
     authority to make credits or refunds) is amended by adding at 
     the end the following new subsection:
       ``(l) Special Rule for Overpayments Attributable to College 
     Saver's Credit.--
       ``(1) In general.--In the case of any overpayment 
     attributable to the credit allowed under section 36, the 
     Secretary shall transfer such amount to the qualified tuition 
     program to which the taxpayer made a qualified college 
     savings contribution.
       ``(2) Transfers to more than 1 qualified tuition program.--
     If the taxpayer made qualified college savings contributions 
     to more than 1 qualified tuition program, the Secretary shall 
     transfer the overpayment described in paragraph (1) to each 
     such qualified tuition program in an amount that bears the 
     same ratio to the amount of such overpayment as--
       ``(A) the amount of qualified college savings contributions 
     made by such taxpayer to such qualified tuition program, 
     bears to
       ``(B) the amount of qualified college savings contribution 
     made by such taxpayer to all qualified tuition programs.
       ``(3) Qualified college savings contribution.--For purposes 
     of this subsection, the term `qualified college savings 
     contribution' has the meaning given such term by section 
     36(d).''.
       (2) Separate accounting for refundable amounts.--Section 
     529 of such Code is amended by redesignating subsection (f) 
     as subsection (g) and by inserting after subsection (e) the 
     following new subsection:
       ``(f) Special Rules for Contributions Attributable to 
     College Saver's Credit.--
       ``(1) In general.--A program shall not be treated as a 
     qualified tuition program unless it provides separate 
     accounting for contributions transferred by the Secretary 
     under section 6402(l) to an account in the program.
       ``(2) Special rules for distribution.--In the case of a 
     distribution under a qualified tuition program which includes 
     any amount transferred by the Secretary under section 6402(l) 
     (including any earnings attributable to such amount) and 
     which is includible in gross income, the tax imposed by this 
     chapter on the person receiving such distribution shall be 
     increased by 100 percent of the amount so includible.
       ``(3) Ordering rules.--For purposes of applying this 
     subsection to any distribution from a qualified tuition 
     program--
       ``(A) In general.--Except as provided in subparagraph (B), 
     such distribution shall be treated as made--
       ``(i) first from amounts contributed under the program, and
       ``(ii) second from amounts transferred by the Secretary 
     under section 6402(l).
       ``(B) Exception for distributions for qualified higher 
     education expenses.--In the case of a distribution described 
     in subsection (c)(3), such distribution shall be treated as 
     made--
       ``(i) first from amounts transferred by the Secretary under 
     section 6402(l), and
       ``(ii) second from other amounts contributed under the 
     program.''.
       (c) Conforming Amendments.--
       (1) Section 1324(b)(2) of title 31, United States Code, is 
     amended by inserting before the period at the end ``, or 
     enacted by the College Saver's Credit Act of 2007''.
       (2) The table of sections for subpart C of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by striking the item relating to section 36 
     and inserting the following:

``Sec. 36. College saver's credit.
``Sec. 37. Overpayments of tax.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 3. DISTRIBUTION OF FINANCIAL EDUCATION MATERIALS TO 
                   INDIVIDUALS INVESTING IN QUALIFIED TUITION 
                   PROGRAMS.

       (a) In General.--Subsection (b) of section 529 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(7) Financial education materials.--A program shall not 
     be treated as a qualified tuition program unless it requires 
     that financial education materials are distributed to 
     individuals participating in the program.''.
       (b) Guidance.--Subsection (g) of section 529 of such Code, 
     as redesignated by this Act, is amended by inserting ``and 
     regulations providing guidance on the types of financial

[[Page 10528]]

     education material required to be provided under subsection 
     (b)(7)'' before the period at the end.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act.

     SEC. 4. STUDY ON PARTICIPATION IN QUALIFIED TUITION PROGRAMS.

       (a) In General.--The Secretary of the Treasury shall 
     conduct a study on the participation of individuals in 
     qualified tuition programs under section 529 of the Internal 
     Revenue Code of 1986.
       (b) Matter Studied.--The study conducted under subsection 
     (a) shall consider--
       (1) the income and age of individuals participating in 
     qualified tuition programs, and
       (2) the amount of fees charged under each qualified tuition 
     program established or maintained by a State (or agency or 
     instrumentality thereof).
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of the Treasury shall 
     submit to Congress a report on the study conducted under 
     subsection (a).
                                 ______
                                 
      By Mr. REED:
  S. 1231. A bill to amend part A of title II of the Higher Education 
Act of 1965 to enhance teacher training and teacher preparation 
programs, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. REED. Mr. President, today I am introducing the Preparing, 
Recruiting, and Retaining Education Professionals (PRREP) Act to 
improve education and student achievement through high-quality 
preparation, induction, and professional development for teachers, 
early childhood education providers, principals, and administrators.
  Improving teacher quality is the single most effective measure we can 
take to increase student achievement. As Congress turns to the 
reauthorization of the Higher Education Act, we must ensure that 
educators receive the training and support necessary to thrive in our 
nation's early childhood programs, elementary schools, and secondary 
schools. We have an opportunity to support the development of educators 
so they not only have the credentials to be considered a ``highly 
qualified teacher'' under the No Child Left Behind Act, but also the 
skills and training to be truly effective in the classroom. By 
strengthening the teacher preparation grants in Title II of the Higher 
Education Act, my legislation will accomplish both of these important 
goals.
  Teacher attrition undermines teacher quality and creates teacher 
shortages. According to the National Commission on Teaching and 
America's Future, one-third of beginning teachers leave the profession 
within three years, and nearly one-half leave within five years. In 
high poverty schools turnover rates are even worse--approximately one-
third higher than the rate for all teachers. The PRREP Act would create 
a year-long clinical learning experience for prospective teachers, and 
establish a comprehensive induction program, including high quality 
mentoring, for new teachers in at least their first two years of 
teaching. Research consistently shows that induction programs reduce 
the number of teachers who leave their schools or the profession. 
Comprehensive induction programs can cut that number by half or more.
  Additionally, my legislation strengthens teacher preparation programs 
so that teachers will reach their maximum potential to positively 
affect student achievement. A focus on scientific knowledge of 
effective teaching skills and methods of student learning will equip 
teachers to understand and respond to diverse student populations, 
including students with disabilities, limited-English proficient 
students, and students with different learning styles or special 
learning needs. The legislation also seeks to ensure that teachers have 
the ability to integrate technology into the classroom, use assessments 
to improve instructional practices and curriculum, and communicate with 
and involve parents in their children's education.
  My legislation further focuses on teaching skills and learning 
strategies by including in the partnership grants academic departments 
such as psychology, human development, or one with comparable expertise 
in the disciplines of teaching, learning, and child and adolescent 
development. The PRREP Act also would include early childhood educators 
for the first time in teacher preparation programs.
  Teacher preparation grants under Title II of the Higher Education Act 
are currently funded at only $60 million a year--far too small of an 
investment for this critical enterprise. The stakes are too high, not 
just in terms of meeting the highly qualified requirements of the No 
Child Left Behind Act, but also for real students in real classrooms. 
My bill significantly boosts this funding, authorizing $500 million for 
these vital programs.
  I urge my colleagues to cosponsor this legislation and work for its 
inclusion in the reauthorization of the Higher Education Act.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1231

       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 ``Preparing, Recruiting, and 
     Retaining Education Professionals Act of 2007''.

     SEC. 2. PURPOSES; DEFINITIONS.

       Section 201 of the Higher Education Act of 1965 (20 U.S.C. 
     1021) is amended to read as follows:

     ``SEC. 201. PURPOSES; DEFINITIONS.

       ``(a) Purposes.--The purposes of this part are to--
       ``(1) improve student achievement;
       ``(2) improve the quality of the current and future 
     teaching force by improving the preparation of prospective 
     teachers and enhancing ongoing professional development 
     activities;
       ``(3) encourage partnerships among institutions of higher 
     education, early childhood education programs, elementary 
     schools or secondary schools, local educational agencies, 
     State educational agencies, teacher organizations, and 
     nonprofit educational organizations;
       ``(4) hold institutions of higher education and all other 
     teacher preparation programs (including programs that provide 
     alternative routes to teacher preparation) accountable in an 
     equivalent manner for preparing--
       ``(A) teachers who have strong teaching skills, are highly 
     qualified, and are trained in the effective uses of 
     technology in the classroom; and
       ``(B) early childhood education providers who are highly 
     competent;
       ``(5) recruit and retain qualified individuals, including 
     individuals from other occupations, into the teaching force 
     for early childhood education programs or in elementary 
     schools or secondary schools;
       ``(6) improve the recruitment, retention, and capacities of 
     principals to provide instructional leadership and to support 
     teachers in maintaining safe and effective learning 
     environments;
       ``(7) expand the use of research to improve teaching and 
     learning by teachers, early childhood education providers, 
     principals, and faculty; and
       ``(8) enhance the ability of teachers, early childhood 
     education providers, principals, administrators, and faculty 
     to communicate with, work with, and involve parents in ways 
     that improve student achievement.
       ``(b) Definitions.--In this part:
       ``(1) Arts and sciences.--The term `arts and sciences' 
     means--
       ``(A) when referring to an organizational unit of an 
     institution of higher education, any academic unit that 
     offers 1 or more academic majors in disciplines or content 
     areas corresponding to the academic subject matter areas in 
     which teachers provide instruction; and
       ``(B) when referring to a specific academic subject matter 
     area, the disciplines or content areas in which academic 
     majors are offered by the arts and science organizational 
     unit.
       ``(2) Early childhood education program.--The term `early 
     childhood education program' means a family child care 
     program, center-based child care program, prekindergarten 
     program, school program, or other out-of-home child care 
     program that is licensed or regulated by the State serving 2 
     or more unrelated children from birth until school entry, or 
     a Head Start program carried out under the Head Start Act or 
     an Early Head Start program carried out under section 645A of 
     that Act.
       ``(3) Exemplary teacher.--The term `exemplary teacher' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965.
       ``(4) Faculty.--
       ``(A) In general.--The term `faculty' means individuals in 
     institutions of higher education who are responsible for 
     preparing teachers.
       ``(B) Inclusions.--The term `faculty' includes professors 
     of education and professors in academic disciplines such as 
     the arts and sciences, psychology, and human development.

[[Page 10529]]

       ``(5) High-need local educational agency.--The term `high-
     need local educational agency' means a local educational 
     agency that serves an early childhood education program, 
     elementary school, or secondary school located in an area in 
     which--
       ``(A)(i) 15 percent or more of the students served by the 
     agency are from families with incomes below the poverty line;
       ``(ii) there are more than 5,000 students served by the 
     agency from families with incomes below the poverty line; or
       ``(iii) there are less than 600 students in average daily 
     attendance in all the schools that are served by the agency 
     and all of whose schools are designated with a school locale 
     code of 7 or 8, as determined by the Secretary; and
       ``(B)(i) there is a high percentage of teachers who are not 
     highly qualified; or
       ``(ii) there is a chronic shortage, or annual turnover rate 
     of 20 percent or more, of highly qualified teachers.
       ``(6) High-need school.--The term `high-need school' means 
     an early childhood education program, public elementary 
     school, or public secondary school--
       ``(A)(i) in which there is a high concentration of students 
     from families with incomes below the poverty line; or
       ``(ii) that, in the case of a public elementary school or 
     public secondary school, is identified as in need of school 
     improvement or corrective action pursuant to section 1116 of 
     the Elementary and Secondary Education Act of 1965; and
       ``(B) in which there exists--
       ``(i) in the case of a public elementary school or public 
     secondary school, a persistent and chronic shortage, or 
     annual turnover rate of 20 percent or more, of highly 
     qualified teachers; and
       ``(ii) in the case of an early childhood education program, 
     a persistent and chronic shortage of early childhood 
     education providers who are highly competent.
       ``(7) Highly competent.--The term `highly competent' when 
     used with respect to an early childhood education provider 
     means a provider--
       ``(A) with specialized education and training in 
     development and education of young children from birth until 
     entry into kindergarten;
       ``(B) with--
       ``(i) a baccalaureate degree in an academic major in the 
     arts and sciences; or
       ``(ii) an associate's degree in a related educational area; 
     and
       ``(C) who has demonstrated a high level of knowledge and 
     use of content and pedagogy in the relevant areas associated 
     with quality early childhood education.
       ``(8) Highly qualified.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `highly qualified' has the meaning given the term in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965.
       ``(B) Special education teachers.--When used with respect 
     to a special education teacher, the term `highly qualified' 
     has the meaning given the term in section 602 of the 
     Individuals with Disabilities Education Act.
       ``(9) Induction.--The term `induction' means a formalized 
     program designed to provide support for, improve the 
     professional performance of, and promote the retention in the 
     teaching field of, beginning teachers, and that--
       ``(A) shall include--
       ``(i) mentoring;
       ``(ii) structured collaboration time with teachers in the 
     same department or field;
       ``(iii) structured meeting time with administrators; and
       ``(iv) professional development activities; and
       ``(B) may include--
       ``(i) reduced teaching loads;
       ``(ii) support of a teaching aide;
       ``(iii) orientation seminars; and
       ``(iv) regular evaluation of the teacher inductee, the 
     mentors, and the overall formalized program.
       ``(10) Mentoring.--The term `mentoring' means a process by 
     which a teacher mentor who is an exemplary teacher, either 
     alone or in a team with faculty, provides active support for 
     prospective teachers and new teachers through a system for 
     integrating evidence-based practice, including rigorous, 
     supervised training in high-quality teaching settings. Such 
     support includes activities specifically designed to 
     promote--
       ``(A) knowledge of the scientific research on, and 
     assessment of, teaching and learning;
       ``(B) development of teaching skills and skills in 
     evidence-based educational interventions;
       ``(C) development of classroom management skills;
       ``(D) a positive role model relationship where academic 
     assistance and exposure to new experiences is provided; and
       ``(E) ongoing supervision and communication regarding the 
     prospective teacher's development of teaching skills and 
     continued support for the new teacher by the mentor, other 
     teachers, principals, and administrators.
       ``(11) Parent.--The term `parent' has the meaning given the 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965.
       ``(12) Parental involvement.--The term `parental 
     involvement' has the meaning given the term in section 9101 
     of the Elementary and Secondary Education Act of 1965.
       ``(13) 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.
       ``(14) Professional development.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `professional development' has the meaning given the 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965.
       ``(B) Early childhood education providers.--The term 
     `professional development' when used with respect to an early 
     childhood education provider means knowledge and skills in 
     all domains of child development (including cognitive, 
     social, emotional, physical, and approaches to learning) and 
     pedagogy of children from birth until entry into 
     kindergarten.
       ``(15) Teaching skills.--The term `teaching skills' means 
     skills--
       ``(A) grounded in the disciplines of teaching and learning 
     that teachers use to create effective instruction in subject 
     matter content and that lead to student achievement and the 
     ability to apply knowledge; and
       ``(B) that require an understanding of the learning process 
     itself, including an understanding of--
       ``(i) the use of teaching strategies specific to the 
     subject matter;
       ``(ii) the application of ongoing assessment of student 
     learning, particularly for evaluating instructional practices 
     and curriculum;
       ``(iii) ensuring successful learning for students with 
     individual differences in ability and instructional needs;
       ``(iv) effective classroom management; and
       ``(v) effective ways to communicate with, work with, and 
     involve parents in their children's education.''.

     SEC. 3. STATE GRANTS.

       Section 202 of the Higher Education Act of 1965 (20 U.S.C. 
     1022) is amended to read as follows:

     ``SEC. 202. STATE GRANTS.

       ``(a) In General.--From amounts made available under 
     section 211(1) for a fiscal year, the Secretary is authorized 
     to award grants under this section, on a competitive basis, 
     to eligible States to enable the eligible States to carry out 
     the activities described in subsection (d).
       ``(b) Eligible State.--
       ``(1) Definition.--In this part, the term `eligible State' 
     means--
       ``(A) a State educational agency; or
       ``(B) an entity or agency in the State responsible for 
     teacher certification and preparation activities.
       ``(2) Consultation.--The eligible State shall consult with 
     the Governor, State board of education, State educational 
     agency, State agency for higher education, State agency with 
     responsibility for child care, prekindergarten, or other 
     early childhood education programs, and other State entities 
     that provide professional development and teacher preparation 
     for teachers, as appropriate, with respect to the activities 
     assisted under this section.
       ``(3) Construction.--Nothing in this subsection shall be 
     construed to negate or supersede the legal authority under 
     State law of any State agency, State entity, or State public 
     official over programs that are under the jurisdiction of the 
     agency, entity, or official.
       ``(c) Application.--To be eligible to receive a grant under 
     this section, an eligible State shall, at the time of the 
     initial grant application, submit an application to the 
     Secretary that--
       ``(1) meets the requirements of this section and other 
     relevant requirements for States under this title;
       ``(2) describes how the eligible State intends to use funds 
     provided under this section in accordance with State-
     identified needs;
       ``(3) describes the eligible State's plan for continuing 
     the activities carried out with the grant once Federal 
     funding ceases;
       ``(4) describes how the eligible State will coordinate 
     activities authorized under this section with other Federal, 
     State, and local personnel preparation and professional 
     development programs; and
       ``(5) contains such other information and assurances as the 
     Secretary may require.
       ``(d) Uses of Funds.--An eligible State that receives a 
     grant under this section shall use the grant funds to reform 
     teacher preparation requirements, and to ensure that current 
     and future teachers are highly qualified and possess strong 
     teaching skills and knowledge to assess student academic 
     achievement, by carrying out 1 or more of the following 
     activities:
       ``(1) Reforms.--Implementing reforms that hold institutions 
     of higher education with teacher preparation programs 
     accountable for, and assist such programs in, preparing 
     teachers who have strong teaching skills and are highly 
     qualified or early childhood education providers who are 
     highly competent. Such reforms shall include--
       ``(A) State program approval requirements regarding 
     curriculum changes by teacher

[[Page 10530]]

     preparation programs that improve teaching skills based on 
     scientific knowledge--
       ``(i) about the disciplines of teaching and learning, 
     including effective ways to communicate with, work with, and 
     involve parents in their children's education; and
       ``(ii) about understanding and responding effectively to 
     students with special needs, including students with 
     disabilities, limited-English proficient students, students 
     with low literacy levels, and students with different 
     learning styles or other special learning needs;
       ``(B) State program approval requirements for teacher 
     preparation programs to have in place mechanisms to measure 
     and assess the effectiveness and impact of teacher 
     preparation programs, including on student achievement;
       ``(C) assurances from institutions that such institutions 
     have a program in place that provides a year-long clinical 
     experience for prospective teachers;
       ``(D) collecting and using data, in collaboration with 
     institutions of higher education, schools, and local 
     educational agencies, on teacher retention rates, by school, 
     to evaluate and strengthen the effectiveness of the State's 
     teacher support system; and
       ``(E) developing methods and building capacity for teacher 
     preparation programs to assess the retention rates of the 
     programs' graduates and to use such information for 
     continuous program improvement.
       ``(2) Certification or licensure requirements.--Ensuring 
     the State's teacher certification or licensure requirements 
     are rigorous so that teachers have strong teaching skills and 
     are highly qualified.
       ``(3) Alternative routes to state certification.--Carrying 
     out programs that provide prospective teachers with high-
     quality alternative routes to traditional preparation for 
     teaching and to State certification for well-prepared and 
     qualified prospective teachers, including--
       ``(A) programs at schools or departments of arts and 
     sciences, schools or departments of education within 
     institutions of higher education, or at nonprofit educational 
     organizations with expertise in producing highly qualified 
     teachers that include instruction in teaching skills;
       ``(B) a selective means for admitting individuals into such 
     programs;
       ``(C) providing intensive support, including induction, 
     during the initial teaching experience;
       ``(D) establishing, expanding, or improving alternative 
     routes to State certification of teachers for qualified 
     individuals, including mid-career professionals from other 
     occupations, paraprofessionals, former military personnel and 
     recent college graduates with records of academic 
     distinction, that have a proven record of effectiveness and 
     that ensure that current and future teachers possess strong 
     teaching skills and are highly qualified; and
       ``(E) providing support in the disciplines of teaching and 
     learning to ensure that prospective teachers--
       ``(i) have an understanding of evidence-based effective 
     teaching practices;
       ``(ii) have knowledge of student learning methods; and
       ``(iii) possess strong teaching skills, including effective 
     ways to communicate with, work with, and involve parents in 
     their children's education.
       ``(4) State certification reciprocity.--Establishing and 
     promoting reciprocity of certification or licensing between 
     or among States for general and special education teachers 
     and principals, except that no reciprocity agreement 
     developed pursuant to this paragraph or developed using funds 
     provided under this part may lead to the weakening of any 
     State certification or licensing requirement that is shown 
     through evidence-based research to ensure teacher and 
     principal quality and student achievement.
       ``(5) Recruitment and retention.--Developing and 
     implementing effective mechanisms to ensure that local 
     educational agencies, schools, and early childhood program 
     providers are able to effectively recruit and retain highly 
     qualified teachers, highly competent early childhood 
     education providers, and principals, and provide access to 
     ongoing professional development opportunities for teachers, 
     early childhood education providers, and principals, 
     including activities described in subsections (d) and (e) of 
     section 204.
       ``(6) Social promotion.--Development and implementation of 
     efforts to address the problem of social promotion and to 
     prepare teachers, principals, administrators, and parents to 
     effectively address the issues raised by ending the practice 
     of social promotion.''.

     SEC. 4. PARTNERSHIP GRANTS.

       Section 203 of the Higher Education Act of 1965 (20 U.S.C. 
     1023) is amended to read as follows:

     ``SEC. 203. PARTNERSHIP GRANTS.

       ``(a) Grants.--From amounts made available under section 
     211(2) for a fiscal year, the Secretary is authorized to 
     award grants under this section, on a competitive basis, to 
     eligible partnerships to enable the eligible partnerships to 
     carry out the activities described in subsections (d) and 
     (e).
       ``(b) Definitions.--
       ``(1) Eligible partnership.--In this part, the term 
     `eligible partnership' means an entity that--
       ``(A) shall include--
       ``(i) a partner institution;
       ``(ii) a school or department of arts and sciences within 
     the partner institution under clause (i);
       ``(iii) a school or department of education within the 
     partner institution under clause (i);
       ``(iv)(I) a department of psychology within the partner 
     institution under clause (i);
       ``(II) a department of human development within the partner 
     institution under clause (i); or
       ``(III) a department with comparable expertise in the 
     disciplines of teaching, learning, and child and adolescent 
     development within the partner institution under clause (i);
       ``(v) a high-need local educational agency; and
       ``(vi)(I) a high-need school served by the high-need local 
     educational agency under clause (v); or
       ``(II) a consortium of schools of the high-need local 
     educational agency under clause (v); and
       ``(B) may include a Governor, State educational agency, the 
     State board of education, the State agency for higher 
     education, an institution of higher education not described 
     in subparagraph (A) (including a community college), a public 
     charter school, other public elementary school or secondary 
     school, a combination or network of urban, suburban, or rural 
     schools, a public or private nonprofit educational 
     organization, a business, a teacher organization, or an early 
     childhood education program.
       ``(2) Partner institution.--In this section, the term 
     `partner institution' means a private independent or State-
     supported public institution of higher education, or a 
     consortium of such institutions, that has not been designated 
     under section 208(a) and the teacher preparation program of 
     which demonstrates that--
       ``(A) graduates from the teacher preparation program who 
     intend to enter the field of teaching exhibit strong 
     performance on State-determined qualifying assessments and 
     are highly qualified; or
       ``(B) the teacher preparation program requires all the 
     students of the program to participate in intensive clinical 
     experience, to meet high academic standards, to possess 
     strong teaching skills, and--
       ``(i) in the case of prospective elementary school and 
     secondary school teachers, to become highly qualified; and
       ``(ii) in the case of prospective early childhood education 
     providers, to become highly competent.
       ``(c) Application.--Each eligible partnership desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. Each such 
     application shall--
       ``(1) contain a needs assessment of all the partners with 
     respect to the preparation, ongoing training, and 
     professional development of early childhood education 
     providers, general and special education teachers, and 
     principals, the extent to which the program prepares new 
     teachers with strong teaching skills, a description of how 
     the partnership will coordinate strategies and activities 
     with other teacher preparation or professional development 
     programs, and how the activities of the partnership will be 
     consistent with State, local, and other education reform 
     activities that promote student achievement and parental 
     involvement;
       ``(2) contain a resource assessment that describes the 
     resources available to the partnership, including the 
     integration of funds from other related sources, the intended 
     use of the grant funds, including a description of how the 
     grant funds will be fairly distributed in accordance with 
     subsection (f), and the commitment of the resources of the 
     partnership to the activities assisted under this part, 
     including financial support, faculty participation, time 
     commitments, and continuation of the activities when the 
     grant ends;
       ``(3) contain a description of--
       ``(A) how the partnership will meet the purposes of this 
     part, in accordance with the needs assessment required under 
     paragraph (1);
       ``(B) how the partnership will carry out the activities 
     required under subsection (d) and any permissible activities 
     under subsection (e) based on the needs identified in 
     paragraph (1) with the goal of improving student achievement;
       ``(C) the partnership's evaluation plan pursuant to section 
     206(b);
       ``(D) how faculty at the partner institution will work 
     with, over the term of the grant, principals and teachers in 
     the classrooms of the high-need local educational agency 
     included in the partnership;
       ``(E) how the partnership will enhance the instructional 
     leadership and management skills of principals and provide 
     effective support for principals, including new principals;
       ``(F) how the partnership will design, implement, or 
     enhance a year-long, rigorous, and enriching preservice 
     clinical program component;
       ``(G) the in-service professional development strategies 
     and activities to be supported; and
       ``(H) how the partnership will collect, analyze, and use 
     data on the retention of all

[[Page 10531]]

     teachers, early childhood education providers, or principals 
     in schools located in the geographic areas served by the 
     partnership to evaluate the effectiveness of its educator 
     support system;
       ``(4) contain a certification from the partnership that it 
     has reviewed the application and determined that the grant 
     proposed will comply with subsection (f);
       ``(5) include, for the residency program described in 
     subsection (d)(3)--
       ``(A) a demonstration that the schools and departments 
     within the institution of higher education that are part of 
     the residency program have relevant and essential roles in 
     the effective preparation of teachers, including content 
     expertise and expertise in the science of teaching and 
     learning;
       ``(B) a demonstration of capability and commitment to 
     evidence-based teaching and accessibility to, and involvement 
     of, faculty documented by professional development offered to 
     staff and documented experience with university 
     collaborations;
       ``(C) a description of how the residency program will 
     design and implement an induction period to support all new 
     teachers through not less than the first 2 years of teaching 
     in the further development of their teaching skills, 
     including use of mentors who are trained and compensated by 
     such program for their work with new teachers; and
       ``(D) a description of how faculty involved in the 
     residency program will be able to substantially participate 
     in an early childhood education program or an elementary or 
     secondary classroom setting, including release time and 
     receiving workload credit for their participation; and
       ``(6) include an assurance that the partnership has 
     mechanisms in place to measure and assess the effectiveness 
     and impact of the activities to be undertaken, including on 
     student achievement.
       ``(d) Required Uses of Funds.--An eligible partnership that 
     receives a grant under this section shall use the grant funds 
     to carry out the following activities, as applicable to 
     teachers, early childhood education providers, or principals, 
     in accordance with the needs assessment required under 
     subsection (c)(1):
       ``(1) Reforms.--Implementing reforms within teacher 
     preparation programs, where needed, to hold the programs 
     accountable for preparing teachers who are highly qualified 
     or early childhood education providers who are highly 
     competent and for promoting strong teaching skills, including 
     integrating reliable evidence-based teaching methods into the 
     curriculum, which curriculum shall include parental 
     involvement training and programs designed to successfully 
     integrate technology into teaching and learning. Such reforms 
     shall include--
       ``(A) teacher preparation program curriculum changes that 
     improve, and assess how well all new teachers develop, 
     teaching skills;
       ``(B) use of scientific knowledge about the disciplines of 
     teaching and learning so that all prospective teachers--
       ``(i) understand evidence-based teaching practices;
       ``(ii) have knowledge of student learning methods; and
       ``(iii) possess teaching skills that enable them to meet 
     the learning needs of all students;
       ``(C) assurances that all teachers have a sufficient base 
     of scientific knowledge to understand and respond effectively 
     to students with special needs, such as providing instruction 
     to diverse student populations, including students with 
     disabilities, limited-English proficient students, students 
     with low literacy levels, and students with different 
     learning styles or other special learning needs;
       ``(D) assurances that the most recent scientifically based 
     research, including research relevant to particular fields of 
     teaching, is incorporated into professional development 
     activities used by faculty; and
       ``(E) working with and involving parents in their 
     children's education to improve the academic achievement of 
     their children and in the teacher preparation program reform 
     process.
       ``(2) Clinical experience and interaction.--Developing and 
     providing sustained and high-quality preservice clinical 
     education programs to further develop the teaching skills of 
     all general education teachers and special education 
     teachers, at schools within the partnership, at the school or 
     department of education within the partner institution, or at 
     evidence-based practice school settings. Such programs 
     shall--
       ``(A) incorporate a year-long, rigorous, and enriching 
     activity or combination of activities, including--
       ``(i) clinical learning opportunities;
       ``(ii) field experiences; and
       ``(iii) supervised practice; and
       ``(B) be offered over the course of a program of 
     preparation and coursework (that may be developed as a 5th 
     year of a teacher preparation program) for prospective 
     general and special education teachers, including mentoring 
     in instructional skills, classroom management skills, 
     collaboration skills, and strategies to effectively assess 
     student progress and achievement, and substantially 
     increasing closely supervised interaction between faculty and 
     new and experienced teachers, principals, and other 
     administrators at early childhood education programs, 
     elementary schools, or secondary schools, and providing 
     support, including preparation time and release time, for 
     such interaction.
       ``(3) Residency programs for new teachers.--Creating a 
     residency program that provides an induction period for all 
     new general education and special education teachers for not 
     less than such teachers' first 2 years. Such program shall 
     promote the integration of the science of teaching and 
     learning in the classroom, provide high-quality induction 
     opportunities (including mentoring), provide opportunities 
     for the dissemination of evidence-based research on 
     educational practices, and provide for opportunities to 
     engage in professional development activities offered through 
     professional associations of educators. Such program shall 
     draw directly upon the expertise of teacher mentors, faculty, 
     and researchers that involves their active support in 
     providing a setting for integrating evidence-based practice 
     for prospective teachers, including rigorous, supervised 
     training in high-quality teaching settings that promotes the 
     following:
       ``(A) Knowledge of the scientific research on teaching and 
     learning.
       ``(B) Development of skills in evidence-based educational 
     interventions.
       ``(C) Faculty who model the integration of research and 
     practice in the classroom, and the effective use and 
     integration of technology.
       ``(D) Interdisciplinary collaboration among exemplary 
     teachers, faculty, researchers, and other staff who prepare 
     new teachers on the learning process and the assessment of 
     learning.
       ``(E) A forum for information sharing among prospective 
     teachers, teachers, principals, administrators, and 
     participating faculty in the partner institution.
       ``(F) Application of scientifically based research on 
     teaching and learning generated by entities such as the 
     Institute of Education Sciences and by the National Research 
     Council.
       ``(4) Professional development.--Creating opportunities for 
     enhanced and ongoing professional development for experienced 
     general education and special education teachers, early 
     childhood education providers, principals, administrators, 
     and faculty that--
       ``(A) improves the academic content knowledge, as well as 
     knowledge to assess student academic achievement and how to 
     use the results of such assessments to improve instruction, 
     of teachers in the subject matter or academic content areas 
     in which the teachers are certified to teach or in which the 
     teachers are working toward certification to teach;
       ``(B) promotes strong teaching skills and an understanding 
     of how to apply scientific knowledge about teaching and 
     learning to their teaching practice and to their ongoing 
     classroom assessment of students;
       ``(C) provides mentoring, team teaching, reduced class 
     schedules, and intensive professional development;
       ``(D) encourages and supports training of teachers, 
     principals, and administrators to effectively use and 
     integrate technology--
       ``(i) into curricula and instruction, including training to 
     improve the ability to collect, manage, and analyze data to 
     improve teaching, decisionmaking, school improvement efforts, 
     and accountability; and
       ``(ii) to enhance learning by children, including students 
     with disabilities, limited-English proficient students, 
     students with low literacy levels, and students with 
     different learning styles or other special learning needs;
       ``(E) offers teachers, principals, and administrators 
     training on how to effectively communicate with, work with, 
     and involve parents in their children's education;
       ``(F) creates an ongoing retraining loop for experienced 
     teachers, principals, and administrators, whereby the 
     residency program activities and practices--
       ``(i) inform the research of faculty and other researchers; 
     and
       ``(ii) translate evidence-based research findings into 
     improved practice techniques and improved teacher preparation 
     programs; and
       ``(G) includes the rotation, for varying periods of time, 
     of experienced teachers--
       ``(i) who are associated with the partnership to early 
     childhood education programs, elementary schools, or 
     secondary schools not associated with the partnership in 
     order to enable such experienced teachers to act as a 
     resource for all teachers in the local educational agency or 
     State; and
       ``(ii) who are not associated with the partnership to early 
     childhood education programs, elementary schools, or 
     secondary schools associated with the partnership in order to 
     enable such experienced teachers to observe how teaching and 
     professional development occurs in the partnership.
       ``(5) Support and training for participants.--Providing 
     support and training for those individuals participating in 
     the required activities under paragraphs (1) through (4) who 
     serve as role models or mentors for prospective, new, and 
     experienced teachers, based on such individuals' experience. 
     Such support--

[[Page 10532]]

       ``(A) also may be provided to the preservice clinical 
     experience participants, as appropriate; and
       ``(B) may include--
       ``(i) release time for such individual's participation;
       ``(ii) receiving course workload credit and compensation 
     for time teaching in the partnership activities; and
       ``(iii) stipends.
       ``(6) Leadership and managerial skills.--
       ``(A) In general.--Developing and implementing proven 
     mechanisms to provide principals, superintendents, early 
     childhood education program directors, and administrators 
     (and mentor teachers, as practicable) with--
       ``(i) an understanding of the skills and behaviors that 
     contribute to effective instructional leadership and the 
     maintenance of a safe and effective learning environment;
       ``(ii) teaching and assessment skills needed to support 
     successful classroom teaching;
       ``(iii) an understanding of how students learn and develop 
     in order to increase achievement for all students; and
       ``(iv) the skills to effectively involve parents.
       ``(B) Mechanisms.--The mechanisms developed and implemented 
     pursuant to subparagraph (A) may include any of the 
     following:
       ``(i) Mentoring of new principals.
       ``(ii) Field-based experiences, supervised practica, or 
     internship opportunities.
       ``(iii) Other activities to expand the knowledge base and 
     practical skills of principals, superintendents, early 
     childhood education program directors, and administrators 
     (and mentor teachers, as practicable).
       ``(e) Allowable Uses of Funds.--An eligible partnership 
     that receives a grant under this section may use such funds 
     to carry out the following activities:
       ``(1) Dissemination and coordination.--Broadly 
     disseminating information on effective practices used by the 
     partnership, including teaching strategies and interactive 
     materials for developing skills in classroom management and 
     assessment and how to respond to individual student needs, 
     abilities, and backgrounds, to early childhood education 
     providers and teachers in elementary schools or secondary 
     schools that are not associated with the partnership. 
     Coordinating with the activities of the Governor, State board 
     of education, State higher education agency, and State 
     educational agency, as appropriate.
       ``(2) Curriculum preparation.--Supporting preparation time 
     for early childhood education providers, teachers in 
     elementary schools or secondary schools, and faculty to 
     jointly design and implement teacher preparation curricula, 
     classroom experiences, and ongoing professional development 
     opportunities that promote the acquisition and continued 
     growth of teaching skills.
       ``(3) Communication skills.--Developing strategies and 
     curriculum-based professional development activities to 
     enhance prospective teachers' communication skills with 
     students, parents, colleagues, and other education 
     professionals.
       ``(4) Coordination with other institutions of higher 
     education.--Coordinating with other institutions of higher 
     education, including community colleges, to implement teacher 
     preparation programs that support prospective teachers in 
     obtaining baccalaureate degrees and State certification or 
     licensure.
       ``(5) Teacher recruitment.--Activities described in 
     subsections (d) and (e) of section 204.
       ``(6) Program improvement.--Developing, for teacher 
     preparation program improvement purposes, methods and 
     infrastructure to assess retention rates in the teaching 
     field of teacher preparation program graduates and the 
     achievement outcomes of such graduates' students.
       ``(f) Special Rule.--No individual member of an eligible 
     partnership shall retain more than 50 percent of the funds 
     made available to the partnership under this section.
       ``(g) Construction.--Nothing in this section shall be 
     construed to prohibit an eligible partnership from using 
     grant funds to coordinate with the activities of more than 1 
     Governor, State board of education, State educational agency, 
     local educational agency, or State agency for higher 
     education.''.

     SEC. 5. RECRUITMENT GRANTS.

       Section 204 of the Higher Education Act of 1965 (20 U.S.C. 
     1024) is amended to read as follows:

     ``SEC. 204. RECRUITMENT GRANTS.

       ``(a) Program Authorized.--From amounts made available 
     under section 211(3) for a fiscal year, the Secretary is 
     authorized to award grants, on a competitive basis, to 
     eligible applicants to enable the eligible applicants to 
     carry out activities described in subsections (d) and (e).
       ``(b) Eligible Applicant Defined.--In this part, the term 
     `eligible applicant' means--
       ``(1) an eligible State described in section 202(b) that 
     has--
       ``(A) high teacher shortages or annual turnover rates; or
       ``(B) high teacher shortages or annual turnover rates of 20 
     percent or more in high-need local educational agencies; or
       ``(2) an eligible partnership described in section 203(b) 
     that--
       ``(A) serves not less than 1 high-need local educational 
     agency with high teacher shortages or annual turnover rates 
     of 20 percent or more;
       ``(B) serves schools that demonstrate great difficulty 
     meeting State challenging academic content standards; or
       ``(C) demonstrates great difficulty meeting the requirement 
     that teachers be highly qualified.
       ``(c) Application.--Any eligible applicant desiring to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time, in such form, and 
     containing such information as the Secretary may require, 
     including--
       ``(1) a description of the assessment that the eligible 
     applicant, and the other entities with whom the eligible 
     applicant will carry out the grant activities, have 
     undertaken to determine the most critical needs of the 
     participating high-need local educational agencies;
       ``(2) a description of how the eligible applicant will 
     recruit and retain highly qualified teachers or other 
     qualified individuals, including principals and early 
     childhood education providers, or both, who are enrolled in, 
     accepted to, or plan to participate in teacher preparation 
     programs or professional development activities, as described 
     under section 203, in geographic areas of greatest need, 
     including data on the retention rate, by school, of all 
     teachers in schools located within the geographic areas 
     served by the eligible applicant;
       ``(3) a description of the activities the eligible 
     applicant will carry out with the grant; and
       ``(4) a description of the eligible applicant's plan for 
     continuing the activities carried out with the grant once 
     Federal funding ceases.
       ``(d) Required Uses of Funds.--An eligible applicant 
     receiving a grant under this section shall use the grant 
     funds--
       ``(1)(A) to award scholarships to help students pay the 
     costs of tuition, room, board, and other expenses of 
     completing a teacher preparation program;
       ``(B) to provide support services, if needed, to enable 
     scholarship recipients to complete postsecondary education 
     programs;
       ``(C) for followup services (including induction 
     opportunities, mentoring, and professional development 
     activities) provided to former scholarship recipients during 
     not less than the recipients' first 2 years of teaching; and
       ``(D) in the case where the eligible applicant also 
     receives a grant under section 203, for support and training 
     for mentor teachers who participate in the residency program; 
     or
       ``(2) to develop and implement effective mechanisms, 
     including a professional development system and career 
     ladders, to ensure that high-need local educational agencies, 
     high-need schools, and early childhood education programs are 
     able to effectively recruit and retain highly competent early 
     childhood education providers, highly qualified teachers, and 
     principals.
       ``(e) Allowable Use of Funds.--An eligible applicant 
     receiving a grant under this section may use the grant funds 
     to carry out the following:
       ``(1) Outreach.--Conducting outreach and coordinating with 
     urban and rural secondary schools to encourage students to 
     pursue teaching as a career.
       ``(2) Early childhood education compensation.--For eligible 
     applicants focusing on early childhood education, 
     implementing initiatives that increase compensation of early 
     childhood education providers who attain degrees in early 
     childhood education.
       ``(3) Program improvement.--Developing, for teacher 
     preparation program improvement purposes, methods and 
     infrastructure to assess retention rates in the teaching 
     field of teacher preparation program graduates and the 
     achievement outcomes of such graduates' students.
       ``(f) Service Requirements.--The Secretary shall establish 
     such requirements as the Secretary finds necessary to ensure 
     that recipients of scholarships under this section who 
     complete teacher education programs subsequently teach in a 
     high-need local educational agency, for a period of time 
     equivalent to the period for which the recipients receive 
     scholarship assistance, or repay the amount of the 
     scholarship. The Secretary shall use any such repayments to 
     carry out additional activities under this section.''.

     SEC. 6. ADMINISTRATIVE PROVISIONS.

       Section 205 of the Higher Education Act of 1965 (20 U.S.C. 
     1025) is amended--
       (1) in subsection (a)--
       (A) in the heading, by striking ``ONE-TIME AWARDS;'';
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2);
       (2) in subsection (b)--
       (A) by redesignating paragraph (3) as paragraph (4);
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Composition of panel.--The peer review panel shall be 
     composed of experts who are competent, by virtue of their 
     training, expertise, or experience, to evaluate applications 
     for grants under this part. A majority of the panel shall be 
     composed of individuals who are not employees of the Federal 
     Government.'';

[[Page 10533]]

       (C) by inserting after paragraph (2) the following:
       ``(3) Evaluation and priority.--The peer review panel shall 
     evaluate the applicants' proposals to improve the current and 
     future teaching force through program and certification 
     reforms, teacher preparation program activities (including 
     implementation and assessment strategies), and professional 
     development activities described in sections 202, 203, and 
     204, as appropriate. In recommending applications to the 
     Secretary for funding under this part, the peer review panel 
     shall--
       ``(A) with respect to grants under section 202, give 
     priority to eligible States that--
       ``(i) have initiatives to reform State program approval 
     requirements for teacher preparation programs that are 
     designed to ensure that current and future teachers are 
     highly qualified and possess strong teaching skills, 
     knowledge to assess student academic achievement, and the 
     ability to use this information in such teachers' classroom 
     instruction;
       ``(ii) include innovative reforms to hold institutions of 
     higher education with teacher preparation programs 
     accountable for preparing teachers who are highly qualified 
     and have strong teaching skills; or
       ``(iii) involve the development of innovative efforts aimed 
     at reducing the shortage of--

       ``(I) highly qualified teachers in high-poverty urban and 
     rural areas; and
       ``(II) highly qualified teachers in fields with 
     persistently high teacher shortages, including special 
     education;

       ``(B) with respect to grants under section 203--
       ``(i) give priority to applications from eligible 
     partnerships that involve broad participation within the 
     community, including businesses; and
       ``(ii) take into consideration--

       ``(I) providing an equitable geographic distribution of the 
     grants throughout the United States; and
       ``(II) the potential of the proposed activities for 
     creating improvement and positive change; and

       ``(C) with respect to grants under section 204, give 
     priority to eligible applicants that have in place, or in 
     progress, articulation agreements between 2- and 4-year 
     public and private institutions of higher education and 
     nonprofit providers of professional development with 
     demonstrated experience in professional development 
     activities.''; and
       (D) by adding at the end the following:
       ``(5) Payment of fees and expenses of certain members.--The 
     Secretary may use available funds appropriated to carry out 
     this part to pay the expenses and fees of peer review panel 
     members who are not employees of the Federal Government.''; 
     and
       (3) by striking subsection (e) and inserting the following:
       ``(e) Technical Assistance.--For each fiscal year, the 
     Secretary may expend not more than $500,000 or 0.75 percent 
     of the funds appropriated to carry out this title for such 
     fiscal year, whichever amount is greater, to provide 
     technical assistance to States and partnerships receiving 
     grants under this part.''.

     SEC. 7. ACCOUNTABILITY AND EVALUATION.

       Section 206 of the Higher Education Act of 1965 (20 U.S.C. 
     1026) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``Committee on Labor and Human Resources'' 
     and inserting ``Committee on Health, Education, Labor, and 
     Pensions''; and
       (ii) by striking ``Committee on Education and the 
     Workforce'' and inserting ``Committee on Education and 
     Labor'';
       (B) in paragraph (2), by striking ``, including,'' and all 
     that follows through the period and inserting ``as a highly 
     qualified teacher.'';
       (C) in paragraph (3)--
       (i) by striking ``highly''; and
       (ii) by striking the period at the end and inserting ``that 
     meet the same standards and criteria of State certification 
     or licensure programs.'';
       (D) by striking paragraph (4) and inserting the following:
       ``(4) Teacher and provider qualifications.--
       ``(A) Elementary and secondary school classes.--Increasing 
     the percentage of elementary school and secondary school 
     classes taught by teachers--
       ``(i) who have strong teaching skills and are highly 
     qualified;
       ``(ii) who have completed preparation programs that provide 
     such teachers with the scientific knowledge about the 
     disciplines of teaching, learning, and child and adolescent 
     development so the teachers understand and use evidence-based 
     teaching skills to meet the learning needs of all students; 
     or
       ``(iii) who have completed a residency program through not 
     less than their first 2 years of teaching that includes 
     mentoring by faculty who are trained and compensated for 
     their work with new teachers.
       ``(B) Early childhood education programs.--Increasing the 
     percentage of classrooms in early childhood education 
     programs taught by providers who are highly competent.'';
       (E) by striking paragraph (5) and inserting the following:
       ``(5) Decreasing shortages.--Decreasing shortages of--
       ``(A) qualified teachers and principals in poor urban and 
     rural areas; and
       ``(B) qualified teachers in fields with persistently high 
     teacher shortages, including special education.''; and
       (F) by striking paragraph (6) and inserting the following:
       ``(6) Increasing opportunities for professional 
     development.--Increasing opportunities for enhanced and 
     ongoing professional development that--
       ``(A) improves--
       ``(i) the knowledge and skills of early childhood education 
     providers;
       ``(ii) the knowledge of teachers in special education;
       ``(iii) the knowledge of general education teachers, 
     principals, and administrators about special education 
     content and instructional practices;
       ``(iv) the knowledge and skills to assess student academic 
     achievement and use the results of such assessments to 
     improve instruction;
       ``(v) the knowledge of subject matter or academic content 
     areas--

       ``(I) in which the teachers are certified or licensed to 
     teach; or
       ``(II) in which the teachers are working toward 
     certification or licensure to teach; or

       ``(vi) the knowledge and skills to effectively communicate 
     with, work with, and involve parents in their children's 
     education;
       ``(B) promotes strong teaching skills and an understanding 
     of how to apply scientific knowledge about teaching and 
     learning to teachers' teaching practice and to teachers' 
     ongoing classroom assessment of students; and
       ``(C) provides enhanced instructional leadership and 
     management skills for principals.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``for'' and inserting ``for teachers, early childhood 
     education providers, or principals, as appropriate, according 
     to the needs assessment required under section 203(c)(1), 
     for''; and
       (B) by striking paragraphs (1) through (6) and inserting 
     the following:
       ``(1) increased demonstration by program graduates of 
     teaching skills grounded in scientific knowledge about the 
     disciplines of teaching and learning;
       ``(2) increased student achievement for all students as 
     measured by the partnership, including mechanisms to measure 
     student achievement due to the specific activities conducted 
     by the partnership;
       ``(3) increased teacher retention in the first 3 years of a 
     teacher's career based, in part, on teacher retention data 
     collected as described in section 203(c)(3)(H);
       ``(4) increased success in the pass rate for initial State 
     certification or licensure of teachers;
       ``(5) increased percentage of elementary school and 
     secondary school classes taught by teachers who are highly 
     qualified;
       ``(6) increased percentage of early childhood education 
     program classes taught by providers who are highly competent;
       ``(7) increased percentage of early childhood education 
     programs and elementary school and secondary school classes 
     taught by providers and teachers who demonstrate clinical 
     judgment, communication, and problem-solving skills resulting 
     from participation in a residency program;
       ``(8) increased percentage of highly qualified special 
     education teachers;
       ``(9) increased number of general education teachers 
     trained in working with students with disabilities, limited-
     English proficient students, and students with different 
     learning styles or other special learning needs;
       ``(10) increased number of teachers trained in technology; 
     and
       ``(11) increased number of teachers, early childhood 
     education providers, or principals prepared to work 
     effectively with parents.''; and
       (3) in subsection (d)--
       (A) by inserting ``, with particular attention to the 
     reports and evaluations provided by the eligible States and 
     eligible partnerships pursuant to this section,'' after 
     ``funded under this part'';
       (B) by striking ``Committee on Labor and Human Resources'' 
     and inserting ``Committee on Health, Education, Labor, and 
     Pensions''; and
       (C) by striking ``Committee on Education and the 
     Workforce'' and inserting ``Committee on Education and 
     Labor''.

     SEC. 8. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.

       Section 207 of the Higher Education Act of 1965 (20 U.S.C. 
     1027) is amended--
       (1) by striking subsection (a);
       (2) by redesignating subsections (b) through (f) as 
     subsections (a) through (e), respectively;
       (3) in subsection (a), as redesignated by paragraph (2)--
       (A) in the matter preceding paragraph (1), by striking ``, 
     within 2 years'' and all that follows through ``the 
     following'' and inserting ``, on an annual basis and in a 
     uniform and comprehensible manner that conforms with the 
     definitions and reporting methods previously developed for 
     teacher preparation

[[Page 10534]]

     programs by the Commissioner for Education Statistics, a 
     State report card on the quality of teacher preparation in 
     the State, which shall include not less than the following'';
       (B) in paragraph (4)--
       (i) by striking ``teaching candidates'' and inserting 
     ``prospective teachers''; and
       (ii) by striking ``candidate'' and inserting ``prospective 
     teacher'';
       (C) in paragraph (5)--
       (i) by striking ``teaching candidates'' and inserting 
     ``prospective teachers'';
       (ii) by striking ``teacher candidate'' and inserting 
     ``prospective teacher''; and
       (iii) by striking ``candidate's'' and inserting 
     ``teacher's'';
       (D) in paragraph (7), by inserting ``how the State has 
     ensured that the alternative certification routes meet the 
     same State standards and criteria for teacher certification 
     or licensure,'' after ``if any,''; and
       (E) in paragraph (8)--
       (i) by striking ``teacher candidate'' and inserting 
     ``prospective teacher''; and
       (ii) by inserting ``(including the ability to provide 
     instruction to diverse student populations (including 
     students with disabilities, limited-English proficient 
     students, and students with different learning styles or 
     other special learning needs) and the ability to effectively 
     communicate with, work with, and involve parents in their 
     children's education)'' after ``skills'';
       (F) by adding at the end the following:
       ``(10) Information on the extent to which teachers or 
     prospective teachers in each State are prepared to work in 
     partnership with parents and involve parents in their 
     children's education.'';
       (4) in subsection (b)(1), as redesignated by paragraph 
     (2)--
       (A) by striking ``not later than 6 months of the date of 
     enactment of the Higher Education Amendments of 1998 and'';
       (B) by striking ``subsection (b)'' and inserting 
     ``subsection (a)'';
       (C) by striking ``Committee on Labor and Human Resources'' 
     and inserting ``Committee on Health, Education, Labor, and 
     Pensions'';
       (D) by striking ``Committee on Education and the 
     Workforce'' and inserting ``Committee on Education and 
     Labor''; and
       (E) by striking ``not later than 9 months after the date of 
     enactment of the Higher Education Amendments of 1998'';
       (5) in subsection (c)(1), as redesignated by paragraph 
     (2)--
       (A) by striking ``(9) of subsection (b)'' and inserting 
     ``(10) of subsection (a)''; and
       (B) by striking ``and made available not later than 2 years 
     6 months after the date of enactment of the Higher Education 
     Amendments of 1998 and annually thereafter'' and inserting 
     ``, and made available annually''; and
       (6) in subsection (e)(1), as redesignated by paragraph 
     (2)--
       (A) by striking ``not later than 18 months after the date 
     of enactment of the Higher Education Amendments of 1998 and 
     annually thereafter, shall report'' and inserting ``shall 
     report annually''; and
       (B) by striking ``methods established under subsection 
     (a)'' and inserting ``reporting methods developed for teacher 
     preparation programs''.

     SEC. 9. STATE FUNCTIONS.

       Section 208 of the Higher Education Act of 1965 (20 U.S.C. 
     1028) is amended--
       (1) in subsection (a)--
       (A) by striking ``, not later than 2 years after the date 
     of enactment of the Higher Education Amendments of 1998,'';
       (B) by inserting ``and within entities providing 
     alternative routes to teacher preparation'' after 
     ``institutions of higher education'';
       (C) by inserting ``and entities'' after ``low-performing 
     institutions'';
       (D) by inserting ``and entities'' after ``those 
     institutions''; and
       (E) by striking ``207(b)'' and inserting ``207(a)'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Teacher Quality Plan.--In order to receive funds 
     under this Act, a State shall submit a State teacher quality 
     plan that--
       ``(1) details how such funds will ensure that all teachers 
     are highly qualified; and
       ``(2) indicates whether each teacher preparation program in 
     the State that has not been designated as low-performing 
     under subsection (a) is of sufficient quality to meet all 
     State standards and produce highly qualified teachers with 
     the teaching skills needed to teach effectively in the 
     schools of the State.'';
       (4) in subsection (c), as redesignated by paragraph (2)--
       (A) in paragraph (1), by striking ``of Education''; and
       (B) in paragraph (2), by striking ``of this Act''; and
       (5) in subsection (d), as redesignated by paragraph (2), by 
     striking ``subsection (b)(2)'' and inserting ``subsection 
     (c)(2)''.

     SEC. 10. ACADEMIES FOR FACULTY EXCELLENCE.

       Part A of title II of the Higher Education Act of 1965 (20 
     U.S.C. 1021 et seq.) is amended--
       (1) by redesignating section 210 as section 211; and
       (2) by inserting after section 209 the following:

     ``SEC. 210. ACADEMIES FOR FACULTY EXCELLENCE.

       ``(a) Program Authorized.--From amounts made available 
     under subsection (e), the Secretary is authorized to award 
     grants to eligible entities to enable such entities to create 
     Academies for Faculty Excellence.
       ``(b) Eligible Entity.--In this section:
       ``(1) In general.--The term `eligible entity' means a 
     consortium composed of institutions of higher education 
     that--
       ``(A) award doctoral degrees in education; and
       ``(B) are partner institutions (as such term is defined in 
     section 203).
       ``(2) Inclusions.--The term `eligible entity' may include 
     the following:
       ``(A) Institutions of higher education that--
       ``(i) do not award doctoral degrees in education; and
       ``(ii) are partner institutions (as such term is defined in 
     section 203).
       ``(B) Nonprofit entities with expertise in preparing highly 
     qualified teachers.
       ``(c) Application.--An eligible entity desiring to receive 
     a grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require, including--
       ``(1) a description of how the eligible entity will provide 
     professional development that is grounded in scientifically 
     based research to faculty;
       ``(2) evidence that the eligible entity is well versed in 
     current scientifically based research related to teaching and 
     learning across content areas and fields;
       ``(3) a description of the assessment that the eligible 
     entity will undertake to determine the most critical needs of 
     the faculty who will be served by the Academies for Faculty 
     Excellence; and
       ``(4) a description of the activities the eligible entity 
     will carry out with grant funds received under this section, 
     how the entity will include faculty in the activities, and 
     how the entity will conduct these activities in collaboration 
     with programs and projects that receive Federal funds from 
     the Institute of Education Sciences.
       ``(d) Required Use of Funds.--Each eligible entity that 
     receives a grant under this section shall use the grant funds 
     to enhance the caliber of teaching undertaken in preparation 
     programs for teachers, early childhood education providers, 
     and principals and other administrators through the 
     establishment and maintenance of a postdoctoral system of 
     professional development by carrying out the following:
       ``(1) Recruitment.--Recruit a faculty of experts who are 
     knowledgeable about scientifically based research related to 
     teaching and learning, who have direct experience working 
     with teachers and students in school settings, who are 
     capable of implementing scientifically based research to 
     improve teaching practice and student achievement in school 
     settings, and who are capable of providing professional 
     development to faculty and others responsible for preparing 
     teachers, early childhood education providers, principals, 
     and administrators.
       ``(2) Professional development curricula.--Develop a series 
     of professional development curricula to be used by the 
     Academies for Faculty Excellence and disseminated broadly to 
     teacher preparation programs nationwide.
       ``(3) Professional development experiences.--Support the 
     development of a range of ongoing professional development 
     experiences (including the use of the Internet) for faculty 
     to ensure that such faculty are knowledgeable about effective 
     evidence-based practice in teaching and learning. Such 
     experiences shall promote joint faculty activities that link 
     content and pedagogy.
       ``(4) Development programs.--Provide fellowships, 
     scholarships, and stipends for teacher educators to 
     participate in various faculty development programs offered 
     by the Academies for Faculty Excellence.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for fiscal year 2008 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years.''.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       Section 211 of the Higher Education Act of 1965 (20 U.S.C. 
     1030), as redesignated by section 10, is amended--
       (1) by striking ``part $300,000,000 for fiscal year 1999'' 
     and inserting ``part, other than section 210, $500,000,000 
     for fiscal year 2008'';
       (2) by striking ``4 succeeding'' and inserting ``5 
     succeeding'';
       (3) in paragraph (1), by striking ``45'' and inserting 
     ``20'';
       (4) in paragraph (2), by striking ``45'' and inserting 
     ``60''; and
       (5) in paragraph (3), by striking ``10'' and inserting 
     ``20''.
                                 ______
                                 
      By Mr. DODD:
  S. 1232. A bill to direct the Secretary of Health and Human Services, 
in consultation with the Secretary of Education, to develop a voluntary 
policy

[[Page 10535]]

for managing the risk of food allergy and anaphylaxis in schools, to 
establish school-based food allergy management grants, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. DODD. Mr. President, I rise today to introduce the Food Allergy 
and Anaphylaxis Management Act of 2007. Food allergies are an 
increasing food safety and public health concern in this country, 
especially among young children. I know firsthand just how frightening 
food allergies can be in a young person's life. My own family has been 
personally touched by this troubling condition and we continue to 
struggle with it each and every day. Sadly, there is no cure for food 
allergies.
  In the past 5 years, the number of Americans with food allergies has 
nearly doubled from 6 million to almost 12 million. While food 
allergies were at one time considered relatively infrequent, today they 
rank 3rd among common chronic diseases in children under 18 years of 
age. Peanuts are among several allergenic foods that can produce life 
threatening allergic reactions in susceptible children. Peanut 
allergies have doubled among school age children from 1997-2002.
  Clearly, food allergies are of great concern for school age children 
nationwide, and yet, there are no federal guidelines concerning the 
management of life threatening food allergies in our Nation's schools.
  I have heard from parents, teachers and school administrators that 
students with severe food allergies often face inconsistent food 
allergy management approaches when they change schools. Too often, 
families are not aware of the food allergy policy at their children's 
school, or the policy is vastly different from the one they knew at 
their previous school, and they are left wondering whether their child 
is safe.
  Recently, Connecticut became the first State to enact school-based 
guidelines concerning food allergies and the prevention of life 
threatening incidents in schools. I am very proud of these efforts, and 
I know that the parents of children who suffer from food allergies in 
Connecticut have confidence that their children are safe throughout the 
school day. States such as Massachusetts and Tennessee have enacted 
similar guidelines and Vermont, New Jersey, Arizona, Michigan and New 
York have either passed or have pending legislation to enact statewide 
guidelines. But too many States across the country have food allergy 
management guidelines that are inconsistent from one school district to 
the next. The result is a patchwork of guidelines that not only may 
vary from state to state, but also from school district to school 
district.
  In my view, this lack of consistency underscores the need for 
enactment of uniform Federal policies that school districts can choose 
to adopt and implement. For this reason, I am introducing the Food 
Allergy and Anaphylaxis Management Act of 2007 today to address the 
growing need for uniform and consistent school-based food allergy 
management policy. The bill I am introducing today closely mirrors 
legislation I introduced last Congress with former Senator Frist. I 
thank him for his past leadership and commitment to this important 
legislation.
  The legislation does two things. First, it directs the Secretary of 
Health and Human Services, in consultation with the Secretary of 
Education, to develop and make available voluntary food allergy 
management guidelines for preventing exposure to food allergens and 
assuring a prompt response when a student suffers a potentially fatal 
anaphylactic reaction. The guidelines developed by the Secretary are 
voluntary, not mandatory. Under the legislation, each school district 
across the country can voluntarily choose to implement these 
guidelines. The intent of the legislation is not to mandate individual 
school policy, but rather to provide for consistency of policies 
relating to school-based food allergy management by providing schools 
with consistent guidelines at the Federal level.
  Second, the bill provides for incentive grants to school districts to 
assist them with adoption and implementation of the federal 
government's allergy management guidelines in all K-12 public schools.
  I would like to recognize the leadership of Congresswoman Nita Lowey 
who is introducing companion legislation today in the House of 
Representatives. She has been a longstanding champion for children and 
for awareness of the devastating impact of food allergies. I also wish 
to acknowledge and offer my sincere appreciation to the members of the 
Food Allergy and Anaphylaxis Network for their commitment to this 
legislation and for raising public awareness, providing advocacy, and 
advancing research on behalf of all individuals who suffer from food 
allergies.
  This legislation is supported by the Food Allergy and Anaphylaxis 
Network and the American Academy of Allergy, Asthma, and Immunology. I 
ask unanimous consent that letters of support from these organizations 
be printed in the Record.
  I hope that my colleagues in the Senate and in the House will 
consider and pass this important legislation before the end of the year 
so that the Department of Health and Human Services can begin work on 
developing national guidelines as soon as possible. Schoolchildren 
across the country deserve nothing less than a safe and healthy 
learning environment.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the material was ordered to be 
printed in the Record, as follows:

                                      American Academy of Allergy,


                                          Asthma & Immunology,

                                   Washington, DC, April 26, 2007.
     Hon. Chris Dodd,
     U.S. Senate,
     Washington, DC.
       Dear Senator Dodd: I am writing on behalf of the American 
     Academy of Allergy, Asthma and Immunology (AAAAI) to express 
     our strong support for your legislation, the Food Allergy and 
     Anaphylaxis Management Act of 2007, which would make 
     available to schools appropriate guidelines for the 
     management of students with food allergy who are at risk of 
     anaphylactic shock. The AAAAI is the largest professional 
     medical specialty organization in the United States 
     representing allergists, asthma specialists, clinical 
     immunologists, allied health professionals and others 
     dedicated to improving the treatment of allergic diseases 
     through research and education.
       The number of schoolchildren with food allergies has 
     increased dramatically in recent years. The policy developed 
     under your bill would assist schools in preventing exposure 
     to food allergens and assuring a prompt response when a child 
     suffers a potentially fatal anaphylactic reaction.
       Strict avoidance of the offending food is the only way to 
     prevent an allergic reaction as there is no cure for food 
     allergy. Fatalities from anaphylaxis often result from 
     delayed administration of epinephrine. The importance of 
     managing life-threatening food allergies in the school 
     setting has been recognized by our own organization as well 
     as the American Medical Association, the American Academy of 
     Pediatrics, and the National Association of School Nurses.
       The American Academy of Allergy, Asthma and Immunology 
     applauds your efforts to address the need to assist schools 
     with the policies and information needed to improve the 
     management of children with food allergy and avoid life-
     threatening reactions. We are pleased to endorse your 
     legislation.
           Sincerely,
     Thomas B. Casale, President.
                                  ____

                                                  The Food Allergy


                                        & Anaphylaxis Network,

                                   Washington, DC, April 26, 2007.
     Senator Christopher Dodd,
     Washington, DC.
       Dear Senator Dodd: On behalf of the Food Allergy and 
     Anaphylaxis Network (FAAN), I write to express strong support 
     for the Food Allergy and Anaphylaxis Management Act of 2007. 
     This important piece of legislation directs the Department of 
     Health and Human Services to develop guidelines for schools 
     to prevent exposure to food allergens and assure a prompt 
     response when a child suffers a potentially fatal 
     anaphylactic reaction.
       FAAN was established in 1991 to raise public awareness, 
     provide advocacy and education, and advance research on 
     behalf of the more than 12 million Americans affected by food 
     allergies and anaphylaxis. FAAN has nearly 30,000 members 
     worldwide, including families, dietitians, nurses, 
     physicians, and school staff as well as representatives of 
     government agencies and the food and pharmaceutical 
     industries.
       An estimated 2 million school age children suffer from food 
     allergies, for which there is

[[Page 10536]]

     no cure. Avoiding any and all products with allergy-causing 
     ingredients is the only way to prevent potentially life-
     threatening reactions for our children. Reactions often occur 
     at school including severe anaphylaxis, which can kill within 
     minutes unless epinephrine (adrenaline) is administered. 
     Deaths from anaphylaxis are usually a result of delayed 
     administration of epinephrine. Nevertheless, there are no 
     current, standardized guidelines to help schools safely 
     manage students with the disease.
       The Food Allergy and Anaphylaxis Network applauds your 
     effort to address the seriousness of food allergies and 
     create a safe learning environment for those children who 
     deal with these issues on a daily basis. We are pleased to 
     endorse your legislation.
           Sincerely,
                                               Anne Munoz Furlong,
     Founder and CEO.
                                  ____


                                S. 1232

       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 ``Food Allergy and Anaphylaxis 
     Management Act of 2007''.

     SEC. 2. FINDINGS.

       Congress finds as follows:
       (1) Food allergy is an increasing food safety and public 
     health concern in the United States, especially among 
     students.
       (2) Peanut allergy doubled among children from 1997 to 
     2002.
       (3) In a 2004 survey of 400 elementary school nurses, 37 
     percent reported having at least 10 students with severe food 
     allergies and 62 percent reported having at least 5.
       (4) Forty-four percent of the elementary school nurses 
     surveyed reported that the number of students in their school 
     with food allergy had increased over the past 5 years, while 
     only 2 percent reported a decrease.
       (5) In a 2001 study of 32 fatal food-allergy induced 
     anaphylactic reactions (the largest study of its kind to 
     date), more than half (53 percent) of the individuals were 
     aged 18 or younger.
       (6) Eight foods account for 90 percent of all food-allergic 
     reactions: milk, eggs, fish, shellfish, tree nuts, peanuts, 
     wheat, and soy.
       (7) Currently, there is no cure for food allergies; strict 
     avoidance of the offending food is the only way to prevent a 
     reaction.
       (8) Anaphylaxis is a systemic allergic reaction that can 
     kill within minutes.
       (9) Food-allergic reactions are the leading cause of 
     anaphylaxis outside the hospital setting, accounting for an 
     estimated 30,000 emergency room visits, 2,000 
     hospitalizations, and 150 to 200 deaths each year in the 
     United States.
       (10) Fatalities from anaphylaxis are associated with a 
     delay in the administration of epinephrine (adrenaline), or 
     when epinephrine was not administered at all. In a study of 
     13 food allergy-induced anaphylactic reactions in school-age 
     children (6 fatal and 7 near fatal), only 2 of the children 
     who died received epinephrine within 1 hour of ingesting the 
     allergen, and all but 1 of the children who survived received 
     epinephrine within 30 minutes.
       (11) The importance of managing life-threatening food 
     allergies in the school setting has been recognized by the 
     American Medical Association, the American Academy of 
     Pediatrics, the American Academy of Allergy, Asthma and 
     Immunology, the American College of Allergy, Asthma and 
     Immunology, and the National Association of School Nurses.
       (12) There are no Federal guidelines concerning the 
     management of life-threatening food allergies in the school 
     setting.
       (13) Three-quarters of the elementary school nurses 
     surveyed reported developing their own training guidelines.
       (14) Relatively few schools actually employ a full-time 
     school nurse. Many are forced to cover more than 1 school, 
     and are often in charge of hundreds if not thousands of 
     students.
       (15) Parents of students with severe food allergies often 
     face entirely different food allergy management approaches 
     when their students change schools or school districts.
       (16) In a study of food allergy reactions in schools and 
     day-care settings, delays in treatment were attributed to a 
     failure to follow emergency plans, calling parents instead of 
     administering emergency medications, and an inability to 
     administer epinephrine.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) ESEA definitions.--The terms ``local educational 
     agency'', ``secondary school'', and ``elementary school'' 
     have the meanings given the terms in section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (2) School.--The term ``school'' includes public--
       (A) kindergartens;
       (B) elementary schools; and
       (C) secondary schools.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services, in consultation with the 
     Secretary of Education.

     SEC. 4. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND 
                   ANAPHYLAXIS MANAGEMENT POLICY.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall--
       (1) develop a policy to be used on a voluntary basis to 
     manage the risk of food allergy and anaphylaxis in schools; 
     and
       (2) make such policy available to local educational 
     agencies and other interested individuals and entities to be 
     implemented on a voluntary basis only.
       (b) Contents.--The voluntary policy developed by the 
     Secretary under subsection (a) shall contain guidelines that 
     address each of the following:
       (1) Parental obligation to provide the school, prior to the 
     start of every school year, with--
       (A) documentation from the student's physician or nurse--
       (i) supporting a diagnosis of food allergy and the risk of 
     anaphylaxis;
       (ii) identifying any food to which the student is allergic;
       (iii) describing, if appropriate, any prior history of 
     anaphylaxis;
       (iv) listing any medication prescribed for the student for 
     the treatment of anaphylaxis;
       (v) detailing emergency treatment procedures in the event 
     of a reaction;
       (vi) listing the signs and symptoms of a reaction; and
       (vii) assessing the student's readiness for self-
     administration of prescription medication; and
       (B) a list of substitute meals that may be offered to the 
     student by school food service personnel.
       (2) The creation and maintenance of an individual health 
     care plan tailored to the needs of each student with a 
     documented risk for anaphylaxis, including any procedures for 
     the self-administration of medication by such students in 
     instances where--
       (A) the students are capable of self-administering 
     medication; and
       (B) such administration is not prohibited by State law.
       (3) Communication strategies between individual schools and 
     local providers of emergency medical services, including 
     appropriate instructions for emergency medical response.
       (4) Strategies to reduce the risk of exposure to 
     anaphylactic causative agents in classrooms and common school 
     areas such as cafeterias.
       (5) The dissemination of information on life-threatening 
     food allergies to school staff, parents, and students, if 
     appropriate by law.
       (6) Food allergy management training of school personnel 
     who regularly come into contact with students with life-
     threatening food allergies.
       (7) The authorization and training of school personnel to 
     administer epinephrine when the school nurse is not 
     immediately available.
       (8) The timely accessibility of epinephrine by school 
     personnel when the nurse is not immediately available.
       (9) Extracurricular programs such as non-academic outings 
     and field trips, before- and after-school programs, and 
     school-sponsored programs held on weekends that are addressed 
     in the individual health care plan.
       (10) The collection and publication of data for each 
     administration of epinephrine to a student at risk for 
     anaphylaxis.
       (c) Relation to State Law.--Nothing in this Act or the 
     policy developed by the Secretary under subsection (a) shall 
     be construed to preempt State law, including any State law 
     regarding whether students at risk for anaphylaxis may self-
     administer medication.

     SEC. 5. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS.

       (a) In General.--The Secretary may award grants of not more 
     than $50,000 to local educational agencies to assist such 
     agencies with implementing voluntary food allergy management 
     guidelines described in section 4.
       (b) Application.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a local educational agency shall submit an 
     application to the Secretary at such time, in such manner, 
     and including such information as the Secretary may 
     reasonably require.
       (2) Contents.--Each application submitted under paragraph 
     (1) shall include--
       (A) a certification that the food allergy management 
     guidelines described in section 4 have been adopted by the 
     local educational agency;
       (B) a description of the activities to be funded by the 
     grant in carrying out the food allergy management guidelines, 
     including--
       (i) how the guidelines will be carried out at individual 
     schools served by the local educational agency;
       (ii) how the local educational agency will inform parents 
     and students of the food allergy management guidelines in 
     place;
       (iii) how school nurses, teachers, administrators, and 
     other school-based staff will be made aware of, and given 
     training on, when applicable, the food allergy management 
     guidelines in place; and
       (iv) any other activities that the Secretary determines 
     appropriate;
       (C) an itemization of how grant funds received under this 
     section will be expended;
       (D) a description of how adoption of the guidelines and 
     implementation of grant activities will be monitored; and

[[Page 10537]]

       (E) an agreement by the local educational agency to report 
     information required by the Secretary to conduct evaluations 
     under this section.
       (c) Use of Funds.--Each local educational agency that 
     receives a grant under this section may use the grant funds 
     for the following:
       (1) Creation of systems and databases related to creation, 
     storage, and maintenance of student records.
       (2) Purchase of equipment or services, or both, related to 
     the creation, storage, and maintenance of student records.
       (3) In partnership with local health departments, school 
     nurse, teacher, and personnel training for food allergy 
     management.
       (4) Purchase and storage of limited medical supplies, 
     including epinephrine and disposable wet wipes.
       (5) Programs that educate students as to the presence of, 
     and policies and procedures in place related to, food 
     allergies and anaphylactic shock.
       (6) Outreach to parents.
       (7) Any other activities consistent with the guidelines 
     described in section 4.
       (d) Duration of Awards.--The Secretary may award grants 
     under this section for a period of not more than 2 years. In 
     the event the Secretary conducts a program evaluation under 
     this section, funding in the second year of the grant, where 
     applicable, shall be contingent on a successful program 
     evaluation by the Secretary after the first year.
       (e) Maximum Amount of Annual Awards.--A grant awarded under 
     this section may not be made in an amount that is more than 
     $50,000 annually.
       (f) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to local educational agencies 
     that receive Federal funding under title I of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
       (g) Administrative Funds.--A local educational agency that 
     receives a grant under this section may use not more than 2 
     percent of the grant amount for administrative costs related 
     to carrying out this section.
       (h) Progress and Evaluations.--At the completion of the 
     grant period referred to in subsection (d), a local 
     educational agency shall provide the Secretary with 
     information on the status of implementation of the food 
     allergy management guidelines described in section 4.
       (i) Supplement, Not Supplant.--Grant funds received under 
     this section shall be used to supplement, and not supplant, 
     non-Federal funds and any other Federal funds available to 
     carry out the activities described in this section.
       (j) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 for 
     fiscal year 2008 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years.

     SEC. 6. VOLUNTARY NATURE OF POLICY AND GUIDELINES.

       (a) In General.--The policy developed by the Secretary 
     under section 4(a) and the food allergy management guidelines 
     contained in such policy are voluntary. Nothing in this Act 
     or the policy developed by the Secretary under section 4(a) 
     shall be construed to require a local educational agency or 
     school to implement such policy or guidelines.
       (b) Exception.--Notwithstanding subsection (a), the 
     Secretary may enforce an agreement by a local educational 
     agency to implement food allergy management guidelines as a 
     condition on the receipt of a grant under section 5.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Craig):
  S. 1233. A bill to provide and enhance intervention, rehabilitive 
treatment, and services to veterans with traumatic brain injury, and 
for other purposes; to the Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, today I, along with my good friend and 
ranking member, Senator Craig, introduce comprehensive legislation to 
improve the capacity of the Department of Veterans Affairs to care for 
veterans with traumatic brain injuries, otherwise referred to as TBI.
  TBI has become the signature wound of the Iraq war. Blast injuries 
account for over 60 percent of all combat wounds suffered by U.S. 
forces in Iraq. The brain can be harmed by the shock of an explosion, 
or by rattling or striking of the head as a consequence of the 
explosion. The high incidence of powerful explosive attacks means that 
potentially thousands of OIF/OEF veterans have incurred some form of 
brain damage or impairment. Many servicemembers who would have perished 
from their wounds in earlier conflicts are now saved by modern body 
armor and rapid medical evacuation. Although these individuals survive, 
many of them suffer brain damage in addition to other injuries. There 
must be new approaches to best meet the health care needs of these 
veterans.
  On March 27, 2007, I chaired a Committee on Veterans' Affairs hearing 
on VA's ability to deal with war injuries, including TBI. The 
provisions of this bill are a direct outgrowth of that hearing and the 
testimony given by those who suffer with TBI.
  This bill addresses the immediate needs of veterans with TBI for 
high-quality rehabilitation in their communities, and provides VA 
clinicians with increased resources to develop the expertise and 
capacity to meet the lifelong needs of these veterans. The bill has 
seven core provisions, and authorizes a total of $63 million over 6 
years to support new TBI-related initiatives. While this amounts to 
significant new funding, every dollar was included in our Committee's 
Views and Estimates Letter to the Budget Committee, and was 
subsequently included in the Senate-passed Budget Resolution.
  I will highlight a few of the provisions of this legislation:
  First, VA health care providers would be required to develop a 
comprehensive rehabilitation and community reintegration plan for each 
veteran with TBI. A diverse team of VA health care providers would be 
required to review and refine the plan to adapt to the needs of the 
veteran. Giving an injured veteran or their caregiver an opportunity to 
request a review of the rehabilitation plan would ensure VA's 
responsiveness to the needs of these individuals. This provision stems 
directly from the hearing testimony of Denise Mettie, whose severely 
injured son Evan went for months without a coherent, well-thought-out 
rehabilitation plan.
  Second, as we heard from the story by ABC news anchor Bob Woodruff, 
who himself suffered a TBI, VA's four lead polytrauma centers have 
developed significant expertise in rehabilitative care, but most other 
VA facilities lack capacity for specialized TBI services. The bill 
would require VA to implement the individualized plan through outside 
providers in cases where VA is unable to provide the required intensity 
of care or the veteran lives too far away to make VA treatment 
feasible. This provision is inspired by the hearing testimony of Dr. 
Bruce Gans, who called for greater private sector involvement in 
veterans' rehabilitation in those cases where VA lacks capacity or 
geographic reach. Our goal is to ensure that VA care is the finest in 
the country. When VA cannot adequately serve veterans with TBI, 
community providers need to be utilized.
  Third, care for veterans with severe TBI often leads to nursing home 
care. This legislation would give VA providers, in collaboration with 
the Defense and Veterans Brain Injury Center, the ability to conduct 
innovative research and treatment to ``re-awaken'' veterans with severe 
TBI, by making $15 million available for research and care over 5 
years.
  Finally, the legislation makes available $48 million over 6 years for 
VA to maximize the independence, quality of life, and community 
reintegration of veterans with TBI who are unable to manage routine 
activities of daily living. These funds would be available for an 
assisted living pilot program for those with TBI, so that veterans who 
might otherwise be forced into institutional long-term care will 
instead have an opportunity to live in group homes or under other 
arrangements. The bill also requires special consideration for rural 
veteran participation in this pilot program.
  I urge all of my colleagues to support this innovative and 
comprehensive legislation, which will bring hope and progress to many 
brain injured veterans and their families.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1233

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Traumatic Brain Injury Rehabilitation Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:


[[Page 10538]]


Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress on Department of Veterans Affairs efforts in 
              the rehabilitation and reintegration of veterans with 
              traumatic brain injury.
Sec. 3. Individual rehabilitation and community reintegration plans for 
              veterans and others with traumatic brain injury.
Sec. 4. Use of non-Department of Veterans Affairs facilities for 
              implementation of rehabilitation and community 
              reintegration plans for traumatic brain injury.
Sec. 5. Research, education, and clinical care program on severe 
              traumatic brain injury.
Sec. 6. Pilot program on assisted living services for veterans with 
              traumatic brain injury.
Sec. 7. Age-appropriate nursing home care.
Sec. 8. Research on traumatic brain injury.

     SEC. 2. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS AFFAIRS 
                   EFFORTS IN THE REHABILITATION AND REINTEGRATION 
                   OF VETERANS WITH TRAUMATIC BRAIN INJURY.

       It is the sense of Congress that--
       (1) the Department of Veterans Affairs should have the 
     capacity and expertise to provide veterans who have a 
     traumatic brain injury with patient-centered health care, 
     rehabilitation, and community integration services that are 
     comparable to or exceed similar care and services available 
     to persons with such injuries in the academic and private 
     sector;
       (2) rehabilitation for veterans who have a traumatic brain 
     injury should be individualized, comprehensive, and 
     multidisciplinary with the goals of optimizing the 
     independence of such veterans and reintegrating them into 
     their communities;
       (3) family support is integral to the rehabilitation and 
     community reintegration of veterans who have sustained a 
     traumatic brain injury, and the Department should provide the 
     families of such veterans with education and support;
       (4) the Department of Defense and Department of Veterans 
     Affairs have made efforts to provide a smooth transition of 
     medical care and rehabilitative services to individuals as 
     they transition from the health care system of the Department 
     of Defense to that of the Department of Veterans Affairs, but 
     more can be done to assist veterans and their families in the 
     continuum of the rehabilitation, recovery, and reintegration 
     of wounded or injured veterans into their communities; and
       (5) in planning for rehabilitation and community 
     reintegration of veterans who have a traumatic brain injury, 
     it is necessary for the Department of Veterans Affairs to 
     provide a system for life-long case management for such 
     veterans.

     SEC. 3. INDIVIDUAL REHABILITATION AND COMMUNITY REINTEGRATION 
                   PLANS FOR VETERANS AND OTHERS WITH TRAUMATIC 
                   BRAIN INJURY.

       (a) In General.--Subchapter II of chapter 17 of title 38, 
     United States Code, is amended by inserting after section 
     1710B the following new section:

     ``Sec. 1710C. Traumatic brain injury: plans for 
       rehabilitation and reintegration into the community

       ``(a) Plan Required.--The Secretary shall, for each veteran 
     or member of the Armed Forces who receives inpatient 
     rehabilitation care from the Department for a traumatic brain 
     injury--
       ``(1) develop an individualized plan for the rehabilitation 
     and reintegration of such individual into the community; and
       ``(2) provide such plan to such individual before such 
     individual is discharged from inpatient care.
       ``(b) Contents of Plan.--Each plan developed under 
     subsection (a) shall include, for the individual covered by 
     such plan, the following:
       ``(1) Rehabilitation objectives for improving the physical, 
     cognitive, vocational, and psychosocial functioning of such 
     individual with the goal of maximizing the independence and 
     reintegration of such individual into the community.
       ``(2) A description of specific interventions, 
     rehabilitative treatments, and other services to achieve the 
     objectives described in paragraph (2), which description 
     shall set forth the type, frequency, duration, and location 
     of such interventions, treatments, and services.
       ``(3) The name of the case manager designated in accordance 
     with subsection (d) to be responsible for the implementation 
     of such plan.
       ``(4) Dates on which the effectiveness of the plan will be 
     reviewed in accordance with subsection (f).
       ``(c) Comprehensive Assessment.--
       ``(1) In general.--Each plan developed under subsection (a) 
     shall be based upon a comprehensive assessment, developed in 
     accordance with paragraph (2), of--
       ``(A) the physical, cognitive, vocational, and psychosocial 
     impairments of such individual; and
       ``(B) the family education and family support needs of such 
     individual after discharge from inpatient care.
       ``(2) Formation.--The comprehensive assessment required 
     under paragraph (1) with respect to an individual is a 
     comprehensive assessment of the matters set forth in that 
     paragraph by a team, composed by the Secretary for purposes 
     of the assessment, from among individuals with expertise in 
     traumatic brain injury as follows:
       ``(A) A neurologist.
       ``(B) A rehabilitation physician.
       ``(C) A social worker.
       ``(D) A neuropsychologist or neuropsychiatrist.
       ``(E) A physical therapist.
       ``(F) A vocational rehabilitation specialist.
       ``(G) An occupational therapist.
       ``(H) A rehabilitation nurse.
       ``(I) Such other health care professionals as the Secretary 
     considers appropriate, including--
       ``(i) an audiologist;
       ``(ii) a blind rehabilitation specialist;
       ``(iii) a recreational therapist;
       ``(iv) a speech language pathologist; and
       ``(v) a low vision optometrist.
       ``(d) Case Manager.--The Secretary shall designate a case 
     manager for each individual described in subsection (a) to be 
     responsible for the implementation of the plan required by 
     such subsection for such individual.
       ``(e) Participation and Collaboration in Development of 
     Plans.--(1) The Secretary shall involve each individual 
     described in subsection (a), and the family of such 
     individual, in the development of the plan for such 
     individual under that subsection to the maximum extent 
     practicable.
       ``(2) The Secretary shall collaborate in the development of 
     a plan for an individual under subsection (a) with an 
     individual with expertise in the protection of, and advocacy 
     for, individuals with traumatic brain injury if--
       ``(A) the individual covered by such plan requests such 
     collaboration; or
       ``(B) if such individual is incapacitated, the family or 
     guardian of such individual requests such collaboration.
       ``(3) In the case of a plan required by subsection (a) for 
     a member of the Armed Forces who is on active duty, the 
     Secretary shall collaborate with the Secretary of Defense in 
     the development of such plan.
       ``(4) In developing vocational rehabilitation objectives 
     required under subsection (b)(2) and in conducting the 
     assessment required under subsection (c), the Secretary shall 
     act through the Under Secretary for Health in coordination 
     with the Vocational Rehabilitation and Employment Service of 
     the Department of Veterans Affairs.
       ``(f) Evaluation.--
       ``(1) Periodic review by secretary.--The Secretary shall 
     periodically review the effectiveness of each plan developed 
     under subsection (a). The Secretary shall refine each such 
     plan as the Secretary considers appropriate in light of such 
     review.
       ``(2) Request for review by veterans.--In addition to the 
     periodic review required by paragraph (1), the Secretary 
     shall conduct a review of the plan of a veteran under 
     paragraph (1) at the request of such veteran, or in the case 
     that such veteran is incapacitated, at the request of the 
     guardian or the designee of such veteran.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by inserting 
     after the item relating to section 1710B the following new 
     item:

``1710C. Traumatic brain injury: plans for rehabilitation and 
              reintegration into the community.''.

     SEC. 4. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS FACILITIES 
                   FOR IMPLEMENTATION OF REHABILITATION AND 
                   COMMUNITY REINTEGRATION PLANS FOR TRAUMATIC 
                   BRAIN INJURY.

       (a) In General.--Subchapter II of chapter 17 of title 38, 
     United States Code, is amended by inserting after section 
     1710C, as added by section 3 of this Act, the following new 
     section:

     ``Sec. 1710D. Traumatic brain injury: use of non-Department 
       facilities for rehabilitation

       ``(a) In General.--Subject to section 1710(a)(4) of this 
     title and subsection (b) of this section, the Secretary shall 
     provide intervention, rehabilitative treatment, or services 
     to implement a plan developed under section 1710C of this 
     title at a non-Department facility with which the Secretary 
     has entered into an agreement for such purpose, to an 
     individual--
       ``(1) who is described in subsection (a) of such section; 
     and
       ``(2)(A) to whom the Secretary is unable to provide such 
     intervention, treatment, or services at the frequency or for 
     the duration prescribed in such plan; or
       ``(B) who resides at such distance, as determined by the 
     Secretary, from a Department medical facility as to make the 
     implementation of such plan through a Department facility 
     infeasible or impracticable.
       ``(b) Standards.--The Secretary may not provide 
     intervention, treatment, or services as described in 
     subsection (a) at a non-Department facility under such 
     subsection unless such facility maintains standards for the 
     provision of such intervention, treatment, or services 
     established by an independent, peer-reviewed organization 
     that accredits specialized rehabilitation programs for adults 
     with traumatic brain injury.''.

[[Page 10539]]

       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by inserting 
     after the item relating to section 1710C, as added by section 
     3 of this Act, the following new item:

``1710D. Traumatic brain injury: use of non-Department facilities for 
              rehabilitation.''.

     SEC. 5. RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM ON 
                   SEVERE TRAUMATIC BRAIN INJURY.

       (a) Program Required.--Subchapter II of chapter 73 of title 
     38, United States Code, is amended by inserting after section 
     7330 the following new section:

     ``Sec. 7330A. Severe traumatic brain injury research, 
       education, and clinical care program

       ``(a) Program Required.--The Secretary shall establish a 
     program on research, education, and clinical care to provide 
     intensive neuro-rehabilitation to veterans with a severe 
     traumatic brain injury, including veterans in a minimally 
     conscious state who would otherwise receive nursing home 
     care.
       ``(b) Collaboration Required.--The Secretary shall 
     establish the program required by subsection (a) in 
     collaboration with the Defense and Veterans Brain Injury 
     Center of the Department of Defense and academic institutions 
     selected by the Secretary from among institutions having an 
     expertise in research in neuro-rehabilitation.
       ``(c) Education Required.--As part of the program required 
     by subsection (a), the Secretary shall conduct educational 
     programs on recognizing and diagnosing mild and moderate 
     cases of traumatic brain injury.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary for each of fiscal years 
     2008 through 2012, $3,000,000 to carry out the program 
     required by subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 73 of such title is amended by inserting 
     after the item relating to section 7330 the following new 
     item:

``7330A. Severe traumatic brain injury research, education, and 
              clinical care program.''.

       (c) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to Congress a report on the research to be 
     conducted under the program required by section 7330A of 
     title 38, United States Code, as added by subsection (a).

     SEC. 6. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR 
                   VETERANS WITH TRAUMATIC BRAIN INJURY.

       (a) Pilot Program.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall carry out a pilot program to assess the 
     effectiveness of providing assisted living services to 
     eligible veterans to enhance the rehabilitation, quality of 
     life, and community integration of such veterans.
       (b) Duration of Program.--The pilot program shall be 
     carried out during the five-year period beginning on the date 
     of the commencement of the pilot program.
       (c) Program Locations.--
       (1) In general.--The pilot program shall be carried out at 
     locations selected by the Secretary for purposes of the pilot 
     program. Of the locations so selected--
       (A) at least one shall be in each health care region of the 
     Veterans Health Administration that contains a polytrauma 
     center of the Department of Veterans Affairs; and
       (B) any other locations shall be in areas that contain high 
     concentrations of veterans with traumatic brain injury, as 
     determined by the Secretary.
       (2) Special consideration for veterans in rural areas.--
     Special consideration shall be given to provide veterans in 
     rural areas with an opportunity to participate in the pilot 
     program.
       (d) Provision of Assisted Living Services.--
       (1) Agreements.--In carrying out the pilot program, the 
     Secretary may enter into agreements for the provision of 
     assisted living services on behalf of eligible veterans with 
     either of the following:
       (A) A provider of services that has entered into a provider 
     agreement under section 1866(a) of the Social Security Act 
     (42 U.S.C. 1395cc(a)).
       (B) A provider participating under a State plan under title 
     XIX of such Act (42 U.S.C. 1396 et seq.).
       (2) Standards.--The Secretary may not place, transfer, or 
     admit a veteran to any facility for assisted living services 
     under this program unless the Secretary determines that the 
     facility meets such standards as the Secretary may prescribe 
     for purposes of the pilot program. Such standards shall, to 
     the extent practicable, be consistent with the standards of 
     Federal, State, and local agencies charged with the 
     responsibility of licensing or otherwise regulating or 
     inspecting such facilities.
       (e) Continuation of Case Management and Rehabilitation 
     Services.--In carrying the pilot program under subsection 
     (a), the Secretary shall continue to provide each veteran who 
     is receiving assisted living services under the pilot program 
     with rehabilitative services and shall designate Department 
     health-care employees to furnish case management services for 
     veterans participating in the pilot program.
       (f) Report.--
       (1) In general.--Not later than 60 days after the 
     completion of the pilot program, the Secretary shall submit 
     to the congressional veterans affairs committees a report on 
     the pilot program.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the pilot program.
       (B) An assessment of the utility of the activities under 
     the pilot program in enhancing the rehabilitation, quality of 
     life, and community reintegration of veterans with traumatic 
     brain injury.
       (C) Such recommendations as the Secretary considers 
     appropriate regarding the extension or expansion of the pilot 
     program.
       (g) Definitions.--In this section:
       (1) The term ``assisted living services'' means services of 
     a facility in providing room, board, and personal care for 
     and supervision of residents for their health, safety, and 
     welfare.
       (2) The term ``case management services'' includes the 
     coordination and facilitation of all services furnished to a 
     veteran by the Department of Veterans Affairs, either 
     directly or through contract, including assessment of needs, 
     planning, referral (including referral for services to be 
     furnished by the Department, either directly or through a 
     contract, or by an entity other than the Department), 
     monitoring, reassessment, and followup.
       (3) The term ``congressional veterans affairs committees'' 
     means--
       (A) the Committee on Veterans' Affairs of the Senate; and
       (B) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (4) The term ``eligible veteran'' means a veteran who--
       (A) is enrolled in the Department of Veterans Affairs 
     health care system;
       (B) has received treatment for traumatic brain injury from 
     the Department of Veterans Affairs;
       (C) is unable to manage routine activities of daily living 
     without supervision and assistance; and
       (D) could reasonably be expected to receive ongoing 
     services after the end of the pilot program under this 
     section under another government program or through other 
     means.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Veterans Affairs to 
     carry out this section, $8,000,000 for each of fiscal years 
     2008 through 2013.

     SEC. 7. AGE-APPROPRIATE NURSING HOME CARE.

       (a) Finding.--Congress finds that young veterans who are 
     injured or disabled through military service and require 
     long-term care should have access to age-appropriate nursing 
     home care.
       (b) Requirement to Provide Age-Appropriate Nursing Home 
     Care.--Section 1710A of title 38, United States Code, is 
     amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) The Secretary shall ensure that nursing home care 
     provided under subsection (a) is provided in an age-
     appropriate manner.''.

     SEC. 8. RESEARCH ON TRAUMATIC BRAIN INJURY.

       (a) Inclusion of Research on Traumatic Brain Injury Under 
     Ongoing Research Programs.--The Secretary of Veterans Affairs 
     shall, in carrying out research programs and activities under 
     the provisions of law referred to in subsection (b), ensure 
     that such programs and activities include research on the 
     sequelae of traumatic brain injury, including--
       (1) research on visually-related neurological conditions;
       (2) research on seizure disorders; and
       (3) research on means of improving the diagnosis, 
     treatment, and prevention of such sequelae.
       (b) Research Authorities.--The provisions of law referred 
     to in this subsection are the following:
       (1) Section 3119 of title 38, United States Code, relating 
     to rehabilitation research and special projects.
       (2) Section 7303 of title 38, United States Code, relating 
     to research programs of the Veterans Health Administration.
       (3) Section 7327 of title 38, United States Code, relating 
     to research, education, and clinical activities on complex 
     multi-trauma associated with combat injuries.
       (c) Collaboration.--In carrying out the research required 
     by subsection (a), the Secretary shall collaborate with 
     facilities that--
       (1) conduct research on rehabilitation for individuals with 
     traumatic brain injury; and
       (2) receive grants for such research from the National 
     Institute on Disability and Rehabilitation Research of the 
     Department of Education.
       (d) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Veterans' Affairs of the Senate and the House 
     of Representatives a report describing in comprehensive 
     detail the research to be carried out in order to fulfill the 
     requirement in subsection (a).

  Mr. CRAIG. Mr. President, I rise today as the Ranking Member of the 
Senate Committee on Veterans' Affairs

[[Page 10540]]

to join my distinguished colleague, Senator Akaka, who serves as the 
Chairman of the Committee, in introducing this important legislation to 
assist veterans who suffer from a traumatic brain injury.
  Every so often an issue of incredible importance confronts this 
institution and government as whole. And when it does, it is critical 
that we here in Congress cut through the politics of this institution 
and the red tape of government and do what is right and necessary for 
Americans in need. The bill Senator Akaka and I are introducing today 
is one of those times and veterans with traumatic brain injury is one 
of those issues.
  Sadly, hundreds and perhaps even thousands of our dedicated 
servicemen and women are returning from Iraq and Afghanistan with mild, 
moderate, and even severe head trauma. Improvised Explosive Devices 
detonating regularly throughout Iraq have exposed our soldiers, 
sailors, airmen and Marines to countless instances in which a TBI can 
occur. The long-term consequences of these injuries are, in many ways, 
unknown to us. There's so much modern medicine doesn't know about how 
the brain functions, let alone how little we know about the 
consequences of small changes in its functioning.
  Still, it is incumbent on us to do everything in our power to provide 
the best care and services to those servicemembers and veterans in need 
of TBI care and rehabilitation. To that end, Senator Akaka and I 
believe that quality TBI care must include certain elements, which this 
legislation would impose on VA.
  Most important among these new requirements is the directive for VA 
to provide every veteran who has an inpatient stay for a TBI with an 
individual plan for rehabilitation and reintegration. This may sound to 
many of my colleagues like a very simple, and thus unimportant, 
requirement. But, I believe it is a critical component of recovery.
  It is a requirement that patients, families, doctors, nurses, social 
workers, etc., sit down and develop a detailed plan to maximize the 
chances of recovery and independent living at some point in the future 
for an injured servicemember or veteran. In short, it is the start of 
the road to recovery.
  In addition to the requirement for individual plans, VA must be given 
some flexibility to seek out private care services when the situation 
or the severity of the traumatic brain injury calls for it. This 
legislation would establish the parameters for receipt of that care and 
I believe send an important message to VA and our wounded veterans that 
we want the best care possible regardless of whether it is obtained 
through a door with the letters V-A over them or through a door with a 
different name.
  Also, this bill would establish a research, clinical care, and 
education program for traumatic brain injury. The program would be 
modeled on VA's very successful Mental Illness Research, Education and 
Clinical Care program as well as the special programs for Parkinson's 
disease and geriatric medicine. The nation must invest in learning more 
about the debilitating conditions that accompany a traumatic brain 
injury so that one day we might look forward to better treatment and, 
most importantly, a better quality of life for these heroes.
  Finally, the legislation would create a pilot program for assisted 
living for veterans with severe traumatic brain injury. I recognize 
that generally assisted living is not a program that VA has embraced in 
the past. But, the sheer number of those suffering with TBI and the 
severity of those conditions demand that we once again consider 
assisted living as a viable means of providing some quality of life to 
veterans and their families. And I am proud that assisted living will 
once again be a component of care provided by VA.
  I urge all of my colleagues to cosponsor this legislation. The 
Chairman and I are very proud of the work we've done together in this 
legislation. I see a lot of progress in VA with respect to the care 
they are providing all of our wounded soldiers and veterans. But, more 
can be done.
  I think this bill will move VA further in the direction they are 
heading and provide veterans with traumatic brain injuries an 
opportunity to achieve a full and productive life.
  With that, again, I want to again thank Chairman Akaka for his work.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself and Mrs. Clinton):
  S. 1234. A bill to strengthen the liability of parent companies for 
violations of sanctions by foreign entities, and for other purposes; to 
the Committee on Banking, Housing, and Urban Affairs.
  Mr. LAUTENBERG. Mr. President, I am pleased to introduce the Stop 
Business With Terrorists Act of 2007. Senator Clinton is joining me as 
an original cosponsor of this important bill. This bill will shut down 
a source of revenue that flows to terrorists and rogue regimes that 
threaten our nation's security.
  President Bush has made the statement that money is the lifeblood of 
terrorist operations. He could not be more right. Amazingly, some of 
our corporations are providing revenue to terrorists by doing business 
with these rogue regimes. My bill is simple. It closes a loophole in 
the law that allows American companies to do business with our enemies.
  Our current sanctions laws prohibit United States companies from 
doing business directly with Iran, but the law contains a loophole. It 
enables an American company to create a foreign-based subsidiary that 
can do business with that prohibited country. As long as this loophole 
is in place, our sanctions laws have no teeth.
  My bill will close this loophole once and for all and will cut off a 
major source of revenue for terrorists. It will require foreign 
subsidiaries that are majority controlled by a U.S. parent company to 
follow U.S. sanctions laws. For those companies that would need to 
divest from such a situation, they would have 90 days to do so. This is 
a simple concept with significant impact.
  It is critical that we starve these rogue regimes and the terrorists 
they support at the source. Of the companies that are taking advantage 
of this loophole, the country that has benefited the most has been 
Iran. And as we know, Iran funds Hamas, Hezbollah, the Palestinian 
Islamic Jihad, and other terrorist organizations. We should not allow 
American-controlled companies to provide cash to Iran so that they can 
convert these funds into bullets and bombs to be used against us and 
our allies.
  It is inexcusable for American companies to engage in any business 
practice that provides revenues to terrorists, and we have to stop it. 
I urge my colleagues to support this bill and to close the terror 
funding loophole.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1234

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stop Business with 
     Terrorists Act of 2007''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, or other 
     organization.
       (2) Parent company.--The term ``parent company'' means an 
     entity that is a United States person and--
       (A) the entity owns, directly or indirectly, more than 50 
     percent of the equity interest by vote or value in another 
     entity;
       (B) board members or employees of the entity hold a 
     majority of board seats of another entity; or
       (C) the entity otherwise controls or is able to control the 
     actions, policies, or personnel decisions of another entity.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States; and
       (B) an entity that is organized under the laws of the 
     United States, any State or territory thereof, or the 
     District of Columbia, if natural persons described in 
     subparagraph (A) own, directly or indirectly, more than 50

[[Page 10541]]

     percent of the outstanding capital stock or other beneficial 
     interest in such entity.

     SEC. 3. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF 
                   SANCTIONS BY FOREIGN ENTITIES.

       (a) In General.--In any case in which an entity engages in 
     an act outside the United States that, if committed in the 
     United States or by a United States person, would violate the 
     provisions of Executive Order 12959 (50 U.S.C. 1701 note) or 
     Executive Order 13059 (50 U.S.C. 1701 note), or any other 
     prohibition on transactions with respect to Iran imposed 
     under the authority of the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.), the parent company of 
     the entity shall be subject to the penalties for the act to 
     the same extent as if the parent company had engaged in the 
     act.
       (b) Applicability.--Subsection (a) shall not apply to a 
     parent company of an entity on which the President imposed a 
     penalty for a violation described in subsection (a) that was 
     in effect on the date of the enactment of this Act if the 
     parent company divests or terminates its business with such 
     entity not later than 90 days after such date of enactment.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Stevens):
  S. 1236. A bill to amend the Elementary and Secondary Education Act 
of 1965 regarding highly qualified teachers, growth models, adequate 
yearly progress, Native American language programs, and parental 
involvement, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Ms. MURKOWSKI. Mr. President, I rise to speak about legislation I am 
introducing entitled the School Accountability Improvements Act. We all 
know about No Child Left Behind, the Federal legislation that was 
introduced in 2001. We recognize that NCLB made significant changes to 
Federal requirements for school districts in our States. Many of these 
changes have been very positive and truly quite necessary. Because of 
No Child Left Behind, there is clearly more national attention being 
paid to ensure that school districts and the States are held 
accountable for the achievement of students with disabilities and for 
those who are economically disadvantaged and for minority students.
  In Alaska, this has meant, for example, that more of our urban school 
districts are paying closer attention than ever to the needs of our 
Alaska Native students. People across the Nation are also more aware 
that a teacher's knowledge of the subject matter and his or her ability 
to teach that subject are perhaps the most important factors in a 
child's achievement in school. Teachers, parents, administrators, and 
communities have more data now than they have ever had, more data about 
the achievement of the individual students and the subgroups of 
students and about our schools. With that data, we are making changes 
to school policies and procedures, and more students are now getting 
the help they need to succeed.
  While these are just a few of the positive effects of No Child Left 
Behind, we recognize there have been problems. This is not surprising, 
as it is quite difficult to write one law that will work for a large 
urban city such as New York City in the East and have that be made 
generally applicable to a small remote rural community such as 
Nuiqsuit, AK.
  My bill, the School Accountability Improvements Act, is meant to 
address five issues that we have identified in Alaska that are of 
particular concern to our State and of equal concern to other States. 
The first area we are focusing on would give flexibility to States 
regarding NCLB's highly qualified teacher requirements. In very small 
rural schools, particularly in my State, we will see a school where you 
have one teacher who is tasked with teaching multiple course subjects 
in the middle and in the high school grades.
  Under NCLB, the requirement is that the teacher must be highly 
qualified in each of these subject matter areas. But I have been 
listening to some of the teachers out in my remote communities. They 
may be hired to be the English teacher, but in a remote community with 
a small school, something may happen during the year. Say, the science 
teacher or the math teacher has left in the middle of the school year--
not an uncommon situation--they are not able to get anyone into that 
school to help. So now the English teacher is tasked to teach another 
subject.
  Under NCLB, he or she would then be required to be highly qualified 
in every subject they teach. So what my legislation would allow is for 
middle and high school teachers who work in schools with fewer than 200 
students and that have difficulty hiring and retaining qualified 
teachers in these areas to be deemed to be ``highly qualified'' if they 
have a degree or they pass a rigorous subject matter test in one of the 
core subjects they teach, as long as they can demonstrate they are 
highly effective at delivering instruction on a State-developed 
performance assessment.
  We are doing this in the State of Alaska now, where essentially a 
teacher can demonstrate, through the use of a video, their teaching 
methodology. But we must recognize we will have situations in our 
smaller schools, in our rural schools, where in order to be highly 
qualified in every core subject area they are teaching, we simply are 
not able to meet that. So we are asking for a level of flexibility for 
the States.
  We recognize it is vital that the teachers know the subjects they 
teach. This is critical. But it is also unreasonable to expect teachers 
in these very tiny schools to meet the current requirements in every 
single subject they may end up teaching. It is almost impossible for 
school districts to find and then hire such teachers. So this provision 
is offered as a compromise in these limited situations.
  The second area the legislation focuses on is how we determine or how 
we calculate Adequate Yearly Progress. My legislation would require the 
U.S. Department of Education to approve a State's use of a growth model 
for calculating Adequate Yearly Progress if that model meets the core 
requirements of No Child Left Behind.
  Now, we know it can be useful for teachers, certainly for the 
administrators, to know how one group of third grade students, how one 
class compares to, say, the next year's class. But it is much more 
useful for educators, students, and parents to know how well each 
individual child has mastered each year's State standards.
  As a parent, yes, I want to know how my son's class is advancing as a 
whole. But as a parent, I want to know how he is doing from year to 
year, not just how his third grade class did and how the next class 
coming up behind him is going to do. I want to know what it means for 
me and my child as an individual.
  Schools should be held accountable for how well they are addressing 
each child's needs. Is the child proficient? Is he or she on track to 
be proficient? Or is he or she falling behind? These are things parents 
want to know. Are the schools making great progress in bringing all 
children to great proficiency, or are they maybe just missing the mark, 
or are they having very systemic difficulties? We know so many of the 
States now have very robust data systems that will allow them to track 
this information. NCLB should allow them to use the statistical model 
that is going to be most useful. It will actually be the best indicator 
of how each child is doing.
  Another area the legislation addresses is the issue of school choice 
and tutoring. As you know, No Child Left Behind gives parents an 
opportunity to move their children out of a dysfunctional school. If 
the school fails to meet AYP 2 years running, then the next choice that 
is offered the parent is your child can go to another school. In some 
parts of my State, that is geographically, physically impossible, and 
we have made accommodations around that. In the more urban school 
districts in Alaska, what we have found is parents are not choosing, as 
a general rule, to exercise that option. They are looking for something 
else. The law requires school districts to offer the school choice and 
to set aside funds to pay for the transportation in year 2 of 
improvement status. Then, in year 3, schools are required to offer 
tutoring if they reach that needs improvement status then.
  What I am suggesting in my legislation as to school choice is that 
moving

[[Page 10542]]

children in year 2, if we fail to meet Adequate Yearly Progress, is too 
early in the process. Schools should be given the opportunity to 
address their deficiencies first, addressing them first within the 
school before they transport the students all over town. I think most 
parents agree with this. This is why, at least in Alaska, we are seeing 
fewer than 2 percent of parents choosing to transfer their children to 
another school. They would rather have those supplemental services 
offered in the school to see if they can't help address the needs of 
the child. Then if it still does not work, let's look to the next 
option.
  So my bill would flip the school choice and the tutoring. It would 
also limit the requirement for schools to offer these options to 
students who are not proficient rather than to all the children, 
including those who are being well served by the school. It would also 
allow the school districts to provide tutoring to students even if they 
are in improvement status. It is recognizing, again, we should look at 
the individual child and see if we can't tailor this to make it more 
responsive.
  As you know, assessing whether a child is proficient on State 
standards in a reliable and valid way is difficult. It is even more 
difficult when the child has a disability or has limited English 
proficiency. Research has not caught up with assessments for these 
subgroups, and no one is completely sure whether the tests they are 
giving these students are measuring what they know. Yet, NCLB requires 
that if a school does not make AYP for any subgroup for 6 years, the 
school district has the option to completely restructure that school. 
Similarly, a State has the option to restructure an entire school 
district.
  For those truly dysfunctional schools and districts, that may be 
appropriate as determined by the individual district or State. But if 
we do not even know if the assessment scores are valid and reliable, 
how do we justify taking over a school, firing its teachers, turning 
its governance over to another entity, or other such drastic measures? 
We cannot. But we recognize that each child with a disability, and each 
child who is limited English proficient deserves the best possible 
education.
  So that is why my bill would not allow a school or a school district 
to be restructured if: No. 1, the school missed AYP for one or both of 
those subgroups alone; and, No. 2, the school can show through a growth 
model that the students in those two subgroups are on track to be 
proficient.
  Another area in the legislation we focus on is our Native heritage 
languages. In Alaska, Hawaii, and several other States, Native 
Americans are working hard to keep their heritage languages and their 
cultures alive. Teachers will tell you, and the research backs them up, 
that Alaskan Native, Native Hawaiian, and American Indian students 
learn better when their heritage is a respected and vibrant part of 
their education. This is true of any child, but I think particularly 
true for these groups of Americans.
  Many schools around the country that serve these students have 
incorporated native language programs into their early curriculums--the 
curriculums in grades K-3. The problem is that in many instances, there 
is no valid and reliable way to assess whether the students have 
learned their State standards in that language. Neither is it valid to 
test what a student knows in a language they do not speak well.
  The example I will give you is that in the Lower Kuskokwim School 
District, in many of the schools, in an effort to get the children to 
connect with their education and to connect with their Yupik heritage, 
Yupik is taught in grades K-3. It is an immersion level program. If you 
go out there, the children are reading in Yupik. They are doing their 
math in Yupik. They are doing science experiments in Yupik. But then, 
in grade 3, they are required to test, under NCLB, in English.
  Now, not surprisingly, the children are not doing well on these 
tests. We need to anticipate the results. If you have not taught a 
child in a language in which they are going to be tested, perhaps, 
initially, they are not going to be performing at the level we want.
  I want to impress upon my colleagues the importance I believe we 
should place on allowing for those heritage languages to be preserved, 
to encourage our students in languages. Our research tells us--and I 
can tell you from a very personal experience with my two boys, who were 
part of a Spanish immersion program from the time they were in 
kindergarten through 8th grade in the public schools in Anchorage, they 
learned their sciences and math and geography and all their subjects in 
Spanish as well as English. Initially, you are a little anxious 
because: Are the test scores going to measure up? But what we can tell 
you is that by the time the children are being tested, certainly up in 
middle school, they are not only testing strong--very strong in both 
languages--but they know a second language very well.
  What my legislation will do in this area is allow schools with Native 
American language programs in States where there is no assessment in 
that heritage language to count the third graders--the first time they 
take the standardized tests--to count the students for participation 
rate only. It would then allow the school to make AYP if those students 
are proficient or on track to be proficient in grades 4 through 7.
  Then, the final area of my legislation is what I am calling the 
parent piece. As a parent, we know--you know; my colleague from the 
State of Washington was very involved with education before she came to 
the Senate as well--we all know as parents how important it is to be 
involved in our children's education.
  At the end of the day, not only did my husband and I check on our 
boys' homework, we asked them: What happened today? What is going on? I 
was PTA president at my kids' elementary school.
  NCLB recognizes that in many ways it is very important that parents 
are part of a child's education. But we also recognize we can be doing 
more. My bill would amend title II of NCLB, which authorizes subgrants 
for preparing, training, and recruiting teachers and principals, to 
allow--but not mandate--these funds to be used to develop parental 
engagement strategies, to train educators to communicate more 
effectively with parents, and better involve parents in their schools.
  We all know how great our Nation's teachers are. But our reality is, 
very few of them graduate from college having had a course on how to 
effectively communicate with parents. They know how important it is, 
but they are taught no techniques. Teachers are busy people. When a 
parent shows up at a classroom door and says: Hey, I am here to help, 
teachers often do not know how to react, how to allow them to help. 
Many teachers have difficulty communicating with parents, who may be 
working two jobs or have a different cultural background or language. 
This section of the bill would allow schools to spend some of their 
teacher training funds on these sorts of issues if they feel it would 
benefit their students.
  I know these five issues are not the only ones my colleagues and 
Americans may have with the No Child Left Behind Act. I have been 
talking with Alaskans all over the State about NCLB since I first came 
to the Senate. I look forward to working very hard on the 
reauthorization of the law this year with my colleagues. These, though, 
are the five issues that educators and parents in Alaska have told me 
are the most urgent for them, and I look forward to working to include 
them in the reauthorization as we move forward.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1236

       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 ``School Accountability 
     Improvements Act''.

[[Page 10543]]



     SEC. 2. HIGHLY QUALIFIED TEACHERS IN SMALL SCHOOLS.

       (a) Purpose.--The purpose of this section is to ensure that 
     teachers in public elementary and secondary schools know the 
     subject matter and curriculum that they are teaching and can 
     convey the subject matter to students.
       (b) Highly Qualified Teachers of Multiple Academic Subjects 
     in Small Schools.--Section 1119(a) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6319(a)) is 
     amended by adding at the end the following:
       ``(4) Exception for multi-subject teachers in small 
     schools.--
       ``(A) In general.--Notwithstanding section 9101(23) or any 
     other provision of this Act, a middle or secondary school 
     teacher who is employed to teach multiple core academic 
     subjects in a school designated as a small school under 
     subparagraph (B) but who is not highly qualified as the term 
     is defined in such section, shall be deemed to be highly 
     qualified for purposes of this Act if the teacher--
       ``(i) meets the requirements of subparagraph (A) of such 
     section;
       ``(ii) meets the requirements of subclause (I) or (II) of 
     subparagraph (B)(ii) of such section for 1 or more of the 
     core academic subjects that the teacher teaches; and
       ``(iii) demonstrates highly effective delivery of 
     instruction on a performance assessment, developed or adopted 
     by the State within which the small school is located, that 
     assesses skills that are widely accepted as necessary for the 
     effective delivery of instruction.
       ``(B) Small school.--A State educational agency shall 
     designate a school as a small school for a school year if the 
     State educational agency determines, based on evidence 
     provided by the local educational agency serving the school, 
     that the school--
       ``(i) has unique staffing or hiring challenges that require 
     1 or more teachers at the school to teach multiple core 
     academic subjects for such year;
       ``(ii) has made a reasonable effort to recruit and retain 
     for such year middle or secondary school teachers who meet 
     the requirements of subparagraph (A) and either subparagraph 
     (B) or (C) of section 9101(23), to teach all students 
     attending the school; and
       ``(iii) had an average daily student membership of less 
     than 200 students for the previous full school year.''.

     SEC. 3. GROWTH MODELS.

       Section 1111(b)(2) of the Elementary and Secondary 
     Education Act (20 U.S.C. 6311(b)(2)) is amended by adding at 
     the end the following:
       ``(L) Growth models.--
       ``(i) In general.--In the case of a State that desires to 
     satisfy the requirements of a single, statewide State 
     accountability system under subparagraph (A) through the use 
     of a growth model, the Secretary shall approve such State's 
     use of the growth model if--

       ``(I) the State plan ensures that 100 percent of students 
     in each group described in subparagraph (C)(v)--

       ``(aa) meet or exceed the State's proficient level of 
     academic achievement on the State assessments under paragraph 
     (3) by the 2013-2014 school year; or
       ``(bb) are making sufficient progress to enable each 
     student to meet or exceed the State's proficient level on 
     such assessments for the student's corresponding grade level 
     not later than the student's final year in secondary school;

       ``(II) the State plan complies with all of the requirements 
     of this paragraph, except as provided in clause (ii);
       ``(III) the growth model is based on a fully approved 
     assessment system;
       ``(IV) the growth model calculates growth in student 
     proficiency for the purposes of determining adequate yearly 
     progress either by individual students or by cohorts of 
     students, and may use methodologies, such as confidence 
     intervals and the State-approved minimum designations, that 
     will yield statistically reliable data;
       ``(V) the growth model includes all students; and
       ``(VI) in the case of a growth model that tracks individual 
     students, the State has the capacity to track and manage the 
     data efficiently and effectively.

       ``(ii) Special rule.--Notwithstanding any other provision 
     of law, for purposes of any provision that requires the 
     calculation of a number or percentage of students who must 
     meet or exceed the proficient level of academic achievement 
     on a State assessment under paragraph (3), a State using a 
     growth model approved under clause (i) shall calculate such 
     number or percentage by counting--

       ``(I) the students who meet or exceed the proficient level 
     of academic achievement on the State assessment; and
       ``(II) the students who, as demonstrated through the growth 
     model, are making sufficient progress to enable each student 
     to meet or exceed the proficient level on the assessment for 
     the student's corresponding grade level not later than the 
     student's final year in secondary school.''.

     SEC. 4. SCHOOL CHOICE AND SUPPLEMENTAL EDUCATIONAL SERVICES.

       (a) School Choice and Supplemental Educational Services.--
     Section 1116(b) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6316(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking subparagraph (E) and inserting the 
     following:
       ``(E) Supplemental educational services.--In the case of a 
     school identified for school improvement under this 
     paragraph, the local educational agency shall, not later than 
     the first day of the school year following such 
     identification, make supplemental educational services 
     available consistent with subsection (e)(1).''; and
       (B) by striking subparagraph (F);
       (2) by striking paragraph (5) and inserting the following:
       ``(5) Failure to make adequate yearly progress after 
     identification.--
       ``(A) In general.--In the case of any school served under 
     this part that fails to make adequate yearly progress, as set 
     out in the State's plan under section 1111(b)(2), by the end 
     of the first full school year after identification under 
     paragraph (1), the local educational agency serving such 
     school shall--
       ``(i) provide students in grades 3 through 12 who are 
     enrolled in the school and who did not meet or exceed the 
     proficient level on the most recent State assessment in 
     mathematics or in reading or language arts with the option to 
     transfer to another public school served by the local 
     educational agency in accordance with subparagraph (B);
       ``(ii) continue to make supplemental educational services 
     available consistent with subsection (e)(1); and
       ``(iii) continue to provide technical assistance.
       ``(B) Public school choice.--
       ``(i) In general.--In carrying out subparagraph (A)(i) with 
     respect to a school, the local educational agency serving 
     such school shall, not later than the first day of the school 
     year following such identification, provide all students 
     described in subparagraph (A)(i) with the option to transfer 
     to another public school served by the local educational 
     agency, which may include a public charter school, that has 
     not been identified for school improvement under this 
     paragraph, unless such an option is prohibited by State law.
       ``(ii) Rule.--In providing students the option to transfer 
     to another public school, the local educational agency shall 
     give priority to the lowest achieving children from low-
     income families, as determined by the local educational 
     agency for purposes of allocating funds to schools under 
     section 1113(c)(1).
       ``(C) Transfer.--Students who use the option to transfer 
     under subparagraph (A)(i), paragraph (7)(C)(i) or (8)(A)(i), 
     or subsection (c)(10)(C)(vii) shall be enrolled in classes 
     and other activities in the public school to which the 
     students transfer in the same manner as all other children at 
     the public school.''; and
       (3) in paragraph (8)(A)(i), by striking ``all''.
       (b) Supplemental Educational Services Providers.--Section 
     1116(e) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6316(e)) is amended--
       (1) by redesignating paragraph (12) as paragraph (13);
       (2) by inserting after paragraph (11) the following:
       ``(12) Rule regarding providers.--Notwithstanding paragraph 
     (13)(B), a local educational agency identified under 
     subsection (c) that is required to arrange for the provision 
     of supplemental educational services under this subsection 
     may serve as a provider of such services in accordance with 
     this subsection.''; and
       (3) in paragraph (13)(A) (as redesignated by paragraph 
     (1)), by inserting ``, who is in any of grades 3 through 12 
     and who did not meet or exceed the proficient level on the 
     most recent State assessment in mathematics or in reading or 
     language arts'' before the semicolon.

     SEC. 5. CALCULATING ADEQUATE YEARLY PROGRESS FOR STUDENTS 
                   WITH DISABILITIES AND STUDENTS WITH LIMITED 
                   ENGLISH PROFICIENCY.

       Section 1116 of the Elementary and Secondary Education Act 
     of 1965 (as amended by section 4) (20 U.S.C. 6316) is further 
     amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following:
       ``(h) Partial Satisfaction of AYP.--
       ``(1) Schools.--Notwithstanding this section or any other 
     provision of law, in the case of a school that failed to make 
     adequate yearly progress under section 1111(b)(2) solely 
     because the school did not meet or exceed 1 or more annual 
     measurable objectives set by the State under section 
     1111(b)(2)(G) for the subgroup of students with disabilities 
     or students with limited English proficiency, or both such 
     subgroups--
       ``(A) if such school is identified for school improvement 
     under subsection (b)(1), such school shall only be required 
     to develop or revise and implement a school plan under 
     subsection (b)(3) with respect to each such subgroup that did 
     not meet or exceed each annual measurable objective; and
       ``(B) if such school is identified for restructuring under 
     subsection (b)(8), the local educational agency serving such 
     school shall not be required to implement subsection 
     (b)(8)(B) if the local educational agency demonstrates

[[Page 10544]]

     to the State educational agency that the school would have 
     made adequate yearly progress for each assessment and for 
     each such subgroup for the most recent school year if the 
     percentage of students who met or exceeded the proficient 
     level of academic achievement on the State assessment was 
     calculated by counting--
       ``(i) the students who met or exceeded such proficient 
     level; and
       ``(ii) the students who are making sufficient progress to 
     enable each such student to meet or exceed the proficient 
     level on the assessment for the student's corresponding grade 
     level not later than the student's final year in secondary 
     school, as demonstrated through a growth model that meets the 
     requirements described in subclauses (III) through (VI) of 
     section 1111(b)(2)(L)(i).
       ``(2) Local educational agencies.--Notwithstanding this 
     section or any other provision of law, in the case of a local 
     educational agency that is identified for corrective action 
     under subsection (c)(10) solely because the local educational 
     agency did not meet or exceed 1 or more annual measurable 
     objectives set by the State under section 1111(b)(2)(G) for 
     the subgroup of students with disabilities or students with 
     limited English proficiency, or both such subgroups, the 
     State educational agency shall not be required to implement 
     subsection (c)(10) if the State educational agency 
     demonstrates to the Secretary that the school would have made 
     adequate yearly progress for each assessment and for each 
     such subgroup if the percentage of students who met or 
     exceeded the proficient level of academic achievement on the 
     State assessment was calculated by counting--
       ``(A) the students who meet or exceed such proficient 
     level; and
       ``(B) the students who are making sufficient progress to 
     enable each such student to meet or exceed the proficient 
     level on the assessment for the student's corresponding grade 
     level not later than the student's final year in secondary 
     school, as demonstrated through a growth model that meets the 
     requirements described in subclauses (III) through (VI) of 
     section 1111(b)(2)(L)(i).''.

     SEC. 6. NATIVE AMERICAN LANGUAGE PROGRAMS.

       Section 1111(b)(2) of the Elementary and Secondary 
     Education Act of 1965 (as amended by section 3) (20 U.S.C. 
     6316(b)(2)) is further amended by adding at the end the 
     following:
       ``(M) Native american language programs.--Notwithstanding 
     subparagraph (I) or any other provision of law--
       ``(i) a school serving students who receive not less than a 
     half day of daily Native language instruction in an American 
     Indian language, an Alaska Native language, or Native 
     Hawaiian in at least grades kindergarten through grade 2 for 
     a school year that does not have State assessments under 
     paragraph (3) available in the Native American language 
     taught at the school as provided for in paragraph 
     (3)(C)(ix)(III)--

       ``(I) shall assess students in grade 3 as required under 
     paragraph (3), and such students shall be included in 
     determining if the school met the participation requirements 
     for all groups of students as required under subparagraph 
     (I)(ii) for such school year; and
       ``(II) shall not include such assessment results for 
     students in grade 3 in determining if the school met or 
     exceeded the annual measurable objectives for all groups of 
     students as required under subparagraph (I)(i) for such 
     school year; and

       ``(ii) in the case of a school serving students in any of 
     grades 4 through 8 who received such Native American language 
     instruction, such school shall count for purposes of 
     calculating the percentage of students who met or exceeded 
     the proficient level of academic achievement on the State 
     assessment--

       ``(I) the students who met or exceeded such proficient 
     level; and
       ``(II) the students who are making sufficient progress to 
     enable each such student to meet or exceed such proficient 
     level on the assessment for the student's corresponding grade 
     level by the time the student enters grade 7, as demonstrated 
     through a growth model that meets the requirements described 
     in subclauses (III) through (VI) of paragraph (L)(i).''.

     SEC. 7. IMPROVING EFFECTIVE PARENTAL INVOLVEMENT.

       Section 2134 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6634) is amended--
       (1) in subsection (a)(2)(C), by inserting ``one or more 
     parent teacher associations or organizations,'' after ``such 
     local educational agencies,'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Optional Use of Funds.--An eligible partnership that 
     receives a subgrant under this section may use subgrant funds 
     remaining after carrying out all of the activities described 
     in subsection (a) for--
       ``(1) developing parental engagement strategies, with 
     accountability goals, as a key part of the ongoing school 
     improvement plan under section 1116(b)(3)(A) for a school 
     identified for improvement under section 1116(b)(1); or
       ``(2) providing training to teachers, principals, and 
     parents in skills that will enhance effective communication, 
     which training shall--
       ``(A) include the research-based standards and 
     methodologies of effective parent or family involvement 
     programs; and
       ``(B) to the greatest extent possible, involve the members 
     of the local and State parent teacher association or 
     organization in such training activities and in the 
     implementation of school improvement plans under section 
     1116(b)(3)(A).''.

     SEC. 8. CONFORMING AMENDMENTS.

       Section 1116 of the Elementary and Secondary Education Act 
     of 1965 (as amended by sections 4 and 5) (20 U.S.C. 6316) is 
     further amended--
       (1) in subsection (b)--
       (A) in paragraph (6)(F), by striking ``(1)(E),'';
       (B) in paragraph (7)(C)(i), by striking ``paragraph (1)(E) 
     and (F)'' and inserting ``subparagraphs (B) and (C) of 
     paragraph (5)'';
       (C) in paragraph (8)(A)(i), by striking ``paragraph (1)(E) 
     and (F)'' and inserting ``subparagraphs (B) and (C) of 
     paragraph (5)'';
       (D) in paragraph (9)--
       (i) by striking ``paragraph (1)(E)'' and inserting 
     ``paragraph (5)(B)''; and
       (ii) by striking ``(1)(A), (5),'' and inserting 
     ``(5)(A),''; and
       (E) in paragraph (11), by striking ``(1)(A),'';
       (2) in subsection (c)(10)(C)(vii), by striking 
     ``subsections (b)(1)(E) and (F),'' and inserting 
     ``subparagraphs (B) and (C) of subsection (b)(5)'';
       (3) in subsection (e)(1), by inserting ``(1),'' after 
     ``described in paragraph'';
       (4) in subsection (f)(1)(A)(ii), by inserting ``(A)'' after 
     ``(b)(5)''; and
       (5) in subsection (g)(3)(A), by striking ``subsection 
     (b)(1)(E)'' and inserting ``subsection (b)(5)(B)''.
                                 ______
                                 
      By Mrs. CLINTON (for herself, Mr. Menendez, Mrs. Boxer, Ms. 
        Cantwell, Mr. Kerry, Mrs. Murray, and Mr. Lautenberg):
  S. 1240. A bill to provide for the provision by hospitals receiving 
Federal funds through the Medicare program or Medicaid program of 
emergency contraceptives to women who are survivors of sexual assault; 
to the Committee on Finance.
  Mrs. CLINTON. Mr. President, in recognition of National Crime 
Victim's Week, I am proud to reintroduce the ``Compassionate Assistance 
for Rape Emergencies Act,'' a bill that will help rape and incest 
survivors across the country get the medical care they need and 
deserve.
  Women deserve access to emergency contraception. For millions of 
women, it represents peace of mind. For survivors of rape and incest, 
it allows them to avoid the additional trauma of facing an unintended 
pregnancy. This bill makes emergency contraception available for 
survivors of rape and incest at any hospital receiving public funds.
  Every 2 minutes a woman is sexually assaulted in the U.S. and each 
year, 25 to 32,000 women become pregnant as a result of rape or incest. 
According to a study published in the American Journal of Obstetrics 
and Gynecology, 50 percent of those pregnancies end in abortion.
  By providing access to emergency contraception, up to 95 percent of 
those unintended pregnancies could be prevented if emergency 
contraception is administered within the first 24 to 72 hours.
  I am proud that for 4 years, this has already been law in New York 
State. Survivors of rape and incest receive information and access to 
emergency contraception at every hospital in the State. In New York 
City, women are benefiting from Mayor Bloomberg's significant 
initiative to expand access to emergency contraception and family 
planning services and improve maternal and infant outcomes. I applaud 
this focus on increasing awareness about emergency contraception--to 
all women--so that we can work together at decreasing the rate of 
unintended pregnancy in this country.
  Last year, the FDA made emergency contraception available over the 
counter for women 18 years of age and older. Despite the ideologically 
driven agenda against Plan B, research shows that emergency 
contraception is safe and effective for preventing pregnancy. More than 
70 major medical organizations, including the American Academy of 
Pediatrics, recommended that Plan B be made available over the counter. 
This bill will make sure hospitals provide women in crisis with the 
necessary information to evaluate this option for themselves. In 
addition, the bill ensures that patients can receive

[[Page 10545]]

post-exposure treatment for sexually transmitted infections for which 
the deferral of treatment either would significantly reduce treatment 
efficacy or would pose substantial risk to the individual's health.
  Public health employees at the Centers for Disease Control and 
Prevention include access to emergency contraception as a protocol and 
viable option for these victims. The U.S. Department of Justice 
guidelines, however, make no reference to emergency contraception as a 
potential option for rape and incest victims. This is why I'm 
introducing this legislation today.
  It is my sincere hope that my colleagues join me in the fight to 
better protect and serve our Nation's rape and incest survivors.
                                 ______
                                 
      By Mr. GRASSLEY:
  S. 1241. A bill to amend the Internal Revenue Code of 1986 to clarify 
student housing eligible for the low-income housing credit, and for 
other purposes; to the Committee on Finance.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that a bill 
introduced by me today to amend the Internal Revenue Code of 1986 to 
clarify student housing eligible for the low-income housing credit, and 
for other purposes, be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1241

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

     SECTION 1. CLARIFICATION OF STUDENT HOUSING ELIGIBLE FOR LOW-
                   INCOME HOUSING CREDIT.

       (a) In General.--Subclause (I) of section 42(i)(3)(D)(ii) 
     of the Internal Revenue Code of 1986 (relating to certain 
     students not to disqualify unit) is amended to read as 
     follows:

       ``(I) single parents and their children and such parents 
     are not dependents (as defined in section 152, determined 
     without regard to subsections (b)(1), (b)(2), and (d)(1)(B) 
     thereof) of another individual and such children are not 
     dependents (as so defined) of another individual other than a 
     parent of such children, or.''

       (b) Effective Date.--The amendment made by this section 
     shall apply to--
       (1) housing credit amounts allocated before, on, or after 
     the date of the enactment of this Act, and
       (2) buildings placed in service before, on, or after such 
     date to the extent paragraph (1) of section 42(h) of the 
     Internal Revenue Code of 1986 does not apply to any building 
     by reason of paragraph (4) thereof.
                                 ______
                                 
      By Mr. TESTER:
  S. 1242. A bill to amend the Federal Crop Insurance Act and Farm 
Security and Rural Investment Act of 2002 to establish a biofuel pilot 
program to offer crop insurance to producers of experimental biofuel 
crops and a program to make loans and loan guarantees to producers of 
experimental biofuel crops; to the Committee on Agriculture, Nutrition, 
and Forestry.
  Mr. TESTER. Mr. President, I rise here today to introduce the Biofuel 
Crop Insurance Act to provide a safety net to innovative American 
farmers.
  America's addiction to foreign oil is one of the greatest threats to 
our national security and our economy. At the same time climate change 
is threatening the world as we know it. We are experiencing wildly 
shifting weather patterns, prolonged drought, intense hurricanes and 
melting glaciers and icecaps. We need to do something to change our 
energy sources to clean and domestic options, and our farmers and rural 
communities are leading the way.
  Unfortunately, some of the best potential crops for biofuel 
production lack the same government safety nets like crop insurance and 
loans that our commodity crops have. This legislation is designed to 
change that by allowing the USDA to expedite the process for approving 
insurance to dedicated biofuel crops.
  In the last few years the ethanol industry has experienced explosive 
growth. Ethanol is good for farmers, rural communities and our 
consumers. I for one would rather buy my fuel from farmers in the 
Midwest than dictators in the Mideast.
  Corn will continue to be king of ethanol for some time. But we need 
to start using other crops for ethanol and biodiesel production, 
because if there is one thing that our recent energy crisis has taught 
us it is that diversity is critical. We need to expand the use of crops 
that don't compete with our food system that can be grown in different 
parts of the country, are more affordable, and require fewer inputs 
than corn.
  In Montana, farmers are planting an oil seed crop called camelina 
because it can be grown on marginal lands, with few inputs, and high 
profits. Its oil can be crushed and made into biodiesel on farms and 
small communities' rural landscapes. Camelina can be used in rotation 
with other crops such as wheat and barley and bring new money and new 
development to rural States like Montana, Washington, Idaho, and the 
Dakotas. Montana State University is one of several academic 
institutions that have done extensive research into the crop in regards 
to what it needs to grow, where to grow it, and what farmers can expect 
it to produce. All their tests are positive and this year we expect 
that up to 20,000 acres of camelina will be planted in Montana alone. 
Unfortunately, farmers are hesitant to seize this opportunity because 
they lack an insurance safety net, and their banks won't loan them 
money to plant crops that aren't insured.
  Being a farmer myself, I know how agriculture is beholden to Mother 
Nature. A dry year, a bad hail storm or a late frost can destroy a 
year's worth of work. Farmers need safety nets, not handouts. Crop 
insurance is a market mechanism that can mitigate risk for farmers. The 
legislation I'm introducing today will be directly responsible for 
extensive growth of camelina, and the emergence of a biodiesel industry 
for States like Montana.
  If I wasn't here right now, I would be sitting on my tractor in Big 
Sandy, MT, planting oil seed crops on my farm and learning how to 
process and crush oil seeds to make biodiesel. I use 3,000 gallons of 
diesel fuel a year on my farm, and anxiously await the day when I can 
use fuel grown on my land or bought from my neighbors instead of 
imported from overseas.
  This bill sets up a pilot insurance program for dedicated biofuel 
crops that displace petroleum products, and provides loans for 
stabilization of farm income and marketing assistance. It also creates 
grants for research into planting and harvesting techniques and grants 
to study the use of biofuel meal used as animal feeds.
  I believe this bill will spark a biodiesel industry across the 
Northern Great Plains and I encourage my colleagues to support this 
legislation as it moves forward.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mr. Dodd, Mr. Harkin, Ms. Mikulski, 
        Mr. Bingaman, Mrs. Murray, Mrs. Clinton, Mr. Obama, Mr. 
        Sanders, Mr. Brown, Mr. Inouye, Mr. Biden, Mr. Rockefeller, 
        Mrs. Boxer, Mr. Feingold, Mr. Durbin, Mr. Schumer, Mr. 
        Lautenberg, Mr. Menendez, Mr. Casey, and Mrs. McCaskill):
  S. 1244. A bill to amend the Occupational Safety and Health Act of 
1970 to expand coverage under the Act, to increase protections for 
whistleblowers, to increase penalties for certain violators, and for 
other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. KENNEDY. Mr. President, today I am pleased to introduce the 
Protecting America's Workers Act.
  This week, on Workers' Memorial Day, we remember those who have been 
killed or injured on the job, and we reaffirm our commitment to workers 
and their families to do all we can to end these senseless tragedies.
  We've made progress in protecting worker safety since we passed the 
Occupational Safety and Health Act in 1970.
  But too many workers still are not safe. In 2005 alone, over 5,700 
workers were killed on the job. Over 4 million became ill or were 
injured. That's nearly 16 deaths and 12,000 workplace injuries or 
illnesses each and every day.
  Last year, the tragic deaths of miners at Sago and Alma mines showed 
us the gaps and shortcomings in mine safety. Across the country, 
America saw the senseless deaths of workers

[[Page 10546]]

and the suffering of their families and friends. Every day, workers in 
other industries are facing equally dangerous conditions. Those dangers 
may not make headlines, but they continue to threaten workers' health, 
their lives, and their families' security.
  One of the most obvious problems is that literally millions of 
employees today are not covered by our safety laws. Too many other 
firms blatantly ignore the law and refuse to do what is necessary to 
keep their employees safe.
  Too often, as well, we find that those responsible for administering 
our safety laws aren't doing their job--not issuing new safety 
standards, not vigorously enforcing the law, and not even going after 
the worst offenders.
  Many companies are doing too little to deal with this challenge. Some 
employers blatantly ignore the law, but are rarely held accountable, 
even when their actions or neglect kill a loyal employee who works for 
them. Criminal penalties are so low that prosecutors don't pursue these 
cases. And employers who repeatedly violate the law--time and time 
again--pay only minimal fines, which they treat as just another cost of 
doing business.
  American workers and their families are paying the price. This 
includes people like Mike Morrison, who was killed while installing 
pipes at a construction site in Florida, when the nine-foot-deep trench 
he was working in collapsed. An OSHA investigation found that the 
trench had not been secured properly before workers were sent into it. 
The employer whose failures had killed Mike was fined a mere $21,000, a 
slap on the wrist. Two years earlier, the company had been cited and 
fined for other safety violations. As Mike's step-daughter Michelle 
says, ``If the penalties had been more substantial two years ago, maybe 
Mike's company would have complied with the law and protected him 
properly, and maybe he'd still be with us today.''
  Or Eleazar Torres-Gomez, who was killed working at a laundry facility 
in Tulsa, OK, where he had been employed for seven years. Eleazar was 
dragged into an industrial dryer, where the temperatures were near 300 
degrees. The company he worked for had been previously fined for not 
installing protective guards on a similar dryer and belt at one of its 
other plants. Eleazar's eldest son Emanuel said, ``If the company had 
added the guards, which it knew were required by OSHA, my father would 
be alive today. The sorrow we feel is overwhelming.''
  And they include workers like Tracee Binion, a science teacher in 
Pinson, AL. Tracee became ill after renovations on her school exposed 
her to chemicals in unventilated classrooms. She developed chemical 
pneumonitis and chemically-induced asthma, lost weeks of school and to 
this day must manage her asthma with medication. In Alabama, Tracee and 
thousands of teachers like her are not covered by our safety laws. They 
have no one to call when they need protection from workplace hazards.
  We need to do everything we can to see that other workers and their 
families don't have to suffer the same grief.
  Congress can take concrete steps to address many of these failures. 
That's why today we are reintroducing the Protecting America's Workers 
Act. This legislation will do several key things:
  It expands the coverage of our safety laws to protect 8.6 million 
public employees and transportation workers.
  It requires OSHA to investigate every case where a worker is killed 
or seriously injured. And it gives family members greater rights to be 
part of accident investigations.
  It also protects workers who speak up about unsafe conditions on the 
job, by bringing OSHA whistleblower laws in line with protections in 
other areas.
  It puts real teeth in our safety laws by increasing penalties. These 
penalties have not been raised since 1990. This bill sets a minimum 
penalty of $50,000 for a worker's death caused by a willful safety 
violation. And it increases the maximum criminal penalty for killing or 
seriously injuring a worker to ten years of prison, instead of six 
months.
  Beyond this legislation, we must also find new and smarter ways of 
keeping workers safe. We must shine a light on OSHA to ensure that our 
safety laws are implemented the way they were intended--to protect 
workers by preventing hazards on the job. The administration needs to 
put workers first and get the job done.
  It's time to send a message to those who put their employees in 
harm's way that life and health must be valued above profit and greed. 
It's time to redouble our efforts and make our commitment a reality. 
It's time for Congress to act, so that the hardworking men and women of 
our country get what they deserve at last--the security of a safe and 
healthy workplace.
  I urge my colleagues to join me in fighting for safe workplaces for 
all of America's workers. The best way for Congress to honor the 
Nation's hardworking men and women on this Worker's Memorial Day is to 
end our complacency and see that the full promise of OSHA becomes a 
genuine reality for every working family in every community in America.
                                 ______
                                 
      By Mr. CARDIN (for himself, Ms. Mikulski, and Mr. Warner):
  S. 1245. A bill to reform mutual aid agreements for the National 
Capitol Region; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. CARDIN. Mr. President, today I am introducing legislation that 
will improve mutual aid agreements for the National Capitol Region. 
Senators Mikulski and Warner are original co-sponsors of my bill.
  The Intelligence Reform and Terrorism Prevention Act of 2004 contains 
provisions for cooperation among the National Capital Region's 
jurisdictions in the event of a regional or national emergency. Since 
that time, a model mutual aid agreement has been approved by 20 of the 
21 jurisdictions in the Washington Council of Governments, the State of 
Maryland, the Commonwealth of Virginia, the Metropolitan Washington 
Airports Authority, and the Washington Metropolitan Area Transit 
Authority. The model mutual aid agreement is designed to append 
operational plans across the spectrum of public safety disciplines, 
including police, fire and rescue, public health, water supply, and 
debris removal, among others. This has opened the way for the region's 
governments to begin hammering out the details of how emergency 
responses will actually be executed.
  As the jurisdictions began working on the mutual aid agreements, 
concern arose that drinking water and wastewater utilities were not 
included in the original language. The Metropolitan Washington Council 
of Governments brought this issue to my attention. Today's legislation 
will remedy the situation by providing a commonsense solution that will 
allow our drinking water and wastewater facilities' staffs to 
participate as appropriate in the mutual aid agreements.
  Current law allows the jurisdictions in the Washington metropolitan 
area to share their personnel freely in the event of a national 
emergency. Firefighters in Fairfax County, for example, could be 
enlisted to support their counterparts in the District of Columbia or 
in Maryland in the event of a national or regional emergency. 
Similarly, emergency responders in Montgomery and Prince George's 
counties could support their counterparts in Alexandria or Arlington.
  This legislation simply extends that same commonsense approach to 
drinking water and wastewater treatment authorities. If a drinking 
water plant were to become disabled because of a natural disaster or 
terrorist attack, this bill would allow licensed engineers to cross 
jurisdictional boundaries to come to the aid of the disabled system and 
the thousands of regional residents who depend on these vital systems 
for safe drinking water.
  This legislation has the support of the Metropolitan Washington 
Council of Governments and the National Capital Region Water Security 
Workgroup, chaired by the Fairfax County Water Authority.
  One section of the legislation requires some explanation. That 
section relates to the terms ``agent'' and ``volunteer.'' It is 
anticipated that the region's localities will rely on a variety

[[Page 10547]]

of authorized agents and volunteers to assist in fulfilling their 
mutual aid response obligations. The act currently includes agents and 
volunteers in the definition of ``employee'' and requires that all 
agents and volunteers be ``committed in a mutual aid agreement'' to 
prepare for or respond to an emergency. It has become apparent in 
developing operational plans, however, that it is not likely that a 
complete list of agents and volunteers will be identified and become 
parties to a mutual aid agreement with one or more of the region's 
localities. Instead, it is more likely that agents and volunteers will 
be associated with a locality through a mechanism other than an actual 
mutual aid agreement. Moreover, it is probable that the association 
with an agent or volunteer will arise only in direct response to a 
particular emergency. For example, a locality may find it necessary to 
call upon volunteer fire companies to respond to a particular fire-
related event that threatens to overwhelm the localities' resources. In 
such an instance, the agent and volunteers, as well as the locality 
that has called upon them, should be accorded the liability protections 
of the act. Perhaps more importantly, it is preferred by the region's 
localities that a list of agents and volunteers not be brought within 
the scope of the act prospectively and on a continuous basis, but only 
as the need arises on a case-by-case basis.
  The legislation I am introducing today simply strikes ``agents and 
volunteers'' from the definition of ``employee'' and expressly extends 
the liability protections of the act to agents. This term, consistent 
with common dictionary usage, would encompass authorized volunteers. 
The proposed language was drafted and approved by members of the 
Council of Governments' Attorneys Committee, consisting of the lead 
counsel of all 21 COG jurisdictions, with participation by the two 
State's Attorneys General offices.
  In short, this legislation will give local jurisdictions the ability 
to respond fully and appropriately to the full range of emergencies 
that they may face. I urge the Senate to pass this bill as 
expeditiously as possible so that we can give these local and State 
governments the tools they need to meet the challenges that the future 
may present.
  Mr. President, I ask unanimous consent that the text of the 
legislation be printed in the Record following my remarks.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1245

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

     SECTION 1. REFORM OF MUTUAL AID AGREEMENTS FOR THE NATIONAL 
                   CAPITAL REGION.

       Section 7302 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 5196 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4), by striking ``, including its agents 
     or authorized volunteers,''; and
       (B) in paragraph (5), by striking ``or town'' and all that 
     follows and inserting ``town, or other governmental agency, 
     governmental authority, or governmental institution with the 
     power to sue or be sued in its own name, within the National 
     Capital Region.'';
       (2) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``, the Washington Metropolitan 
     Area Transit Authority, the Metropolitan Washington Airports 
     Authority, and any other governmental agency or authority''; 
     and
       (3) in subsection (d), by striking ``or employees'' each 
     place that term appears and inserting ``, employees, or 
     agents''.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Mr. Brownback, and Mr. Akaka):
  S. 1246. A bill to establish and maintain a wildlife global animal 
information network for surveillance internationally to combat the 
growing threat of emerging diseases that involve wild animals, such as 
bird flu, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. LIEBERMAN. Mr. President, today, Senator Brownback, Senator 
Akaka, and I are introducing legislation that establishes a wildlife 
global animal information network for surveillance to enhance 
preparedness and awareness of emerging infectious diseases.
  More than 60 percent of the approximately 1,400 currently known 
infectious diseases are shared between wildlife and humans. Over the 
past 30 years we have had many emerging infectious disease outbreaks, 
including hantavirus, plague, ebola, HIV/AIDS, SARS, and H5N1 
influenza. In fact, more than 35 new infectious diseases have emerged 
in humans since 1980, which means that approximately one new infectious 
disease in humans has appeared every 8 months. These diseases have 
resulted in many deaths and billions of dollars in costs.
  Millions of wild animals are traded globally and come into contact 
with humans and dozens of other species, contributing to the 
introduction of new diseases in humans. There are numerous examples of 
these spreading viruses that pose significant threats across the globe. 
For instance, the spreading H5N1 virus, a highly pathogenic avian 
influenza (HPAI) strain, is a significant threat to global human 
health, the global poultry industry, and the global economy more 
generally. The emerging infectious disease HIV/AIDS, whose origin has 
been traced back to the human consumption of African nonhuman primates, 
has had a devastating impact in the developing world, with over 40 
million people worldwide living with HIV/AIDS and 3 million AIDS deaths 
globally in 2006. Despite the threats that these and future diseases 
pose, we lack a comprehensive and coordinated approach to monitoring 
these emerging infectious diseases and the nexus between wildlife, 
people, and domestic animals.
  Our legislation would establish a Wildlife Global Animal Information 
Network for Surveillance (GAINS). This Wildlife GAINS system would 
include Federal and State agency partners, multilateral agency 
partners, conservation organizations with expertise in wildlife 
monitoring and surveillance, veterinary and medical schools, and other 
national and international partners. The legislation encourages the 
establishment of critical public-private partnerships because of the 
unique strengths and capabilities that NGOs have in developing 
countries. They will play a key role in assisting developing countries 
develop much needed surveillance mechanisms and in facilitating the 
dissemination of critical data to all partners.
  USAID has taken a leadership role and already committed $192 million 
for avian influenza preparedness and response activities in developing 
countries affected by the H5N1 virus. Congress must support these 
efforts establishing a comprehensive worldwide wildlife health 
surveillance system to detect and track emerging infectious diseases.
  Wildlife GAINS would be a comprehensive tool to prevent the outbreak 
and spread of new diseases that have no treatments or cures. We must 
prevent and detect the next generation of infectious diseases to 
prevent the pain and suffering that diseases such as HIV/AIDS and H5N1 
have caused millions all over the world.
  Mr. AKAKA. President, I rise to join my colleagues, Senators 
Lieberman and Brownback in introducing legislation establishing a 
wildlife global animal information network for detection of emerging, 
highly contagious diseases in non-agricultural animals. This bill is an 
important part of efforts to prevent and respond to natural or 
intentional pandemic disease outbreaks in the U.S.
  Our legislation focuses on the source of nearly all pandemic disease 
outbreaks over the last 30 years--zoonotic diseases, or diseases that 
originate in animals, either agricultural or non-agricultural, and, 
through mutation, are passed to humans. Avian influenza, West Nile 
Virus and severe acute respiratory syndrome (SARS) are all zoonotic 
diseases originating in animals and subsequently transmitted to humans. 
The prevalence of such diseases underscores the need to link veterinary 
health and public health arenas. America's infrastructure for pandemic 
flu preparedness and response

[[Page 10548]]

should therefore include the ability to monitor zoonotic diseases, 
creating an early warning and response system which will alert public 
health officials and animal health experts at the emergence of highly 
contagious diseases before they are passed to humans.
  The global animal information network for surveillance proposed in 
this bill has its roots in the activities of the U.S. Agency for 
International Development (USAID) to assist countries dealing with the 
most recent outbreak of the H5N1 strain of avian influenza. In close 
cooperation with the Centers for Disease Control and Prevention (CDC), 
the Departments of State, Defense, Agriculture, Homeland Security and 
the Wildlife Conservation Society, USAID is providing assistance to 
those countries most hard hit by avian influenza. To date, animal 
outbreaks have been reported in 55 countries, and 12 countries have had 
confirmed human cases. A total of 291 humans have been infected, 
resulting in 172 deaths. This translates into a case fatality rate of 
roughly 60 percent.
  To date, USAID has committed a total of $192 million for avian 
influenza assistance activities in these countries for preparedness and 
response. The goal of its activities is to lower the amount of 
circulating virus and limiting the opportunity for people to become 
infected with avian flu.
  Despite these efforts, many of which have demonstrated the 
effectiveness of interventions being used to control the spread of 
avian flu, this zoonotic disease continues to mutate and as such, 
persist as a threat, both to animals and to people. The animal 
surveillance network being proposed in this bill is one critical tool 
to detect other wildlife-based emergent contagious diseases before they 
impact humans and agricultural animals.
  While detecting and preventing these highly contagious diseases is 
critical for human health and economic stability, I would like to 
emphasize that, as the Government Accountability Office (GAO) observed 
in a 2000 report entitled ``West Nile Virus Outbreak: Lessons for 
Public Health Preparedness'', on the West Nile Virus outbreak in New 
York City, ``Because a bioterrorist event could look like a natural 
outbreak, bioterrorism preparedness rests in large part on public 
health preparedness.'' Creating early warning tools such as this one 
can aid efforts to protect the U.S. from natural outbreaks and 
deliberate bioterrorist attacks. While the network alone does not 
protect us, it does contribute to the mosaic of homeland security 
activities designed to protect Americans, and those in other countries 
most vulnerable to bioterrorist attacks.
  It is for this reason that I am pleased to join Senators Lieberman 
and Brownback in introducing this bill and urge its support.

                          ____________________