[Congressional Record (Bound Edition), Volume 155 (2009), Part 13]
[Senate]
[Pages 17215-17222]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LEVIN (for himself, Mr. Voinovich, Mr. Schumer, Mr. 
        Feingold, Mrs. Gillibrand, Mr. Durbin, and Ms. Stabenow):
  S. 1421. A bill to amend section 42 of title 18, United States Code, 
to prohibit the importation and shipment of certain species of carp; to 
the Committee on Environment and Public Works.
  Mr. LEVIN. Mr. President, today I am introducing the Asian Carp 
Prevention and Control Act to list bighead carp as injurious under the 
Lacey Act, along with Senators Voinovich, Schumer, Feingold, 
Gillibrand, Durbin and Stabenow. 
  Asian carp are a significant threat to the Great Lakes because they 
are large, extremely prolific, and consume vast amounts of food. The 
Bighead carp grow quickly and can grow to over 50 pounds. In addition 
to the harmful ecological impact that the Bighead carp has had to 
native fisheries, these fish pose a considerable hazard to boaters and 
can cause human and property injuries.
  The Bighead carp compete with native fish for food and habitat. The 
Bighead carp, along with the other species of Asian carp, account for 
the majority of fish in the Missouri River. These fish have little 
economic or sport value compared to native fish.
  The Bighead carp are used in aquaculture ponds in the South to 
control algae, and because of flooding in the 1990s, the fish escaped 
the aquaculture ponds and entered into the Mississippi River. They have 
spread to most of the Mississippi River watershed and the Missouri 
River. Because the Mississippi River is connected to the Great Lakes 
through a man-made sanitary and ship canal, the Asian carp are now 
close to invading the Great Lakes. Fortunately, the Corps of Engineers 
is operating an electric dispersal barrier to prevent the carp and 
other non-native fish from moving between the Mississippi River and the 
Great Lakes.
  I want to make sure that all pathways to introduce the Bighead carp 
are blocked. The legislation that I am introducing today would list the 
Bighead carp as injurious under the Lacey Act. Listing the Bighead carp 
as injurious would minimize the risk of intentional introduction by 
prohibiting the importation and interstate transportation of live Asian 
carp without a permit. This legislation would not interfere with 
existing state regulations of the fish, and permits to transport or 
purchase live Bighead carp may be issued for research or educational 
purposes. The Fish and Wildlife Service has already listed three other 
species of Asian carp as injurious through rulemaking procedures.
  I urge my colleagues to support this bill. This country is facing a 
serious challenge as a result of thousands of invasive species, like 
the Bighead carp, being introduced into this Nation.
                                 ______
                                 
      By Mrs. MURRAY (for herself, Mr. Webb, Mr. Dood, Ms. Murkowski, 
        Ms. Collins, and Mr. Bond):
  S. 1422. A bill to amend the Family and Medical Leave Act of 1993 to 
clarify the eligibility requirements with respect to airline flight 
crews; to the Committee on Health, Education, Labor, and Pensions.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
following colloquy be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                 Flight Crew Technical Corrections Act

       Mr. ENZI. Mr. President, I would like to engage my friend, 
     the Senator from Washington and the Chairman of the 
     Subcommittee on Employment and Workplace Safety, with whom I 
     have been pleased to work on many initiatives on behalf of 
     America's workforce, in a conversation about the bill she has 
     just introduced. I would like to take this opportunity to 
     clarify the treatment of workers contained in the Flight Crew 
     Technical Corrections Act before us today that pertains to 
     flight crews. Is it the Senator's understanding that her 
     legislation resolves a problem unique to flight crews--
     meaning flight attendants and pilots--and that no other group 
     of workers is addressed under this bill?
       Mrs. MURRAY. Yes, the Senator is correct. This bill is 
     narrowly constructed to address the unique situation faced by 
     flight attendants and pilots in the calculation of the hours 
     they need to qualify for leave under the Family Medical Leave 
     Act, FLMA. The FMLA eligibility calculation does not include 
     paid vacation, sick, medical or personal leave unless 
     otherwise agreed to in a collective bargaining agreement or 
     the employers manual. This bill reflects the intent of the 
     FMLA's original sponsors to provide an alternative way to 
     include flight crews that addresses the airline industry's 
     unique time-keeping methods. I am proud that the Flight Crew 
     Technical Corrections Act fixes a technical problem that has 
     left many full time flight crew members ineligible for Family 
     Medical Leave for many years due to the unique way their work 
     hours are calculated.
       Mr. ENZI. In other words, is it the Senator's understanding 
     that the bill should not be construed to apply to other 
     occupational groups that operate under reserve systems such 
     as health care, railway, and emergency services to seek 
     similar treatment?
       Mrs. MURRAY. Correct, this bill narrowly deals with flight 
     crews only. The bill is a technical correction for language 
     that was intended to be in the original Family Medical Leave 
     Act, but for some reason or another was left out. Flight 
     crews were specifically mentioned in the FLMA's legislative 
     history. Thus, I believe that the correction is clearly 
     appropriate for flight crews. If other groups were to attempt 
     an adjustment in their FMLA eligibility requirements, I 
     suggest that their situation and the ramifications of such an 
     adjustment would need to be examined on a case by case basis.
       Mr. ENZI. The Senator mentions the FLMA's legislative 
     history. Is it the Senator's further understanding that this 
     is the only group of employees which was intended to be 
     included with an alternative eligibility standard?
       Mrs. MURRAY. The Senator is correct. The original authors 
     stated that they did not intend to exclude flight crews in 
     unique circumstances from the bill's protection simply 
     because of the airline industry's ``unusual time keeping 
     methods''. They believed that these workers--flight 
     attendants and pilots--were entitled to family and medical 
     leave under the law based upon the situation they 
     specifically faced.
       This legislation received overwhelming bipartisan support 
     in the House of Representatives. I am pleased to present it 
     in the Senate with bipartisan support. This language was 
     drafted through a process that included representatives from 
     large and small airline carriers and carrier associations, 
     and organized labor. I need to recognize the work that 
     Senator Clinton did on this bill when she introduced its 
     precursor in the 110th Congress.
       Mr. ENZI. I would like to thank the Senator from Washington 
     and the former Senator from New York for the deliberative 
     process you both utilized while drafting this legislation. As 
     you know I am a frequent advocate for following Senate 
     Committee process so as to create the opportunity for all 
     affected stakeholders to be included in the process. In this 
     case, you have done an admirable job of vetting the 
     legislation with most stakeholders and produced a better 
     product.
       Mrs. MURRAY. 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:

[[Page 17216]]



                                S. 1422

       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 ``Airline Flight Crew 
     Technical Corrections Act''.

     SEC. 2. LEAVE REQUIREMENT FOR AIRLINE FLIGHT CREWS.

       (a) Inclusion of Airline Flight Crews.--Section 101(2) of 
     the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) 
     is amended by adding at the end the following:
       ``(D) Airline flight crews.--
       ``(i) Determination.--For purposes of determining whether 
     an employee who is a flight attendant or flight crewmember 
     (as such terms are defined in regulations of the Federal 
     Aviation Administration) meets the hours of service 
     requirement specified in subparagraph (A)(ii), the employee 
     will be considered to meet the requirement if--

       ``(I) the employee has worked or been paid for not less 
     than 60 percent of the applicable total monthly guarantee, or 
     the equivalent, for the previous 12-month period, for or by 
     the employer with respect to whom leave is requested under 
     section 102; and
       ``(II) the employee has worked or been paid for not less 
     than 504 hours (not counting time spent on vacation leave or 
     medical or sick leave) during the previous 12-month period, 
     for or by that employer.

       ``(ii) File.--Each employer of an employee described in 
     clause (i) shall maintain on file with the Secretary (in 
     accordance with such regulations as the Secretary may 
     prescribe) containing information specifying the applicable 
     monthly guarantee with respect to each category of employee 
     to which such guarantee applies.
       ``(iii) Definition.--In this subparagraph, the term 
     `applicable monthly guarantee' means--

       ``(I) for an employee described in clause (i) other than an 
     employee on reserve status, the minimum number of hours for 
     which an employer has agreed to schedule such employee for 
     any given month; and
       ``(II) for an employee described in clause (i) who is on 
     reserve status, the number of hours for which an employer has 
     agreed to pay such employee on reserve status for any given 
     month, as established in the applicable collective bargaining 
     agreement or, if none exists, in the employer's policies.''.

       (b) Calculation of Leave for Airline Flight Crews.--Section 
     102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2612(a)) is amended by adding at the end the following:
       ``(5) Calculation of leave for airline flight crews.--The 
     Secretary may provide, by regulation, a method for 
     calculating the leave described in paragraph (1) with respect 
     to employees described in section 101(2)(D).''.
                                 ______
                                 
      By Mrs. BOXER (for herself and Mr. Begich):
  S. 1423. A bill to amend title XIX of the Social Security Act to 
require coverage under the Medicaid Program for freestanding birth 
center services; to the Committee on Finance.
  Mrs. BOXER. Mr. President, I rise today to introduce the Medicaid 
Birth Center Reimbursement Act, which would help ensure that birth 
centers across our country can continue to provide quality and 
affordable care to thousands of mothers and newborns each year.
  There are almost 200 birth centers nationwide that provide quality 
and cost effective health care services, particularly for low-income 
families. Since 1987, birth centers have participated in Medicaid, but 
recently the Centers for Medicare and Medicaid Services, CMS, has begun 
to cut off access to these providers in several States including 
Alaska, South Carolina, Texas and Washington State--because the agency 
lacks clear statutory authority to pay birth centers to care for 
Medicaid patients.
  Although this problem has not yet affected my home State of 
California, if this policy is not reversed before the State begins to 
renegotiate its Medicaid plan, the same cuts will be forced on birth 
centers in California. Without reimbursement from Medicaid, birth 
centers in all States could be pushed to the brink of closure and 
thousands of low-income women could lose access to these vital 
services.
  At a time when Congress and the administration are working hard to 
increase access to health care for all Americans, we cannot afford to 
close birth centers that provide essential services to thousands of 
women and newborns every year.
  At a time when Congress and the administration are working hard to 
reduce waste, and cut down on costs in our nation's health care system, 
we cannot afford to cut off access to such cost-effective maternity 
care.
  The cost of care at birth centers is about $1,900 per birth, compared 
to an estimated $7,400 at hospitals. Right now as much as 27 percent of 
hospital charges under Medicaid go towards care for mothers and newborn 
infants. Just imagine how much unnecessary spending could be saved if 
more women were given the choice of going to a birth center to have 
their baby.
  Cutting off access to birth centers that provide quality, cost-
effective care is a step backward.
  Taking away choices from pregnant women trying to get essential 
health care services is a step backward.
  As I work with my colleagues to help push for comprehensive health 
reform, I urge them to join me in cosponsoring the Medicaid Birth 
Center Reimbursement Act, and taking an important step forward for 
mothers and newborns across our nation.
  I would also like to thank Reps. Susan Davis and Gus Bilirakis, who 
have championed this legislation in the House. I hope that this 
important legislation can be included in the health care reform efforts 
of the 111th Congress.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mrs. Hutchison, Ms. Collins, Ms. 
        Landrieu, Mrs. Shaheen, Mr. Sanders, Mr. Casey, Mr. Whitehouse, 
        Mr. Johnson, and Mrs. Gillibrand):
  S. 1425. A bill to increase the United States financial and 
programmatic contributions to promote economic opportunities for women 
in developing countries; to the Committee on Foreign Relations.
  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. 1425

       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 ``Global 
     Resources and Opportunities for Women To Thrive Act of 2009'' 
     or the ``GROWTH Act of 2009''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and statement of purpose.
Sec. 3. Microfinance and microenterprise development assistance for 
              women in developing countries.
Sec. 4. Support for women's small- and medium-sized enterprises in 
              developing countries.
Sec. 5. Support for private property rights and land tenure security 
              for women in developing countries.
Sec. 6. Support for women's access to employment in developing 
              countries.
Sec. 7. Trade benefits for women in developing countries.
Sec. 8. Exchanges between United States entrepreneurs and women 
              entrepreneurs in developing countries.
Sec. 9. Assistance under the Millennium Challenge Account.
Sec. 10. GROWTH Fund.
Sec. 11. Data collection.
Sec. 12. Support for women's organizations in developing countries.
Sec. 13. Report.
Sec. 14. Authorization of appropriations.

     SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Women around the world are especially vulnerable to 
     poverty. They tend to work longer hours, are compensated 
     less, and have less income stability and fewer economic 
     opportunities than men.
       (2) Women's share of the labor force is increasing in 
     almost all regions of the world. Women comprise more than 40 
     percent of the global labor force as well as 40 percent of 
     the labor force in eastern and southeastern Asia, sub-Saharan 
     Africa, and the Caribbean. Women comprise a third of the 
     labor force in Central America and nearly a third of total 
     employment in South Asia. About 250,000,000 young women will 
     enter the labor force worldwide before 2015.
       (3) Women are more likely to work in informal employment 
     relationships in poor countries compared to men. In sub-
     Saharan Africa, 84 percent of women are employed informally 
     compared to 71 percent of men. In the Middle East, 44 percent 
     of women are employed informally compared to 29 percent of 
     men. Informal employment is characterized by lower wages and 
     greater variability of earnings, less stability, absence of 
     labor organization, and fewer social protections than formal 
     employment.

[[Page 17217]]

       (4) Changes in the economy of a poor country affect women 
     and men differently. Women are disproportionately affected by 
     long-term recessions, crises, and economic restructuring and 
     they often miss out on many of the benefits of growth.
       (5) International trade can be an important tool for 
     economic development and poverty reduction. The benefits of 
     international trade should extend to all members of society, 
     particularly the world's poor women.
       (6) Policies that promote fair labor practices for women, 
     and access to information, education, land, credit, physical 
     capital, and social services can be a means of reducing 
     poverty, ensuring food security, and boosting productivity 
     and earnings for the economies of developing countries.
       (7) Expanding economic opportunity for women in developing 
     countries can have a positive effect on child nutrition, 
     health, and education, as women often invest their income in 
     their families. Increasing women's income can also decrease 
     women's vulnerability to HIV/AIDS, gender-based violence, and 
     trafficking, and make women more resistant to the impact of 
     natural disasters.
       (8) Policies that promote economic opportunities for women, 
     including microfinance and microenterprise development and 
     the promotion of women's small- and medium-sized businesses, 
     can be a means of generating gainful, safe, and dignified 
     employment for the poor.
       (9) Women play a vital, but often unrecognized, role in 
     averting violence, resolving conflict, and rebuilding 
     economies in postconflict societies. Women in conflict-
     affected areas face even greater challenges than men do in 
     accessing employment, training, property rights, credit, and 
     financial and nonfinancial resources for business 
     development. Policies designed to ensure economic opportunity 
     for women in conflict-affected areas play a significant role 
     in economic rehabilitation and consolidation of peace.
       (10) Given the important role of women in the economies of 
     poor countries, poverty alleviation programs funded by the 
     United States in poor countries should seek to enhance the 
     level of economic opportunity available to women in those 
     countries.
       (b) Statement of Purpose.--The purpose of this Act is to 
     ensure that the policies of the United States actively 
     promote development and economic opportunities for women, 
     including programs and policies that--
       (1) promote women's ability to start 
     micro-, small-, or medium-sized business enterprises, and 
     enable women to grow such enterprises, particularly from 
     micro- to small-sized enterprises and from small- to medium-
     sized enterprises, or sustain current business capacity;
       (2) promote the rights of women to own, manage, and inherit 
     property, including land, encourage the adoption of laws and 
     policies that support women in their efforts to enforce those 
     rights in administrative and judicial tribunals, and address 
     conflicts with country-specific legal regimes or practices 
     (often known as ``customary law'') to increase the ability of 
     women to inherit and own real property;
       (3) increase women's access to employment, enable women to 
     access higher quality jobs with better remuneration and 
     working conditions in both informal and formal employment, 
     and improve the quality of jobs in sectors dominated by women 
     by improving the remuneration and working conditions for 
     those jobs; and
       (4) bring the benefits of international trade policy to 
     women in developing countries and continue to ensure that 
     trade policies and agreements adequately reflect the 
     respective needs of poor women and men.

     SEC. 3. MICROFINANCE AND MICROENTERPRISE DEVELOPMENT 
                   ASSISTANCE FOR WOMEN IN DEVELOPING COUNTRIES.

       (a) Authorization; Implementation; Targeted Assistance.--
       (1) Authorization.--Section 252(a) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2211a(a)) is amended--
       (A) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively;
       (B) by striking ``The President is'' and inserting the 
     following:
       ``(1) In general.--The President is''; and
       (C) by adding at the end the following:
       ``(2) Assistance for women in developing countries.--In 
     providing assistance under paragraph (1), the President shall 
     pay special attention to the needs of women in developing 
     countries, including by--
       ``(A) carrying out specific activities to enhance the 
     empowerment of women in developing countries, such as 
     providing leadership training, basic health and HIV/AIDS 
     education, and assistance with the development of literacy 
     skills;
       ``(B) carrying out initiatives to eliminate legal and 
     institutional barriers to women's ownership of assets, access 
     to credit, access to information and communication 
     technologies, and engagement in business activities within or 
     outside of the home;
       ``(C) providing assistance for capacity building for 
     microfinance and microenterprise institutions to enable such 
     institutions to better meet the credit, savings, insurance, 
     and training needs of women who are microfinance and 
     microenterprise clients; and
       ``(D) carrying out microfinance and microenterprise 
     development programs that--
       ``(i) specifically target women with respect to outreach 
     and marketing;
       ``(ii) provide products specifically designed to address 
     women's assets and needs and the barriers women encounter 
     with respect to participating in enterprise and financial 
     services; and
       ``(iii) promote women's ability to grow micro-enterprises 
     to small- and medium-sized enterprises.''.
       (2) Implementation.--Section 252(b)(2)(C) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2211a(b)(2)(C)) is 
     amended--
       (A) in clause (ii)--
       (i) by striking ``microenterprise development field'' and 
     inserting ``microfinance and microenterprise development 
     field''; and
       (ii) by striking ``and'' at the end;
       (B) in clause (iii)--
       (i) by inserting after ``competitive'' the following: ``, 
     take into consideration the anticipated impact of the 
     proposals on the empowerment of women and men,''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following new clause:
       ``(iv) give preference to proposals from providers of 
     assistance that demonstrate the greatest knowledge of 
     clients' needs and capabilities, including proposals that 
     ensure that women are involved in the design and 
     implementation of services and programs.''.
       (3) Targeted assistance.--Section 252(c) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2211a(c)) is amended--
       (A) in the first sentence, by inserting before the period 
     the following: ``and an effort shall be made to target such 
     resources to women''; and
       (B) in the second sentence, by striking ``2006'' and 
     inserting ``2011''.
       (b) Monitoring System.--Section 253(b)(1) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2211b(b)(1)) is amended to 
     read as follows:
       ``(1) The monitoring system shall include performance goals 
     for the assistance and shall express such goals, to the 
     extent feasible--
       ``(A) in an objective and quantifiable form;
       ``(B) in a manner that describes the effects of such goals 
     on women and men, respectively; and
       ``(C) in a manner that describes the number of women and 
     the number of men benefiting from the assistance.''.
       (c) Microenterprise Development Credits.--Section 256(b)(2) 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2212(b)(2)) 
     is amended by inserting before the semicolon the following: 
     ``, especially the needs of clients who are women''.
       (d) Additional Report Requirements.--Section 258 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2214) is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(12) An estimate of the potential global demand for 
     microfinance and microenterprise development for women, 
     determined in collaboration with practitioners in a cost-
     effective manner, and a description of the Agency's plan to 
     help meet such demand.'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Additional Requirement.--All information in the 
     report required by this section relating to beneficiaries of 
     assistance authorized by this title shall be disaggregated by 
     sex to the maximum extent practicable.''.

     SEC. 4. SUPPORT FOR WOMEN'S SMALL- AND MEDIUM-SIZED 
                   ENTERPRISES IN DEVELOPING COUNTRIES.

       (a) In General.--The Secretary of State, acting through the 
     Administrator of the United States Agency for International 
     Development, shall--
       (1) where appropriate, carry out programs, projects, and 
     activities that meet the requirements described in subsection 
     (b) for enterprise development for women in developing 
     countries; and
       (2) ensure that any programs, projects, and activities for 
     enterprise development for women in developing countries that 
     are carried out pursuant to assistance provided under part I 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.) meet the requirements described in subsection (b).
       (b) Requirements.--A program, project, or activity 
     described in subsection (a) meets the requirements described 
     in this subsection if the program, project, or activity--
       (1) in coordination with the governments of developing 
     countries and interested individuals and organizations, 
     promotes the development or enhancement of laws, regulations, 
     or practices (including practices with respect to the 
     enforcement of such laws or regulations) that improve access 
     to banking and financial services for women-owned small- and 
     medium-sized enterprises;
       (2) promotes access to information and communication 
     technologies by providing training with respect to such 
     technologies for women-owned small- and medium-sized 
     enterprises;
       (3) provides training, through local associations of women-
     owned enterprises or nongovernmental organizations, with 
     respect to

[[Page 17218]]

     recordkeeping, financial and personnel management, 
     international trade, business planning, marketing, policy 
     advocacy, leadership development, and other areas relevant to 
     running enterprises;
       (4) provides resources to establish and enhance local, 
     national, and international networks and associations of 
     women-owned small- and medium-sized enterprises;
       (5) provides incentives for nongovernmental organizations 
     and financial service providers to develop products, 
     services, and marketing and outreach strategies specifically 
     designed to facilitate and promote women's participation in 
     development programs for small- and medium-sized businesses 
     by addressing women's assets and needs and the barriers women 
     face to participating in enterprise and financial services; 
     and
       (6) seeks to award contracts to qualified small- and 
     medium-sized enterprises owned by women, particularly 
     indigenous women, including--
       (A) for postconflict reconstruction; and
       (B) to facilitate employment of women, particularly 
     indigenous women in jobs not traditionally undertaken by 
     women.

     SEC. 5. SUPPORT FOR PRIVATE PROPERTY RIGHTS AND LAND TENURE 
                   SECURITY FOR WOMEN IN DEVELOPING COUNTRIES.

       (a) In General.--The Secretary of State, acting through the 
     Administrator of the United States Agency for International 
     Development, shall--
       (1) where appropriate, carry out programs, projects, and 
     activities to promote private property rights and land tenure 
     security for women in developing countries that--
       (A) are implemented by local, indigenous, nongovernmental, 
     and community-based organizations, especially women's 
     organizations, that are dedicated to addressing the needs of 
     women; and
       (B) otherwise meet the requirements described in subsection 
     (b); and
       (2) ensure that any programs, projects, and activities to 
     promote private property rights and land tenure security for 
     women in developing countries that are carried out pursuant 
     to assistance provided under part I of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.)--
       (A) are implemented by local, indigenous, nongovernmental, 
     and community-based organizations, especially women's 
     organizations, that are dedicated to addressing the needs of 
     women; and
       (B) otherwise meet the requirements described in subsection 
     (b).
       (b) Requirements.--A program, project, or activity 
     described in subsection (a) meets the requirements described 
     in this subsection if the program, project, or activity--
       (1) advocates to amend and harmonize statutory and other 
     country-specific legal regimes or practices to give women 
     equal rights to own, use, and inherit property;
       (2) promotes legal literacy among women and men about 
     property rights for women and how to exercise such rights;
       (3) assists women in making land claims and protecting 
     existing land claims; and
       (4) advocates for equitable land titling and registration 
     for women.
       (c) Amendment.--Section 103(b)(1) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151a(b)(1)) is amended by inserting 
     ``, especially for women'' after ``establishment of more 
     equitable and more secure land tenure arrangements''.

     SEC. 6. SUPPORT FOR WOMEN'S ACCESS TO EMPLOYMENT IN 
                   DEVELOPING COUNTRIES.

       The Secretary of State, acting through the Administrator of 
     the United States Agency for International Development, 
     shall, where appropriate--
       (1) support activities to increase the access of women in 
     developing countries to employment and to higher quality 
     employment, in informal and formal employment, with better 
     remuneration, working conditions, and benefits (including 
     health insurance and other social safety nets) in accordance 
     with the core labor standards of the International Labour 
     Organization, including--
       (A) public education efforts to inform poor women and men 
     of women's legal rights related to employment;
       (B) education and vocational training tailored to enable 
     poor women to access job opportunities, whether for formal or 
     informal employment, in--
       (i) sectors in their local economies with the potential for 
     growth; and
       (ii) sectors in which women are not traditionally highly 
     represented;
       (C) efforts to support self-employed poor women or wage 
     workers to form or join independent unions or other labor 
     associations to increase their incomes and improve their 
     working conditions; and
       (D) advocacy efforts to protect the rights of women in the 
     workplace, including--
       (i) developing programs with the participation of civil 
     society to eliminate gender-based violence; and
       (ii) providing capacity-building assistance to women's 
     organizations to effectively research and monitor labor 
     rights conditions; and
       (2) provide assistance to governments and nongovernmental 
     organizations in developing countries seeking to design and 
     implement laws, regulations, and programs to improve working 
     conditions for women and to facilitate the entry into, and 
     advancement in, the workplace by women.

     SEC. 7. TRADE BENEFITS FOR WOMEN IN DEVELOPING COUNTRIES.

       In order to ensure that poor women in developing countries 
     are able to benefit from international trade, the President, 
     acting through the Secretary of State (acting through the 
     Administrator of the United States Agency for International 
     Development) and the heads of other appropriate departments 
     and agencies of the United States, shall, where appropriate, 
     provide the following training and education in developing 
     countries:
       (1) Training women in civil society organizations, 
     including those organizations representing poor women, and 
     women-owned enterprises and associations of such enterprises, 
     on how to respond to economic opportunities created by trade 
     preference programs, trade agreements, or other policies that 
     create or facilitate market access. The training shall 
     include information with respect to requirements and 
     procedures for accessing the United States market.
       (2) Training women entrepreneurs, including 
     microentrepreneurs, with respect to production strategies, 
     quality standards, formation of cooperatives, market 
     research, and market development.
       (3) Teaching women, including poor women, to promote 
     diversification of products and value-added processing.
       (4) Instructing negotiators officially representing the 
     governments of developing countries in international trade 
     negotiations in order to enhance the ability of the 
     negotiators to formulate trade policy and negotiate 
     agreements that take into account the respective needs and 
     priorities of poor women and men in developing countries.
       (5) Educating local groups representing indigenous women in 
     developing countries in order to enhance the ability of those 
     groups to collect information and data, formulate proposals, 
     and inform and impact negotiators described in paragraph (4) 
     with respect to the respective needs and priorities of poor 
     women and men in developing countries.

     SEC. 8. EXCHANGES BETWEEN UNITED STATES ENTREPRENEURS AND 
                   WOMEN ENTREPRENEURS IN DEVELOPING COUNTRIES.

       (a) Department of Commerce.--The Secretary of Commerce 
     shall, where appropriate, encourage representatives of United 
     States businesses on trade missions to developing countries 
     to--
       (1) meet with representatives of women-owned small- and 
     medium-sized enterprises in such countries; and
       (2) promote internship opportunities for women owners of 
     small- and medium-sized enterprises in such countries with 
     United States businesses.
       (b) Department of State.--The Secretary of State shall 
     promote exchange programs that offer representatives of 
     women-owned small- and medium-sized enterprises in developing 
     countries an opportunity to learn skills appropriate for 
     promoting entrepreneurship by working with representatives of 
     businesses in the United States.

     SEC. 9. ASSISTANCE UNDER THE MILLENNIUM CHALLENGE ACCOUNT.

       The Chief Executive Officer of the Millennium Challenge 
     Corporation shall seek to ensure that contracts and 
     employment opportunities resulting from assistance provided 
     by the Corporation to the governments of developing countries 
     are fairly and equitably distributed to qualified women-owned 
     small- and medium-sized enterprises and other civil society 
     organizations led by women, including nongovernmental and 
     community-based organizations, for projects, including for 
     infrastructure projects, that facilitate employment of women 
     in jobs not traditionally undertaken by women.

     SEC. 10. GROWTH FUND.

       (a) Establishment.--
       (1) In general.--The Secretary of State, acting through the 
     Administrator of the United States Agency for International 
     Development, shall establish the Global Resources and 
     Opportunities for Women to Thrive (GROWTH) Fund (in this 
     section referred to as the ``Fund'') for the purpose of 
     enhancing economic opportunities for very poor, poor, and 
     low-income women in developing countries with a focus on--
       (A) increasing the development of women-owned enterprises;
       (B) increasing property rights for women;
       (C) increasing women's access to financial services;
       (D) increasing the number of women in leadership in 
     implementing partner organizations (as defined in section 
     259(6) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2214a(6))), as well as financial service providers;
       (E) improving the employment benefits and conditions 
     available to women; and
       (F) increasing the benefits of international trade 
     available to women.
       (2) Application for funds by usaid missions.--
       (A) In general.--A mission of the United States Agency for 
     International Development may apply for funds from the Fund 
     to

[[Page 17219]]

     support specific activities, in addition to activities 
     already carried out by that mission, that are described in 
     subsection (b) and enhance economic opportunities for women 
     in developing countries or integrate gender into economic 
     opportunity programs.
       (B) Supplement not supplant.--Funds provided to a mission 
     of the United States Agency for International Development 
     pursuant to subparagraph (A) shall supplement and not 
     supplant other funds available to that mission.
       (b) Activities Supported.--The activities described in this 
     subsection are--
       (1) activities described in title VI of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2211 et seq.), as 
     amended by section 3 of this Act;
       (2) activities described in sections 4 through 7 of this 
     Act; and
       (3) technical assistance to, and capacity building for, 
     civil society organizations, particularly to carry out 
     activities described in paragraphs (1) and (2), for--
       (A) local and indigenous women's organizations to the 
     maximum extent practicable; and
       (B) local, indigenous, nongovernmental, and community-based 
     organizations and financial service providers that 
     demonstrate a commitment to gender equity in the leadership 
     of such organizations and intermediaries either through 
     current practice or through specific programs to increase the 
     representation of women in the governance and management of 
     such organizations and intermediaries.

     SEC. 11. DATA COLLECTION.

       The Secretary of State, acting through the Administrator of 
     the United States Agency for International Development, 
     shall--
       (1) provide support for tracking indicators on women's 
     employment, property rights for women, women's access to 
     financial services, and women's enterprise development, 
     including microenterprises, in developing countries;
       (2) to the extent practicable, track all foreign assistance 
     funds provided by the United States to local, indigenous, 
     nongovernmental, community-based organizations, and financial 
     service providers in developing countries, including through 
     subcontractors and grantees, disaggregated by the sex of the 
     head of the organization, senior management, and composition 
     of the boards of directors;
       (3) encourage agencies of the United States that collect 
     statistical data to provide support to agencies in developing 
     countries that collect statistical data to collect data on 
     the share of women in wage work and self-employment, 
     disaggregated by type of employment; and
       (4) provide funding to the International Labour 
     Organization--
       (A) to carry out technical assistance activities in 
     developing countries; and
       (B) to consolidate data indicators collected in different 
     developing countries into cross-country data sets.

     SEC. 12. SUPPORT FOR WOMEN'S ORGANIZATIONS IN DEVELOPING 
                   COUNTRIES.

       (a) Amendments.--Section 102 of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2151-1) is amended--
       (1) in subsection (a), by inserting after the ninth 
     sentence the following new sentences: ``Because men and women 
     generally occupy different economic niches in poor countries, 
     activities must address those differences in ways that enable 
     both women and men to contribute to and benefit from 
     development. Throughout the world, indigenous, local, 
     nongovernmental and community-based organizations, as well as 
     financial service providers, are essential to addressing many 
     of the development challenges facing countries and to 
     creating stable, functioning democracies. Investing in the 
     capacity of such organizations, including women's 
     organizations, and in their roles in the development process 
     shall be an important, cross-cutting objective of United 
     States bilateral development assistance.''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by adding at the end the following 
     new sentence: ``The principles described in this paragraph 
     shall, among other strategies, be accomplished through 
     partnerships with local, indigenous, nongovernmental, and 
     community-based organizations, as well as financial service 
     providers, that represent the interests of women.''; and
       (B) in paragraph (6), by adding at the end the following 
     new sentence: ``Such participation and improvement shall be 
     encouraged and promoted by, among other strategies, investing 
     in the capacity of and participation in local, indigenous, 
     nongovernmental, and community-based organizations, 
     especially women's organizations, dedicated to addressing the 
     needs of women.''.
       (b) Assistance.--The Secretary of State, acting through the 
     Administrator of the United States Agency for International 
     Development, shall, where appropriate--
       (1) ensure project proposals include capacity building and 
     technical assistance for local, indigenous, nongovernmental, 
     organizations and community-based organizations dedicated to 
     addressing the needs of women, especially women's 
     organizations, to promote the long-term sustainability of 
     projects;
       (2) provide information and training to local, indigenous, 
     nongovernmental, and community-based organizations, 
     especially women's organizations, focused on women's 
     empowerment in countries in which missions of the United 
     States Agency for International Development are located in 
     order to--
       (A) provide technical assistance with respect to United 
     States foreign assistance procurement procedures; and
       (B) undertake culturally appropriate outreach measures to 
     contact such organizations;
       (3) encourage recipients of United States technical and 
     financial aid to the maximum extent practicable, to provide 
     financial support to local, indigenous, nongovernmental, and 
     community-based organizations that focus on women's 
     empowerment, including women's organizations and other 
     organizations that may not have previously worked with the 
     United States or a partner of the United States, in 
     fulfilling project objectives;
       (4) work with local governments to conduct outreach 
     campaigns to register, as required by local laws and 
     regulations, unofficial local, indigenous, nongovernmental, 
     and community-based organizations, especially women's 
     organizations; and
       (5) support efforts of indigenous organizations, especially 
     women's organizations, focused on women's empowerment to 
     network with other indigenous women's groups to collectively 
     access funding opportunities to implement United States 
     foreign assistance programs.

     SEC. 13. REPORT.

       (a) Report Required.--Not later than June 30, 2011, the 
     Secretary of State, acting through the Administrator of the 
     United States Agency for International Development, shall 
     submit to Congress a report on the implementation of this Act 
     and the amendments made by this Act.
       (b) Update.--Not later than June 30, 2012, the Secretary of 
     State, acting through the Administrator of the United States 
     Agency for International Development, shall submit to 
     Congress an update of the report required by subsection (a).
       (c) Availability to Public.--The report required by 
     subsection (a) and the update required by subsection (b) 
     shall be made available to the public on the Internet 
     websites of the Department of State and the United States 
     Agency for International Development.

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of State to carry out sections 10 and 11--
       (1) $40,000,000 for fiscal year 2011; and
       (2) such sums as may be necessary for each of the fiscal 
     years 2012 and 2013.
       (b) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under subsection (a)--
       (1) are authorized to remain available until expended; and
       (2) shall supplement and not supplant any other amounts 
     available for the purposes described in sections 10 and 11.
                                 ______
                                 
      By Ms. MURKOWSKI:
  S. 1430. 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 today to introduce the School 
Accountability Improvements Act.
  As you know, the 2001 reauthorization of the Elementary and Secondary 
Education Act, also known as the No Child Left Behind Act, or NCLB, 
made significant changes to Federal requirements for schools, school 
districts, and States. Many of these changes have been good, and were 
necessary.
  Because of NCLB, there is more national attention being paid to 
ensuring that schools, districts, and States are held accountable for 
the achievement of students with disabilities, those who are 
economically disadvantaged, and minority students. In my own State of 
Alaska this has meant, for example, that our more urban school 
districts are paying more attention than ever to Alaska Native 
students' needs.
  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 the most important factors in ensuring a child's 
achievement in school.
  Teachers, parents, administrators, and communities have more data 
than ever about the achievement of individual students, subgroups of 
students, and schools. With that data, changes are being made to school 
policies and procedures and more students are getting the help they 
need to succeed in schools.

[[Page 17220]]

  While these are just a few of the positive effects of the No Child 
Left Behind Act, there have been problems. This is not surprising, as 
it is difficult to write one law that will work well for both New York 
City and Nuiqsut, AK.
  My bill, the School Accountability Improvements Act is meant to 
address 6 issues that are of particular concern in Alaska and in other 
States around the nation.
  First, my legislation would give flexibility to states regarding 
NCLB's ``Highly Qualified Teacher'' requirements. In very small, rural 
schools, it is common for one teacher to teach multiple core academic 
subjects in the middle and high school grades. NCLB requires that this 
teacher be ``Highly Qualified'' in each of those subjects.
  While it is vital that teachers know the subjects they teach, it is 
also unreasonable to expect teachers in very tiny schools to meet the 
current requirements in every single subject. It is almost impossible 
for tiny, remote school districts to find and hire such teachers. Yet, 
students deserve to have teachers who know the subjects they teach.
  My legislation would provide flexibility by allowing instruction to 
be provided by Highly Qualified teachers by distance delivery if they 
are assisted by teachers on site who are Highly Qualified in a 
different subject. This provision is offered as a compromise in those 
limited situations.
  Second, my legislation would give credit to schools, rather than 
punish them, if students are improving but have not yet reached the 
State's proficiency goals by requiring the U.S. Department of Education 
to allow States to determine schools' success based on individual 
students' growth in proficiency. While it can be useful to teachers and 
administrators to know how one group of third graders compares to the 
next year's class, it is much more useful for educators, students, and 
parents to know how each child is progressing--is the child proficient, 
on track to be proficient, or falling behind? Many States now have the 
robust data systems that will allow them to track this information; 
NCLB should allow them to use the statistical model that will be most 
useful.
  My bill also improves NCLB's requirements for school choice and 
tutoring. No Child Left Behind gave parents an opportunity to move 
their children out of dysfunctional schools. I support that. But the 
law requires school districts offer school choice, and to set aside 
funds to pay for transportation, in Year Two of Improvement Status. 
Schools do not have to tutor the students until the following year. 
This is backwards logic. Schools should be given the opportunity to 
help students learn first before transporting them all over town. I 
think most parents agree, and that is one reason why we are seeing 
fewer than 2 percent of parents choose to transfer their children to 
another school. My bill would require schools to offer tutoring first 
before providing school choice.
  Mr. President, NCLB also requires schools to tutor and offer choice 
to students who are doing well at their neighborhood school. Schools 
should not be forced to set aside desperately needed funds to serve 
students who don't need those services. My bill would require schools 
to provide tutoring and choice only to those students who are not 
proficient. In addition, it would allow school districts to provide 
tutoring to students even if the district is in Improvement Status. 
While school districts may need improvement overall, those same 
districts employ teachers who are fully capable of providing effective 
tutoring.
  Many educators and parents also have concerns about NCLB's 
requirements for Corrective Action and Restructuring. These are very 
significant requirements that can include firing staff and closing 
schools that don't meet the law's AYP requirements. They are even more 
significant if the actions are not based on reliable information.
  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. Some question whether or not the tests we are giving these 
two groups of students are valid and reliable. Yet, NCLB requires 
districts and States to impose significant corrective actions or 
restructure a school completely if a school or district does not make 
AYP for any subgroup repeatedly. For truly dysfunctional schools and 
districts, that may be appropriate.
  But, how do we justify taking over a school, firing its teachers, 
turning its governance over to another entity, or other drastic 
measures if the students are learning but have not yet met the State's 
proficiency benchmarks? We can not.
  That is why my bill would not allow a school or school district to be 
restructured if the school missed AYP for one or both of those 
subgroups alone and the school can show through a growth model that the 
students in those two subgroups are on track to be proficient in a 
reasonable amount of time. Schools that are improving student learning 
should not be dismantled based on potentially invalid test results.
  In Alaska, Hawaii, and several other States, Native Americans are 
working hard to keep their indigenous languages and cultures alive. 
Teachers will tell you, and research supports them, that Alaska 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 particularly true for these groups of Americans.
  Many schools around the country that serve these students have 
incorporated indigenous language programs into their curriculum. The 
problem is that in many instances, there is no valid and reliable way 
to assess whether or not the students have learned the state standards 
in that language. Neither is it valid to test what a student knows in a 
language they do not speak well. Research also tells us that students 
who are learning in a full language immersion program do not test well 
initially, but by 7th grade they do as well or better on State tests 
and they can speak two languages.
  My legislation would allow schools with Native American language 
programs in States where there is no assessment in that language to 
calculate Adequate Yearly Progress for third graders by 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.
  Finally, I know as a parent how important it is to my boys that their 
father and I have always been involved in their education. NCLB 
recognizes, in many ways, how important parents are in a child's 
education, but improvements can still be made. My bill would amend 
Title II of NCLB--which authorizes subgrants for preparing, training, 
and recruiting teachers and principals--to allow, but not mandate, more 
parental involvement in our schools. This section of my bill would 
allow parent-teacher associations and organizations to be members of 
federally funded partnerships formed to improve low-performing schools 
and to provide training to teachers and principals to improve parental 
engagement and school-parent communication.
  I can tell you that as wonderful as our Nation's teachers are, very 
few of them graduate from college having had a course in how to 
effectively communicate with parents. Teachers are very busy people, 
and when a parent shows up at the classroom door and says, ``Hi, I'm 
here to help'' teachers often do not know how to react. Many teachers 
have difficulty communicating with parents who may be working two jobs, 
or who have a different cultural background or language. In my view, 
parents should be a part of improving their children's schools, and 
have insights into how communication between school and home can be 
improved.
  I know that these 6 issues are not the only issues that my 
colleagues, Alaskans, and Americans may have with the No Child Left 
Behind Act. I have been talking with Alaskans about NCLB since I came 
to the Senate, and I look forward to working hard on the 
reauthorization of the law this year.

[[Page 17221]]

  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. 1430

       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''.

     SEC. 2. HIGHLY QUALIFIED TEACHERS IN SMALL, RURAL, OR REMOTE 
                   SCHOOLS.

       (a) Purposes.--The purposes of this section are--
       (1) to ensure that local educational agencies have 
     flexibility in the ways in which the local educational 
     agencies may provide instruction in core academic subjects;
       (2) to provide relief to teachers who are assigned to teach 
     more than two core academic subjects in small, rural, or 
     remote schools; and
       (3) to provide assurances to students that their 
     instructors will have appropriate knowledge of the core 
     academic subjects the instructors teach.
       (b) Highly Qualified Teachers of Multiple Core 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) Special rule for small, rural, or remote schools.--In 
     the case of a local educational agency that is unable to 
     provide a highly qualified teacher to serve as an on-site 
     classroom teacher for a core academic subject in a small, 
     rural, or remote school, the local educational agency may 
     meet the requirements of this section by using distance 
     learning to provide such instruction by a teacher who is 
     highly qualified in the core academic subject, as long as--
       ``(A) the teacher who is highly qualified in the core 
     academic subject--
       ``(i) is responsible for providing at least 50 percent of 
     the direct instruction in the core academic subject through 
     distance learning;
       ``(ii) is responsible for monitoring student progress; and
       ``(iii) is the teacher who assigns the students their 
     grades; and
       ``(B) an on-site teacher who is highly qualified in a 
     subject other the core academic subject taught through 
     distance learning is present in the classroom throughout the 
     period of distance learning and provides supporting 
     instruction and assistance to the students.''.
       (c) Small, Rural, or Remote Schools.--Section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801) is amended--
       (1) by redesignating paragraphs (41) through (43) as 
     paragraphs (42) through (44), respectively;
       (2) in the undesignated paragraph following paragraph (39), 
     by striking ``State.--The'' and inserting the following
       ``(41) State.--The''; and
       (3) by inserting after paragraph (39) the following:
       ``(40) Small, rural, or remote school.--The term `small, 
     rural, or remote school' means a school that--
       ``(A)(i) is served by a local educational agency that meets 
     the eligibility requirements of section 6211(b) or 
     6221(b)(1)(B);
       ``(ii) has an average daily student membership of fewer 
     than 500 students for grades kindergarten through grade 12, 
     inclusive, for the full school year preceding the school year 
     for which the determination is being made under this 
     paragraph; or
       ``(iii) has an average daily membership of fewer than 100 
     students in grades 7 through 12, inclusive, for such 
     preceding full school year; and
       ``(B) has been unable, despite reasonable efforts to do so, 
     to recruit, hire, or retain a sufficient number of teachers 
     who are highly qualified in the core academic subjects for 
     the school year for which the determination is being made 
     under this paragraph.''.

     SEC. 3. GROWTH MODELS.

       Section 1111(b)(2) of the Elementary and Secondary 
     Education Act of 1965 (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) the State has the capacity to track and manage the 
     data for the growth model 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 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 State 
     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).''; 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), not later 
     than the first day of the second school year following 
     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.--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.
       ``(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.'';
       (3) in paragraph (7)(C)(i), by striking ``all''; and
       (4) 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.

[[Page 17222]]



     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 corrective action or 
     restructuring under paragraph (7) or (8) of subsection (b), 
     respectively, the local educational agency serving such 
     school shall not be required to implement subsection 
     (b)(7)(C)(iv) or subsection (b)(8)(B), respectively, if the 
     local educational agency demonstrates 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 failed to make adequately yearly 
     progress under subsection (c)(1) 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--
       ``(A) if the local educational agency is identified for 
     improvement under subsection (c)(3), the local educational 
     agency shall only be required to develop or revise and 
     implement a local educational agency plan under subsection 
     (c)(7) with respect to each such subgroup that did not meet 
     or exceed each annual measurable objective; and
       ``(B) if the local educational agency is identified for 
     corrective action under subsection (c)(10), the State 
     educational agency shall not be required to implement such 
     subsection if the State educational agency demonstrates to 
     the Secretary that the local educational agency 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--
       ``(i) the students who meet or exceed 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).''.

     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. 
     6311(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 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 subparagraph (L)(i).''.

     SEC. 7. IMPROVING EFFECTIVE PARENTAL INVOLVEMENT.

       Title II of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6601 et seq.) is amended--
       (1) in section 2131(1)(B) (20 U.S.C. 6631(1)(B)), by 
     inserting ``one or more parent teacher associations or 
     organizations,'' after ``another local educational agency,''; 
     and
       (2) in section 2134 (20 U.S.C. 6634)--
       (A) in subsection (a)(2)(C), by inserting ``one or more 
     parent teacher associations or organizations,'' after ``such 
     local educational agencies,'';
       (B) by redesignating subsection (b) as subsection (c); and
       (C) 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)(E),'';
       (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)''.

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