### **CHAPTER 70—STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS**

#### SUBCHAPTER I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

Sec.
6301.
Statement of purpose.
6302.
Authorization of appropriations.
6303.
School improvement.
6303a.
Whole-school reform strategy.
6303b.
Direct student services.
6304.
State administration.

#### Part A—Improving Basic Programs Operated by Local Educational Agencies

#### subpart 1—basic program requirements

6311.
State plans.
6312.
Local educational agency plans.
6313.
Eligible school attendance areas.
6314.
Schoolwide programs.
6315.
Targeted assistance schools.
6316, 6317. Repealed.
6318.
Parent and family engagement.
6319.
Repealed.
6320.
Participation of children enrolled in private schools.
6321.
Fiscal requirements.
6322.
Coordination requirements.

#### subpart 2—allocations

6331.
Grants for the outlying areas and the Secretary of the Interior.
6332.
Allocations to States.
6333.
Basic grants to local educational agencies.
6334.
Concentration grants to local educational agencies.
6335.
Targeted grants to local educational agencies.
6336.
Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001.
6337.
Education finance incentive grant program.
6338.
Special allocation procedures.
6339.
Carryover and waiver.

#### Part B—State Assessment Grants

6361.
Grants for State assessments and related activities.
6362.
State option to conduct assessment system audit.
6363.
Allotment of appropriated funds.
6364.
Innovative assessment and accountability demonstration authority.

#### Part C—Education of Migratory Children

6391.
Program purposes.
6392.
Program authorized.
6393.
State allocations.
6394.
State applications; services.
6395.
Secretarial approval; peer review.
6396.
Comprehensive needs assessment and service-delivery plan; authorized activities.
6397.
Bypass.
6398.
Coordination of migrant education activities.
6399.
Definitions.

#### Part D—Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk

6421.
Purpose and program authorization.
6422.
Payments for programs under this part.

#### subpart 1—state agency programs

6431.
Eligibility.
6432.
Allocation of funds.
6433.
State reallocation of funds.
6434.
State plan and State agency applications.
6435.
Use of funds.
6436.
Institution-wide projects.
6437.
Three-year programs or projects.
6438.
Transition services.
6439.
Technical assistance.

#### subpart 2—local agency programs

6451.
Purpose.
6452.
Programs operated by local educational agencies.
6453.
Local educational agency applications.
6454.
Uses of funds.
6455.
Program requirements for correctional facilities receiving funds under this section.
6456.
Accountability.

#### subpart 3—general provisions

6471.
Program evaluations.
6472.
Definitions.

#### Part E—Flexibility for Equitable Per-Pupil Funding

6491.
Flexibility for equitable per-pupil funding.

#### Part F—General Provisions

6571.
Federal regulations.
6572.
Agreements and records.
6573.
State administration.
6574.
Repealed.
6575.
Prohibition against Federal mandates, direction, or control.
6576.
Rule of construction on equalized spending.
6577, 6578. Repealed.

#### SUBCHAPTER II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS

6601.
Purpose.
6602.
Definitions.
6603.
Authorization of appropriations.

#### Part A—Supporting Effective Instruction

6611.
Formula grants to States.
6612.
Subgrants to local educational agencies.
6613.
Local uses of funds.
6614.
Reporting.

#### Part B—National Activities

6621.
Reservations.

#### subpart 1—teacher and school leader incentive program

6631.
Purposes; definitions.
6632.
Teacher and school leader incentive fund grants.
6633.
Reports.

#### subpart 2—literacy education for all, results for the nation

6641.
Purposes; definitions.
6642.
Comprehensive literacy State development grants.
6643.
Subgrants to eligible entities in support of birth through kindergarten entry literacy.
6644.
Subgrants to eligible entities in support of kindergarten through grade 12 literacy.
6645.
National evaluation and information dissemination.
6646.
Innovative approaches to literacy.

#### subpart 3—american history and civics education

6661.
Program authorized.
6662.
Presidential and Congressional Academies for American History and Civics.
6663.
National activities.

#### subpart 4—programs of national significance

6671.
Funding allotment.
6672.
Supporting effective educator development.
6673.
School leader recruitment and support.
6674.
Technical assistance and national evaluation.
6675.

#### subpart 5—recognizing achievement in classified school employees

6681.
Findings.
6682.
Definitions.
6683.
Recognition program established.
STEM master teacher corps.

#### Part C—General Provisions

6691.
Supplement, not supplant.
6692.
Rules of construction.

#### SUBCHAPTER III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS

6801.
Authorization of appropriations.

#### Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act

6811.
Short title.
6812.
Purposes.

#### subpart 1—grants and subgrants for english language acquisition and language enhancement

6821.
Formula grants to States.
6822.
Native American and Alaska Native children in school.
6823.
State and specially qualified agency plans.
6824.
Within-State allocations.
6825.
Subgrants to eligible entities.
6826.
Local plans.

#### subpart 2—accountability and administration

6841.
Reporting.
6842.
Repealed.
6843.
Biennial reports.
6844.
Coordination with related programs.
6845.
Rules of construction.
6846.
Legal authority under State law.
6847.
Civil rights.
6848.
Programs for Native Americans and Puerto Rico.
6849.
Prohibition.

#### subpart 3—national activities

6861.
National professional development project.

#### subpart 4—definitions

6871.
Repealed.

#### Part B—General Provisions

7011.
Definitions.
7012.
Repealed.
7013.
National clearinghouse.
7014.
Regulations.

#### SUBCHAPTER IV—21ST CENTURY SCHOOLS

#### Part A—Student Support and Academic Enrichment Grants

7101.
General provisions.
7102, 7103. Repealed.

#### subpart 1—student support and academic enrichment grants

7111.
Purpose.
7112.
Definitions.
7113.
Formula grants to States.
7114.
State use of funds.
7115.
Allocations to local educational agencies.
7116.
Local educational agency applications.
7117.
Activities to support well-rounded educational opportunities.
7118.
Activities to support safe and healthy students.
7119.
Activities to support the effective use of technology.
7120.
Supplement, not supplant.
7121.
Rule of construction.
7122.
Authorization of appropriations.

#### subpart 2—internet safety

7131.
Internet safety.

#### subpart 3—gun possession

7151.
Transferred.

#### subpart 4—general provisions

7161 to 7164. Repealed.
7165.
Transferred.

#### Part B—21st Century Community Learning Centers

7171.
Purpose; definitions.
7172.
Allotments to States.
7173.
State application.
7174.
Local competitive subgrant program.
7175.
Local activities.
7176.
Authorization of appropriations.

#### Part C—Expanding Opportunity Through Quality Charter Schools

7221.
Purpose.
7221a.
Program authorized.
7221b.
Grants to support high-quality charter schools.
7221c.
Facilities financing assistance.
7221d.
National activities.
7221e.
Federal formula allocation during first year and for successive enrollment expansions.
7221f.
Solicitation of input from charter school operators.
7221g.
Records transfer.
7221h.
Paperwork reduction.
7221i.
Definitions.
7221j.
Authorization of appropriations.

#### Part D—Magnet Schools Assistance

7231.
Findings and purpose.
7231a.
Definition.
7231b.
Program authorized.
7231c.
Eligibility.
7231d.
Applications and requirements.
7231e.
Priority.
7231f.
Use of funds.
7231g.
Repealed.
7231h.
Limitations.
7231i.
Repealed.
7231j.
Authorization of appropriations; reservation.

#### Part E—Family Engagement in Education Programs

7241.
Purposes.
7242.
Grants authorized.
7243.
Applications.
7244.
Uses of funds.
7245.
Family engagement in Indian schools.
7246.
Authorization of appropriations.

#### Part F—National Activities

7251.
Authorization of appropriations; reservations.

#### subpart 1—education innovation and research

7261.
Grants for education innovation and research.

#### subpart 2—community support for school success

7271.
Purposes.
7272.
Definitions.
7273.
Program authorized.
7274.
Promise neighborhoods.
7275.
Full-service community schools.

#### subpart 3—national activities for school safety

7281.
National activities for school safety.

#### subpart 4—academic enrichment

7291.
Awards for academic enrichment.
7292.
Assistance for arts education.
7293.
Ready to learn programming.
7294.
Supporting high-ability learners and learning.

#### SUBCHAPTER V—FLEXIBILITY AND ACCOUNTABILITY

#### Part A—Funding Transferability for State and Local Educational Agencies

7305.
Short title.
7305a.
Purpose.
7305b.
Transferability of funds.

#### Part B—Rural Education Initiative

7341.
Short title.
7341a.
Purpose.

#### subpart 1—small, rural school achievement program

7345.
Use of applicable funding.
7345a.
Grant program authorized.
7345b.
Repealed.

#### subpart 2—rural and low-income school program

7351.
Program authorized.
7351a.
Uses of funds.
7351b.
Applications.
7351c.
Report.
7351d.
Choice of participation.

#### subpart 3—general provisions

7355.
Annual average daily attendance determination.
7355a.
Supplement, not supplant.
7355b.
Rule of construction.
7355c.
Authorization of appropriations.

#### Part C—General Provisions

7371.
Prohibition against Federal mandates, direction, or control.
7372.
Rule of construction on equalized spending.

#### SUBCHAPTER VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

#### Part A—Indian Education

7401.
Statement of policy.
7402.
Purpose.

#### subpart 1—formula grants to local educational agencies

7421.
Purpose.
7422.
Grants to local educational agencies and tribes.
7423.
Amount of grants.
7424.
Applications.
7425.
Authorized services and activities.
7426.
Integration of services authorized.
7427.
Student eligibility forms.
7428.
Payments.
7429.
State educational agency review.

#### subpart 2—special programs and projects to improve educational opportunities for indian children

7441.
Improvement of educational opportunities for Indian children and youth.
7442.
Professional development for teachers and education professionals.

#### subpart 3—national activities

7451.
National research activities.
7452.
Grants to tribes for education administrative planning, development, and coordination.
7453.
Native American and Alaska Native language immersion schools and programs.
7454 to 7456. Repealed or Transferred.
7457.
Native American language resource centers.

#### subpart 4—federal administration

7471.
National Advisory Council on Indian Education.
7472.
Peer review.
7473.
Preference for Indian applicants.
7474.
Minimum grant criteria.

#### subpart 5—definitions; authorizations of appropriations

7491.
Definitions.
7492.
Authorizations of appropriations.

#### Part B—Native Hawaiian Education

7511.
Short title.
7512.
Findings.
7513.
Purposes.
7514.
Native Hawaiian Education Council.
7515.
Program authorized.
7516.
Administrative provisions.
7517.
Definitions.

#### Part C—Alaska Native Education

7541.
Short title.
7542.
Findings.
7543.
Purposes.
7544.
Program authorized.
7545.
Administrative provisions.
7546.
Definitions.

#### SUBCHAPTER VII—IMPACT AID

7701.
Purpose.
7702.
Payments relating to Federal acquisition of real property.
7703.
Payments for eligible federally connected children.
7703a.
Impact aid for children with severe disabilities.
7703b.
Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
7703c.
Plan and authority to assist local educational agencies experiencing growth in enrollment due to force structure changes, relocation of military units, or base closures and realignments.
7703d.
Assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations.
7704.
Policies and procedures relating to children residing on Indian lands.
7705.
Application for payments under sections 7702 and 7703 of this title.
7707.
Construction.
7708.
Facilities.
7709.
State consideration of payments in providing State aid.
7710.
Federal administration.
7711.
Administrative hearings and judicial review.
7712.
Forgiveness of overpayments.
7713.
Definitions.
7713a.
School facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments.
7714.
Authorization of appropriations.

#### SUBCHAPTER VIII—GENERAL PROVISIONS

#### Part A—Definitions

7801.
Definitions.
7802.
Applicability of subchapter.
7803.
Applicability to Bureau of Indian Education operated schools.

#### Part B—Flexibility in the Use of Administrative and Other Funds

7821.
Consolidation of State administrative funds for elementary and secondary education programs.
7822.
Single local educational agency States.
7823.
Consolidation of funds for local administration.
7824.
Consolidated set-aside for Department of the Interior funds.
7825.
Department staff.

#### Part C—Coordination of Programs; Consolidated State and Local Plans and Applications

7841.
Purposes.
7842.
Optional consolidated State plans or applications.
7843.
Consolidated reporting.
7844.
General applicability of State educational agency assurances.
7845.
Consolidated local plans or applications.
7846.
Other general assurances.

#### Part D—Waivers

7861.
Waivers of statutory and regulatory requirements.

#### Part E—Approval and Disapproval of State Plans and Local Applications

7871.
Approval and disapproval of State plans.
7872.
Approval and disapproval of local educational agency applications.

#### Part F—Uniform Provisions

#### subpart 1—private schools

7881.
Participation by private school children and teachers.
7882.
Standards for by-pass.
7883.
Complaint process for participation of private school children.
7884.
By-pass determination process.
7885.
Prohibition against funds for religious worship or instruction.
7886.
Private, religious, and home schools.

#### subpart 2—other provisions

7901.
Maintenance of effort.
7902.
Prohibition regarding State aid.
7903.
Privacy of assessment results.
7904.
School prayer.
7905.
Equal access to public school facilities.
7906.
Prohibited uses of funds.
7906a.
Prohibition against Federal mandates, direction, or control.
7907.
Prohibitions on Federal Government and use of Federal funds.
7908.
Armed Forces recruiter access to students and student recruiting information.
7909.
Prohibition on federally sponsored testing.
7910.
Limitations on national testing or certification for teachers, principals, or other school leaders.
7910a.
Prohibition on requiring State participation.
7911.
Prohibition on nationwide database.
7912.
Unsafe school choice option.
7913.
Prohibition on discrimination.
7914.
Civil rights.
7915.
Rulemaking.
7916.
Severability.
7917.
Transfer of school disciplinary records.
7918.
Consultation with Indian tribes and tribal organizations.
7919.
Outreach and technical assistance for rural local educational agencies.
7920.
Consultation with the Governor.
7921.
Local governance.
7922.
Rule of construction regarding travel to and from school.
7923.
Limitations on school-based health centers.
7924.
State control over standards.
7925.
Sense of Congress on protecting student privacy.
7926.
Prohibition on aiding and abetting sexual abuse.
7927.
Sense of Congress on restoration of State sovereignty over public education.
7928.
Privacy.
7929.
Analysis and periodic review of departmental guidance.
7930.
Sense of Congress.
7931.
Sense of Congress on early learning and child care.
7932.
Technical assistance.
7933.
Preventing improper use of taxpayer funds.
7934.
Accountability to taxpayers through monitoring and oversight.

#### subpart 3—teacher liability protection

7941.
Short title.
7942.
Purpose.
7943.
Definitions.
7944.
Applicability.
7945.
Preemption and election of State nonapplicability.
7946.
Limitation on liability for teachers.
7947.
Allocation of responsibility for noneconomic loss.
7948.
Effective date.

#### subpart 4—gun possession

7961.
Gun-free requirements.

#### subpart 5—environmental tobacco smoke

7971.
Short title.
7972.
Definitions.
7973.
Nonsmoking policy for children's services.
7974.
Preemption.

#### Part G—Evaluations

7981.
Evaluations.

#### SUBCHAPTER X—PROGRAMS OF NATIONAL SIGNIFICANCE

#### Part A—Fund for the Improvement of Education

8001 to 8007. Repealed.

#### Part B—Gifted and Talented Children

8031 to 8037. Repealed.

#### Part C—Public Charter Schools

#### subpart 1—basic charter school grant program

8061 to 8067. Repealed.

#### subpart 2—credit enhancement initiatives to assist charter school facility acquisition, construction, and renovation

8071 to 8071j. Repealed.

#### Part D—Arts in Education

#### subpart 1—arts education

8091.
Repealed.

#### subpart 2—cultural partnerships for at-risk children and youth

8101 to 8105. Repealed.

#### Part E—Inexpensive Book Distribution Program

8131.
Repealed.

#### Part F—Civic Education

8141 to 8143. Repealed.

#### Part G—Allen J. Ellender Fellowship Program

8161.
Repealed.

#### subpart 1—program for middle and secondary school students

8171, 8172. Repealed.

#### subpart 2—program for middle and secondary school teachers

8181, 8182. Repealed.

#### subpart 3—programs for recent immigrants, students of migrant parents and older americans

8191, 8192. Repealed.

#### subpart 4—general provisions

8201, 8202. Repealed.

#### Part H—De Lugo Territorial Education Improvement Program

8221 to 8224. Repealed.

#### Part I—21st Century Community Learning Centers

8241 to 8247. Repealed.

#### Part J—Urban and Rural Education Assistance

8271, 8272. Repealed.

#### subpart 1—urban education demonstration grants

8281 to 8284. Repealed.

#### subpart 2—rural education initiative

8291 to 8297. Repealed.

#### subpart 3—white house conferences

8311, 8312. Repealed.

#### Part K—National Writing Project

8331, 8332. Repealed.

#### Part L—Physical Education for Progress

8351 to 8361. Repealed.

#### Part M—Territorial Assistance

8371.
Repealed.

#### SUBCHAPTER XI—COORDINATED SERVICES

8401 to 8407. Repealed.

#### SUBCHAPTER XII—SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT

8501 to 8513. Repealed.

#### SUBCHAPTER XIII—SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE EDUCATION

8601, 8602. Repealed.

#### Part A—Comprehensive Regional Assistance Centers

8621 to 8625. Transferred.

#### Part B—National Diffusion Network

8651, 8652. Transferred.

#### Part C—Eisenhower Regional Mathematics and Science Education Consortia

8671 to 8678. Transferred.

#### Part D—Technology-Based Technical Assistance

8701.
Transferred.

#### SUBCHAPTER XIV—GENERAL PROVISIONS

#### Part A—Definitions

8801 to 8803. Repealed.

#### Part B—Flexibility in the Use of Administrative and Other Funds

8821 to 8826. Repealed.

#### Part C—Coordination of Programs; Consolidated State and Local Plans and Applications

8851 to 8857. Repealed.

#### Part D—Waivers

8881.
Repealed.

#### Part E—Uniform Provisions

8891 to 8904. Repealed.

#### Part F—Gun Possession

8921 to 8923. Repealed.

#### Part G—Evaluations

8941.
Repealed.

#### Part H—Sense of Congress

8961, 8962. Repealed.

#### **Editorial Notes**

#### Codification

The Elementary and Secondary Education Act of 1965, comprising this chapter, was originally enacted as Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and amended by Pub. L. 89–750, Nov. 3, 1966, 80 Stat. 1191; Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 783; Pub. L. 90–576, title III, §307, Oct. 16, 1968, 82 Stat. 1097; Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92–318, June 23, 1972, 86 Stat. 235; Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94–193, §1(c), Dec. 31, 1975, 89 Stat. 1102; Pub. L. 94–273, §§2(12), 3(8), 49(a)–(c), Apr. 21, 1976, 90 Stat. 375, 376, 382; Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–112, Aug. 24, 1977, 91 Stat. 911, and was classified to sections 241a et seq., 242 et seq., 331 et seq., 821 et seq., and 1801 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, and amended by Pub. L. 96–46, Aug. 6, 1979, 93 Stat. 338; Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 96–470, Oct. 19, 1980, 94 Stat. 2237; Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 98–211, Dec. 8, 1983, 97 Stat. 1412; Pub. L. 98–511, Oct. 19, 1984, 98 Stat. 2366; Pub. L. 98–524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99–159, Nov. 22, 1985, 99 Stat. 887, and was classified to section 2701 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 130, and amended by Pub. L. 100–569, Oct. 31, 1988, 102 Stat. 2862; Pub. L. 100–570, Oct. 31, 1988, 102 Stat. 2865; Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 4181; Pub. L. 101–226, Dec. 12, 1989, 103 Stat. 1928; Pub. L. 101–250, Mar. 6, 1990, 104 Stat. 96; Pub. L. 101–476, Oct. 30, 1990, 104 Stat. 1103; Pub. L. 101–589, Nov. 16, 1990, 104 Stat. 2881; Pub. L. 101–600, Nov. 16, 1990, 104 Stat. 3042; Pub. L. 101–647, Nov. 29, 1990, 104 Stat. 4789; Pub. L. 102–62, June 27, 1991, 105 Stat. 305; Pub. L. 102–73, July 25, 1991, 105 Stat. 333; Pub. L. 102–103, Aug. 17, 1991, 105 Stat. 497; Pub. L. 102–325, July 23, 1992, 106 Stat. 448; Pub. L. 102–359, Aug. 26, 1992, 106 Stat. 962; Pub. L. 102–545, Oct. 27, 1992, 106 Stat. 3586; Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125; Pub. L. 103–252, May 18, 1994, 108 Stat. 623, and was classified to section 2701 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518, and amended by Pub. L. 104–5, Mar. 23, 1995, 109 Stat. 72; Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 186; Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321; Pub. L. 104–140, May 2, 1996, 110 Stat. 1327; Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2105; Pub. L. 104–195, Sept. 16, 1996, 110 Stat. 2379; Pub. L. 104–201, Sept. 23, 1996, 110 Stat. 2422; Pub. L. 104–208, Sept. 30, 1996, 110 Stat. 3009; Pub. L. 105–18, June 12, 1997, 111 Stat. 158; Pub. L. 105–78, Nov. 13, 1997, 111 Stat. 1467; Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936; Pub. L. 105–244, Oct. 7, 1998, 112 Stat. 1581; Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681; Pub. L. 105–278, Oct. 22, 1998, 112 Stat. 2682; Pub. L. 105–332, Oct. 31, 1998, 112 Stat. 3076; Pub. L. 106–78, Oct. 22, 1999, 113 Stat. 1135; Pub. L. 106–113, Nov. 29, 1999, 113 Stat. 1501; Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654; Pub. L. 106–400, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 106–554, Dec. 21, 2000, 114 Stat. 2763; Pub. L. 107–20, July 24, 2001, 115 Stat. 155, and is classified to section 6301 et seq. of this title. Certain titles and parts of titles of the Act are shown, herein, however, as having been added by Pub. L. 107–110 without reference to such intervening amendments because of the extensive amendments, renumbering, and reorganization of these provisions by Pub. L. 107–110.