113 HR 2173 IH: Effective Teaching and Leading Act
U.S. House of Representatives
2013-05-23
text/xml
EN
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		I
		113th CONGRESS
		1st Session
		H. R. 2173
		IN THE HOUSE OF REPRESENTATIVES

			May 23, 2013
			Mr. Honda (for
			 himself and Mrs. Napolitano)
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To improve teacher quality, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Effective Teaching and Leading
			 Act.
		2.Findings and
			 purposes
			(a)FindingsCongress
			 finds the following:
				(1)Teacher quality is
			 the single most important in-school factor influencing student learning and
			 achievement.
				(2)A
			 2003 study by Richard Ingersoll found that new teachers, not just those in
			 hard-to-staff schools, face such challenging working conditions that nearly
			 one-half leave the profession within their first 5 years, one-third leave
			 within their first 3 years, and 14 percent leave by the end of their first
			 year.
				(3)A
			 report by the National Commission on Teaching and America’s Future estimated
			 that the nationwide cost of replacing public school teachers who have dropped
			 out of the profession is $7,300,000,000 annually.
				(4)A
			 randomized controlled trial of comprehensive teacher induction, sponsored by
			 the Institute of Education Sciences found that beginning teachers who received
			 2 years of induction support produced greater student learning gains as a
			 result, the equivalent of a student moving from the 50th to 58th percentile in
			 mathematics achievement and from the 50th to 54th percentile in reading
			 achievement.
				(5)Research by Thomas
			 Smith, Richard Ingersoll, Michael Strong, Anthony Villar, and Jonah Rockoff has
			 shown that comprehensive mentoring and induction reduces teacher attrition by
			 as much as one-half and strengthens new teacher effectiveness.
				(6)A
			 recent School Redesign Network at Stanford University and National Staff
			 Development Council report by Linda Darling-Hammond, Ruth Chung Wei, Alethea
			 Andree, Nikole Richardson, and Stelios Orphanos found that—
					(A)a set of programs
			 that offered substantial contact hours of professional development (ranging
			 from 30 to 100 hours in total) spread over 6 to 12 months showed a positive and
			 significant effect on student achievement gains; and
					(B)intensive
			 professional development, especially when it includes applications of knowledge
			 to teachers’ planning and instruction, has a greater chance of influencing
			 teacher practices, and in turn, leading to gains in student learning, and such
			 intensive professional development has shown a positive and significant effect
			 on student achievement gains, in some cases by approximately 21 percentile
			 points.
					(7)Teachers can
			 acquire and use new knowledge and skills in their instruction when provided
			 with adequate opportunities to learn, according to Student Achievement
			 Through Staff Development published by ASCD, which found that more than
			 90 percent of participants attained skill proficiency if it includes theory
			 presentation, demonstration, practice, and peer coaching.
				(8)Recent reports
			 from the Center for American Progress, Education Sector, Hope Street Group, and
			 the New Teacher Project have collectively demonstrated the significant flaws in
			 current teacher evaluation and implementation, and the necessity for
			 redesigning these systems and linking such evaluation to individualized
			 feedback and substantive targeted support in order to ensure effective
			 teaching.
				(9)Research by
			 Kenneth Leithwood, Karen Seashore Louis, Stephen Anderson, and Kyla Wahlstrom
			 found that—
					(A)leadership is
			 second only to classroom instruction among school-related factors that
			 influence student outcomes; and
					(B)direct and
			 indirect leadership effects account for about one-quarter of total school
			 effects on student learning.
					(10)Research by
			 Charles Clotfelter, Helen Ladd, Kenneth Leithwood, Anthony Milanowski, and the
			 New Teacher Center has shown that the quality of working conditions,
			 particularly supportive school leadership, impacts student academic achievement
			 and teacher recruitment, retention, and effectiveness.
				(11)Since 1965, more
			 than 60 education and library studies have produced clear evidence that school
			 libraries staffed by qualified librarians have a positive impact on student
			 academic achievement, with a recent analysis of reading scores from 2004–2009
			 showing that fewer librarians translated to lower performance, or a slower rise
			 in scores, on standardized tests.
				(b)PurposesThe
			 purposes of this Act are to build capacity for developing effective teachers
			 and principals in our Nation’s schools through—
				(1)the redesign of
			 teacher and principal evaluation and assessment systems;
				(2)comprehensive,
			 high-quality, rigorous, multi-year induction and mentoring programs for
			 beginning teachers, principals, and other school leaders;
				(3)systematic,
			 sustained, and coherent professional development for all teachers that is
			 team-based and job-embedded;
				(4)systematic,
			 sustained, and coherent professional development for school principals, other
			 school leaders, school librarians, paraprofessionals, and other staff;
			 and
				(5)increased teacher
			 leadership opportunities, including compensation for teacher leaders who take
			 on new roles in providing school-based professional development, mentoring,
			 rigorous evaluation, and instructional coaching.
				3.DefinitionsSection 9101 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7801) is amended—
			(1)by striking paragraph (34) and inserting
			 the following:

					(34)Professional
				developmentThe term professional development means
				comprehensive, sustained, and intensive support, provided for teachers,
				principals, school librarians, other school leaders, and other instructional
				staff, that—
						(A)fosters collective
				responsibility for improved student learning;
						(B)is designed and
				implemented in a manner that increases teacher, principal, school librarian,
				other school leader, paraprofessional, and other instructional staff
				effectiveness in improving student learning and strengthening classroom
				practice;
						(C)analyzes and
				uses—
							(i)real-time data and
				information collected from—
								(I)evidence of
				student learning;
								(II)evidence of
				classroom practice; and
								(III)the State’s
				longitudinal data system; and
								(ii)other relevant
				data collected by the school or local educational agency;
							(D)is aligned
				with—
							(i)rigorous State
				student academic achievement standards developed under section
				1111(b)(1);
							(ii)related academic
				and school improvement goals of the school, local educational agency, and
				statewide curriculum;
							(iii)statewide and
				local curricula; and
							(iv)rigorous
				standards of professional practice and development;
							(E)includes
				frequently scheduled, significant blocks of time during the regular school day
				among established collaborative teams of teachers, principals, school
				librarians, other school leaders, and other instructional staff, by grade level
				and content area (to the extent applicable and practicable), which teams engage
				in a continuous cycle of professional learning and improvement that—
							(i)identifies,
				reviews, and analyzes—
								(I)evidence of
				student learning; and
								(II)evidence of
				classroom practice;
								(ii)defines a clear
				set of educator learning goals to improve student learning and strengthen
				classroom practice based on the rigorous analysis of evidence of student
				learning and evidence of classroom practice;
							(iii)develops and
				implements coherent, sustained, and evidenced-based professional development
				strategies to meet such goals (including through instructional coaching, lesson
				study, and study groups organized at the school, team, or individual
				levels);
							(iv)provides learning
				opportunities for teachers to collectively develop and refine student learning
				goals and the teachers' instructional practices and the use of formative
				assessment;
							(v)provides an
				effective mechanism to support the transfer of new knowledge and skills to the
				classroom (including utilizing teacher leaders, instructional coaches, school
				librarians, and content experts to support such transfer); and
							(vi)provides
				opportunities for follow-up, observation, and formative feedback and assessment
				of the teacher's classroom practice, on a regular basis and in a manner that
				allows each such teacher to identify areas of classroom practice that need to
				be strengthened, refined, and improved;
							(F)regularly assesses
				the effectiveness of the support, and uses such assessments to inform ongoing
				improvements, in—
							(i)improving student
				learning; and
							(ii)strengthening
				classroom practice; and
							(G)supports the
				recruiting, hiring, and training of highly qualified teachers, including
				teachers who become highly qualified through State and local alternative routes
				to certification or licensure.
						;

			(2)by adding at the
			 end the following:

					(44)Evidence of
				classroom practiceThe term evidence of classroom
				practice means evidence of practice gathered from a classroom through
				multiple formats and sources, including some or all of the following:
						(A)Demonstration of
				effective teaching skills.
						(B)Classroom
				observations based on rigorous teacher performance standards or rubrics.
						(C)Student
				work.
						(D)Teacher
				portfolios.
						(E)Videos of teacher
				practice.
						(F)Lesson
				plans.
						(G)Information on the
				extent to which the teacher collaborates and shares best practices with other
				teachers and instructional staff.
						(H)Information on the
				teacher's successful use of research and data.
						(I)Parent, student,
				and peer feedback.
						(45)Evidence of
				student learningThe term evidence of student
				learning means multiple measures of student learning that shall include
				the following:
						(A)Valid and reliable
				student assessment data, which may include data—
							(i)based on—
								(I)student learning
				gains on State student academic assessments under section 1111(b)(3); or
								(II)student academic
				achievement assessments used at the national, state, or district levels, where
				available and appropriate for the curriculum and students taught;
								(ii)from
				classroom-based formative assessments;
							(iii)from
				classroom-based summative assessments; and
							(iv)from objective
				performance-based assessments.
							(B)At least one of
				the following additional measures:
							(i)Student work,
				including measures of performance criteria and evidence of student
				growth.
							(ii)Teacher-generated
				information about student goals and growth.
							(iii)Parental
				feedback about student goals and growth.
							(iv)Student feedback
				about learning and teaching supports.
							(v)Assessments of
				affective engagement and self-efficacy.
							(vi)Other appropriate
				measures, as determined by the State.
							(46)Lowest
				achieving schoolThe term lowest achieving school
				means a school served by a local educational agency that—
						(A)is failing to make
				adequate yearly progress as described in section 1111(b)(2), for the greatest
				number of subgroups described in section 1111(b)(2)(C)(v) and by the greatest
				margins, as compared to the other schools served by the local educational
				agency; and
						(B)in the case of a
				secondary school, has a graduation rate of less than 65 percent.
						(47)School
				leaderThe term school leader means an individual
				who—
						(A)is an employee or
				officer of a school; and
						(B)is responsible
				for—
							(i)the school's
				performance; and
							(ii)the daily
				instructional and managerial operations of the school.
							(48)Teaching
				skillsThe term teaching skills means skills that
				enable a teacher to—
						(A)increase student
				learning, achievement, and the ability to apply knowledge;
						(B)effectively convey
				and explain academic subject matter;
						(C)actively engage
				students and personalize learning;
						(D)effectively teach
				higher-order analytical, evaluation, problem-solving, and communication
				skills;
						(E)develop and
				effectively apply new knowledge, skills, and practices;
						(F)employ strategies
				grounded in the disciplines of teaching and learning that—
							(i)are based on
				empirically based practice and scientifically valid research, where applicable,
				related to teaching and learning;
							(ii)are specific to
				academic subject matter;
							(iii)focus on the
				identification of students' specific learning needs, (including children with
				disabilities, English language learners, students who are gifted and talented,
				and students with low literacy levels), and the tailoring of academic
				instruction to such needs; and
							(iv)enable effective
				inclusion of children with disabilities and English language learners,
				including the utilization of—
								(I)response to
				intervention;
								(II)positive
				behavioral supports;
								(III)differentiated
				instruction;
								(IV)universal design
				of learning;
								(V)appropriate
				accommodations for instruction and assessments;
								(VI)collaboration
				skills;
								(VII)skill in
				effectively participating in individualized education program meetings required
				under section 614 of the Individuals with Disabilities Education Act;
				and
								(VIII)evidence-based
				strategies to meet the linguistic and academic needs of English language
				learners;
								(G)conduct an ongoing
				assessment of student learning, which may include the use of formative
				assessments, performance-based assessments, project-based assessments, or
				portfolio assessments, that measures higher-order thinking skills (including
				application, analysis, synthesis, and evaluation);
						(H)effectively manage
				a classroom, including the ability to implement positive behavioral support
				strategies;
						(I)communicate and
				work with parents, and involve parents in their children's education;
				and
						(J)use
				age-appropriate and developmentally appropriate strategies and
				practices.
						(49)Formative
				assessmentThe term formative assessment means a
				process used by teachers and students during instruction that provides feedback
				to adjust ongoing teaching and learning to improve students’ achievement of
				intended instructional outcomes.
					;
				and
			(3)by redesignating
			 paragraphs (1) through (39), the undesignated paragraph following paragraph
			 (39), and paragraphs (41) through (49) (as amended by this section) as
			 paragraphs (1) through (18), (21), (22), (24) through (29), (31) through (40),
			 (42) through (47), (49), (19), (20), (30), (41), (48), and (23),
			 respectively.
			4.School
			 improvementSection 1003(g)(5)
			 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6303(g)(5)) is
			 amended—
			(1)in subparagraph (B), by striking
			 and after the semicolon;
			(2)in subparagraph
			 (C), by striking the period and inserting ; and; and
			(3)by adding at the
			 end the following:

					(D)permitted to be
				used to supplement the activities required under section
				2502.
					.
			5.Teacher and
			 principal professional development and support
			(a)In
			 generalTitle II of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is
			 amended by adding at the end the following:

					EBuilding school
				capacity for effective teaching and leadership
						2501.Local school
				improvement activities
							(a)Subgrants to
				local educational agencies
								(1)GrantsFrom
				amounts made available under section 2505, the Secretary shall award grants,
				through allotments under paragraph (3)(A), to States to enable the States to
				award subgrants to local educational agencies under this part.
								(2)ReservationsA
				State that receives a grant under this part for a fiscal year shall—
									(A)reserve 95 percent
				of the funds made available through the grant to make subgrants, through
				allocations under paragraph (3)(B), to local educational agencies; and
									(B)use the remainder
				of the funds for—
										(i)administrative
				activities and technical assistance in helping local educational agencies carry
				out this part;
										(ii)statewide
				capacity building strategies to support local educational agencies in the
				implementation of the required activities under section 2502; and
										(iii)conducting the
				evaluation required under section 2504.
										(3)Formulas
									(A)AllotmentsThe
				allotment provided to a State under this section for a fiscal year shall bear
				the same relation to the total amount available under this part for such
				allotments for the fiscal year, as the allotment provided to the State under
				section 2111(b) for such year bears to the total amount available under such
				section 2111(b) for such allotments for such year.
									(B)AllocationsThe
				allocation provided to a local educational agency under this section for a
				fiscal year shall bear the same relation to the total amount available under
				this part for such allocations for the fiscal year, as the allocation provided
				to the local educational agency under section 2121(a) for such year bears to
				the total amount available for such allocations for such year.
									(4)Schools first
				supportedA local educational agency receiving a subgrant under
				this part shall first use such funds to carry out the activities described in
				section 2502(a) in each lowest achieving school served by the local educational
				agency—
									(A)that demonstrates
				the greatest need for subgrant funds based on the data analysis described in
				subsection (b)(3); and
									(B)in which not less
				than 40 percent of the students enrolled in the school are eligible for a free
				or reduced price lunch under the Richard B. Russell National School Lunch Act
				(42 U.S.C. 1751 et seq.).
									(b)Local
				educational agency application
								(1)In
				generalTo be eligible to receive a subgrant under this part, a
				local educational agency shall submit to the State educational agency an
				application described in paragraph (2), and a summary of the data analysis
				conducted under paragraph (3), at such time, in such manner, and containing
				such information as the State educational agency may reasonably require.
								(2)Contents of
				applicationEach application submitted pursuant to paragraph (1)
				shall include—
									(A)a description of
				how the local educational agency will assist the lowest achieving schools
				served by the local educational agency in carrying out the requirements of
				section 2502, including—
										(i)developing and
				implementing the teacher and principal evaluation system pursuant to section
				2502(a)(3);
										(ii)implementing
				teacher induction programs pursuant to section 2502(a)(1);
										(iii)providing
				effective professional development in accordance with section
				2502(a)(2);
										(iv)implementing
				mentoring, coaching, and sustained professional development for school
				principals and other school leaders pursuant to section 2502(a)(4); and
										(v)providing
				significant and sustainable teacher stipends, pursuant to section
				2502(a)(6);
										(B)a description of
				how the local educational agency will—
										(i)conduct and
				utilize valid and reliable surveys pursuant to section 2502(b); and
										(ii)ensure that such
				programs are integrated and aligned pursuant to section 2502(c);
										(C)(i)a description of how the
				local educational agency will use subgrant funds to target and support the
				lowest achieving schools described in subsection (a)(4) before using funds for
				other lowest achieving schools; and
										(ii)a list that identifies all of the lowest
				achieving schools that will be assisted under the subgrant;
										(D)a description of
				how the local educational agency will enable effective inclusion of children
				with disabilities and English language learners, including through utilization
				by the teachers, principals, and other school leaders of the local educational
				agency of—
										(i)response to
				intervention;
										(ii)positive
				behavioral supports;
										(iii)differentiated
				instruction;
										(iv)universal design
				of learning;
										(v)appropriate
				accommodations for instruction and assessments;
										(vi)collaboration
				skills;
										(vii)skill in
				effectively participating in individualized education program meetings required
				under section 614 of the Individuals with Disabilities Education Act;
				and
										(viii)evidence-based
				strategies to meet the linguistic and academic needs of English language
				learners;
										(E)a description of
				how the local educational agency will assist the lowest achieving schools in
				utilizing real-time student learning data, based on evidence of student
				learning and evidence of classroom practice, to—
										(i)inform
				instruction; and
										(ii)inform
				professional development for teachers, mentors, principals, and other school
				leaders;
										(F)a description of
				how the programs and assistance provided under section 2502 will be managed and
				designed, including a description of the division of labor and different roles
				and responsibilities of local educational agency central office staff members,
				school leaders, teacher leaders, coaches, mentors, and evaluators; and
									(G)a description of
				how the local educational agency will work with institutions of higher
				education and local teacher and principal preparation programs to improve the
				performance of beginning teachers and principals, improve induction programs,
				and strengthen professional development.
									(3)Data
				analysisA local educational agency desiring a subgrant under
				this part shall, prior to applying for the subgrant, conduct a data analysis of
				each school served by the local educational agency, based on data and
				information collected from evidence of student learning, evidence of classroom
				practice, and the State’s longitudinal data system, in order to—
									(A)determine which
				schools have the most critical teacher, principal, school librarian, and other
				school leader quality, effectiveness, and professional development needs;
				and
									(B)allow the local
				educational agency to identify the specific needs regarding the quality,
				effectiveness, and professional development needs of the school's teachers,
				principals, librarians, and other school leaders, including with respect to
				instruction provided for individual student subgroups (including children with
				disabilities and English language learners) and specific grade levels and
				content areas.
									(4)Joint
				development and submission
									(A)In
				generalExcept as provided in subparagraph (B), a local
				educational agency shall—
										(i)jointly develop
				the application and data analysis framework under this subsection with local
				organizations representing the teachers, principals, and other school leaders
				in the local educational agency; and
										(ii)submit the
				application and data analysis in partnership with such local teacher,
				principal, and school leader organizations.
										(B)ExceptionA
				State may, after consultation with the Secretary, consider an application from
				a local educational agency that is not jointly developed and submitted in
				accordance with subparagraph (A) if the application includes documentation of
				the local educational agency's extensive attempt to work jointly with local
				teacher, principal, and school leader organizations.
									2502.Use of
				funds
							(a)Induction,
				professional development, and evaluation systemA local educational agency that receives a
				subgrant under this part shall use the subgrant funds to improve teaching and
				school leadership through a system of teacher and principal induction,
				professional development, and evaluation. Such system shall be developed,
				implemented, and evaluated in collaboration with local teacher, principal, and
				school leader organizations and local teacher, principal, and school leader
				preparation programs and shall provide assistance to each school that the local
				educational agency has identified under section 2501(b)(2)(C)(ii), to—
								(1)implement a
				comprehensive, coherent, high-quality formalized induction program for
				beginning teachers during not less than the teachers' first 2 years of
				full-time employment as teachers with the local educational agency, that shall
				include—
									(A)rigorous mentor
				selection by school or local educational agency leaders with mentoring and
				instructional expertise, including requirements that the mentor
				demonstrate—
										(i)a
				proven track record of improving student learning;
										(ii)strong
				interpersonal skills;
										(iii)exemplary
				teaching skills, particularly with diverse learners, including children with
				disabilities and English language learners;
										(iv)not less than 5
				years teaching experience;
										(v)commitment to
				personal and professional growth and learning, such as National Board for
				Professional Teaching Standards certification;
										(vi)willingness and
				experience in using real-time data, as well as school and classroom level
				practices that have demonstrated the capacity to—
											(I)improve student
				learning and classroom practice; and
											(II)inform
				instruction and professional growth;
											(vii)a commitment to
				participate in professional development throughout the year to develop the
				knowledge and skills related to effective mentoring; and
										(viii)the ability to
				improve the effectiveness of the mentor's mentees, as assessed by the
				evaluation system described in paragraph (3);
										(B)a program of
				high-quality, intensive, and ongoing mentoring and mentor-teacher interactions
				that—
										(i)ensures that new
				teachers are supported in ways that help improve content-specific knowledge and
				pedagogy, including by matching mentors with beginning teachers by grade level
				and content area;
										(ii)assists each
				beginning teacher in—
											(I)analyzing data
				based on the beginning teacher's evidence of student learning and evidence of
				classroom practice, and utilizing research-based instructional strategies,
				including differentiated instruction, to inform and strengthen such
				practice;
											(II)developing and
				enhancing effective teaching skills;
											(III)enabling
				effective inclusion of children with disabilities and English language
				learners, including through the utilization of—
												(aa)response to
				intervention;
												(bb)positive
				behavioral supports;
												(cc)differentiated
				instruction;
												(dd)universal design
				of learning;
												(ee)appropriate
				accommodations for instruction and assessments;
												(ff)collaboration
				skills;
												(gg)skill in
				effectively participating in individualized education program meetings required
				under section 614 of the Individuals with Disabilities Education Act;
				and
												(hh)evidence-based
				strategies to meet the linguistic and academic needs of English language
				learners;
												(IV)using formative
				evaluations to—
												(aa)collect and
				analyze classroom-level data;
												(bb)foster
				evidence-based discussions;
												(cc)provide
				opportunities for self assessment;
												(dd)examine classroom
				practice; and
												(ee)establish goals
				for professional growth; and
												(V)achieving the
				goals of the school, district, and statewide curricula;
											(iii)provides regular
				and ongoing opportunities for beginning teachers to observe exemplary teaching
				in classroom settings during the school day;
										(iv)aligns with the
				mission and goals of the local educational agency and school;
										(v)(I)acts as a vehicle for a
				beginning teacher to establish short- and long-term planning and professional
				goals and to improve student learning and classroom practice; and
											(II)guides, monitors, and assesses the
				beginning teacher's progress toward such goals;
											(vi)assigns not more
				than 12 beginning teacher mentees to a mentor who is released full-time from
				classroom teaching, and reduces such maximum number of mentees proportionately
				for a mentor who works on a part-times basis;
										(vii)provides joint
				professional development opportunities for mentors and beginning
				teachers;
										(viii)may include the
				use of master teachers to support mentors or other teachers; and
										(ix)improves student
				learning and classroom practice, as measured by the evaluation system described
				in paragraph (3);
										(C)paid school
				release time that allows for at least weekly high-quality mentoring and
				mentor-teacher interactions;
									(D)foundational
				training and ongoing professional development for mentors that support the
				high-quality mentoring and mentor-teacher interactions described in
				subparagraph (B);
									(E)use of
				research-based teaching standards, formative assessments, teacher portfolio
				processes (such as the National Board for Professional Teaching Standards
				certification process), and teacher development protocols that support the
				high-quality mentoring and mentor-teacher interactions described in
				subparagraph (B); and
									(F)feedback on the
				performance of beginning teachers to local teacher preparation programs and
				recommendations for improving such programs;
									(2)implement
				high-quality effective professional development for teachers, principals,
				school librarians, and other school leaders serving the schools targeted for
				assistance under the subgrant;
								(3)develop and
				implement a rigorous, transparent, and equitable teacher and principal
				evaluation system for all schools served by the local educational agency
				that—
									(A)(i)provides formative
				individualized feedback to teachers and principals on areas for
				improvement;
										(ii)provides for substantive support
				and interventions targeted specifically on such areas of improvement;
				and
										(iii)results in summative
				evaluations;
										(B)differentiates the
				effectiveness of teachers and principals using multiple rating categories that
				take into account evidence of student learning;
									(C)shall be
				developed, implemented, and evaluated in partnership with local teacher and
				principal organizations; and
									(D)includes—
										(i)valid, clearly
				defined, and reliable performance standards and rubrics for teacher evaluation
				based on multiple performance measures, which shall include a combination
				of—
											(I)evidence of
				classroom practice; and
											(II)evidence of
				student learning as a significant factor;
											(ii)valid, clearly
				defined, and reliable performance standards and rubrics for principal
				evaluation based on multiple performance measures of student learning and
				leadership skills, which standards shall include—
											(I)planning and
				articulating a shared and coherent schoolwide direction and policy for
				achieving high standards of student performance;
											(II)identifying and
				implementing the activities and rigorous curriculum necessary for achieving
				such standards of student performance;
											(III)supporting a
				culture of learning, collaboration, and professional behavior and ensuring
				quality measures of instructional practice;
											(IV)communicating and
				engaging parents, families, and other external communities; and
											(V)collecting,
				analyzing, and utilizing data and other tangible evidence of student learning
				and evidence of classroom practice to guide decisions and actions for
				continuous improvement and to ensure performance accountability;
											(iii)multiple and
				distinct rating options that allow evaluators to—
											(I)conduct multiple
				classroom observations throughout the school year;
											(II)examine the
				impact of the teacher or principal on evidence of student learning and evidence
				of classroom practice;
											(III)specifically
				describe and compare differences in performance, growth, and development;
				and
											(IV)provide teachers
				or principals with detailed individualized feedback and evaluation in a manner
				that allows each teacher or principal to identify the areas of classroom
				practice that need to be strengthened, refined, and improved;
											(iv)implementing a
				formative and summative evaluation process based on the performance standards
				established under clauses (i) and (ii);
										(v)rigorous training
				for evaluators on the performance standards established under clauses (i) and
				(ii) and the process of conducting effective evaluations, including how to
				provide specific feedback and improve teaching and principal practice based on
				evaluation results;
										(vi)regular
				monitoring and assessment of the quality and fairness of the evaluation system
				and the evaluators' judgements, including with respect to—
											(I)inter-rater
				reliability, including independent or third-party reviews;
											(II)student
				assessments used in the evaluation system;
											(III)the performance
				standards established under clauses (i) and (ii);
											(IV)training and
				qualifications of evaluators; and
											(V)timeliness of
				teacher and principal evaluations and feedback;
											(vii)a plan and
				substantive targeted support for teachers and principals who fail to meet the
				performance standards established under clauses (i) and (ii);
										(viii)a streamlined,
				transparent, fair, and objective due process for documentation and removal of
				teachers and principals who fail to meet such performance standards, as
				governed by any applicable collective bargaining agreement or State law and
				after substantive targeted and reasonable support has been provided to such
				teachers and principals; and
										(ix)in the case of a
				local educational agency in a State that has a State evaluation framework, the
				alignment of the local educational agency's evaluation system with, at a
				minimum, such framework and the requirements of this paragraph;
										(4)implement ongoing
				high-quality support, coaching, and professional development for principals and
				other school leaders serving the schools targeted for assistance under such
				subgrant, which shall—
									(A)include a
				comprehensive, coherent, high-quality formalized induction program outside the
				supervisory structure for beginning principals and other school leaders, during
				not less than the principals’ and other school leaders’ first 2 years of
				full-time employment as a principal or other school leader in the local
				educational agency, to develop and improve the knowledge and skills described
				in subparagraph (B), including—
										(i)a
				rigorous mentor or coach selection process based on exemplary administrative
				expertise and experience;
										(ii)a
				program of ongoing opportunities throughout the school year for the mentoring
				or coaching of beginning principals and other school leaders, including
				opportunities for regular observation and feedback;
										(iii)foundational
				training and ongoing professional development for mentors or coaches;
				and
										(iv)the use of
				research-based leadership standards, formative and summative assessments, or
				principal and other school leader protocols (such as the National Board for
				Professional Teaching Standards Certification for Educational Leaders program
				or the 2008 Interstate School Leaders Licensure Consortium Standards);
										(B)improve the
				knowledge and skills of school principals and other school leaders in—
										(i)planning and
				articulating a shared and clear schoolwide direction, vision, and strategy for
				achieving high standards of student performance;
										(ii)identifying and
				implementing the activities and rigorous student curriculum and assessments
				necessary for achieving such standards of performance;
										(iii)managing and
				supporting a collaborative culture of ongoing learning and professional
				development and ensuring quality evidence of classroom practice (including
				shared or distributive leadership and providing timely and constructive
				feedback to teachers to improve student learning and strengthen classroom
				practice);
										(iv)communicating and
				engaging parents, families, and local communities and organizations (including
				engaging in partnerships among elementary schools, secondary schools, and
				institutions of higher education to ensure the vertical alignment of student
				learning outcomes);
										(v)collecting,
				analyzing, and utilizing data and other tangible evidence of student learning
				and classroom practice (including the use of formative and summative
				assessments) to—
											(I)guide decisions
				and actions for continuous instructional improvement; and
											(II)ensure
				performance accountability;
											(vi)managing
				resources and school time to ensure a safe and effective student learning
				environment; and
										(vii)designing and
				implementing strategies for differentiated instruction and effectively
				identifying and educating diverse learners, including children with
				disabilities and English language learners; and
										(C)provide feedback
				on the performance of beginning principals and other school leaders to local
				principal and leader preparation programs and recommendations for improving
				such programs;
									(5)(A)create or enhance
				opportunities for teachers and school librarians to assume new school
				leadership roles and responsibilities, including—
										(i)serving as mentors, instructional
				coaches, or master teachers; or
										(ii)assuming increased responsibility
				for professional development activities, curriculum development, or school
				improvement and leadership activities; and
										(B)provide training for teachers who
				assume such school leadership roles and responsibilities; and
									(6)provide
				significant and sustainable stipends above a teacher’s base salary for teachers
				that serve as mentors, instructional coaches, teacher leaders, or evaluators
				under the programs described in this subsection.
								(b)SurveyA
				local educational agency receiving a subgrant under this part shall conduct a
				valid and reliable full population survey of teaching and learning, at the
				school and local educational agency level, and include, as topics in the
				survey, not less than the following elements essential to improving student
				learning and retaining effective teachers:
								(1)Instructional
				planning time.
								(2)School
				leadership.
								(3)Decisionmaking
				processes.
								(4)Professional
				development.
								(5)Facilities and
				resources, including the school library.
								(6)Beginning teacher
				induction.
								(7)School safety and
				environment.
								(c)Integration and
				alignmentThe system described in subsection (a) shall—
								(1)integrate and
				align all of the activities described in such subsection;
								(2)be informed by,
				and integrated with, the results of the survey described in subsection
				(b);
								(3)be aligned with
				the State’s school improvement efforts under sections 1116 and 1117; and
								(4)be aligned with
				the programs funded under title II of the Higher Education Act of 1965 and
				other professional development programs authorized under this Act.
								(d)Eligible
				entitiesThe assistance required to be provided under this
				section may be provided—
								(1)by the local
				educational agency; or
								(2)by the local
				educational agency, in collaboration with—
									(A)the State
				educational agency;
									(B)an institution of
				higher education;
									(C)a nonprofit
				organization;
									(D)a teacher
				organization;
									(E)a principal or
				school leader organization;
									(F)an educational
				service agency;
									(G)a teaching
				residency program; or
									(H)another nonprofit
				entity with experience in helping schools improve student achievement.
									2503.Rule of
				ConstructionNothing in this
				part shall be construed to alter or otherwise affect the rights, remedies, and
				procedures afforded school or school district employees under Federal, State,
				or local laws (including applicable regulations or court orders) or under the
				terms of collective bargaining agreements, memoranda of understanding, or other
				agreements between such employees and their employers.
						2504.Program
				evaluation
							(a)In
				generalEach program required under section 2502(a) shall include
				a formal evaluation system to determine, at a minimum, the effectiveness of
				each such program on—
								(1)student
				learning;
								(2)retaining teachers
				and principals, including differentiating the retainment data by profession and
				by the level of performance of the teachers and principals, based on the
				evaluation system described in section 2502(a)(3);
								(3)teacher,
				principal, and other school leader practice, which shall include, for teachers
				and principals, practice measured by the teacher and principal evaluation
				system described in section 2502(a)(3);
								(4)student graduation
				rates, as applicable;
								(5)teaching,
				learning, and working conditions;
								(6)parent, family,
				and community involvement and satisfaction;
								(7)student attendance
				rates;
								(8)teacher and
				principal satisfaction; and
								(9)student
				behavior.
								(b)Local
				educational agency and school effectivenessThe formal evaluation
				system described in subsection (a) shall also measure the effectiveness of the
				local educational agency and school in—
								(1)implementing the
				comprehensive induction program described in section 2502(a)(1);
								(2)implementing
				high-quality professional development described in section 2502(a)(2);
								(3)developing and
				implementing a rigorous, transparent, and equitable teacher and principal
				evaluation system described in section 2502(a)(3);
								(4)implementing
				mentoring, coaching, and professional development for school principals and
				other school leaders described in section 2502(a)(4);
								(5)ensuring that
				mentors, teachers, and schools are using data to inform instructional
				practices; and
								(6)ensuring that the
				comprehensive induction and high-quality mentoring required under section
				2502(a)(1) and the high impact professional development required under section
				2502(a)(2) are integrated and aligned with the State’s school improvement
				efforts under sections 1116 and 1117.
								(c)Conduct of
				evaluationThe evaluation described in subsection (a) shall
				be—
								(1)conducted by the
				State, an institution of higher education, or an external agency that is
				experienced in conducting such evaluations; and
								(2)developed in
				collaboration with groups such as—
									(A)experienced
				educators with track records of success in the classroom;
									(B)institutions of
				higher education involved with teacher induction and professional development
				located within the State; and
									(C)local teacher,
				principal, and school leader organizations.
									(d)Dissemination
								(1)In
				generalThe results of the evaluation described in subsection (a)
				shall be submitted to the Secretary.
								(2)DisseminationThe
				Secretary shall make the results of each evaluation described in subsection (a)
				available to States, local educational agencies, and the public.
								2505.Authorization
				of appropriationsThere are
				authorized to be appropriated to carry out this part such sums as may be
				necessary for fiscal year 2014 and each succeeding fiscal
				year.
						.
			(b)Table of
			 contentsThe table of contents in section 2 of the Elementary and
			 Secondary Education Act of 1965 is amended by inserting after the item relating
			 to section 2441 the following:

						Part E—Building School Capacity for Effective Teaching and
				Leadership
						Sec. 2501. Local school improvement activities.
						Sec. 2502. Use of funds.
						Sec. 2503. Rule of Construction.
						Sec. 2504. Program evaluation.
						Sec. 2505. Authorization of
				appropriations.

					.


		II
		112th CONGRESS
		1st Session
		S. 61
		IN THE SENATE OF THE UNITED STATES

			January 25
			 (legislative day, January 5), 2011
			Mr. Inouye (for himself,
			 Ms. Murkowski, and
			 Mr. Begich) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Indian
			 Affairs

		A BILL
		To establish a Native American Economic Advisory Council,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Native American Economic Advisory
			 Council Act of 2011.
		2.FindingsCongress finds—
			(1)the United States
			 has a special political and legal relationship and responsibility to promote
			 the welfare of the Native American people of the United States;
			(2)evaluations of
			 indicators and criteria of social well-being, education, health, unemployment,
			 housing, income, rates of poverty, justice systems, and nutrition by agencies
			 of government and others have consistently found that Native American
			 communities rank below other groups of United States citizens and many are at
			 or near the bottom in those evaluations;
			(3)Native Americans,
			 like other people in the United States, have been hit hard by the deepest
			 recession of the United States economy in over 50 years, causing a significant
			 decline in employment and economic activity across the United States;
			(4)Native American
			 communities have been described as emerging economies and
			 consequently have been stalled in the efforts of the communities to build
			 sustainable growing economies for the people of the communities and are being
			 adversely affected faster than the rest of the United States;
			(5)economic stimulus
			 programs to help Native American communities generate jobs and stronger
			 economic performance will require United States financial and tax incentives to
			 increase both local and expanded investment that is tailored to the unique
			 needs and circumstances of Native American communities;
			(6)the impacts of
			 the ongoing recession and the near collapse of the financial and banking
			 systems require a review of assumptions about the future, the need for new
			 growth strategies, and a focus on laying the groundwork for economic success in
			 the 21st century;
			(7)there is a
			 continuing need for direct economic stimulus, including needs for improving
			 rural infrastructure and alternative energy in rural and Native American
			 communities of the United States and providing Native Americans leaders with
			 the tools to create jobs and improve economic conditions;
			(8)in light of the
			 role of Native American communities as emerging markets within the United
			 States, there are opportunities and needs that should be addressed, including
			 consideration of United States support for the pooling of resources to create
			 an Indigenous Sovereign Wealth Fund that is similar to those Funds created
			 around the world to diversify revenue streams, attract more resources, invest
			 more wisely, and create jobs;
			(9)Native Americans
			 should be participants when major economic decisions are made that affect the
			 property, lives, and future of Native Americans; and
			(10)Native Americans
			 should fully participate in rebuilding Native American communities and have
			 necessary tools and resources.
			3.PurposeThe purpose of this Act is to authorize and
			 establish a Native American Economic Advisory Council to consult, coordinate
			 with, and make recommendations to the Executive Office of the President,
			 Cabinet officers, and Federal agencies—
			(1)to improve the
			 focus, effectiveness, and delivery of Federal economic aid and development
			 programs to Native Americans and, as a result, improve substandard economic
			 conditions in Native American communities;
			(2)to build and
			 expand on the capacity of leaders in Native American organizations and
			 communities to take positive and innovative steps—
				(A)to create
			 jobs;
				(B)to establish
			 stable and profitable business enterprises;
				(C)to enhance
			 economic conditions; and
				(D)to use Native
			 American-owned resources for the benefit of members; and
				(3)to achieve the
			 long-term goal of improving the quality of Native American life and living
			 conditions and access to basic public services to the levels enjoyed by the
			 average citizen and community of the United States by the year 2025.
			4.
			 Establishment of Native American Economic Advisory Council
			(a)In
			 generalThere is established
			 a Native American Economic Advisory Council (referred to in this Act as the
			 Council) to advise and assist the Executive Office of the
			 President and Federal agencies to ensure that Native Americans (including
			 Native American members, communities and organizations) have—
				(1)the means and capacity to generate and
			 benefit from economic stimulus and growth; and
				(2)fair access to, and reasonable
			 opportunities to participate in, Federal economic development and job growth
			 programs.
				(b)Members
				(1)In
			 generalThe Council shall consist of 5 members appointed by the
			 President.
				(2)Initial
			 appointmentsNot later than 180 days after the date of enactment
			 of this Act, the President shall appoint the initial members of the
			 Council.
				(3)CompositionOf
			 the members of the Council—
					(A)1 member shall be
			 an Alaska Native;
					(B)1 member shall be
			 a Hawaiian Native; and
					(C)3 members shall
			 represent American Native groups and organizations from other States.
					(4)ChairpersonThe
			 President shall designate 1 of the members of the Council to serve as
			 Chairperson.
				(c)ExperienceEach
			 member of the Council shall be a Native American who, as a result of work
			 experience, training, and attainment, is well qualified—
				(1)to identify,
			 analyze, and understand the attributes and background of successful business
			 enterprises and economic programs in Native American communities and
			 cultures;
				(2)to appraise the
			 economic development programs and activities of Federal agencies in the context
			 of the goals and purposes of this Act; and
				(3)to recommend
			 programs, policies, and needed program modifications to improve access to and
			 effectiveness in the delivery of economic development programs in Native
			 American communities.
				(d)VacanciesA
			 vacancy on the Council—
				(1)shall not affect
			 the authority of the Commission; and
				(2)shall be filled
			 in the same manner as the initial appointments to the Council.
				(e)ExpensesEach
			 Member of the Council shall be allowed travel expenses, including per diem in
			 lieu of subsistence, at the rate authorized for employees of agencies under
			 subchapter I of chapter 57 of title 5, United States Code, while away from the
			 homes or regular places of business of the employees in the performance of
			 services for the Council.
			(f)Staff
				(1)In
			 generalThe Council may, without regard to the civil service laws
			 (including regulations), appoint and terminate an executive director and such
			 other staff as are necessary to enable the Council to perform the duties
			 required under this Act.
				(2)Compensation
					(A)In
			 generalSubject to subparagraph (B), the Council may fix the
			 compensation of the executive director and other personnel without regard to
			 the provisions of chapter 51 and subchapter III of chapter 53 of title 5,
			 United States Code, relating to classification of positions and General
			 Schedule pay rates.
					(B)Maximum
			 amountThe rate of pay for the executive director and other
			 personnel of the Council shall not exceed the rate payable for level V of the
			 Executive Schedule under section 5316 of title 5, United States Code.
					(g)Detail of
			 employees
				(1)In
			 generalAn employee of the Federal Government may be detailed to
			 the Council without reimbursement.
				(2)Civil service
			 statusThe detail of an employee shall be without interruption or
			 loss of civil service status or privilege.
				(h)Temporary
			 servicesThe Council may procure temporary and intermittent
			 services in accordance with section 3109(b) of title 5, United States Code, at
			 rates for individuals that do not exceed the daily equivalent of the annual
			 rate of basic pay prescribed for level V of the Executive Schedule under
			 section 5316 of that title.
			(i)Administrative
			 servicesThe Secretary of Commerce shall provide necessary office
			 space and administrative services for the Council (including staff of the
			 Council).
			5.Duties
			(a)In
			 generalThe Council shall advise and make recommendations to
			 Federal agencies on—
				(1)proposing
			 sustainable economic growth and poverty reduction policies in a manner that
			 promotes self-determination, self-sufficiency, and independence in urban and
			 remote Native American communities while preserving the traditional cultural
			 values of those communities;
				(2)ensuring that
			 Native Americans (including Native American communities and organizations) have
			 equal access to Federal economic aid, training, and assistance programs;
				(3)developing
			 economic growth strategies, finance, and tax policies that will enable Native
			 American organizations to stimulate the local economies of Native Americans and
			 create meaningful new jobs in Native American communities;
				(4)increasing the
			 effectiveness of Federal programs to address the economic, employment, medical,
			 and social needs of Native American communities;
				(5)administering
			 Federal economic development assistance programs with an understanding of the
			 unique needs of Native American communities with the objectives of—
					(A)making Native
			 American leaders knowledgeable about best business practices and successful
			 economic and job growth strategies;
					(B)promoting
			 investment and economic growth and reducing unemployment and poverty in Native
			 American communities;
					(C)enhancing
			 governance, entrepreneurship, and self-determination in Native American
			 communities; and
					(D)fostering
			 demonstrations of transformational changes in economic conditions in remote
			 Native American communities through the use of innovative technology, targeted
			 investments, and the use of Native American-owned natural and scenic
			 resources;
					(6)improving the
			 effectiveness of economic development assistance programs through the
			 integration and coordination of assistance to Native American
			 communities;
				(7)recommending
			 educational and business training programs for Native Americans that increase
			 the capacity of Native Americans for economic well-being and to further the
			 purposes of this Act; and
				(8)initiating
			 proposals, as needed, for fellowship and mentoring programs to meet the
			 economic development needs of Native American communities.
				(b)Additional
			 dutiesThe Council shall—
				(1)prepare a
			 compilation of successful business enterprises and joint ventures conducted by
			 Native American organizations, including tribal enterprises and the commercial
			 ventures of Native Corporations (as defined in section 102 of the Alaska
			 National Interest Lands Conservation Act (16 U.S.C. 3102)) in the State of
			 Alaska; and
				(2)periodically
			 sponsor and arrange conferences and training workshops on Native American
			 business activities, including providing mentors, resource people, and speakers
			 to address financing, management, marketing, resource development, and best
			 business practices in Native American business enterprises.
				6.Assessment of
			 impacts of legislative proposals on Native American economic prospects and
			 opportunityIn preparing and
			 communicating the comments and recommendations of the President on proposed
			 legislation to committees and leadership of Congress, the Director of the
			 Office of Management and Budget and the head of a Federal agency shall include
			 an assessment of the impacts of the proposed legislation on the economic and
			 employment prospects and opportunities provided in the proposed legislation to
			 improve the quality of living conditions of Native American communities,
			 organizations, and members to the levels enjoyed by most people of the United
			 States.
		7.ReportsThe Council shall—
			(1)prepare periodic reports on the activities
			 of the Council; and
			(2)make the reports available to—
				(A)Native American communities, organizations,
			 and members;
				(B)the General Services Administration;
				(C)the Office of Management and Budget;
				(D)the Domestic Policy Council;
				(E)the National Economic Council;
				(F)the Council of Economic Advisers;
				(G)the Secretary of the Treasury;
				(H)the Secretary of Commerce;
				(I)the Secretary of Labor;
				(J)the Secretary of the Interior;
				(K)the Secretary of Energy; and
				(L)members of the public.
				8.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this Act such sums as are
			 necessary.


117 SRES 347 ATS: Designating August 16, 2021, as “National Airborne Day”.
U.S. Senate
2021-08-09
text/xml
EN
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III117th CONGRESS1st SessionS. RES. 347IN THE SENATE OF THE UNITED STATESAugust 9, 2021Mr. Reed (for himself, Ms. Murkowski, Mr. Warnock, Mr. Van Hollen, Mr. Menendez, Mr. Ossoff, Mrs. Murray, Ms. Ernst, Mr. King, Mrs. Feinstein, Mr. Manchin, Mr. Kelly, Mr. Sullivan, Ms. Rosen, Ms. Duckworth, Mrs. Shaheen, Ms. Hirono, Mr. McConnell, and Mr. Peters) submitted the following resolution; which was considered and agreed toRESOLUTIONDesignating August 16, 2021, as National Airborne Day. Whereas the members of the airborne forces of the Armed Forces of the United States have a long and honorable history as bold and fierce warriors who, for the national security of the United States and the defense of freedom and peace, project the ground combat power of the United States by air transport to the far reaches of the battle area and to the far corners of the world;Whereas, on June 25, 1940, experiments with airborne operations by the United States began when the Army Parachute Test Platoon was first authorized by the Department of War;Whereas, in July 1940, 48 volunteers began training for the Army Parachute Test Platoon;Whereas the first official Army parachute jump took place on August 16, 1940, to test the innovative concept of inserting United States ground combat forces behind a battle line by means of a parachute;Whereas the success of the Army Parachute Test Platoon before the entry of the United States into World War II validated the airborne operational concept and led to the creation of a formidable force of airborne formations that included the 11th, 13th, 17th, 82nd, and 101st Airborne Divisions;Whereas, included in those divisions, and among other separate formations, were many airborne combat, combat support, and combat service support units that served with distinction and achieved repeated success in armed hostilities during World War II;Whereas the achievements of the airborne units during World War II prompted the evolution of those units into a diversified force of parachute and air-assault units that, over the years, have fought in Korea, the Dominican Republic, Vietnam, Grenada, Panama, the Persian Gulf region, and Somalia, and have engaged in peacekeeping operations in Lebanon, Egypt's Sinai Peninsula, Haiti, Bosnia, and Kosovo;Whereas, since the terrorist attacks of September 11, 2001, the members of the United States airborne forces, including members of the XVIII Airborne Corps, the 82nd Airborne Division, the 101st Airborne Division (Air Assault), the 173rd Airborne Brigade Combat Team, the 4th Brigade Combat Team (Airborne) of the 25th Infantry Division, the 75th Ranger Regiment, special operations forces of the Army, Marine Corps, Navy, and Air Force, and other units of the Armed Forces, have demonstrated bravery and honor in combat, stability, and training operations in Afghanistan and Iraq;Whereas the modern-day airborne forces also include other elite forces composed of airborne trained and qualified special operations warriors, including Army Special Forces, Marine Corps Reconnaissance units, Navy SEALs, and Air Force combat control and pararescue teams;Whereas, of the members and former members of the United States airborne forces, thousands have achieved the distinction of making combat jumps, dozens have earned the Medal of Honor, and hundreds have earned the Distinguished Service Cross, the Silver Star, or other decorations and awards for displays of heroism, gallantry, intrepidity, and valor;Whereas the members and former members of the United States airborne forces are all members of a proud and honorable tradition that, together with the special skills and achievements of those members, distinguishes the members as intrepid combat parachutists, air assault forces, special operation forces, and, in the past, glider infantry;Whereas individuals from every State of the United States have served gallantly in the airborne forces, and each State is proud of the contributions of its paratrooper veterans during the many conflicts faced by the United States;Whereas the history and achievements of the members and former members of the United States airborne forces warrant special expressions of the gratitude of the people of the United States; andWhereas, since the airborne forces, past and present, celebrate August 16 as the anniversary of the first official jump by the Army Parachute Test Platoon, August 16 is an appropriate day to recognize as National Airborne Day: Now, therefore, be itThat the Senate—(1)designates August 16, 2021, as National Airborne Day; and(2)calls on the people of the United States to observe National Airborne Day with appropriate programs, ceremonies, and activities.


		I
		111th CONGRESS
		1st Session
		H. R. 1935
		IN THE HOUSE OF REPRESENTATIVES

			April 2, 2009
			Mr. Levin introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide for
		  the treatment of partnership interests held by partners providing
		  services.

		1.Partnership interests
			 transferred in connection with performance of services
			(a)Modification to
			 election To include partnership interest in gross income in year of
			 transferSubsection (c) of
			 section 83 of the Internal Revenue Code of 1986 is amended by redesignating
			 paragraph (4) as paragraph (5) and by inserting after paragraph (3) the
			 following new paragraph:

					(4)Partnership
				interestsExcept as provided
				by the Secretary, in the case of any transfer of an interest in a partnership
				in connection with the performance of services for (or on behalf of) such
				partnership—
						(A)the fair market value of such interest
				shall be treated for purposes of this section as being equal to the amount of
				the distribution which the partner would receive if the partnership sold (at
				the time of the transfer) all of its assets at fair market value and
				distributed the proceeds of such sale (reduced by the liabilities of the
				partnership) to its partners in liquidation of the partnership, and
						(B)the person
				receiving such interest shall be treated as having made the election under
				subsection (b)(1) unless such person makes an election under this paragraph to
				have such subsection not
				apply.
						.
			(b)Conforming
			 amendmentParagraph (2) of section 83(b) of such Code is amended
			 by inserting or subsection (c)(4)(B) after paragraph
			 (1) .
			(c)Effective
			 dateThe amendments made by this section shall apply to interests
			 in partnerships transferred after the date of the enactment of this Act.
			2.Income of partners for
			 performing investment management services treated as ordinary income received
			 for performance of services
			(a)In
			 generalPart I of subchapter K of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by adding at the end the following new
			 section:

					710.Special rules
				for partners providing investment management services to partnership
						(a)Treatment of
				distributive share of partnership itemsFor purposes of this title, in the case of
				an investment services partnership interest—
							(1)In
				generalNotwithstanding section 702(b)—
								(A)any net income
				with respect to such interest for any partnership taxable year shall be treated
				as ordinary income, and
								(B)any net loss with
				respect to such interest for such year, to the extent not disallowed under
				paragraph (2) for such year, shall be treated as an ordinary loss.
								All items
				of income, gain, deduction, and loss which are taken into account in computing
				net income or net loss shall be treated as ordinary income or ordinary loss (as
				the case may be).(2)Treatment of
				losses
								(A)LimitationAny
				net loss with respect to such interest shall be allowed for any partnership
				taxable year only to the extent that such loss does not exceed the excess (if
				any) of—
									(i)the aggregate net
				income with respect to such interest for all prior partnership taxable years,
				over
									(ii)the aggregate net
				loss with respect to such interest not disallowed under this subparagraph for
				all prior partnership taxable years.
									(B)CarryforwardAny
				net loss for any partnership taxable year which is not allowed by reason of
				subparagraph (A) shall be treated as an item of loss with respect to such
				partnership interest for the succeeding partnership taxable year.
								(C)Basis
				adjustmentNo adjustment to the basis of a partnership interest
				shall be made on account of any net loss which is not allowed by reason of
				subparagraph (A).
								(D)Prior
				partnership yearsAny reference in this paragraph to prior
				partnership taxable years shall only include prior partnership taxable years to
				which this section applies.
								(3)Net income and
				lossFor purposes of this section—
								(A)Net
				incomeThe term net income means, with respect to
				any investment services partnership interest for any partnership taxable year,
				the excess (if any) of—
									(i)all items of
				income and gain taken into account by the holder of such interest under section
				702 with respect to such interest for such year, over
									(ii)all items of
				deduction and loss so taken into account.
									(B)Net
				lossThe term net loss means, with respect to such
				interest for such year, the excess (if any) of the amount described in
				subparagraph (A)(ii) over the amount described in subparagraph (A)(i).
								(b)Dispositions of
				partnership interests
							(1)GainAny
				gain on the disposition of an investment services partnership interest shall be
				treated as ordinary income and shall be recognized notwithstanding any other
				provision of this subtitle.
							(2)LossAny
				loss on the disposition of an investment services partnership interest shall be
				treated as an ordinary loss to the extent of the excess (if any) of—
								(A)the aggregate net
				income with respect to such interest for all partnership taxable years,
				over
								(B)the aggregate net
				loss with respect to such interest allowed under subsection (a)(2) for all
				partnership taxable years.
								(3)Disposition of
				portion of interestIn the case of any disposition of an
				investment services partnership interest, the amount of net loss which
				otherwise would have (but for subsection (a)(2)(C)) applied to reduce the basis
				of such interest shall be disregarded for purposes of this section for all
				succeeding partnership taxable years.
							(4)Distributions of
				partnership propertyIn the case of any distribution of property
				by a partnership with respect to any investment services partnership interest
				held by a partner—
								(A)the excess (if
				any) of—
									(i)the fair market
				value of such property at the time of such distribution, over
									(ii)the adjusted
				basis of such property in the hands of the partnership,
									shall be taken into account as an
				increase in such partner’s distributive share of the taxable income of the
				partnership (except to the extent such excess is otherwise taken into account
				in determining the taxable income of the partnership),(B)such property
				shall be treated for purposes of subpart B of part II as money distributed to
				such partner in an amount equal to such fair market value, and
								(C)the basis of such
				property in the hands of such partner shall be such fair market value.
								Subsection
				(b) of section 734 shall be applied without regard to the preceding
				sentence.(5)Application of
				section 751In applying section 751(a), an investment services
				partnership interest shall be treated as an inventory item.
							(c)Investment
				services partnership interestFor purposes of this section—
							(1)In
				generalThe term
				investment services partnership interest means any interest in a
				partnership which is held by any person if it was reasonably expected (at the
				time that such person acquired such interest) that such person (or any person
				related to such person) would provide (directly or indirectly) a substantial
				quantity of any of the following services:
								(A)Advising as to the
				advisability of investing in, purchasing, or selling any specified
				asset.
								(B)Managing,
				acquiring, or disposing of any specified asset.
								(C)Arranging
				financing with respect to acquiring specified assets.
								(D)Any activity in
				support of any service described in subparagraphs (A) through (C).
								For
				purposes of this paragraph, the term specified asset means
				securities (as defined in section 475(c)(2) without regard to the last sentence
				thereof), real estate held for rental or investment, interests in partnerships,
				commodities (as defined in section 475(e)(2)), or options or derivative
				contracts with respect to any of the foregoing.(2)Exception for
				certain capital interests
								(A)In
				generalIn the case of any portion of an investment services
				partnership interest which is a qualified capital interest, all items of
				income, gain, loss, and deduction which are allocated to such qualified capital
				interest shall not be taken into account under subsection (a) if—
									(i)allocations of
				items are made by the partnership to such qualified capital interest in the
				same manner as such allocations are made to other qualified capital interests
				held by partners who do not provide any services described in paragraph (1) and
				who are not related to the partner holding the qualified capital interest,
				and
									(ii)the allocations
				made to such other interests are significant compared to the allocations made
				to such qualified capital interest.
									(B)Special rule for
				dispositionsIn the case of
				any investment services partnership interest any portion of which is a
				qualified capital interest, subsection (b) shall not apply to so much of any
				gain or loss as bears the same proportion to the entire amount of such gain or
				loss as—
									(i)the distributive share of gain or loss that
				would have been allocable to the qualified capital interest under subparagraph
				(A) if the partnership sold all of its assets immediately before the
				disposition, bears to
									(ii)the distributive
				share of gain or loss that would have been so allocable to the investment
				services partnership interest of which such qualified capital interest is a
				part.
									(C)Qualified
				capital interestFor purposes of this paragraph, the term
				qualified capital interest means so much of a partner’s interest
				in the capital of the partnership as is attributable to—
									(i)the fair market
				value of any money or other property contributed to the partnership in exchange
				for such interest,
									(ii)any amounts which
				have been included in gross income under section 83 with respect to the
				transfer of such interest, and
									(iii)the excess (if
				any) of—
										(I)any items of
				income and gain taken into account under section 702 with respect to such
				interest for taxable years to which this section applies, over
										(II)any items of
				deduction and loss so taken into account.
										The qualified capital interest
				shall be reduced by distributions from the partnership to the partner and by
				the excess (if any) of the amount described in clause (iii)(II) over the amount
				described in clause (iii)(I).(D)Treatment of
				certain loans
									(i)Proceeds of
				partnership loans not treated as qualified capital interest of service
				providing partnersFor purposes of this paragraph, an investment
				services partnership interest shall not be treated as a qualified capital
				interest to the extent that such interest is acquired in connection with the
				proceeds of any loan or other advance made or guaranteed, directly or
				indirectly, by any partner or the partnership (or any person related to any
				such partner or the partnership).
									(ii)Reduction in
				allocations to qualified capital interests for loans from nonservice providing
				partners to the partnershipFor purposes of this paragraph, any
				loan or other advance to the partnership made or guaranteed, directly or
				indirectly, by a partner not providing services described in paragraph (1) to
				the partnership (or any person related to such partner) shall be taken into
				account as invested capital of such partner.
									(3)Related
				personsA person shall be
				treated as related to another person if the relationship between such persons
				would result in a disallowance of losses under section 267 or 707(b).
							(d)Other income and
				gain in connection with investment management services
							(1)In
				generalIf—
								(A)a person performs
				(directly or indirectly) investment management services for any entity,
								(B)such person holds
				a disqualified interest with respect to such entity, and
								(C)the value of such interest (or payments
				thereunder) is substantially related to the amount of income or gain (whether
				or not realized) from the assets with respect to which the investment
				management services are performed,
								any income
				or gain with respect to such interest shall be treated as ordinary income.
				Rules similar to the rules of subsection (c)(2) shall apply where such interest
				was acquired on account of invested capital in such entity.(2)DefinitionsFor
				purposes of this subsection—
								(A)Disqualified
				interest
									(i)In
				generalThe term disqualified interest means, with
				respect to any entity—
										(I)any interest in
				such entity other than indebtedness,
										(II)convertible or
				contingent debt of such entity,
										(III)any option or
				other right to acquire property described in subclause (I) or (II), and
										(IV)any derivative
				instrument entered into (directly or indirectly) with such entity or any
				investor in such entity.
										(ii)ExceptionsSuch
				term shall not include—
										(I)a partnership
				interest,
										(II)stock in a
				taxable corporation, and
										(III)except as
				provided by the Secretary, stock in an S corporation.
										(B)Taxable
				corporationThe term taxable corporation
				means—
									(i)a
				domestic C corporation, or
									(ii)a
				foreign corporation substantially all of the income of which is—
										(I)effectively
				connected with the conduct of a trade or business in the United States,
				or
										(II)subject to a
				comprehensive foreign income tax (as defined in section 457A(d)(2)).
										(C)Investment
				management servicesThe term investment management
				services means a substantial quantity of any of the services described
				in subsection (c)(1).
								(e)RegulationsThe
				Secretary shall prescribe such regulations as are necessary or appropriate to
				carry out the purposes of this section, including regulations to—
							(1)provide
				modifications to the application of this section (including treating related
				persons as not related to one another) to the extent such modification is
				consistent with the purposes of this section,
							(2)prevent the
				avoidance of the purposes of this section, and
							(3)coordinate this
				section with the other provisions of this title.
							(f)Cross
				referenceFor 40 percent no fault penalty on certain
				underpayments due to the avoidance of this section, see section
				6662.
						.
			(b)Income from
			 investment services partnership interests not treated as qualifying income of
			 publicly traded partnershipsSubsection (d) of section 7704 of
			 such Code is amended by adding at the end the following new paragraph:

					(6)Income from
				investment services partnership interests not qualified
						(A)In
				generalItems of income and gain shall not be treated as
				qualifying income if such items are treated as ordinary income by reason of the
				application of section 710 (relating to special rules for partners providing
				investment management services to partnership).
						(B)Special rules
				for certain partnerships
							(i)Certain
				partnerships owned by real estate investment trustsSubparagraph
				(A) shall not apply in the case of a partnership which meets each of the
				following requirements:
								(I)Such partnership
				is treated as publicly traded under this section solely by reason of interests
				in such partnership being convertible into interests in a real estate
				investment trust which is publicly traded.
								(II)50 percent or more of the capital and
				profits interests of such partnership are owned, directly or indirectly, at all
				times during the taxable year by such real estate investment trust (determined
				with the application of section 267(c)).
								(III)Such partnership
				meets the requirements of paragraphs (2), (3), and (4) of section
				856(c).
								(ii)Certain
				partnerships owning other publicly traded
				partnershipsSubparagraph (A) shall not apply in the case of a
				partnership which meets each of the following requirements:
								(I)Substantially all
				of the assets of such partnership consist of interests in one or more other
				partnerships which are traded on an established securities market.
								(II)Substantially all
				of the income of such partnership is ordinary income or section 1231 gain (as
				defined in section 1231(a)(3)).
								(C)Transitional
				ruleIn the case of a partnership in existence on the date of the
				enactment of this paragraph, subparagraph (A) shall not apply to any taxable
				year of the partnership beginning before the date which is 10 years after the
				date of the enactment of this paragraph.
						.
			(c)Imposition of
			 penalty on underpayments
				(1)In
			 generalSubsection (b) of section 6662 of such Code is amended by
			 inserting after paragraph (5) the following new paragraph:

						(6)The application of
				subsection (d) of section 710 or the regulations prescribed under section
				710(e) to prevent the avoidance of the purposes of section
				710.
						.
				(2)Amount of
			 penalty
					(A)In
			 generalSection 6662 of such Code is amended by adding at the end
			 the following new subsection:

							(i)Increase in
				penalty in case of property transferred for investment management
				servicesIn the case of any portion of an underpayment to which
				this section applies by reason of subsection (b)(6), subsection (a) shall be
				applied with respect to such portion by substituting 40 percent
				for 20
				percent.
							.
					(B)Conforming
			 amendmentsSubparagraph (B) of section 6662A(e)(2) of such Code
			 is amended—
						(i)by
			 striking section 6662(h) and inserting subsection (h) or
			 (i) of section 6662, and
						(ii)by
			 striking gross
			 valuation misstatement penalty in the heading and
			 inserting certain
			 increased underpayment penalties.
						(3)Reasonable cause
			 exception not applicableSubsection (c) of section 6664 of such
			 Code is amended—
					(A)by redesignating
			 paragraphs (2) and (3) as paragraphs (3) and (4), respectively,
					(B)by striking
			 paragraph (2) in paragraph (4), as so redesignated, and
			 inserting paragraph (3), and
					(C)by inserting after
			 paragraph (1) the following new paragraph:

							(2)ExceptionParagraph
				(1) shall not apply to any portion of an underpayment to which this section
				applies by reason of subsection
				(b)(6).
							.
					(d)Income and loss
			 from investment services partnership interests taken into account in
			 determining net earning from self-employment
				(1)Internal Revenue
			 CodeSection 1402(a) of such Code is amended by striking
			 and at the end of paragraph (16), by striking the period at the
			 end of paragraph (17) and inserting ; and, and by inserting
			 after paragraph (17) the following new paragraph:

						(18)notwithstanding the preceding provisions of
				this subsection, any amount treated as ordinary income or ordinary loss of any
				individual under section 710 shall be taken into account in determining the net
				earnings from self-employment of such
				individual.
						.
				(2)Social Security
			 ActSection 211(a) of the Social Security Act is amended by
			 inserting after paragraph (16) the following new paragraph:

						(17)Notwithstanding the preceding provisions of
				this subsection, any amount treated as ordinary income or ordinary loss of any
				individual under section 710 of the Internal Revenue Code of 1986 shall be
				taken into account in determining the net earnings from self-employment of such
				individual.
						.
				(e)Conforming
			 amendments
				(1)Subsection (d) of
			 section 731 of the Internal Revenue Code of 1986 is amended by inserting
			 section 710(b)(4) (relating to distributions of partnership
			 property), after to the extent otherwise provided
			 by.
				(2)Section 741 of
			 such Code is amended by inserting or section 710 (relating to special
			 rules for partners providing investment management services to
			 partnership) before the period at the end.
				(3)The table of sections for part I of
			 subchapter K of chapter 1 of such Code is amended by adding at the end the
			 following new item:

							Sec. 710. Special rules for partners providing investment
				management services to
				partnership.

						.
				(f)Effective
			 date
				(1)In
			 generalExcept as otherwise provided in this subsection, the
			 amendments made by this section shall apply to taxable years ending after
			 ___.
				(2)Partnership
			 taxable years which include effective dateIn applying section
			 710(a) of the Internal Revenue Code of 1986 (as added by this section) in the
			 case of any partnership taxable year which includes ___, the amount of the net
			 income referred to in such section shall be treated as being the lesser of the
			 net income for the entire partnership taxable year or the net income determined
			 by only taking into account items attributable to the portion of the
			 partnership taxable year which is after such date.
				(3)Dispositions of
			 partnership interestsSection
			 710(b) of the Internal Revenue Code of 1986 (as added by this section) shall
			 apply to dispositions and distributions after ___.
				(4)Other income and
			 gain in connection with investment management servicesSection 710(d) of such Code (as added by
			 this section) shall take effect on ___.
				(5)Publicly traded
			 partnershipsThe amendment made by subsection (b) shall apply to
			 taxable years beginning after ___.
				3.Application to
			 partnership interests and tax sharing agreements of rule treating certain gain
			 on sales between related persons as ordinary income
			(a)Partnership
			 interests
				(1)In
			 generalSubsection (a) of section 1239 of the Internal Revenue
			 Code of 1986 is amended to read as follows:

						(a)Treatment of
				gain as ordinary incomeIn the case of a sale or exchange of
				property, directly or indirectly, between related persons, any gain recognized
				to the transferor shall be treated as ordinary income if—
							(1)such property is,
				in the hands of the transferee, of a character which is subject to the
				allowance for depreciation provided in section 167, or
							(2)such property is an interest in a
				partnership, but only to the extent of gain attributable to unrealized
				appreciation in property which is of a character subject to the allowance for
				depreciation provided in section
				167.
							.
				(2)Treatment of
			 amortizable section 197 intangibles as depreciable
			 propertySection 1239 of such Code is amended by adding at the
			 end the following new subsection:

						(f)Treatment of
				amortizable section 197 intangibles as depreciable propertyFor treatment of amortizable section 197
				intangibles as depreciable property, see section
				197(f)(7).
						.
				(b)Tax sharing
			 agreementsSection 1239 of
			 such Code (relating to gain from sale of depreciable property between certain
			 related taxpayers) is amended by adding at the end the following new
			 subsection:

					(f)Application to
				tax sharing agreements
						(1)In
				generalIf there is a tax sharing agreement with respect to any
				sale or exchange, the transferee and the transferor shall be treated as related
				persons for purposes of this section.
						(2)Tax sharing
				agreementFor purposes of
				this subsection, the term tax sharing agreement means any
				agreement which provides for the payment to the transferor of any amount which
				is determined by reference to any portion of the tax benefit realized by the
				transferee with respect to the depreciation (or amortization) of the property
				transferred.
						.
			(c)Effective
			 dateThe amendment made by this section shall apply to sales and
			 exchanges after ___.


		IV
		112th CONGRESS
		1st Session
		H. RES. 248
		IN THE HOUSE OF REPRESENTATIVES

			May 4, 2011
			Mr. Owens submitted
			 the following resolution; which was referred to the
			 Committee on Armed
			 Services, and in addition to the
			 Select Committee on Intelligence (Permanent
			 Select), for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		RESOLUTION
		Honoring the members of the military and
		  intelligence community who carried out the mission that killed Osama bin Laden,
		  and for other purposes.

		Whereas on May 1, 2011, United States personnel killed
			 terrorist leader Osama bin Laden during the course of a targeted strike against
			 his secret compound in Abbottabad, Pakistan;
		Whereas Osama bin Laden was the leader of the al Qaeda
			 terrorist organization, the most significant terrorism threat to the United
			 States and the international community;
		Whereas Osama bin Laden was the architect of terrorist
			 attacks which killed nearly 3,000 civilians on September 11, 2001, the most
			 deadly terrorist attack against our Nation, in which al Qaeda terrorists
			 hijacked four airplanes and crashed them into the World Trade Center in New
			 York City, the Pentagon in Washington, DC, and, due to heroic efforts by
			 civilian passengers to disrupt the terrorists, near Shanksville,
			 Pennsylvania;
		Whereas Osama bin Laden planned or supported numerous
			 other deadly terrorist attacks against the United States and its allies,
			 including the 1998 bombings of United States embassies in Kenya and Tanzania
			 and the 2000 attack on the U.S.S. Cole in Yemen, and against innocent civilians
			 in countries around the world, including the 2004 attack on commuter trains in
			 Madrid, Spain, and the 2005 bombings of the mass transit system in London,
			 England;
		Whereas following the September 11, 2001, terrorist
			 attacks, the United States, under President George W. Bush, led an
			 international coalition into Afghanistan to dismantle al Qaeda, deny them a
			 safe haven in Afghanistan and ungoverned areas along the Pakistani border, and
			 bring Osama bin Laden to justice;
		Whereas President Barack Obama in 2009 committed
			 additional forces and resources to efforts in Afghanistan and Pakistan as
			 the central front in our enduring struggle against terrorism and
			 extremism;
		Whereas the valiant members of the United States Armed
			 Forces have courageously and vigorously pursued al Qaeda and its affiliates in
			 Afghanistan and around the world;
		Whereas the anonymous, unsung heroes of the intelligence
			 community have pursued al Qaeda and affiliates in Afghanistan, Pakistan, and
			 around the world with tremendous dedication, sacrifice, and
			 professionalism;
		Whereas the close collaboration between the Armed Forces
			 and the intelligence community prompted the Director of National Intelligence,
			 General James Clapper, to state, Never have I seen a more remarkable
			 example of focused integration, seamless collaboration, and sheer professional
			 magnificence as was demonstrated by the Intelligence Community in the ultimate
			 demise of Osama bin Laden.;
		Whereas while the death of Osama bin Laden represents a
			 significant blow to the al Qaeda organization and its affiliates and to
			 terrorist organizations around the world, terrorism remains a critical threat
			 to United States national security; and
		Whereas President Obama said, For over two decades,
			 bin Laden has been al Qaeda’s leader and symbol, and has continued to plot
			 attacks against our country and our friends and allies. The death of bin Laden
			 marks the most significant achievement to date in our Nation’s effort to defeat
			 al Qaeda.: Now, therefore, be it

		That the House of
			 Representatives—
			(1)declares that the
			 death of Osama bin Laden represents a measure of justice and relief for the
			 families and friends of the nearly 3,000 men and women who lost their lives on
			 September 11, 2001, the men and women in the United States and around the world
			 who have been killed by other al Qaeda-sponsored attacks, the men and women of
			 the United States Armed Forces and the intelligence community who have
			 sacrificed their lives pursuing Osama bin Laden and al Qaeda;
			(2)commends the men
			 and women of the United States Armed Forces and the United States intelligence
			 community for the tremendous commitment, perseverance, professionalism, and
			 sacrifice they displayed in bringing Osama bin Laden to justice;
			(3)commends the men
			 and women of the United States Armed Forces and the United States intelligence
			 community for committing themselves to defeating, disrupting, and dismantling
			 al Qaeda;
			(4)commends the
			 President for ordering the successful operations to locate and eliminate Osama
			 bin Laden; and
			(5)reaffirms its
			 commitment to disrupting, dismantling, and defeating al Qaeda and affiliated
			 organizations around the world that threaten United States national security,
			 eliminating a safe haven for terrorists in Afghanistan and Pakistan, and
			 bringing terrorists to justice.