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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  2d Session

                                H. R. 6

_______________________________________________________________________

                               AMENDMENT
  
  
  

                  In the Senate of the United States,

                             August 2 (legislative day, July 20), 1994.
      Resolved, That the bill from the House of Representatives (H.R. 
6) entitled ``An Act to extend for five years the authorizations of 
appropriations for the programs under the Elementary and Secondary 
Education Act of 1965, and for certain other purposes'', do pass with 
the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving America's Schools Act of 
1994''.

SEC. 2. ORGANIZATION OF THE ACT.

    This Act is organized into the following titles:

 TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
                                  1965

      TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT

                  TITLE III--AMENDMENTS TO OTHER ACTS

                        TITLE IV--MISCELLANEOUS

             TITLE V--WORKERS TECHNOLOGY SKILL DEVELOPMENT

                    TITLE VI--MULTIETHNIC PLACEMENT

    TITLE VII--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT

                     TITLE VIII--1994 INSTITUTIONS

SEC. 3. EFFECTIVE DATES; TRANSITION.

    (a) Effective Dates.--
            (1) Title i.--The amendment made by title I of this Act 
        shall take effect July 1, 1995, except that those provisions of 
        title I that apply to programs under part A of title IX of the 
        Elementary and Secondary Education Act of 1965, as amended by 
        this Act, and to programs under such Act that are conducted on 
        a competitive basis, shall be effective with respect to 
        appropriations for use under such programs for fiscal year 1995 
        and for subsequent fiscal years.
            (2) Title ii.--Title II of this Act and the amendments made 
        by title II of this Act shall take effect on the date of 
        enactment of this Act, except that section 250 of such title 
        shall be effective--
                    (A) July 1, 1995 for noncompetitive programs in 
                which funds are allocated on the basis of a formula; 
                and
                    (B) for programs that are conducted on a 
                competitive basis, with respect to appropriations for 
                use under such programs in fiscal year 1995 and in 
                subsequent fiscal years.
            (3) Title iii.--(A) Parts A and B of title III of this Act 
        and the amendments made by such parts shall take effect on July 
        1, 1995.
            (B) Part C of title III of this Act and the amendments made 
        by such part shall take effect on October 1, 1994.
    (b) Transition.--Notwithstanding any other provision of law, a 
recipient of funds under the Elementary and Secondary Education Act of 
1965, as such Act was in effect on the day preceding the date of 
enactment of this Act, may use funds available to such recipient under 
such predecessor authority to carry out necessary and reasonable 
planning and transition activities in order to ensure a smooth 
implementation of programs authorized by this Act.

 TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
                                  1965

SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
              1965.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 
et seq.) is amended to read as follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Elementary and Secondary Education 
Act of 1965'.

``SEC. 2. TABLE OF CONTENTS.

    ``The table of contents for this Act is as follows:

``Sec. 1. Short title.
``Sec. 2. Table of contents.

        ``TITLE I--HELPING CHILDREN IN NEED MEET HIGH STANDARDS

``Sec. 1001. Declaration of policy and statement of purpose.
``Sec. 1002. Authorization of appropriations.

               ``Part A--Making High-poverty Schools Work

                ``subpart 1--basic program requirements
``Sec. 1111. State plans.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1116. Parental involvement.
``Sec. 1117. Participation of children enrolled in private schools.
``Sec. 1118. Assessment and local educational agency and school 
                            improvement.
``Sec. 1119. State assistance for schools support and improvement.
``Sec. 1120. Fiscal requ``subpart 2--allocations
``Sec. 1121. Grants for the outlying areas and the Secretary of the 
                            Interior.
``Sec. 1122. Allocations to States.
``Sec. 1123. Grants to States.
``Sec. 1124. Within State allocations.

                    ``Part B--Transition to Success

``Sec. 1201. Transition to success.
``Sec. 1202. Coordination requirements.
``Sec. 1203. Definitions.

             ``Part C--Even Start Family Literacy Programs

``Sec. 1301. Statement of purpose.
``Sec. 1302. Program authorized.
``Sec. 1303. State programs.
``Sec. 1304. Uses of funds.
``Sec. 1305. Program elements.
``Sec. 1306. Eligible participants.
``Sec. 1307. Applications.
``Sec. 1308. Award of subgrants.
``Sec. 1309. Evaluation.
``Sec. 1310. Construction.

               ``Part D--Education of Migratory Children

``Sec. 1401. Program purpose.
``Sec. 1402. Program authorized.
``Sec. 1403. State allocations.
``Sec. 1404. State applications; services.
``Sec. 1405. Secretarial approval; peer review.
``Sec. 1406. Comprehensive needs assessment and service-delivery plan; 
                            authorized activities.
``Sec. 1407. Bypass.
``Sec. 1408. Coordination of migrant education activities.

         ``Part E--Education for Neglected and Delinquent Youth

``Sec. 1501. Purpose; program authorized.
``Sec. 1502. Eligibility.
``Sec. 1503. Allocation of funds.
``Sec. 1504. State reallocation of funds.
``Sec. 1505. State plan and State agency applications.
``Sec. 1506. Use of funds.
``Sec. 1507. Institution-wide projects.
``Sec. 1508. Three-year projects.
``Sec. 1509. Program evaluations.
``Sec. 1510. Transition services.
``Sec. 1511. Definitions.

            ``Part F--Federal Evaluations and Demonstrations

``Sec. 1601. Evaluations.
``Sec. 1602. Demonstrations of innovative practices.

                      ``Part G--General Provisions

``Sec. 1701. Federal regulations.
``Sec. 1702. State administration.
``Sec. 1703. Construction.
``Sec. 1704. Reservation of funds for territories.

        ``Part H--Educational Opportunity Demonstration Program

``Sec. 1801. Findings and purposes.
``Sec. 1802. Definitions.
``Sec. 1803. Program authorized.
``Sec. 1804. Applications.
``Sec. 1805. Selection of grantees.
``Sec. 1806. Study commissioned.
``Sec. 1807. Construction.

              ``TITLE II--IMPROVING TEACHING AND LEARNING

    ``Part A--Dwight D. Eisenhower Professional Development Program

``Sec. 2101. Findings.
``Sec. 2102. Purposes.
``Sec. 2103. Authorization of appropriations; allocation between 
                    ``subpart 1--federal activities
``Sec. 2111. Program authorized.
``Sec. 2112. Authorized activities.
``Sec. 2113. Eisenhower National Clearinghouse for Mathematics and 
                            Science Education.
``Sec. 2114. Nat``subpart 2--state and local activities
``Sec. 2121. Program authorized.
``Sec. 2122. Allocation of funds.
``Sec. 2123. Within-State allocations.
``Sec. 2124. Priority for professional development in mathematics and 
                            science.
``Sec. 2125. State applications.
``Sec. 2126. State level activities.
``Sec. 2127. Local educational agency applications.
``Sec. 2128. Local cost-sharing.
``Sec. 2129. Local allocation of funds and allowable activities.
``Sec. 2130. Higher education activities.
``Sec.``subpart 3--professional development demonstration project
``Sec. 2141. Findings and purpose.
``Sec. 2142. Demonstration program authorized.
``Sec. 2143. Grants.
``Sec. 2144. Plan.
``Sec. 2145. Technical assistance.
``Sec. 2146. Matchin``subpart 4--general provisions
``Sec. 2151. Reporting and accountability.
``Sec. 2152. Definitions.

                   ``Part B--National Writing Project

``Sec. 2201. Short title.
``Sec. 2202. Findings.
``Sec. 2203. National Writing Project.

           ``Part C--Support and Assistance for ESEA Programs

              ``subpart 1--comprehensive regional centers
``Sec. 2301. Findings.
``Sec. 2302. Purpose.
``Sec. 2303. Program authorized.
``Sec. 2304. Eligible entities.
``Sec. 2305. Comprehensive regional centers.
``Sec. 2306. Information collection and evaluation.
``Sec. 2307. Transition.
``Sec. 2308. Aut``subpart 2--national diffusion network
``Sec. 2311. Program authorized.
````subpart 3--eisenhower regional mathematics and science education 
                              consortiums
``Sec. 2321. Program established.
``Sec. 2322. Use of funds.
``Sec. 2323. Application and review.
``Sec. 2324. Regional boards.
``Sec. 2325. Payments; Federal share; non-Federal share.
``Sec. 2326. Evaluation.
``Sec. 2327. Definitions.
``Sec. 2328. Authorization of appropriations.

             ``Part D--Territorial Teacher Training Program

``Sec. 2401. Territorial teacher training program.

   ``Part E--Telecommunications Demonstration Project for Mathematics

``Sec. 2501. Project authorized.
``Sec. 2502. Application required.
``Sec. 2503. Authorization of appropriations.

                 ``TITLE III--TECHNOLOGY FOR EDUCATION

``Sec. 3001. Short title.

          ``Part A--Technology for Education for All Students

``Sec. 3111. Findings.
``Sec. 3112. Statement of purpose.
``Sec. ``subpart 1--national programs in technology for education
``Sec. 3121. Purposes.
``Sec. 3122. Federal leadership.
``Sec. 3123. Regional technical support and professional development.
``Sec. 3124. Educational technology product development.
``Sec. 3125. Research on educational applications of advanced 
                            technologies.
``Sec. 3126. High performance computing and telecommunications networks 
                            for education.
``subpart 2--state and local programs for school technology resources, 
            technical support, and professional development
``Sec. 3131. Statement of purpose.
``Sec. 31``subpart 3--special rule applicable to appropriations
``Sec. 3141. Special rule.

                     ``Part B--Star Schools Program

``Sec. 3201. Short title.
``Sec. 3202. Purpose.
``Sec. 3203. Grants authorized.
``Sec. 3204. Eligible telecommunications partnerships.
``Sec. 3205. Applications.
``Sec. 3206. Leadership and evaluation activities.
``Sec. 3207. Administrative provisions.
``Sec. 3208. Other assistance.
``Sec. 3209. Definitions.

                  ``Part C--Ready-to-learn Television

``Sec. 3301. Ready-to-learn.
``Sec. 3302. Educational programming.
``Sec. 3303. Duties of Secretary.
``Sec. 3304. Applications.
``Sec. 3305. Reports and evaluation.
``Sec. 3306. Administrative costs.
``Sec. 3307. Definition.
``Sec. 3308. Authorization of appropriations.

     ``Part D--Elementary Mathematics and Science Equipment Program

``Sec. 3401. Short title.
``Sec. 3402. Statement of purpose.
``Sec. 3403. Program authorized.
``Sec. 3404. Allotments of funds.
``Sec. 3405. State application.
``Sec. 3406. Local application.
``Sec. 3407. Program requirements.
``Sec. 3408. Federal administration.
``Sec. 3409. Authorization of appropriations.

   ``Part E--Elementary and Secondary School Library Media Resources 
                                Program

``Sec. 3501. Program authorized.
``Sec. 3502. Funding requirements.
``Sec. 3503. State plans.
``Sec. 3504. Distribution of allocation to local educational agencies.

               ``Part F--Buddy System Computer Education

``Sec. 3601. Short title.
``Sec. 3602. Purpose.
``Sec. 3603. Grant authorization.
``Sec. 3604. Program requirements.
``Sec. 3605. Applications.
``Sec. 3606. Use of funds.
``Sec. 3607. Evaluation.
``Sec. 3608. Authorization of appropriations.

                 ``TITLE IV--MAGNET SCHOOLS ASSISTANCE

``Sec. 4101. Findings.
``Sec. 4102. Statement of purpose.
``Sec. 4103. Program authorized.
``Sec. 4104. Definition.
``Sec. 4105. Eligibility.
``Sec. 4106. Applications and requirements.
``Sec. 4107. Priority.
``Sec. 4108. Use of funds.
``Sec. 4109. Prohibitions.
``Sec. 4110. Limitation on payments.
``Sec. 4111. Innovative programs.
``Sec. 4112. Authorization of appropriations; reservation.

                 ``TITLE V--BETTER SCHOOLS FOR AMERICA

          ``Part A--Safe and Drug-free Schools and Communities

``Sec. 5101. Findings.
``Sec. 5102. Purpose.
````subpart 1--state grants for drug and violence prevention programs
``Sec. 5111. Reservations and allotments.
``Sec. 5112. State applications.
``Sec. 5113. State and local educational agency programs.
``Sec. 5114. Governor's programs.
``Sec. 5115. Local applications.
``Sec. 5116. Local drug and violence prevention programs.
``Sec. 5117. Evaluation and reporting.
``Sec. 5118. Programs``subpart 2--national programs
``Sec. 5121. Federal activities.
``Sec. 5122. Grants ``subpart 3--general provisionstion.
``Sec. 5131. Definitions.
``Sec. 5132. Materials.
``Sec. 5133. Prohibited uses of funds.

        ``Part B--Assistance to Address School Dropout Problems

``Sec. 5201. Short title.
``Sec. 5202. Purpose.
``Sec. 5203. Grants to local educational agencies.
``Sec. 5204. Application.
``Sec. 5205. Authorized activities.
``Sec. 5206. Distribution of assistance; limitation on costs.
``Sec. 5207. Reports.
``Sec. 5208. Authorization of appropriations.

                      ``TITLE VI--INDIAN EDUCATION

``Sec. 6001. Findings.
``Sec. 6002. Purpose.

         ``Part A--Formula Grants to Local Educational Agencies

``Sec. 6101. Purpose.
``Sec. 6102. Grants to local educational agencies.
``Sec. 6103. Amount of grants.
``Sec. 6104. Applications.
``Sec. 6105. Authorized services and activities.
``Sec. 6106. Student eligibility and forms.
``Sec. 6107. Payments.

    ``Part B--Special Programs and Projects to Improve Educational 
                   Opportunities for Indian Children

``Sec. 6201. Improvement of educational opportunities for Indian 
                            children.
``Sec. 6202. Professional development.
``Sec. 6203. Fellowships for Indian students.
``Sec. 6204. Gifted and talented.
``Sec. 6205. Grants for evaluation and technical assistance.
``Sec. 6206. Grants to tribes for education administrative planning and 
                            development.

   ``Part C--Special Programs Relating to Adult Education for Indians

``Sec. 6301. Improvment of educational opportunities for adult Indians.

                 ``Part D--National Research Activities

``Sec. 6401. National activities.

                    ``Part E--Federal Administration

``Sec. 6501. National advisory council on Indian education.
``Sec. 6502. Peer review.
``Sec. 6503. Preference for Indian applicants.
``Sec. 6504. Minimum grant criteria.

        ``Part E--Definitions; Authorizations of Appropriations

``Sec. 6601. Definitions.
``Sec. 6602. Authorizations of appropriations.
``Sec. 6603. Cross references.

       ``TITLE VII--LANGUAGE ENHANCEMENT AND ACQUISITION PROGRAMS

                 ``Part A--Bilingual Education Programs

``Sec. 7101. Short title.
``Sec. 7102. Findings.
``Sec. 7103. Policy; authorization of appropriations.
``Sec. 7104. Definitions.
``Sec. ``subpart 1--financial assistance for bilingual educationl.
``Sec. 7111. Finan``subpart 2--research and evaluationion.
``Sec. 7121. Authority.
``Sec. 7122. Research.
``Sec. 7123. Academic excellence awards.
``Sec. 7124. State grant program.
``Sec. 7125. National Clearinghouse for Bilingual Education.
``Sec. 7126. Eval``subpart 3--professional development
``Sec. 7131. Purpose.
``Sec. 7132. Professional development grants.
``Sec. 7133. Fellowships.
``Sec. 7134. Stipends.

             ``Part B--Foreign Language Assistance Program

``Sec. 7201. Short title.
``Sec. 7202. Findings.
``Sec. 7203. Program authorized.
``Sec. 7204. Applications.
``Sec. 7205. Elementary school foreign language incentive program.
``Sec. 7206. Authorization of appropriations.

                        ``Part C--Administration

``Sec. 7301. Coordination with related programs.
``Sec. 7302. Report on bilingual education.
``Sec. 7303. State educational agency recommendations; peer review.

                         ``Part D--Special Rule

``Sec. 7401. Special rule.

            ``TITLE VIII--PROGRAMS OF NATIONAL SIGNIFICANCE

                      ``Part A--Arts in Education

``Sec. 8101. Support for arts education.

            ``Part B--Inexpensive Book Distribution Program

``Sec. 8151. Inexpensive book distribution program for reading 
                            motivation.

                    ``Part C--Public Charter Schools

``Sec. 8201. Findings and purpose.
``Sec. 8202. Program authorized.
``Sec. 8203. Applications.
``Sec. 8204. Administration.
``Sec. 8205. National activities.
``Sec. 8206. Definitions.
``Sec. 8207. Authorization of appropriations.

                       ``Part D--Civic Education

``Sec. 8251. Instruction on the history and principles of democracy in 
                            the United States.
``Sec. 8252. Instruction in civics, government, and the law.
``Sec. 8253. Report; authorization of appropriations.

             ``Part E--Allen J. Ellender Fellowship Program

``Sec``subpart 1--program for middle and secondary school students
``Sec. 8311. Establishment.
``Sec``subpart 2--program for middle and secondary school teachers
``Sec. 8321. Establishment.
``S``subpart 3--programs for recent immigrants, students of migrant 
                      parents and older americans
``Sec. 8331. Establishment.
``Sec. 8332. Applica``subpart 4--general provisions
``Sec. 8341. Administrative provisions.
``Sec. 8342. Authorization of appropriations.

                 ``Part F--Gifted and Talented Children

``Sec. 8401. Short title.
``Sec. 8402. Findings and purposes.
``Sec. 8403. Construction.
``Sec. 8404. Authorized programs.
``Sec. 8405. Program priorities.
``Sec. 8406. General provisions.
``Sec. 8407. Authorization of appropriations.

                  ``Part G--Women's Educational Equity

``Sec. 8451. Short title; findings.
``Sec. 8452. Statement of purposes.
``Sec. 8453. Program authorized.
``Sec. 8454. Applications.
``Sec. 8455. Criteria and priorities.
``Sec. 8456. Report.
``Sec. 8457. Evaluation and dissemination.
``Sec. 8458. Authorization of appropriations.

            ``Part H--Fund for the Improvement of Education

``Sec. 8501. Fund for the Improvement of Education.

                     ``Part I--Blue Ribbon Schools

``Sec. 8551. Blue Ribbon Schools program.

          ``Part J--National Student and Parent Mock Election

``Sec. 8601. National student and parent mock election.

          ``Part K--Elementary School Counseling Demonstration

``Sec. 8651. Short title.
``Sec. 8652. Findings and purpose.
``Sec. 8653. Authorization of appropriations.
``Sec. 8654. Program authority.
``Sec. 8655. Applications.
``Sec. 8656. Use of funds.
``Sec. 8657. Definitions.

           ``Part L--21st Century Community Learning Centers

``Sec. 8701. Short title.
``Sec. 8702. Findings.
``Sec. 8703. Program authorization.
``Sec. 8704. Application required.
``Sec. 8705. Uses of funds.
``Sec. 8706. Definitions.
``Sec. 8707. Authorization of appropriations.

                        ``Part M--Model Projects

``Sec. 8751. Model projects.

                 ``Part N--Extending Time for Learning

``Sec. 8801. Findings.
``Sec. 8802. Purpose.
``Sec. 8803. Program authorized.
``Sec. 8804. Application.
``Sec. 8805. Authorized activities.
``Sec. 8806. Administration.
``Sec. 8807. Definitions.
``Sec. 8808. Authorization of appropriations.

                      ``Part O--Longer School Year

``Sec. 8851. Short title.
``Sec. 8852. Findings.
``Sec. 8853. Purpose.
``Sec. 8854. Program authorized.
``Sec. 8855. Application.
``Sec. 8856. Appropriations authorization.

            ``Part P--Creating Smaller Learning Communities

``Sec. 8871. Findings.
``Sec. 8872. Purpose.
``Sec. 8873. Program authorized.
``Sec. 8874. Application.
``Sec. 8875. Authorized activities.
``Sec. 8876. Administration.
``Sec. 8877. Authorization of appropriations.

      ``Part Q--Partnerships in Character Education Pilot Project

``Sec. 8901. Program authorized.
``Sec. 8902. State educational agency applications.
``Sec. 8903. Evaluation and program development.
``Sec. 8904. Elements of character.
``Sec. 8905. Use of funds.
``Sec. 8906. Selection of grantees.

                   ``Part R--Alaska Native Education

``Sec. 8921. Short title.
``Sec. 8922. Findings.
``Sec. 8923. Purpose.
``Sec. 8924. Alaska Native educational planning, curriculum 
                            development, teacher training and 
                            recruitment program.
``Sec. 8925. Alaska Native home based education for preschool children.
``Sec. 8926. Alaska Native student enrichment programs.
``Sec. 8927. Administrative provisions.
``Sec. 8928. Definitions.

            ``Part S--Promoting Scholar-athlete Competitions

``Sec. 8931. Findings.
``Sec. 8932. Purpose.
``Sec. 8933. Program authorized.

                ``Part T--Community School Partnerships

``Sec. 8941. Short title.
``Sec. 8942. Findings.
``Sec. 8943. Definitions.
``Sec. 8944. Purpose; endowment grant authority.
``Sec. 8945. Grant agreement and requirements.
``Sec. 8946. Continuing eligibility.
``Sec. 8947. Authorization of appropriations.

                      ``TITLE IX--SPECIAL PROGRAMS

                          ``Part A--Impact Aid

``Sec. 9001. Purpose.
``Sec. 9002. Payments relating to Federal acquisition of real property.
``Sec. 9003. Payments for eligible federally connected children.
``Sec. 9004. Policies and procedures relating to children residing on 
                            Indian lands.
``Sec. 9005. Application for payments under sections 9002 and 9003.
``Sec. 9006. Payments for sudden and substantial increases in 
                            attendance of military dependents.
``Sec. 9007. Construction.
``Sec. 9008. Facilities.
``Sec. 9009. Treatment of payments by the States in determining 
                            eligibility for, and the amount of, State 
                            aid.
``Sec. 9010. Federal administration.
``Sec. 9011. Administrative hearings and judicial review.
``Sec. 9012. Forgiveness of overpayments.
``Sec. 9013. Definitions.
``Sec. 9014. Authorization of appropriations.

            ``Part B--Emergency Immigrant Education Program

``Sec. 9201. Findings; purpose; definition.
``Sec. 9202. State administrative costs.
``Sec. 9203. Withholding.
``Sec. 9204. State allocations.
``Sec. 9205. State applications.
``Sec. 9206. Administrative provisions.
``Sec. 9207. Uses of funds.
``Sec. 9208. Reports.
``Sec. 9209. Authorization of appropriations.
``Sec. 9210. Communications between federally funded government 
                            agencies and the Immigration and 
                            Naturalization Service.

                  ``Part C--Native Hawaiian Education

``Sec. 9301. Short title.
``Sec. 9302. Findings.
``Sec. 9303. Purpose.
``Sec. 9304. Native Hawaiian curriculum development, teacher training 
                            and recruitment program.
``Sec. 9305. Native Hawaiian community-based education learning 
                            centers.
``Sec. 9306. Native Hawaiian family-based education centers.
``Sec. 9307. Native Hawaiian higher education program.
``Sec. 9308. Native Hawaiian gifted and talented program.
``Sec. 9309. Native Hawaiian special education program.
``Sec. 9310. Native Hawaiian Education Council and island councils.
``Sec. 9311. Administrative provisions.
``Sec. 9312. Definitions.

                    ``Part D--Territorial Assistance

``Sec. 9401. General assistance for the Virgin Islands.

                     ``TITLE X--GENERAL PROVISIONS

                         ``Part A--Definitions

``Sec. 10101. Definitions.
``Sec. 10102. Applicability of this title.

   ``Part B--Flexibility in the Use of Administrative and Other Funds

``Sec. 10201. Consolidation of State administrative funds for 
                            elementary and secondary education 
                            programs.
``Sec. 10202. Single local educational agency States.
``Sec. 10203. Consolidation of funds for local administration.
``Sec. 10204. Administrative funds study.
``Sec. 10205. Consolidated set-aside for Department of the Interior 
                            funds.
``Sec. 10206. Availability of unneeded program funds.

   ``Part C--Coordination of Programs; Consolidated State and Local 
                              Applications

``Sec. 10301. Purpose.
``Sec. 10302. Optional consolidated State application.
``Sec. 10303. General applicability of State educational agency 
                            assurances.
``Sec. 10304. Consolidated local applications.
``Sec. 10305. Other general assurances.
``Sec. 10306. Relationship of State and local plans to plans under the 
                            Goals 2000: Educate America Act.

                           ``Part D--Waivers

``Sec. 10401. Waivers of statutory and regulatory requirements.

                      ``Part E--Uniform Provisions

``Sec. 10501. Maintenance of effort.
``Sec. 10502. Prohibition regarding State aid.
``Sec. 10503. Participation by private school children and teachers.
``Sec. 10504. Standards for by-pass.
``Sec. 10505. Complaint process for participation of private school 
                            children.
``Sec. 10506. By-pass determination process.
``Sec. 10507. Prohibition against funds for religious worship or 
                            instruction.

                       ``Part F--Other Provisions

``Sec. 10601. State recognition of exemplary performance.
``Sec. 10602. Applicability to home schools.
``Sec. 10603. General provision regarding nonrecipient nonpublic 
                            schools.
``Sec. 10604. Prohibition on Federal mandates, direction, and control.
``Sec. 10605. Report.
``Sec. 10606. Required participation prohibited.
``Sec. 10607. School prayer.
``Sec. 10608. Privately managed schools.
``Sec. 10609. Policy regarding criminal justice system referral.

                         ``Part G--Evaluations

``Sec. 10701. Evaluations.

    ``TITLE XI--CULTURAL PARTNERSHIPS FOR AT-RISK CHILDREN AND YOUTH

``Sec. 11101. Short title.
``Sec. 11102. Findings.
``Sec. 11103. Demonstration program.
``Sec. 11104. Authorized activities.
``Sec. 11105. Planning subgrants.
``Sec. 11106. Payments; amounts of award; cost share; limitations.
``Sec. 11107. Models.
``Sec. 11108. Authorization of appropriations.

                  ``TITLE XII--DISCLOSURE REQUIREMENTS

``Sec. 12001. Definitions.
``Sec. 12002. Disclosure requirements.
``Sec. 12003. Nondiscriminatory enrollment and service policy.
``Sec. 12004. Enforcement.

               ``TITLE XIII--TARGETED ASSISTANCE PROGRAM

                      ``Part A--General Provisions

``Sec. 13101. Allotment to States.
``Sec. 13102. Allocation to local educational agencies.

                        ``Part B--State Programs

``Sec. 13201. State uses of funds.
``Sec. 13202. State applications.

              ``Part C--Local Targeted Assistance Programs

``Sec. 13301. Targeted use of funds.
``Sec. 13302. Authorized activities.
``Sec. 13303. Local applications.

               ``Part D--Authorization of Appropriations

``Sec. 13401. Authorization of appropriations.

               ``TITLE XIV--NATIONAL EDUCATION STATISTICS

``Sec. 14001. Short title.
``Sec. 14002. Findings; purpose; definitions.
``Sec. 14003. National Center for Education Statistics.
``Sec. 14004. Duties of the Center.
``Sec. 14005. Performance of duties.
``Sec. 14006. Reports.
``Sec. 14007. Advisory Council on Education Statistics.
``Sec. 14008. Confidentiality.
``Sec. 14009. Dissemination.
``Sec. 14010. Cooperative education statistics systems.
``Sec. 14011. National Assessment of Educational Progress.
``Sec. 14012. National Assessment Governing Board.
``Sec. 14013. Authorization of appropriations.

                  ``TITLE XV--EDUCATION INFRASTRUCTURE

``Sec. 15001. Short title.
``Sec. 15002. Findings.
``Sec. 15003. Purpose.
``Sec. 15004. Definitions.
``Sec. 15005. Improvement of public elementary and secondary education 
                            facilities program authorized.
``Sec. 15006. Applications.
``Sec. 15007. Award of grants.
``Sec. 15008. Authorized activities.
``Sec. 15009. Requirements.
``Sec. 15010. Fair wages.
``Sec. 15011. Federal assessment.

                 ``TITLE XVI--URBAN AND RURAL EDUCATION

``Sec. 16001. Definitions.

                        ``Part A--Urban Schools

``Sec. 16101. Short title.
``Sec. 16102. Findings.
``Sec. 16103. Pur``subpart 1--urban school improvement
``Sec. 16121. Allocation of funds.
``Sec. 16122. Application.
``Sec. 16123. Planning period.
``Sec. 16124. Uses of funds.
``Sec. 16125. Accountability.
``Sec. 16126. Incentive awards to exemplary programs.
``Sec. 16127. Specia``subpart 2--general provisions
``Sec. 16131. White House Conference on Urban Education.

                        ``Part B--Rural Schools

``Sec. 16201. Short title.
``Sec. 16202. Findings.
``Sec. 16203. Pur``subpart 1--rural school improvement
``Sec. 16221. Allotment of funds.
``Sec. 16222. Application.
``Sec. 16223. Planning period.
``Sec. 16224. Uses of funds.
``Sec. 16225. Accountability.
``Sec. 16226. Incent``subpart 2--general provisionss.
``Sec. 16231. White House Conference on Rural Education.

               ``Part C--Authorization of Appropriations

``Sec. 16301. Authorization of appropriations.

                     ``TITLE XVII--GUN-FREE SCHOOLS

``Sec. 17001. Gun-free requirements.

        ``TITLE I--HELPING CHILDREN IN NEED MEET HIGH STANDARDS

``SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.

    ``(a) Statement of Policy.--
            ``(1) In general.--The Congress declares it to be the 
        policy of the United States that a high-quality education for 
        all individuals and a fair and equal opportunity to obtain that 
        education are a societal good, are a moral imperative, and 
        improve the life of every individual, because the quality of 
        our individual lives ultimately depends on the quality of the 
        lives of others.
            ``(2) Additional policy.--The Congress further declares it 
        to be the policy of the United States to expand the program 
        authorized by this title over the fiscal years 1995 through 
        1999 by increasing funding for this title by at least 
        $750,000,000 over baseline each fiscal year and thereby 
        increasing the percentage of eligible children served in each 
        fiscal year with the intent of serving all eligible children by 
        fiscal year 2004.
    ``(b) Recognition of Need.--The Congress recognizes that--
            ``(1) although the achievement gap between disadvantaged 
        children and other children has been reduced by half over the 
        past two decades, a sizable gap remains, and many segments of 
        our society lack the opportunity to become well educated;
            ``(2) the most urgent need for educational improvement is 
        in schools with high concentrations of children from low-income 
        families and achieving the National Education Goals will not be 
        possible without substantial improvement in such schools;
            ``(3) educational needs are particularly great for low-
        achieving children in our Nation's highest-poverty schools, 
        children with limited-English proficiency, children of migrant 
        workers, children with disabilities, Indian children, children 
        who are neglected or delinquent, and young children and their 
        parents who are in need of family-literacy services; and
            ``(4) in order for all students to master challenging 
        standards in core academic subjects as described in the third 
        National Education Goal described in section 102(3) of the 
        Goals 2000: Educate America Act, students and schools will need 
        to maximize the time spent on teaching and learning the core 
        academic subjects, and students who receive pullout instruction 
        at the expense of core academic subject learning time can fall 
        further behind in learning the core academic subjects.
    ``(c) What Has Been Learned Since 1988.--To enable schools to 
provide all children a high-quality education, this title builds upon 
the following learned information:
            ``(1) All children can master challenging content and 
        complex problem-solving skills. Research clearly shows that 
        children, including low-achieving children, can succeed when 
        expectations are high and all children are given the 
        opportunity to learn challenging material.
            ``(2) Piecemeal reform, particularly when not tied to an 
        overall vision of teaching to, and helping all children reach, 
        high standards does not work.
            ``(3) Use of low-level tests that are not aligned with 
        schools' curricula fails to provide adequate information about 
        what children know and can do and encourages curricula and 
        instruction that focus on low-level skills measured by those 
        tests.
            ``(4) Resources are effective when children have full 
        access to quality regular school programs and receive 
        supplemental help through extended-time activities.
            ``(5) Intensive and sustained professional development for 
        teachers and other school staff, focused on teaching and 
        learning and on helping children attain high standards, is too 
        often not provided.
            ``(6) All parents can contribute to their children's 
        success by helping at home and becoming partners with teachers 
        so that children can achieve high standards.
            ``(7) Decentralized decisionmaking is a key ingredient of 
        systemic reform. Schools need the resources, flexibility, and 
        authority to design and implement effective strategies for 
        bringing their children to high levels of performance.
            ``(8) Opportunities for students to achieve to high 
        standards can be enhanced through a variety of approaches such 
        as public school choice and charter schools.
            ``(9) Attention to academics alone cannot ensure that all 
        children will reach high standards. The health and other needs 
        of children that affect learning are frequently unmet, 
        particularly in high-poverty schools, thereby necessitating 
        coordination of services to better meet children's needs.
            ``(10) Resources provided under this title have not been 
        adequately targeted on the highest-poverty school districts and 
        schools that have children most in need.
            ``(11) Equitable and sufficient resources, particularly as 
        such resources relate to the quality of the teaching force, 
        have an integral relationship to high student achievement.
    ``(d) Statement of Purpose.--The purpose of this title is to enable 
schools to provide opportunities for children served to acquire the 
same basic and advanced skills and knowledge as children not served 
under this title. This purpose shall be accomplished by--
            ``(1) ensuring high standards and aligning the efforts of 
        States, local educational agencies, and schools to help 
        children served under this title to reach such standards;
            ``(2) providing children an enriched and accelerated 
        educational program, including, when appropriate, the use of 
        the arts and humanities, through schoolwide programs or through 
        additional services that increase the amount and quality of 
        instructional time;
            ``(3) promoting schoolwide reform and access of children, 
        from the earliest grades, to effective instructional strategies 
        and challenging academic content that support intensive complex 
        thinking and problem-solving experiences;
            ``(4) significantly upgrading the quality of instruction by 
        providing staff in participating schools with substantial 
        opportunities for ongoing professional development;
            ``(5) coordinating services under all parts of this title 
        with each other, with other educational services, and, to the 
        extent feasible, with health and social service programs funded 
        from other sources;
            ``(6) affording parents meaningful opportunities to 
        participate in the education of their children at home and at 
        school;
            ``(7) distributing resources, in amounts sufficient to make 
        a difference, to areas where needs are greatest;
            ``(8) improving accountability, as well as teaching and 
        learning, by using State assessment systems designed to measure 
        how well children served under this title are achieving high 
        State student performance standards expected of all children;
            ``(9) providing greater decisionmaking authority and 
        flexibility to schools in exchange for greater responsibility 
        for student performance; and
            ``(10) encouraging the development of innovative models for 
        recruitment, induction, retention, and assessment of new, 
        highly qualified teachers, especially such teachers from 
        historically underrepresented groups.

``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Local Educational Agency Grants.--For the purpose of carrying 
out part A of this title, other than section 1117(e), there are 
authorized to be appropriated $7,500,000,000 for fiscal year 1995 and 
such sums as may be necessary for each of the 4 succeeding fiscal 
years.
    ``(b) Even Start.--For the purpose of carrying out part C, there 
are authorized to be appropriated $120,000,000 for fiscal year 1995 and 
such sums as may be necessary for each of the 4 succeeding fiscal 
years.
    ``(c) Education of Migratory Children.--For the purpose of carrying 
out part D, there are authorized to be appropriated $310,000,000 for 
fiscal year 1995 and such sums as may be necessary for each of the 4 
succeeding fiscal years.
    ``(d) Education for Neglected or Delinquent Youth.--For the purpose 
of carrying out part E, there are authorized to be appropriated 
$40,000,000 for fiscal year 1995 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.
    ``(e) Capital Expenses.--For the purpose of carrying out section 
1117(e), there are authorized to be appropriated $45,000,000 for fiscal 
year 1995 and such sums as may be necessary for each of the 4 
succeeding fiscal years.
    ``(f) Federal Activities.--
            ``(1) Section 1601.--For the purpose of carrying out 
        section 1601, there are authorized to be appropriated 
        $10,000,000 for fiscal year 1995 and such sums as may be 
        necessary for each of the 4 succeeding fiscal years.
            ``(2) Section 1602.--For the purpose of carrying out 
        section 1602, there are authorized to be appropriated 
        $20,000,000 for fiscal year 1995 and such sums as may be 
        necessary for each of the 4 succeeding fiscal years.

               ``PART A--MAKING HIGH-POVERTY SCHOOLS WORK

                ``Subpart 1--Basic Program Requirements

``SEC. 1111. STATE PLANS.

    ``(a) Plans Required.--
            ``(1) In general.--Any State desiring to receive a grant 
        under this part shall submit to the Secretary a plan, developed 
        in consultation with local educational agencies, teachers, 
        pupil services personnel, administrators, other staff, and 
        parents, that satisfies the requirements of this section.
            ``(2) Consolidation plan.--A State plan submitted under 
        paragraph (1) may be submitted as part of a consolidation plan 
        under section 10302.
    ``(b) Standards and Assessment Provisions.--
            ``(1) In general.--(A) Each State plan shall describe--
                    ``(i) the high-quality academic standards for all 
                children that will be used by the State, its local 
                educational agencies, and its schools in subjects, as 
                determined by the State, to carry out this part, and 
                for those subjects for which a State does not have 
                standards and students are served under this part, 
                describe a process for ensuring that such students are 
                taught the same knowledge and skills and held to the 
                same expectations as all children;
                    ``(ii)(I) two levels of high performance, 
                proficient and advanced, that determine how well 
                children are mastering the material in the State 
                content standards; and
                    ``(II) a third level, partially proficient, to 
                provide complete information about the progress of the 
                lower-performing children toward achieving to the 
                proficient and advanced levels of performance; and
                    ``(iii) the steps the State will take to help each 
                local educational agency and school affected by the 
                State plan develop the capacity to comply with each of 
                the requirements of sections 1112(c)(3), 1114(b), and 
                1115(c) that is applicable to such agency or school.
            ``(B) If a State has State content standards or State 
        student performance standards developed under title III of the 
        Goals 2000: Educate America Act or an aligned set of 
        assessments for all students developed under such title, or if 
        not developed under such title, adopted under another process, 
        the State shall use those standards and assessments, modified, 
        if necessary, to conform with the requirements of paragraphs 
        (1)(A)(i), (2), and (3).
            ``(C) If a State has not adopted State content standards 
        and State student performance standards for all students, the 
        State plan shall include a strategy for developing State 
        content standards and State student performance standards for 
        elementary and secondary school children served under this part 
        in subjects as determined by the State, including at least 
        mathematics, and reading or language arts, which standards 
        shall include the same knowledge, skills, and levels of 
        performance expected of all children, and for those subjects 
        for which a State will not develop standards and students are 
        served under this part, include a strategy for developing a 
        process for ensuring that such students are taught the same 
        knowledge and skills and held to the same expectations as all 
        children.
            ``(2) Adequate yearly progress.--(A) Each State plan shall 
        include a description, based on assessments described under 
        paragraph (3), of what constitutes adequate yearly progress 
        of--
                    ``(i) any school served under this part toward 
                enabling all children to meet the State's student 
                performance standards; and
                    ``(ii) any local educational agency that receives 
                funds under this part toward enabling all children 
                within its jurisdiction to meet the State's student 
                performance standards.
            ``(B) Adequate yearly progress under this paragraph shall 
        be defined in a manner that results in continuous and 
        substantial yearly improvement of each local educational agency 
        and school sufficient to achieve the goal of all children 
        served under this part meeting the State's proficient and 
        advanced level of performance, particularly eligible children 
        described in section 1115(b).
            ``(3) Assessments.--Each State plan shall include a 
        description of the set of high-quality, yearly student 
        assessments, including at least mathematics, and reading or 
        language arts, in one grade in each school, that will be used 
        as the primary means of determining the yearly performance of 
        each local educational agency and school served under this part 
        in enabling all children served under this part to meet the 
        State's student performance standards. Such assessments shall--
                    ``(A) be the same assessments used to measure the 
                performance of all children, if the State measures the 
                performance of all children;
                    ``(B) be aligned with such State's content 
                standards in subjects for which the State has developed 
                standards in accordance with subparagraph (A) or (C) of 
                paragraph (1);
                    ``(C) involve multiple measures of student 
                performance, including measures that assess higher 
                order thinking skills and understanding;
                    ``(D) provide for--
                            ``(i) the participation in such assessments 
                        of all students with diverse learning needs; 
                        and
                            ``(ii) the adaptations and accommodations 
                        necessary to permit such participation;
                    ``(E) be used for the purposes for which they are 
                valid and reliable and be consistent with relevant, 
                nationally recognized professional and technical 
                standards for such assessments, except that assessment 
                measures that do not satisfy the requirements of this 
                subparagraph may be included as one of the multiple 
                measures, so long as a State includes in the State plan 
                information regarding the State's efforts to validate 
                such measures;
                    ``(F) be capable of providing coherent information 
                about student attainments relative to the State content 
                standards;
                    ``(G) support effective curriculum and instruction;
                    ``(H) provide individual student interpretive and 
                descriptive reports, which may include scores and other 
                information on the attainment of student performance 
                standards;
                    ``(I) provide statistically reliable results for 
                economically disadvantaged children disaggregated by 
                gender, major ethnic or racial groups, limited-English 
                proficient children, children with disabilities, 
                migratory children, and other educationally meaningful 
                categories of children;
                    ``(J) include students who have resided in the area 
                served by a local educational agency for a full 
                academic year but have not attended a single school 
                served by such agency for a full academic year, except 
                that the performance of students who have attended more 
                than one school in the local educational agency in any 
                academic year shall be used only in determining the 
                progress of the local educational agency, unless the 
                State provides otherwise; and
                    ``(K) particularly for assessments given in 
                kindergarden, or grades one or two, be developmentally 
                appropriate.
            ``(4) Other indicators.--Each State plan may include a 
        description of any other indicators, such as rates of 
        attendance, graduation, and school-to-work or school-to-college 
        transition, that will be used in addition to the assessments 
        required by paragraph (3) in determining the yearly performance 
        of each local educational agency and school served under this 
        part.
            ``(5) Transitional statewide assessments.--(A)(i) If a 
        State does not have State content standards and State student 
        performance standards that meet the requirements of paragraph 
        (1) or assessments that meet the requirements of paragraph (3), 
        the State may propose to use, for a transitional period of not 
        more than two years, a transitional statewide set of yearly 
        assessments, including at least mathematics, and reading or 
        language arts, in one grade in each school, that measure the 
        performance of complex skills and challenging subject matter.
            ``(ii) Each State using the transitional assessments 
        described in clause (i) shall develop benchmarks of progress 
        toward the development of assessments that meet the 
        requirements of paragraph (3), including periodic updates.
            ``(B)(i) The Secretary may extend for two additional years 
        the use of the transitional assessments described in 
        subparagraph (A) upon the request of a State and a showing of 
        substantial progress toward meeting the requirements of 
        paragraphs (1) and (3), particularly paragraph (3)(C).
            ``(ii) A State that is denied the two-year extension or 
        renewal under clause (i) or is granted such an extension or 
        renewal, but after two additional years does not have State 
        content standards and State student performance standards that 
        meet the requirements of paragraph (1) or assessments that meet 
        the requirements of paragraph (3), shall adopt a set of such 
        standards and aligned assessments, such as those contained in 
        other State plans the Secretary has approved.
            ``(C) For any year during which a State is using 
        transitional assessments the State shall devise a procedure for 
        identifying local educational agencies under subsections (c)(3) 
        and (c)(7) of section 1118 and schools under subsections (b)(1) 
        and (b)(6) of section 1118 that relies on accurate information 
        about the academic progress of each such local educational 
        agency and school.
    ``(c) Other Provisions To Support Teaching and Learning.--Each 
State plan shall contain assurances that--
            ``(1) the State educational agency will implement a system 
        of school support teams under section 1119(b), including 
        provision of necessary professional development for those 
        teams;
            ``(2) the State educational agency will provide the least 
        restrictive and burdensome regulations for local educational 
        agencies and individual schools participating in a program 
        assisted under this part;
            ``(3) the State educational agency will fulfill its local 
        educational agency and school improvement responsibilities 
        under section 1118; and
            ``(4) the State educational agency will encourage the use 
        of funds from other Federal, State, and local sources for 
        schoolwide reform in schoolwide programs under section 1114.
    ``(d) Peer Review and Secretarial Approval.--
            ``(1) In general.--The Secretary shall--
                    ``(A) establish a peer review process to assist in 
                the review and recommendations for revision of State 
                plans;
                    ``(B) following an initial peer review, approve a 
                State plan the Secretary determines meets the 
                requirements of subsections (b) and (c);
                    ``(C) if the Secretary determines that the State 
                plan does not meet the requirements of subsection (b) 
                or (c), immediately notify the State of that 
                determination and the reasons for such determination;
                    ``(D) not finally disapprove a State's plan before 
                offering the State an opportunity to revise its plan 
                and provide technical assistance to assist the State to 
                meet the requirements of subsections (b) and (c); and
                    ``(E) not require a State, as a condition of 
                approval of the State plan, to include in, or delete 
                from, such plan one or more specific elements of the 
                State's content standards or to use specific assessment 
                instruments or items.
            ``(2) Withholding.--The Secretary may withhold funds for 
        State administration and activities under section 1119 until 
        the Secretary determines that the State plan meets the 
        requirements of this section.
    ``(e) Duration of the Plan.--
            ``(1) In general.--Each State plan shall--
                    ``(A) remain in effect for the duration of the 
                State's participation under this part; and
                    ``(B) be periodically reviewed and revised by the 
                State, as necessary, to reflect changes in the State's 
                strategies and programs under this part.
            ``(2) Additional information.--If the State makes 
        significant changes in its plan, such as the adoption of new 
        State content standards and State student performance 
        standards, new assessments, or a new definition of adequate 
        progress, the State shall submit such information to the 
        Secretary.
    ``(f) Special Rule.--If the aggregate State expenditure by a State 
educational agency for the operation of elementary and secondary 
education programs in the State is less than such agency's aggregate 
Federal expenditure for the State operation of all Federal elementary 
and secondary education programs, then the State plan shall include 
assurances and specific provisions that such State will provide State 
expenditures for the operation of elementary and secondary education 
programs equal to or exceeding the level of Federal expenditures for 
such operation by October 1, 1998.

``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

    ``(a) Plans Required.--A local educational agency may receive a 
subgrant under this part for any fiscal year only if such agency has on 
file with the State educational agency a plan that is approved by the 
State educational agency. Such plan may be submitted as part of a 
consolidated plan under section 10304.
    ``(b) Plan Provisions.--
            ``(1) In general.--Each local educational agency plan shall 
        include--
                    ``(A) a description of additional high-quality 
                student assessments, if any, other than those described 
                in the State plan under section 1111, that--
                            ``(i) the local educational agency and 
                        schools served under this part will use to--
                                    ``(I) provide information to 
                                teachers, parents, and students on the 
                                progress being made toward meeting the 
                                State student performance standards 
                                described in section 1111(b)(2)(A); and
                                    ``(II) aid in instruction, in 
                                improving the performance of individual 
                                students, and in revising the local 
                                educational agency or school's 
                                instructional program to enable all 
                                children served under this part to meet 
                                the State student performance standards 
                                described in section 1111(b)(2)(A);
                            ``(ii) will be selected and administered by 
                        teachers; and
                            ``(iii) will be aligned with curriculum and 
                        constitute an integral part of the 
                        instructional program;
                    ``(B) at the local educational agency's discretion, 
                a description of any other indicators, such as rates of 
                attendance, graduation, and school-to-work or school-
                to-college transition, that will be used in addition to 
                the assessments described in subparagraph (A) for the 
                uses described in clause (i) of such subparagraph;
                    ``(C) a description of the strategy the local 
                educational agency will use to provide ongoing 
                professional development for teachers, pupil services 
                personnel, administrators, parents and other staff, 
                including local educational agency level staff, that--
                            ``(i) takes into account the needs and 
                        activities across and within schools; and
                            ``(ii) draws on resources available under 
                        this part, other Federal resources, and, at the 
                        local educational agency's discretion, other 
                        State and local resources;
                    ``(D) a description of the poverty criteria that 
                will be used to select school attendance areas under 
                section 1113;
                    ``(E) a description of how teachers, in 
                consultation with parents, administrators, and pupil 
                services personnel, in targeted assistance schools 
                under section 1115 will identify those eligible 
                children most in need of services under this part;
                    ``(F) a general description of the nature of the 
                programs to be conducted by its schools under sections 
                1114 and 1115 and, where appropriate, educational 
                services outside those schools for children living in 
                local institutions for neglected or delinquent 
                children, for neglected and delinquent children in 
                community day school programs, and for eligible 
                homeless children;
                    ``(G) a description of how the local educational 
                agency, where appropriate, will use funds under this 
                part to support preschool programs for children, 
                particularly children participating in a Head Start or 
                Even Start program, which services may be provided 
                directly by the local educational agency or through a 
                subcontract with the local Head Start agency designated 
                by the Secretary of Health and Human Services under 
                section 641 of the Head Start Act, or another 
                comparable public early childhood development program; 
                and
                    ``(H) a description of how the local educational 
                agency, as part of a comprehensive school reform 
                effort, will, where appropriate and feasible as 
                determined by such agency, use funds provided under 
                this part to reduce class size to 15 students.
            ``(2) Filing and approval.--Notwithstanding paragraph (1), 
        each local educational agency plan shall be filed according to 
        a schedule established by the State educational agency, except 
        that a local educational agency shall have not more than 2 
        years from the date of enactment of the Improving America's 
        Schools Act of 1994 to have such plan approved by the State 
        educational agency.
    ``(c) Assurances.--Each local educational agency plan shall provide 
assurances that the local educational agency will--
            ``(1) work in consultation with schools as the schools 
        develop their plans pursuant to section 1114 or 1118 and assist 
        schools as schools implement those plans so that each school 
        can make adequate yearly progress toward meeting the State 
        content standards and State student performance standards;
            ``(2)(A) inform eligible schools and parents of schoolwide 
        project authority; and
            ``(B) provide technical assistance and support to 
        schoolwide programs;
            ``(3) fulfill its school improvement responsibilities under 
        section 1118;
            ``(4) give priority to serving students in the earlier 
        grades of schools that receive funds under this part;
            ``(5) provide services to eligible children attending 
        private elementary and secondary schools in accordance with 
        section 1117, and timely and meaningful consultation with 
        private school officials regarding such services;
            ``(6) consistent with the provisions of section 10306, 
        coordinate and integrate services provided under this part with 
        other educational services, including--
                    ``(A) Even Start, Head Start, and other preschool 
                programs, and school-to-work transition programs; and
                    ``(B) services for children with limited-English 
                proficiency or with disabilities, migratory children 
                served under part D, neglected or delinquent children 
                served under part E, homeless children, and immigrant 
                children, in order to increase program effectiveness, 
                eliminate duplication, and reduce fragmentation of the 
                children's instructional program;
            ``(7) coordinate and collaborate, to the extent feasible 
        and necessary as determined by the local educational agency, 
        with school-based pupil services personnel where appropriate, 
        and with other agencies providing services to children, youth, 
        and families, including health and social services;
            ``(8) where appropriate and feasible as determined by the 
        local educational agency, establish a procedure to ensure that 
        all children in participating elementary schools receive two 
        health screenings during the elementary school years at 
        appropriate intervals based on reasonable pediatric standards; 
        and
            ``(9) in the case that a State chooses to utilize funds 
        under this part to provide early childhood development services 
        to low-income children below the age of compulsory school 
        attendance, ensure that such services comply with the 
        performance standards established under section 641A(a) of the 
        Head Start Act or under section 651 of such Act, as such 
        section 651 was in effect on the day preceding the date of 
        enactment of the Human Services Amendments of 1994.
    ``(d) Plan Development and Duration.--Each local educational agency 
plan shall--
            ``(1) be developed in consultation with teachers, pupil 
        services personnel and parents of children in schools served 
        under this part;
            ``(2) remain in effect for the duration of the local 
        educational agency's participation under this part; and
            ``(3) be periodically reviewed and revised, as necessary, 
        to reflect changes in the local educational agency's strategies 
        and programs.
    ``(e) State Approval.--The State educational agency shall approve a 
local educational agency's plan only if the State educational agency 
determines that the local educational agency's plan will enable schools 
served under this part to substantially help all children served under 
this part meet the standards described in section 1111(b)(1).
    ``(f) Program Responsibility.--The local educational agency plan 
shall reflect the shared responsibility of the local educational agency 
and schools in making decisions required under sections 1114 and 1115.

``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

    ``(a) In General.--
            ``(1) In general.--A local educational agency shall use 
        funds received under this part only in eligible school 
        attendance areas.
            ``(2) Eligible school attendance areas.--For the purposes 
        of this part--
                    ``(A) the term `school attendance area' means, in 
                relation to a particular school, the geographical area 
                in which the children who are normally served by that 
                school reside; and
                    ``(B) the term `eligible school attendance area' 
                means a school attendance area in which the percentage 
                of children from low-income families is equal to or 
                greater than the percentage of children--
                            ``(i) from low-income families served by 
                        the local educational agency as a whole; or
                            ``(ii) served by the local educational 
                        agency as a whole who are eligible to 
                        participate in a schoolwide program under 
                        section 1114.
            ``(3) Serving schools in rank order.--Each local 
        educational agency receiving assistance under this part shall--
                    ``(A) first serve in rank order schools in which 
                the concentration of children from low-income families 
                is 75 percent or greater;
                    ``(B) then serve in rank order schools in which 
                such concentration is at least 50 percent and less than 
                75 percent with rank order determined at the discretion 
                of the local education agency according to grade span 
                or school; and
                    ``(C) finally serve in rank order schools in which 
                such concentration is below 50 percent with rank order 
                determined according to grade span or by school.
            ``(4) Measures.--The local educational agency shall use the 
        same measure of low-income, which such agency shall choose on 
        the basis of the best available verifiable data and which may 
        be a composite of several indicators, with respect to all 
        school attendance areas in the local educational agency to--
                    ``(A) identify eligible school attendance areas;
                    ``(B) determine the ranking of each such area; and
                    ``(C) determine allocations under subsection (c).
    ``(b) Local Educational Agency Discretion.--Notwithstanding 
subsection (a)(1), a local educational agency may use funds received 
under this part in a school that is not in an eligible school 
attendance area, if the percentage of children from low-income families 
enrolled in the school is equal to or greater than the percentage of 
such children in a participating school attendance area of such agency.
    ``(c) Allocations.--
            ``(1) In general.--A local educational agency shall 
        allocate funds received under this part to eligible school 
        attendance areas or eligible schools--
                    ``(A) identified under subsection (a)(3)(A), in 
                rank order, on the basis of the total number of 
                children from low-income families in each such area or 
                school; and
                    ``(B) identified under subparagraphs (B) and (C) of 
                subsection (a)(3) or under subsection (b), in rank 
                order, on the basis of the total number of children 
                from low-income families in grade levels served in each 
                such area or school.
            ``(2) Special rule.--(A) Except as provided in subparagraph 
        (B), the per pupil amount of funds allocated to each school 
        attendance area or school under paragraph (1) shall be at least 
        65 percent of the per pupil amount of funds a local educational 
        agency received for that year under the poverty criterion 
        described by the local educational agency in the plan submitted 
        under section 1112, except that this paragraph shall not apply 
        to a local educational agency that only serves schools in which 
        the percentage of such children is 50 percent or greater.
            ``(B) A local educational agency may reduce the amount of 
        funds allocated under subparagraph (A) for a school attendance 
        area or school by the amount of any supplemental State and 
        local funds expended in that school attendance area or school 
        for programs that meet the requirements of section 1114 or 
        1115.
            ``(3) Reservation.--A local educational agency shall 
        reserve such funds as are necessary under this part to provide 
        services comparable to those provided to children in schools 
        funded under this part to serve--
                    ``(A) eligible homeless children who do not attend 
                participating schools, including providing 
                educationally related support services to children in 
                shelters, where appropriate;
                    ``(B) children living in local institutions for 
                neglected or delinquent children; and
                    ``(C) where appropriate, neglected and delinquent 
                children in community day school programs.
    ``(d) Inapplicability.--
            ``(1) In general.--Subsections (a) and (c) shall not 
        apply--
                    ``(A) to a local educational agency with a total 
                enrollment of less than 1,000 children, except that 
                such agency shall serve school attendance areas or 
                schools in rank order according to grade span or school 
                on the basis of the total number of children from low-
                income families in grade levels served in such area or 
                school; or
                    ``(B) to a school participating in a desegregation 
                program where the number of economically disadvantaged 
                children served by the school is equal to or greater 
                than 100 or equal to or greater than 25 percent of such 
                school's total student enrollment.
            ``(2) Special rule.--(A) Except as provided in subparagraph 
        (B), the per pupil amount of funds allocated to each school 
        attendance area or school described in paragraph (1) shall be 
        at least 65 percent of the per pupil amount of funds the local 
        educational agency serving such area or school received for 
        that year under the poverty criterion described by such agency 
        in the plan submitted under section 1112, except that this 
        paragraph shall not apply to a local educational agency that 
        only serves schools in which the percentage of children from 
        low-income families is 50 percent or greater.
            ``(B) A local educational agency described in subparagraph 
        (A) may reduce the amount of funds allocated under such 
        subparagraph for a school attendance area or school by the 
        amount of any supplemental State and local funds expended in 
        such area or school for programs that meet the requirements of 
        section 1114 or 1115.
    ``(e) Optional Assignment.--A local educational agency with a total 
enrollment of greater than 900,000 children may, to the extent 
feasible, use funds received under this part to serve children from 
low-income families who reside in school attendance areas having high 
concentrations of children from low-income families, who otherwise meet 
the eligibility requirements of this part, and who attend schools in 
noneligible attendance areas.

``SEC. 1114. SCHOOLWIDE PROGRAMS.

    ``(a) Use of Funds for Schoolwide Programs.--
            ``(1) In general.--A local educational agency may use funds 
        under this part, in combination with other Federal, State, and 
        local funds, in order to upgrade the entire educational program 
        in a school described in subparagraph (A) or (B) if, for the 
        initial year of the schoolwide program, the school meets either 
        of the following criteria:
                    ``(A) The school serves an eligible school 
                attendance area in which at least 30 percent of the 
                children--
                            ``(i) are from low-income families; and
                            ``(ii) are eligible for a free or reduced 
                        price lunch or show evidence of poverty by 
                        other criteria, such as eligibility under the 
                        aid to families with dependent children program 
                        under part A of title IV of the Social Security 
                        Act.
                    ``(B) At least 30 percent of the children enrolled 
                in the school are from families meeting the 
                requirements of clauses (i) and (ii) of subparagraph 
                (A).
            ``(2) Identification.--(A) No school participating in a 
        schoolwide program shall be required to identify particular 
        children as eligible to participate in a schoolwide program or 
        to provide supplemental services to such children.
            ``(B) A school participating in a schoolwide program shall 
        use funds available to carry out this section only to 
        supplement the amount of funds that would, in the absence of 
        funds under this part, be made available from non-Federal 
        sources for the school, including funds needed to provide 
        services that are required by law for children with 
        disabilities and children with limited-English proficiency.
            ``(3) Special rule.--(A) Except as provided in subsection 
        (b), the Secretary may, through publication of a notice in the 
        Federal Register, exempt schoolwide programs under section 1114 
        from statutory or regulatory provisions of any other 
        noncompetitive, formula grant program administered by the 
        Secretary, or any discretionary grant program administered by 
        the Secretary (other than formula or discretionary grant 
        programs under the Individuals with Disabilities Education 
        Act), to support schoolwide programs, if the intent and 
        purposes of such other programs are met. Such notice shall not 
        be subject to the requirements in section 431 of the General 
        Education Provisions Act or section 553 of title 5, United 
        States Code.
            ``(B) A school that chooses to use funds from such other 
        programs shall not be relieved of the requirements relating to 
        health, safety, civil rights, gender equity, student and 
        parental participation and involvement, services to private 
        school children, maintenance of effort, comparability of 
        services, uses of Federal funds to supplement, not supplant 
        non-Federal funds, or the distribution of funds to State or 
        local educational agencies that apply to the receipt of funds 
        from such programs.
            ``(4) Reservation.--Each school receiving funds under this 
        title for any fiscal year shall use not less than 10 percent of 
        such funds to carry out the activities described in subsection 
        (b)(1)(D) for such fiscal year, except that--
                    ``(A) a school may enter into a consortium with 
                another school to carry out such activities; and
                    ``(B) this paragraph shall not apply to a school if 
                10 percent of the funds such school receives under this 
                title for such year is less than $5,000.
    ``(b) Components of a Schoolwide Program.--
            ``(1) In general.--A schoolwide program shall include the 
        following components:
                    ``(A) A comprehensive needs assessment of the 
                entire school that is based on information on the 
                performance of children in relation to the State 
                content standards and the State student performance 
                standards described in section 1111(b)(1).
                    ``(B) Schoolwide reform strategies that--
                            ``(i) provide opportunities for all 
                        children to meet the State's proficient and 
                        advanced levels of performance described in 
                        section 1111(b)(1)(A);
                            ``(ii) are based on effective means of 
                        improving the achievement of children;
                            ``(iii) use effective instructional 
                        strategies that--
                                    ``(I) increase the amount and 
                                quality of learning time; and
                                    ``(II) help provide an enriched and 
                                accelerated curriculum;
                            ``(iv)(I) address the needs of all children 
                        in the school, but particularly the needs of 
                        economically disadvantaged children, low-
                        achieving children, children with limited-
                        English proficiency, children with 
                        disabilities, children from migratory families, 
                        and children who are members of the target 
                        population of any program that is included in 
                        the schoolwide program, which may include--
                                    ``(aa) counseling, pupil services, 
                                and mentoring services;
                                    ``(bb) college and career awareness 
                                and preparation, such as college and 
                                career guidance, enhancement of 
                                employability skills, and job placement 
                                services;
                                    ``(cc) services to prepare students 
                                for the transition from school to work;
                                    ``(dd) services to assist preschool 
                                children in the transition from early 
                                childhood programs to elementary school 
                                programs;
                                    ``(ee) incorporation of gender-
                                equitable methods and practices; and
                                    ``(ff) after school and summer 
                                programs; and
                            ``(II) address how the school will 
                        determine if such needs have been met; and
                            ``(v) are consistent with, and are designed 
                        to implement, the State and local improvement 
                        plans, if any, approved under title III of the 
                        Goals 2000: Educate America Act.
                    ``(C)(i) Instruction by highly qualified 
                professional staff.
                    ``(ii) If a school uses funds received under this 
                part to employ instructional aides, the school shall 
                ensure that such aides--
                            ``(I) possess the knowledge and skills 
                        sufficient to assist participating children in 
                        meeting the educational goals of this part;
                            ``(II) have a secondary school diploma or 
                        its recognized equivalent, or earn such diploma 
                        or equivalent within 2 years of such 
                        employment, except that a school may employ an 
                        instructional aide that does not meet the 
                        requirement of this subclause if such aide 
                        possesses proficiency in a language other than 
                        English that is needed to enhance the 
                        participation of children in programs under 
                        this part; and
                            ``(III) are under the direct supervision of 
                        a teacher who has primary responsibility for 
                        providing instructional services to eligible 
                        children.
                    ``(D) In accordance with subsection (a)(4), ongoing 
                professional development for teachers, pupil services 
                personnel, parents, principals, and other staff to 
                enable all children in the school to meet the State's 
                student performance standards. Such activities shall be 
                jointly developed by the principal, teachers, and other 
                staff of each school.
                    ``(E) Parental involvement in accordance with 
                section 1116.
                    ``(F) Development and use of teacher selected 
                assessments as described in section 1112(b)(1)(A)(ii) 
                for providing information on and improving the 
                performance of individual students and the overall 
                instructional program.
                    ``(G) Measures to ensure that students who 
                experience difficulty mastering any of the standards 
                required by section 1111(b) during the course of the 
                school year shall be provided with effective, timely 
                additional assistance, which shall include--
                            ``(i) measures to ensure that students' 
                        difficulties are identified on a timely basis 
                        and to provide sufficient information on which 
                        to base effective assistance;
                            ``(ii) to the extent the school determines 
                        feasible using funds under this part, periodic 
                        training for teachers in how to identify such 
                        difficulties and to provide assistance to 
                        individual students; and
                            ``(iii) for any student who has not met 
                        such standards, teacher-parent conferences, at 
                        which time the teacher and parents shall 
                        discuss--
                                    ``(I) what the school will do to 
                                help the student meet such standards;
                                    ``(II) what the parents can do to 
                                help the student improve the student's 
                                performance; and
                                    ``(III) additional assistance which 
                                may be available to the student at the 
                                school or elsewhere in the community.
            ``(2) Plan.--(A) Any eligible school that desires to 
        operate a schoolwide program shall first develop (or amend a 
        plan for such a program that was in existence before the date 
        of enactment of the Improving America's Schools Act of 1994), 
        in consultation with the local educational agency, a 
        comprehensive plan for reforming the total instructional 
        program in the school that--
                    ``(i) incorporates the components described in 
                paragraph (1);
                    ``(ii) describes how the school will use resources 
                under this part and from other sources to implement 
                those components;
                    ``(iii) includes a list of State and local 
                educational agency programs and other Federal programs 
                under paragraph (a)(3) that will be included in the 
                schoolwide program;
                    ``(iv) describes how the school will provide valid 
                and reliable individual student assessment results, 
                including an interpretation of those results, to the 
                parents of any child who participates in the assessment 
                required by section 1111(b)(3); and
                    ``(v) provides for statistically reliable data on 
                the achievement and assessment results of economically 
                disadvantaged children disaggregated by gender, major 
                ethnic or racial groups, children with disabilities, 
                and, where appropriate, limited-English proficient 
                children.
            ``(B) Plans developed before a State has adopted standards 
        and a set of assessments that meet the criteria described in 
        paragraphs (1) and (3) of section 1111(b) shall be based on an 
        analysis of available data on the achievement of students in 
        the school and effective instructional and school improvement 
        practices.
            ``(C) The comprehensive plan shall be--
                    ``(i) developed over a one-year period, unless--
                            ``(I) the local educational agency 
                        determines that less time is needed to develop 
                        and implement the schoolwide program; or
                            ``(II) the school is operating a schoolwide 
                        program on the day preceding the date of 
                        enactment of the Improving America's Schools 
                        Act of 1994, in which case such school may 
                        continue to operate that program, but shall 
                        develop a new plan during the first year of 
                        assistance under such Act to reflect the 
                        provisions of this section;
                    ``(ii) developed by a school-site council composed 
                of those individuals who will implement the plan, 
                including teachers, pupil services personnel, parents, 
                principals, and other staff;
                    ``(iii) in effect for the duration of the school's 
                participation under this part and reviewed and revised, 
                as necessary, by the school; and
                    ``(iv) available to the local educational agency, 
                parents, and the public, and the information contained 
                in such plan shall be translated, to the extent 
                feasible, into any language that a significant 
                percentage of the parents of participating children in 
                the school speak as their primary language.

``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

    ``(a) In General.--In all schools selected to receive funds under 
section 1113(c) that are ineligible for a schoolwide program under 
section 1114, or that choose not to operate such a schoolwide program, 
a local educational agency may use funds received under this part only 
for programs that provide services to economically disadvantaged 
children identified by teachers, in consultation with parents, 
administrators, and pupil services personnel, as having the greatest 
academic need for special assistance.
    ``(b) Eligible Children.--
            ``(1) Eligible population.--A child shall be eligible for 
        services under this part if--
                    ``(A) except as provided in subparagraphs (B), (C), 
                and (D), the school serving such child determines that 
                such child is economically disadvantaged, and such 
                child--
                            ``(i)(I) is not older than age 21 and is 
                        entitled to a free public education through 
                        grade 12; and
                            ``(II) is not yet at a grade level where 
                        the local educational agency provides a free 
                        public education, yet is of an age at which 
                        such child can benefit from an organized 
                        instructional program provided in a school or 
                        other educational setting; or
                            ``(ii) is a child with a disability, a 
                        limited-English proficient child, or a migrant 
                        child;
                    ``(B) the child, at any time in the two years 
                preceding the year for which the determination is made, 
                received services under the program for neglected and 
                delinquent children under part E (or its predecessor 
                authority);
                    ``(C) the child is homeless and attending any 
                school in the local educational agency; and
                    ``(D) the child, at any time in the two years 
                preceding the year for which the determination is made, 
                participated in a Head Start or Even Start program.
            ``(2) Special rule.--Funds received under this part may not 
        be used to provide services that are otherwise required by law 
        to be made available to children described in subparagraphs 
        (B), (C), and (D) of paragraph (1) but may be used to 
        coordinate or supplement such services.
    ``(c) Components of a Targeted Assistance School Program.--
            ``(1) In general.--To assist targeted assistance schools 
        and local educational agencies to meet their responsibility to 
        provide for all their students served under this part the 
        opportunity to meet the State's student performance standards 
        in subjects as determined by the State, each targeted 
        assistance program under this section shall--
                    ``(A) use such program's resources under this part 
                to help participating children meet such State student 
                performance standards expected for all children;
                    ``(B) be based on effective means for improving 
                achievement of children;
                    ``(C) ensure that planning for students served 
                under this part is incorporated into existing school 
                planning;
                    ``(D) use effective instructional strategies that--
                            ``(i) increase the amount and quality of 
                        learning time;
                            ``(ii) help provide an accelerated, high-
                        quality curriculum; and
                            ``(iii) minimize isolating eligible 
                        children from other children in the school 
                        during regular school hours;
                    ``(E) coordinate with and support the regular 
                education program, which may include--
                            ``(i) counseling, mentoring and other pupil 
                        services;
                            ``(ii) college and career awareness and 
                        preparation, such as college and career 
                        guidance, enhancement of employability skills, 
                        and job placement services;
                            ``(iii) services to prepare students for 
                        the transition from school to work; and
                            ``(iv) services to assist preschool 
                        children in the transition from early childhood 
                        programs to elementary school programs;
                    ``(F) provide instruction by highly qualified 
                staff;
                    ``(G) if such program employs instructional aides, 
                ensure that such aides--
                            ``(i) possess the knowledge and skills 
                        sufficient to assist participating children in 
                        meeting the purposes of this title;
                            ``(ii) have a secondary school diploma or 
                        its recognized equivalent, or earn such diploma 
                        or equivalent within 2 years of such 
                        employment, except that an instructional aide 
                        that does not meet the requirement of this 
                        clause may be employed if such aide possesses a 
                        tested proficiency in English and a language 
                        other than English that is needed to enhance 
                        the participation of children in programs under 
                        this part; and
                            ``(iii) are under the direct supervision of 
                        a teacher who has primary responsibility for 
                        providing instructional services to eligible 
                        children;
                    ``(H) in accordance with subsection (d)(2), provide 
                opportunities for ongoing professional development to 
                the extent the school determines feasible with 
                resources provided under this part and from other 
                sources for administrators and for teachers and other 
                school staff who work with participating children in 
                programs under this section or in the regular education 
                program; and
                    ``(I) provide opportunities for parental 
                involvement in accordance with section 1116.
            ``(2) Requirements.--Each school conducting a program under 
        this section shall assist participating children selected in 
        accordance with subsection (b) to meet the State's proficient 
        and advanced levels of performance by--
                    ``(A) the coordination of resources provided under 
                this part with other resources to enable the children 
                served to meet the State content standards and State 
                student performance standards; and
                    ``(B) providing individual student assessment 
                results, including an explanation of those results, to 
                the parents of any child who participates in the 
                assessment required by section 1111(b)(3).
    ``(d) Special Rules.--
            ``(1) Comprehensive services.--If health, nutrition, and 
        other social services are not otherwise available to eligible 
        children in a targeted assistance school and such school, if 
        appropriate, has engaged in a comprehensive needs assessment 
        and established a collaborative partnership with local service 
        providers, and if funds are not reasonably available from other 
        public or private sources to provide services under this part, 
        then funds provided under this part may be used as a last 
        resort to provide such services, including--
                    ``(A) the provision of basic medical equipment, 
                such as eyeglasses and hearing aids;
                    ``(B) compensation of a coordinator; and
                    ``(C) professional development for teachers, pupil 
                services personnel, other staff, and parents in 
                identifying and meeting the comprehensive needs of 
                eligible children.
            ``(2) Reservation.--Each school receiving funds under this 
        title for any fiscal year shall use not less than 10 percent of 
        such funds to carry out the activities described in subsection 
        (c)(1)(H) for such fiscal year, except that--
                    ``(A) a school may enter into a consortium with 
                another school to carry out such activities; and
                    ``(B) this paragraph shall not apply to a school if 
                10 percent of the funds such school receives under this 
                title for such year is less than $5,000.
    ``(e) Assignment of Personnel.--To promote the integration of staff 
supported with funds under this part and children served under this 
part into the regular school program and overall school planning and 
improvement efforts, public school personnel who are paid with funds 
received under this part may--
            ``(1) assume limited duties that are assigned to similar 
        personnel who are not so paid, including duties beyond 
        classroom instruction or that do not benefit participating 
        children so long as the amount of time spent on such duties is 
        the same proportion of total work time as prevails with respect 
        to similar personnel at the same school;
            ``(2) participate in general professional development and 
        school planning activities; and
            ``(3) collaboratively teach with regular classroom 
        teachers, so long as their efforts directly benefit 
        participating children.
    ``(f) Special Rule.--Nothing in this section shall be construed to 
prohibit a school from serving students served under this section 
simultaneously with students with similar educational needs, in the 
same educational settings where appropriate.

``SEC. 1116. PARENTAL INVOLVEMENT.

    ``(a) Local Educational Agency Policy.--
            ``(1) In general.--Each local educational agency that 
        receives funds under this part shall develop jointly with, 
        agree upon with, and distribute to, parents of participating 
        children a written parent involvement policy that is 
        incorporated into the local educational agency's plan developed 
        under section 1112, establishes the expectations for parent 
        involvement, and describes how the local educational agency 
        will--
                    ``(A) involve parents in the joint development and 
                approval of the plan described under section 1112, and 
                the process of school review and improvement described 
                under section 1118;
                    ``(B) provide the coordination, technical 
                assistance, and other support necessary to assist 
                participating schools in planning and implementing 
                effective parent involvement;
                    ``(C) build the schools' and parents' capacity for 
                strong parent involvement as described in subsection 
                (e);
                    ``(D) coordinate and integrate parent involvement 
                strategies described in this part with those under 
                other programs; and
                    ``(E) ensure that participating schools--
                            ``(i) review the effectiveness of their 
                        parent involvement activities on an ongoing 
                        basis;
                            ``(ii) identify and take steps to remove 
                        any barriers to greater parental involvement, 
                        including barriers resulting in lower rates of 
                        participation in the parent involvement 
                        activities by parents who are economically 
                        disadvantaged, are disabled, have limited 
                        literacy, have limited-English proficiency, or 
                        are from any racial or ethnic minority 
                        background; and
                            ``(iii) use the findings of such reviews 
                        in--
                                    ``(I) designing strategies for 
                                school improvement; and
                                    ``(II) revising, if necessary, the 
                                parent involvement policies described 
                                in this subsection and subsection 
                                (b)(1).
            ``(2) Amendment.--If the local educational agency has a 
        school district-level parental involvement policy that applies 
        to all parents, such agency may amend that policy, if 
        necessary, to meet the requirements of this subsection.
    ``(b) School Parental Involvement Policy.--
            ``(1) In general.--Each school served under this part shall 
        jointly develop with, and distribute to, parents of 
        participating children a written parent involvement policy, 
        agreed upon by such parents, that shall describe the means for 
        carrying out the requirements of subsections (c) through (f). 
        Such policy shall be updated periodically to meet the changing 
        needs of parents and the school.
            ``(2) Special rule.--If the school has a parental 
        involvement policy that applies to all parents, such school may 
        amend that policy, if necessary, to meet the requirements of 
        this subsection.
    ``(c) Policy Involvement.--Each school served under this part 
shall--
            ``(1) convene an annual meeting, at a convenient time, to 
        which all parents of participating children shall be invited 
        and encouraged to attend, to inform parents of their school's 
        participation under this part and to explain this part, its 
        requirements, and their right to be involved;
            ``(2) offer a flexible number of meetings, such as meetings 
        in the morning or evening, and may provide, with funds provided 
        under this part, transportation, child care, or home visits, as 
        such services relate to parental involvement;
            ``(3) involve parents, in an organized, ongoing, and timely 
        way, in the planning, review, and improvement of programs under 
        this part, including the school parental involvement policy and 
        the joint development and approval of the schoolwide program 
        plan under section 1114(b), except that if a school has in 
        place a process for involving parents in the joint planning, 
        design, and approval of its programs, the school may use that 
        process, provided that such process includes an adequate 
        representation of parents of participating children; and
            ``(4) provide parents of participating children--
                    ``(A) timely information about programs under this 
                part;
                    ``(B) school performance profiles required under 
                section 1118(a)(3);
                    ``(C) a description and explanation of the 
                curriculum in use at the school, the forms of 
                assessment used to measure student progress, and the 
                proficiency levels students are expected to meet;
                    ``(D) opportunities for regular meetings to 
                formulate suggestions, share experiences with other 
                parents, and participate as appropriate in decisions 
                relating to the education of their children if such 
                parents so desire; and
                    ``(E) timely responses to the suggestions described 
                in subparagraph (E).
    ``(d) Shared Responsibilities for High Student Performance.--As a 
component of the school-level parental involvement policy developed 
under subsection (b), each school served under this part shall jointly 
develop with parents for all children served under this part a school-
parent compact that outlines how parents, the entire school staff, and 
students will share the responsibility for improved student achievement 
and the means by which the school and parents will build and develop a 
partnership to help children achieve the State's high standards. Such 
compact shall--
            ``(1) describe the school's responsibility to provide high-
        quality curriculum and instruction in a supportive and 
        effective learning environment that enables the children served 
        under this part to meet the State's student performance 
        standards, and the ways in which each parent will be 
        responsible for supporting their children's learning, such as 
        monitoring attendance, homework completion, television 
        watching, volunteering in their child's classroom, and 
        participating as appropriate in decisions relating to the 
        education of their children, and positive use of 
        extracurricular time; and
            ``(2) address the importance of communication between 
        teachers and parents on an ongoing basis through, at a 
        minimum--
                    ``(A) parent-teacher conferences in elementary 
                schools, at least annually, during which the compact 
                shall be discussed as the compact relates to the 
                individual child's achievement;
                    ``(B) frequent reports to parents on their 
                children's progress; and
                    ``(C) reasonable access to staff, opportunities to 
                volunteer and participate in their child's class, and 
                observation of classroom activities.
    ``(e) Building Capacity for Involvement.--To ensure effective 
involvement of parents and to support a partnership among the school, 
parents, and the community to improve student achievement, each school 
and local educational agency shall--
            ``(1) provide assistance to participating parents in such 
        areas as understanding the National Education Goals, the 
        State's content standards and State student performance 
        standards, State and local assessments, the requirements of 
        this part, and how to monitor their children's progress and 
        work with educators to improve the performance of their 
        children as well as information on how parents can participate 
        in decisions relating to the education of their children;
            ``(2) provide materials and training, such as necessary 
        literacy training that is not otherwise available from other 
        sources to help parents work with their children to improve 
        their children's achievement;
            ``(3) educate teachers, pupil services personnel, 
        principals and other staff, with the assistance of parents, in 
        the value and utility of contributions of parents, and in how 
        to reach out to, communicate with, and work with parents as 
        equal partners, implement and coordinate parent programs, and 
        build ties between home and school;
            ``(4) coordinate and integrate parent involvement programs 
        and activities with Head Start, Even Start, home instruction 
        programs for preschool youngsters and Parents as Teachers, and 
        public preschool programs, to the extent feasible;
            ``(5) other activities, as appropriate and feasible, such 
        as parent resource centers and providing opportunities for 
        parents to learn about child development and child rearing 
        issues beginning at the birth of a child, designed to help 
        parents become full partners in the education of their 
        children; and
            ``(6) provide such other reasonable support for parental 
        involvement activities under this section as parents may 
        request.
    ``(f) Parental Information and Resource Centers.--In States where 
parental information and resource centers have been established 
pursuant to section 401 of the Goals 2000: Educate America Act of 1994 
(to providing training, information, and support to parents and 
individuals who work with parents) local educational agencies and 
schools receiving assistance under this part shall assist parents and 
parent organizations by informing such parents and organizations of the 
existence and purpose of such centers, providing such parents and 
organizations with a description of the services and programs provided 
by such centers, advising parents on how to use such centers, and 
helping parents to contact such centers.
    ``(g) Accessibility.--In carrying out the parental involvement 
requirements of this part, local educational agencies and schools, to 
the extent practicable, shall provide full opportunities for the 
participation of parents with limited-English proficiency or with 
disabilities, including providing information and school profiles in a 
language and form such parents understand.

``SEC. 1117. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

    ``(a) General Requirement.--
            ``(1) In general.--To the extent consistent with the number 
        of eligible children identified according to section 1115(b) in 
        a local educational agency who are enrolled in private 
        elementary and secondary schools, a local educational agency 
        shall, after timely and meaningful consultation with 
        appropriate private school officials, provide such children, on 
        an equitable basis, special educational services or other 
        benefits under this part.
            ``(2) Secular, neutral, nonideological.--Such educational 
        services or other benefits, including materials and equipment, 
        must be secular, neutral, and nonideological.
            ``(3) Equity.--Educational services and other benefits for 
        such private school children shall be equitable in comparison 
        to services and other benefits for public school children 
        participating under this part.
            ``(4) Expenditures.--Expenditures for educational services 
        and other benefits to eligible private school children shall be 
        equal to the proportion of funds allocated to participating 
        school attendance areas based on the number of children from 
        low-income families who attend private schools.
            ``(5) Provision of services.--The local educational agency 
        may provide such services directly or through contracts with 
        public and private agencies, organizations, and institutions.
    ``(b) Consultation.--
            ``(1) In general.--To ensure timely and meaningful 
        consultation, a local educational agency shall consult with 
        appropriate private school officials during the design and 
        development of the agency's programs under this part, on issues 
        such as--
                    ``(A) how the children's needs will be identified;
                    ``(B) what services will be offered;
                    ``(C) how and where the services will be provided; 
                and
                    ``(D) how the services will be assessed.
            ``(2) Timing.-- Such consultation shall occur before the 
        local educational agency makes any decision that affects the 
        opportunities of eligible private school children to 
        participate in programs under this part.
            ``(3) Discussion.--Such consultation shall include a 
        discussion of service delivery mechanisms a local educational 
        agency can use to provide equitable services to eligible 
        private school children.
    ``(c) Public Control of Funds.--
            ``(1) In general.--The control of funds provided under this 
        part, and title to materials, equipment, and property purchased 
        with those funds, shall be in a public agency, and a public 
        agency shall administer such funds and property.
            ``(2) Provision of services.--(A) The provision of services 
        under this section shall be provided--
                    ``(i) by employees of a public agency; or
                    ``(ii) through contract by such public agency with 
                an individual, association, agency, or organization.
            ``(B) In the provision of such services, such employee, 
        person, association, agency, or organization shall be 
        independent of such private school and of any religious 
        organization, and such employment or contract shall be under 
        the control and supervision of such public agency.
            ``(3) Verifiable documentation.--An official of each 
        private school assisted under this part shall provide to the 
        local educational agency the verifiable documentation necessary 
        to determine the proportionate allocation amount under 
        subsection (a)(4) on which the provision of equitable services 
        under this section will be based.
    ``(d) Standards for a Bypass.--If a local educational agency is 
prohibited by law from providing for the participation on an equitable 
basis of eligible children enrolled in private elementary and secondary 
schools or if the Secretary determines that a local educational agency 
has substantially failed or is unwilling to provide for such 
participation, as required by this section, the Secretary shall--
            ``(1) waive the requirements of this section for such local 
        educational agency; and
            ``(2) arrange for the provision of services to such 
        children through arrangements that shall be subject to the 
        requirements of this section and sections 10505 and 10506.
    ``(e) Capital Expenses.--
            ``(1) In general.--(A) From the amount appropriated for 
        this subsection under section 1002(e) for any fiscal year, each 
        State is eligible to receive an amount that bears the same 
        ratio to the amount so appropriated as the number of private 
        school children who received services under this part in the 
        State in the most recent year for which data satisfactory to 
        the Secretary are available bears to the number of such 
        children in all States in that same year.
            ``(B) The Secretary shall reallocate any amounts allocated 
        under subparagraph (A) that are not used by a State for the 
        purpose of this subsection to other States on the basis of 
        their respective needs, as determined by the Secretary.
            ``(2) Capital expenses.--(A) A local educational agency may 
        apply to the State educational agency for payments for capital 
        expenses consistent with this subsection.
            ``(B) State educational agencies shall distribute such 
        funds under this subsection to local educational agencies based 
        on the degree of need set forth in their respective 
        applications for assistance under this subsection.
            ``(3) Uses of funds.--Any funds appropriated to carry out 
        this subsection shall be used only for capital expenses 
        incurred to provide equitable services for private school 
        children under this section.
            ``(4) Definition.--For the purpose of this subsection, the 
        term `capital expenses' means--
                    ``(A) expenditures for noninstructional goods and 
                services, such as the purchase, lease, or renovation of 
                real and personal property, including mobile 
                educational units and leasing of neutral sites or 
                spaces;
                    ``(B) insurance and maintenance costs;
                    ``(C) transportation; and
                    ``(D) other comparable goods and services.

``SEC. 1118. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL 
              IMPROVEMENT.

    ``(a) Local Review.--Each local educational agency receiving funds 
under this part shall--
            ``(1) use the State assessments described in the State 
        plan;
            ``(2) use any additional measures or indicators described 
        in the local educational agency's plan to review annually the 
        progress of each school served under this part to determine 
        whether the school is meeting, or making adequate progress as 
        defined in section 1111(b)(2)(A)(i) toward enabling its 
        students to meet the State's student performance standards 
        described in the State plan;
            ``(3) publicize and disseminate to teachers and other 
        staff, parents, students, and the community the results of the 
        annual review under paragraph (1) of all schools served under 
        this part in individual school performance profiles that 
        include disaggregated results as required by section 
        1111(b)(3)(I); and
            ``(4) provide the results of the local annual review to 
        schools so that the local educational agency can continually 
        refine the program of instruction to help all children served 
        under this part in those schools meet the State's student 
        performance standards.
    ``(b) School Improvement.--
            ``(1) In general.--(A) A local educational agency shall 
        identify for school improvement any school served under this 
        part that--
                    ``(i) has been in program improvement under section 
                1020 of the Elementary and Secondary Education Act of 
                1965 (as such section was in effect on the day 
                preceding the date of enactment of the Improving 
                America's Schools Act of 1994), for at least two 
                consecutive school years prior to such day;
                    ``(ii) has not made adequate progress as defined in 
                the State's plan under section 1111(b)(2)(A)(i) for two 
                consecutive school years, except that--
                            ``(I) this subparagraph shall not apply to 
                        a school if almost every student in such school 
                        is meeting the State's advanced level of 
                        performance; or
                            ``(II) in the case of a school that is not 
                        operating a schoolwide program such school may 
                        be reviewed on the progress of only those 
                        students that have been, are, or will be, 
                        served under this part; or
                    ``(iii) has failed to meet the criteria established 
                by the State through the State's transitional procedure 
                under section 1111(b)(5)(C) for two consecutive years.
            ``(B) Before identifying a school for school improvement 
        under paragraph (1), the local educational agency shall provide 
        the school with an opportunity to review the school-level data, 
        including assessment data, on which such identification is 
        based. If the school believes that such identification for 
        school improvement is in error, such school may provide 
        evidence to the local educational agency to support such 
        belief.
            ``(2) Requirement.--(A) Each school identified under 
        paragraph (1) shall--
                    ``(i) in consultation with parents, the local 
                educational agency, and the school support team, 
                develop or revise a school plan in ways that have the 
                greatest likelihood of improving the performance of 
                participating children in meeting the State's student 
                performance standards; and
                    ``(ii) submit the plan to the local educational 
                agency for approval.
            ``(B) During the first year immediately following 
        identification under paragraph (1), the school shall implement 
        such school's plan.
            ``(3) Technical assistance.--For each school identified 
        under paragraph (1), the local educational agency shall provide 
        technical assistance as the school develops and implements such 
        school's plan.
            ``(4) Corrective action.--(A) The local educational agency 
        may take corrective action at any time against a school that 
        has been identified under paragraph (1), but, during the third 
        year following identification under paragraph (1), shall take 
        such action against any school that still fails to make 
        adequate progress.
            ``(B)(i) Corrective actions are those, consistent with 
        State and local law, determined and made public and 
        disseminated by the local educational agency, which may 
        include--
                    ``(I) withholding funds;
                    ``(II) an aggressive joint plan between the local 
                educational agency and the school that addresses 
                specific elements of student performance problems and 
                that specifies school and local responsibilities under 
                the plan;
                    ``(III) interagency collaborative agreements 
                between the school and other public agencies to provide 
                health, counseling, and other social services needed to 
                remove barriers to learning;
                    ``(IV) waivers or modifications of requirements of 
                local educational agency policy or regulation that 
                impede the ability of the school to educate students;
                    ``(V) revoking authority for a school to operate a 
                schoolwide program;
                    ``(VI) decreasing decisionmaking authority at the 
                school level;
                    ``(VII) making alternative governance arrangements 
                such as the creation of a public charter school;
                    ``(VIII) reconstituting the school staff; and
                    ``(IX) authorizing students to transfer, including 
                transportation costs, to other public schools served by 
                the local educational agency.
            ``(ii) Notwithstanding clause (i), corrective actions taken 
        pursuant to this part shall not include the actions described 
        in subclauses (I), (V), (VI), (VIII), (IX) of clause (i) until 
        the State has developed assessments that meet the requirements 
        of paragraph (3)(E) of section 1111(b).
            ``(C) Prior to implementing any corrective action, the 
        local educational agency may refrain from such corrective 
        action to the extent that the failure to make progress can be 
        attributed to extenuating circumstances, such as sudden and 
        significant reductions in Federal funding in a single year, as 
        determined by the Secretary.
            ``(5) State educational agency responsibilities.--The State 
        educational agency shall--
                    ``(A) make assistance from school support teams and 
                distinguished educators under section 1119 available to 
                the schools farthest from meeting the State's student 
                performance standards, if requested by the local 
                educational agency or school; and
                    ``(B) if such agency determines that a local 
                educational agency failed to carry out the local 
                educational agency's responsibilities under paragraphs 
                (3) and (4), take such corrective actions that the 
                State educational agency deems appropriate.
            ``(6) Special rule.--Schools that for at least two of the 
        three years following identification under paragraph (1) make 
        adequate progress toward meeting the State's proficient and 
        advanced levels of performance shall no longer need to be 
        identified for school improvement.
    ``(c) State Review and Local Educational Agency Improvement.--
            ``(1) In general.--A State educational agency shall--
                    ``(A) annually review the progress of each local 
                educational agency receiving funds under this part to 
                determine whether the local educational agency is 
                making adequate progress as defined in section 
                1111(b)(2)(A)(ii) toward meeting the State's student 
                performance standards; and
                    ``(B) publicize and disseminate to local 
                educational agencies, teachers and other staff, 
                parents, students, and the community the results of the 
                State review, including disaggregated results, as 
                required by section 1111(b)(3)(F).
            ``(2) Rewards.--In the case of a local educational agency 
        that for three consecutive years has met or exceeded the 
        State's definition of adequate progress as defined in section 
        1111(b)(2)(A)(ii), the State may make institutional and 
        individual rewards of the kinds described for individual 
        schools in paragraphs (2) and (3) of section 1119(b).
            ``(3) Identification.--(A) A State educational agency shall 
        identify for improvement any local educational agency that--
                    ``(i) for two consecutive years, is not making 
                adequate progress as defined in section 
                1111(b)(2)(A)(ii) in schools served under this part 
                toward meeting the State's student performance 
                standards, except that schools served by the local 
                educational agency that are not operating schoolwide 
                programs may be reviewed on the basis of the progress 
                of only those students served under this part; or
                    ``(ii) has failed to meet the criteria established 
                by the State through its transitional procedure under 
                section 1111(b)(5)(C) for two consecutive years.
            ``(B) Before identifying a local educational agency for 
        improvement under paragraph (1), the State educational agency 
        shall provide the local educational agency with an opportunity 
        to review the school-level data, including assessment data, on 
        which such identification is based. If the local educational 
        agency believes that such identification for improvement is in 
        error, such local educational agency may provide evidence to 
        the State educational agency to support such belief.
            ``(4) Local educational agency revisions.--Each local 
        educational agency identified under paragraph (3) shall, in 
        consultation with schools, parents, and educational experts, 
        revise its local educational agency plan under section 1112 in 
        ways that have the greatest likelihood of improving the 
        performance of schools served by the local educational agency 
        in meeting the State's student performance standards.
            ``(5) State educational agency responsibilities.--For each 
        local educational agency identified under paragraph (3), the 
        State educational agency shall--
                    ``(A) provide technical assistance to better enable 
                the local educational agency to develop and implement 
                the local educational agency's revised plan and work 
                with schools needing improvement; and
                    ``(B) make available to the local educational 
                agencies farthest from meeting the State's standards, 
                if requested, assistance from school support teams and 
                distinguished educators under section 1119.
            ``(6) Corrective action.--(A) The State educational agency 
        may take corrective action at any time against a local 
        educational agency that has been identified under paragraph 
        (3), but, during the fourth year following identification under 
        paragraph (3), shall take such action against any local 
        educational agency that still fails to make adequate progress.
            ``(B)(i) Corrective actions are those, consistent with 
        State law, determined and made public and disseminated by the 
        State educational agency, which may include--
                    ``(I) the withholding of funds;
                    ``(II) an aggressive joint plan between the State 
                and local educational agency that addresses specific 
                elements of student performance problems and that 
                specifies State and local responsibilities under the 
                plan;
                    ``(III) interagency collaborative agreements 
                between the local educational agency and other public 
                agencies to provide health, pupil services, and other 
                social services needed to remove barriers to learning;
                    ``(IV) waivers or modification of requirements of 
                State law or regulation (in States in which such 
                waivers are permitted) that impede the ability of a 
                local educational agency to educate students;
                    ``(V) reconstitution of school district personnel;
                    ``(VI) appointment by the State educational agency 
                of a representative to implement, in conjunction with 
                the local educational agency, a program improvement 
                plan;
                    ``(VII) removal of particular schools from the 
                jurisdiction of the local educational agency and 
                establishment of alternative arrangements for the 
                public governance and supervision of such schools, 
                including contracts with private management companies;
                    ``(VIII) authorizing students to transfer to 
                another public school, including the cost of 
                transportation; and
                    ``(IX) contracting out the management of troubled 
                schools to private management firms.
            ``(ii) Notwithstanding clause (i), corrective actions taken 
        pursuant to this part shall not include the actions described 
        in subclauses (I), (V), and (VII) of clause (i) until the State 
        has developed assessments that meet the requirements of 
        paragraph (3)(E) of section 1111(b).
            ``(C) Prior to implementing any corrective action, the 
        State educational agency shall provide due process, including a 
        hearing, to any local educational agency identified under 
        paragraph (3) and may refrain from such corrective action to 
        the extent that the failure to make progress can be attributed 
        to such extenuating circumstances as determined by the 
        Secretary.
            ``(7) Special rule.--Local educational agencies that for at 
        least two of the three years following identification under 
        paragraph (3) make adequate progress toward meeting the State's 
        standards no longer need to be identified for local educational 
        agency improvement.
    ``(d) Other Accountability Systems.--If a State has developed an 
accountability system for all children that, in the Secretary's 
judgment, is as rigorous as the system required by this section and can 
serve as basis for the accountability of programs under this part, then 
the Secretary may deem such system as meeting the requirements of this 
section.
    ``(e) Construction.--Nothing in this section 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.

``SEC. 1119. STATE ASSISTANCE FOR SCHOOLS SUPPORT AND IMPROVEMENT.

    ``(a) System for Support.--Each State educational agency shall 
establish a statewide system of intensive and sustained support and 
improvement for schools receiving funds under this title, including 
schoolwide programs and schools in need of program improvement.
    ``(b) Components.--The system, at a minimum, shall include the 
following:
            ``(1) School support teams.--
                    ``(A) Each State, in consultation with local 
                educational agencies and schools, shall establish a 
                system of school support teams to provide information 
                and assistance to schoolwide programs, or a school in 
                which the number of students in poverty is equal to or 
                greater than 75 percent of the total number of students 
                enrolled in such school and such school is identified 
                as in need of improvement under section 1118(b)(1).
                    ``(B) Each such team shall be composed of persons, 
                including teachers, pupil services personnel, 
                representatives of organizations knowledgeable about 
                successful schoolwide projects or comprehensive school 
                reform, and other persons who are knowledgeable about 
                research and practice on teaching and learning, 
                particularly about strategies for improving the 
                educational opportunities for eligible children, such 
                as representatives of institutions of higher education, 
                regional educational laboratories or research centers, 
                and outside consultant groups.
                    ``(C) A school support team shall work 
                cooperatively with each school and make recommendations 
                as the school develops its schoolwide program plan or 
                school improvement plan, review each plan, and make 
                recommendations to the school and the local educational 
                agency.
                    ``(D) During the operation of the schoolwide 
                program or during school improvement activities, a 
                school support team shall--
                            ``(i) periodically review the progress of 
                        the school in enabling children in the school 
                        to meet the State's performance standards under 
                        this part;
                            ``(ii) identify problems in the design and 
                        operation of the instructional program; and
                            ``(iii) make recommendations for 
                        improvement to the school and the local 
                        educational agency.
                    ``(E) Funds made available for State administration 
                and, at the discretion of the local educational agency, 
                funds available to local educational agencies under 
                this part may be used to pay the costs of the school 
                support teams.
            ``(2) Distinguished schools.--(A) Each State shall 
        designate as a distinguished school--
                    ``(i) any school served under this part that, for 
                three consecutive years, has exceeded the State's 
                definition of adequate progress as defined in section 
                1111(b)(2)(A)(i); and
                    ``(ii) any school in which almost every student has 
                met the State's advanced level of performance.
            ``(B)(i) A State shall use funds available under section 
        1701(c) to recognize distinguished schools, including making 
        monetary awards.
            ``(ii) Funds awarded to a distinguished school may be used 
        by the school to further the school's educational program under 
        this part, provide additional incentives for continued success, 
        and reward individuals or groups in the school for past 
        performance.
            ``(C) A local educational agency may also recognize the 
        success of a distinguished school by providing additional 
        institutional and individual rewards, such as greater 
        decisionmaking authority at the school building level, 
        increased access to resources or supplemental services such as 
        summer programs that may be used to sustain or increase 
        success, additional professional development opportunities, 
        opportunities to participate in special projects, and 
        individual financial bonuses.
            ``(D) Schools designated as distinguished schools under 
        such subparagraph (A) may serve as models and provide 
        additional assistance to other schools served under this part, 
        especially schoolwide programs and schools in school 
        improvement, that are not making adequate progress.
            ``(3) Distinguished educators.--
                    ``(A) In order to provide assistance to schools and 
                local educational agencies identified as needing 
                improvement and schools participating in schoolwide 
                programs, each State, in consultation with local 
                educational agencies and using funds available under 
                section 1701(c), shall establish a corps of 
                distinguished educators.
                    ``(B) When possible, distinguished educators shall 
                be chosen from schools served under this part that have 
                been especially successful in enabling children to meet 
                or make outstanding progress toward meeting the State's 
                student performance standards, such as the schools 
                described in paragraph (2).
                    ``(C) Distinguished educators shall provide, as 
                part of the statewide system, intensive and sustained 
                assistance to the schools and local educational 
                agencies furthest from meeting the State's student 
                performance standards and to schoolwide programs as 
                such programs develop and implement their plans, 
                including participation in the support teams described 
                in paragraph (1).
    ``(c) Implementation.--In order to implement this section, funds 
made available under section 1701(c) may be used by a State for release 
time for teachers and administrators, travel, training, and other 
related costs.
    ``(d) Alternatives.--
            ``(1) In general.--The State may devise alternative or 
        additional approaches to providing the assistance described in 
        paragraphs (1) and (3) of subsection (b), such as providing 
        assistance through institutions of higher education and 
        educational service agencies or other local consortia and may 
        use funds authorized in section 1701(c) for such approaches.
            ``(2) Inapplicability.--Paragraphs (1) and (3) of 
        subsection (b) shall not apply to a State educational agency if 
        such agency determines that a local educational agency or 
        school is receiving adequate technical assistance from a source 
        other than the State educational agency.

``SEC. 1120. FISCAL REQUIREMENTS.

    ``(a) Maintenance of Effort.--A local educational agency may 
receive funds under this part for any fiscal year only if the State 
educational agency finds that the local educational agency has 
maintained its fiscal effort in accordance with section 10501 of this 
Act.
    ``(b) Federal Funds To Supplement, Not Supplant, Non-Federal 
Funds.--
            ``(1) In general.--(A) Except as provided in subparagraph 
        (B), a State or local educational agency shall use funds 
        received under this part only to supplement the amount of funds 
        that would, in the absence of such Federal funds, be made 
        available from non-Federal sources for the education of pupils 
        participating in programs assisted under this part, and not to 
        supplant such funds.
            ``(B) For the purpose of complying with subparagraph (A), a 
        State or local educational agency may exclude supplemental 
        State and local funds expended in any eligible school 
        attendance area or school for programs that meet the 
        requirements of section 1114 or 1115.
            ``(2) Special rule.--No local educational agency shall be 
        required to provide services under this part through a 
        particular instructional method or in a particular 
        instructional setting in order to demonstrate such agency's 
        compliance with paragraph (1).
    ``(c) Comparability of Services.--
            ``(1) In general.--(A) Except as provided in paragraphs (4) 
        and (5), a local educational agency may receive funds under 
        this part only if State and local funds will be used in schools 
        served under this part to provide services that, taken as a 
        whole, are at least comparable to services in schools that are 
        not receiving funds under this part.
            ``(B) If the local educational agency is serving all of 
        such agency's schools under this part, such agency may receive 
        funds under this part only if such agency will use State and 
        local funds to provide services that, taken as a whole, are 
        substantially comparable in each school.
            ``(C) A local educational agency may meet the requirements 
        of subparagraphs (A) and (B) on a grade-span by grade-span 
        basis or a school-by-school basis.
            ``(2) Written assurance.--(A) A local educational agency 
        shall be considered to have met the requirements of paragraph 
        (1) if such agency has filed with the State educational agency 
        a written assurance that such agency has established and 
        implemented--
                    ``(i) a local educational agency-wide salary 
                schedule;
                    ``(ii) a policy to ensure equivalence among schools 
                in teachers, administrators, and other staff; and
                    ``(iii) a policy to ensure equivalence among 
                schools in the provision of curriculum materials and 
                instructional supplies.
            ``(B) Unpredictable changes in student enrollment or 
        personnel assignments which occur after the beginning of a 
        school year shall not be included as a factor in determining 
        comparability of services.
            ``(C) A local educational agency need not include 
        unpredictable changes in student enrollment or personnel 
        assignments that occur after the beginning of a school year in 
        determining comparability of services under this subsection.
            ``(3) Procedures and records.--Each local educational 
        agency shall--
                    ``(A) develop procedures for compliance with this 
                subsection; and
                    ``(B) maintain records that are updated biennially 
                documenting such agency's compliance with this 
                subsection.
            ``(4) Inapplicability.--This subsection shall not apply to 
        a local educational agency that does not have more than one 
        building for each grade span.
            ``(5) Compliance.--For the purpose of determining 
        compliance with paragraph (1), a local educational agency may 
        exclude State and local funds expended for--
                    ``(A) bilingual education for children of limited-
                English proficiency; and
                    ``(B) excessive costs of providing services to 
                children with disabilities as determined by the local 
                educational agency.

                        ``Subpart 2--Allocations

``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE 
              INTERIOR.

    ``(a) Reservation of Funds.--From the amount appropriated for 
payments to States for any fiscal year under section 1002(a), the 
Secretary shall reserve a total of 1 percent to provide assistance to--
            ``(1) the outlying areas on the basis of their respective 
        need for such assistance according to such criteria as the 
        Secretary determines will best carry out the purpose of this 
        part; and
            ``(2) the Secretary of the Interior in the amount necessary 
        to make payments pursuant to subsection (c).
    ``(b) Assistance to the Outlying Areas.--
            ``(1) In general.--From amounts made available under 
        subsection (a)(1) in each fiscal year the Secretary shall make 
        grants to local educational agencies in the outlying areas in 
        accordance with recommendations from the Pacific Regional 
        Educational Laboratory which shall conduct a competition for 
        such grants.
            ``(2) Administrative costs.--The Secretary shall provide 5 
        percent of amounts made available for grants under this 
        paragraph in each fiscal year to the Pacific Regional 
        Educational Laboratory to pay the administrative costs of such 
        laboratory with respect to the activities under this 
        subsection.
    ``(c) Allotment to the Secretary of the Interior.--
            ``(1) In general.--The amount allotted for payments to the 
        Secretary of the Interior under subsection (a)(2) for any 
        fiscal year shall be, as determined pursuant to criteria 
        established by the Secretary, the amount necessary to meet the 
        special educational needs of--
                    ``(A) Indian children on reservations served by 
                elementary and secondary schools for Indian children 
                operated or supported by the Department of the 
                Interior; and
                    ``(B) out-of-State Indian children in elementary 
                and secondary schools in local educational agencies 
                under special contracts with the Department of the 
                Interior.
            ``(2) Payments.--From the amount allotted for payments to 
        the Secretary of the Interior under subsection (a)(2), the 
        Secretary of the Interior shall make payments to local 
        educational agencies, upon such terms as the Secretary 
        determines will best carry out the purposes of this part, with 
        respect to out-of-State Indian children described in paragraph 
        (1). The amount of such payment may not exceed, for each such 
        child, the greater of--
                    ``(A) 40 percent of the average per pupil 
                expenditure in the State in which the agency is 
                located; or
                    ``(B) 46 percent of such expenditure in the United 
                States.

``SEC. 1122. ALLOCATIONS TO STATES.

    ``(a) Adjustments Where Necessitated by Appropriations.--
            ``(1) In general.--If the sums made available under this 
        part for any fiscal year are insufficient to pay the full 
        amounts that all local educational agencies in all States are 
        eligible to receive under section 1123 for such year, the 
        Secretary first shall ratably reduce the allocations to such 
        local educational agencies for such year.
            ``(2) Additional funds.--If additional funds become 
        available for making payments under section 1123 for such 
        fiscal year, allocations that were reduced under paragraph (1) 
        shall be increased on the same basis as such allocations were 
        reduced.
    ``(b) Hold-Harmless Amounts.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        total amount made available to each State under section 1123--
                    ``(A) for fiscal year 1995, shall not be less than 
                100 percent of the total amount such State received 
                under sections 1005 and 1006 (as such sections were in 
                existence on the day preceding the date of enactment of 
                the Improving America's Schools Act of 1994) for fiscal 
                year 1994;
                    ``(B) for fiscal year 1996, shall not be less than 
                90 percent of the total amount such State received 
                under section 1123 for fiscal year 1995; and
                    ``(C) for fiscal year 1997 and each succeeding 
                fiscal year, shall not be less than 85 percent of the 
                total amount such State received in the fiscal year 
                preceding the fiscal year for which the determination 
                is made.
            ``(2) Ratable Reductions.--(A) If the sums made available 
        under this part for any fiscal year are insufficient to pay the 
        full amounts that all States are eligible to receive under 
        paragraph (1) for such year, the Secretary shall ratably reduce 
        such amounts for such year.
            ``(B) If additional funds become available for making 
        payments under paragraph (1) for such fiscal year, amounts that 
        were reduced under subparagraph (A) shall be increased on the 
        same basis as such amounts reduced.
    ``(c) Definition.--For the purpose of this section and section 
1123, the term State means each of the 50 States, the District of 
Columbia, and the Commonwealth of Puerto Rico.

``SEC. 1123. GRANTS TO STATES.

    ``(a) Amount of Grants.--
            ``(1) In general.--(A) In any case in which the Secretary 
        determines that satisfactory data for local educational 
        agencies are available to carry out determinations under 
        paragraph (2), the grant which a State is eligible to receive 
        under this subpart for a fiscal year shall be the aggregate 
        amount of grants for all local educational agencies in that 
        State, as determined under paragraph (2).
            ``(B) In any case in which the Secretary determines that 
        satisfactory data for local educational agencies are not 
        available to carry out determinations under paragraph (2), the 
        grant which a State is eligible to receive for a fiscal year 
        shall be the aggregate amounts of grants for all counties in 
        that State, as determined under paragraph (2).
            ``(2) Grants for states.--(A)(i) The grant for a local 
        educational agency shall be determined by multiplying the 
        number of children determined under subsection (c)(2) by 40 
        percent of the amount determined under the next sentence, 
        multiplying such product by the effort factor described in 
        clause (ii) and multiplying such product by the equity factor 
        described in clause (iii). The amount determined under this 
        sentence shall be the average per pupil expenditure in the 
        State except that (I) if the average per pupil expenditure in 
        the State is less than 85 percent of the average per pupil 
        expenditure in the United States, such amount shall be 85 
        percent of the average per pupil expenditure in the United 
        States, or (II) if the average per pupil expenditure in the 
        State is more than 115 percent of the average per pupil 
        expenditure in the United States, such amount shall be 115 
        percent of the average per pupil expenditure in the United 
        States.
            ``(ii)(I) Except as provided in subclause (II), the effort 
        factor for a local educational agency shall be determined in 
        accordance with the succeeding sentence, except that such 
        factor shall not be less than .95 nor more than 1.05. The 
        effort factor determined under this sentence shall be a 
        fraction the numerator of which is the product of the average 
        per pupil expenditure for kindergarten through 12th grade 
        education in the State served by the local educational agency 
        multiplied by the per capita income in the United States and 
        the denominator of which is the product of the per capita 
        income in such State multiplied by the average per pupil 
        expenditure for kindergarten through 12th grade education in 
        the United States.
            ``(II) The effort factor for the Commonwealth of Puerto 
        Rico shall be equal to the lowest effort factor calculated 
        under subclause (I) for any State.
            ``(iii)(I) Except as provided in subclause (II), the 
        equalization factor for a local educational agency shall be 
        determined in accordance with the succeeding sentence. The 
        equalization factor determined under this sentence shall be 
        calculated as follows: First, calculate the difference 
        (expressed as a positive amount) between the average per pupil 
        expenditure in the State served by the local educational agency 
        and the average per pupil expenditure in each local educational 
        agency in the State and multiply such difference by the total 
        student enrollment for such agency, except that children from 
        low-income families shall be multiplied by a factor of 1.4 to 
        calculate such enrollment. Second, add the products under the 
        preceding sentence for each local educational agency in such 
        State and divide such sum by the total student enrollment of 
        such State, except that children from low-income families shall 
        be multiplied by a factor of 1.4 to calculate such enrollment. 
        Third, divide the quotient under the preceding sentence by the 
        average per pupil expenditure in such State. The equalization 
        factor shall be equal to 1 minus the amount determined in the 
        previous sentence.
            ``(II) The equalization factor for a local educational 
        agency serving a State that meets the disparity standard 
        described in section 222.63 of title 34, Code of Federal 
        Regulations (as such section was in effect on the day preceding 
        the date of enactment of the Improving America's Schools Act of 
        1994) shall have a maximum coefficient of variation of .10.
            ``(iv) Special rule.--Notwithstanding the provisions of 
        section 1122(b)--
                    ``(I) For fiscal year 1995, no State's allocation 
                shall be increased by an amount greater than 2 percent 
                or reduced by an amount greater than 2 percent of the 
                amount to which it would otherwise be entitled when the 
                provisions of clause (iii) are multiplied according to 
                the provisions of paragraph (2) of this section.
                    ``(II) For fiscal year 1996, no State's allocation 
                shall be increased by an amount greater than 4 percent 
                or reduced by an amount greater than 4 percent of the 
                amount to which it would otherwise be entitled when the 
                provisions of clause (iii) are multiplied according to 
                the provisions of paragraph (2) of this section.
                    ``(III) For fiscal year 1997, no State's allocation 
                shall be increased by an amount greater than 6 percent 
                or reduced by an amount greater than 6 percent of the 
                amount to which it would otherwise be entitled when the 
                provisions of clause (iii) are multiplied according to 
                the provisions of paragraph (2) of this section.
            ``(B) For each fiscal year, the Secretary shall determine 
        the percentage which the average per pupil expenditure in the 
        Commonwealth of Puerto Rico is of the lowest average per pupil 
        expenditure of any of the 50 States. The grant which the 
        Commonwealth of Puerto Rico shall be eligible to receive under 
        this subpart for a fiscal year shall be determined by 
        multiplying the product of the effort factor for the 
        Commonwealth of Puerto Rico under subparagraph (A)(ii)(II) for 
        such year multiplied by the equity factor for the Commonwealth 
        of Puerto Rico under subparagraph (A)(iii)(II)(aa) for such 
        year by the amount arrived at by multiplying the number of 
        children counted under subsection (c) for the Commonwealth of 
        Puerto Rico by the product of--
                    ``(i) the percentage determined under the preceding 
                sentence for such year; and
                    ``(ii) 34 percent of the average per pupil 
                expenditure in the United States for such year.
    ``(b) Minimum Number of Children To Qualify.--The children served 
by a local educational agency shall be counted for a fiscal year under 
this subpart only if such agency meets the following requirements with 
respect to the number of children counted under subsection (c)(1):
            ``(1) In any case (except as provided in paragraph (3)) in 
        which the Secretary determines that satisfactory data for the 
        purpose of this subsection as to the number of such children 
        are available on a school district basis, the number of such 
        children in the school district of such local educational 
        agency shall be at least 10.
            ``(2) In any other case, except as provided in paragraph 
        (3), the number of such children in the county which includes 
        such local educational agency's school district shall be at 
        least 10.
            ``(3) In any case in which a county includes a part of the 
        school district of the local educational agency concerned and 
        the Secretary has not determined that satisfactory data for the 
        purpose of this subsection are available on a school district 
        basis for all the local educational agencies or all the 
        counties into which the school district of the local 
        educational agency concerned extends, the eligibility 
        requirement with respect to the number of such children for 
        such local educational agency shall be determined in accordance 
        with regulations prescribed by the Secretary for the purposes 
        of this subsection.
    ``(c) Determination of Weighted Number of Children.--
            ``(1) Children to be counted.--(A) The number of children 
        to be counted for purposes of this section is the aggregate 
        of--
                    ``(i) the number of children aged 5 to 17, 
                inclusive, in the school district of the local 
                educational agency from families below the poverty 
                level; and
                    ``(ii) the number of children aged 5 to 17, 
                inclusive, in the school district of such agency living 
                in institutions for neglected or delinquent children 
                (other than such institutions operated by the United 
                States) but not counted pursuant to subpart 3 of part E 
                for the purposes of a grant to a State agency, or being 
                supported in foster homes with public funds.
            ``(B) For the purposes of this section, the Secretary shall 
        determine the number of children counted under subparagraph (A) 
        on the basis of the most recent satisfactory data available 
        from the Department of Commerce for local educational agencies 
        (or, if such data are not available for such agencies, for 
        counties); and in determining the families which are below the 
        poverty level, the Secretary shall utilize the criteria of 
        poverty used by the Bureau of the Census in compiling the most 
        recent decennial census.
            ``(2) Determination of number of children.--(A) The number 
        of children to be determined for purposes of this paragraph 
        shall be the number of children counted under paragraph (1) 
        multiplied by the weighting factor for the local educational 
        agency. The weighting factor shall be established on the basis 
        of the percentage that the number of children counted under 
        paragraph (1) represents of the total population aged 5 to 17, 
        inclusive, in the local educational agency or the number of 
        such children. Weighted pupil counts shall be calculated based 
        upon both percentage and number and the larger of the two 
        counts shall be used in calculating grants for each local 
        educational agency. Except as provided in subparagraph (B), 
        weighting factors shall be assigned according to the following 
        scale: if the percentage is greater than 0 but less than 12.20, 
        the weighting factor shall be 1.00 for all children counted 
        under paragraph (1); if the percentage is greater than 12.20 
        but less than 17.70, the weighting factor shall be 1.00 for a 
        number of children counted under paragraph (1) equal to 12.20 
        percent of the total school age population and 1.10 for 
        children counted under paragraph (1) in excess of 12.20 percent 
        of the total school age population; if the percentage is 
        greater than 17.70 percent but less than 22.80 percent, then 
        the weighting factor shall be 1.00 for a number of children 
        counted under paragraph (1) equal to 12.20 percent of the total 
        school age population, 1.10 for a number of children counted 
        under paragraph (1) equal to 5.50 percent of the total school 
        age population, and 1.20 for children counted under paragraph 
        (1) in excess of 17.70 percent of the total school age 
        population; if the percentage is greater than 22.80 percent but 
        less than 29.70 percent, then the weighting factor shall be 
        1.00 for a number of children counted under paragraph (1) equal 
        to 12.20 percent of the total school age population, 1.10 for a 
        number of children counted under paragraph (1) equal to 5.50 
        percent of the total school age population, 1.20 for a number 
        of children counted under paragraph (1) equal to 5.10 percent 
        of the total school age population, and 1.30 for children 
        counted under paragraph (1) in excess of 22.80 percent of the 
        total school age population; and if the percentage is greater 
        than 29.70, then the weighting factor shall be 1.00 for a 
        number of children counted under paragraph (1) equal to 12.20 
        percent of the total school age population, 1.10 for a number 
        of children counted under paragraph (1) equal to 5.50 percent 
        of the total school age population, 1.20 for a number of 
        children counted under paragraph (1) equal to 5.10 percent of 
        the total school age population, 1.30 for a number of children 
        counted under paragraph (1) equal to 6.90 percent of the total 
        school age population, and 1.40 for children counted under 
        paragraph (1) in excess of 29.70 percent of the total school 
        age population. Separately, if the number of children counted 
        under paragraph (1) is greater than 0 but less than 1917, the 
        weighting factor shall be 1.00 for all children counted under 
        paragraph (1); if the number is greater than 1917 but less than 
        5,938, the weighting factor shall be 1.00 for a number of 
        children counted under paragraph (1) equal to 1917, and 1.075 
        for children counted under paragraph (1) in excess of 1917; if 
        the number is greater than 5,938 but less than 20,199, then the 
        weighting factor shall be 1.00 for a number of children counted 
        under paragraph (1) equal to 1917, 1.075 for a number of 
        children counted under paragraph (1) equal to 4,021, and 1.150 
        for children counted under paragraph (1) in excess of 5,938; if 
        the number is greater than 20,199 but less than 77,999 then the 
        weighting factor shall be 1.00 for a number of children counted 
        under paragraph (1) equal to 1917, 1.075 for a number of 
        children counted under paragraph (1) equal to 4,021, 1.150 for 
        a number of children counted under paragraph (1) equal to 
        14,261, and 1.225 for children counted under paragraph (1) in 
        excess of 20,199; and if the number is greater than 77,999, 
        then the weighting factor shall be 1.00 for a number of 
        children counted under paragraph (1) equal to 1917, 1.075 for a 
        number of children counted under paragraph (1) equal to 4,021, 
        1.150 for a number of children counted under paragraph (1) 
        equal to 14,261, 1.225 for a number of children counted under 
        paragraph (1) equal to 57,800 and 1.30 for children counted 
        under paragraph (1) in excess of 77,999. For the Commonwealth 
        of Puerto Rico, the weighting factor shall be not greater than 
        1.15.
            ``(B) If the Secretary determines that satisfactory data 
        for local educational agencies are available to carry out 
        determinations under section 1123(a)(2), then the Secretary 
        shall substitute the percentages, numbers, and quintiles 
        described in section 1124(b)(3) for the percentages, numbers, 
        and quintiles described in subparagraph (A).
    ``(d) State Minimum.--
            ``(1) Minimum.--Notwithstanding subsections (a)(2)(A)(iv) 
        and (e), for any fiscal year the aggregate amount allotted for 
        all local educational agencies within a State may not be less 
        than one-quarter of 1 percent of the total amount available for 
        such fiscal year under this section.
            ``(2) Special rule.--Notwithstanding subsections 
        (a)(2)(A)(iv) and (e), a State shall not be allotted in any 
        fiscal year less than 125 percent of the amount that the State 
        would have received under this section in such fiscal year if 
        the provisions of paragraph (1) were not applied.
    ``(e) Special Rule.--No State shall receive a grant under this 
section for fiscal year 1995 in an amount that exceeds 115 percent of 
the amount that would have been allocated to such State for such fiscal 
year under subpart 1 of part A of chapter 1 of title I (as such subpart 
was in effect on the day preceding the date of enactment of the 
Improving America's Schools Act of 1994).

``SEC. 1124. WITHIN STATE ALLOCATIONS.

    ``(a) In General.--
            ``(1) Eligibility.--No local educational agency shall be 
        eligible for funds under this part unless the number of 
        children counted under subsection (b)(1) for such agency is at 
        least 10 and equal to 5 percent or greater of the number of all 
        children served by such agency.
            ``(2) Hold harmless.--(A) Except as provided in 
        subparagraph (B), each local educational agency shall receive 
        an amount under this part for fiscal years 1995 and 1996 that 
        is at least equal to 85 percent of the amount such agency 
        received under this part (or for fiscal year 1994 only, such 
        part's predecessor authority) in the preceding fiscal year, 
        except that if such agency is not eligible for assistance under 
        paragraph (1) such agency shall only receive the amount 
        provided for under this paragraph for fiscal year 1995.
            ``(B)(i) If the sums made available under this part for any 
        fiscal year are insufficient to pay the full amounts that all 
        local educational agencies in all States are eligible to 
        receive under subparagraph (A) for such year, the State 
        educational agency shall ratably reduce the allocations to such 
        local educational agencies for such year.
            ``(ii) If additional funds become available for making 
        payments under subparagraph (A) for such fiscal year, 
        allocations that were reduced under subparagraph (A) shall be 
        increased on the same basis as such allocations were reduced.
            ``(3) State reserve.--(A) For each fiscal year each State 
        may reserve not more than 2 percent of the funds such State 
        receives to carry out this part to award grants to local 
        educational agencies that--
                    ``(i) are not eligible for assistance under 
                paragraph (1); and
                    ``(ii) serve a school attendance area for which the 
                percentage of children counted under subsection (b)(1) 
                that are enrolled in the schools in such area exceeds--
                            ``(I) the percentage of such children in 
                        the State; or
                            ``(II) 25 percent.
            ``(B) The total amount of funds awarded to each local 
        educational agency receiving a grant under this paragraph when 
        added to funds made available under paragraph (2) shall not 
        exceed--
                    ``(i) for fiscal year 1995, the amount such agency 
                received under this part's predecessor authority in the 
                preceding fiscal year; and
                    ``(ii) for fiscal year 1996 and each succeeding 
                fiscal year, the average amount received per child 
                under this part in the State multiplied by the number 
                of children counted under subsection (b)(1) in such 
                agency's school attendance areas described in 
                subparagraph (A)(ii).
            ``(C) Each State awarding grants under this paragraph shall 
        distribute such grants to local educational agencies in rank 
        order based on the percentage of children from low-income 
        families in each local educational agency's school attendance 
        area described in subparagraph (A)(ii).
            ``(D) Each local educational agency receiving a grant under 
        this paragraph only shall use such grants funds to serve school 
        attendance areas described in subparagraph (A)(ii).
            ``(E) In order to receive a grant under this paragraph a 
        local educational agency shall provide an assurance to the 
        State educational agency serving such local educational agency 
        that such local educational agency has not modified the student 
        assignment practices of such local educational agency so as to 
        increase the percentage of children from low-income families in 
        each school for which assistance is sought under this 
        paragraph.
    ``(b) Local Educational Agency Allocations.--
            ``(1) Children to be counted.--(A) The number of children 
        counted for purposes of this section is the aggregate of--
                    ``(i) the number of children aged 5 to 17, 
                inclusive, in the school district of the local 
                educational agency from families below the poverty 
                level; and
                    ``(ii) the number of children aged 5 to 17, 
                inclusive, in the school district of such agency living 
                in institutions for neglected or delinquent children 
                (other than such institutions operated by the United 
                States) but not counted pursuant to subpart 3 of part E 
                for the purposes of a grant to a State agency, or being 
                supported in foster homes with public funds.
            ``(B) In determining the number of children eligible to be 
        counted under subparagraph (A), a State educational agency 
        shall use for each local educational agency served by such 
        State educational agency--
                    ``(i) data from the Bureau of the Census regarding 
                the number of children determined in accordance with 
                section 1123(c)(1)(B);
                    ``(ii) data based on the sum of--
                            ``(I) the number of children from families 
                        receiving aid to families with dependent 
                        children under part A of title IV of the Social 
                        Security Act; and
                            ``(II) the number of children with limited-
                        English proficiency served by such agency 
                        divided by three; or
                    ``(iii) data based on other poverty criteria, 
                including combinations of the data described in clauses 
                (i) and (ii) and combinations of the data described in 
                either such clause and other data, that the State 
                educational agency deems appropriate and the Secretary 
                approves, adjusted to be equivalent in proportion to 
                the number of children determined in accordance with 
                section 1123(c)(1)(B) in the State, except that the 
                State educational agency may submit to the Secretary 
                for approval alternative data that more accurately 
                target poverty.
            ``(2) Absorption.--In determining the number of children to 
        be counted under this paragraph for each local educational 
        agency, the State educational agency shall subtract 1 percent 
        of the total number of children aged 5 to 17, inclusive, served 
        by such local educational agency from the number of children 
        counted under paragraph (1) for such local educational agency.
            ``(3) Weighted children.--From funds made available under 
        section 1123, each State educational agency shall allocate such 
        funds to local educational agencies in the State on the basis 
        of the number of children counted under paragraph (2) for a 
        local educational agency multiplied by the weighting factor for 
        the local educational agency. The weighting factor shall be 
        established on the basis of the percentage that the number of 
        children counted under paragraph (2) represents of the total 
        population aged 5 to 17, inclusive, in the local educational 
        agency or the number of such children. Weighted pupil counts 
        shall be calculated based upon both percentage and number and 
        the larger of the two counts shall be used in calculating 
        grants for each local educational agency. Weighting factors 
        shall be assigned according to the following scale, except that 
        a State educational agency may submit to the Secretary for 
        approval State-specific quintiles for use in the following 
        percentages or numbers for the State if the use of such 
        quintiles more accurately targets poverty: if the percentage is 
        greater than 0 but less than 14.265, the weighting factor shall 
        be 1.00 for all children counted under paragraph (2); if the 
        percentage is greater than 14.265 but less than 21.553, the 
        weighting factor shall be 1.00 for a number of children counted 
        under paragraph (2) equal to 14.265 percent of the total school 
        age population and 1.150 for children counted under paragraph 
        (2) in excess of 14.265 percent of the total school age 
        population; if the percentage is greater than 21.553 percent 
        but less than 29.223 percent, then the weighting factor shall 
        be 1.00 for a number of children counted under paragraph (2) 
        equal to 14.265 percent of the total school age population, 
        1.150 for a number of children counted under paragraph (2) 
        equal to 7.288 percent of the total school age population, and 
        1.300 for children counted under paragraph (2) in excess of 
        21.553 percent of the total school age population; if the 
        percentage is greater than 29.223 percent but less than 36.538 
        percent, then the weighting factor shall be 1.00 for a number 
        of children counted under paragraph (2) equal to 14.265 percent 
        of the total school age population, 1.150 for a number of 
        children counted under paragraph (2) equal to 7.288 percent of 
        the total school age population, 1.30 for a number of children 
        counted under paragraph (2) equal to 7.67 percent of the total 
        school age population, and 1.450 for children counted under 
        paragraph (2) in excess of 29.223 percent of the total school 
        age population; and if the percentage is greater than 36.538, 
        then the weighting factor shall be 1.00 for a number of 
        children counted under paragraph (2) equal to 14.265 percent of 
        the total school age population, 1.150 for a number of children 
        counted under paragraph (2) equal to 7.288 percent of the total 
        school age population, 1.300 for a number of children counted 
        under paragraph (2) equal to 7.67 percent of the total school 
        age population, 1.450 for a number of children counted under 
        paragraph (2) equal to 7.315 percent of the total school age 
        population, and 1.600 for children counted under paragraph (2) 
        in excess of 36.538 percent of the total school age population. 
        Separately, if the number of children counted under paragraph 
        (2) is greater than 0 but less than 575, the weighting factor 
        shall be 1.00 for all children counted under paragraph (2); if 
        the number is greater than 575 but less than 1,870, the 
        weighting factor shall be 1.00 for a number of children counted 
        under paragraph (2) equal to 575, and 1.10 for children counted 
        under paragraph (2) in excess of 575; if the number is greater 
        than 1,870 but less than 6,910, then the weighting factor shall 
        be 1.00 for a number of children counted under paragraph (2) 
        equal to 575, 1.10 for a number of children counted under 
        paragraph (2) equal to 1,295, and 1.20 for children counted 
        under paragraph (2) in excess of 1,870; if the number is 
        greater than 6,910 but less than 42,000 then the weighting 
        factor shall be 1.00 for a number of children counted under 
        paragraph (2) equal to 575, 1.10 for a number of children 
        counted under paragraph (2) equal to 1,295, 1.20 for a number 
        of children counted under paragraph (2) equal to 5,040, and 
        1.30 for children counted under paragraph (2) in excess of 
        6,910; and if the number is greater than 42,000, then the 
        weighting factor shall be 1.00 for a number of children counted 
        under paragraph (2) equal to 575, 1.10 for a number of children 
        counted under paragraph (2) equal to 1,295, 1.20 for a number 
        of children counted under paragraph (2) equal to 5,040, 1.30 
        for a number of children counted under paragraph (2) equal to 
        35,090 and 1.40 for children counted under paragraph (2) in 
        excess of 42,000.
            ``(4) Geographic circumstances.--In the case of local 
        educational agencies which serve in whole or in part the same 
        geographical area, and in the case of a local educational 
        agency which provides free public education for a substantial 
        number of children who reside in the school district of another 
        local educational agency, the State educational agency may 
        allocate the amount of the grants for those local educational 
        agencies among those local educational agencies in such manner 
        as the State educational agency determines will best carry out 
        the purposes of this part.
            ``(5) Special allocation procedures.--Upon determination by 
        the State educational agency that a local educational agency in 
        the State is unable or unwilling to provide for the special 
        educational needs of children described in clause (ii) of 
        section 1123(c)(1)(A), who are living in institutions for 
        neglected or delinquent children, the State educational agency 
        shall, if the State educational agency assumes responsibility 
        for the special educational needs of such children, be eligible 
        to receive the portion of the allocation to such local 
        educational agency which is attributable to such neglected or 
        delinquent children, but if the State educational agency does 
        not assume such responsibility, any other State or local public 
        agency, as determined by regulations established by the 
        Secretary, which does assume such responsibility, shall be 
        eligible to receive such portion of the allocation.
            ``(6) Special rule.--A local educational agency may reserve 
        not more than 2 percent of the funds such agency receives under 
        this part for each fiscal year to provide services at the 
        discretion of the highest administrative official 
        (superintendent) of such agency and consistent with the 
        purposes of this title to a school, if the school is within two 
        rank orders described in section 1113(c) of the lowest such 
        rank ordered school served under this part.

                    ``PART B--TRANSITION TO SUCCESS

``SEC. 1201. TRANSITION TO SUCCESS.

    ``(a) Short Title.--This part may be cited as the `Transitions to 
Success Act of 1994'.
    ``(b) Transition to Success Challenge Grants.--
            ``(1) Funding.--(A) Notwithstanding any other provision of 
        law, from amounts appropriated to carry out part A for each 
        fiscal year the Secretary shall reserve 1 percent of the total 
        amount made available to all States under such part for such 
        fiscal year, to carry out this part for such year.
            ``(B) From amounts reserved under subparagraph (A) the 
        Secretary shall make available to each State 1 percent of the 
        amount made available to each State under part A, to carry out 
        this part.
            ``(2) State incentive requirements.--(A) In order for a 
        State to use the funds made available under paragraph (1), the 
        State shall submit a transition coordinated services proposal 
        to the Secretary as part of the plan submitted under section 
        1111.
            ``(B) If a State fails to submit an acceptable proposal 
        described in subparagraph (A)(i), local educational agencies 
        within the State may apply to the Secretary directly for funds 
        to carry out this part under such terms and conditions as the 
        Secretary determines will best carry out the activities 
        assisted under this part.
            ``(3) In general.--From amounts made available under 
        paragraph (1), each State educational agency shall make 
        challenge grants to local educational agencies that have formed 
        consortia with early childhood development programs including, 
        where available, Head Start, to develop and operate programs 
        that assist low-income elementary school students in 
        kindergarten through third grade (giving priority to students 
        entering their first year of elementary school) and their 
        families in--
                    ``(A) obtaining supportive services that build on 
                the strength of families, including health, 
                immunization, mental health, nutrition, parenting 
                education, literacy, and social services (including 
                substance abuse treatment, education, and prevention 
                services); and
                    ``(B) supporting the active involvement of parents 
                in the education of their children.
            ``(4) Special rule.--In awarding grants and administering 
        the program assisted under this section, the State educational 
        agency shall consult with the State liaison for the Head Start 
        collaboration grant program under section 640(a)(5) of the Head 
        Start Act and State agencies that administer early childhood 
        development programs, including programs under the Child Care 
        and Development Block Grant Act of 1990.
            ``(5) Term of grant.--Each grant awarded under this part 
        shall be for a period of not more than 3 years.
    ``(c) Consultation.--The Secretary shall consult with the Secretary 
of Health and Human Services to develop regulations and promote 
coordination of activities assisted under this part with the projects 
funded under the Head Start Transition Project Act, including a process 
to--
            ``(1) collect information on program activities and 
        outcomes; and
            ``(2) disseminate information on model programs.
    ``(d) Eligibility.--
            ``(1) Local educational agency consortium.--A local 
        educational agency shall be eligible for a grant under this 
        part if such agency--
                    ``(A) receives funds under part A;
                    ``(B) has formed a consortium with one or more 
                early childhood development programs that serve 
                children who will enroll in any elementary school 
                located within the school district of such local 
                educational agency, including, where available, Head 
                Start programs; and
                    ``(C) agrees to contribute an amount equal to $1 of 
                matching funds for every $1 made available to the local 
                educational agency to carry out this part, which 
                matching funds may include Federal funds, including 
                funds made available under this Act, and State or local 
                funds (including in-kind contributions, fairly 
                evaluated).
            ``(2) Cooperating agency.--A nonprofit agency or 
        institution of higher education with experience in early 
        childhood development may participate in a consortium formed 
        under paragraph (1)(B) in developing, operating, and evaluating 
        programs assisted under this part, including developing or 
        implementing model approaches to developmentally appropriate 
        curricula.
    ``(e) Follow Through Grantees.--A local educational agency that is 
receiving assistance through a program under the Follow Through Act 
shall also be eligible for a grant under this part to complete their 
Follow Through grant cycle if such agency meets the requirements of 
subsection (d)(1).
    ``(f) Requirements.--
            ``(1) In general.--To the extent practicable, the State 
        educational agency shall award grants under this part to 
        consortia in both rural and urban areas.
            ``(2) Criteria.--In awarding grants under this part, the 
        State educational agency shall consider--
                    ``(A) the commitment of the members of the 
                consortium to the program for which assistance under 
                this part is requested;
                    ``(B) the proportion of low-income children in the 
                school attendance area where the program assisted under 
                this part will be located; and
                    ``(C) the quality of information and plans in the 
                application.
            ``(3) Priority.--In awarding grants under this part, the 
        State educational agency shall give priority to applicants 
        that--
                    ``(A) will operate a program under this part at a 
                school designated for a schoolwide program under 
                section 1114;
                    ``(B) serve local educational agencies that have 
                the highest number or percentage of poor children; and
                    ``(C) demonstrate a significant commitment by the 
                community to the proposed program, as evidenced by the 
                level of resources, both cash and in-kind, from other 
                public and private sources available to the consortium.
    ``(g) Application.--
            ``(1) In general.--Each local educational agency consortium 
        seeking a grant under this part shall submit an application to 
        the State educational agency according to guidelines 
        established by the Secretary. Each such application shall 
        include--
                    ``(A) a description of the activities and services 
                for which assistance is sought;
                    ``(B) a description of members of the consortium 
                formed under subsection (d)(1)(B), including any 
                cooperating agency;
                    ``(C) a self-assessment of the programs of the 
                individual consortium members to address the health, 
                immunization, mental health, nutrition, parenting 
                education, literacy, social service (including 
                substance abuse treatment, education, and prevention), 
                and educational needs of low-income students and their 
                families, including the use of a developmentally 
                appropriate curricula, such as a model approach 
                developed under the Follow Through Act;
                    ``(D) a plan for the development of a supportive 
                services team of family service coordinators to--
                            ``(i) assist families, administrators, and 
                        teachers to respond to health, immunization, 
                        mental health, nutrition, social service, and 
                        educational needs of students;
                            ``(ii) conduct home visits and help 
                        students and their families to obtain health, 
                        immunization, mental health, nutrition, 
                        parenting education, literacy, education 
                        (including tutoring and remedial services), and 
                        social services (including substance abuse 
                        treatment, education, and prevention), for 
                        which such students and their families are 
                        eligible;
                            ``(iii) coordinate a family outreach and 
                        support program, including a plan for involving 
                        parents in the management of the program 
                        assisted under this part, in cooperation with 
                        parental involvement efforts undertaken 
                        pursuant to this title, the Head Start Act, and 
                        the Individuals with Disabilities Education 
                        Act, including school-parent compacts, parent 
                        volunteer activities, parent education services 
                        such as the Even Start program, and regular 
                        meetings;
                            ``(iv) assist families, administrators, and 
                        teachers in enhancing developmental continuity 
                        between the programs assisted under the Head 
                        Start Act, other early childhood development 
                        programs, and elementary school classes; and
                            ``(v) prepare a plan for the transition of 
                        each child from Head Start, or other early 
                        childhood development program, to kindergarten, 
                        including--
                                    ``(I) a meeting of the early 
                                childhood development program teacher 
                                with the kindergarten teacher and the 
                                child's parents to discuss the 
                                transition of each child and to address 
                                any particular educational needs of 
                                such child; and
                                    ``(II) the transfer of knowledge 
                                about the child, including the transfer 
                                (with parental consent) of written 
                                records from the early childhood 
                                development program teacher to the 
                                kindergarten teacher to become part of 
                                the school record of the child;
                    ``(E) the designation of a member of the supportive 
                services team described in subparagraph (D) who will 
                serve as the supervisor of such supportive services 
                team;
                    ``(F) assurances that State agencies, local 
                agencies, and community-based organizations that 
                provide supportive services to low-income students 
                served by the local educational agency consortium have 
                been consulted in the preparation of the plan described 
                in subparagraph (D);
                    ``(G) assurances that State agencies, local 
                agencies, and community-based organizations that 
                provide supportive services to low-income students 
                served by the local educational agency consortium will 
                designate an individual who will act as a liaison to 
                the supportive services team described in subparagraph 
                (D);
                    ``(H) a description of the target population to be 
                served by the supportive services team described in 
                subparagraph (D), including families previously served 
                under part C, the Head Start Act, or other comparable 
                early childhood development program;
                    ``(I) a description of the supportive services to 
                be provided, directly or through referral;
                    ``(J) a plan to ensure the smooth transition of 
                children served under part C, the Head Start Act, the 
                Individuals with Disabilities Education Act, and other 
                comparable early childhood development programs, to 
                elementary schools;
                    ``(K) assurances that, and a plan describing how, 
                families will be involved in the design and operation 
                of the program assisted under this part;
                    ``(L) a description of the Federal and non-Federal 
                resources that will be used to carry out the program;
                    ``(M) if the applicant is receiving assistance 
                through a program under the Follow Through Act--
                            ``(i) a description of the activities that 
                        will be funded under this part and the 
                        activities that are funded with assistance 
                        provided under the Follow Through Act; and
                            ``(ii) a description of the manner in which 
                        activities funded under this part and 
                        activities funded with assistance provided 
                        under the Follow Through Act will be 
                        coordinated within the elementary school;
                    ``(N) assurances that the supportive services 
                described in subparagraph (D) will be equipped to 
                assist children and families with limited-English 
                proficiency and disabilities, if appropriate;
                    ``(O) a plan describing how the program assisted 
                under this part will be sustained, with funding 
                received under part A or other Federal and non-Federal 
                funding sources, after the grant has expired;
                    ``(P) program goals and a methodology to measure 
                progress toward achieving such goals; and
                    ``(Q) such other information as the Secretary may 
                reasonably require.
            ``(2) Special rule.--Each supportive services team 
        developed pursuant to paragraph (1)(D) shall include at least 1 
        family service coordinator for every 35 children to be served.
    ``(h) Evaluation and Report.--
            ``(1) Evaluation.--The Secretary, in cooperation with the 
        Secretary of Health and Human Services shall, through grants, 
        contracts, or cooperative agreements, provide for the 
        evaluation of the programs assisted under this part. To the 
        extent practicable, such evaluation shall be conducted jointly 
        with evaluations of the Head Start Transition Projects.
            ``(2) Information.--Each State educational agency shall 
        furnish to the Secretary such information as the Secretary 
        shall request to carry out the evaluation described in 
        paragraph (1).

``SEC. 1202. COORDINATION REQUIREMENTS.

    ``(a) In General.--Each local educational agency receiving 
assistance under section 1113 may use such assistance to carry out the 
activities described in subsection (b) to the extent feasible and 
appropriate to the circumstances, including the extent to which such 
local educational agency is able to secure the cooperation of parents 
and local Head Start agencies and, if feasible, other early childhood 
development programs.
    ``(b) Activities.--The activities referred to in subsection (a) are 
activities that increase coordination between the local educational 
agency and a Head Start agency, and, if feasible, other early childhood 
development programs, serving children who will attend the schools of 
such agency, including--
            ``(1) developing and implementing a systematic procedure 
        for receiving records regarding such children transferred with 
        parental consent from a Head Start program or, where 
        applicable, other early childhood development programs;
            ``(2) establishing channels of communication between school 
        staff and their counterparts in such Head Start agencies 
        (including teachers, social workers, and health staff) or other 
        early childhood development programs, as appropriate, to 
        facilitate coordination of programs;
            ``(3) conducting meetings involving parents, kindergarten 
        or elementary school teachers, and Head Start teachers or, if 
        appropriate, teachers from other early childhood development 
        programs, to discuss the developmental and other needs of 
        individual children; and
            ``(4) organizing and participating in joint transition 
        related training of school staff, Head Start staff, and, where 
        appropriate, other early childhood staff.
    ``(c) Coordination of Regulations.--The Secretary shall work with 
the Secretary of Health and Human Services to coordinate regulations 
promulgated under this part with regulations promulgated under the Head 
Start Act Amendments of 1994.

``SEC. 1203. DEFINITIONS.

    ``As used in this part:
            ``(1) Developmentally appropriate curriculum.--The term 
        `developmentally appropriate curriculum' means a curriculum 
        that is appropriate for the age and all areas of individual 
        development of a child, including educational, physical, 
        emotional, social, and cognitive development, and 
        communication.
            ``(2) Family services coordinator.--The term `family 
        services coordinator' means an individual who is trained to 
        assist families in obtaining supportive services. Such 
        individual may be an existing employee of a local educational 
        agency or Head Start agency.
            ``(3) Head start agency.--The term `Head Start agency' 
        means any agency designated as a Head Start agency under the 
        Head Start Act (42 U.S.C. 9831 et seq.).
            ``(4) Supportive services.--The term `supportive services' 
        means services that will enhance the physical, social, 
        emotional, and intellectual development of low-income children, 
        including the provision of necessary support to the parents and 
        other family members of such children.

             ``PART C--EVEN START FAMILY LITERACY PROGRAMS

``SEC. 1301. STATEMENT OF PURPOSE.

    ``It is the purpose of this part to help break the cycle of poverty 
and illiteracy by improving the educational opportunities of the 
Nation's low-income families by integrating early childhood education, 
adult literacy or adult basic education, and parenting education into a 
unified family literacy program, to be referred to as `Even Start'. The 
program shall--
            ``(1) be implemented through cooperative projects that 
        build on existing community resources to create a new range of 
        services;
            ``(2) promote achievement of the National Education Goals; 
        and
            ``(3) assist children and adults from low-income families 
        to achieve to challenging State content standards and 
        challenging State student performance standards.

``SEC. 1302. PROGRAM AUTHORIZED.

    ``(a) Reservation for Migrant Programs, Outlying Areas, and Indian 
Tribes.--In each fiscal year, the Secretary shall reserve not more than 
5 percent of the amount appropriated under section 1002(b) for 
programs, under such terms and conditions as the Secretary shall 
establish, that are consistent with the purpose of this part, and 
according to their relative needs, for--
            ``(1) children of migratory workers;
            ``(2) the outlying areas; and
            ``(3) Indian tribes and tribal organizations.
    ``(b) Reservation for Federal Activities.--From amounts 
appropriated under section 1002(b), the Secretary may reserve not more 
than 3 percent of such amounts or the amount reserved to carry out the 
activities described in paragraphs (1) and (2) for the fiscal year 
1994, whichever is greater, for purposes of--
            ``(1) carrying out the evaluation required by section 1309; 
        and
            ``(2) providing, through grants or contracts with eligible 
        organizations, technical assistance, program improvement, and 
        replication activities.
    ``(c) Reservation for Grants.--
            ``(1) Grants authorized.--In any fiscal year in which the 
        amount appropriated to carry out this part exceeds the amount 
        appropriated to carry out this part for the preceding fiscal 
        year, the Secretary may reserve such funds in excess of the 
        amount appropriated for such preceding fiscal years as do not 
        exceed $1,000,000 to award grants, on a competitive basis, to 
        States to enable such States to plan and implement, through 
        literacy resource centers assisted under subpart 7 of part B of 
        the Adult Education Act, statewide family literacy initiatives 
        to coordinate and integrate existing Federal, State, and local 
        literacy resources consistent with the purposes of this part.
            ``(2) Matching requirement.--The Secretary shall not make a 
        grant to a State under paragraph (1) unless the State agrees 
        that, with respect to the costs to be incurred by the eligible 
        consortium in carrying out the activities for which the grant 
        was awarded, the State will make available non-Federal 
        contributions in an amount equal to not less than the Federal 
        funds provided under the grant.
    ``(d) State Allocation.--
            ``(1) In general.--From amounts appropriated under section 
        1002(b) and not reserved under subsections (a), (b), and (c), 
        the Secretary shall make grants to States from allocations 
        under paragraph (2).
            ``(2) Allocations.--Except as provided in paragraph (3), 
        from the total amount available for allocation to States in any 
        fiscal year, each State shall be eligible to receive a grant 
        under paragraph (1) in an amount that bears the same ratio to 
        such total amount as the amount allocated under section 1122 to 
        that State bears to the total amount allocated under that 
        section to all the States.
            ``(3) Minimum.--No State shall receive a grant under 
        paragraph (1) in any fiscal year in an amount which is less 
        than $250,000, or one-half of 1 percent of the amount 
        appropriated under section 1002(b) and not reserved under 
        subsections (a), (b), and (c) for such year, whichever is 
        greater.
    ``(e) Definitions.--For the purpose of this part--
            ``(1) the term `eligible entity' means a partnership 
        composed of both--
                    ``(A) a local educational agency; and
                    ``(B) a nonprofit community-based organization, a 
                public agency, an institution of higher education, or a 
                public or private nonprofit organization of 
                demonstrated quality;
            ``(2) the term `eligible organization' means any public or 
        private nonprofit organization with a record of providing 
        effective services to family literacy providers, such as the 
        National Center for Family Literacy, Parents as Teachers, Inc., 
        the Home Instruction Program for Preschool Youngsters, and the 
        Home and School Institute, Inc.;
            ``(3) the terms `Indian tribe' and `tribal organization' 
        have the meanings given such terms in section 4 of the Indian 
        Self-Determination and Education Assistance Act; and
            ``(4) the term `State' includes each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

``SEC. 1303. STATE PROGRAMS.

    ``(a) State Level Activities.--Each State that receives a grant 
under section 1302(d)(1) may use not more than 5 percent of the grant 
funds for the costs of--
            ``(1) administration; and
            ``(2) providing, through one or more subgrants or 
        contracts, technical assistance for program improvement and 
        replication, to eligible entities that receive subgrants under 
        subsection (b).
    ``(b) Subgrants for Local Programs.--
            ``(1) In general.--Each State shall use the grant funds 
        received under section 1302(d)(1) and not reserved under 
        subsection (a) to award subgrants to eligible entities to carry 
        out Even Start programs.
            ``(2) Minimum.--No State shall award a subgrant under 
        paragraph (1) in an amount less than $75,000, except that a 
        State may award one subgrant in each fiscal year of sufficient 
        size, scope, and quality to be effective in an amount less than 
        $75,000 if, after awarding subgrants under paragraph (1) for 
        such fiscal year in amounts of $75,000 or greater, less than 
        $75,000 is available to the State to award such subgrants.

``SEC. 1304. USES OF FUNDS.

    ``(a) In General.--In carrying out a program under this part, a 
recipient of funds under this part shall use such funds to pay the 
Federal share of the cost of providing family-centered education 
programs that involve parents and children in a cooperative effort to 
help parents obtain educational skills and become full partners in the 
education of their children and to assist children in reaching their 
full potential as learners.
    ``(b) Federal Share Limitation.--
            ``(1) In general.--(A) Except as provided in paragraph (2), 
        the Federal share under this part may not exceed--
                    ``(i) 90 percent of the total cost of the program 
                in the first year that such program receives assistance 
                under this part or its predecessor authority;
                    ``(ii) 80 percent in the second such year;
                    ``(iii) 70 percent in the third such year;
                    ``(iv) 60 percent in the fourth such year; and
                    ``(v) 50 percent in any subsequent such year.
            ``(B) The remaining cost of a program assisted under this 
        part may be provided in cash or in kind, fairly evaluated.
            ``(2) Waiver.--The State educational agency may waive, in 
        whole or in part, the cost-sharing requirement described in 
        paragraph (1) for an eligible entity if such entity--
                    ``(A) demonstrates that such entity otherwise would 
                not be able to participate in the program assisted 
                under this part; and
                    ``(B) negotiates an agreement with the State 
                educational agency with respect to the amount of the 
                remaining cost to which the waiver will be applicable.
            ``(3) Prohibition.--Federal funds provided under this part 
        may not be used for the indirect costs of a program assisted 
        under this part, except that the Secretary may waive this 
        paragraph if an eligible recipient of funds reserved under 
        section 1302(a)(3) demonstrates to the Secretary's satisfaction 
        that such recipient otherwise would not be able to participate 
        in the program assisted under this part.

``SEC. 1305. PROGRAM ELEMENTS.

    ``Each program assisted under this part shall--
            ``(1) include the identification and recruitment of those 
        families most in need of services provided under this part, as 
        indicated by a low level of income, a low level of adult 
        literacy or English language proficiency of a parent who is an 
        eligible participant, and other need-related indicators;
            ``(2) include screening and preparation of parents, 
        including teenage parents, and children to enable such parents 
        and children to participate fully in the activities and 
        services provided under this part, including testing, referral 
        to necessary pupil services, and other developmental and 
        support services;
            ``(3) be designed to accommodate the participants' work and 
        other responsibilities, including the provision of pupil 
        services (when such pupil services are unavailable from other 
        sources) necessary for participation in the activities assisted 
        under this part, such as--
                    ``(A) scheduling and location of services to allow 
                joint participation by parents and children;
                    ``(B) child care for the period that parents are 
                involved in the program provided under this part; and
                    ``(C) transportation for the purpose of enabling 
                parents and their children to participate in programs 
                authorized by this part;
            ``(4) include high-quality instructional programs that 
        promote adult literacy, training of parents to support the 
        educational growth of their children, developmentally 
        appropriate early childhood educational services, and 
        preparation of children for success in regular school programs;
            ``(5) include qualified personnel to develop, administer, 
        and implement the program assisted under this part;
            ``(6) include special training of staff, including child 
        care staff, to develop the skills necessary to work with 
        parents and young children in the full range of instructional 
        services offered through this part;
            ``(7) provide and monitor integrated instructional services 
        to participating parents and children through home-based 
        programs;
            ``(8) operate on a year-round basis, including the 
        provision of some instructional or enrichment services during 
        the summer months;
            ``(9) be coordinated with--
                    ``(A) other programs assisted under this title and 
                Act;
                    ``(B) any relevant programs under the Adult 
                Education Act, the Individuals with Disabilities 
                Education Act, and the Job Training Partnership Act; 
                and
                    ``(C) the Head Start program, volunteer literacy 
                programs, and other relevant programs;
            ``(10) ensure that the programs will serve those families 
        most in need of the activities and services provided by this 
        part;
            ``(11) provide services under this part to individuals with 
        special needs, such as individuals with limited-English 
        proficiency and individuals with disabilities;
            ``(12) encourage eligible participants to remain in the 
        program for a time sufficient to meet the program's purpose; 
        and
            ``(13) provide for an independent evaluation of the 
        program.

``SEC. 1306. ELIGIBLE PARTICIPANTS.

    ``(a) In General.--Except as provided in subsection (b), eligible 
participants in an Even Start program are--
            ``(1) a parent or parents--
                    ``(A) who are eligible for participation in an 
                adult basic education program under the Adult Education 
                Act; or
                    ``(B) who are within the State's compulsory school 
                attendance age range, so long as a local educational 
                agency provides (or ensures the availability of) the 
                basic education component required under this part; and
            ``(2) the child or children, from birth through age seven, 
        of any individual described in paragraph (1).
    ``(b) Eligibility for Certain Other Participants.--
            ``(1) In general.--Family members of eligible participants 
        described in subsection (a) may participate in activities and 
        services provided under this part, when appropriate to serve 
        the purpose of this part.
            ``(2) Special rule.--Any family participating in a program 
        assisted under this part that becomes ineligible for such 
        participation as a result of one or more members of the family 
        becoming ineligible for such participation may continue to 
        participate in the program until all members of the family 
        become ineligible for such participation, which--
                    ``(A) in the case of a family in which 
                ineligibility was due to the child or children of such 
                family attaining the age of eight, shall be in two 
                years or when the parent or parents become ineligible 
                due to educational advancement, whichever occurs first; 
                and
                    ``(B) in the case of a family in which 
                ineligibility was due to the educational advancement of 
                the parent or parents of such family, shall be when all 
                children in the family attain the age of eight.

``SEC. 1307. APPLICATIONS.

    ``(a) Submission.--To be eligible to receive a subgrant under this 
part, an eligible entity shall submit an application to the State 
educational agency in such form and containing or accompanied by such 
information as the State educational agency shall require.
    ``(b) Plan.--
            ``(1) In general.--Each such application shall include--
                    ``(A) a description of the program goals;
                    ``(B) a description of the activities and services 
                that will be provided under the program, including a 
                description of how the program will incorporate the 
                program elements required by section 1305;
                    ``(C) a description of the population to be served 
                and an estimate of the number of participants to be 
                served;
                    ``(D) as appropriate, a description of the 
                applicant's collaborative efforts with institutions of 
                higher education, community-based organizations, the 
                State educational agency, private elementary schools, 
                or eligible organizations in carrying out the program 
                for which assistance is sought; and
                    ``(E) a statement of the methods that will be 
                used--
                            ``(i) to ensure that the programs will 
                        serve those families most in need of the 
                        activities and services provided by this part;
                            ``(ii) to provide services under this part 
                        to individuals with special needs, such as 
                        individuals with limited-English proficiency 
                        and individuals with disabilities; and
                            ``(iii) to encourage participants to remain 
                        in the program for a time sufficient to meet 
                        the program's purpose.
            ``(2) Duration of the plan.--Each plan submitted under 
        paragraph (1)(A) shall--
                    ``(A) remain in effect for the duration of the 
                eligible entity's participation under this part; and
                    ``(B) be periodically reviewed and revised by the 
                eligible entity as necessary.

``SEC. 1308. AWARD OF SUBGRANTS.

    ``(a) Selection Process.--
            ``(1) In general.--The State educational agency shall 
        establish a review panel in accordance with subsection (b) that 
        will approve applications that--
                    ``(A) are most likely to be successful in--
                            ``(i) meeting the purpose of this part; and
                            ``(ii) effectively implementing the program 
                        elements required under section 1305;
                    ``(B) demonstrate that the area to be served by 
                such program has a high percentage or a large number of 
                children and families who are in need of such services 
                as indicated by high levels of poverty, illiteracy, 
                unemployment, limited-English proficiency, or other 
                need-related indicators, including a high percentage of 
                children to be served by the program who reside in a 
                school attendance area eligible for participation in 
                programs under part A of this title;
                    ``(C) provide services for at least a three-year 
                age range;
                    ``(D) demonstrate the greatest possible cooperation 
                and coordination between a variety of relevant service 
                providers in all phases of the program;
                    ``(E) include cost-effective budgets, given the 
                scope of the application;
                    ``(F) demonstrate the applicant's ability to 
                provide the remaining cost required by section 1304(b);
                    ``(G) are representative of urban and rural regions 
                of the State; and
                    ``(H) show the greatest promise for providing 
                models that may be adopted by other local educational 
                agencies.
            ``(2) Review panel.--A review panel shall consist of at 
        least three members, including one early childhood 
        professional, one adult education professional, and one of the 
        following individuals:
                    ``(A) A representative of a parent-child education 
                organization.
                    ``(B) A representative of a community-based 
                literacy organization.
                    ``(C) A member of a local board of education.
                    ``(D) A representative of business and industry 
                with a commitment to education.
                    ``(E) An individual who has been involved in the 
                implementation of programs under this title in the 
                State.
            ``(3) Priority.--The State educational agency shall give 
        priority to awarding subgrants under this subsection to 
        applications describing programs that--
                    ``(A) target services primarily to families whose 
                children reside in attendance areas of schools eligible 
                for schoolwide programs under section 1114; or
                    ``(B) are located in areas designated as 
                empowerment zones or enterprise communities.
    ``(b) Duration.--
            ``(1) In general.--Subgrants under this part may be awarded 
        for a period not to exceed four years.
            ``(2) Startup period.--The State educational agency may 
        provide an eligible recipient, at such recipient's request, a 
        3- to 6-month startup period during the first year of the 4-
        year grant period, which may include staff recruitment and 
        training, and the coordination of services, before requiring 
        full implementation of the program.
            ``(3) Continuing eligibility.--In awarding subgrant funds 
        to continue a program under this part for the second, third, or 
        fourth year, the State educational agency shall review the 
        progress being made toward meeting the objectives of the 
        program after the conclusion of the startup period, if any.
            ``(4) Grant renewal.--(A) An eligible entity that has 
        previously received a subgrant under this part may reapply 
        under this part for additional subgrants. A subgrantee may 
        receive funds under this part for a period not to exceed eight 
        years.
            ``(B) The Federal share of any subgrant renewed under 
        subparagraph (A) shall not exceed 50 percent in any fiscal 
        year.
            ``(5) Insufficient progress.--The State educational agency 
        may refuse to award subgrant funds if such agency finds that 
        sufficient progress has not been made toward meeting such 
        objectives, but only after affording the applicant notice and 
        an opportunity for a hearing.

``SEC. 1309. EVALUATION.

    ``From funds reserved under section 1302(b)(1), the Secretary shall 
provide for an independent evaluation of programs assisted under this 
part--
            ``(1) to determine the performance and effectiveness of 
        programs assisted under this part; and
            ``(2) to identify effective programs assisted under this 
        part that can be duplicated and used in providing technical 
        assistance to Federal, State, and local programs.

``SEC. 1310. CONSTRUCTION.

    ``Nothing in this part shall be construed to prohibit a recipient 
of funds under this part from serving students participating in Even 
Start simultaneously with students with similar educational needs, in 
the same educational settings where appropriate.

               ``PART D--EDUCATION OF MIGRATORY CHILDREN

``SEC. 1401. PROGRAM PURPOSE.

    ``It is the purpose of this part to assist States to--
            ``(1) support high-quality and comprehensive educational 
        programs for migratory children to help reduce the educational 
        disruptions and other problems that result from repeated moves;
            ``(2) ensure that migratory children are provided with 
        appropriate educational services (including supportive 
        services) that address their special needs in a coordinated and 
        efficient manner;
            ``(3) ensure that migratory children have the opportunity 
        to meet the same challenging State content standards and 
        challenging State student performance standards that all 
        children are expected to meet;
            ``(4) design programs to help migratory children overcome 
        educational disruption, cultural and language barriers, social 
        isolation, various health-related problems, and other factors 
        that inhibit the ability of such children to do well in school, 
        and to prepare such children to make a successful transition to 
        postsecondary education or employment; and
            ``(5) ensure that migratory children benefit from State and 
        local systemic reforms.

``SEC. 1402. PROGRAM AUTHORIZED.

    ``(a) In General.--In order to carry out the purpose of this part, 
the Secretary shall make grants to State educational agencies, or 
combinations of such agencies, to establish or improve, directly or 
through local operating agencies, programs of education for migratory 
children in accordance with this part.
    ``(b) Definitions.--As used in this part--
            ``(1) the term `local operating agency' means--
                    ``(A) a local educational agency to which a State 
                educational agency makes a subgrant under this part;
                    ``(B) a public or private nonprofit agency with 
                which a State educational agency or the Secretary makes 
                an arrangement to carry out a program or project under 
                this part; or
                    ``(C) a State educational agency, if the State 
                educational agency operates the State's migrant 
                education program or projects directly; and
            ``(2) the term `migratory child' means a child who is, or 
        whose parent or guardian is, a migratory agricultural worker, 
        including a migratory dairy worker, or a migratory fisher, and 
        who, in the preceding 48 months, in order to obtain, or 
        accompany such parent or guardian in order to obtain, temporary 
        or seasonal employment in agricultural or fishing work--
                    ``(A) has moved from one school district to 
                another;
                    ``(B) in a State that is comprised of a single 
                school district, has moved from one administrative area 
                to another within such district; or
                    ``(C) resides in a school district of more than 
                15,000 square miles, and migrates a distance of 20 
                miles or more to a temporary residence to engage in a 
                fishing activity.
            ``(3) the term `stop-over center' means a migrant project 
        site which provides educational services approved by the State 
        educational agency, advance notification to States where 
        migrant children are traveling, and coordination with providers 
        of other services to migrant children, to eligible migrant 
        children who intend to stay 5 days or less while they or others 
        in their family are moving from one location to another seeking 
        migratory agricultural work, including migratory dairy work, or 
        migratory fishing work.
            ``(4) The term `fishing activity' means any activity 
        directly related to the catching or processing of fish or 
        shellfish--
                    ``(A) for initial commercial sale, whether a fisher 
                is self-employed or employed by others, or
                    ``(B) as a principal means of personal subsistence.

``SEC. 1403. STATE ALLOCATIONS.

    ``(a) State Allocations.--Each State (other than the Commonwealth 
of Puerto Rico) is eligible to receive an allocation under this part, 
for each fiscal year, in an amount equal to--
            ``(1) the sum of the estimated number of migratory children 
        aged three through 21 who reside in the State full time and the 
        full-time equivalent of the estimated number of migratory 
        children aged three through 21 who reside in the State part 
        time, as determined in accordance with subsection (e); 
        multiplied by
            ``(2) 40 percent of the average per-pupil expenditure in 
        the State, except that the amount determined under this 
        paragraph shall not be less than 32 percent, or more than 48 
        percent, of the average per-pupil expenditure in the United 
        States.
    ``(b) Allocation to Puerto Rico.--For each fiscal year, the amount 
for which the Commonwealth of Puerto Rico is eligible under this 
section shall be equal to--
            ``(1) the number of migratory children in Puerto Rico, 
        determined under subsection (a)(1); multiplied by
            ``(2) the product of--
                    ``(A) the percentage that the average per-pupil 
                expenditure in Puerto Rico is of the lowest average 
                per-pupil expenditure of any of the 50 States; and
                    ``(B) 32 percent of the average per-pupil 
                expenditure in the United States.
    ``(c) Ratable Reductions; Reallocations.--
            ``(1) In general.--(A) If, after the Secretary reserves 
        funds under section 1408(c), the amount appropriated to carry 
        out this part for any fiscal year is insufficient to pay in 
        full the amounts for which all States are eligible, the 
        Secretary shall ratably reduce each such amount.
            ``(B) If additional funds become available for making such 
        payments for any fiscal year, the Secretary shall allocate such 
        funds to States in amounts that the Secretary determines will 
        best carry out the purpose of this part.
            ``(2) Special rule.--(A) The Secretary shall further reduce 
        the amount of any grant to a State under this part for any 
        fiscal year if the Secretary determines, based on available 
        information on the numbers and needs of migratory children in 
        the State and the program proposed by the State to address 
        those needs, that such amount is not needed by the State.
            ``(B) The Secretary shall reallocate such excess funds to 
        other States whose grants under this part would otherwise be 
        insufficient to provide an appropriate level of services to 
        migratory children, in such amounts as the Secretary determines 
        are appropriate.
    ``(d) Consortium Arrangements.--
            ``(1) In general.--In the case of any State that receives a 
        grant of $500,000 or less under this section, the Secretary 
        shall consult with the State educational agency to determine 
        whether consortium arrangements with another State or another 
        appropriate entity would result in delivery of services in a 
        more effective and efficient manner.
            ``(2) Proposals.--Any State, regardless of the amount of 
        such State's allocation, may submit a consortium arrangement to 
        the Secretary for approval.
            ``(3) Approval.--The Secretary shall approve a consortium 
        arrangement under paragraph (1) or (2) if the proposal 
        demonstrates that the arrangement will--
                    ``(A) reduce administrative costs or program 
                function costs for State programs; and
                    ``(B) make more funds available for direct services 
                to add substantially to the welfare or educational 
                attainment of children to be served under this part.
    ``(e) Determining Numbers of Eligible Children.--In order to 
determine the estimated number of migratory children residing in each 
State for purposes of this section, the Secretary shall--
            ``(1) use such information as the Secretary finds most 
        accurately reflects the actual number of migratory children; 
        and
            ``(2) adjust the full-time equivalent number of migratory 
        children who reside in each State to take into account--
                    ``(A) the special needs of those children 
                participating in special programs provided under this 
                part that operate during the summer or other 
                intersession periods or special programs that operate 
                at or through stop-over centers; and
                    ``(B) the additional costs of operating such 
                programs.

``SEC. 1404. STATE APPLICATIONS; SERVICES.

    ``(a) Application Required.--Any State wishing to receive a grant 
under this part for any fiscal year shall submit an application to the 
Secretary at such time and in such manner as the Secretary may require.
    ``(b) Program Information.--Each such application shall include--
            ``(1) a description of how, in planning, implementing, and 
        evaluating programs and projects assisted under this part, the 
        State and its local operating agencies will ensure that the 
        special educational needs of migratory children, including 
        preschool migratory children, are identified and addressed 
        through a comprehensive plan for needs assessment and service 
        delivery that meets the requirements of section 1406;
            ``(2) a description of the steps the State is taking to 
        provide all migratory students with the opportunity to meet the 
        same challenging State content standards and challenging State 
        student performance standards that all children are expected to 
        meet;
            ``(3) a description of how the State will use its funds to 
        promote interstate and intrastate coordination of services for 
        migratory children, including how, consistent with procedures 
        the Secretary may require, the State will provide for 
        educational continuity through the timely transfer of pertinent 
        school records, including information on health, when children 
        move from one school to another, whether or not such move 
        occurs during the regular school year;
            ``(4) a description of the State's priorities for the use 
        of funds received under this part, and how such priorities 
        relate to the State's assessment of needs for services in the 
        State; and
            ``(5) a description of how the State will determine the 
        amount of any subgrants the State will award to local operating 
        agencies and the amount of funds that such agencies will 
        provide to individual schools, taking into account the 
        requirements of paragraph (1).
    ``(c) Assurances.--Each such application shall also include 
assurances, satisfactory to the Secretary, that--
            ``(1) such programs and projects will be carried out in a 
        manner consistent with the objectives of sections 1114, 
        1115(b), 1115(e), 1117, 1120(b), and 1120(c), and part G;
            ``(2) in the planning and operation of such programs and 
        projects at both the State and local operating agency level, 
        there is appropriate consultation with parent advisory councils 
        for programs of one school year in duration, and that all such 
        programs and projects are carried out, to the extent feasible, 
        in a manner consistent with section 1116;
            ``(3) the effectiveness of such programs and projects will 
        be determined, where feasible, using the same approaches and 
        standards that will be used to assess the performance of 
        students, schools, and local educational agencies under part A; 
        and
            ``(4) to the extent feasible, such programs and projects 
        will provide for--
                    ``(A) advocacy and outreach activities for 
                migratory children and their families, including 
                informing such children and families of, or helping 
                such children and families gain access to, other 
                education, health, nutrition, and social services;
                    ``(B) professional development programs, including 
                mentoring, for teachers and other program personnel;
                    ``(C) family literacy programs, including such 
                programs that use models developed under Even Start;
                    ``(D) the integration of information technology 
                into educational and related programs; and
                    ``(E) programs to facilitate the transition of 
                secondary school students to postsecondary education or 
                employment; and
            ``(5) the State will assist the Secretary in determining 
        the number of migratory children under section 1403(e), through 
        such procedures as the Secretary may require.
    ``(d) Priority for Services.--In providing services with funds 
received under this part, each recipient of such funds shall give 
priority to migratory children who are failing, or most at risk of 
failing, to meet the State's challenging State content standards and 
challenging State student performance standards, and whose education 
has been interrupted during the regular school year.
    ``(e) Continuation of Services.--Notwithstanding any other 
provision of this part--
            ``(1) a child who ceases to be a migratory child during a 
        school term shall be eligible for services until the end of 
        such term; and
            ``(2) a child who is no longer a migratory child may 
        continue to receive services for one additional school year, 
        but only if comparable services are not available through other 
        programs.

``SEC. 1405. SECRETARIAL APPROVAL; PEER REVIEW.

    ``(a) Secretarial Approval.--The Secretary shall approve each 
application under this part that meets the requirements of this part.
    ``(b) Peer Review.--The Secretary may review any application under 
this part with the assistance and advice of State officials and other 
individuals with relevant expertise.

``SEC. 1406. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; 
              AUTHORIZED ACTIVITIES.

    ``(a) Comprehensive Plan.--
            ``(1) In general.--Each State that receives assistance 
        under this part shall ensure that the State and its local 
        operating agencies identify and address the special educational 
        needs of migratory children in accordance with a comprehensive 
        State plan that--
                    ``(A) provides that migratory children will have an 
                opportunity to meet the same challenging State content 
                standards and challenging State student performance 
                standards, set out in such plans, that all children are 
                expected to meet;
                    ``(B) specifies measurable program goals and 
                outcomes;
                    ``(C) encompasses the full range of services that 
                are available for migratory children from appropriate 
                local, State and Federal educational programs;
                    ``(D) is the product of joint planning among such 
                local, State, and Federal programs, including programs 
                under part A, early childhood programs, and bilingual 
                education programs under part A of title VII; and
                    ``(E) provides for the integration of services 
                available under this part with services provided by 
                such other programs.
            ``(2) Duration of the plan.--Each such comprehensive State 
        plan shall--
                    ``(A) remain in effect for the duration of the 
                State's participation under this part; and
                    ``(B) be periodically reviewed and revised by the 
                State, as necessary, to reflect changes in the State's 
                strategies and programs under this part.
    ``(b) Authorized Activities.--
            ``(1) In general.--In implementing the comprehensive plan 
        described in subsection (a), each local operating agency shall 
        have the flexibility to determine the activities to be provided 
        with funds made available under this part, except that--
                    ``(A) before funds under this part are used to 
                provide services described in subparagraph (B), such 
                funds shall be used to meet the identified needs of 
                migratory children that--
                            ``(i) result from the effects of their 
                        migratory lifestyle, or are needed to permit 
                        migratory children to participate effectively 
                        in school; and
                            ``(ii) are not addressed by services 
                        provided under other programs, including 
                        programs under part A;
                    ``(B) all migratory children who are eligible to 
                receive services under part A shall receive such 
                services with funds provided under this part or under 
                part A; and
                    ``(C) funds received under this part shall be used 
                only--
                            ``(i) for programs and projects, including 
                        the acquisition of equipment, in accordance 
                        with section 1406(b)(1); and
                            ``(ii) to coordinate such programs and 
                        projects with similar programs and projects 
                        within the State and in other States, as well 
                        as with other Federal programs that can benefit 
                        migratory children and their families.
            ``(2) Construction.--Nothing in this part shall be 
        construed to prohibit a local operating agency from serving 
        migrant students simultaneously with students with similar 
        educational needs, in the same educational settings where 
        appropriate.
            ``(3) Special rule.--Notwithstanding section 1114, a school 
        that receives funds under this part shall continue to address 
        the identified needs described in subparagraph (1)(A).

``SEC. 1407. BYPASS.

    ``The Secretary may use all or part of any State's allocation under 
this part to make arrangements with any public or nonprofit agency to 
carry out the purpose of this part in such State if the Secretary 
determines that--
            ``(1) the State is unable or unwilling to conduct 
        educational programs for migratory children;
            ``(2) such arrangements would result in more efficient and 
        economic administration of such programs; or
            ``(3) such arrangements would add substantially to the 
        welfare or educational attainment of such children.

``SEC. 1408. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

    ``(a) Improvement of Coordination.--
            ``(1) In general.--The Secretary, in consultation with the 
        States, may make grants to, or enter into contracts with, State 
        educational agencies, local educational agencies, institutions 
        of higher education, and other public and private entities to 
        improve the interstate and intrastate coordination among such 
        agencies' educational programs, including the establishment or 
        improvement of programs for credit accrual and exchange, 
        available to migratory students.
            ``(2) Extension.--The Secretary may extend until January 1, 
        1996 the contract for the operation of the migrant student 
        record transfer system under section 1203(a)(2)(A) of this Act 
        (as such section was in existence on the day preceding the date 
        of enactment of the Improving America's Schools Act of 1994).
    ``(b) Report.--Not later than October 1, 1995, the Secretary shall 
submit a report to the Congress regarding the effectiveness of methods 
used by States to transfer migratory students' educational and health 
records.
    ``(c) Availability of Funds.--For the purpose of carrying out this 
section in any fiscal year, the Secretary shall reserve not more than 
$6,000,000 of the amount appropriated to carry out this part for such 
year.
    ``(d) Incentive Grants.--From the amounts made available to carry 
out this section, the Secretary may reserve not more than $1,500,000 to 
award grants in amounts of not more than $100,000 to each State 
educational agency entering into a consortium agreement described in 
section 1403(d).

         ``PART E--EDUCATION FOR NEGLECTED AND DELINQUENT YOUTH

``SEC. 1501. PURPOSE; PROGRAM AUTHORIZED.

    ``(a) Purpose.--It is the purpose of this part to--
            ``(1) improve educational services to children in 
        institutions for neglected or delinquent children so that such 
        children have the opportunity to meet the same challenging 
        State content standards and challenging State student 
        performance standards that all children in the State will be 
        expected to meet; and
            ``(2) provide such children the services such children need 
        to make a successful transition from institutionalization to 
        further schooling or employment.
    ``(b) Program Authorized.--In order to carry out the purpose of 
this part, the Secretary shall make grants to State educational 
agencies to enable such State educational agencies to award subgrants 
to State agencies to establish or improve programs of education for 
neglected or delinquent children in accordance with this part.

``SEC. 1502. ELIGIBILITY.

    ``A State agency is eligible for assistance under this part if such 
State agency is responsible for providing free public education for 
children--
            ``(1) in institutions for neglected or delinquent children;
            ``(2) attending community day programs for neglected or 
        delinquent children; or
            ``(3) in adult correctional institutions.

``SEC. 1503. ALLOCATION OF FUNDS.

     ``(a) Subgrants to State Agencies.--
            ``(1) In general.--Each State agency described in section 
        1502 (other than an agency in the Commonwealth of Puerto Rico) 
        is eligible to receive a subgrant under this part, for each 
        fiscal year, an amount equal to the product of--
                    ``(A) the number of neglected or delinquent 
                children described in section 1502 who--
                            ``(i) are enrolled for at least 15 hours 
                        per week in education programs in adult 
                        correctional institutions; and
                            ``(ii) are enrolled for at least 20 hours 
                        per week--
                                    ``(I) in education programs in 
                                institutions for neglected or 
                                delinquent children; or
                                    ``(II) in community day programs 
                                for neglected or delinquent children; 
                                and
                    ``(B) 40 percent of the average per-pupil 
                expenditure in the State, except that the amount 
                determined under this paragraph shall not be less than 
                32 percent, or more than 48 percent, of the average 
                per-pupil expenditure in the United States.
            ``(2) Special rule.--The number of neglected or delinquent 
        children determined under paragraph (1) shall--
                    ``(A) be determined by the State agency by a date 
                or dates set by the Secretary, except that no State 
                agency shall be required to determine the number of 
                such children on a specific date set by the Secretary; 
                and
                    ``(B) be adjusted, as the Secretary determines is 
                appropriate, to reflect the relative length of such 
                agency's annual programs.
    ``(b) Subgrants to State Agencies in Puerto Rico.--For each fiscal 
year, the amount of the subgrant for which a State agency in the 
Commonwealth of Puerto Rico is eligible under this part shall be equal 
to--
            ``(1) the number of children counted under subsection 
        (a)(1) for Puerto Rico; multiplied by
            ``(2) the product of--
                    ``(A) the percentage that the average per-pupil 
                expenditure in Puerto Rico is of the lowest average 
                per-pupil expenditure of any of the 50 States; and
                    ``(B) 32 percent of the average per-pupil 
                expenditure in the United States.
    ``(c) Ratable Reductions in Case of Insufficient Appropriations.--
If the amount appropriated for any fiscal year for subgrants under 
subsections (a) and (b) is insufficient to pay the full amount for 
which all agencies are eligible under such subsections, the Secretary 
shall ratably reduce each such amount.
    ``(d) Payments to State Educational Agencies.--
            ``(1) In general.--The Secretary shall pay to each State 
        educational agency the total amount needed to make subgrants to 
        State agencies in that State, as determined under this section.
            ``(2) Administrative expenses.--Each State educational 
        agency may retain a portion of such total amount for State 
        administration of, in accordance with section 1702(b).

``SEC. 1504. STATE REALLOCATION OF FUNDS.

    ``If a State educational agency determines that a State agency does 
not need the full amount of the subgrant for which such State agency is 
eligible under this part for any fiscal year, the State educational 
agency may reallocate the amount that will not be needed to other State 
agencies that need additional funds to carry out the purpose of this 
part, in such amounts as the State educational agency shall determine.

``SEC. 1505. STATE PLAN AND STATE AGENCY APPLICATIONS.

    ``(a) State Plan.--
            ``(1) In general.--Each State educational agency that 
        desires to receive payments under this part shall submit, for 
        approval by the Secretary, a plan for meeting the needs of 
        neglected and delinquent children, which shall be revised and 
        updated as needed to satisfy the requirements of this section.
            ``(2) Contents.--Each such State plan shall--
                    ``(A) describe the program goals, objectives, and 
                performance measures established by the State that will 
                be used to assess the effectiveness of the program in 
                improving academic and vocational skills of children in 
                the program;
                    ``(B) provide that, to the extent feasible, such 
                children will have the same opportunities to learn as 
                such children would have if such children were in the 
                schools of local educational agencies in the State; and
                    ``(C) contain assurances that the State educational 
                agency will--
                            ``(i) ensure that programs assisted under 
                        this part will be carried out in accordance 
                        with the State plan described in this 
                        subsection; and
                            ``(ii) carry out the evaluation 
                        requirements of section 1509 of this part.
            ``(3) Duration of the plan.--Each such State plan shall--
                    ``(A) remain in effect for the duration of the 
                State's participation under this part; and
                    ``(B) be periodically reviewed and revised by the 
                State, as necessary, to reflect changes in the State's 
                strategies and programs under this part.
    ``(b) Secretarial Approval; Peer Review.--
            ``(1) In general.--The Secretary shall approve each State 
        plan that meets the requirements of this part.
            ``(2) Peer review.--The Secretary may review any State plan 
        with the assistance and advice of individuals with relevant 
        expertise.
    ``(c) State Agency Applications.--Any State agency that desires to 
receive funds to carry out a program under this part shall submit an 
application to the State educational agency that--
            ``(1) describes the procedures to be used, consistent with 
        the State plan under part A, to assess the educational needs of 
        the children to be served;
            ``(2) describes the program, including a budget for the 
        first year of the program, with annual updates to be provided 
        to the State educational agency;
            ``(3) describes how the program will meet the goals and 
        objectives of the State plan under this part;
            ``(4) describes how the State agency will consult with 
        experts and provide the necessary training for appropriate 
        staff, to ensure that the planning and operation of 
        institution-wide projects under section 1507 are of high 
        quality;
            ``(5) describes how the agency will carry out the 
        evaluation requirements of section 1509 and how the results of 
        the most recent evaluation were used to plan and improve the 
        program;
            ``(6) includes data showing that the State agency has 
        maintained fiscal effort as if such agency were a local 
        educational agency, in accordance with section 10501;
            ``(7) describes how the programs will be coordinated with 
        other State and Federal programs administered by the State 
        agency;
            ``(8) describes how appropriate professional development 
        will be provided to teachers and other staff; and
            ``(9) designates an individual in each affected institution 
        to be responsible for issues relating to the transition of 
        children from the institution to locally operated programs.

``SEC. 1506. USE OF FUNDS.

    ``(a) In General.--
            ``(1) In general.--A State agency shall use funds received 
        under this part only for programs and projects that--
                    ``(A) are consistent with the State plan described 
                in section 1505(a); and
                    ``(B) concentrate on providing participants with 
                the knowledge and skills needed to make a successful 
                transition to further education or employment.
            ``(2) Uses.--Such programs and projects--
                    ``(A) may include the acquisition of equipment;
                    ``(B) shall be designed to support educational 
                services that--
                            ``(i) except for institution-wide projects 
                        under section 1507, are provided to children 
                        identified by the State agency as failing, or 
                        most at risk of failing, to meet the State's 
                        challenging State content standards and 
                        challenging State student performance 
                        standards;
                            ``(ii) supplement and improve the quality 
                        of the educational services provided to such 
                        children by the State agency; and
                            ``(iii) afford such children an opportunity 
                        to learn such standards;
                    ``(C) shall be carried out in a manner consistent 
                with section 1120(b) and part G; and
                    ``(D) may include the costs of meeting the 
                evaluation requirements of section 1509.
    ``(b) Supplement, Not Supplant.--A program under this part that 
supplements the number of hours of instruction students receive from 
State and local sources shall be considered to comply with the 
`supplement, not supplant' requirement of section 1120(b) without 
regard to the subject areas in which instruction is given during those 
hours.

``SEC. 1507. INSTITUTION-WIDE PROJECTS.

    ``(a) Projects Authorized.--A State agency that provides free 
public education for children in an institution for neglected or 
delinquent children (other than an adult correctional institution) or 
attending a community-day program for such children may use funds 
received under this part to serve all children in, and upgrade the 
entire educational effort of, that institution or program if the State 
agency has developed, and the State educational agency has approved, a 
comprehensive plan for that institution or program that--
            ``(1) provides for a comprehensive assessment of the 
        educational needs of all individuals under the age of 21 in the 
        institution or program;
            ``(2) describes the steps the State agency has taken, or 
        will take, to provide all children under age 21 with the 
        opportunity to meet challenging State content standards and 
        challenging State student performance standards in order to 
        improve the likelihood that such children will complete 
        secondary school and find employment after leaving the 
        institution;
            ``(3) describes the instructional program, pupil services, 
        and procedures that will be used to meet the needs described in 
        paragraph (1), including, to the extent feasible, the provision 
        of mentors for students;
            ``(4) specifically describes how such funds will be used;
            ``(5) describes the measures and procedures that will be 
        used to assess student progress;
            ``(6) describes how the agency has planned, and will 
        implement and evaluate, the institution-wide or program-wide 
        project in consultation with personnel providing direct 
        instructional services and support services in institutions or 
        community-day programs for neglected or delinquent children and 
        personnel from the State educational agency; and
            ``(7) includes an assurance that the State agency has 
        provided for appropriate training to teachers and other 
        instructional and administrative personnel to enable such 
        teachers and personnel to carry out the project effectively.
    ``(b) Projects Required.--Beginning with school year 1996-1997, a 
State agency described in subsection (a) shall use funds received under 
this part only for institution-wide projects described in that 
subsection, except as provided in section 1510.

``SEC. 1508. THREE-YEAR PROJECTS.

    ``If a State agency operates a program or project under this part 
in which individual children are likely to participate for more than 
one year, the State educational agency may approve the State agency's 
application for a subgrant under this part for a period of not more 
than three years.

``SEC. 1509. PROGRAM EVALUATIONS.

    ``(a) Scope of Evaluation.--Each State agency that conducts a 
program or project under this part shall evaluate the program or 
project at least once every three years, disaggregating data on 
participants by sex, and if feasible, race, ethnicity or age, to 
determine the program or project's impact on the ability of 
participants to--
            ``(1) maintain and improve educational achievement;
            ``(2) accrue school credits that meet State requirements 
        for grade promotion and secondary school graduation;
            ``(3) make the transition to a regular program or other 
        education program operated by a local educational agency; and
            ``(4) complete secondary school and obtain employment after 
        participants leave the institution.
    ``(b) Evaluation Measures.--In conducting each such evaluation with 
respect to subsection (a)(1), a State agency shall use multiple and 
appropriate measures of student progress.
    ``(c) Evaluation Results.--Each State agency shall--
            ``(1) submit the results of each evaluation under this 
        section to the State educational agency; and
            ``(2) use the results of evaluations under this section to 
        plan and improve subsequent programs for participating 
        children.

``SEC. 1510. TRANSITION SERVICES.

    ``(a) Transition Services.--Each State agency may reserve not more 
than 10 percent of the amount such agency receives under this part for 
any fiscal year to support projects that facilitate the transition of 
children from State-operated institutions for neglected and delinquent 
children into locally operated programs.
    ``(b) Conduct of Projects.--A project supported under this section 
may be conducted directly by the State agency, or through a contract or 
other arrangement with one or more local educational agencies, other 
public agencies, or private nonprofit organizations.
    ``(c) Limitation.--Any funds reserved under subsection (a) shall be 
used only to provide special educational services, which may include 
pupil services and mentoring, to neglected and delinquent children in 
schools other than State-operated institutions.
    ``(d) Construction.--Nothing in this section shall be construed to 
prohibit a school that receives funds under subsection (a) from serving 
neglected and delinquent children simultaneously with students with 
similar educational needs, in the same educational settings where 
appropriate.

``SEC. 1511. DEFINITIONS.

    ``For the purpose of this part--
            ``(1) the term `adult correctional institution' means a 
        facility in which persons are confined as a result of a 
        conviction for a criminal offense, including persons under 21 
        years of age;
            ``(2) the term `community day program' means a regular 
        program of instruction provided by a State agency at a 
        community day school operated specifically for neglected or 
        delinquent children;
            ``(3) the term `institution for delinquent children' means 
        a public or private residential facility for the care of 
        children who have been adjudicated to be delinquent or in need 
        of supervision; and
            ``(4) the term `institution for neglected children' means a 
        public or private residential facility, other than a foster 
        home, that is operated for the care of children who have been 
        committed to the institution or voluntarily placed in the 
        institution under applicable State law, due to abandonment, 
        neglect, or death of their parents or guardians.

            ``PART F--FEDERAL EVALUATIONS AND DEMONSTRATIONS

``SEC. 1601. EVALUATIONS.

    ``(a) National Assessment.--
            ``(1) In general.--The Secretary shall conduct a national 
        assessment of programs assisted under this title, in 
        coordination with the ongoing Chapter 1 Longitudinal Study 
        under subsection (c) of this section, that shall be planned, 
        reviewed, and conducted in consultation with an independent 
        panel of researchers, State practitioners, local practitioners, 
        and other appropriate individuals.
            ``(2) Examination.--The assessment shall examine how well 
        schools, local educational agencies, and States--
                    ``(A) are progressing toward the goal of all 
                children served under this title reaching the State's 
                challenging State content standards and challenging 
                State student performance standards; and
                    ``(B) are accomplishing the purpose set forth in 
                section 1001(d) to achieve the goal described in 
                paragraph (1), including--
                            ``(i) ensuring challenging State content 
                        standards and challenging State student 
                        performance standards for all children served 
                        under this title and aligning the efforts of 
                        States, local educational agencies, and schools 
                        to help such children reach such standards;
                            ``(ii) providing children served under this 
                        title an enriched and accelerated educational 
                        program through schoolwide programs or through 
                        additional services that increase the amount 
                        and quality of instructional time that such 
                        children receive;
                            ``(iii) promoting schoolwide reform and 
                        access for all children served under this title 
                        to effective instructional strategies and 
                        challenging academic content;
                            ``(iv) significantly upgrading the quality 
                        of the curriculum and instruction by providing 
                        staff in participating schools with substantial 
                        opportunities for professional development;
                            ``(v) coordinating services provided under 
                        all parts of this title with each other, with 
                        other educational and pupil services, including 
                        preschool services, and, to the extent 
                        feasible, with health and social service 
                        programs funded from other sources;
                            ``(vi) affording parents of children served 
                        under this title meaningful opportunities to 
                        participate in the education of their children 
                        at home and at school;
                            ``(vii) distributing resources to areas 
                        where needs are greatest;
                            ``(viii) improving accountability, as well 
                        as teaching and learning, by making assessments 
                        under this title congruent with State 
                        assessment systems; and
                            ``(ix) providing greater decisionmaking 
                        authority and flexibility to schools in 
                        exchange for greater responsibility for student 
                        performance.
            ``(3) NAEP information.--Where feasible, the Secretary 
        shall use information gathered by the National Assessment of 
        Educational Progress in carrying out this subsection.
            ``(4) Interim and final reports.--The Secretary shall 
        submit an interim report summarizing the preliminary findings 
        of the assessment to the President and the appropriate 
        committees of the Congress and a final report of the findings 
        of the assessment by January 1, 1998.
    ``(b) Studies and Data Collection.--
            ``(1) In general.--The Secretary may collect such data, as 
        necessary, at the State, local, and school levels and conduct 
        studies and evaluations, including national studies and 
        evaluations, to assess on an ongoing basis the effectiveness of 
        programs under this title and to report on such effectiveness 
        on a periodic basis.
            ``(2) Minimum information.--At a minimum, the Secretary 
        shall collect trend information on the effect of programs under 
        this title. Such data shall complement the data collected and 
        reported under subsections (a) and (c).
    ``(c) National Longitudinal Study.--
            ``(1) In general.--The Secretary shall carry out an ongoing 
        evaluation of the program assisted under part A of title I in 
        order to provide the public, the Congress, and educators 
        involved in such program, an accurate description of the short- 
        and long-term effectiveness of such program and to provide 
        information that can be used to improve such program's 
        effectiveness in enabling students to meet high State content 
        standards and State student performance standards, graduate 
        from secondary school, and make successful transitions to 
        postsecondary education and work. Such evaluation shall--
                    ``(A) have a longitudinal design that tracks 
                cohorts of students within schools of differing poverty 
                concentrations for at least 3 years which, when the 
                cohorts are taken as a whole, provides a picture of 
                such program's effectiveness over the elementary and 
                secondary grades;
                    ``(B) be separate and independent from State and 
                local assessments and evaluations required under this 
                part and consistent with measuring the achievement of 
                students to relative to high State content standards 
                and State student performance standards;
                    ``(C) utilize the highest available content 
                standards that are generally accepted as national in 
                scope;
                    ``(D) provide information on all students, students 
                served under this part, and, if funds are sufficient, 
                information on students from low-income families, 
                limited-English proficient students, and students with 
                disabilities; and
                    ``(E) when feasible, collect, cross-tabulate, and 
                report data by sex within race or ethnicity and 
                socioeconomic status.
            ``(2) Use.--The Secretary shall use the results of the 
        evaluation described in paragraph (1) as part of the national 
        assessment required by subsection (a) and shall report the data 
        from such evaluation to the Congress and the public at least as 
        frequently as reports are made under subsection (a)(4).
    ``(d) Developmentally Appropriate Measures.--In conducting the 
national assessment under subsection (a) and the national longitudinal 
study under subsection (b), the Secretary shall use developmentally 
appropriate measures to assess student performance and progress.
    ``(e) Study on Estimating State Child Poverty Counts.--The 
Secretary shall--
            ``(1) conduct a study to determine whether a feasible 
        method exists for producing reliable estimates, between 
        decennial census counts, of the number of school-aged children 
        living in poverty by State in each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico; and
            ``(2) use such a method, if one exists, to provide the 
        Congress with such estimates.

``SEC. 1602. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

    ``(a) Demonstration Programs To Improve Achievement.--
            ``(1) In general.--From the funds appropriated for any 
        fiscal year under section 1002(g)(2), the Secretary may make 
        grants to State educational agencies, local educational 
        agencies, other public agencies, nonprofit organizations, and 
        consortia of such entities to carry out demonstration projects 
        that show the most promise of enabling children served under 
        this title to meet challenging State content standards and 
        challenging State student performance standards. Such projects 
        shall include promising strategies such as--
                    ``(A) accelerated curricula, the application of new 
                technologies to improve teaching and learning, extended 
                learning time, and a safe and enriched full-day 
                environment for children to provide children the 
                opportunity to reach such standards;
                    ``(B) coordinated pupil services programs;
                    ``(C) integration of education services with each 
                other and with health, family, and other social 
                services, particularly in empowerment zones and 
                enterprise communities;
                    ``(D) effective approaches to whole school reform;
                    ``(E) programs that have been especially effective 
                with limited-English proficient children, migratory 
                children and other highly mobile students, children 
                leaving institutions for neglected or delinquent 
                children and returning to school, and homeless children 
                and youth;
                    ``(F) programs which are especially effective in 
                recruiting, inducting and retaining highly qualified 
                teachers for service in schools with low student 
                achievement; and
                    ``(G) programs that are built upon partnerships 
                developed between elementary and middle schools, 
                employers, and the community which emphasize the 
                integration of high quality academic and vocational 
                learning, stress excellence and high expectations for 
                success in core academic subjects, instill 
                responsibility, decisionmaking, problem solving, 
                interpersonal skills, and other competencies in 
                students, and make school relevant to the workplace and 
                the community, through applied and interactive teaching 
                methodologies, team teaching strategies, learning 
                opportunities connecting school, the workplace, and the 
                community, and career exploration, awareness, and 
                career guidance opportunities.
            ``(2) Evaluation.--The Secretary shall evaluate the 
        demonstration projects supported under this title, using 
        rigorous methodological designs and techniques, including 
        control groups and random assignment, to the extent feasible, 
        to produce reliable evidence of effectiveness.
    ``(b) Partnerships.--From funds appropriated under section 
1002(g)(2) for any fiscal year, the Secretary may, directly or through 
grants or contracts, work in partnership with State educational 
agencies, local educational agencies, other public agencies, and 
nonprofit organizations to disseminate and use the highest quality 
research and knowledge about effective practices to improve the quality 
of teaching and learning in schools assisted under this title.

                      ``PART G--GENERAL PROVISIONS

``SEC. 1701. FEDERAL REGULATIONS.

    ``(a) In General.--The Secretary is authorized to issue such 
regulations as are considered necessary to reasonably ensure that there 
is compliance with the specific requirements and assurances required by 
this title.
    ``(b) Procedure.--
            ``(1) In general.--Prior to publishing proposed regulations 
        pursuant to this title, the Secretary shall convene regional 
        meetings which shall provide input to the Secretary on the 
        content of proposed regulations. Such meetings shall include 
        representatives of Federal, State, and local administrators, 
        parents, teachers, and members of local boards of education 
        involved with implementation of programs under this title.
            ``(2) Proposed regulations.--Subsequent to regional 
        meetings and prior to publishing proposed regulations in the 
        Federal Register, the Secretary shall prepare draft regulations 
        and submit regulations on a minimum of 4 key issues to a 
        modified negotiated rulemaking process as a demonstration of 
        such process. The modified process shall waive application of 
        the Federal Advisory Committee Act, but shall otherwise follow 
        the guidance provided in the Administrative Conference of the 
        United States in Recommendation 82-4, ``Procedures for 
        Negotiating Proposed Regulations'' (47 Fed. Reg. 30708, June 
        18, 1982) and any successor regulation. Participants in the 
        demonstration shall be chosen by the Secretary from among 
        participants in the regional meetings, representing the groups 
        described in paragraph (1) and all geographic regions. The 
        demonstration shall be conducted in a timely manner.
            ``(3) Emergency situation.--In an emergency situation in 
        which regulations pursuant to this title must be issued within 
        a very limited time to assist State and local educational 
        agencies with the operation of the program, the Secretary may 
        issue a regulation without such prior consultation, but shall 
        immediately thereafter convene regional meetings to review the 
        emergency regulation prior to issuance in final form.
    ``(c) Limitation.--Programs under this title may not be required to 
follow any 1 instructional model, such as the provision of services 
outside the regular classroom or school program.

``SEC. 1702. STATE ADMINISTRATION.

    ``(a) Rulemaking.--
            ``(1) In general.--Each State that receives funds under 
        this title shall--
                    ``(A) ensure that any State rules, regulations, and 
                policies relating to this title conform to the purposes 
                of this title;
                    ``(B) minimize such rules, regulations, and 
                policies to which their local educational agencies and 
                schools are subject; and
                    ``(C) identify any such rule, regulation, or policy 
                as a State-imposed requirement.
            ``(2) Special rule.--State rules, regulations, and policies 
        under this title shall support and facilitate local educational 
        agency and school-level systemic reform designed to enable all 
        children to meet the State's challenging State content 
        standards and challenging State student performance standards.
    ``(b) Payment for State Administration.--Each State may reserve for 
the proper and efficient performance of such State's duties under this 
title, the greater of--
            ``(1)(A) 1.00 percent of the funds appropriated to carry 
        out subsections (a), (c), (d), and (e) of section 1002 for 
        fiscal year 1995 and each succeeding fiscal year not described 
        in subparagraph (B); or
            ``(B) not more than 1.5 percent and not less than 1 percent 
        of the funds appropriated to carry out such subsections for 
        fiscal year 1997 and each succeeding fiscal year if the 
        Secretary, based on the State reports required by subsection 
        (d) and the studies required by section 14010(b), authorizes 
        such reservation;
            ``(2) except as provided in paragraph (3)--
                    ``(A) $425,000 for fiscal year 1995 and each 
                succeeding fiscal year not described in subparagraph 
                (B); or
                    ``(B) not more than $565,000 and not less than 
                $425,000 for fiscal year 1997 and each succeeding 
                fiscal year if the Secretary, based on the State 
                reports required by subsection (d) and the studies 
                required by section 14010(b), authorizes such 
                reservation; or
            ``(3) in the case of an outlying area--
                    ``(A) $50,000 for fiscal year 1995 and each 
                succeeding fiscal year not described in subparagraph 
                (B); or
                    ``(B) not more than $80,000 and not less than 
                $50,000 for fiscal year 1997 and each succeeding fiscal 
                year if the Secretary, based on the State reports 
                required by subsection (d) and the studies required by 
                section 14010(b), authorizes such reservation.
    ``(c) Payment for School Improvement.--Each State may reserve for 
the proper and efficient performance of its duties under subsections 
(b)(5) and (c) of section 1118, and section 1119, the greater of--
            ``(1)(A) .65 percent of the funds appropriated to carry out 
        subsections (a), (c), (d), and (e) of section 1002 for fiscal 
        year 1995 and each succeeding fiscal year not described in 
        subparagraph (B); or
            ``(B) not more than .75 percent and not less than .65 
        percent of the funds appropriated to carry out such subsections 
        for fiscal year 1997 and each succeeding fiscal year if the 
        Secretary, based on the State reports required by subsection 
        (d) and the studies required by section 14010(b), authorizes 
        such reservation; or
            ``(2) except as provided in paragraph (3)--
                    ``(A) $210,000 for fiscal year 1995 and each 
                succeeding fiscal year not described in subparagraph 
                (B); or
                    ``(B) not more than $245,000 for fiscal year 1997 
                and each succeeding fiscal year if the Secretary, based 
                on the State reports required by subsection (d) and the 
                studies required by section 14010(b), authorizes such 
                reservation; or
            ``(3) in the case of an outlying area--
                    ``(A) $35,000 for fiscal year 1995 and each 
                succeeding fiscal year not described in subparagraph 
                (B); or
                    ``(B) not more than $40,000 for fiscal year 1997 
                and each succeeding fiscal year if the Secretary, based 
                on the State reports required by subsection (d) and the 
                studies required by section 14010(b), authorizes such 
                reservation.
    ``(d) Report.--Beginning in fiscal year 1995 and each succeeding 
fiscal year thereafter, each State educational agency which receives 
funds under this title shall submit to the Secretary a report on the 
use of funds for the State administration of activities assisted under 
this title. Such report shall include the proportion of State 
administrative funds provided under this section that are expended 
for--
            ``(1) basic program operation and compliance monitoring;
            ``(2) statewide program services, such as development of 
        standards and assessments, curriculum development, and program 
        evaluation; and
            ``(3) technical assistance and other direct support to 
        local educational agencies and schools.
    ``(e) Federal Funds To Supplement, Not Supplant, Non-Federal 
Funds.--
            ``(1) In general.--(A) Except as provided in subparagraph 
        (B), a State or local educational agency shall use funds 
        received under this part only to supplement the amount of funds 
        that would, in the absence of such Federal funds, be made 
        available from non-Federal sources for the education of pupils 
        participating in programs assisted under this part, and not to 
        supplant such funds.
            ``(B) For the purpose of complying with subparagraph (A), a 
        State or local educational agency may exclude supplemental 
        State and local funds expended in any eligible school 
        attendance area or school for programs that meet the 
        requirements of section 1114 or 1115.
            ``(2) Special rule.--No local educational agency shall be 
        required to provide services under this part through a 
        particular instructional method or in a particular 
        instructional setting in order to demonstrate its compliance 
        with paragraph (1).

``SEC. 1703. CONSTRUCTION.

    ``(a) Prohibition of Federal Mandates, Direction or Control.--
Nothing in this title shall be construed to authorize an officer or 
employee of the Federal Government to mandate, direct, or control a 
State, local educational agency, or school's specific instructional 
content or pupil performance standards and assessments, curriculum, or 
program of instruction as a condition of eligibility to receive funds 
under this title.
    ``(b) Equalized Spending.--Nothing in this title shall be construed 
to mandate equalized spending per pupil for a State, local educational 
agency, or school.
    ``(c) Building Standards.--Nothing in this title shall be construed 
to mandate national school building standards for a State, local 
educational agency, or school.

``SEC. 1704. RESERVATION OF FUNDS FOR TERRITORIES.

    ``There is authorized to be appropriated for each fiscal year for 
purposes of each of parts D and E of this title an amount equal to not 
more than 1 percent of the amount appropriated for such year for such 
parts, for payments to the outlying areas under each such part. The 
amounts appropriated for each such part shall be allotted among the 
outlying areas according to the outlying areas' respective need for 
such grants, based on such criteria as the Secretary determines will 
best carry out the purposes of this title.

        ``PART H--EDUCATIONAL OPPORTUNITY DEMONSTRATION PROGRAM

``SEC. 1801. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds that--
            ``(1) while low-income students have made significant gains 
        with respect to educational achievement and attainment, 
        considerable gaps still persist for these students in 
        comparison to those from more affluent socio-economic 
        backgrounds;
            ``(2) our Nation has a compelling interest in assuring that 
        all children receive a high quality education;
            ``(3) new methods and experiments to revitalize educational 
        achievement and opportunities of low-income individuals must be 
        a part of any comprehensive solution to the problems in our 
        Nation's educational system;
            ``(4) preliminary research shows that same gender classes 
        and schools may produce promising academic and behavioral 
        improvements in both sexes for low-income, educationally 
        disadvantaged students;
            ``(5) extensive data on same gender classes and schools are 
        needed to determine whether same gender classes and schools are 
        closely tailored to achieving the compelling government 
        interest in assuring that all children are educated to the best 
        of their ability;
            ``(6) in recent years efforts to experiment with same 
        gender classes and schools have been inhibited by lawsuits and 
        threats of lawsuits by private groups as well as governmental 
        entities; and
            ``(7) there is a compelling government interest in granting 
        the Secretary authority to insulate a limited number of local 
        educational agencies and schools which are experimenting with 
        same gender classes for a limited period of time from certain 
        law suits under title IX of the Education Amendments of 1972, 
        section 204 of the Education Amendments of 1974, section 1979 
        of the Revised Statutes (42 U.S.C. 1983), or any other law 
        prohibiting discrimination on the basis of sex, in order to 
        collect data on the effectiveness of such classes in educating 
        children from low-income, educationally disadvantaged 
        backgrounds.
    ``(b) Purposes.--It is the purpose of this part--
            ``(1) to give the Secretary discretion to allow 
        experimentation with same gender classes for low-income, 
        educationally disadvantaged students;
            ``(2) to determine whether same gender classes make a 
        difference in the educational achievement and opportunities of 
        low-income, educationally disadvantaged individuals; and
            ``(3) to involve parents in the educational options and 
        choices of their children.

``SEC. 1802. DEFINITIONS.

    ``As used in this part--
            ``(1) the term `educational opportunity school' means a 
        public elementary, middle, or secondary school, or a consortium 
        of such schools all of which receive a waiver under this title, 
        that--
                    ``(A) establishes a plan for voluntary, same gender 
                classes at one or more than one school in the 
                community;
                    ``(B) provides same gender classes for both boys 
                and girls, as well as a co-educational option for any 
                parent that chooses that option;
                    ``(C) gives parents the option of choosing to send 
                their child to a same gender class or to a co-
                educational class;
                    ``(D) admits students on the basis of a lottery, if 
                more students apply for admission to the same gender 
                classes than can be accommodated;
                    ``(E) has a program in which a member of the 
                community is asked to volunteer such member's time in 
                classes of children of the same gender as the member; 
                and
                    ``(F) operates in pursuit of improving achievement 
                among all children based on a specific set of 
                educational objectives determined by the local 
                educational agency applying for a grant under this 
                part, in conjunction with the educational opportunity 
                advisory board established under section 1803(c) and 
                agreed to by the Secretary; and
            ``(2) the term `educational opportunity advisory board' 
        means an advisory board established in accordance with section 
        1803(c).

``SEC. 1803. PROGRAM AUTHORIZED.

    ``(a) Waivers.--The Secretary may grant waivers to ten local 
educational agencies for the design and operation of one or more 
educational opportunity schools.
    ``(b) Inapplicability.--Title IX of the Education Amendments of 
1972, section 204 of the Education Amendments of 1974, section 1979 of 
the Revised Statutes (42 U.S.C. 1983), and any other law prohibiting 
discrimination on the basis of sex, shall not apply to a local 
educational agency or an educational opportunity school for a five-year 
period following the Secretary's grant of the waiver only to the extent 
the Secretary determines necessary to ensure the development and 
operation of same gender classes in accordance with this part.
    ``(c) Educational Opportunity Advisory Board.--Each local 
educational agency receiving a waiver under this part shall establish 
an educational opportunity advisory board. Such advisory board shall be 
composed of school administrators, parents, teachers, local government 
officials and volunteers involved with an educational opportunity 
school. Such advisory board shall assist the local educational agency 
in developing the application for assistance under section 1804 and 
serve as an advisory board in the functioning of the educational 
opportunity school.

``SEC. 1804. APPLICATIONS.

    ``(a) Applications Required.--Each local educational agency 
desiring a waiver under this part shall submit, within 180 days of the 
date of enactment of the Improving America's Schools Act of 1994, an 
application to the Secretary at such time, in such manner and 
accompanied by such information as the Secretary may reasonably 
require.
    ``(b) Scope of Application.--Each application described in 
subsection (a) may request a waiver for a single educational 
opportunity school or for a consortium of such schools.
    ``(c) Application Contents.--Each application described in 
subsection (a) shall include--
            ``(1) a description of the educational program to be 
        implemented by the proposed educational opportunity school, 
        including--
                    ``(A) the grade levels or ages of children to be 
                served; and
                    ``(B) the curriculum and instructional practices to 
                be used;
            ``(2) a description of the objectives of the local 
        educational agency and a description of how such agency intends 
        to monitor and study the progress of children participating in 
        the educational opportunity school;
            ``(3) a description of how the local educational agency 
        intends to include in the educational opportunity school 
        administrators, teaching personnel, and role models from the 
        private sector;
            ``(4) a description of how school administrators, parents, 
        teachers, local government and volunteers will be involved in 
        the design and implementation of the educational opportunity 
        school;
            ``(5) a description of how the local educational agency or 
        the State, as appropriate, will provide for continued operation 
        of the educational opportunity school once the Federal waiver 
        has expired, if such agency determines that such school is 
        successful;
            ``(6) a justification for the waiver or inapplicability of 
        any Federal statutory or regulatory requirements that the local 
        educational agency believes are necessary for the successful 
        operation of the educational opportunity school and a 
        description of any State or local statutory or regulatory 
        requirements, that will be waived for, or will not apply to, 
        the educational opportunity school, if necessary;
            ``(7) a description of how students in attendance at the 
        educational opportunity school, or in the community, will be--
                    ``(A) informed about such school; and
                    ``(B) informed about the fact that admission to 
                same gender classes is completely voluntary;
            ``(8) an assurance that the local educational agency will 
        annually provide the Secretary such information as the 
        Secretary may require to determine if the educational 
        opportunity school is making satisfactory progress toward 
        achieving the objectives described in paragraph (2);
            ``(9) an assurance that the local educational agency will 
        cooperate with the Secretary in evaluating the program 
        authorized by this part;
            ``(10) assurances that resources shall be used equally for 
        same gender classes for boys and for girls;
            ``(11) assurances that the activities assisted under this 
        part will not have an adverse affect, on either sex, that is 
        caused by--
                    ``(A) the distribution of teachers between same 
                gender classes for boys and for girls;
                    ``(B) the quality of facilities for boys and for 
                girls;
                    ``(C) the nature of the curriculum for boys and for 
                girls;
                    ``(D) program activities for boys and for girls; 
                and
                    ``(E) instruction for boys and for girls;
            ``(12) an assurance that the local educational agency will 
        comply with the research and evaluation protocol developed by 
        the Secretary of Education as required by section 1806; and
            ``(13) such other information and assurances that the 
        Secretary may require.

``SEC. 1805. SELECTION OF GRANTEES.

    ``The Secretary shall award waivers under this part on the basis of 
the quality of the applications submitted under section 1804, taking 
into consideration such factors as--
            ``(1) the quality of the proposed curriculum and 
        instructional practices;
            ``(2) organizational structure and management of the 
        school;
            ``(3) the quality of the plan for assessing the progress 
        made by children in same gender classes over the period of the 
        grant;
            ``(4) the extent of community support for the application; 
        and
            ``(5) the likelihood that the educational opportunity 
        school will meet the objectives of such school and improve 
        educational results for students; and
            ``(6) the assurances submitted pursuant to section 
        1804(c)(11).

``SEC. 1806. STUDY COMMISSIONED.

    ``The Secretary of Education is hereby required to commission a 
study upon enactment of the Educational Opportunity Demonstration 
Program, with appropriate protocols to compare the educational and 
behavioral achievement of those choosing same gender classes and those 
choosing the co-educational option. The study should be delivered to 
all Members of Congress within one year of the expiration of the waiver 
authority granted herein.

``SEC. 1807. CONSTRUCTION.

    ``Nothing in this part shall be construed to affect the 
availability under title IX of remedies to overcome the effects of past 
discrimination on the basis of sex.

              ``TITLE II--IMPROVING TEACHING AND LEARNING

    ``PART A--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM

``SEC. 2101. FINDINGS.

    ``The Congress finds as follows:
            ``(1) Reaching the third National Education Goal (all 
        students will demonstrate mastery of challenging subject matter 
        in the core academic subjects) and the fifth National Education 
        Goal (United States students will become first in the world in 
        mathematics and science achievement) requires a comprehensive 
        educational reform strategy that involves parents, schools, 
        government, communities, and other public and private 
        organizations at all levels.
            ``(2) A crucial component of the strategy for achieving 
        these two goals is ensuring, through sustained and intensive 
        high-quality professional development, that all teachers can 
        provide challenging learning experiences in the core academic 
        subjects for their students.
            ``(3) The potential positive impact of high-quality 
        professional development is underscored by recent research 
        findings that--
                    ``(A) professional development must be focused on 
                teaching and learning in order to change the 
                opportunities of all students to achieve higher 
                standards;
                    ``(B) effective professional development focuses on 
                discipline-based knowledge and effective subject-
                specific pedagogical skills, involves teams of 
                teachers, administrators, and pupil services personnel 
                in a school and, through professional networks of 
                teachers, teacher educators, administrators, pupil 
                services personnel, and parents is interactive and 
                collaborative, motivates by its intrinsic content and 
                relationship to practice, builds on experience and 
                learning-by-doing, and becomes incorporated into the 
                everyday life of the school;
                    ``(C) professional development can dramatically 
                improve classroom instruction and learning when 
                teachers, administrators, pupil services personnel, and 
                parents are partners in the development and 
                implementation of such professional development; and
                    ``(D) new and innovative strategies for teaching to 
                high standards will require time for teachers, outside 
                of the time spent teaching, for instruction, practice, 
                and collegial collaboration.
            ``(4) Special attention must be given in professional 
        development activities to ensure that education professionals 
        are knowledgeable of, and make use of, strategies for serving 
        populations that historically have lacked access to equal 
        opportunities for advanced learning and career advancement.
            ``(5) Professional development activities must prepare 
        teachers, pupil services personnel, paraprofessionals and other 
        staff in effective prevention and intervention strategies to--
                    ``(A) alleviate the need, and assure appropriate 
                referral, for special education services; and
                    ``(B) prepare staff to work collaboratively to 
                educate students with disabilities placed into general 
                education settings, consistent with such student's 
                individualized education program.
            ``(6) Professional development activities, designed in 
        cooperation with parents, that focus on the complex social, 
        emotional and mental health needs of children which may impede 
        learning, can help teachers, administrators, and pupil services 
        personnel assist children in overcoming barriers to academic 
        success.
            ``(7) Professional development is often a victim of budget 
        reductions in fiscally difficult times.
            ``(8) There are few incentives or sanctions operating to 
        encourage teachers and administrators to work to prepare 
        themselves to be more effective or to participate in 
        challenging and effective professional development activities.
            ``(9) Parental involvement is an important aspect of school 
        reform and improvement. There is a need for special attention 
        to ensure the effective involvement of parents in the education 
        of their children. Professional development should include 
        methods and strategies to better prepare teachers and 
        administrators in involving parents. Programs are needed to 
        provide parents the training and development necessary to 
        enable parents to participate fully and effectively in their 
        children's education.
            ``(10) The Federal Government has a vital role in helping 
        to make sustained and intensive high-quality professional 
        development in the core academic subjects become an integral 
        part of the elementary and secondary education system.

``SEC. 2102. PURPOSES.

    ``It is the purpose of this part--
            ``(1) to help ensure that teachers, other staff, and 
        administrators have access to high-quality professional 
        development that is aligned to challenging State content 
        standards and challenging State student performance standards 
        and to support the development and implementation of sustained 
        and intensive high-quality professional development activities 
        in the core academic subjects; and
            ``(2) to help ensure that teachers, administrators, other 
        staff, pupil services personnel, and parents have access to 
        professional development that--
                    ``(A) is tied to challenging State content 
                standards and challenging State student performance 
                standards;
                    ``(B) reflects recent research on teaching and 
                learning;
                    ``(C) includes strong academic content and 
                pedagogical components;
                    ``(D) incorporates effective strategies, 
                techniques, methods, and practices for meeting the 
                educational needs of diverse student populations, 
                including females, minorities, individuals with 
                disabilities, limited-English proficient individuals, 
                and economically disadvantaged individuals, in order to 
                ensure that all students have the opportunity to 
                achieve challenging State student performance 
                standards;
                    ``(E) is of sufficient intensity and duration to 
                have a positive and lasting impact on the teacher's 
                performance in the classroom; and
                    ``(F) is part of the everyday life of the school 
                and creates an orientation toward continuous 
                improvement throughout the school.

``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION BETWEEN 
              SUBPARTS.

    ``(a) Authorization of Appropriations.--For the purpose of carrying 
out this part, there are authorized to be appropriated $800,000,000 for 
fiscal year 1995 and such sums as may be necessary for each of the 4 
succeeding fiscal years.
    ``(b) Allocation Between Subparts.--Of the amounts appropriated to 
carry out this part for any fiscal year the Secretary shall make 
available--
            ``(1) 5 percent of such amounts to carry out subpart 1, of 
        which 10 percent of such 5 percent shall be available to carry 
        out section 2114;
            ``(2) 93.75 percent of such amounts to carry out subpart 2; 
        and
            ``(3) 1.25 percent of such amounts to carry out subpart 3.

                    ``Subpart 1--Federal Activities

``SEC. 2111. PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary is authorized to make grants to, 
and enter into contracts and cooperative agreements with, local 
educational agencies, educational service agencies, State educational 
agencies, State agencies for higher education, institutions of higher 
education, and other public and private agencies, organizations, and 
institutions to--
            ``(1) support activities of national significance that the 
        Secretary determines will contribute to the development and 
        implementation of high-quality professional development 
        activities in the core academic subjects; and
            ``(2) evaluate activities carried out under this subpart 
        and subpart 2 in accordance with section 10701.
    ``(b) Requirements.--In carrying out the activities described in 
subsection (a), the Secretary shall coordinate professional development 
programs within the Department, particularly with those programs within 
the Office of Educational Research and Improvement, and shall consult 
and coordinate with the National Science Foundation, the National 
Endowment for the Humanities, the National Endowment for the Arts, the 
Institute of Museum Services, and other appropriate Federal agencies 
and entities.

``SEC. 2112. AUTHORIZED ACTIVITIES.

    ``The Secretary shall use funds available to carry out this subpart 
for activities that help meet the purposes of this part, such as--
            ``(1) providing seed money to the entities described in 
        section 2111(a) to develop the capacity of such entities to 
        offer sustained and intensive high-quality professional 
        development;
            ``(2) professional development institutes that provide 
        teams of teachers, or teachers, administrators, pupil services 
        personnel and other staff, from individual schools, with 
        professional development that contains strong and integrated 
        disciplinary and pedagogical components;
            ``(3) encouraging the development of local and national 
        professional networks, including the Teacher Research 
        Dissemination Demonstration Program under section 941(j) of the 
        Educational Research, Development, Dissemination, and 
        Improvement Act of 1994, that provide a forum for interaction 
        among teachers of the core academic subjects and that allow the 
        exchange of information on advances in content and pedagogy;
            ``(4) supporting the National Board for Professional 
        Teaching Standards;
            ``(5) the development and dissemination of teaching 
        standards in the core academic subjects;
            ``(6) the development of exemplary methods of assessing 
        teachers, other staff, and administrators for licensure and 
        certification;
            ``(7) the dissemination of models of high-quality 
        professional development activities that train educators in 
        strategies, techniques, methods, and practices for meeting the 
        educational needs of historically underserved populations, 
        including females, minorities, individuals with disabilities, 
        limited-English proficient individuals, and economically 
        disadvantaged individuals, in order to ensure that all students 
        have the opportunity to achieve challenging State student 
        performance standards;
            ``(8) activities that promote the transferability of 
        licensure and certification of teachers and administrators 
        among State and local jurisdictions;
            ``(9) the development and testing of incentive strategies 
        for motivating teachers, administrators, and pupil services 
        personnel to help increase their effectiveness through 
        professional development focused on teaching and learning and 
        giving all students the opportunity to learn to challenging 
        State content standards and challenging State student 
        performance standards;
            ``(10) the development of innovative prevention and 
        intervention strategies to--
                    ``(A) alleviate the need, or assure appropriate 
                referral, for special education services; and
                    ``(B) prepare general education and special 
                education teachers, paraprofessionals and pupil 
                services personnel in effective integration of students 
                with disabilities into general education settings, 
                consistent with such student's individualized education 
                program;
            ``(11) encouraging the development of innovative models for 
        recruitment, induction, retention and assessment of new, highly 
        qualified teachers, especially such teachers from historically 
        underrepresented groups;
            ``(12) the dissemination of information about voluntary 
        national content standards and voluntary national performance 
        standards and related models of high-quality professional 
        development;
            ``(13) the development and maintenance of a national 
        clearinghouse for such core academic subjects as the Secretary 
        determines are needed;
            ``(14) joint activities with other Federal agencies and 
        entities engaged in or supporting similar professional 
        development efforts;
            ``(15) the evaluation of programs under this subpart and 
        subpart 2 in accordance with section 10701; and
            ``(16) the development of programs which prepare teachers 
        to incorporate environmental education in the core academic 
        subjects.

``SEC. 2113. EISENHOWER NATIONAL CLEARINGHOUSE FOR MATHEMATICS AND 
              SCIENCE EDUCATION.

    ``(a) Clearinghouse Authorized.--The Secretary, in consultation 
with the Director of the National Science Foundation, may award a grant 
or contract to establish an Eisenhower National Clearinghouse for 
Mathematics and Science Education (hereafter in this section referred 
to as the `Clearinghouse').
    ``(b) Application and Award Basis.--Each entity desiring to 
establish and operate the Clearinghouse authorized by this section 
shall submit an application to the Secretary at such time, in such 
manner and accompanied by such information as the Secretary may 
reasonably require. The grant or contract awarded pursuant to paragraph 
(1) shall be made on a competitive, merit basis.
    ``(c) Duration.--The grant or contract awarded under this section 
shall be awarded for a period of 5 years and shall be reviewed by the 
Secretary not later than 30 months from the date the grant or contract 
is awarded.
    ``(d) Use of Funds.--The grant or contract awarded under this 
section shall be used to--
            ``(1) maintain a permanent repository of mathematics and 
        science education instructional materials and programs for 
        elementary and secondary schools, including middle schools 
        (including, to the extent practicable, all materials and 
        programs developed with Federal and non-Federal funds, such as 
        instructional materials developed by the Department, materials 
        developed by State and national mathematics and science 
        programs assisted under this part, and other instructional 
        materials) for use by the regional consortiums established 
        under subpart 2 of part C and by the general public;
            ``(2) compile information on all mathematics and science 
        education programs administered by each Federal agency or 
        department;
            ``(3) disseminate information, programs, and instructional 
        materials to the public, dissemination networks, and the 
        regional consortiums under subpart 2 of part C;
            ``(4) coordinate with identifiable and existing data bases 
        containing mathematics and science curriculum and instructional 
        materials, including Federal, non-Federal and, where feasible, 
        international data bases;
            ``(5) participate in collaborative meetings of 
        representatives of the Clearinghouse and the regional 
        consortiums under subpart 2 of part C to discuss issues of 
        common interest and concern, to foster effective collaboration 
        and cooperation in acquiring and distributing curriculum 
        materials and programs, and to coordinate computer network 
        access to the Clearinghouse and the resources of the regional 
        consortiums, except that not more than 3 percent of the funds 
        awarded under this section shall be used to carry out this 
        paragraph; and
            ``(6) gather qualitative and evaluative data on submissions 
        to the Clearinghouse.
    ``(e) Submission to Clearinghouse.--Each Federal agency or 
department which develops mathematics or science education 
instructional material or programs, including the National Science 
Foundation and the Department, shall submit to the Clearinghouse copies 
of such material or programs.
    ``(f) Peer Review.--The Secretary shall establish a peer review 
process to select the recipient of the award under this subsection.
    ``(g) Steering Committee.--The Secretary may appoint a steering 
committee to recommend policies and activities for the Clearinghouse.
    ``(h) Application of Copyright Laws.--Nothing in this section shall 
be construed to allow the use or copying, in any media, of any material 
collected by the Clearinghouse that is protected under the copyright 
laws of the United States unless the permission of the owner of the 
copyright is obtained. The Clearinghouse, in carrying out the 
provisions of this subsection, shall ensure compliance with title 17, 
United States Code.
    ``(i) Dissemination of Information.--The Secretary shall 
disseminate information concerning the grant or contract awarded under 
this section to State and local educational agencies and institutions 
of higher education. Such dissemination of information shall include 
examples of exemplary national programs in mathematics and science 
instruction and necessary technical assistance for the establishment of 
similar programs.

``SEC. 2114. NATIONAL TEACHER TRAINING PROJECT.

    ``(a) Short Title; Findings; Definitions.--
            ``(1) Short title.--This section may be cited as the 
        `National Teacher Training Project Act of 1994'.
            ``(2) Findings.--The Congress finds that--
                    ``(A) teachers must be major players in educational 
                reform in the United States;
                    ``(B) teachers are isolated from their peers and 
                have virtually no time during the school day to consult 
                with other teachers;
                    ``(C) there is a shortage of sustained, year-round 
                professional development programs for teachers;
                    ``(D) successful teaching methods are not 
                adequately shared among teachers;
                    ``(E) teachers are the best teachers of other 
                teachers because practicing classroom teachers have 
                experience that no outside consultant can match;
                    ``(F) it is important for universities and schools 
                to collaborate on teacher development programs if 
                teaching and learning are to be improved;
                    ``(G) pertinent research is not shared among 
                teachers in a professional setting;
                    ``(H) exemplary teachers should be recognized for 
                their abilities and contributions and encouraged to 
                refine their teaching methods;
                    ``(I) each State should support a nationally based 
                teacher training program that is modeled after the 
                National Writing Project for teachers of the core 
                academic subjects, including early childhood education, 
                mathematics, science, English, civics and government, 
                foreign languages, and arts;
                    ``(J) the National Writing Project is a nationally 
                recognized and honored nonprofit organization that 
                recognizes there are teachers in every region of the 
                United States who have developed successful methods for 
                teaching writing and that such teachers can be trained 
                and encouraged to train other teachers;
                    ``(K) the National Writing Project is a 
                collaborative university-school program which offers 
                summer and school year inservice teacher training 
                programs and a dissemination network to inform and 
                teach teachers regarding developments in the field of 
                writing;
                    ``(L) each year over 125,000 teachers voluntarily 
                seek training in National Writing Project intensive 
                summer institutes and workshops and school year 
                inservice programs through 1 of the 155 sites located 
                within the United States, and in 18 sites located 
                outside of the United States;
                    ``(M) in the 20 years of its existence, over 
                1,100,000 teachers, administrators and parents have 
                participated in National Writing Project programs;
                    ``(N) less than $16 per teacher was the average 
                cost in Federal dollars for all teacher training at 
                writing projects in academic year 1991-1992;
                    ``(O) for every dollar in Federal support, the 
                National Writing Project provides over $5 in matching 
                funds from States, local universities and schools, and 
                the private sector;
                    ``(P) private foundation resources, although 
                generous in the past concerning National Writing 
                Project programs, are inadequate to fund all of the 
                National Teacher Training Project sites needed, and the 
                future of the program is in jeopardy without secure 
                financial support;
                    ``(Q) the National Writing Project has become a 
                model for programs in other fields, such as science, 
                mathematics, history, literature, foreign languages, 
                and the performing arts, and the development of 
                programs in other fields should continue with the 
                support of Federal funds; and
                    ``(R) each of the 50 States should participate in 
                the National Teacher Training Project by establishing 
                regional teacher training sites in early childhood 
                development, mathematics, science, English, civics and 
                government, foreign languages, and arts to serve all 
                teachers within the State.
            ``(3) Definitions.--For the purpose of this section--
                    ``(A) the term `contractor' means--
                            ``(i) a local educational agency;
                            ``(ii) an educational service agency; or
                            ``(iii) an institution of higher education 
                        that awards a bachelor's degree; and
                    ``(B) the term `eligible recipient' means a 
                nonprofit educational organization which has as its 
                primary purpose the improvement of student learning in 
                one of the core academic subjects described in 
                subsection (b)(2).
    ``(b) Grants Authorized.--
            ``(1) Grants to eligible recipients.--The Secretary is 
        authorized to award a grant to an eligible recipient to enable 
        such recipient--
                    ``(A) to support and promote the establishment of 
                teacher training programs in early childhood 
                development and one of the 9 core academic subjects 
                described in paragraph (2), including the dissemination 
                of effective practices and research findings regarding 
                teacher training, and administrative activities;
                    ``(B) to support classroom research on effective 
                teaching practices in such area; and
                    ``(C) to pay the Federal share of the cost of such 
                programs and research.
            ``(2) Core subject areas.--To the extent feasible, the 
        Secretary shall award a grant under paragraph (1) for the 
        establishment of a National Teacher Training Project in early 
        childhood development and each of the following core academic 
        subjects:
                    ``(A) Mathematics.
                    ``(B) Science.
                    ``(C) English.
                    ``(D) Civics and government.
                    ``(E) Foreign languages.
                    ``(F) Arts.
                    ``(G) Geography.
                    ``(H) History.
                    ``(I) Economics.
            ``(3) Number of grants and eligible recipients.--The 
        Secretary shall award not more than 10 grants under paragraph 
        (1) to 10 different eligible recipients.
            ``(4) Equitable distribution.--The Secretary shall award 
        grants under paragraph (1) to eligible recipients from 
        different geographic areas of the United States.
            ``(5) Special rule.--Each grant under paragraph (1) shall 
        be of sufficient size, scope and quality to be effective.
            ``(6) Administrative costs and technical assistance.--Each 
        eligible recipient receiving a grant under paragraph (1) may 
        use not more than 5 percent of the grant funds for 
        administrative costs and the costs of providing technical 
        assistance to a contractor.
    ``(c) Grant Requirements.--Each eligible recipient receiving a 
grant under subsection (b) shall--
            ``(1) enter into a contract with a contractor under which 
        such contractor agrees--
                    ``(A) to establish, operate, and provide the non-
                Federal share of the cost of teacher training programs 
                in effective approaches and processes for the teaching 
                of the subject matter for which such eligible recipient 
                was awarded a grant, including approaches and processes 
                to obtain parental involvement in a child's education; 
                and
                    ``(B) to use funds received from the eligible 
                recipient to pay the Federal share of the cost of 
                establishing and operating teacher training programs 
                described in subparagraph (A);
            ``(2) make annual reports to the Secretary and be 
        responsible for oversight of the funds expended at each teacher 
        training program described in subparagraph (A); and
            ``(3) meet such other conditions and standards as the 
        Secretary determines to be necessary to assure compliance with 
        this section and provide such technical assistance as may be 
        necessary to carry out this section.
    ``(d) Teacher Training Programs.--The teacher training programs 
described in subsection (b) shall--
            ``(1) be conducted during the school year and during the 
        summer months;
            ``(2) train teachers who teach grades kindergarten through 
        college;
            ``(3) select teachers to become members of a National 
        Teacher Training Project, which members shall conduct inservice 
        workshops for other teachers in the area served by the National 
        Teacher Training Project site;
            ``(4) borrow teacher training principles and receive 
        technical assistance from the National Writing Project; and
            ``(5) encourage teachers from all disciplines to 
        participate in such teacher training programs.
    ``(e) Federal Share.--The term `Federal share' means, with respect 
to the costs of teacher training programs described in subsection (b), 
50 percent of such costs to the contractor
    ``(f) Application.--Each eligible recipient desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner and accompanied by such information as the Secretary may 
reasonably require.
    ``(g) Participants and Selection Process.--The selection process 
for participation in a teacher training program described in subsection 
(b) shall--
            ``(1) reward exemplary teachers with varying levels of 
        teaching experience who are nominated by other teachers and 
        administrators;
            ``(2) involve an application process to select participants 
        for a summer program;
            ``(3) ensure the selection of a geographically and 
        ethnically diverse group of teachers by soliciting applications 
        from teachers of both public and private institutions in rural, 
        urban and suburban settings of every State; and
            ``(4) automatically offer a place in a summer program to 
        the `Teacher of the Year' chosen pursuant to a Federal or State 
        teacher recognition program.
    ``(h) Limitation.--A contractor entering into a contract under 
subsection (c)(1) shall not spend more than 5 percent of funds received 
under the contract for administrative costs.

                ``Subpart 2--State and Local Activities

``SEC. 2121. PROGRAM AUTHORIZED.

    ``The Secretary is authorized to make grants to State educational 
agencies for the support of sustained and intensive high-quality 
professional development activities in the core academic subjects at 
the State and local levels.

``SEC. 2122. ALLOCATION OF FUNDS.

    ``(a) Reservation of Funds.--From the amount available to carry out 
this subpart for any fiscal year, the Secretary shall reserve--
            ``(1) \1/2\ of 1 percent for the outlying areas, to be 
        distributed among the outlying areas on the basis of their 
        relative need, as determined by the Secretary in accordance 
        with the purposes of this part;
            ``(2) \1/2\ of 1 percent for the Secretary of the Interior 
        for programs under this part for professional development 
        activities for teachers, other staff, and administrators in 
        schools operated or funded by the Bureau of Indian Affairs.
    ``(b) State Allotments.--The Secretary shall allocate the amount 
available to carry out this subpart and not reserved under subsection 
(a) to each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico as follows, except that no State shall 
receive less than one-half of 1 percent of such amount:
            ``(1) Fifty percent shall be allocated among such 
        jurisdictions on the basis of their relative populations of 
        individuals aged 5 through 17, as determined by the Secretary 
        on the basis of the most recent satisfactory data.
            ``(2) Fifty percent shall be allocated among such 
        jurisdictions in accordance with the relative amounts such 
        jurisdictions received under part A of title I for the 
        preceding fiscal year.
    ``(c) Reallocation.--If any jurisdiction does not apply for an 
allotment under subsection (b) for any fiscal year, the Secretary shall 
reallocate such amount to the remaining jurisdictions in accordance 
with that subsection.

``SEC. 2123. WITHIN-STATE ALLOCATIONS.

    ``Of the amounts received by any State under this subpart for any 
fiscal year--
            ``(1) 75 percent shall be available for State level 
        activities under section 2126 and local allowable activities 
        under section 2129(b), of which--
                    ``(A) not more than 5 percent may be used for the 
                administrative costs of the State educational agency;
                    ``(B) not more than 5 percent may be used for 
                State-level activities under section 2126; and
                    ``(C) of the remaining amount--
                            ``(i) 50 percent shall be distributed to 
                        local educational agencies--
                                    ``(I) for use in accordance with 
                                section 2129; and
                                    ``(II) in accordance with the 
                                relative enrollments in public and 
                                private nonprofit elementary and 
                                secondary schools within the boundaries 
                                of such agencies; and
                            ``(ii) 50 percent of such amount shall be 
                        distributed to local educational agencies--
                                    ``(I) for use in accordance with 
                                section 2129; and
                                    ``(II) in accordance with the 
                                relative amount such agencies received 
                                under part A of title I of this Act for 
                                the preceding fiscal year; and
            ``(2) 25 percent shall be available to the State agency for 
        higher education for activities under section 2130, of which 
        not more than 5 percent may be used for the administrative 
        costs of the State agency for higher education.

``SEC. 2124. PRIORITY FOR PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND 
              SCIENCE.

    ``(a) Appropriation of Less Than $250,000,000.--In any fiscal year 
for which the amount appropriated for this part is less than 
$250,000,000, each State shall ensure that all funds distributed in 
accordance with section 2123(1)(C) are used for professional 
development in mathematics and science.
    ``(b) Appropriation Equal to or Above $250,000,000.--In any fiscal 
year for which the amount appropriated for this part is at least 
$250,000,000, each State shall ensure that the amount of funds 
distributed in accordance with section 2123(1)(C) that is used for 
professional development in mathematics and science is not less than 
the amount that bears the same ratio to the total amount of funds so 
distributed as the sum of $250,000,000 plus at least 10 percent of the 
amount appropriated for this part for such year in excess of 
$250,000,000 bears to the total amount appropriated for this part for 
such year.

``SEC. 2125. STATE APPLICATIONS.

    ``(a) Applications Required.--Each State educational agency that 
wishes to receive an allotment under this subpart for any fiscal year 
shall submit an application to the Secretary at such time and in such 
form as the Secretary may require.
    ``(b) Professional Development Plan.--
            ``(1) In general.--Each application under this section 
        shall include a State plan for professional development that 
        satisfies the requirements of this section.
            ``(2) Contents.--Each such State plan shall--
                    ``(A) be developed in conjunction with the State 
                agency for higher education, nonprofit organizations of 
                demonstrated effectiveness, institutions of higher 
                education or schools of education, and with the 
                extensive participation of local teachers, 
                administrators, and pupil services personnel and show 
                the role of each such entity in implementation of the 
                plan;
                    ``(B) be designed to give teachers, administrators, 
                and pupil services personnel in the State the knowledge 
                and skills necessary to provide all students the 
                opportunity to meet challenging State content standards 
                and challenging State student performance standards;
                    ``(C) include an assessment of State and local 
                needs for professional development specifically related 
                to subparagraph (B);
                    ``(D) describe the need for teacher development 
                beginning with recruitment, preservice, and induction, 
                and continuing throughout the professional teaching 
                career, taking into account the need, as determined by 
                the State, for greater access to and participation in 
                the teaching profession by individuals from 
                historically underrepresented groups;
                    ``(E) describe how the State requirements for 
                licensure of teachers and administrators, including 
                certification and recertification, support challenging 
                State content standards and challenging State student 
                performance standards;
                    ``(F) describe how the State will work with 
                teachers, administrators, parents, local educational 
                agencies, schools, educational service agencies, and 
                institutions of higher education or nonprofit 
                organizations of demonstrated effectiveness to ensure 
                that such individuals or entities develop the capacity 
                to support sustained and intensive, high-quality 
                professional development programs in the core academic 
                subjects;
                    ``(G) describe how the State will prepare all 
                teachers to teach children with diverse learning needs, 
                including children with disabilities;
                    ``(H) describe how the State will prepare teachers, 
                paraprofessionals and pupil services personnel in 
                effective prevention and intervention strategies to--
                            ``(i) alleviate the need, and assure 
                        appropriate referral, for special education 
                        services; and
                            ``(ii) prepare general and special 
                        education staff to work collaboratively to 
                        educate students with disabilities placed into 
                        general education settings, consistent with 
                        such student's individualized education 
                        program;
                    ``(I) describe how the State will use technology, 
                including the emerging national information 
                infrastructure, to enhance the professional development 
                of teachers, administrators, and pupil services 
                personnel;
                    ``(J) describe how the State will ensure a strong 
                focus on professional development in mathematics and 
                science taking into account the need for greater access 
                to, and participation in, such disciplines by students 
                from historically underrepresented groups;
                    ``(K) describe how the State will provide 
                incentives to teachers and administrators to focus 
                their professional development on preparing themselves 
                to provide instruction consistent with challenging 
                State content standards and challenging State student 
                performance standards;
                    ``(L) set specific outcome performance indicators 
                for professional development; and
                    ``(M) describe how parents can be involved in 
                professional development programs to enhance their 
                participation in the education of their children.
            ``(3) Duration of the plan.--Each such State plan shall--
                    ``(A) remain in effect for the duration of the 
                State's participation under this subpart; and
                    ``(B) be periodically reviewed and revised by the 
                State, as necessary, to reflect changes in the State's 
                strategies and programs under this subpart.
    ``(c) Additional Material.--Each State application shall include--
            ``(1) a description of how the activities assisted under 
        this subpart will be coordinated, as appropriate, with--
                    ``(A) other activities conducted with Federal 
                funds, especially activities supported under part A of 
                title I of this Act, and parts B and D of the 
                Individuals with Disabilities Education Act;
                    ``(B) State and local funds;
                    ``(C) resources from business and industry, 
                museums, libraries, educational television stations, 
                and public and private nonprofit organizations of 
                demonstrated experience; and
                    ``(D) funds received from other Federal agencies, 
                such as the National Science Foundation, the 
                Departments of Commerce, Energy, and Health and Human 
                Services, the National Endowment for the Arts, the 
                Institute of Museum Services, and the National 
                Endowment for the Humanities; and
            ``(2) a description of the activities to be sponsored under 
        the State level activities under section 2126 and the higher 
        education activities under section 2130.
    ``(d) Peer Review and Secretarial Approval.--
            ``(1) In general.--The Secretary shall approve an 
        application of a State educational agency under this section if 
        such application meets the requirements of this section and 
        holds reasonable promise of achieving the purposes of this 
        part.
            ``(2) Review.--In reviewing applications under this 
        section, the Secretary shall obtain the advice of non-Federal 
        experts on education in the core academic subjects and on 
        teacher education, including teachers and administrators.

``SEC. 2126. STATE LEVEL ACTIVITIES.

    ``Each State may use funds made available under section 2123(1) to 
carry out activities described in the plan under section 2125(b), such 
as--
            ``(1) reviewing and reforming State requirements for 
        teacher and administrator licensure, including certification 
        and recertification, to align such requirements with the 
        State's challenging State content standards and ensure that 
        teachers and administrators have the knowledge and skills 
        necessary to help students meet challenging State student 
        performance standards;
            ``(2) developing performance assessments and peer review 
        procedures, as well as other methods, for licensing teachers 
        and administrators;
            ``(3) providing technical assistance to schools and local 
        educational agencies to help such schools and agencies provide 
        effective professional development in the core academic 
        subjects;
            ``(4) developing or supporting professional development 
        networks, either within a State or in a regional consortium of 
        States, that provide a forum for interaction among teachers and 
        that allow exchange of information on advances in content and 
        pedagogy;
            ``(5) professional development in the effective use of 
        educational technology as an instructional tool for increasing 
        student understanding of the core academic subjects, including 
        efforts to train teachers in methods for achieving gender 
        equity both in students' access to computers and other 
        educational technology and in teaching practices used in the 
        application of educational technology;
            ``(6) providing financial or other incentives for teachers 
        to become certified by nationally recognized professional 
        teacher enhancement organizations;
            ``(7) designing systems that enable teachers to meet pay 
        ladder professional development requirements by demonstrating 
        content knowledge and pedagogical competence tied to 
        challenging State content standards and challenging State 
        student performance standards, rather than by merely completing 
        course credits;
            ``(8) providing incentives for teachers to be involved in 
        assessment, curriculum development, and technical assistance 
        processes for teachers and students;
            ``(9) professional development to enable teachers, pupil 
        services personnel, and other school staff to ensure that girls 
        and young women, minorities, limited English proficient 
        students, individuals with disabilities, and the economically 
        disadvantaged have the full opportunity to achieve to 
        challenging State content standards and challenging State 
        student performance standards in the core academic subjects by, 
        for example, encouraging girls and young women and minorities 
        to pursue advanced courses in mathematics and science;
            ``(10) professional development designed to--
                    ``(A) provide the collaborative skills needed to 
                appropriately serve children with disabilities in the 
                general education setting consistent with such child's 
                individualized education program; and
                    ``(B) develop skills needed for effective 
                prevention and intervention teaching strategies to 
                alleviate the need, or assure appropriate referral, for 
                special education services;
            ``(11) professional development and recruitment activities 
        designed to increase the numbers of minorities, individuals 
        with disabilities and females teaching in the core academic 
        subjects in which such individuals are underrepresented;
            ``(12) identifying, developing, or supporting parental 
        involvement programs to better equip parents to participate in 
        the education of their children;
            ``(13) professional development activities designed to 
        increase the number of women and other underrepresented groups 
        in the administration of schools;
            ``(14) providing training for local education employees in 
        the area of early childhood development in order to ensure that 
        early childhood development services provided to low-income 
        children below the age of compulsory school attendance comply 
        with the performance standards established under section 
        641A(a) of the Head Start Act or under section 651 of such Act, 
        as such section 651 was in effect on the day preceding the date 
        of enactment of the Human Services Amendments of 1994; and
            ``(15) providing technical assistance to teachers, 
        administrators, parents and related services personnel in the 
        area of early childhood development in order to ensure that 
        early childhood development services provided to low-income 
        children below the age of compulsory school attendance comply 
        with the performance standards established under section 
        641A(a) of the Head Start Act or under section 651 of such Act, 
        as such section 651 was in effect on the day preceding the date 
        of enactment of the Human Services Amendments of 1994.

``SEC. 2127. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

    ``(a) In General.--Each local educational agency that desires a 
subgrant under this subpart shall submit an application to the State 
educational agency at such time as the State educational agency may 
require, but not less frequently than every 3 years.
    ``(b) Contents.--Each application under this section shall 
include--
            ``(1) the local educational agency's plan for professional 
        development that--
                    ``(A) has been developed with the extensive 
                participation of teachers, administrators, staff, and 
                pupil services personnel;
                    ``(B) is aligned with the State's challenging State 
                content standards and challenging State student 
                performance standards;
                    ``(C) includes an assessment of local needs for 
                professional development as identified by the local 
                educational agency and school staff;
                    ``(D) describes a strategy, tied to challenging 
                State content standards and challenging State student 
                performance standards, for addressing those needs;
                    ``(E) includes strong academic content and 
                pedagogical components;
                    ``(F) takes into account the need for greater 
                access to and participation in the core academic 
                subjects, especially in mathematics and science, by 
                students from historically underrepresented groups;
                    ``(G) is of sufficient intensity and duration to 
                have a positive and lasting impact on the student's 
                performance in the classroom; and
                    ``(H) sets specific outcome performance indicators;
            ``(2) an assurance that the activities conducted with the 
        funds such agency received under this subpart will be assessed 
        at least every three years using the outcome performance 
        indicators to determine the effectiveness of such activities;
            ``(3) a description of how the programs funded under this 
        subpart will be coordinated, as appropriate, with--
                    ``(A) services of educational service agencies;
                    ``(B) services of institutions of higher education;
                    ``(C) State and local funds;
                    ``(D) resources provided under part A of title I 
                and other provisions of this Act;
                    ``(E) resources from business, industry, museums, 
                libraries, educational television stations, and public 
                and private nonprofit organizations of demonstrated 
                experience;
                    ``(F) resources provided under parts B, D and H of 
                the Individuals with Disabilities Education Act; and
                    ``(G) funds received from other Federal agencies, 
                such as the National Science Foundation, the Department 
                of Energy, the Department of Health and Human Services, 
                the National Endowment for the Arts, the Institute of 
                Museum Services, and the National Endowment for the 
                Humanities;
            ``(4) an identification of the sources of funding that will 
        provide the local educational agency's contribution under 
        section 2128; and
            ``(5) a description of the strategies to be employed to 
        more fully and effectively involve parents in the education of 
        their children.
    ``(c) Duration of the Plan.--Each local plan described in 
subsection (b)(1) shall--
            ``(1) remain in effect for the duration of the local 
        educational agency's participation under this subpart; and
            ``(2) be periodically reviewed and revised by the local 
        educational agency, as necessary, to reflect changes in the 
        local educational agency's strategies and programs under this 
        subpart.

``SEC. 2128. LOCAL COST-SHARING.

    ``(a) In General.--Each local educational agency shall provide at 
least 33 percent of the cost of the activities assisted under this 
subpart, excluding the cost of services provided to private school 
teachers.
    ``(b) Available Resources for Cost-Sharing.--
            ``(1) In general.--A local educational agency may meet the 
        requirement of subsection (a) through one or more of the 
        following:
                    ``(A) Cash expenditures from non-Federal sources 
                directed toward professional development activities.
                    ``(B) Release time for teachers participating in 
                professional development assisted under this subpart.
                    ``(C) Funds received under one or more of the 
                following programs, so long as such funds are used for 
                professional development activities consistent with 
                this subpart and the statutes under which such funds 
                were received, and are used to benefit students and 
                teachers in schools that otherwise would have been 
                served with such funds:
                            ``(i) Part A of title I.
                            ``(ii) Parts B and D of the Individuals 
                        with Disabilities Education Act.
                            ``(iii) The Safe and Drug-Free Schools and 
                        Communities program under part A of title V.
                            ``(iv) Bilingual Education Programs under 
                        part A of title VII.
                            ``(v) The Women's Educational Equity Act of 
                        1994.
                            ``(vi) Title III of the Goals 2000: Educate 
                        America Act.
                            ``(vii) Programs that are related to the 
                        purposes of this Act that are administered by 
                        other Federal agencies, including the National 
                        Science Foundation, the National Endowment for 
                        the Humanities, the National Endowment for the 
                        Arts, the Institute of Museum Services, and the 
                        Department of Energy.
            ``(2) Special rule.--A local educational agency may meet 
        the requirement of subsection (a) through contributions 
        described in paragraph (1) that are provided in cash or in 
        kind, fairly evaluated.

``SEC. 2129. LOCAL ALLOCATION OF FUNDS AND ALLOWABLE ACTIVITIES.

    ``(a) Local Allocation of Funds.--Each local educational agency 
that receives funds under this subpart for any fiscal year--
            ``(1) shall use at least 80 percent of such funds for 
        professional development of teachers, administrators, pupil 
        services personnel, parents, and other staff of individual 
        schools in a manner that--
                    ``(A) is determined by such teachers and staff;
                    ``(B) to the extent practicable, takes place at the 
                individual school site; and
                    ``(C) is consistent with the local educational 
                agency's application under section 2127, any school 
                plan under part A of title I, and any other plan for 
                professional development carried out with Federal, 
                State, or local funds that emphasizes sustained, 
                ongoing activities; and
            ``(2) may use not more than 20 percent of such funds for 
        school district-level professional development activities, 
        including the participation of administrators, policymakers, 
        and parents.
    ``(b) Authorized Activities.--Each local educational agency and 
school that receives funds under this subpart shall use such funds for 
activities that contribute to the implementation of the local 
educational agency's professional development plan described in section 
2127(b)(1), such as--
            ``(1) professional development for teams of teachers, 
        administrators, pupil services personnel, or other staff from 
        individual schools, to support teaching consistent with 
        challenging State content standards and challenging State 
        student performance standards and to create a school 
        environment conducive to high achievement in the core academic 
        subjects;
            ``(2) support and time, which in the case of teachers may 
        include release time with pay, for teachers, pupil services 
        personnel, and other school staff to enable such teachers, 
        personnel, and staff to participate in professional development 
        in the core academic subjects that are offered through 
        professional associations, universities, and other providers 
        such as community-based organizations, science centers and 
        museums;
            ``(3) support and time, which in the case of teachers may 
        include release time with pay, for teachers, pupil services 
        personnel and other school staff to participate in professional 
        development that goes beyond training and encourages a variety 
        of forms of learning that are related to an educator's regular 
        work, such as group study and consultation with peers and 
        supervisors;
            ``(4) support and time for teachers, pupil services 
        personnel and other school staff to learn and implement 
        effective collaboration--
                    ``(A) for the instruction of children with 
                disabilities placed into general education settings, 
                consistent with such child's individualized education 
                program; and
                    ``(B) in prevention and intervention strategies to 
                alleviate the need for, or assure appropriate, 
                referrals of children for special education services;
            ``(5) professional development which incorporates effective 
        strategies, techniques, methods, and practices for meeting the 
        educational needs of diverse groups of students, including 
        females, minorities, individuals with disabilities, limited-
        English proficient individuals and economically disadvantaged 
        individuals;
            ``(6) peer training and mentoring programs, including 
        cross-generational mentoring, in the core academic subjects and 
        in the developmental, social, emotional and mental health needs 
        of children;
            ``(7) establishment and maintenance of local professional 
        networks that provide a forum for interaction among teachers 
        and pupil services personnel and that allow exchange of 
        information on advances in content and pedagogy;
            ``(8) activities that provide followup for teachers who 
        have participated in professional development activities that 
        are designed to ensure that the knowledge and skills learned by 
        the teacher are implemented in the classroom;
            ``(9) preparing teachers and pupil services personnel to 
        work with parents and families on fostering student achievement 
        in the core academic subjects;
            ``(10) preparing teachers in the effective use of 
        educational technology and assistive technology as 
        instructional tools for increasing student understanding of the 
        core academic subjects;
            ``(11) establishing policies to permit teachers to meet pay 
        ladder requirements by demonstrating content and pedagogical 
        competence rather than by only meeting course requirements;
            ``(12) professional development to enable teachers, pupil 
        services personnel, and other school staff to ensure that girls 
        and young women, minorities, limited-English proficient 
        students, individuals with disabilities, and the economically 
        disadvantaged have full opportunity to achieve to challenging 
        State content standards and challenging State student 
        performance standards in the core academic subjects;
            ``(13) professional development activities designed to 
        increase the numbers of minorities, individuals with 
        disabilities, and other underrepresented groups in the teaching 
        force and to increase the numbers of women and members of other 
        underrepresented groups who are science and mathematics 
        teachers, for example, through career ladder programs that 
        assist educational paraprofessionals to obtain teaching 
        credentials;
            ``(14) professional development activities and other 
        support for new teachers as such teachers transition into the 
        classroom to provide such teachers with practical support and 
        increase retention;
            ``(15) professional development for teachers, parents, 
        early childhood educators, administrators, and other staff to 
        support activities and services related to the Transition to 
        Success program developed under part B of title I;
            ``(16) developing incentive strategies for rewarding 
        teachers, administrators, and pupil services personnel 
        collectively in schools that sustain high performance or 
        consistent growth in the number of their students who meet the 
        challenging State content standards and challenging State 
        student performance standards;
            ``(17) providing financial or other incentives for teachers 
        to become certified by nationally recognized professional 
        teacher enhancement programs;
            ``(18) developing strategies and programs to more 
        effectively involve parents in the education of their children;
            ``(19) professional development activities designed to 
        increase the number of women and other underrepresented groups 
        in the administration of schools;
            ``(20) release time with pay for teachers;
            ``(21) professional development in experiential-based 
        teaching methods such as service learning; and
            ``(22) support for partnerships between (A) schools, 
        consortia of schools, or local educational agencies, and (B) 
        institutions of higher education, including schools of 
        education, that encourage teachers to participate in intensive, 
        ongoing professional development programs, both academic and 
        pedagogical, at institutions of higher education, and encourage 
        students at institutions of higher education studying to become 
        teachers to have direct, practical experience at schools.

``SEC. 2130. HIGHER EDUCATION ACTIVITIES.

    ``(a) In General.--
            ``(1) In general.--From amounts made available under 
        section 2123(2), the State agency for higher education, working 
        in conjunction with the State educational agency (if such 
        agencies are separate), shall award grants to, or enter into 
        contracts or cooperative agreements with, institutions of 
        higher education or private nonprofit organizations working in 
        conjunction with local educational agencies, for professional 
        development activities in the core academic subjects that 
        contribute to the State plan for professional development.
            ``(2) Competitive basis.--Each grant, contract or 
        cooperative agreement described in paragraph (1) shall be 
        awarded on a competitive basis.
            ``(3) Joint efforts.--Each activity assisted under this 
        section, where applicable, shall involve the joint effort of 
        the institution of higher education's school or department of 
        education, if any, and the schools or departments in the 
        specific disciplines in which such professional development 
        will be provided.
    ``(b) Allowable Activities.--A recipient of funds under this 
section shall use such funds for--
            ``(1) sustained and intensive high-quality professional 
        development for teams of teachers, or teachers, pupil services 
        personnel and administrators from individual schools or school 
        districts;
            ``(2) preservice training activities; and
            ``(3) other sustained and intensive professional 
        development activities related to achievement of the State plan 
        for professional development.
    ``(c) Partnerships.--Each institution of higher education receiving 
a grant under this section may also enter into a partnership with a 
private industry, museum, library, educational television station, or 
public or private nonprofit organization of demonstrated experience to 
carry out professional development activities assisted under this 
section.

``SEC. 2131. CONSORTIUM REQUIREMENT.

    ``(a) In General.--Any local educational agency receiving a grant 
under this part of less than $10,000 shall form a consortium with 
another local educational agency or an educational service agency 
serving another local educational agency to be eligible to participate 
in programs assisted under this part.
    ``(b) Waiver.--The Chief State School Officer may waive the 
requirements of subsection (a) if distances or traveling time between 
schools make formation of the consortium more costly or less effective.
    ``(c) Special Rule.--Each consortium shall rely, as much as 
possible, on technology or other arrangements to deliver staff 
development tailored to the needs of each school or school district 
participating in a consortium described in subsection (a).

      ``Subpart 3--Professional Development Demonstration Project

``SEC. 2141. FINDINGS AND PURPOSE.

    ``(a) Findings.--The Congress finds that--
            ``(1) underlying the standards-driven framework of the 
        Goals 2000: Educate America Act and the high academic standards 
        for eligible students under title I is a widespread need to 
        prepare teachers to teach to higher standards;
            ``(2) prospective and current teachers need knowledge and 
        skills beyond what such teachers currently possess;
            ``(3) while both the Goals 2000: Educate America Act and 
        titles I and II have extensive references to professional 
        development of teachers, there are no provisions to incorporate 
        `on-the-ground' planning and implementation to serve as models 
        for local educational agencies across the Nation; and
            ``(4) better prepared teachers can lead to improved student 
        achievement, especially for students who are furthest from 
        reaching high standards.
    ``(b) Purpose.--It is the purpose of this subpart--
            ``(1) to address the need for professional development with 
        a primary focus on teachers;
            ``(2) to provide both prospective teachers and current 
        teachers opportunities to learn both the content and the 
        pedagogy needed to teach to high standards; and
            ``(3) to build models, in a few cities and States, that 
        demonstrate new organizational arrangements and deep 
        investments in teachers necessary to better prepare teachers 
        for new standards and assessments.

``SEC. 2142. DEMONSTRATION PROGRAM AUTHORIZED.

    ``(a) General Authority.--
            ``(1) In general.--The Secretary shall carry out a 
        demonstration project under which the Secretary awards grants 
        in accordance with this subpart to eligible partnerships to 
        enable such partnerships to plan and implement professional 
        development programs.
            ``(2) Program requirements.--The programs described in 
        paragraph (1)--
                    ``(A) shall focus on increasing teachers' knowledge 
                and understanding of content by providing teachers 
                opportunities to improve their knowledge and to improve 
                their classroom practice in order to help students meet 
                high academic standards;
                    ``(B) shall include teachers at all career stages, 
                from student teachers or interns through senior team 
                leaders or department chairs; and
                    ``(C) may incorporate professional development for 
                principals, pupil services personnel, aides, other 
                school-based staff, and parents.
    ``(b) Eligible Partnerships.--For the purpose of this subpart the 
term `eligible partnership' means a partnership consisting of--
            ``(1) a local educational agency, a subunit of such agency, 
        or a consortium of such agencies, in which at least 50 percent 
        of the schools served by such agency, subunit, or consortium 
        are eligible to participate in schoolwide programs under 
        section 1114; or
            ``(2) other partners that--
                    ``(A) shall include, at a minimum, a teachers' 
                union (if appropriate), one or more institutions of 
                higher education which may include faculty from schools 
                of education and faculty from schools of arts and 
                sciences, and a local parent or community council; and
                    ``(B) may include a business partner or a nonprofit 
                organization with a demonstrated record in staff 
                development.

``SEC. 2143. GRANTS.

    ``(a) Authority.--
            ``(1) In general.--The Secretary shall award grants for 
        planning, and grants for the implementation of, professional 
        development programs under this subpart.
            ``(2) Distribution.--The Secretary shall award not less 
        than 75 percent of the funds available for grants under this 
        part to eligible partnerships serving the schools with the 
        greatest number of poor students. To the extent possible, such 
        grants shall be awarded to eligible partnerships serving both 
        rural and urban school districts and in a manner that reflects 
        geographic and racial diversity.
            ``(3) Number of grants.--In the first year that the 
        Secretary awards grants under this subpart, the Secretary shall 
        award at least twice as many planning grants as implementation 
        grants in order to receive well-developed plans for long-term 
        funding under this subpart.
    ``(b) Grant Requirements.--
            ``(1) Duration.--The Secretary shall award--
                    ``(A) planning grants under this subpart for a 
                period of not less than 6 months and not more than 9 
                months; and
                    ``(B) implementation grants under this subpart for 
                a period of four fiscal years.
            ``(2) Amount.--The Secretary shall award grants under this 
        subpart in an amount determined on the basis of the size of the 
        program and the level of investment the eligible partnership is 
        making in teacher development in the area served by the 
        eligible partnership, including local, State, and Federal funds 
        and existing higher education resources, except that no grant 
        under this subpart shall exceed $500,000 in any one fiscal 
        year.

``SEC. 2144. PLAN.

    ``Each eligible partnership desiring assistance under this subpart 
shall develop a plan for the program to be assisted under this subpart. 
Such plan shall--
            ``(1) identify clearly how such plan will support an 
        overall systemic reform strategy giving special attention to 
        the role of teacher preparation for new standards and 
        assessment;
            ``(2) describe the eligible partnership's instructional 
        objectives and how the professional development activities will 
        support such objectives;
            ``(3) specify the organizational arrangements and delivery 
        strategies to be used, such as teacher centers, professional 
        development schools, teacher networks, academic alliances, as 
        well as the curriculum for teachers;
            ``(4) specify the commitments the local educational 
        agencies, teacher's union, institutions of higher education or 
        any other entity participating in such partnership are prepared 
        to make, not only to support program activities such as release 
        time, contractual flexibility, support for interns or student 
        teachers if applicable, but also to sustain the central aspects 
        of the plan after the expiration of the grant; and
            ``(5) describe how the activities described under this 
        subpart will lead to districtwide policy and budget changes.

``SEC. 2145. TECHNICAL ASSISTANCE.

    ``The Secretary is authorized to enter into an arrangement with an 
intermediary organization to enable such organization to provide 
technical assistance to eligible partnerships receiving assistance 
under this subpart.

``SEC. 2146. MATCHING FUNDS.

    ``The Secretary shall give special priority to awarding grants 
under this subpart to eligible partnerships that demonstrate such 
partnership's ability to raise matching funds from private sources.

                    ``Subpart 4--General Provisions

``SEC. 2151. REPORTING AND ACCOUNTABILITY.

    ``(a) States.--Each State that receives funds under this part shall 
submit a report to the Secretary every three years, beginning with 
fiscal year 1997, on the State's progress toward the outcome 
performance indicators identified in such State's State plan, as well 
as on the effectiveness of State and local activities assisted under 
this part.
    ``(b) Local Educational Agencies.--Each local educational agency 
that receives funds under this part shall submit a report to the State 
every three years, beginning with fiscal year 1997, regarding the 
progress of such agency toward outcome performance indicators 
identified in such agency's local plan, as well as on the effectiveness 
of such agency's activities under this part.
    ``(c) Federal Evaluation.--The Secretary shall report to the 
President and the Congress on the effectiveness of programs and 
activities assisted under this part in accordance with section 10701.

``SEC. 2152. DEFINITIONS.

    ``As used in this part--
            ``(1) the term `core academic subjects' means subjects such 
        as English, mathematics, science, foreign languages, civics and 
        government, economics, arts, history, and geography;
            ``(2) the term `sustained and intensive high-quality 
        professional development' means professional development 
        activities that--
                    ``(A) are tied to challenging State content 
                standards, challenging State student performance 
                standards, voluntary national content standards or 
                voluntary national student performance standards;
                    ``(B) reflect up-to-date research in teaching and 
                learning and include integrated content and pedagogical 
                components appropriate for students with diverse 
                learning needs;
                    ``(C) are of sufficient intensity and duration to 
                have a positive and lasting impact on the teacher's 
                performance in the classroom or the administrator's 
                performance on the job; and
                    ``(D) recognize teachers as an important source of 
                knowledge that should inform and help shape 
                professional development;
            ``(3) the term `outcome performance indicators' means 
        measures of specific outcomes that the State or local 
        educational agency identify as assessing progress toward the 
        goal of ensuring that all teachers have the knowledge and 
        skills necessary to assist their students to meet challenging 
        State content standards and challenging State student 
        performance standards in the core academic subjects, such as--
                    ``(A) the degree to which licensure requirements 
                are tied to challenging State content standards and 
                challenging State student performance standards;
                    ``(B) specific increases in the number of teachers 
                who are certified by the National Board for 
                Professional Teaching Standards or other nationally 
                recognized professional teacher enhancement 
                organizations;
                    ``(C) pass rates on teacher examinations for 
                initial and continuing certification or licensure;
                    ``(D) specific increases in the number of 
                elementary and secondary teachers with strong content 
                backgrounds in the core academic subjects; and
                    ``(E) specific increases in the number of teachers 
                licensed in each core academic subject; and
            ``(4) the term `prevention', when used with respect to 
        strategies, includes activities conducted to--
                    ``(A) detect and overcome early manifestations of 
                learning, health and social, and behavioral, problems 
                that may impede later student learning and school 
                achievement;
                    ``(B) prevent students from failing to achieve 
                commensurate with their abilities; and
                    ``(C) alleviate the need, or increase the 
                probability of appropriate referrals, for special 
                education services.

                   ``PART B--NATIONAL WRITING PROJECT

``SEC. 2201. SHORT TITLE.

    ``This part may be cited as the `National Writing Project Act'.

``SEC. 2202. FINDINGS.

    ``The Congress finds that--
            ``(1) the United States faces a crisis in writing in 
        schools and in the workplace;
            ``(2) the writing problem has been magnified by the rapidly 
        changing student populations in the Nation's schools and the 
        growing number of students who are at risk because of limited 
        English proficiency;
            ``(3) over the past 2 decades, universities and colleges 
        across the country have reported increasing numbers of entering 
        freshmen who are unable to write at a level equal to the 
        demands of college work;
            ``(4) American businesses and corporations are concerned 
        about the limited writing skills of entry-level workers, and a 
        growing number of executives are reporting that advancement was 
        denied to such executives due to inadequate writing abilities;
            ``(5) writing and reading are both fundamental to learning, 
        yet writing has been historically neglected in the schools and 
        colleges, and most teachers in the United States elementary 
        schools, secondary schools, and colleges have not been trained 
        to teach writing;
            ``(6) since 1973, the only national program to address the 
        writing problem in the Nation's schools has been the National 
        Writing Project, a network of collaborative university-school 
        programs whose goal is to improve the quality of student 
        writing and the teaching of writing at all grade levels and to 
        extend the uses of writing as a learning process through all 
        disciplines;
            ``(7) the National Writing Project offers summer and school 
        year inservice teacher training programs and a dissemination 
        network to inform and teach teachers of developments in the 
        field of writing;
            ``(8) the National Writing Project is a nationally 
        recognized and honored nonprofit organization that recognizes 
        that there are teachers in every region of the United States 
        who have developed successful methods for teaching writing and 
        that such teachers can be trained and encouraged to train other 
        teachers;
            ``(9) the National Writing Project has become a model for 
        programs to improve teaching in such other fields as 
        mathematics, science, history, literature, performing arts, and 
        foreign languages;
            ``(10) the National Writing Project teacher-teaching-
        teachers program identifies and promotes what is working in the 
        classrooms of the Nation's best teachers;
            ``(11) the National Writing Project teacher-teaching-
        teachers project is a positive program that celebrates good 
        teaching practices and good teachers and through its work with 
        schools increases the Nation's corps of successful classroom 
        teachers;
            ``(12) evaluations of the National Writing Project document 
        the positive impact the project has had on improving the 
        teaching of writing, student performance, and student thinking 
        and learning ability;
            ``(13) the National Writing Project programs offer career-
        long education to teachers, and teachers participating in the 
        National Writing Project receive graduate academic credit;
            ``(14) each year over 100,000 teachers voluntarily seek 
        training in National Writing Project intensive summer 
        institutes and workshops and school-year inservice programs 
        through one of the 154 regional sites located in 45 States, the 
        Commonwealth of Puerto Rico, and in four sites that serve 
        United States teachers teaching in United States dependent and 
        independent schools;
            ``(15) 250 National Writing Project sites are needed to 
        establish regional sites to serve all teachers;
            ``(16) private foundation resources, although generous in 
        the past, are inadequate to fund all of the National Writing 
        Project sites needed and the future of the program is in 
        jeopardy without secure financial support;
            ``(17) independent evaluation studies have found the 
        National Writing Project to be highly cost-effective compared 
        to other professional development programs for teachers; and
            ``(18) during 1991, the first year of Federal support for 
        the National Writing Project, the National Writing Project 
        matched the $1,951,975 in Federal support with $9,485,504 in 
        matching funds from State, local, and other sources.

``SEC. 2203. NATIONAL WRITING PROJECT.

    ``(a) Authorization.--The Secretary is authorized to make a grant 
to the National Writing Project (hereafter in this section referred to 
as the `grantee'), a nonprofit educational organization which has as 
its primary purpose the improvement of the quality of student writing 
and learning, and the teaching of writing as a learning process in the 
Nation's classrooms--
            ``(1) to support and promote the establishment of teacher 
        training programs, including the dissemination of effective 
        practices and research findings regarding the teaching of 
        writing and administrative activities;
            ``(2) to support classroom research on effective teaching 
        practice and to document student performance;
            ``(3) to coordinate activities assisted under this section 
        with activities assisted under part A; and
            ``(4) to pay the Federal share of the cost of such 
        programs.
    ``(b) Requirements of Grant.--The grant shall provide that--
            ``(1) the grantee will enter into contracts with 
        institutions of higher education or other nonprofit educational 
        providers (hereafter in this section referred to as 
        `contractors') under which the contractors will agree to 
        establish, operate, and provide the non-Federal share of the 
        cost of teacher training programs in effective approaches and 
        processes for the teaching of writing;
            ``(2) funds made available by the Secretary to the grantee 
        pursuant to any contract entered into under this section will 
        be used to pay the Federal share of the cost of establishing 
        and operating teacher training programs as provided in 
        paragraph (1); and
            ``(3) the grantee will meet such other conditions and 
        standards as the Secretary determines to be necessary to assure 
        compliance with the provisions of this section and will provide 
        such technical assistance as may be necessary to carry out the 
        provisions of this section.
    ``(c) Teacher Training Programs.--The teacher training programs 
authorized in subsection (a) shall--
            ``(1) be conducted during the school year and during the 
        summer months;
            ``(2) train teachers who teach grades kindergarten through 
        college;
            ``(3) select teachers to become members of a National 
        Writing Project teacher network whose members will conduct 
        writing workshops for other teachers in the area served by each 
        National Writing Project site; and
            ``(4) encourage teachers from all disciplines to 
        participate in such teacher training programs.
    ``(d) Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2) or 
        (3) and for purposes of subsection (a), the term `Federal 
        share' means, with respect to the costs of teacher training 
        programs authorized in subsection (a), 50 percent of such costs 
        to the contractor.
            ``(2) Waiver.--The Secretary may waive the provisions of 
        paragraph (1) on a case-by-case basis if the National Advisory 
        Board described in subsection (f) determines, on the basis of 
        financial need, that such waiver is necessary.
            ``(3) Maximum.--The Federal share of the costs of teacher 
        training programs conducted pursuant to subsection (a) may not 
        exceed $40,000 for any one contractor, or $200,000 for a 
        statewide program administered by any one contractor in at 
        least five sites throughout the State.
    ``(e) Classroom Teacher Grants.--
            ``(1) In general.--The National Writing Project may reserve 
        an amount not to exceed 5 percent of the amount appropriated 
        pursuant to the authority of this section to make grants, on a 
        competitive basis, to elementary and secondary school teachers 
        to enable such teachers to--
                    ``(A) conduct classroom research;
                    ``(B) publish models of student writing;
                    ``(C) conduct research regarding effective 
                practices to improve the teaching of writing; and
                    ``(D) conduct other activities to improve the 
                teaching and uses of writing.
            ``(2) Supplement and not supplant.--Grants awarded pursuant 
        to paragraph (1) shall be used to supplement and not supplant 
        State and local funds available for the purposes set forth in 
        paragraph (1).
            ``(3) Maximum grant amount.--Each grant awarded pursuant to 
        this subsection shall not exceed $2,000.
    ``(f) National Advisory Board.--
            ``(1) Establishment.--The National Writing Project shall 
        establish and operate a National Advisory Board.
            ``(2) Composition.--The National Advisory Board established 
        pursuant to paragraph (1) shall consist of--
                    ``(A) national educational leaders;
                    ``(B) leaders in the field of writing; and
                    ``(C) such other individuals as the National 
                Writing Project deems necessary.
            ``(3) Duties.--The National Advisory Board established 
        pursuant to paragraph (1) shall--
                    ``(A) advise the National Writing Project on 
                national issues related to student writing and the 
                teaching of writing;
                    ``(B) review the activities and programs of the 
                National Writing Project; and
                    ``(C) support the continued development of the 
                National Writing Project.
    ``(g) Evaluation.--The Secretary shall conduct an independent 
evaluation by grant or contract of the teacher training programs 
administered pursuant to this Act in accordance with section 10701. 
Such evaluation shall specify the amount of funds expended by the 
National Writing Project and each contractor receiving assistance under 
this section for administrative costs. The results of such evaluation 
shall be made available to the appropriate committees of the Congress.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for the grant to the National Writing Project, $4,000,000 
for fiscal year 1995, and such sums as may be necessary for each of the 
4 succeeding fiscal years, to carry out the provisions of this section.

           ``PART C--SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS

              ``Subpart 1--Comprehensive Regional Centers

``SEC. 2301. FINDINGS.

    ``The Congress finds that--
            ``(1) high-quality technical assistance can enhance the 
        improvements in teaching and learning achieved through the 
        implementation of programs assisted under this Act;
            ``(2) comprehensive technical assistance is an essential 
        ingredient of the overall strategy of the Improving America's 
        Schools Act of 1994 to improve programs and to provide all 
        children opportunities to meet challenging State content 
        standards and challenging State student performance standards;
            ``(3) States, local educational agencies, and schools 
        serving students with special needs, such as students with 
        limited-English proficiency and students with disabilities, 
        have great need for comprehensive technical assistance in order 
        to use funds under this Act to provide such students with 
        opportunities to learn to challenging State content standards 
        and challenging State student performance standards;
            ``(4) current technical assistance efforts are fragmented 
        and categorical in nature, and thus fail to address adequately 
        the needs of States and local educational agencies for help in 
        integrating into a coherent strategy for improving teaching and 
        learning the various programs under this Act with State and 
        local programs and other education reform efforts;
            ``(5) too little creative use is made of technology as a 
        means of providing information and assistance in a cost-
        effective way;
            ``(6) comprehensive technical assistance can help schools 
        and school systems focus on improving opportunities for all 
        children to meet challenging State content standards and 
        challenging State student performance standards, as such 
        schools and systems implement programs under this Act;
            ``(7) comprehensive technical assistance will provide one-
        stop shopping to help States, local educational agencies, 
        participating colleges and universities, and schools integrate 
        Federal, State, local education and pupil services programs in 
        ways that contribute to improving schools and entire school 
        systems; and
            ``(8) technical assistance in support of programs assisted 
        under this Act should be coordinated with the Department's 
        regional offices, the regional educational laboratories, and 
        other technical assistance efforts supported by the Department.

``SEC. 2302. PURPOSE.

    ``The purpose of this part is to make available to States, local 
educational agencies, schools, and other recipients of funds under this 
Act technical assistance in--
            ``(1) administering and implementing programs authorized by 
        this Act;
            ``(2) implementing school reform programs; and
            ``(3) coordinating such programs with other Federal, State, 
        and local education activities, so that all students are 
        provided opportunities to meet challenging State content 
        standards and challenging State student performance standards.

``SEC. 2303. PROGRAM AUTHORIZED.

    ``(a) Comprehensive Regional Centers.--Notwithstanding section 
6205, the Secretary is authorized to establish one center in each of 
the Department's ten regions, and one center at the Pacific Regional 
Education Laboratory in Honolulu, Hawaii, and may establish field 
offices for each such center, in order to provide comprehensive 
technical assistance to States, local educational agencies, schools, 
and other recipients of funds under this Act in the administration and 
implementation of programs authorized by this Act. In allocating 
resources among the centers, the Secretary shall consider the 
geographic distribution of students with special needs.
    ``(b) Technology-Based Technical Assistance.--The Secretary is 
authorized to provide a technology-based technical assistance service 
that will--
            ``(1) support the administration and implementation of 
        programs authorized by this Act by providing information, 
        including legal and regulatory information, and technical 
        guidance and information about best practices; and
            ``(2) be accessible to all States, local educational 
        agencies, schools, community-based organizations, and others 
        who are recipients of funds under this Act.

``SEC. 2304. ELIGIBLE ENTITIES.

    ``The Secretary may carry out this part directly or through grants 
to, or contracts or cooperative agreements with, public or private 
agencies or organizations or consortia of such agencies and 
organizations.

``SEC. 2305. COMPREHENSIVE REGIONAL CENTERS.

    ``Each comprehensive regional center established under section 
2303(a) shall--
            ``(1) maintain staff expertise in at least all of the 
        following areas:
                    ``(A) instruction, curriculum improvement, school 
                reform, pupil services, and other aspects of title I;
                    ``(B) meeting the needs of children served under 
                this Act, including children in high-poverty areas, 
                migratory children, children with limited-English 
                proficiency, neglected or delinquent children, homeless 
                children and youth, Indian children, and children with 
                disabilities;
                    ``(C) professional development for teachers, pupil 
                services personnel, other school staff, and 
                administrators to help students meet challenging State 
                content standards and challenging State student 
                performance standards;
                    ``(D) bilingual education, including programs that 
                emphasize English and native language proficiency, and 
                promote multicultural understanding;
                    ``(E) safe and drug-free schools;
                    ``(F) educational applications of technology;
                    ``(G) parent involvement and participation;
                    ``(H) the reform of schools and school systems;
                    ``(I) the special needs of students living in rural 
                areas and the special needs of local educational 
                agencies serving rural areas; and
                    ``(J) program evaluation;
            ``(2) ensure that technical assistance staff have 
        sufficient training, knowledge, and expertise in how to 
        integrate and coordinate programs assisted under this Act, as 
        well as integrating and coordinating programs assisted under 
        this Act with other Federal, State, and local programs and 
        reforms;
            ``(3) work collaboratively with the Department's regional 
        offices;
            ``(4) provide technical assistance using the highest 
        quality and most cost-effective strategies possible;
            ``(5) provide information and assistance regarding 
        exemplary and promising practices;
            ``(6) work collaboratively, and coordinate the services 
        such center provides, with the general reform assistance 
        provided by the regional educational laboratories and the 
        National Diffusion Network State Facilitators supported by the 
        Office of Educational Research and Improvement; and
            ``(7) consult with representatives of State educational 
        agencies, local educational agencies, and populations served 
        under this Act.

``SEC. 2306. INFORMATION COLLECTION AND EVALUATION.

    ``The Secretary shall evaluate activities assisted under this part, 
and shall report to the President and the Congress on the effectiveness 
of such activities by January 1, 1998.

``SEC. 2307. TRANSITION.

    ``(a) In General.--The Secretary shall use funds appropriated to 
carry out this part for at least fiscal years 1995 and 1996 in order to 
ensure an orderly transition and phase-in of the comprehensive regional 
centers assisted under this subpart.
    ``(b) Extension of Previous Centers.--In accordance with subsection 
(a), and notwithstanding any other provisions of law, the Secretary 
shall use funds appropriated to carry out this part to draw on the 
expertise of staff and services from existing categorical assistance 
centers assisted under this Act (as such Act was in existence on the 
day preceding the date of enactment of the Improving America's Schools 
Act of 1994) and, where appropriate and feasible, to continue to 
support, through grants or the extension of awards, such centers in 
order to ensure that services will not be interrupted, curtailed, or 
substantially diminished.

``SEC. 2308. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this subpart, there are 
authorized to be appropriated $70,000,000 for fiscal year 1995 and such 
sums as may be necessary for each of the 4 succeeding fiscal years.

                ``Subpart 2--National Diffusion Network

``SEC. 2311. PROGRAM AUTHORIZED.

    ``(a) In General.--In order to increase the effectiveness of the 
comprehensive regional centers established under subpart 1 and to 
promote school reform, the Secretary shall carry out a State-based 
outreach, consultation, and dissemination program through the National 
Diffusion Network and its State Facilitators. To carry out such 
program, the Secretary shall make one or more awards in each State to 
public educational agencies or public or private nonprofit educational 
organizations or institutions to assist State and local educational 
agencies, schools, and other appropriate educational entities in that 
State to identify and implement exemplary or promising educational 
programs and practices.
    ``(b) State Facilitator Activities.--The National Diffusion Network 
State Facilitators for each State shall--
            ``(1) identify educational programs and practices for 
        possible dissemination throughout the State and Nation;
            ``(2) identify needs for assistance throughout the State, 
        including educational technology needs;
            ``(3) provide professional development and technical 
        assistance services;
            ``(4) promote and facilitate teacher networks throughout 
        the State; and
            ``(5) provide such other outreach, coordination, and 
        dissemination services as may be necessary to achieve the 
        purposes of this subpart.
    ``(c) Coordination and Administration.--
            ``(1) Coordination.--The National Diffusion Network State 
        Facilitators shall work in close cooperation, and coordinate 
        their activities, with the comprehensive regional centers 
        established under subpart 1.
            ``(2) Administration.--The National Diffusion Network State 
        Facilitators program shall be administered by the Office of 
        Reform Assistance and Dissemination established under section 
        941(b) of the Educational Research, Development, Dissemination, 
        and Improvement Act of 1994.
    ``(d) National Diffusion Network Effective Programs and Promising 
Practices System.--The Secretary shall develop a system of validating 
effective programs and promising practices for dissemination through 
the National Diffusion Network. Such system may include exemplary 
programs funded through any office of the Department, the National 
Science Foundation, or other Federal agencies. Such system shall be 
coordinated, aligned with, and administered by the Office of Reform 
Assistance and Dissemination established under section 941(b) of the 
Educational Research, Development, Dissemination, and Improvement Act 
of 1994. The Secretary shall give priority to identifying, validating, 
and disseminating effective schoolwide projects, programs addressing 
the needs of high poverty schools, and programs with the capacity to 
offer high-quality, sustained technical assistance. The Office of 
Educational Research and Improvement Office of Reform Assistance and 
Dissemination shall also administer a grant program for the purpose of 
dissemination and the provision of technical assistance regarding such 
system.

``SEC. 2312. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this subpart, there are 
authorized to be appropriated $25,000,000 for fiscal year 1995 and such 
sums as may be necessary for each of the 4 succeeding fiscal years.

  ``Subpart 3--Eisenhower Regional Mathematics and Science Education 
                              Consortiums

``SEC. 2321. PROGRAM ESTABLISHED.

    ``(a) In General.--
            ``(1) Grants authorized.--The Secretary, in consultation 
        with the Director of the National Science Foundation, is 
        authorized to award grants or contracts to eligible entities to 
        enable such entities to establish and operate regional 
        mathematics and science education consortia for the purpose 
        of--
                    ``(A) disseminating exemplary mathematics and 
                science education instructional materials; and
                    ``(B) providing technical assistance for the 
                implementation of teaching methods and assessment tools 
                for use by elementary and secondary school students, 
                teachers and administrators.
            ``(2) Number.--The Secretary shall, in accordance with the 
        provisions of this section, award at least 1 grant or contract 
        to an eligible entity in each region.
            ``(3) Special rule.--In any fiscal year, if the amount made 
        available pursuant to section 2328 is less than $4,500,000, 
        then the Secretary may waive the provisions of paragraph (2) 
        and award grants or contracts of sufficient size, scope and 
        quality to carry out this section.
            ``(4) Designation.--Each regional consortium assisted under 
        this section shall be known as an `Eisenhower regional 
        consortium'.
    ``(b) Grant Term and Review.--Grants or contracts under this 
subpart shall be awarded for a period of not more than 5 years and 
shall be reviewed before the end of the 30-month period beginning on 
the date the grant or contract is awarded. Grants or contracts under 
this subpart shall be awarded before the end of the 12-month period 
beginning on the date of the enactment of an Act making appropriations 
to carry out the provisions of this subpart.
    ``(c) Amount.--In awarding grants or contracts under this subpart, 
the Secretary shall assure that there is a relatively equal 
distribution of the funds made available among the regions, but the 
Secretary may award additional funds to a regional consortium on the 
basis of population and geographical conditions of the region being 
served.

``SEC. 2322. USE OF FUNDS.

    ``Funds provided under this subpart may be used by a regional 
consortium, under the direction of a regional board established 
pursuant to section 2324, to--
            ``(1) work cooperatively with the other regional 
        consortiums and the Eisenhower National Clearinghouse for 
        Science and Mathematics Education established under section 
        2123 to more effectively accomplish the activities described in 
        this section;
            ``(2) assist, train and provide technical assistance to 
        classroom teachers, administrators, and other educators to 
        identify, implement, assess or adapt the instructional 
        materials, teaching methods and assessment tools described in 
        paragraph (1);
            ``(3) provide for the training of classroom teachers to 
        enable such teachers to instruct other teachers, 
        administrators, and educators in the use of the instructional 
        materials, teaching methods and assessment tools described in 
        paragraph (1) in the classroom;
            ``(4) when necessary, provide financial assistance to 
        enable teachers and other educators to attend and participate 
        in the activities of the regional consortium;
            ``(5) implement programs and activities designed to meet 
        the needs of groups that are underrepresented in, and 
        underserved by, mathematics and science education;
            ``(6) assist State and local educational agencies in 
        identifying science equipment needs and help such agencies or 
        consortia thereof assess the need for and desirability of 
        regional mathematics and science academies;
            ``(7) develop and disseminate early childhood education 
        mathematics and science instructional materials;
            ``(8) disseminate information regarding informal 
        mathematics and science education activities and programs 
        offered by Federal agencies and private or public agencies and 
        institutions within the region;
            ``(9) collect data on activities assisted under this 
        subpart in order to evaluate the effectiveness of the 
        activities of the regional consortiums;
            ``(10) identify exemplary teaching practices and materials 
        from within the region and communicate such practices and 
        materials to the Eisenhower National Clearinghouse for 
        Mathematics and Science Education;
            ``(11) communicate, on a regular basis, with entities 
        within the region who are delivering services to students and 
        teachers of mathematics and science;
            ``(12) assist in the development and evaluation of State 
        and regional plans and activities that hold promise of bringing 
        about systemic reform in student performance in mathematics and 
        science; and
            ``(13) increase the use of informal education entities 
        (such as science technology centers, museums, libraries, 
        Saturday academies, and 4H programs) for educational purposes 
        to expand student knowledge and understanding.

``SEC. 2323. APPLICATION AND REVIEW.

    ``(a) In General.--Each eligible entity desiring a grant or 
contract under this subpart shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
additional information as the Secretary may reasonably require. Each 
such application shall--
            ``(1) demonstrate that the eligible entity has demonstrated 
        expertise in the fields of mathematics and science education;
            ``(2) demonstrate that the eligible entity shall implement 
        and disseminate mathematics and science education instructional 
        materials, teaching methods, and assessment tools through a 
        consortium of the region's mathematics and science education 
        organizations and agencies;
            ``(3) demonstrate that the eligible entity shall carry out 
        the functions of the regional consortium;
            ``(4) demonstrate that emphasis will be given to programs 
        and activities designed to meet the needs of groups that are 
        underrepresented in, and underserved by, mathematics and 
        science education;
            ``(5) demonstrate that the business community in the region 
        served by the regional consortium will play an integral role in 
        designing and supporting the regional consortium's work;
            ``(6) demonstrate that the eligible entity will consider 
        the resources of existing Star Schools consortia established 
        pursuant to the Star Schools Program Assistance Act in carrying 
        out the provisions of this subpart, where appropriate; and
            ``(7) assure that the entity will conduct its activities 
        and supervise its personnel in a manner that effectively 
        ensures compliance with the copyright laws of the United States 
        under title 17, United States Code.
    ``(b) Approval of Application.--
            ``(1) In general.--The Secretary shall approve or 
        disapprove applications submitted pursuant to subsection (a) in 
        accordance with the criteria and procedures established under 
        paragraph (2).
            ``(2) Procedures and criteria.--The Secretary shall develop 
        procedures and criteria designed to ensure that grants or 
        contracts are awarded on the basis of merit as determined by 
        the competitive peer review process described in paragraph (3).
            ``(3) National panel.--(A) The Secretary, in consultation 
        with the Director, shall establish a national panel, or to the 
        extent necessary, panels, to submit to the Secretary 
        recommendations for awards of grants or contracts under this 
        subpart. The Secretary shall appoint the members of such panel 
        or panels.
            ``(B) Each panel appointed under subparagraph (A) shall 
        include participation, to the extent feasible, from each 
        region.

``SEC. 2324. REGIONAL BOARDS.

    ``(a) In General.--Each eligible entity receiving a grant or 
contract under this subpart shall establish a regional board to oversee 
the administration and establishment of program priorities for the 
regional consortium established by such eligible entity. Such regional 
board shall be broadly representative of the agencies and organizations 
participating in the regional consortium.
    ``(b) Prohibition on Use of Federal Funds.--No Federal funds may be 
used for the establishment or operation of a regional board required by 
subsection (a), except that at the discretion of a regional board, 
Federal funds may be used to provide assistance such as travel and 
accommodations for board members who could not otherwise afford to 
participate as members of the board.

``SEC. 2325. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.

    ``(a) Payments.--The Secretary shall pay to each eligible entity 
having an application approved under section 2323 the Federal share of 
the cost of the activities described in the application.
    ``(b) Federal Share.--For the purpose of subsection (a), the 
Federal share shall be 80 percent.
    ``(c) Non-Federal Share.--The non-Federal share of the cost of 
activities described in the application submitted pursuant to this 
section may be in cash or in kind, fairly evaluated. At least 10 
percent of such non-Federal share shall be from sources other than the 
Federal Government or State or local government.

``SEC. 2326. EVALUATION.

    ``(a) Evaluation Required.--The Secretary, through the Office of 
Educational Research and Improvement and in accordance with section 
10701, shall collect sufficient data on, and evaluate the effectiveness 
of, the activities of each regional consortium.
    ``(b) Assessment.--The evaluations described in paragraph (1) shall 
include an assessment of the effectiveness of the regional consortium 
in meeting the needs of the schools, teachers, administrators and 
students in the region.
    ``(c) Report.--At the end of each grant or contract period, the 
Secretary shall submit to the Congress a report on the effectiveness of 
the programs conducted at each regional consortium.

``SEC. 2327. DEFINITIONS.

    ``For purposes of this subpart:
            ``(1) The term `eligible entity' means--
                    ``(A) a private nonprofit organization of 
                demonstrated effectiveness;
                    ``(B) an institution of higher education;
                    ``(C) an elementary or secondary school;
                    ``(D) a State or local educational agency;
                    ``(E) a regional educational laboratory in 
                consortium with the research and development center 
                established under section 931(c)(1)(B)(i) of the 
                Educational Research, Development, Dissemination, and 
                Improvement Act of 1994; or
                    ``(F) any combination of the entities described in 
                subparagraphs (A) through (E),
        with demonstrated expertise in mathematics and science 
        education.
            ``(2) The terms `mathematics' and `science' include the 
        technology education associated with such mathematics and 
        science, respectively.
            ``(3) The term `region' means a region of the United States 
        served by a regional education laboratory that is supported by 
        the Secretary pursuant to section 405(d)(4)(A)(i) of the 
        General Education Provisions Act (as such section was in 
        existence on the day preceding the date of enactment of the 
        Goals 2000: Educate America Act.
            ``(4) The term `regional consortium' means each regional 
        mathematics and science education consortium established 
        pursuant to section 2311.
            ``(5) The term `State agency for higher education' means 
        the State board of higher education or other agency or officer 
        primarily responsible for the State supervision of higher 
        education, or, if there is no such officer or agency, an 
        officer or agency designated for the purpose of this title by 
        the Governor or by State law.

``SEC. 2328. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $23,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this subpart.

             ``PART D--TERRITORIAL TEACHER TRAINING PROGRAM

``SEC. 2401. TERRITORIAL TEACHER TRAINING PROGRAM.

    ``There are authorized to be appropriated $2,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, for the purpose of assisting teacher training 
programs in Guam, American Samoa, the Virgin Islands, the Commonwealth 
of the Northern Mariana Islands, the Republic of the Marshall Islands, 
the Federated States of Micronesia, and Palau. From the sums 
appropriated pursuant to this section the Secretary shall make grants 
and enter into contracts for the purpose of providing training to 
teachers in schools in Guam, American Samoa, the Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, the Republic of the 
Marshall Islands, the Federated States of Micronesia, and Palau. The 
Secretary may make grants to or contracts with any organization 
considered qualified to provide training for teachers in such schools 
and shall allot such sums among such territories on the basis of the 
need for such training.

   ``PART E--TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS

``SEC. 2501. PROJECT AUTHORIZED.

    ``The Secretary is authorized to make grants to a nonprofit 
telecommunications entity, or partnership of such entities, for the 
purpose of carrying out a national telecommunications-based 
demonstration project to improve the teaching of mathematics. The 
demonstration project authorized by this part shall be designed to 
assist elementary and secondary school teachers in preparing all 
students for achieving State content standards.

``SEC. 2502. APPLICATION REQUIRED.

    ``(a) In General.--Each nonprofit telecommunications entity, or 
partnership of such entities, desiring a grant under this part shall 
submit an application to the Secretary. Each such application shall--
            ``(1) demonstrate that the applicant will use the existing 
        publicly funded telecommunications infrastructure to deliver 
        video, voice and data in an integrated service to train 
        teachers in the use of new standards-based curricula materials 
        and learning technologies;
            ``(2) assure that the project for which assistance is 
        sought will be conducted in cooperation with appropriate State 
        educational agencies, local educational agencies, State or 
        local nonprofit public telecommunications entities, and a 
        national mathematics education professional association that 
        has developed content standards;
            ``(3) assure that a significant portion of the benefits 
        available for elementary and secondary schools from the project 
        for which assistance is sought will be available to schools of 
        local educational agencies which have a high percentage of 
        children counted for the purpose of part A of title I; and
            ``(4) contain such additional assurances as the Secretary 
        may reasonably require.
    ``(b) Approval of Applications; Number of Demonstration Sites.--In 
approving applications under this section, the Secretary shall assure 
that the demonstration project authorized by this subpart is conducted 
at elementary and secondary school sites in at least 15 States.

``SEC. 2503. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part, 
$5,000,000 for the fiscal year 1995, and such sums as may be necessary 
for each of the 4 succeeding fiscal years.

                 ``TITLE III--TECHNOLOGY FOR EDUCATION

``SEC. 3001. SHORT TITLE.

    ``This title may be cited as the `Technology for Education Act of 
1994'.

          ``PART A--TECHNOLOGY FOR EDUCATION FOR ALL STUDENTS

``SEC. 3111. FINDINGS.

    ``The Congress finds that--
            ``(1) technology applications can help propel our Nation's 
        school systems into very immediate and dramatic reform, without 
        which our Nation will not meet the National Education Goals by 
        the target year 2000;
            ``(2) creative uses of technology can reshape our Nation's 
        outdated method of providing education and empower teachers to 
        create an environment where students can be challenged through 
        rigorous, rich classroom instruction at a pace that suits the 
        learning style of each student;
            ``(3) the acquisition and use of technology in education 
        throughout the United States has been inhibited by--
                    ``(A) the limited exposure of students and teachers 
                to the power of technology as a cost-effective tool to 
                improve student learning and achievement;
                    ``(B) the inability of many State and local 
                educational agencies to invest in and support needed 
                technologies;
                    ``(C) the lack of appropriate electrical and 
                telephone connections in the classroom; and
                    ``(D) the limited availability of technology-
                enhanced curriculum, professional development and 
                administrative support resources and services in the 
                educational marketplace;
            ``(4) advancements in technology offer new opportunities to 
        promote partnerships among teachers, administrators, students, 
        parents, communities, and industry in the quest for knowledge 
        and the process of learning;
            ``(5) technology, when used as an essential tool in the 
        learning process, will help cultivate and maintain a 
        technologically literate citizenry and internationally 
        competitive work force;
            ``(6) the Department of Education, consistent with the 
        overall national technology policy established by the 
        President, must assume a vital leadership and coordinating role 
        in developing the national vision and strategy to infuse 
        advanced technology throughout all educational programs;
            ``(7) Federal support can ease the burden at the State and 
        local levels by enabling the acquisition of advanced technology 
        and initiating the development of teacher training and support 
        as well as new educational products;
            ``(8) leadership at the Federal level should consider 
        guidelines to ensure that educational technology is accessible 
        to all users with maximum interoperability nationwide;
            ``(9) policies at the Federal, State, and local levels 
        concerning technology in education must address disparities in 
        the availability of technology to different groups of students 
        and make it a priority to serve those students in greatest 
        need;
            ``(10) continuing professional development for teachers and 
        administrators requires ongoing exposure to advancements in 
        technology in order to keep such teachers and administrators 
        excited and knowledgeable about the unfolding opportunities for 
        the classroom; and
            ``(11) the increasing use of new technologies and 
        telecommunications systems in business has increased the gap 
        between schooling and work force preparation, and underscores 
        the need for technology policies at the Federal, State, tribal, 
        and local levels that address preparation for school-to-work 
        transitions.

``SEC. 3112. STATEMENT OF PURPOSE.

    ``It is the purpose of this part--
            ``(1) to promote equal access for all students to 
        educational opportunities through advances in technology, 
        including the information infrastructure, in order to achieve 
        the National Education Goals by the year 2000;
            ``(2) to provide funding that will assist activities 
        undertaken by the State and local school districts to promote 
        and provide equipment, teacher training, and technical support;
            ``(3) to support technical assistance, professional 
        development, information and resource dissemination, in order 
        to help States, local school districts, and teachers 
        successfully integrate technology into kindergarten through 
        12th grade classrooms;
            ``(4) to support the development of educational and 
        instructional programming in core subject areas, which 
        programming shall address the National Education Goals;
            ``(5) to offer opportunities for creative partnerships 
        within the marketplace in order to develop state-of-the-art 
        educational technology products that promote the use of 
        advanced technologies in the classroom;
            ``(6) to avoid duplication and the development of 
        incompatible systems by strengthening and building upon 
        existing telecommunications infrastructures dedicated to 
        educational purposes; and
            ``(7) to ensure that uses of educational technology are 
        consistent with the overall national technology policy 
        established by the President.

``SEC. 3113. DEFINITIONS.

    ``For the purpose of this part--
            ``(1) the term `adult education' has the same meaning given 
        such term by section 312 of the Adult Education Act;
            ``(2) the term `all students' means students from a broad 
        range of backgrounds and circumstances, including disadvantaged 
        students, students with diverse racial, ethnic, and cultural 
        backgrounds, students with disabilities, students with limited-
        English proficiency, students who have dropped out of school, 
        and academically talented students;
            ``(3) the term `information infrastructure' means a network 
        of communication systems designed to exchange information among 
        all citizens and residents of the United States;
            ``(4) the term `instructional programming' means the full 
        range of audio and video data, text, graphics, or additional 
        state-of-the-art communications, including multimedia based 
        resources distributed through interactive, command and control, 
        or passive methods for the purpose of education and 
        instruction;
            ``(5) the terms `interoperable' and `interoperability' 
        refer to the ability to exchange easily data with, and connect 
        to, other hardware and software in order to provide the 
        greatest accessibility for all students and other users;
            ``(6) the term `local educational agency' includes an 
        elementary or secondary school funded by the Bureau of Indian 
        Affairs, except that such schools shall not be subject to the 
        jurisdiction of any State educational agency other than the 
        Bureau of Indian Affairs;
            ``(7) the term `Office' means the Office of Educational 
        Technology;
            ``(8) the term `public telecommunications entity' has the 
        same meaning given to such term by section 397(12) of the 
        Communications Act of 1934;
            ``(9) the term `State educational agency' includes the 
        Bureau of Indian Affairs for purposes of serving schools funded 
        by the Bureau of Indian Affairs in accordance with this part; 
        and
            ``(10) the term `technology' means state-of-the-art 
        technology products and services, such as closed circuit 
        television systems, educational television and radio programs 
        and services, cable television, satellite, copper and fiber 
        optic transmission, computer, video and audio laser and CD-ROM 
        discs, and video and audio tapes.

       ``Subpart 1--National Programs in Technology for Education

``SEC. 3121. PURPOSES.

    ``It is the purpose of this subpart to promote achievement of the 
National Education Goals and--
            ``(1) to provide leadership at the Federal level, through 
        the Department, by developing a national vision and strategy--
                    ``(A) to infuse technology and technology planning 
                into all educational programs and training functions 
                carried out within school systems and other educational 
                settings at the State, tribal, and local levels;
                    ``(B) to coordinate technology activities for 
                education among the related Federal and State 
                departments or agencies, industry leaders, and 
                interested educational and parental organizations;
                    ``(C) to establish working guidelines to ensure 
                maximum interoperability nationwide and ease of access 
                for the emerging technologies so that no school system 
                will be excluded from the technological revolution; and
                    ``(D) to ensure that Federal technology-related 
                policies and programs facilitate the use of technology 
                in education;
            ``(2) to promote awareness of the potential of technology 
        for improving teaching and learning;
            ``(3) to support State and local efforts to increase the 
        effective use of technology for education;
            ``(4) to demonstrate ways in which technology can be used 
        to improve teaching and learning, and to help ensure that all 
        students have an equal opportunity to meet challenging State 
        education standards;
            ``(5) to ensure the availability and dissemination of 
        knowledge (drawn from research and experience) that can form 
        the basis for sound State and local decisions about investment 
        in, and effective uses of, educational technology;
            ``(6) to promote high-quality professional development 
        opportunities for teachers, pupil-services personnel and 
        administrators regarding the integration of technology into 
        instruction and administration;
            ``(7) to support development, production, and distribution 
        of technology enhanced curriculum, and instruction and 
        administrative support resources and services;
            ``(8) to promote the effective uses of technology in 
        existing Federal education programs, such as part A of title I 
        and vocational education programs; and
            ``(9) to monitor, and disseminate information regarding, 
        advancements in technology to encourage the development of 
        effective educational uses of technology.

``SEC. 3122. FEDERAL LEADERSHIP.

    ``(a) Activities Authorized.--
            ``(1) In general.--In order to provide Federal leadership 
        that promotes higher student achievement through the use of 
        technology in education and to achieve the purposes of this 
        subpart, the Secretary, in consultation with the Office of 
        Science and Technology Policy, the National Science Foundation, 
        the United States National Commission on Libraries and 
        Information Sciences, the Department of Commerce, the 
        Department of Energy, the National Aeronautics and Space 
        Administration, the Bureau of Indian Affairs, and other 
        appropriate Federal departments or agencies, may carry out 
        activities designed to achieve the purposes of this subpart.
            ``(2) Transfer of funds.--For the purpose of carrying out 
        coordinated or joint activities to achieve the purposes of this 
        subpart, the Secretary may accept funds from, or transfer funds 
        to, other Federal departments or agencies.
    ``(b) National Long-Range Technology Plan.--
            ``(1) In general.--The Secretary shall develop and publish 
        within 12 months of the date of enactment of the Improving 
        America's Schools Act of 1994, and update when the Secretary 
        determines appropriate, a national long-range plan that 
        supports the overall national technology policy and carries out 
        the purposes of this subpart.
            ``(2) Plan requirements.--The Secretary shall--
                    ``(A) develop the national long-range plan in 
                consultation with other Federal departments or 
                agencies, State and local education practitioners and 
                policymakers, experts in technology and the 
                applications of technology to education, 
                representatives of distance learning consortia, 
                representatives of telecommunications partnerships 
                receiving assistance under the Star Schools Act, and 
                providers of technology services and products;
                    ``(B) transmit such plan to the President and to 
                the appropriate committees of the Congress; and
                    ``(C) publish such plan in a form that is readily 
                accessible to the public.
            ``(3) Contents of the plan.--The national long-range plan 
        shall describe the Secretary's activities to promote the 
        purposes of this subpart, including--
                    ``(A) how the Secretary will encourage the 
                effective use of technology to provide all students the 
                opportunity to achieve State content standards and 
                State student performance standards, especially through 
                programs administered by the Department;
                    ``(B) joint activities in support of the overall 
                national technology policy with other Federal 
                departments or agencies, such as the Office of Science 
                and Technology Policy, the National Endowment for the 
                Humanities, the National Endowment for the Arts, the 
                National Institute for Literacy, the National 
                Aeronautics and Space Administration, the National 
                Science Foundation, the Bureau of Indian Affairs, and 
                the Departments of Commerce, Energy, Health and Human 
                Services, and Labor--
                            ``(i) to promote the use of technology in 
                        education, and training and lifelong learning, 
                        including plans for the educational uses of a 
                        national information infrastructure; and
                            ``(ii) to ensure that the policies and 
                        programs of such departments or agencies 
                        facilitate the use of technology for 
                        educational purposes, to the extent feasible;
                    ``(C) how the Secretary will work with educators, 
                State and local educational agencies, and appropriate 
                representatives of the private sector to facilitate the 
                effective use of technology in education;
                    ``(D) how the Secretary will promote--
                            ``(i) higher achievement of all students 
                        through the integration of technology into the 
                        curriculum;
                            ``(ii) increased access to the benefits of 
                        technology for teaching and learning for 
                        schools with a high number or percentage of 
                        children from low-income families;
                            ``(iii) the use of technology to assist in 
                        the implementation of State systemic reform 
                        strategies;
                            ``(iv) the application of technological 
                        advances to use in education;
                            ``(v) increased access to high quality 
                        adult and family education services through the 
                        use of technology for instruction and 
                        professional development; and
                            ``(vi) increased opportunities for the 
                        professional development of teachers in the use 
                        of new technologies;
                    ``(E) how the Secretary will determine, in 
                consultation with appropriate individuals, 
                organizations, industries, and agencies, the 
                feasibility and desirability of establishing guidelines 
                to facilitate an easy exchange of data and effective 
                use of technology in education;
                    ``(F) how the Secretary will promote the exchange 
                of information among States, local educational 
                agencies, schools, consortia, and other entities 
                concerning the effective use of technology in 
                education;
                    ``(G) how the Secretary will utilize the outcomes 
                of the evaluation undertaken pursuant to section 
                3206(c)(2) to promote the purposes of this subpart; and
                    ``(H) the Secretary's long-range measurable goals 
                and objectives relating to the purposes of this 
                subpart.
    ``(c) Assistance.--The Secretary shall provide assistance to the 
States to enable such States to plan effectively for the use of 
technology in all schools throughout the State in accordance with the 
purpose and requirements of section 317 of the Goals 2000: Educate 
America Act.
    ``(d) Uses of Funds.--
            ``(1) In general.--The Secretary shall use funds made 
        available to carry out this section for activities designed to 
        carry out the purpose of this subpart, including--
                    ``(A) providing assistance to technical assistance 
                providers to enable such providers to improve 
                substantially the services such providers offer to 
                educators regarding the uses of technology for 
                education, including professional development;
                    ``(B) consulting with representatives of industry, 
                elementary and secondary education, adult education, 
                higher education, and appropriate experts in technology 
                and the educational applications of technology, in 
                carrying out the activities assisted under this 
                subpart;
                    ``(C) research on, and the development of, 
                guidelines to facilitate maximum interoperability, 
                efficiency and easy exchange of data for effective use 
                of technology in education;
                    ``(D) research on, and the development of, 
                applications for education of the most advanced and 
                newly emerging technologies;
                    ``(E) the development, demonstration, and 
                evaluation of applications of existing technology in 
                preschool education, elementary and secondary 
                education, training and lifelong learning, and 
                professional development of educational personnel;
                    ``(F) the development and evaluation of software 
                and other products, including multimedia television 
                programming, that incorporate advances in technology 
                and help achieve the National Education Goals, State 
                content standards and State student performance 
                standards;
                    ``(G) the development, demonstration, and 
                evaluation of model strategies for preparing teachers 
                and other personnel to use technology effectively to 
                improve teaching and learning;
                    ``(H) the development of model programs that 
                demonstrate the educational effectiveness of technology 
                in urban and rural areas and economically distressed 
                communities;
                    ``(I) research on, and the evaluation of, the 
                effectiveness and benefits of technology in education, 
                giving priority to research on, and evaluation of, such 
                effectiveness and benefits in elementary and secondary 
                schools;
                    ``(J) a biennial assessment of, and report to the 
                public regarding, the uses of technology in elementary 
                and secondary education throughout the United States 
                upon which private businesses and Federal, State, 
                tribal, and local governments may rely for 
                decisionmaking about the need for, and provision of, 
                appropriate technologies in schools, which assessment 
                and report shall use, to the extent possible, existing 
                information and resources;
                    ``(K) conferences on, and dissemination of 
                information regarding, the uses of technology in 
                education;
                    ``(L) the development of model strategies to 
                promote gender equity in the use of technology;
                    ``(M) encouraging collaboration between the 
                Department and other Federal agencies in the 
                development, implementation, evaluation and funding of 
                applications of technology for education, as 
                appropriate; and
                    ``(N) such other activities as the Secretary 
                determines will meet the purposes of this subpart.
            ``(2) Special rules.--
                    ``(A) The Secretary shall carry out the activities 
                described in paragraph (1) directly or by grant or 
                contract.
                    ``(B) Each grant or contract under this section 
                shall be awarded--
                            ``(i) on a competitive basis; and
                            ``(ii) pursuant to a peer review process.
    ``(e) Non-Federal Share.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary may require any recipient of a grant or contract 
        under this section to share in the cost of the activities 
        assisted under such grant or contract, which non-Federal share 
        shall be announced through a notice in the Federal Register and 
        may be in the form of cash or in-kind contributions, fairly 
        valued.
            ``(2) Increase.--The Secretary may increase the non-Federal 
        share that is required of a recipient of a grant or contract 
        under this section after the first year such recipient receives 
        funds under such grant or contract.
            ``(3) Maximum.--The non-Federal share required under this 
        section shall not exceed 50 percent of the cost of the 
        activities assisted pursuant to a grant or contract under this 
        section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section.

``SEC. 3123. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL DEVELOPMENT.

    ``(a) Grants Authorized.--
            ``(1) Authority.--The Secretary, through the Office of 
        Educational Technology, shall make grants, on a competitive 
        basis, to regional educational technology assistance consortia 
        in accordance with the provisions of this section. In awarding 
        grants under this section, the Secretary shall ensure that each 
        geographic region of the United States shall be served by such 
        a consortium.
            ``(2) Requirements.--Each consortium receiving a grant 
        under this section shall--
                    ``(A) be composed of State educational agencies, 
                institutions of higher education, nonprofit 
                organizations, or a combination thereof;
                    ``(B) in cooperation with State and local 
                educational agencies, develop a regional program that 
                addresses professional development, technical 
                assistance, and information resource dissemination, 
                with special emphasis on meeting the documented needs 
                of educators and learners in the region; and
                    ``(C) foster regional cooperation and resource and 
                coursework sharing.
            ``(3) Special rule.--Each consortium receiving a grant 
        under this section shall use not less than 80 percent of the 
        grant funds to carry out paragraph (2) of subsection (b).
    ``(b) Functions.--
            ``(1) Technical assistance.--Each consortium receiving a 
        grant under this section shall--
                    ``(A) collaborate with State educational agencies 
                and local educational agencies requesting 
                collaboration, particularly in the development of 
                strategies for assisting those schools with the highest 
                numbers or percentages of disadvantaged students with 
                little or no access to technology in the classroom;
                    ``(B) provide information, in coordination with 
                information available from the Secretary, to State 
                educational agencies, local educational agencies, 
                schools and adult education programs, on the types and 
                features of various educational technology equipment 
                and software available, evaluate and make 
                recommendations on equipment and software that support 
                the National Education Goals and are suited for a 
                school's particular needs, and compile and share 
                information regarding creative and effective 
                applications of technology in the classroom in order to 
                support the purposes of this subpart;
                    ``(C) collaborate with such State educational 
                agencies, local educational agencies, or schools 
                requesting to participate in the tailoring of software 
                programs and other supporting materials to meet State 
                content standards or State student performance 
                standards that may be developed; and
                    ``(D) provide technical assistance to facilitate 
                use of the electronic dissemination networks by State 
                and local educational agencies and schools throughout 
                the region.
            ``(2) Professional development.--Each consortium receiving 
        a grant under this section shall--
                    ``(A) develop and implement, in collaboration with 
                State educational agencies and institutions of higher 
                education, technology-specific, ongoing professional 
                development, such as--
                            ``(i) intensive school year and summer 
                        workshops that use teachers to train other 
                        teachers; and
                            ``(ii) distance educational professional 
                        development, including--
                                    ``(I) interactive training 
                                telecourses using researchers, 
                                educators, and telecommunications 
                                personnel who have experience in 
                                developing, implementing, or operating 
                                educational and instructional 
                                technology as a learning tool;
                                    ``(II) onsite courses teaching 
                                teachers to use educational and 
                                instructional technology and to develop 
                                their own instructional materials for 
                                effectively incorporating technology 
                                and programming in their own 
                                classrooms;
                                    ``(III) methods for successful 
                                integration of instructional technology 
                                into the curriculum in order to improve 
                                student learning and achievement;
                                    ``(IV) video conferences and 
                                seminars which offer professional 
                                development through peer interaction 
                                with experts as well as other teachers 
                                using technologies in their classrooms; 
                                and
                                    ``(V) mobile education technology 
                                and training resources;
                    ``(B) develop training resources that--
                            ``(i) are relevant to the needs of the 
                        region and schools within the region;
                            ``(ii) are relevant to the needs of adult 
                        literacy staff and volunteers, including onsite 
                        courses on how to--
                                    ``(I) use instructional technology; 
                                and
                                    ``(II) develop instructional 
                                materials for adult learning; and
                            ``(iii) are aligned with the needs of 
                        teachers and administrators in the region;
                    ``(C) establish a repository of professional 
                development and technical assistance resources;
                    ``(D) identify and link technical assistance 
                providers to State and local educational agencies, as 
                needed;
                    ``(E) provide followup to ensure that training, 
                professional development, and technical assistance meet 
                the needs of educators, parents and students served by 
                the region;
                    ``(F) assist colleges and universities within the 
                region to develop and implement preservice training 
                programs for students enrolled in teacher education 
                programs; and
                    ``(G) assist local educational agencies and schools 
                in working with community members and parents to 
                develop support from communities and parents for 
                educational technology programs and projects.
            ``(3) Information and resource dissemination.--Each 
        consortium receiving a grant under this section shall--
                    ``(A) assist State and local educational agencies 
                in the identification and procurement of financial, 
                technological and human resources needed to implement 
                technology plans;
                    ``(B) provide outreach and, at the request of a 
                State or local educational agency, work with such 
                agency to assist in the development and validation of 
                instructionally based technology education resources; 
                and
                    ``(C) coordinate activities and establish 
                partnerships with organizations and institutions of 
                higher education that represent the interests of the 
                region as such interests pertain to the application of 
                technology in teaching, learning, instructional 
                management, dissemination, collection and distribution 
                of educational statistics, and the transfer of student 
                information.
            ``(4) Coordination.--Each consortium receiving a grant 
        under this section shall work collaboratively, and coordinate 
        the services the consortium provides, with appropriate entities 
        assisted in whole or in part by the Department.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated $50,000,000 for the fiscal year 
        1995, and such sums as may be necessary for each of the 4 
        succeeding fiscal years, to carry out this section.

``SEC. 3124. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.

    ``(a) Purpose.--It is the purpose of this section to--
            ``(1) support development of curriculum-based learning 
        resources using state-of-the-art technologies and techniques 
        designed to improve student learning; and
            ``(2) support development of long-term comprehensive 
        instructional programming and associated support resources that 
        ensure maximum access by all educational institutions.
    ``(b) Federal Assistance Authorized.--
            ``(1) Authority.--The Secretary, through the Office of 
        Educational Technology, shall award grants, on a competitive 
        basis, to eligible consortia to pay the Federal share of the 
        cost of developing, producing, and distributing products 
        consisting of curriculum-based learning resources, services, 
        and instructional programming for teachers and students, which 
        incorporate state-of-the-art applications of advanced 
        technology, including educational radio and television.
            ``(2) Eligible consortium.--For the purpose of this 
        subsection the term `eligible consortium' means a consortium--
                    ``(A) that shall include--
                            ``(i) a State or local educational agency; 
                        and
                            ``(ii) a business, industry or 
                        telecommunications entity; and
                    ``(B) that may include--
                            ``(i) a public or private nonprofit 
                        organization; or
                            ``(ii) a postsecondary institution.
            ``(3) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to applications describing 
        products that are developed--
                    ``(A) so that the product may be adapted and 
                applied nationally at a reasonable cost over a broad 
                technology platform;
                    ``(B) to raise the achievement levels of all 
                students, particularly students who are not realizing 
                their potential;
                    ``(C) in consultation with classroom teachers;
                    ``(D) through consultation and collaboration with 
                appropriate education entities in designing the product 
                to ensure relevance to the voluntary national content 
                standards, the voluntary national student performance 
                standards and State curriculum frameworks; and
                    ``(E) so that the product can be adapted for use by 
                adults in need of literacy services, including English 
                as a second language and preparation for a secondary 
                school diploma or its recognized equivalent.
            ``(4) Matching requirement.--The Secretary may require any 
        recipient of a grant or contract under this subpart to share in 
        the cost of the activities assisted under such grant or 
        contract, which non-Federal share shall be announced through a 
        notice in the Federal Register and may be in the form of cash 
        or in-kind contributions, fairly valued.
            ``(5) Requirements for federal assistance.--Each eligible 
        consortium desiring Federal assistance under this section shall 
        submit an application to the Secretary at such time and in such 
        manner as the Secretary may prescribe. Each application shall 
        include--
                    ``(A) a description of how the product will improve 
                the achievement levels of students;
                    ``(B) a description of how the activities assisted 
                under this section will promote professional 
                development of teachers and administrators in the uses 
                and applications of the product, including the 
                development of training materials;
                    ``(C) a description of design, development, field 
                testing, evaluation, and distribution of products, 
                where appropriate;
                    ``(D) an assurance that the product shall 
                effectively serve a significant number or percentage of 
                economically disadvantaged students;
                    ``(E) plans for dissemination of products to a wide 
                audience of learners;
                    ``(F) a description of how the product can be 
                adapted for use by students with disabilities including 
                provisions for closed captioning or descriptive video, 
                where appropriate;
                    ``(G) a description of how ownership and rights to 
                the use and marketing of any product developed by the 
                consortium, including intellectual property rights, 
                will be allocated among consortium participants; and
                    ``(H) a description of the contributions, including 
                services and funds, to be made by each member of the 
                consortium, and how any revenues derived from the sale 
                of any product developed by the consortium shall be 
                distributed.
    ``(c) Consumer Report.--The Secretary shall disseminate information 
about products developed pursuant to provisions of this section to 
State and local educational agencies, and other organizations or 
individuals that the Secretary determines to be appropriate, through 
print and electronic media that are accessible to the education 
community at large.
    ``(d) Proceeds.--The Secretary shall not prohibit an eligible 
consortium or any of the members of such consortium from receiving 
financial benefits from the distribution of any products resulting from 
the assistance received under this section. Notwithstanding any other 
provision of law, any profits or royalties received by a State 
educational agency, local educational agency, or other nonprofit member 
of an eligible consortium receiving assistance under this section shall 
be used to support further development of curriculum-based learning 
resources, services, and programming or to provide access to such 
products for a wider audience.
    ``(e) Authorization of Funds.--There are authorized to be 
appropriated $50,000,000 for the fiscal year 1995, and such sums as may 
be necessary for each of the 4 succeeding fiscal years, to carry out 
this section.

``SEC. 3125. RESEARCH ON EDUCATIONAL APPLICATIONS OF ADVANCED 
              TECHNOLOGIES.

    ``(a) Purpose.--It is the purpose of this section to--
            ``(1) provide direction and support for the conduct of 
        research on advanced educational technologies; and
            ``(2) provide support for long-term, comprehensive 
        educational applications of advanced high performance computer 
        and communication technologies and video technologies in 
        support of the core subjects of the National Education Goals.
    ``(b) General Authority.--The Secretary, consistent with the 
overall national technology policy established by the President, and in 
cooperation with other Federal departments and agencies, is authorized 
to support research on educational applications of advanced learning 
technologies.
    ``(c) Grants Authorized.--The Secretary, through the Office of 
Educational Technology, shall award grants to or enter into contracts 
for research projects intended to develop educational applications of 
advanced technologies.
    ``(d) Application.--Each entity desiring assistance under this 
section shall submit to the Secretary an application at such time, in 
such manner and accompanied by such information as the Secretary may 
reasonably require. Each such application shall--
            ``(1) define clearly the scope and content of the subject 
        matter of the research and the relevance of the advanced 
        technology to such content;
            ``(2) describe the potential market for both the hardware 
        and software developed under this section; and
            ``(3) assess the applications of the advanced technology in 
        a way that will validate the technology's impact on student 
        learning and achievement.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated $20,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section.

``SEC. 3126. HIGH PERFORMANCE COMPUTING AND TELECOMMUNICATIONS NETWORKS 
              FOR EDUCATION.

    ``(a) Purpose.--It is the purpose of this section to support the 
development, demonstration, and evaluation of the educational aspects 
of high performance computing and communication technologies and of the 
national information infrastructure, including the use of high 
performance computing and communication and the national information 
infrastructure in--
            ``(1) providing professional development for teachers and 
        other educators, as appropriate;
            ``(2) enhancing academic curricula for elementary and 
        secondary school students in order to provide such students 
        with opportunities to meet challenging State student 
        performance standards;
            ``(3) facilitating communications among schools, local 
        educational agencies, parents of students, and local 
        communities;
            ``(4) facilitating an effective transition from secondary 
        school to employment; and
            ``(5) other such areas of education as the Secretary deems 
        appropriate.
    ``(b) Authority.--
            ``(1) In general.--(A) The Secretary, consistent with the 
        overall national technology policy established by the 
        President, and in cooperation with other Federal departments 
        and agencies, shall support the development of an electronic 
        network program for the dissemination of educational 
        information throughout the United States, including information 
        about effective technology-enhanced programs, resources and 
        services.
            ``(B) In carrying out subparagraph (A) the Secretary 
        shall--
                    ``(i) to the extent possible, coordinate activities 
                assisted under this section with other dissemination 
                activities assisted by the Department in order to--
                            ``(I) avoid duplication; and
                            ``(II) utilize the existing resources of 
                        the Department;
                    ``(ii) consult with educators, State and local 
                educational agencies, telecommunications providers, and 
                other appropriate education entities throughout the 
                United States to determine information requirements and 
                policies for the effective dissemination of 
                information;
                    ``(iii) provide access to the existing Department 
                of Energy FEDIX/MOLIS Information System regarding 
                information about excess equipment (computers and 
                supporting materials) within the Federal Government 
                that are available for transfer to elementary and 
                secondary schools; and
                    ``(iv) make use of existing networks or developing 
                networks, to the extent possible.
            ``(2) Requirements; specifications; and prototype 
        operations.--The Secretary is authorized to--
                    ``(A) identify educational high performance 
                computing and telecommunications network requirements;
                    ``(B) develop specifications for the implementation 
                of such requirements within any national 
                telecommunications network;
                    ``(C) establish prototype operations on existing 
                networks to validate and further develop the 
                educational specifications which will facilitate the 
                use of such networks by kindergarten through 12th grade 
                students, teachers, librarians, administrators, and 
                parents;
                    ``(D) represent the needs and interests of 
                elementary and secondary schools in the Federal 
                planning and development of a national information 
                infrastructure; and
                    ``(E) identify policy issues, such as communication 
                rate structures, intellectual property rights, 
                certification and recertification of teachers, and 
                issues related to how technology fits into the school 
                environment, that affect the ability of the public 
                schools to make effective use of the emerging 
                information infrastructure.
    ``(c) Types of Grants.--The Secretary, through the Office of 
Educational Technology, shall award the following types of grants:
            ``(1) Requirements grants.--The Secretary shall solicit 
        proposals for and award grants to 1 or more entities for the 
        identification of educational high performance computing and 
        telecommunications network requirements. The solicitation shall 
        request proposals to--
                    ``(A) identify and describe existing and planned 
                educational high performance computing and 
                telecommunications network efforts;
                    ``(B) identify potential uses of such networks in 
                kindergarten through 12th grade education by schools 
                throughout the United States;
                    ``(C) assess impediments to the development of such 
                networks in kindergarten through 12th grade education, 
                such as--
                            ``(i) technological impediments;
                            ``(ii) availability of technology-enhanced 
                        curriculum, instruction, and administrative 
                        support resources and services in schools; and
                            ``(iii) parent, student, teacher and 
                        administrator attitudes toward technology-
                        enhanced education;
                    ``(D) assess the anticipated costs and benefits to 
                be derived from such network access in kindergarten 
                through 12th grade education and recommend priorities 
                for development of such network; and
                    ``(E) identify the range of possible educational 
                applications of, and potential sources of funding for, 
                both networks and information resources and databases 
                that exist or are being developed by other Federal 
                departments or agencies.
            ``(2) Specifications grants.--The Secretary shall solicit 
        proposals for and award grants to 1 or more entities for the 
        design and development of educational specifications which may 
        be used to ensure educational access to any national 
        educational high performance computing and telecommunications 
        network. The solicitation shall request proposals to--
                    ``(A) incorporate--
                            ``(i) the findings of the grant recipients 
                        under paragraph (1); and
                            ``(ii) the priorities recommended for such 
                        networks by the Secretary consistent with the 
                        overall national technology policy established 
                        by the President;
                    ``(B) provide for design alternatives and 
                specifications that address--
                            ``(i) linkage of schools and communities 
                        with each other, with central resource centers, 
                        and with Federal and State agencies over 
                        existing or planned telecommunications 
                        networks;
                            ``(ii) uses of alternative connectivity 
                        modes, such as fiber optics, satellites, and 
                        land-based broadcasting;
                            ``(iii) integrated uses of two-way 
                        interactive voice, video, and data 
                        communications;
                            ``(iv) uses of interactive multimedia;
                            ``(v) system capacity, such as maximum 
                        telecommunications traffic in a variety of use 
                        modes;
                            ``(vi) availability of needed technologies;
                            ``(vii) availability of support services; 
                        and
                            ``(viii) assessment of the impact of 
                        proposed educational access specifications on 
                        existing or planned telecommunications 
                        networks; and
                    ``(C) provide comprehensive specifications which 
                will ensure educational access to any national 
                educational high performance computing and 
                telecommunications network as the primary deliverable 
                product of the specifications grants described in this 
                paragraph.
            ``(3) Prototype development grants.--The Secretary shall 
        solicit proposals for and award grants to 1 or more entities 
        for prototype operations on existing networks in order to 
        validate and further develop the educational specifications 
        which will facilitate use of existing or planned educational 
        high performance computing and telecommunications networks by 
        kindergarten through 12th grade students, teachers, librarians, 
        administrators, and parents. The solicitation shall request 
        proposals to--
                    ``(A) incorporate the design limits of the 
                comprehensive educational high performance computing 
                and telecommunications network specifications developed 
                by grant recipients under paragraph (2);
                    ``(B) support prototype operations for at least 1 
                year in a minimum of 5 test sites which are selected to 
                represent a variety of economic, social, urban and 
                rural settings;
                    ``(C) provide for inservice training and technical 
                assistance during the period of prototype operations;
                    ``(D) provide provisions for the identification and 
                correction of operational problems during the period of 
                prototype operations (including design flaws);
                    ``(E) include a comprehensive evaluation of all 
                aspects of the prototype, including--
                            ``(i) design flaws;
                            ``(ii) training requirements, including 
                        resources and strategies for initial and on-
                        going training;
                            ``(iii) technical support requirements;
                            ``(iv) financing constraints;
                            ``(v) availability and utility of 
                        information resources and services accessed 
                        during the prototype operations period;
                            ``(vi) factors which enhanced or impeded 
                        prototype operations; and
                            ``(vii) an overall assessment of the impact 
                        of such technology on the educational process; 
                        and
                    ``(F) provide recommended revisions of the 
                Secretary's educational high performance computing and 
                telecommunications network specifications based on 
                findings of the comprehensive evaluation of prototype 
                operations.
    ``(d) Timeline.--The Secretary, through the Office of Educational 
Technology, shall award grants under this section as follows:
            ``(1) Requirement grants.--The Secretary shall award 
        requirement grants under subsection (c)(1) within 6 months of 
        the date of enactment of the Improving America's Schools Act of 
        1994.
            ``(2) Development of design specifications.--The Secretary 
        shall award grants under subsection (c)(2) within 18 months of 
        the date of enactment of the Improving America's Schools Act of 
        1994.
            ``(3) Prototype operations.--The Secretary shall award 
        grants under subsection (c)(3) within 30 months of the date of 
        enactment of the Improving America's Schools Act of 1994.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated $7,500,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section.

``SEC. 3127. STUDY, EVALUATION AND REPORT OF FUNDING ALTERNATIVES.

    ``The Secretary, through the Office of Educational Technology, 
shall conduct a study to evaluate, and report to the Congress on, the 
feasibility of several alternative models for providing sustained and 
adequate funding for schools throughout the United States so that such 
schools are able to acquire and maintain technology-enhanced 
curriculum, instruction, and administrative support resources and 
services. Such report shall be submitted to the Congress not later than 
1 year after the date of enactment of the Improving America's Schools 
Act of 1994.

``Subpart 2--State and Local Programs for School Technology Resources, 
            Technical Support, and Professional Development

``SEC. 3131. STATEMENT OF PURPOSE.

    ``It is the purpose of this subpart to provide Federal assistance 
in the form of grants to support--
            ``(1) the acquisition of equipment and supporting 
        resources, training, and maintenance of technology; and
            ``(2) regional consortia to enable such consortia to 
        provide professional development and technical assistance that 
        fosters integration of technology into the kindergarten through 
        12th grade classrooms, libraries, and school library media 
        centers.

``SEC. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.

    ``(a) Grants Authorized.--
            ``(1) Authority.--The Secretary, through the Office of 
        Educational Technology, shall award grants to State educational 
        agencies having a systemic statewide plan that meets such 
        criteria as the Secretary may establish in order to enable such 
        agencies to provide assistance to local educational agencies 
        that have the highest numbers or percentages of children in 
        poverty and demonstrate the greatest need for technology, in 
        order to enable such local educational agencies, for the 
        benefit of school sites served by such local educational 
        agencies, to--
                    ``(A) purchase quality technology resources;
                    ``(B) install various linkages necessary to acquire 
                connectivity;
                    ``(C) integrate technology into the curriculum in 
                order to improve student learning and achievement;
                    ``(D) provide teachers and library media personnel 
                with training or access to training;
                    ``(E) provide administrative and technical support 
                and services that improve student learning through 
                enriched technology-enhanced resources, including 
                library media resources;
                    ``(F) promote the sharing, distribution, and 
                application of educational technologies that are 
                determined to be effective in individual schools;
                    ``(G) assist schools in promoting parent 
                involvement;
                    ``(H) assist the community in providing literacy-
                related services; and
                    ``(I) establish partnerships with private 
                educational providers whose comprehensive technology 
                systems address the need of children in poverty.
            ``(2) Amount.--(A) Except as provided in subparagraphs (B) 
        and (C), the Secretary shall award grants under this section to 
        each State educational agency for a fiscal year in an amount 
        which bears the same relationship to the amount appropriated 
        pursuant to the authority of subsection (b) for such year as 
        the amount such State received under part A of title I for such 
        year bears to the amount received for such year under such part 
        by all States.
            ``(B) No State educational agency shall receive a grant 
        pursuant to subparagraph (A) in any fiscal year in an amount 
        which is less than one-half of 1 percent of the amount 
        appropriated pursuant to the authority of subsection (b) for 
        such year.
            ``(C) If the sum of the amounts appropriated pursuant to 
        the authority of section 3132(c) is equal to or less than 
        $50,000,000 for any fiscal year, then the Secretary shall award 
        grants under this section for such year on a competitive basis 
        to local educational agencies, either separately or in 
        cooperation with a local educational agency or a State 
        educational agency, which submit to the Secretary an 
        application, containing the information described in paragraphs 
        (1) through (3) of subsection (e), that the Secretary approves. 
        In awarding such grants, the Secretary shall give priority to 
        applications from local educational agencies with the highest 
        number or percentage of disadvantaged students or the greatest 
        need for educational technology.
            ``(3) Identification of local educational agencies; 
        technical assistance.--Each State educational agency receiving 
        a grant under this section shall--
                    ``(A) identify the local educational agencies 
                served by the State educational agency that--
                            ``(i) have the highest number or percentage 
                        of children in poverty; and
                            ``(ii) demonstrate to such State 
                        educational agency the greatest need for 
                        technical assistance in developing the 
                        application described in subsection (d); and
                    ``(B) offer such technical assistance to such local 
                educational agencies.
            ``(4) Limitation on state costs.--Not more than 5 percent 
        of grant funds awarded to a State educational agency under this 
        section for any fiscal year may be used by the State or State 
        educational agency for administrative costs or technical 
        assistance.
    ``(b) Selection of Grants.--Each State educational agency, in 
awarding grants under this section, shall--
            ``(1) ensure that each grant such agency awards to a local 
        educational agency shall be of sufficient duration, and of 
        sufficient size, scope, and quality, to carry out the purposes 
        of this title effectively; and
            ``(2) award grants to local educational agencies on a 
        competitive basis.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $200,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section.
    ``(d) Local Uses of Grant Funds.--Each local educational agency 
receiving assistance under this section may use such assistance--
            ``(1) to acquire connectivity linkages, resources, and 
        services, including the acquisition of hardware and software, 
        for use by teachers, students and library media personnel in 
        the classroom or in school library media centers, in order to 
        improve student learning by supporting the instructional 
        program offered by such agency to ensure that students in 
        schools will have meaningful access on a regular basis to such 
        linkages, resources and services;
            ``(2) for ongoing professional development in the 
        integration of quality educational technologies into school 
        curriculum and long-term planning for implementing educational 
        technologies; and
            ``(3) to acquire connectivity with wide area networks for 
        purposes of accessing information and educational programming 
        sources.
    ``(e) Local Applications.--Each local educational agency desiring 
assistance from a State educational agency under this section shall 
submit an application consistent with the objectives of the systemic 
statewide plan to such agency at such time and in such manner as such 
agency may prescribe. Such application, at a minimum, shall--
            ``(1) include a strategic, long-range (3- to 5-year), plan 
        that includes--
                    ``(A) a description of the type of technologies to 
                be acquired, including specific provisions for 
                interoperability among components of such technologies 
                and, to the extent practicable, with existing 
                technologies;
                    ``(B) an explanation of how the acquired 
                technologies will be integrated into the curriculum to 
                help the local educational agency enhance teaching, 
                training, and student achievement;
                    ``(C) an explanation of how programs will be 
                developed in collaboration with existing adult literacy 
                services providers to maximize the use of such 
                technologies;
                    ``(D)(i) a description of how the local educational 
                agency will ensure ongoing, sustained professional 
                development for teachers, administrators, and school 
                library media personnel served by the local educational 
                agency to further the use of technology in the 
                classroom or library media center; and
                    ``(ii) a list of the source or sources of ongoing 
                training and technical assistance available to schools, 
                teachers and administrators served by the local 
                educational agency, such as State technology offices, 
                intermediate educational support units, regional 
                educational laboratories or institutions of higher 
                education;
                    ``(E) a description of the supporting resources, 
                such as services, software and print resources, which 
                will be acquired to ensure successful and effective use 
                of technologies acquired under this section;
                    ``(F) the projected timetable for implementing such 
                plan in schools;
                    ``(G) the projected cost of technologies to be 
                acquired and related expenses needed to implement such 
                plan; and
                    ``(H) a description of how the local educational 
                agency will coordinate the technology provided pursuant 
                to this subpart with other grant funds available for 
                technology from State and local sources;
            ``(2) describe how the local educational agency will 
        involve parents, public libraries, business leaders and 
        community leaders in the development of such plan;
            ``(3) describe how the acquired instructionally based 
        technologies will help the local educational agency--
                    ``(A) promote equity in education in order to 
                support State content standards and State student 
                performance standards that may be developed; and
                    ``(B) provide access for teachers, parents and 
                students to the best teaching practices and curriculum 
                resources through technology; and
            ``(4) describe a process for the ongoing evaluation of how 
        technologies acquired under this section--
                    ``(A) will be integrated into the school 
                curriculum; and
                    ``(B) will affect student achievement and progress 
                toward meeting the National Education Goals and any 
                State content standards and State student performance 
                standards that may be developed.
    ``(f) Coordination of Application Requirements.--If a local 
educational agency submitting an application for assistance under this 
section has developed a comprehensive education improvement plan, in 
conjunction with requirements under this Act or the Goals 2000: Educate 
America Act, the State educational agency may approve such plan, or a 
component of such plan, notwithstanding the requirements of subsection 
(e) if the State educational agency determines that such approval would 
further the purposes of this section.

         ``Subpart 3--Special Rule Applicable to Appropriations

``SEC. 3141. SPECIAL RULE.

    ``(a) Appropriation of Less Than $50,000,000.--Notwithstanding any 
other provision of law, for any fiscal year for which the sum of the 
amounts appropriated pursuant to the authority of sections 3122(f), 
3123(b)(5), 3124(e), 3125(e), 3126(e), and 3132(c) is less than 
$50,000,000, the Secretary shall aggregate such amounts and make 
available--
            ``(1) 50 percent of such aggregate amount to carry out 
        subpart 1 for such year; and
            ``(2) 50 percent of such aggregate amount to carry out 
        subpart 2 for such year.
    ``(b) Appropriation Equal To or Greater Than $50,000,000.--
Notwithstanding any other provision of law, for any fiscal year for 
which the sum of the amounts appropriated pursuant to the authority of 
sections 3122(f), 3123(b)(5), 3124(e), 3125(e), 3126(e), and 3132(c) is 
equal to or greater than $50,000,000, the Secretary shall aggregate 
such amounts and make available--
            ``(1) the sum of $25,000,000 plus 35 percent of such 
        aggregate amount in excess of $50,000,000 to carry out subpart 
        1 for such year; and
            ``(2) the sum of $25,000,000 plus 65 percent of such 
        aggregate amount in excess of $50,000,000 to carry out subpart 
        2 for such year.

                     ``PART B--STAR SCHOOLS PROGRAM

``SEC. 3201. SHORT TITLE.

    ``This part may be cited as the `Star Schools Act'.

``SEC. 3202. PURPOSE.

    ``It is the purpose of this part to encourage improved instruction 
in mathematics, science, and foreign languages as well as other 
subjects, such as literacy skills and vocational education, and to 
serve underserved populations, including the disadvantaged, illiterate, 
limited-English proficient, and disabled, through a star schools 
program under which grants are made to eligible telecommunication 
partnerships to enable such partnerships to--
            ``(1) develop, construct, acquire, maintain and operate 
        telecommunications audio and visual facilities and equipment;
            ``(2) develop and acquire educational and instructional 
        programming; and
            ``(3) obtain technical assistance for the use of such 
        facilities and instructional programming.

``SEC. 3203. GRANTS AUTHORIZED.

    ``(a) Authority.--The Secretary, through the Office of Educational 
Technology, is authorized to make grants, in accordance with the 
provisions of this part, to eligible telecommunications partnerships to 
pay the Federal share of the cost of--
            ``(1) the development, construction, acquisition, 
        maintenance and operation of telecommunications facilities and 
        equipment;
            ``(2) the development and acquisition of live, interactive 
        instructional programming;
            ``(3) the development and acquisition of preservice and 
        inservice teacher training programs based on established 
        research regarding teacher-to-teacher mentoring, effective 
        skill transfer, and ongoing, in-class instruction;
            ``(4) the establishment of teleconferencing facilities and 
        resources for making interactive training available to 
        teachers;
            ``(5) obtaining technical assistance; and
            ``(6) the coordination of the design and connectivity of 
        telecommunications networks to reach the greatest number of 
        schools.
    ``(b) Duration.--
            ``(1) In general.--The Secretary shall award grants 
        pursuant to subsection (a) for a period of 5 years.
            ``(2) Renewal.--Grants awarded pursuant to subsection (a) 
        may be renewed for 1 additional 5-year period.
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $35,000,000 for fiscal year 1995, and such sums as may be 
        necessary for each of the 4 succeeding fiscal years, to carry 
        out this part.
            ``(2) Availability.--Funds appropriated pursuant to the 
        authority of subsection (a) shall remain available until 
        expended.
    ``(d) Limitations.--
            ``(1) Amount.--A grant made to an eligible 
        telecommunications partnership under subsection (a) shall not 
        exceed $5,000,000 in any 1 fiscal year.
            ``(2) Reservations.--
                    ``(A) Instructional programming.--Not less than 25 
                percent of the funds available to the Secretary in any 
                fiscal year under this part shall be used for the cost 
                of instructional programming.
                    ``(B) Facilities and equipment.--Not less than 25 
                percent of the funds available to the Secretary in any 
                fiscal year under this part shall be used for 
                telecommunications facilities and equipment.
            ``(3) Special rule.--Not less than 50 percent of the funds 
        available in any fiscal year under this part shall be used for 
        the cost of facilities, equipment, teacher training or 
        retraining, technical assistance, or programming, for local 
        educational agencies which are eligible to receive assistance 
        under part A of title I of the Elementary and Secondary 
        Education Act of 1965.
    ``(e) Federal Share.--
            ``(1) In general.--The Federal share for any fiscal year 
        shall be not more than 75 percent.
            ``(2) Waiver.--The Secretary may reduce or waive the 
        requirements of the non-Federal share required under paragraph 
        (1) for good cause, as determined by the Secretary.
    ``(f) Coordination.--The Department, the National Science 
Foundation, the Department of Agriculture, the Department of Commerce, 
and any other Federal department or agency operating a 
telecommunications network for educational purposes, shall coordinate 
the activities assisted under this part with the activities of such 
department or agency relating to a telecommunications network for 
educational purposes.
    ``(g) Closed Captioning and Descriptive Video.--Each entity 
receiving funds under this part is encouraged to provide--
            ``(1) closed captioning of the verbal content of such 
        program, where appropriate, to be broadcast by way of line 21 
        of the vertical blanking interval, or by way of comparable 
        successor technologies; and
            ``(2) descriptive video of the visual content of such 
        program, as appropriate.

``SEC. 3204. ELIGIBLE TELECOMMUNICATIONS PARTNERSHIPS.

    ``(a) In General.--In order to be eligible for a grant under this 
part, an eligible telecommunications partnership shall consist of--
            ``(1) a public agency or corporation established for the 
        purposes of developing and operating telecommunications 
        services to enhance educational opportunities provided by 
        educational institutions, teacher training centers, and other 
        entities, except that any such agency or corporation shall 
        represent the interest of elementary and secondary schools 
        which are eligible for assistance under part A of title I; or
            ``(2) a partnership that will provide telecommunications 
        services and which includes 3 or more of the following 
        entities, at least 1 of which shall be an agency described in 
        subparagraph (A) or (B):
                    ``(A) a local educational agency serving a 
                significant number of elementary and secondary schools 
                that are eligible for assistance under part A of title 
                I or elementary and secondary schools operated for 
                Indian children by the Department of the Interior under 
                section 1121(c);
                    ``(B) a State educational agency;
                    ``(C) an institution of higher education or a State 
                higher education agency;
                    ``(D) a teacher training center or academy which--
                            ``(i) provides teacher preservice and 
                        inservice training; and
                            ``(ii) receives Federal financial 
                        assistance or has been approved by a State 
                        agency;
                    ``(E)(i) a public or private entity with experience 
                and expertise in the planning and operation of a 
                telecommunications service, including entities involved 
                in telecommunications through satellite, cable, 
                telephone or computers; or
                    ``(ii) a public broadcasting entity with such 
                experience; or
                    ``(F) a public or private elementary or secondary 
                school.
    ``(b) Special Rule.--An eligible telecommunications partnership 
shall be organized on a statewide or multistate basis.

``SEC. 3205. APPLICATIONS.

    ``(a) Applications Required.--Each eligible telecommunications 
partnership which desires to receive a grant under section 3203 shall 
submit an application to the Secretary, at such time, in such manner, 
and containing or accompanied by such information as the Secretary may 
reasonably require.
    ``(b) Contents of the Application.--Each application submitted 
pursuant to subsection (a) shall--
            ``(1) describe the telecommunications facilities and 
        equipment and technical assistance for which assistance is 
        sought, which may include--
                    ``(A) the design, development, construction, 
                acquisition, maintenance and operation of State or 
                multistate educational telecommunications networks and 
                technology resource centers;
                    ``(B) microwave, fiber optics, cable, and satellite 
                transmission equipment or any combination thereof;
                    ``(C) reception facilities;
                    ``(D) satellite time;
                    ``(E) production facilities;
                    ``(F) other telecommunications equipment capable of 
                serving a wide geographic area;
                    ``(G) the provision of training services to 
                instructors who will be using the facilities and 
                equipment for which assistance is sought, including 
                training in using such facilities and equipment and 
                training in integrating programs into the classroom 
                curriculum; and
                    ``(H) the development of educational programming 
                for use on a telecommunications network;
            ``(2) in the case of an application for assistance for 
        instructional programming, describe the types of programming 
        which will be developed to enhance instruction and training and 
        provide assurances that such programming will be designed in 
        consultation with professionals (including classroom teachers) 
        who are experts in the applicable subject matter and grade 
        level;
            ``(3) demonstrate that the eligible telecommunications 
        partnership has engaged in sufficient survey and analysis of 
        the area to be served to ensure that the services offered by 
        the eligible telecommunications partnership will increase the 
        availability of courses of instruction in mathematics, science, 
        and foreign languages, as well as other subjects to be offered;
            ``(4) describe the training policies for teachers and other 
        school personnel to be implemented to ensure the effective use 
        of telecommunications facilities and equipment for which 
        assistance is sought;
            ``(5) provide assurances that the financial interest of the 
        United States in the telecommunications facilities and 
        equipment will be protected for the useful life of such 
        facilities and equipment;
            ``(6) provide assurances that a significant portion of any 
        facilities and equipment, technical assistance, and programming 
        for which assistance is sought for elementary and secondary 
        schools will be made available to schools or local educational 
        agencies that have a high number or percentage of children 
        eligible to be counted under part A of title I;
            ``(7) describe the manner in which traditionally 
        underserved students, such as students who are disadvantaged, 
        limited-English proficient, disabled, or illiterate, will 
        participate in the benefits of the telecommunications 
        facilities, equipment, technical assistance, and programming 
        assisted under this part;
            ``(8) provide assurances that the applicant will use the 
        funds provided under this part to supplement and not supplant 
        funds otherwise available for the purposes of this part;
            ``(9) if any member of the consortia is receiving 
        assistance under section 3122, describe how funds received 
        under this part will be coordinated with funds received for 
        educational technology in the classroom under such section;
            ``(10) describe the activities or services for which 
        assistance is sought, including activities and services such 
        as--
                    ``(A) providing facilities, equipment, training, 
                services, and technical assistance described in 
                paragraphs (1), (2), (4) and (7);
                    ``(B) making programs accessible to individuals 
                with disabilities through mechanisms such as closed 
                captioning and descriptive video services;
                    ``(C) linking networks together, for example, 
                around an issue of national importance, such as 
                national elections;
                    ``(D) sharing curriculum resources between networks 
                and development of program guides which demonstrate 
                cooperative, cross-network listing of programs for 
                specific curriculum areas;
                    ``(E) providing teacher and student support 
                services including classroom and training support 
                materials which permit student and teacher involvement 
                in the live interactive distance learning telecasts;
                    ``(F) incorporating community resources, such as 
                libraries and museums, into instructional programs;
                    ``(G) providing teacher training to early childhood 
                development and Head Start teachers and staff;
                    ``(H) providing teacher training to vocational 
                education teachers and staff;
                    ``(I) providing teacher training on proposed or 
                established voluntary national content standards in 
                mathematics and science and other disciplines as such 
                standards are developed;
                    ``(J) providing programs for adults to maximize the 
                use of telecommunications facilities and equipment; and
                    ``(K) providing parent education programs during 
                and after the regular school day which reinforce the 
                student's course of study and actively involve parents 
                in the learning process; and
            ``(11) include such additional assurances as the Secretary 
        may reasonably require.
    ``(c) Approval of Application; Priority.--The Secretary, in 
approving applications under this section, shall give priority to 
applications which demonstrate that--
            ``(1) a concentration and quality of mathematics, science, 
        and foreign languages resources which, by their distribution 
        through the eligible telecommunications partnership, will offer 
        significant new educational opportunities to network 
        participants, particularly to traditionally underserved 
        populations and areas with scarce resources and limited access 
        to courses in mathematics, science, and foreign languages;
            ``(2) the eligible telecommunications partnership has 
        secured the direct cooperation and involvement of public and 
        private educational institutions, State and local government, 
        and industry in planning the network and ensuring that there is 
        not needless duplication of existing information 
        infrastructure;
            ``(3) the eligible telecommunications partnership will 
        serve the broadest range of institutions, including in the case 
        of elementary and secondary schools, those elementary and 
        secondary schools having a significant number of students 
        eligible to be counted under part A of title I, programs 
        providing instruction outside of the school setting, 
        institutions of higher education, teacher training centers, 
        research institutes, and private industry;
            ``(4) a significant number of educational institutions have 
        agreed to participate or will participate in the use of the 
        telecommunications system for which assistance is sought;
            ``(5) the eligible telecommunications partnership will have 
        substantial academic and teaching capabilities, including the 
        capability of training, retraining, and inservice upgrading of 
        teaching skills and the capability to provide professional 
        development leading to comprehensive effective instructional 
        strategies, outcomes-based curriculum and parenting practices;
            ``(6) the eligible telecommunications partnership will--
                    ``(A) provide a comprehensive range of courses for 
                educators to teach instructional strategies for 
                students with different skill levels;
                    ``(B) provide training to participating educators 
                in ways to integrate telecommunications courses into 
                existing school curriculum; and
                    ``(C) provide instruction for students, teachers, 
                and parents;
            ``(7) the eligible telecommunications partnership will 
        serve a multistate area;
            ``(8) the eligible telecommunications partnership will give 
        priority to the provision of equipment and linkages to isolated 
        areas;
            ``(9) a telecommunications entity (such as a satellite, 
        cable, telephone, computer, or public or private television 
        stations) will participate in the partnership and will donate 
        equipment or in kind services for telecommunications linkages; 
        and
            ``(10) the eligible telecommunications partnership will, in 
        providing services with assistance under this part, meet the 
        needs of groups of individuals traditionally excluded from 
        careers in mathematics and science because of discrimination, 
        inaccessibility, or economically disadvantaged backgrounds.
    ``(d) Geographic Distribution.--In approving applications under 
this section, the Secretary shall assure an equitable geographic 
distribution of grants under this part.

``SEC. 3206. LEADERSHIP AND EVALUATION ACTIVITIES.

    ``(a) Reservation.--From the amount appropriated pursuant to the 
authority of section 3203(c)(1) in each fiscal year, the Secretary may 
reserve not more than 5 percent of such amount for national leadership, 
evaluation, and peer review activities.
    ``(b) Method of Funding.--The Secretary may fund the activities 
described in subsection (a) directly or through grants, contracts, and 
cooperative agreements.
    ``(c) Uses of Funds.--
            ``(1) Leadership.--Funds reserved for leadership activities 
        under subsection (a) may be used for--
                    ``(A) disseminating information, including lists 
                and descriptions of services available from recipients; 
                and
                    ``(B) other activities designed to enhance the 
                quality of distance learning activities nationwide.
            ``(2) Evaluation.--Funds reserved for evaluation activities 
        under subsection (a) may be used to conduct independent 
        evaluations of the activities assisted under this part and of 
        distance learning in general, including--
                    ``(A) analyses of distance learning efforts, 
                including such efforts that are assisted under this 
                part and such efforts that are not assisted under this 
                part; and
                    ``(B) comparisons of the effects, including student 
                outcomes, of different technologies in distance 
                learning efforts.
            ``(3) Peer review.--Funds reserved for peer review 
        activities under subsection (a) may be used for peer review 
        of--
                    ``(A) applications for grants under this part; and
                    ``(B) activities assisted under this part.

``SEC. 3207. ADMINISTRATIVE PROVISIONS.

    ``(a) Continuing Eligibility.--
            ``(1) In general.--In order to be eligible to receive a 
        grant under section 3203 for a second 5-year grant period an 
        eligible telecommunications partnership shall demonstrate in 
        the application submitted pursuant to section 3205 that such 
        partnership will--
                    ``(A) continue to provide services in the subject 
                areas and geographic areas assisted with funds received 
                under this part for the previous 5-year grant period; 
                and
                    ``(B) use all grant funds received under this part 
                for the second 5-year grant period to provide expanded 
                services by--
                            ``(i) increasing the number of students, 
                        schools or school districts served by the 
                        courses of instruction assisted under this part 
                        in the previous fiscal year;
                            ``(ii) providing new courses of 
                        instruction; and
                            ``(iii) serving new populations of 
                        underserved individuals, such as children or 
                        adults who are disadvantaged, have limited-
                        English proficiency, are disabled, are 
                        illiterate, or lack secondary school diplomas 
                        or their recognized equivalent.
            ``(2) Special rules.--Grant funds received pursuant to the 
        application of paragraph (1) shall be used to supplement and 
        not supplant services provided by the recipient under this part 
        in the previous fiscal year.
    ``(b) Federal Activities.--The Secretary may assist grant 
recipients under section 3203 in acquiring satellite time, where 
appropriate, as economically as possible.

``SEC. 3208. OTHER ASSISTANCE.

    ``(a) Special Statewide Network.--
            ``(1) In general.--The Secretary, through the Office of 
        Educational Technology, may provide assistance to a statewide 
        telecommunications network under this subsection if such 
        network--
                    ``(A) provides 2-way full motion interactive video 
                and audio communications;
                    ``(B) links together public colleges and 
                universities and secondary schools throughout the 
                State; and
                    ``(C) meets any other requirements determined 
                appropriate by the Secretary.
            ``(2) State contribution.--A statewide telecommunications 
        network assisted under paragraph (1) shall contribute, either 
        directly or through private contributions, non-Federal funds 
        equal to not less than 50 percent of the cost of such network.
    ``(b) Special Local Network.--
            ``(1) In general.--The Secretary may provide assistance, on 
        a competitive basis, to a local educational agency or 
        consortium thereof to enable such agency or consortium to 
        establish a high technology demonstration program.
            ``(2) Program requirements.--A high technology 
        demonstration program assisted under paragraph (1) shall--
                    ``(A) include 2-way full motion interactive video, 
                audio and text communications;
                    ``(B) link together elementary and secondary 
                schools, colleges, and universities;
                    ``(C) provide parent participation and family 
                programs;
                    ``(D) include a staff development program; and
                    ``(E) have a significant contribution and 
                participation from business and industry.
            ``(3) Special rule.--Each high technology demonstration 
        program assisted under paragraph (1) shall be of sufficient 
        size and scope to have an effect on meeting the National 
        Education Goals.
            ``(4) Matching requirement.--A local educational agency or 
        consortium receiving a grant under paragraph (1) shall provide, 
        either directly or through private contributions, non-Federal 
        matching funds equal to not less than 50 percent of the amount 
        of the grant.
    ``(c) Telecommunications Programs for Continuing Education.--
            ``(1) Authority.--The Secretary is authorized to award 
        grants, on a competitive basis, to eligible telecommunications 
        partnerships to enable such partnerships to develop and operate 
        one or more programs which provide on-line access to 
        educational resources in support of continuing education and 
        curriculum requirements relevant to achieving a secondary 
        school diploma or its equivalent. The program authorized by 
        this section shall be designed to advance adult literacy, 
        secondary school completion and the acquisition of specified 
        competency by the end of the 12th grade, as envisioned by the 
        Goals 2000: Educate America Act.
            ``(2) Application.--Each eligible telecommunications 
        partnership desiring a grant under this section shall submit an 
        application to the Secretary. Each such application shall--
                    ``(A) demonstrate that the applicant will use 
                publicly funded or free public telecommunications 
                infrastructure to deliver video, voice and data in an 
                integrated service to support and assist in the 
                acquisition of a secondary school diploma or its 
                equivalent;
                    ``(B) assure that the content of the materials to 
                be delivered is consistent with the accreditation 
                requirements of the State for which such materials are 
                used;
                    ``(C) incorporate, to the extent feasible, 
                materials developed in the Federal departments and 
                agencies and under appropriate federally funded 
                projects and programs;
                    ``(D) assure that the applicant has the 
                technological and substantive experience to carry out 
                the program; and
                    ``(E) contain such additional assurances as the 
                Secretary may reasonably require.

``SEC. 3209. DEFINITIONS.

    ``As used in this part--
            ``(1) the term `educational institution' means an 
        institution of higher education, a local educational agency, or 
        a State educational agency;
            ``(2) the term `instructional programming' means courses of 
        instruction, training courses, and resources used in such 
        instruction and training, which have been prepared in audio and 
        visual form on tape, disc, film, live, and presented by means 
        of telecommunications devices;
            ``(3) the term `public broadcasting entity' has the same 
        meaning given that term by section 397 of the Communications 
        Act of 1934; and
            ``(4) the term `State' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the Virgin Islands, the Republic of the 
        Marshall Islands, the Federated States of Micronesia, the 
        Republic of Palau, and the Commonwealth of the Northern Mariana 
        Islands.

                  ``PART C--READY-TO-LEARN TELEVISION

``SEC. 3301. READY-TO-LEARN.

    ``(a) In General.--The Secretary is authorized to enter into 
contracts, cooperative agreements, or grants with entities described in 
section 3302(b) to develop, produce, and distribute educational and 
instructional video programming for preschool and elementary school 
children and their parents in order to facilitate the achievement of 
the National Education Goals.
    ``(b) Availability.--In making such contracts, cooperative 
agreements, or grants, the Secretary shall ensure that recipients make 
programming widely available with support materials as appropriate to 
young children, their parents, child care workers, and Head Start 
providers to increase the effective use of such programming.

``SEC. 3302. EDUCATIONAL PROGRAMMING.

    ``(a) Awards.--The Secretary shall award contracts, cooperative 
agreements, or grants to eligible entities to--
            ``(1) facilitate the development directly or through 
        contracts with producers of children and family educational 
        television programming, educational programming for preschool 
        and elementary school children, and accompanying support 
        materials and services that promote the effective use of such 
        programming; and
            ``(2) contract with entities (such as public broadcasting 
        entities and those funded under the Star Schools Act) in order 
        that programs developed under this section are disseminated and 
        distributed to the widest possible audience appropriate to be 
        served by the programming by the most appropriate distribution 
        technologies.
    ``(b) Eligible Entities.--To be eligible to receive a contract, 
cooperative agreement, or grant under subsection (a), an entity shall 
be--
            ``(1) a nonprofit entity (including a public 
        telecommunications entity) able to demonstrate a capacity for 
        the development and distribution of educational and 
        instructional television programming of high quality for 
        preschool and elementary school children; and
            ``(2) able to demonstrate a capacity to contract with the 
        producers of children's television programming for the purpose 
        of developing educational television programming of high 
        quality for preschool and elementary school children.
    ``(c) Cultural Experiences.--Programming developed under this 
section shall reflect the recognition of diverse cultural experiences 
and the needs and experiences of both boys and girls in engaging and 
preparing young children for schooling.

``SEC. 3303. DUTIES OF SECRETARY.

    ``The Secretary is authorized--
            ``(1) to establish and administer a Special Projects of 
        National Significance program to award contracts, cooperative 
        agreements, or grants to public and nonprofit private entities, 
        or local public television stations or such public television 
        stations that are part of a consortium with one or more State 
        educational agencies, local educational agencies, local 
        schools, institutions of higher education, or community-based 
        organizations of demonstrated effectiveness, for the purpose 
        of--
                    ``(A) addressing the learning needs of young 
                children in limited-English proficient households, and 
                developing appropriate educational and instructional 
                television programming to foster the school readiness 
                of such children;
                    ``(B) developing programming and support materials 
                to increase family literacy skills among parents to 
                assist parents in teaching their children and utilizing 
                educational television programming to promote school 
                readiness; and
                    ``(C) identifying, supporting, and enhancing the 
                effective use and outreach of innovative programs that 
                promote school readiness;
            ``(2) to establish within the Department a clearinghouse to 
        compile and provide information, referrals and model program 
        materials and programming obtained or developed under this part 
        to parents, child care providers, and other appropriate 
        individuals or entities to assist such individuals and entities 
        in accessing programs and projects under this part; and
            ``(3) to develop and disseminate training materials, 
        including--
                    ``(A) interactive programs and programs adaptable 
                to distance learning technologies that are designed to 
                enhance knowledge of children's social and cognitive 
                skill development and positive adult-child 
                interactions; and
                    ``(B) support materials to promote the effective 
                use of materials developed under paragraph (2);
        among parents, Head Start providers, in-home and center based 
        day care providers, early childhood development personnel, and 
        elementary school teachers, public libraries, and after school 
        program personnel caring for preschool and elementary school 
        children;
            ``(4) coordinate activities with the Secretary of Health 
        and Human Services in order to--
                    ``(A) maximize the utilization of quality 
                educational programming by preschool and elementary 
                school children, and make such programming widely 
                available to federally funded programs serving such 
                populations; and
                    ``(B) provide information to recipients of funds 
                under Federal programs that have major training 
                components for early childhood development, including 
                Head Start, Even Start, and State training activities 
                funded under the Child Care Development Block Grant Act 
                of 1990 regarding the availability and utilization of 
                materials developed under paragraph (3) to enhance 
                parent and child care provider skills in early 
                childhood development and education.

``SEC. 3304. APPLICATIONS.

    ``Each eligible entity desiring a contract, cooperative agreement, 
or grant under section 3301 or 3303 shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may reasonably require.

``SEC. 3305. REPORTS AND EVALUATION.

    ``(a) Annual Report to Secretary.--An entity receiving funds under 
section 3301 shall prepare and submit to the Secretary an annual report 
which contains such information as the Secretary may require. At a 
minimum, the report shall describe the program activities undertaken 
with funds received under this section, including--
            ``(1) the programming that has been developed directly or 
        indirectly by the entity, and the target population of the 
        programs developed;
            ``(2) the support materials that have been developed to 
        accompany the programming, and the method by which such 
        materials are distributed to consumers and users of the 
        programming;
            ``(3) the means by which programming developed under this 
        section has been distributed, including the distance learning 
        technologies that have been utilized to make programming 
        available and the geographic distribution achieved through such 
        technologies; and
            ``(4) the initiatives undertaken by the entity to develop 
        public-private partnerships to secure non-Federal support for 
        the development and distribution and broadcast of educational 
        and instructional programming.
    ``(b) Report to Congress.--The Secretary shall prepare and submit 
to the relevant committees of Congress a biannual report which 
includes--
            ``(1) a summary of the information made available under 
        section 3302(a); and
            ``(2) a description of the training materials made 
        available under section 3303(3), the manner in which outreach 
        has been conducted to inform parents and child care providers 
        of the availability of such materials, and the manner in which 
        such materials have been distributed in accordance with such 
        section.

``SEC. 3306. ADMINISTRATIVE COSTS.

    ``With respect to the implementation of section 3302, entities 
receiving a contract, cooperative agreement, or grant from the 
Secretary may use not more than 5 percent of the amounts received under 
such section for the normal and customary expenses of administering the 
contract, cooperative agreement, or grant.

``SEC. 3307. DEFINITION.

    ``For the purposes of this part, the term `distance learning' means 
the transmission of educational or instructional programming to 
geographically dispersed individuals and groups via telecommunications.

``SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this part, $30,000,000 for fiscal year 1995, and such sums as may 
be necessary for each of the 4 succeeding fiscal years. Not less than 
60 percent of the amounts appropriated under this subsection for each 
fiscal year shall be used to carry out section 3302.
    ``(b) Special Projects.--Of the amount appropriated under 
subsection (1) for each fiscal year, at least 10 percent of such amount 
shall be utilized in each such fiscal year for activities under section 
3303(1)(C).

     ``PART D--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM

``SEC. 3401. SHORT TITLE.

    ``This part may be cited as the `Elementary Mathematics and Science 
Equipment Act'.

``SEC. 3402. STATEMENT OF PURPOSE.

    ``It is the purpose of this part to raise the quality of 
instruction in mathematics and science in the Nation's elementary 
schools by providing equipment and materials necessary for hands-on 
instruction through assistance to State and local educational agencies.

``SEC. 3403. PROGRAM AUTHORIZED.

    ``The Secretary is authorized to make allotments to State 
educational agencies under section 3404 to enable such agencies to 
award grants to local educational agencies for the purpose of providing 
equipment and materials to elementary schools to improve mathematics 
and science education in such schools.

``SEC. 3404. ALLOTMENTS OF FUNDS.

    ``(a) In General.--From the amount appropriated under section 3410 
for any fiscal year, the Secretary shall reserve--
            ``(1) not more than one-half of 1 percent for allotment 
        among Guam, American Samoa, the Virgin Islands, the Northern 
        Mariana Islands, the Republic of the Marshall Islands, the 
        Federated States of Micronesia, and Palau according to their 
        respective needs for assistance under this part; and
            ``(2) one-half of 1 percent for programs for Indian 
        students served by schools funded by the Secretary of the 
        Interior which are consistent with the purposes of this part.
    ``(b) Allotment.--
            ``(1) In general.--The remainder of the amount so 
        appropriated (after meeting requirements in subsection (a)) 
        shall be allotted among State educational agencies so that--
                    ``(A) one-half of such remainder shall be 
                distributed by allotting to each State educational 
                agency an amount which bears the same ratio to such 
                one-half of such remainder as the number of children 
                aged 5 to 17, inclusive, in the State bears to the 
                number of such children in all States; and
                    ``(B) one-half of such remainder shall be 
                distributed according to each State's share of 
                allocations under part A of title I.
            ``(2) Minimum.--Except as provided in paragraph (3), no 
        State educational agency shall receive an allotment under this 
        subsection for any fiscal year in an amount that is--
                    ``(A) less than one-half of 1 percent of the amount 
                made available under this subsection for such fiscal 
                year; or
                    ``(B) less than the amount allotted to such State 
                for fiscal year 1988 under title II of the Education 
                for Economic Security Act.
            ``(3) Ratable reductions.--(A) If the sums made available 
        under this part for any fiscal year are insufficient to pay the 
        full amounts that all State educational agencies are eligible 
        to receive under paragraph (2)(B) for such year, the Secretary 
        shall ratably reduce the allotment to such agencies for such 
        year.
            ``(B) If additional funds become available for making 
        payments under paragraph (2)(B) for such fiscal year, 
        allotments that were reduced under subparagraph (A) shall be 
        increased on the same basis as such allotments were reduced.
    ``(c) Reallotment of Unused Funds.--The amount of any State 
educational agency's allotment under subsection (b) for any fiscal year 
to carry out this part which the Secretary determines will not be 
required for that fiscal year to carry out this part shall be available 
for reallotment from time to time, on such dates during that year as 
the Secretary may determine, to other State educational agencies in 
proportion to the original allotments to those State educational 
agencies under subsection (b) for that year but with such proportionate 
amount for any of those other State educational agencies being reduced 
to the extent it exceeds the sum the Secretary estimates that the State 
educational agency needs and will be able to use for that year, and the 
total of those reductions shall be similarly reallotted among the State 
educational agencies whose proportionate amounts were not so reduced. 
Any amounts reallotted to a State educational agency under this 
subsection during a year shall be deemed a part of the State 
educational agency's allotment under subsection (b) for that year.
    ``(d) Definition.--For the purposes of this part the term `State' 
means each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.
    ``(e) Data.--The number of children aged 5 to 17, inclusive, in the 
State and in all States shall be determined by the Secretary on the 
basis of the most recent satisfactory data available to the Secretary.

``SEC. 3405. STATE APPLICATION.

    ``(a) Application.--Each State educational agency desiring to 
receive an allotment under this part shall file an application with the 
Secretary which covers a period of 5 fiscal years. Such application 
shall be filed at such time, in such manner, and containing or 
accompanied by such information as the Secretary may reasonably 
require.
    ``(b) Contents of Application.--Each application described in 
subsection (a) shall--
            ``(1) provide assurances that--
                    ``(A) the State educational agency shall use the 
                allotment provided under this part to award grants to 
                local educational agencies within the State to enable 
                such local educational agencies to provide assistance 
                to schools served by such agency to carry out the 
                purpose of this part;
                    ``(B) the State educational agency will provide 
                such fiscal control and funds accounting as the 
                Secretary may require;
                    ``(C) every public elementary school in the State 
                is eligible to receive assistance under this part once 
                over the 5-year duration of the program assisted under 
                this part;
                    ``(D) funds provided under this part will 
                supplement, not supplant, State and local funds made 
                available for activities authorized under this part;
                    ``(E) during the 5-year period described in the 
                application, the State educational agency will evaluate 
                its standards and programs for teacher preparation and 
                inservice professional development for elementary 
                mathematics and science;
                    ``(F) the State educational agency will take into 
                account the needs for greater access to and 
                participation in mathematics and science by students 
                and teachers from historically underrepresented groups, 
                including females, minorities, individuals with 
                limited-English proficiency, the economically 
                disadvantaged, and individuals with disabilities; and
                    ``(G) that the needs of teachers and students in 
                areas with high concentrations of low-income students 
                and sparsely populated areas will be given priority in 
                awarding assistance under this part;
            ``(2) provide, if appropriate, a description of how funds 
        paid under this part will be coordinated with State and local 
        funds and other Federal resources, particularly with respect to 
        programs for the professional development and inservice 
        training of elementary school teachers in science and 
        mathematics; and
            ``(3) describe procedures--
                    ``(A) for submitting applications for programs 
                described in section 3406 for distribution of 
                assistance under this part within the State; and
                    ``(B) for approval of applications by the State 
                educational agency, including appropriate procedures to 
                assure that such agency will not disapprove an 
                application without notice and opportunity for a 
                hearing.
    ``(c) State Administration.--Not more than 5 percent of the funds 
allotted to each State educational agency under this part shall be used 
for the administrative costs of such agency associated with carrying 
out the program assisted under this part.

``SEC. 3406. LOCAL APPLICATION.

    ``(a) Application.--A local educational agency that desires to 
receive a grant under this part shall submit an application to the 
State educational agency. Each such application shall contain 
assurances that each school served by the local educational agency 
shall be eligible for assistance under this part only once.
    ``(b) Contents of Application.--Each application described in 
subsection (a) shall--
            ``(1) describe how the local educational agency plans to 
        set priorities on the use and distribution among schools of 
        grant funds received under this part to meet the purpose of 
        this part;
            ``(2) include assurances that the local educational agency 
        has made every effort to match on a dollar-for-dollar basis 
        from private or public sources the funds received under this 
        part, except that no such application shall be penalized or 
        denied assistance under this part based on failure to provide 
        such matching funds;
            ``(3) describe, if applicable, how funds under this part 
        will be coordinated with State, local, and other Federal 
        resources, especially with respect to programs for the 
        professional development and inservice training of elementary 
        school teachers in science and mathematics; and
            ``(4) describe the process which will be used to determine 
        different levels of assistance to be awarded to schools with 
        different needs.
    ``(c) Priority.--In awarding grants under this part, the State 
educational agency shall give priority to applications that--
            ``(1) assign highest priority to providing assistance to 
        schools which--
                    ``(A) are most seriously underequipped; or
                    ``(B) serve large numbers or percentages of 
                economically disadvantaged students;
            ``(2) are attentive to the needs of underrepresented groups 
        in science and mathematics;
            ``(3) demonstrate how science and mathematics equipment 
        will be part of a comprehensive plan of curriculum planning or 
        implementation and teacher training supporting hands-on 
        laboratory activities; and
            ``(4) assign priority to providing equipment and materials 
        for students in grades 1 through 6.

``SEC. 3407. PROGRAM REQUIREMENTS.

    ``(a) Coordination.--Each State educational agency receiving an 
allotment under this part shall--
            ``(1) disseminate information to school districts and 
        schools, including private nonprofit elementary schools, 
        regarding the program assisted under this part;
            ``(2) evaluate applications of local educational agencies;
            ``(3) award grants to local educational agencies based on 
        the priorities described in section 3406(c); and
            ``(4) evaluate local educational agencies' end-of-year 
        summaries and submit such evaluation to the Secretary.
    ``(b) Limitations on Use of Funds.--
            ``(1) In general.--Except as provided in paragraph (2), 
        grant funds and matching funds under this part only shall be 
        used to purchase science equipment, science materials, or 
        mathematical manipulative materials and shall not be used for 
        computers, computer peripherals, software, textbooks, or staff 
        development costs.
            ``(2) Capital improvements.--Grant funds under this part 
        may not be used for capital improvements. Not more than 50 
        percent of any matching funds provided by the local educational 
        agency may be used for capital improvements of classroom 
        science facilities to support the hands-on instruction that 
        this part is intended to support, such as the installation of 
        electrical outlets, plumbing, lab tables or counters, or 
        ventilation mechanisms.

``SEC. 3408. FEDERAL ADMINISTRATION.

    ``(a) Technical Assistance and Evaluation Procedures.--The 
Secretary shall provide technical assistance and, in consultation with 
State and local representatives of the program assisted under this 
part, shall develop procedures for State and local evaluations of the 
programs assisted under this part.
    ``(b) Report.--The Secretary shall report to the Congress each year 
on the program assisted under this part in accordance with section 
10701.

``SEC. 3409. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $30,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this part.

   ``PART E--ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA RESOURCES 
                                PROGRAM

``SEC. 3501. PROGRAM AUTHORIZED.

    ``The Secretary shall award grants or make allocations for the 
acquisition of school library media resources for the use of students, 
library media specialists, and teachers in elementary and secondary 
schools in accordance with this part.

``SEC. 3502. FUNDING REQUIREMENTS.

    ``(a) In General.--From the amount appropriated to carry out part A 
in each fiscal year, the Secretary shall make available at least 10 
percent but not more than 20 percent of such amount to make awards in 
accordance with subsection (b) to States having a plan approved under 
section 3503.
    ``(b) Special Rule.--
            ``(1) Amounts below $50,000,000.--If the amount made 
        available under subsection (a) for a fiscal year is less than 
        $50,000,000, then the Secretary shall award grants to States, 
        on a competitive basis, taking into account such factors as age 
        and condition of existing school library media collections and 
        the relative economic need of the students to be served.
            ``(2) Amounts equal to or exceeding $50,000,000.--If the 
        amount made available under subsection (a) for a fiscal year 
        equals or exceeds $50,000,000, then the Secretary shall 
        allocate to each State an amount which bears the same 
        relationship to such amount as the amount such State received 
        under title II for such year bears to the amount all States 
        received under such title for such year.

``SEC. 3503. STATE PLANS.

    ``In order for a State to receive a grant or an allocation of funds 
under this part for any fiscal year, such State shall have in effect 
for such fiscal year a State plan. Such plan shall--
            ``(1) designate the State educational agency as the State 
        agency responsible for the administration of the program 
        assisted under this part;
            ``(2) set forth a program under which funds paid to the 
        State in accordance with section 3502 will be expended solely 
        for--
                    ``(A) acquisition of school library media 
                resources, including books and foreign language 
                resources, for the use of students, school library 
                media specialists, and teachers in elementary and 
                secondary schools in the United States; and
                    ``(B) administration of the State plan, including 
                development and revision of standards, relating to 
                school library media resources, except that the amount 
                used for administration of the State plan in any fiscal 
                year shall not exceed 3 percent of the amount available 
                to such State under section 3502 for such fiscal year; 
                and
            ``(3) set forth criteria to be used in allotting funds for 
        school library media resources among the local educational 
        agencies of the State, which allotment shall take into 
        consideration the relative need of the students, school media 
        specialists, and teachers to be served.

``SEC. 3504. DISTRIBUTION OF ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

    ``From the funds made available under section 3502 to a State in 
each fiscal year, such State shall distribute not less than 97 percent 
of such funds for such year to local educational agencies within such 
State on the same basis as allocations are made available to States 
under section 2122.

               ``PART F--BUDDY SYSTEM COMPUTER EDUCATION

``SEC. 3601. SHORT TITLE.

    ``This part may be cited as the `Buddy System Computer Education 
Act'.

``SEC. 3602. PURPOSE.

    ``It is the purpose of this part to award demonstration grants to 
develop and expand public-private partnership programs which extend the 
learning experience, via computers, beyond the classroom environment in 
order to--
            ``(1) enhance learning by providing students with the 
        technological tools and guidance necessary to develop skills 
        critical to educational growth and success in the workplace, 
        including--
                    ``(A) mastery of fundamental computer technology 
                and applications;
                    ``(B) improved written and visual communication 
                skills;
                    ``(C) improved critical thinking and problem 
                solving abilities; and
                    ``(D) improved ability to work in a collaborative, 
                teamwork-driven environment;
            ``(2) encourage parental involvement in education and total 
        family use and understanding of computers and 
        telecommunications through at-home applications; and
            ``(3) establish foundations for lifelong learning through 
        improvement in education skills and student motivation and 
        attitudes.

``SEC. 3603. GRANT AUTHORIZATION.

    ``(a) Grant Program.--
            ``(1) In general.--The Secretary shall conduct a program of 
        awarding a grant to each of 3 States to enable such States to 
        create a computer-based education project for children in 
        grades 4 through 6 in accordance with the requirements of 
        section 3604.
            ``(2) Award basis.--The Secretary shall award grants under 
        this part on a competitive basis.
            ``(3) Preference.--In awarding grants under this part, the 
        Secretary shall give preference to applications--
                    ``(A) from States that have a demonstrated ability 
                or commitment to computer-based technology education; 
                and
                    ``(B) describing projects that serve school 
                districts which serve a large number or percentage of 
                economically disadvantaged students.
    ``(b) Site Selection and Project Implementation.--Site selection 
and implementation of the computer-based education projects assisted 
under this part shall take place not later than 9 months after funds 
are appropriated to carry out this part pursuant to the authority of 
section 3608.

``SEC. 3604. PROGRAM REQUIREMENTS.

    ``Each State receiving a grant to conduct a computer-based 
education project under this part shall--
            ``(1) provide a continuous 3-year computer-based education 
        project to 2 consecutive groups of 4th, 5th, and 6th grade 
        elementary school students during the period commencing with 
        each such group's entry into 4th grade and ending the summer 
        following each such group's completion of 6th grade;
            ``(2) ensure that each student in each of the classes 
        participating in the project shall participate in the project;
            ``(3) conduct such project in not more than 7 public 
        elementary schools within the State; and
            ``(4) ensure that each student participating in the project 
        shall have access to a computer--
                    ``(A) at school during the school year; and
                    ``(B) at home during the school year and summer.

``SEC. 3605. APPLICATIONS.

    ``(a) Application Required.--In order to receive a grant under this 
part, the State educational agency shall submit an application to the 
Secretary in such form and containing such information as the Secretary 
may reasonably require. Such application shall include an assurance 
from the State educational agency that the State educational agency has 
made every effort to match on a dollar-for-dollar basis from private or 
public sources the funds received under this part, except that no such 
application shall be penalized or denied assistance under this part on 
the basis of the failure to provide such matching funds.
    ``(b) Application Period.--States shall be eligible to submit 
applications for assistance under this part during a 3-month period 
determined by the Secretary.

``SEC. 3606. USE OF FUNDS.

    ``Grant funds under this part shall be used to provide hardware and 
software components to all sites, and training for classroom teachers 
as well as parents, administrators and technical personnel.

``SEC. 3607. EVALUATION.

    ``The Secretary shall evaluate the demonstration program assisted 
under this part and shall report to the Congress regarding the overall 
effectiveness of such program.

``SEC. 3608. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $5,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this part.

                 ``TITLE IV--MAGNET SCHOOLS ASSISTANCE

``SEC. 4101. FINDINGS.

    ``The Congress finds that--
            ``(1) magnet schools are a significant part of our Nation's 
        effort to achieve voluntary desegregation in our Nation's 
        schools;
            ``(2) the use of magnet schools has increased dramatically 
        since the date of enactment of the Magnet Schools Assistance 
        program, with approximately 1,400,000 students nationwide now 
        attending such schools, of which more than 60 percent of the 
        students are nonwhite;
            ``(3) magnet schools offer a wide range of distinctive 
        programs that have served as models for school improvement 
        efforts;
            ``(4) in administering the Magnet Schools Assistance 
        program, the Federal Government has learned that--
                    ``(A) where magnet programs are implemented for 
                only a portion of a school's student body, special 
                efforts must be made to discourage the isolation of--
                            ``(i) magnet students from other students 
                        in the school; and
                            ``(ii) students by racial characteristics;
                    ``(B) school districts can maximize their 
                effectiveness in achieving the purposes of the Magnet 
                Schools Assistance program if such districts have more 
                flexibility in the administration of such program in 
                order to serve students attending a school who are not 
                enrolled in the magnet school program;
                    ``(C) school districts must be creative in 
                designing magnet schools for students at all academic 
                levels, so that school districts do not skim off only 
                the highest achieving students to attend the magnet 
                schools;
                    ``(D) consistent with desegregation guidelines, 
                school districts must seek to enable participation in 
                magnet school programs by students who reside in the 
                neighborhoods where the programs operate; and
                    ``(E) in order to ensure that magnet schools are 
                sustained after Federal funding ends, the Federal 
                Government must assist school districts to improve 
                their capacity to continue to operate magnet schools at 
                a high level of performance;
            ``(5) it is in the best interest of the Federal Government 
        to--
                    ``(A) continue the Federal Government's support of 
                school districts implementing court-ordered 
                desegregation plans and school districts seeking to 
                foster meaningful interaction among students of 
                different racial and ethnic backgrounds, beginning at 
                the earliest stage of such students' education;
                    ``(B) ensure that all students have equitable 
                access to quality education that will prepare such 
                students to function well in a culturally diverse, 
                technologically oriented, and highly competitive, 
                global community; and
                    ``(C) maximize the ability of school districts to 
                plan, develop, implement and continue effective and 
                innovative magnet schools that contribute to State and 
                local systemic reform.

``SEC. 4102. STATEMENT OF PURPOSE.

    ``The purpose of this title is to assist in the desegregation of 
school districts by providing financial assistance to eligible local 
educational agencies for--
            ``(1) the elimination, reduction, or prevention of minority 
        group isolation in elementary and secondary schools with 
        substantial proportions of minority students;
            ``(2) the development and implementation of magnet school 
        projects that will assist local educational agencies in 
        achieving systemic reforms and providing all students the 
        opportunity to meet challenging State content standards and 
        challenging State student performance standards;
            ``(3) the development and design of innovative educational 
        methods and practices; and
            ``(4) courses of instruction within magnet schools that 
        will substantially strengthen the knowledge of academic 
        subjects and the grasp of tangible and marketable vocational 
        skills of students attending such schools.

``SEC. 4103. PROGRAM AUTHORIZED.

    ``The Secretary, in accordance with this title, is authorized to 
make grants to local educational agencies, and consortia of such 
agencies where appropriate, to carry out the purpose of this title for 
magnet schools that are--
            ``(1) part of an approved desegregation plan; and
            ``(2) designed to bring students from different social, 
        economic, ethnic, and racial backgrounds together.

``SEC. 4104. DEFINITION.

    ``For the purpose of this title, the term `magnet school' means a 
public school or public education center that offers a special 
curriculum capable of attracting substantial numbers of students of 
different racial backgrounds.

``SEC. 4105. ELIGIBILITY.

    ``A local educational agency, or consortium of such agencies where 
appropriate, is eligible to receive assistance under this title to 
carry out the purposes of this title if such agency or consortium--
            ``(1) is implementing a plan undertaken pursuant to a final 
        order issued by a court of the United States, or a court of any 
        State, or any other State agency or official of competent 
        jurisdiction, and that requires the desegregation of minority-
        group-segregated children or faculty in the elementary and 
        secondary schools of such agency; or
            ``(2) without having been required to do so, has adopted 
        and is implementing, or will, if assistance is made available 
        to such local educational agency or consortium of such agencies 
        under this part, adopt and implement a plan that has been 
        approved by the Secretary as adequate under title VI of the 
        Civil Rights Act of 1964 for the desegregation of minority-
        group-segregated children or faculty in such schools.

``SEC. 4106. APPLICATIONS AND REQUIREMENTS.

    ``(a) Applications.--An eligible local educational agency or 
consortium of such agencies desiring to receive assistance under this 
title shall submit an application to the Secretary at such time, in 
such manner, and containing such information and assurances as the 
Secretary may require.
    ``(b) Information and Assurances.--Each such application shall 
include--
            ``(1) a description of--
                    ``(A) how assistance made available under this 
                title will be used to promote desegregation, including 
                how the proposed magnet school project will increase 
                interaction among students of different social, 
                economic, ethnic, and racial backgrounds;
                    ``(B) the manner and extent to which the magnet 
                school project seeks to increase student achievement in 
                the instructional area or areas offered by the school;
                    ``(C) how an applicant will continue the magnet 
                school project after assistance under this title may no 
                longer be available, including, if applicable, an 
                explanation of why magnet schools established or 
                supported by the applicant with funds under this title 
                cannot be continued without the use of funds under this 
                part;
                    ``(D) how funds under this title will be used to 
                implement services and activities that are consistent 
                with--
                            ``(i) the State plan described in section 
                        1111; and
                            ``(ii) the local educational agency's plan 
                        described in section 1112; and
                    ``(E) the criteria to be used in selecting students 
                to attend the proposed magnet school projects; and
            ``(2) assurances that the applicant will--
                    ``(A) use funds under this title for the purposes 
                specified in section 4102;
                    ``(B) employ State certified or licensed teachers 
                in the courses of instruction assisted under this title 
                to teach or supervise others who are teaching the 
                subject matter of the courses of instruction;
                    ``(C) not engage in discrimination based on race, 
                religion, color, national origin, sex, or disability 
                in--
                            ``(i) the hiring, promotion, or assignment 
                        of employees of the agency or other personnel 
                        for whom the agency has any administrative 
                        responsibility;
                            ``(ii) the assignment of students to 
                        schools, or to courses of instruction within 
                        the school, of such agency, except to carry out 
                        the approved plan; and
                            ``(iii) designing or operating 
                        extracurricular activities for students;
                    ``(D) carry out a high-quality education program 
                that will encourage greater parental decisionmaking and 
                involvement; and
                    ``(E) give students residing in the local 
                attendance area of the proposed magnet school projects 
                equitable consideration for places in those projects.
    ``(c) Special Rule.--No application may be approved under this 
section unless the Assistant Secretary of Education for Civil Rights 
determines that the assurances described in subsection (b)(2)(C) will 
be met.

``SEC. 4107. PRIORITY.

    ``In approving applications under this title, the Secretary shall 
give priority to applicants that--
            ``(1) demonstrate the greatest need for assistance, based 
        on the expense or difficulty of effectively carrying out an 
        approved desegregation plan and the projects for which 
        assistance is sought;
            ``(2) propose to carry out new magnet school projects, or 
        significantly revise existing magnet school projects, which 
        include revisions to enable a magnet school to implement 
        effective educational approaches that are consistent with the 
        State's and the local educational agency's State or local 
        improvement plans, if any;
            ``(3) propose to select students to attend magnet school 
        projects on the basis of multiple criteria which may include a 
        lottery, rather than solely academic examination; and
            ``(4) propose to draw on comprehensive community 
        involvement plans.

``SEC. 4108. USE OF FUNDS.

    ``(a) In General.--Grant funds made available under this title may 
be used by an eligible local educational agency or consortium of such 
agencies--
            ``(1) for planning and promotional activities directly 
        related to the development, expansion, continuation, or 
        enhancement of academic programs and services offered at magnet 
        schools;
            ``(2) for the acquisition of books, materials, and 
        equipment, including computers and the maintenance and 
        operation thereof, necessary for the conduct of programs in 
        magnet schools;
            ``(3) for the payment of, or subsidization of the 
        compensation of, elementary and secondary school teachers who 
        are certified or licensed by the State, and instructional 
        staff, where applicable, and who are necessary for the conduct 
        of programs in magnet schools; and
            ``(4) with respect to a magnet school program offered to 
        less than the entire student population of a school, for 
        instructional activities that--
                    ``(A) are designed to make available the special 
                curriculum that is offered by the magnet school project 
                to students who are enrolled in the school but who are 
                not enrolled in the magnet school program; and
                    ``(B) further the purposes of this title.
    ``(b) Special Rule.--Grant funds under this title may be used in 
accordance with paragraphs (2) and (3) of subsection (a), only if the 
activities described in such paragraphs are directly related to 
improving the students' reading skills or knowledge of mathematics, 
science, history, geography, English, foreign languages, art, or music, 
or to improving vocational skills.

``SEC. 4109. PROHIBITIONS.

    ``Grants under this title may not be used for transportation, or 
for any activity that does not augment academic improvement.

``SEC. 4110. LIMITATION ON PAYMENTS.

    ``(a) Duration of Awards.--A grant under this title shall be 
awarded for a period that shall not exceed four fiscal years.
    ``(b) Limitation on Planning Funds.--
            ``(1) In general.--A local educational agency may expend 
        for planning not more than 50 percent of the funds received 
        under this title for the first year of the project, 25 percent 
        of such funds for the second such year, and 10 percent of such 
        funds for the third such year.
            ``(2) Special rule.--A local educational agency shall not 
        expend funds under this title for planning after the third year 
        of a project assisted under this title.
    ``(c) Federal Share.--
            ``(1) In general.--The Federal share of the cost of any 
        project assisted under this title shall not exceed 100 percent 
        for the first and second years of the project, 90 percent for 
        the third such year, and 70 percent for the fourth or any 
        subsequent such year including any year for which a grant is 
        renewed pursuant to a new grant competition under this title.
            ``(2) Non-federal share.--The non-Federal share of the cost 
        of any project assisted under this title may be in cash or in 
        kind, including planned equipment or services, fairly valued, 
        and may include other Federal education funds.
    ``(d) Limitation on Grants.--No local educational agency or 
consortium receiving a grant under this section shall receive more than 
$4,000,000 under this part in any one fiscal year.
    ``(e) Award Requirement.--To the extent practicable, for any fiscal 
year, the Secretary shall award grants to local educational agencies or 
consortia under this title not later than June 30 of the applicable 
fiscal year.

``SEC. 4111. INNOVATIVE PROGRAMS.

    ``(a) In General.--From amounts reserved under section 4112(d) for 
each fiscal year, the Secretary shall award grants to local educational 
agencies described in section 4105 to enable such agencies to conduct 
innovative programs that--
            ``(1) carry out the purpose of this part; and
            ``(2) involve strategies other than magnet schools, such as 
        neighborhood or community model schools--
                    ``(A) organized around a special emphasis, theme or 
                concept; and
                    ``(B) involving extensive parent and community 
                involvement.
    ``(b) Applicability.--Sections 4103, 4106, 4107, and 4108, shall 
not apply to grants awarded under subsection (a).
    ``(c) Applications.--Each local educational agency desiring a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and containing such information and assurances as 
the Secretary may require.

``SEC. 4112. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

    ``(a) Authorization.--For the purpose of carrying out this title, 
there are authorized to be appropriated $120,000,000 for fiscal year 
1995 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.
    ``(b) Availability of Funds for Grants to Agencies Not Previously 
Assisted.--In any fiscal year for which the amount appropriated 
pursuant to subsection (a) exceeds $75,000,000, the Secretary shall 
give priority to using such amounts in excess of $75,000,000 to award 
grants to local educational agencies or consortia that did not receive 
a grant under this part in the preceding fiscal year.
    ``(c) Evaluations.--
            ``(1) In general.--The Secretary may reserve not more than 
        two percent of the funds appropriated under subsection (a) for 
        any fiscal year to carry out evaluations of projects assisted 
        under this part.
            ``(2) Contents.--Each evaluation described in paragraph 
        (1), at a minimum, shall address--
                    ``(A) how and the extent to which magnet school 
                programs lead to educational quality and improvement;
                    ``(B) the extent to which magnet school programs 
                enhance student access to quality education;
                    ``(C) the extent to which magnet school programs 
                lead to the elimination, reduction, or prevention of 
                minority group isolation in elementary and secondary 
                schools with substantial proportions of minority 
                students; and
                    ``(D) the extent to which magnet school programs 
                differ from other school programs in terms of the 
                organizational characteristics and resource allocations 
                of such magnet school programs.
    ``(d) Innovative Programs.--The Secretary shall reserve not more 
than 5 percent of the funds appropriated under subsection (a) for each 
fiscal year to award grants under section 4111.

                 ``TITLE V--BETTER SCHOOLS FOR AMERICA

          ``PART A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

``SEC. 5101. FINDINGS.

    ``The Congress finds as follows:
            ``(1) The seventh National Education Goal provides that by 
        the year 2000, all schools in America will be free of drugs and 
        violence and the unauthorized presence of firearms and alcohol, 
        and offer a disciplined environment that is conducive to 
        learning.
            ``(2) The widespread use of alcohol and other drugs among 
        the Nation's secondary school students, and increasingly by 
        students in elementary schools as well, constitutes a grave 
        threat to the physical and mental well-being of such students, 
        and significantly impedes the learning process. For example, 
        data show that students who drink tend to receive lower grades 
        and are more likely to miss school because of illness than 
        students who do not drink.
            ``(3) Our Nation's schools and communities are increasingly 
        plagued by violence and crime. Approximately 3,000,000 thefts 
        and violent crimes occur in or near our Nation's schools every 
        year, the equivalent of more than 16,000 incidents per school 
        day.
            ``(4) Violence that is linked to prejudice and intolerance 
        victimizes entire communities leading to more violence and 
        discrimination.
            ``(5) Violence and drug abuse have numerous personal and 
        societal roots, and character education is an important 
        component of any comprehensive strategy to address the serious 
        problems of violence and drug abuse.
            ``(6) The tragic consequences of violence and the illegal 
        use of alcohol and other drugs by students are felt not only by 
        students and their families, but by such students' communities 
        and the Nation, which can ill afford to lose such students' 
        skills, talents, and vitality.
            ``(7) Alcohol and tobacco are widely used by young people. 
        Such use can, and does, have adverse consequences for young 
        people, their families, communities, schools, and colleges. 
        Drug prevention programs for youth that address only controlled 
        drugs send an erroneous message that alcohol and tobacco do not 
        present significant problems, or that society is willing to 
        overlook their use. To be credible, messages opposing illegal 
        drug use by youth should address alcohol and tobacco as well.
            ``(8) Every day approximately 3,000 children start smoking. 
        Thirty percent of all secondary school seniors are smokers. 
        Half of all new smokers begin smoking before the age of 14, 90 
        percent of such smokers begin before the age of 21, and the 
        average age of the first use of smokeless tobacco is under the 
        age of 10. Use of tobacco products has been linked to serious 
        health problems. Drug education and prevention programs that 
        include tobacco have been effective in reducing teenage use of 
        tobacco.
            ``(9) Drug and violence prevention programs are essential 
        components of a comprehensive strategy to promote school safety 
        and to reduce the demand for and use of drugs throughout the 
        Nation. Schools and local organizations in communities 
        throughout the Nation have a special responsibility to work 
        together to combat the growing epidemic of violence and illegal 
        drug use and should measure the success of their programs 
        against clearly defined goals and objectives.
            ``(10) Students must take greater responsibility for their 
        own well-being, health, and safety if schools and communities 
        are to achieve the goals of providing a safe, disciplined, and 
        drug-free learning environment.

``SEC. 5102. PURPOSE.

    ``The purpose of this title is to support programs to meet the 
seventh National Educational Goal by preventing violence in and around 
schools and by strengthening programs that prevent the illegal use of 
alcohol, tobacco, and other drugs, involve parents, and are coordinated 
with related Federal, State, and community efforts and resources, 
through the provision of Federal assistance to--
            ``(1) States for grants to local and intermediate 
        educational agencies and consortia to establish, operate, and 
        improve local programs of school drug and violence prevention, 
        early intervention, rehabilitation referral, and education in 
        elementary and secondary schools (including intermediate and 
        junior high schools);
            ``(2) States for grants to, and contracts with, community-
        based organizations and other public and private nonprofit 
        agencies and organizations for programs of drug and violence 
        prevention, early intervention, rehabilitation referral, and 
        education for school dropouts and other high-risk youth;
            ``(3) States for development, training, technical 
        assistance, and coordination activities;
            ``(4) institutions of higher education to establish, 
        operate, expand, and improve programs of school drug and 
        violence prevention, education, and rehabilitation referral for 
        students enrolled in colleges and universities; and
            ``(5) public and private nonprofit organizations to conduct 
        training, demonstrations, research, and evaluation, and to 
        provide supplementary services for the prevention of drug use 
        and violence among students and youth.

``SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $660,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this part, of which not more than 
10 percent shall be available in each fiscal year to carry out subpart 
2.

  ``Subpart 1--State Grants for Drug and Violence Prevention Programs

``SEC. 5111. RESERVATIONS AND ALLOTMENTS.

    ``(a) Reservations.--From the amount made available to carry out 
this subpart for each fiscal year under section 5103, the Secretary--
            ``(1) shall reserve 1 percent of such amount for grants 
        under this subpart to Guam, American Samoa, the Virgin Islands, 
        the Commonwealth of the Northern Mariana Islands, the Republic 
        of the Marshall Islands, the Federated States of Micronesia, 
        and Palau, to be allotted in accordance with the Secretary's 
        determination of their respective needs;
            ``(2) shall reserve 1 percent of such amount for the 
        Secretary of the Interior to carry out programs under this part 
        for Indian youth;
            ``(3) shall reserve 0.2 percent of such amount for programs 
        for Native Hawaiians under section 5119; and
            ``(4) may reserve not more than $1,000,000 for the national 
        impact evaluation required by section 5118(a).
    ``(b) State Allotments.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall, for each fiscal year, allocate among the 
        States--
                    ``(A) one-half of the remainder not reserved under 
                subsection (a) according to the ratio between the 
                school-aged population of each State and the school-
                aged population of all the States; and
                    ``(B) one-half of such remainder according to the 
                ratio between the amount each State received under 
                section 1122 for the preceding year (or, for fiscal 
                year 1995 only, sections 1005 and 1006 of this Act as 
                such sections were in existence on the day preceding 
                the date of enactment of the Improving America's 
                Schools Act of 1994) and the sum of such amounts 
                received by all the States.
            ``(2) Minimum.--For any fiscal year, no State shall be 
        allotted under this subsection an amount that is less than one-
        half of 1 percent of the total amount allotted to all the 
        States under this subsection.
            ``(3) Reallotment.--The Secretary may reallot any amount of 
        any allotment to a State if the Secretary determines that the 
        State will be unable to use such amount within two years of 
        such allotment. Such reallotments may be made by the Secretary 
        in the same manner as allotments are made under paragraph (1).
            ``(4) Definitions.--For the purpose of this subsection--
                    ``(A) the term `State' means each of the 50 States, 
                the District of Columbia, and the Commonwealth of 
                Puerto Rico; and
                    ``(B) the term `local educational agency' includes 
                intermediate school districts and consortia.

``SEC. 5112. STATE APPLICATIONS.

    ``(a) In General.--In order to receive an allotment under section 
5111 for any fiscal year, a State shall submit to the Secretary, at 
such time as the Secretary may require, an application that--
            ``(1) contains the results of the State's needs assessment 
        for drug and violence prevention programs, which shall be based 
        on the results of on-going State evaluation activities, 
        including data on the prevalence of drug use and violence by 
        youth in schools and communities;
            ``(2) contains assurances that the application was 
        developed in consultation and coordination with appropriate 
        State officials and others, including the chief State school 
        officer, the head of the State alcohol and drug abuse agency, 
        the heads of the State health and mental health agencies, the 
        head of the State criminal justice planning agency, the head of 
        the State child welfare agency, the head of the State board of 
        education, or their designees, and representatives of parents, 
        students, and community-based organizations; and
            ``(3) contains a description of the procedures the State 
        educational agency will use to review applications from local 
        educational agencies under section 5115.
    ``(b) State Educational Agency Funds.--A State's application under 
this section shall also contain a comprehensive plan for the use of 
funds under section 5113(a) by the State educational agency that 
includes--
            ``(1) a statement of the State educational agency's 
        measurable goals and objectives for drug and violence 
        prevention and a description of the procedures such agency will 
        use for assessing and publicly reporting progress toward 
        meeting those goals and objectives;
            ``(2) a plan for monitoring the implementation of, and 
        providing technical assistance regarding, the drug and violence 
        prevention programs conducted by local educational agencies in 
        accordance with section 5116;
            ``(3) a description of how the State educational agency 
        will use funds such agency reserves under section 5113(b);
            ``(4) a description of how the State educational agency 
        will coordinate such agency's activities under this subpart 
        with the chief executive officer's drug and violence prevention 
        programs under this subpart and with the prevention efforts of 
        other State agencies; and
            ``(5) an explanation of the criteria the State educational 
        agency will use to identify which local educational agencies 
        receive supplemental funds under section 5113(d)(2)(A)(ii) and 
        how the supplemental funds will be allocated among those local 
        educational agencies.
    ``(c) Governor's Funds.--A State's application under this section 
shall also contain a comprehensive plan for the use of funds under 
section 5114(a) by the chief executive officer that includes--
            ``(1) a statement of the chief executive officer's 
        measurable goals and objectives for drug and violence 
        prevention and a description of the procedures to be used for 
        assessing and publicly reporting progress toward meeting those 
        goals and objectives;
            ``(2) a description of how the chief executive officer will 
        coordinate such officer's activities under this part with the 
        State educational agency and other State agencies and 
        organizations involved with drug and violence prevention 
        efforts;
            ``(3) a description of how funds reserved under section 
        5114(a) will be used so as not to duplicate the efforts of the 
        State educational agency and local educational agencies with 
        regard to the provision of school-based prevention efforts and 
        services and how those funds will be used to serve populations 
        not normally served by the State educational agency, such as 
        school dropouts and youth in detention centers;
            ``(4) a description of how the chief executive officer will 
        award funds under section 5114(a) and a plan for monitoring the 
        performance of, and providing technical assistance to, 
        recipients of such funds; and
            ``(5) a description of how funds will be used to support 
        community-wide comprehensive drug and violence prevention 
        planning.
    ``(d) Peer Review.--The Secretary shall use a peer review process 
in reviewing State applications under this section.
    ``(e) Interim Application.--Notwithstanding any other provisions of 
this section, a State may submit for fiscal year 1995 a one-year 
interim application and plan for the use of funds under this subpart 
that are consistent with the requirements of this section and contain 
such information as the Secretary may specify in regulations. The 
purpose of such interim application and plan shall be to afford the 
State the opportunity to fully develop and review such State's 
application and comprehensive plan otherwise required by this section. 
A State may not receive a grant under this subpart for a fiscal year 
subsequent to fiscal year 1995 unless the Secretary has approved such 
State's application and comprehensive plan in accordance with this 
subpart.

``SEC. 5113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.

    ``(a) Use of Funds.--An amount equal to 80 percent of the total 
amount allocated to a State under section 5111 for each fiscal year 
shall be used by the State educational agency and its local educational 
agencies for drug and violence prevention activities in accordance with 
this section.
    ``(b) State Level Programs.--
            ``(1) In general.--A State educational agency shall use not 
        more than 5 percent of the amount available under subsection 
        (a) for activities such as--
                    ``(A) training and technical assistance concerning 
                drug and violence prevention for local and intermediate 
                educational agencies, including teachers, 
                administrators, coaches and athletic directors, other 
                staff, parents, students, community leaders, health 
                service providers, local law enforcement officials, and 
                judicial officials;
                    ``(B) the development, identification, 
                dissemination and evaluation of the most readily 
                available, accurate, and up-to-date curriculum 
                materials, for consideration by local educational 
                agencies;
                    ``(C) making available to local educational 
                agencies cost effective programs for youth violence and 
                drug abuse prevention;
                    ``(D) demonstration projects in drug and violence 
                prevention;
                    ``(E) training, technical assistance, and 
                demonstration projects to address violence associated 
                with prejudice and intolerance;
                    ``(F) financial assistance to enhance resources 
                available for drug and violence prevention in areas 
                serving large numbers of economically disadvantaged 
                children or sparsely populated areas, or to meet other 
                special needs consistent with the purposes of this 
                subpart; and
                    ``(G) evaluation activities required by this 
                subpart.
            ``(2) Special rule.--A State educational agency may carry 
        out activities under this subsection directly, or through 
        grants or contracts.
    ``(c) State Administration.--A State educational agency may use not 
more than 5 percent of the amount made available under subsection (a) 
for the administrative costs of carrying out such agency's 
responsibilities under this subpart.
    ``(d) Local Educational Agency Programs.--
            ``(1) In general.--A State educational agency shall 
        distribute not less than 90 percent of the amount made 
        available under subsection (a) for each fiscal year to local 
        educational agencies in accordance with this subsection.
            ``(2) Distribution.--(A) Of the amount distributed under 
        subsection (d)(1), a State educational agency shall 
        distribute--
                    ``(i) 70 percent of such amount to local 
                educational agencies, based on the relative enrollments 
                in public and private nonprofit elementary and 
                secondary schools within the boundaries of such 
                agencies; and
                    ``(ii) 30 percent of such amount to local 
                educational agencies that the State educational agency 
                determines have the greatest need for additional funds 
                to carry out drug and violence prevention programs 
                authorized by this subpart.
            ``(B)(i) A State educational agency shall distribute funds 
        under subparagraph (A)(ii) to not more than 10 percent of the 
        local educational agencies in the State, or five such agencies, 
        whichever is greater.
            ``(ii) In determining which local educational agencies have 
        the greatest need for additional funds, the State educational 
        agency shall consider factors such as--
                    ``(I) high rates of alcohol or other drug use among 
                youth;
                    ``(II) high rates of victimization of youth by 
                violence and crime;
                    ``(III) high rates of arrests and convictions of 
                youth for violent or drug- or alcohol-related crime;
                    ``(IV) the extent of illegal gang activity;
                    ``(V) high incidence of violence associated with 
                prejudice and intolerance;
                    ``(VI) high rates of referrals of youths to drug 
                and alcohol abuse treatment and rehabilitation 
                programs;
                    ``(VII) high rates of referrals of youths to 
                juvenile court;
                    ``(VIII) high rates of expulsions and suspensions 
                of students from schools; and
                    ``(IX) high rates of reported cases of child abuse 
                and domestic violence.
    ``(e) Reallocation of Funds.--If a local educational agency chooses 
not to apply to receive the amount allocated to such agency under 
subsection (d), or if such agency's application under section 5115 is 
disapproved by the State educational agency, the State educational 
agency shall reallocate such amount to one or more of the local 
educational agencies determined by the State educational agency under 
subsection (d)(2)(B) to have the greatest need for additional funds.

``SEC. 5114. GOVERNOR'S PROGRAMS.

    ``(a) Use of Funds.--
            ``(1) In general.--An amount equal to 20 percent of the 
        total amount allocated to a State under section 5111 for each 
        fiscal year shall be used by the chief executive officer of 
        such State for drug and violence prevention programs and 
        activities in accordance with this section.
            ``(2) Administrative costs.--A chief executive officer may 
        use not more than 5 percent of the amount reserved under 
        subsection (a)(1) for the administrative costs incurred in 
        carrying out the duties of such officer under this section.
    ``(b) Programs Authorized.--
            ``(1) In general.--A chief executive officer shall use 
        funds made available under subsection (a)(1) for grants to or 
        contracts with parent groups, community action and job training 
        agencies, community-based organizations, and other public 
        entities and private nonprofit organizations and consortia 
        thereof. In making such grants and contracts, a chief executive 
        officer shall give priority to programs and activities 
        described in subsection (c) for--
                    ``(A) children and youth who are not normally 
                served by State or local educational agencies; or
                    ``(B) populations that need special services or 
                additional resources (such as preschoolers, youth in 
                juvenile detention facilities, runaway or homeless 
                children and youth, pregnant and parenting teenagers, 
                and school dropouts).
            ``(2) Peer review.--Grants or contracts awarded under this 
        subsection shall be subject to a peer review process.
    ``(c) Authorized Activities.--Grants and contracts under subsection 
(b) shall be used for programs and activities such as--
            ``(1) disseminating information about drug and violence 
        prevention;
            ``(2) training parents, law enforcement officials, judicial 
        officials, social service providers, health service providers 
        and community leaders about drug and violence prevention, 
        comprehensive health education, early intervention, pupil 
        services, or rehabilitation referral;
            ``(3) developing and implementing comprehensive, community-
        based drug and violence prevention programs that link community 
        resources with schools and integrate services involving 
        education, vocational and job skills training and placement, 
        law enforcement, health, mental health, community service, 
        mentoring, and other appropriate services;
            ``(4) planning and implementing drug and violence 
        prevention activities that coordinate the efforts of State 
        agencies with efforts of the State educational agency and its 
        local educational agencies;
            ``(5) activities to protect students traveling to and from 
        school;
            ``(6) before-and-after school recreational, instructional, 
        cultural, and artistic programs that encourage drug- and 
        violence-free lifestyles;
            ``(7) professional development workshops for teachers and 
        curricula that promote the awareness of and sensitivity to 
        alternatives to violence through courses of study that include 
        related issues of intolerance and hatred in history;
            ``(8) developing and implementing activities to prevent and 
        reduce violence associated with prejudice and intolerance;
            ``(9) developing and implementing strategies to prevent 
        illegal gang activity;
            ``(10) coordinating and conducting community-wide violence 
        and safety assessments and surveys;
            ``(11) age appropriate programs to prevent child abuse;
            ``(12) activities such as community service and service-
        learning projects; and
            ``(13) evaluating programs and activities assisted under 
        this section.

``SEC. 5115. LOCAL APPLICATIONS.

    ``(a) Application Required.--
            ``(1) In general.--In order to be eligible to receive a 
        distribution under section 5113(d) for any fiscal year, a local 
        educational agency shall submit, at such time as the State 
        educational agency requires, an application to the State 
        educational agency for approval. Such an application shall be 
        amended, as necessary, to reflect changes in the local 
        educational agency's program.
            ``(2) Development.--(A) A local educational agency shall 
        develop its application under subsection (a)(1) in consultation 
        with a local or substate regional advisory council that 
        includes, to the extent possible, representatives of local 
        government, business, parents, students, teachers, pupil 
        services personnel, appropriate State agencies, private 
        schools, the medical profession, law enforcement, community-
        based organizations, and other groups with interest and 
        expertise in drug and violence prevention.
            ``(B) In addition to assisting the local educational agency 
        to develop an application under this section, the advisory 
        council established or designated under paragraph (2)(A) shall, 
        on an ongoing basis--
                    ``(i) disseminate information about drug and 
                violence prevention programs, projects, and activities 
                conducted within the boundaries of the local 
                educational agency;
                    ``(ii) advise the local educational agency on how 
                best to coordinate such agency's activities under this 
                subpart with other related programs, projects, and 
                activities and the agencies that administer such 
                programs, projects, and activities; and
                    ``(iii) review program evaluations and other 
                relevant material and make recommendations to the local 
                educational agency on how to improve such agency's drug 
                and violence prevention programs.
    ``(b) Contents of Applications.--An application under this section 
shall contain--
            ``(1) a description of the current alcohol, tobacco, and 
        other drug problems as well as the violence, safety, prejudice, 
        and discipline problems among students who attend the schools 
        of the applicant (including private school students who 
        participate in the applicant's drug and violence prevention 
        program);
            ``(2) a detailed explanation of the local educational 
        agency's comprehensive plan for drug and violence prevention, 
        which shall include a description of--
                    ``(A) how that plan is consistent with, and 
                promotes the goals in, the State's application under 
                section 5112;
                    ``(B) the local educational agency's measurable 
                goals for drug and violence prevention, and a 
                description of how such agency will assess and publicly 
                report progress toward attaining these goals;
                    ``(C) how the local educational agency will use its 
                distribution under this subpart;
                    ``(D) how the local educational agency will 
                coordinate such agency's programs and projects with 
                community-wide efforts to achieve such agency's goals 
                for drug and violence prevention; and
                    ``(E) how the local educational agency will 
                coordinate such agency's programs and projects with 
                other Federal, State, and local programs for drug-abuse 
                prevention, including health programs; and
            ``(3) such other information and assurances as the State 
        educational agency may reasonably require.
    ``(c) Review of Application.--
            ``(1) In general.--A State educational agency shall use a 
        peer review process in reviewing local applications under this 
        section.
            ``(2) Considerations.--(A) In determining whether to 
        approve the application of a local educational agency under 
        this section, a State educational agency shall consider the 
        quality of the local educational agency's comprehensive plan 
        under subsection (b)(2) and the extent to which such plan is 
        consistent with, and supports, the State's application under 
        section 5112 and the State's plan under section 1111.
            ``(B) A State educational agency may disapprove a local 
        educational agency application under this section in whole or 
        in part and may withhold, limit, or place restrictions on the 
        use of funds distributed to such a local educational agency in 
        a manner the State educational agency determines will best 
        promote the purposes of this part or the State's plan under 
        section 1111.

``SEC. 5116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.

    ``(a) Program Requirements.--A local educational agency shall use 
funds received under this subpart to adopt and carry out a 
comprehensive drug and violence prevention program which shall--
            ``(1) be designed, for all students and employees, to--
                    ``(A) prevent the use, possession, and distribution 
                of tobacco, alcohol and illegal drugs by students and 
                to prevent the illegal use, possession, and 
                distribution of such substances by employees;
                    ``(B) prevent violence and promote school safety; 
                and
                    ``(C) create a disciplined environment conducive to 
                learning; and
            ``(2) include activities to promote the involvement of 
        parents and coordination with community groups and agencies, 
        including the distribution of information about the local 
        educational agency's needs, goals, and programs under this 
        subpart.
    ``(b) Authorized Activities.--A comprehensive drug and violence 
prevention program carried out under this subpart may include--
            ``(1) age-appropriate, developmentally based drug 
        prevention and comprehensive health education programs for all 
        students, from the preschool level through grade 12, that 
        address the legal, social, personal and health consequences of 
        the use of illegal drugs, promote a sense of individual 
        responsibility, and provide information about effective 
        techniques for resisting peer pressure to use illegal drugs;
            ``(2) programs of drug prevention, comprehensive health 
        education, early intervention, pupil services, mentoring, or 
        rehabilitation referral, which emphasize students' sense of 
        individual responsibility and which may include--
                    ``(A) the dissemination of information about drug 
                prevention;
                    ``(B) the professional development of school 
                personnel, parents, students, law enforcement 
                officials, judicial officials, health service providers 
                and community leaders in prevention, education, early 
                intervention, pupil services or rehabilitation 
                referral; and
                    ``(C) the implementation of strategies, including 
                strategies to integrate the delivery of services from a 
                variety of providers, to combat illegal alcohol, 
                tobacco and other drug use, such as--
                            ``(i) family counseling;
                            ``(ii) early intervention activities that 
                        prevent family dysfunction, enhance school 
                        performance, and boost attachment to school and 
                        family; and
                            ``(iii) activities, such as community 
                        service and service-learning projects, that are 
                        designed to increase students' sense of 
                        community;
            ``(3) age-appropriate, developmentally based violence 
        prevention and education programs for all students, from the 
        preschool level through grade 12, that address the legal, 
        health, personal, and social consequences of violent and 
        disruptive behavior, including sexual harassment and abuse, and 
        victimization associated with prejudice and intolerance, and 
        that include activities designed to help students develop a 
        sense of individual responsibility and respect for the rights 
        of others, and to resolve conflicts without violence;
            ``(4) violence prevention programs for school-aged youth, 
        which emphasize students' sense of individual responsibility 
        and may include--
                    ``(A) the dissemination of information about school 
                safety and discipline;
                    ``(B) the professional development of school 
                personnel, parents, students, law enforcement 
                officials, judicial officials, and community leaders in 
                designing and implementing strategies to prevent school 
                violence;
                    ``(C) the implementation of strategies, such as 
                conflict resolution and peer mediation, and the use of 
                mentoring programs, to combat school violence and other 
                forms of disruptive behavior, such as sexual harassment 
                and abuse;
                    ``(D) the development and implementation of 
                character education programs that are tailored by 
                communities, parents and schools, and based on the 
                tenets of democracy, self discipline, and personal and 
                civic responsibility, and guided by the principles of 
                community and national laws, in order to reduce the 
                problems of violence and drug abuse; and
                    ``(E) comprehensive, community-wide strategies to 
                prevent or reduce illegal gang activities;
            ``(5) supporting `safe zones of passage' for students 
        between home and school through such measures as Drug- and 
        Weapon-Free School Zones, enhanced law enforcement, and 
        neighborhood patrols;
            ``(6) acquiring and installing metal detectors and hiring 
        security personnel;
            ``(7) reimbursing law enforcement authorities for their 
        personnel who participate in school violence prevention 
        activities;
            ``(8) professional development workshops for teachers and 
        other staff and curricula that promote the awareness of and 
        sensitivity to alternatives to violence through courses of 
        study that include related issues of intolerance and hatred in 
        history;
            ``(9) the promotion of before-and-after school 
        recreational, instructional, cultural, and artistic programs in 
        supervised community settings;
            ``(10) drug abuse resistance education programs, designed 
        to teach students to recognize and resist pressures to use 
        alcohol or other drugs, which may include activities such as 
        classroom instruction by uniformed law enforcement officers, 
        resistance techniques, resistance to peer pressure and gang 
        pressure, and provision for parental involvement; and
            ``(11) the evaluation of any of the activities authorized 
        under this subsection.
    ``(c) Limitations.--
            ``(1) In general.--Not more than 10 percent of the funds 
        made available to a local educational agency under this subpart 
        may be used to carry out the activities described in paragraphs 
        (5), (6), and (7) of subsection (b).
            ``(2) Special rule.--A local educational agency shall only 
        be able to use funds received under this subpart for activities 
        described in paragraphs (5), (6), and (7), of subsection (b) if 
        funding for such activities is not received from other Federal 
        agencies.

``SEC. 5117. EVALUATION AND REPORTING.

    ``(a) National Impact Evaluation.--
            ``(1) Biennial evaluation.--The Secretary, in consultation 
        with the Secretary of Health and Human Services, the Director 
        of the Office of National Drug Control Policy, and the Attorney 
        General, shall conduct an independent biennial evaluation of 
        the national impact of programs assisted under this subpart and 
        of other recent and new initiatives to combat violence in 
        schools and submit a report of the findings of such evaluation 
        to the President and the Congress.
            ``(2) Data collection.--
                    ``(A) Collection.--The Secretary shall collect data 
                to determine the frequency, seriousness, and incidence 
                of violence in elementary and secondary schools in the 
                States. The Secretary shall collect the data using, 
                wherever appropriate, data submitted by the States 
                pursuant to subsection (b)(2)(B).
                    ``(B) Report.--Not later than January 1, 1998, the 
                Secretary shall submit to the Congress a report on the 
                data collected under this subsection, together with 
                such recommendations as the Secretary determines 
                appropriate, including estimated costs for implementing 
                any recommendation.
    ``(b) State Report.--
            ``(1) In general.--By October 1, 1997, and every third year 
        thereafter, the chief executive officer of the State, in 
        cooperation with the State educational agency, shall submit to 
        the Secretary a report--
                    ``(A) on the implementation and outcomes of State 
                programs under section 5114 and section 5113(b) and 
                local programs under section 5113(d), as well as an 
                assessment of their effectiveness; and
                    ``(B) on the State's progress toward attaining its 
                goals for drug and violence prevention under 
                subsections (b)(1) and (c)(1) of section 5112.
            ``(2) Special rule.--The report required by this subsection 
        shall be--
                    ``(A) in the form specified by the Secretary;
                    ``(B) based on the State's on-going evaluation 
                activities, and shall include data on the prevalence of 
                drug use and violence by youth in schools and 
                communities; and
                    ``(C) made readily available to the public.
    ``(c) Local Educational Agency Report.--Each local educational 
agency receiving funds under this subpart shall submit to the State 
educational agency whatever information, and at whatever intervals, the 
State requires to complete the State report required by subsection (b), 
including information on the prevalence of drug use and violence by 
youth in the schools and the community. Such information shall be made 
readily available to the public.

``SEC. 5118. PROGRAMS FOR HAWAIIAN NATIVES.

    ``(a) General Authority.--From the funds made available pursuant to 
section 5111(a)(3) to carry out this section, the Secretary shall make 
grants to or enter into cooperative agreements or contracts with 
organizations primarily serving and representing Hawaiian natives which 
are recognized by the Governor of the State of Hawaii to plan, conduct, 
and administer programs, or portions thereof, which are authorized by 
and consistent with the provisions of this title for the benefit of 
Hawaiian natives.
    ``(b) Definition of `Hawaiian Native'.--For the purposes of this 
section, the term `Hawaiian native' means any individual any of whose 
ancestors were natives, prior to 1778, of the area which now comprises 
the State of Hawaii.

                     ``Subpart 2--National Programs

``SEC. 5121. FEDERAL ACTIVITIES.

    ``(a) Program Authorized.--From funds made available to carry out 
this subpart under section 5103, the Secretary, in consultation with 
the Secretary of Health and Human Services, the Director of the Office 
of National Drug Control Policy, Chair of the Ounce of Prevention 
Council, and the Attorney General, shall carry out programs to prevent 
the illegal use of drugs and violence among, and promote safety and 
discipline for, students at all educational levels, prekindergarten 
through postsecondary. The Secretary shall carry out such programs 
directly, or through grants, contracts, or cooperative agreements with 
public and private nonprofit organizations and individuals, or through 
agreements with other Federal agencies, and shall coordinate such 
programs with other appropriate Federal activities. Such programs may 
include--
            ``(1) the development and demonstration of innovative 
        strategies for training school personnel, parents, and members 
        of the community, including the demonstration of model 
        preservice training programs for prospective school personnel;
            ``(2) demonstrations and rigorous evaluations of innovative 
        approaches to drug and violence prevention;
            ``(3) drug and violence prevention research that is 
        coordinated with other Federal agencies and is directed toward 
        improving programs and activities under this part;
            ``(4) program evaluations in accordance with section 10701 
        that address issues not addressed under section 5117(a);
            ``(5) direct services to schools and school systems 
        afflicted with especially severe drug and violence problems;
            ``(6) activities in communities designated as empowerment 
        zones or enterprise communities that will connect schools to 
        community-wide efforts to reduce drug and violence problems;
            ``(7) the development of education and training programs, 
        curricula, instructional materials, and professional training 
        and development for preventing and reducing the incidence of 
        crimes and conflicts motivated by hate in localities most 
        directly affected by hate crimes;
            ``(8) developing and disseminating drug and violence 
        prevention materials, including model curricula; and
            ``(9) other activities that meet unmet national needs 
        related to the purposes of this part.
    ``(b) Peer Review.--The Secretary shall use a peer review process 
in reviewing applications for funds under this section.

``SEC. 5122. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.

    ``(a) In General.--From funds made available to carry out this 
subpart under section 5103, the Secretary is authorized to make grants 
to, or enter into contracts with, institutions of higher education, or 
consortia of such institutions, for drug and violence prevention 
programs under this section. Awards under this section shall support 
the development, implementation, validation, and dissemination of model 
programs and strategies to promote the safety of students attending 
institutions of higher education by preventing violent behavior and the 
illegal use of alcohol and other drugs by such students.
    ``(b) Applications.--An institution of higher education, or 
consortium of such institutions, that desires to receive an award under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
reasonably require. The Secretary shall use a peer review process for 
reviewing applications for funds under this section.
    ``(c) Equitable Participation.--The Secretary shall make every 
reasonable effort to ensure the equitable participation in the 
activities assisted under this section of private and public 
institutions of higher education (including community and junior 
colleges), institutions of limited enrollment, and institutions in 
different geographic regions.

                    ``Subpart 3--General Provisions

``SEC. 5131. DEFINITIONS.

    ``For the purposes of this part, the following terms have the 
following meanings:
            ``(1) The term `drug and violence prevention' means--
                    ``(A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or education 
                related to the illegal use of alcohol and the use of 
                controlled, illegal, addictive, or harmful substances, 
                including inhalants and anabolic steroids;
                    ``(B) prevention, early intervention, smoking 
                cessation activities, or education, related to the use 
                of tobacco; and
                    ``(C) with respect to violence, the promotion of 
                school safety, such that students and school personnel 
                are free from violent and disruptive acts, including 
                sexual harassment and abuse, and victimization 
                associated with prejudice and intolerance, on school 
                premises, going to and from school, and at school-
                sponsored activities, through the creation and 
                maintenance of a school environment that is free of 
                weapons and fosters individual responsibility and 
                respect for the rights of others.
            ``(2) The term `hate crime' means a crime as described in 
        section 1(b) of the Hate Crime Statistics Act of 1990.
            ``(3) The term `nonprofit', as applied to a school, agency, 
        organization, or institution means a school, agency, 
        organization, or institution owned and operated by one or more 
        nonprofit corporations or associations, no part of the net 
        earnings of which inures, or may lawfully inure, to the benefit 
        of any private shareholder or individual.
            ``(4) The term `school-aged population' means the 
        population aged five through 17, as determined by the Secretary 
        on the basis of the most recent satisfactory data available 
        from the Department of Commerce.
            ``(5) The term `school personnel' includes teachers, 
        administrators, guidance counselors, social workers, 
        psychologists, nurses, librarians, and other support staff who 
        are employed by a school or who perform services for the school 
        on a contractual basis.

``SEC. 5132. MATERIALS.

    ``(a) `Wrong and Harmful' Message.--Drug prevention programs 
supported under this part shall convey a clear and consistent message 
that the illegal use of alcohol and other drugs is wrong and harmful.
    ``(b) Curriculum.--The Secretary shall not prescribe the use of 
specific curricula for programs supported under this part, but may 
evaluate the effectiveness of such curricula and other strategies in 
drug and violence prevention.

``SEC. 5133. PROHIBITED USES OF FUNDS.

    ``No funds under this part may be used for--
            ``(1) construction (except for minor remodeling needed to 
        accomplish the purposes of this part); and
            ``(2) medical services, except for pupil services or 
        referral to treatment for students who are victims of or 
        witnesses to crime or who use alcohol, tobacco, or other drugs.

        ``PART B--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS

``SEC. 5201. SHORT TITLE.

    ``This part may be cited as the `School Dropout Assistance Act'.

``SEC. 5202. PURPOSE.

    ``The purpose of this part is to reduce the number of children who 
do not complete their elementary and secondary education by providing 
grants to local educational agencies to establish--
            ``(1) effective programs to identify potential student 
        dropouts, including pregnant and parenting teenagers, and 
        prevent such students from dropping out of school;
            ``(2) effective programs to identify and encourage children 
        who have already dropped out to reenter school and complete 
        their elementary and secondary education;
            ``(3) effective early intervention programs designed to 
        identify at-risk students in elementary and secondary schools; 
        and
            ``(4) model systems for collecting and reporting 
        information to local school officials on the number, ages, sex, 
        race or ethnicity, and grade levels of the children not 
        completing their elementary and secondary education and the 
        reasons why such children have dropped out of school.

``SEC. 5203. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Allotment to Categories of Local Educational Agencies.--From 
the amount appropriated under section 5208 for any fiscal year, the 
Secretary shall first reserve not more than $2,000,000 for the purposes 
of evaluating programs carried out with assistance under this part in 
accordance with section 10701. From the remaining amount, the Secretary 
shall allot the following percentages to each of the following 
categories of local educational agencies:
            ``(1) Local educational agencies administering schools with 
        a total enrollment of 100,000 or more elementary and secondary 
        school students shall be allotted 25 percent of such remaining 
        amount.
            ``(2) Local educational agencies administering schools with 
        a total enrollment of at least 20,000 but less than 100,000 
        elementary and secondary school students shall be allotted 40 
        percent of such remaining amount.
            ``(3) Local educational agencies administering schools with 
        a total enrollment of less than 20,000 elementary and secondary 
        school students shall be allotted 30 percent of such remaining 
        amount. Grants may be made under this paragraph to educational 
        service agencies and consortia of not more than 5 local 
        educational agencies in any case in which the total enrollment 
        of the largest such local educational agency is less than 
        20,000 elementary and secondary students. Such agencies and 
        consortia may also apply in conjunction with the State 
        educational agency. Not less than 20 percent of funds available 
        under this paragraph shall be awarded to local educational 
        agencies administering schools with a total enrollment of less 
        than 2,000 elementary and secondary school students.
            ``(4) Community-based organizations shall be allotted 5 
        percent of such remaining amount. Grants under this category 
        shall be made after consultation between the community-based 
        organization and the local educational agency that is to 
        benefit from such a grant.
    ``(b) Special Consideration.--
            ``(1) In general.--The Secretary shall give special 
        consideration to awarding funds available for each category 
        described in paragraphs (1), (2), and (3) of subsection (a) to 
        local educational agencies participating in an educational 
        partnership.
            ``(2) Educational partnerships.--Educational partnerships 
        under this subsection shall include--
                    ``(A) a local educational agency; and
                    ``(B) a business concern or business organization, 
                community-based organization, nonprofit private 
                organization, institution of higher education, State 
                educational agency, State or local public agency, 
                private industry council (established under the Job 
                Training Partnership Act), museum, library, or 
                educational television or broadcasting station.
    ``(c) Award of Grant.--From the amount allotted for any fiscal year 
to a category of local educational agencies under subsection (a), the 
Secretary shall award as many grants as practicable within each such 
category to local educational agencies and educational partnerships 
whose applications have been approved by the Secretary for such fiscal 
year under section 5204 and whose applications propose a program of 
sufficient size, scope, and quality to be effective. Any local 
educational agency, educational partnership, or community-based 
organization that has received a grant under this part shall be 
eligible for additional funds subject to the requirements under this 
part. The grants shall be made under such terms and conditions as the 
Secretary shall prescribe consistent with the provisions of this part.
    ``(d) Use of Funds When Not Fully Allotted to Categories Under 
Subsection (a).--
            ``(1) In general.--Whenever the Secretary determines that 
        the full amount of the sums allotted under any category set 
        forth under subsection (a) will not be required for 
        applications of the local educational agencies in the case of 
        categories described in paragraphs (1) through (3) of 
        subsection (a), the Secretary shall make the amount not so 
        required available to another category under subsection (a). In 
        carrying out the provisions of this subsection, the Secretary 
        shall assure that the transfer of amounts from one category to 
        another is made to a category in which there is the greatest 
        need for funds.
            ``(2) Peer review.--In order to transfer funds under this 
        subsection, the Secretary shall use a peer review process to 
        determine that such excess funds are not needed to fund 
        projects in particular categories and shall prepare a list of 
        the categories in which funds were not fully expended and the 
        reasons therefor, and make such list available to local 
        educational agencies and educational partnerships, upon 
        request. The Secretary may use the peer review process to 
        determine grant recipients of funds transferred in accordance 
        with this subsection.
    ``(e) Federal Share.--
            ``(1) Federal share.--The Federal share of a grant under 
        this part may not exceed--
                    ``(A) 90 percent of the total cost of a project for 
                the first year for which the project receives 
                assistance under this part; and
                    ``(B) 75 percent of such cost in each such 
                succeeding fiscal year.
            ``(2) Remaining costs.--The remaining cost of a project 
        that receives assistance under this part may be paid from any 
        source other than funds made available under this part, except 
        that not more than 10 percent of the remaining cost in any 
        fiscal year may be provided from Federal sources other than 
        this part.
            ``(3) Non-federal share.--The share of payments from 
        sources other than funds made available under this part may be 
        in cash or in kind fairly evaluated, including plant, equipment 
        or services.

``SEC. 5204. APPLICATION.

    ``(a) Application Required.--
            ``(1) In general.--A grant under this part may be made only 
        to a local educational agency or an educational partnership 
        which submits an application to the Secretary containing such 
        information as may be required by the Secretary by regulation.
            ``(2) Duration.--Each such application shall be for a 3-
        year period.
    ``(b) Contents.--Each such application shall--
            ``(1) provide documentation of--
                    ``(A) the number of children who were enrolled in 
                the schools of the applicant for the 5 academic years 
                prior to the date application is made who have not 
                completed their elementary or secondary education and 
                who are classified as school dropouts; and
                    ``(B) the percentage that such number of children 
                is of the total school-age population in the 
                applicant's schools;
            ``(2) include a plan for the development and implementation 
        of a school dropout information collection and reporting system 
        for documenting the extent and nature of the dropout problem, 
        which system shall collect and cross tabulate data, where 
        feasible, by sex according to race or ethnicity and 
        socioeconomic status;
            ``(3) include a plan for coordinated activities involving 
        at least 1 secondary school and its feeder junior high or 
        middle schools and elementary schools for local educational 
        agencies that have feeder systems;
            ``(4) when applicable, describe how programs assisted under 
        this part will be coordinated with, and not duplicate, programs 
        assisted under title I;
            ``(5) include a description of how the program assisted 
        under this part is consistent with the second National 
        Education Goal and other Federal programs as appropriate; and
            ``(6) contain such other information as the Secretary 
        considers necessary to determine the nature of the local needs, 
        the quality of the proposed project, and the capability of the 
        applicant to carry out the project.
    ``(c) Priority.--The Secretary shall, in approving applications 
under this section, give priority to applications which both show the 
replication of successful programs conducted in other local educational 
agencies or the expansion of successful programs within a local 
educational agency and reflect very high numbers or very high 
percentages of school dropouts in the schools of the applicant in each 
category described in section 5203(a).
    ``(d) Special Consideration.--The Secretary shall give additional 
special consideration to applications that include--
            ``(1) provisions which emphasize early intervention 
        services designed to identify at-risk students in elementary or 
        early secondary schools; and
            ``(2) provisions for significant parental involvement.
    ``(e) Grants for New Grantees.--In awarding grants under this part 
the Secretary shall utilize only those priorities and special 
considerations described in subsections (c) and (d).

``SEC. 5205. AUTHORIZED ACTIVITIES.

    ``Grants under this part shall be used to carry out plans set forth 
in applications approved under section 5204. In addition, grants may be 
used for educational, occupational, and basic skills testing services 
and activities, including, but not limited to--
            ``(1) the establishment of systemwide or school-level 
        policies, procedures, and plans for dropout prevention and 
        school reentry;
            ``(2) the development and implementation of activities, 
        including extended day or summer programs, designed to address 
        poor achievement, basic skills deficiencies, language 
        deficiencies, or course failures, in order to assist students 
        at risk of dropping out of school and students reentering 
        school;
            ``(3) the establishment or expansion of work-study, 
        apprentice, or internship programs;
            ``(4) the use of resources of the community, including 
        contracting with public or private entities or community-based 
        organizations of demonstrated performance, to provide services 
        to the grant recipient or the target population;
            ``(5) the evaluation and revision of program placement of 
        students at risk;
            ``(6) the evaluation of program effectiveness of dropout 
        programs;
            ``(7) the development and implementation of programs for 
        traditionally underserved groups of students;
            ``(8) the implementation of activities which will improve 
        student motivation and the school learning environment;
            ``(9) the provision of training for school personnel on 
        strategies and techniques designed to--
                    ``(A) identify children at risk of dropping out;
                    ``(B) intervene in the instructional program with 
                support and remedial services;
                    ``(C) develop realistic expectations for student 
                performance; and
                    ``(D) improve student-staff interactions;
            ``(10) the study of the relationship between drugs and 
        dropouts and between youth gangs and dropouts, and the 
        coordination of dropout prevention and reentry programs with 
        appropriate drug prevention and community organizations for the 
        prevention of youth gangs;
            ``(11) the study of the relationship between disabling 
        conditions and student dropouts;
            ``(12) the study of the relationship between the dropout 
        rate for gifted and talented students compared to the dropout 
        rate for the general student enrollment;
            ``(13) the use of educational telecommunications and 
        broadcasting technologies and educational materials designed to 
        extend, motivate, and reinforce school, community, and home 
        dropout prevention and reentry activities;
            ``(14) the development and implementation of efforts to 
        identify and address factors in a student's decision to drop 
        out of school that are related to gender and family roles;
            ``(15) the provision of other educational, occupational and 
        testing services and activities which directly relate to the 
        purpose of this part;
            ``(16) activities which offer jobs and college admissions 
        for successful completion of the program for which assistance 
        is sought;
            ``(17) summer employment programs;
            ``(18) occupational training programs;
            ``(19) career opportunity and skills counseling;
            ``(20) job placement services;
            ``(21) the development of skill employment competency 
        testing programs;
            ``(22) special school staff training projects; and
            ``(23) mentoring programs.

``SEC. 5206. DISTRIBUTION OF ASSISTANCE; LIMITATION ON COSTS.

    ``(a) Distribution of Assistance.--The Secretary shall ensure that, 
to the extent practicable, in approving grant applications under this 
part--
            ``(1) grants are equitably distributed on a geographic 
        basis within each category set forth in section 5203(a);
            ``(2) the amount of a grant to a local educational agency 
        for a fiscal year is proportionate to the extent and severity 
        of the local school dropout problem;
            ``(3) not less than 30 percent of the amount available for 
        grants in each fiscal year is used for activities relating to 
        school dropout prevention; and
            ``(4) not less than 30 percent of the amount available for 
        grants in each fiscal year is used for activities relating to 
        persuading school dropouts to return to school and assisting 
        former school dropouts with specialized services once school 
        dropouts return to school.
    ``(b) Administrative Costs.--Not more than 5 percent of any grant 
made under this part may be used for administrative costs.

``SEC. 5207. REPORTS.

    ``(a) Annual Reports.--The Secretary shall submit to the Congress a 
report by January 1 of each year, beginning on January 1, 1995, which 
sets forth the progress of the Commissioner of Education Statistics, 
established under section 14003(b), to implement a definition and data 
collection process for school dropouts in elementary and secondary 
schools, including statistical information for the number and 
percentage of elementary and secondary school students by race and 
ethnic origin who drop out of school each year including dropouts--
            ``(1) throughout the Nation by rural and urban location as 
        defined by the Secretary; and
            ``(2) in each of the individual States and the District of 
        Columbia.
    ``(b) Recommendations.--The report under subsection (a) shall also 
contain recommendations on ways in which the Federal Government, States 
and localities can further support the implementation of an effective 
methodology to accurately measure dropout and retention rates on the 
national, State, and local levels.

``SEC. 5208. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $50,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this part.

                      ``TITLE VI--INDIAN EDUCATION

``SEC. 6001. FINDINGS.

    ``The Congress finds that--
            ``(1) the Federal Government has a special responsibility 
        to ensure that educational programs for all American Indian and 
        Alaska Native children and adults--
                    ``(A) are based on high-quality, internationally 
                competitive content standards and student performance 
                standards and build on Indian culture and the Indian 
                community;
                    ``(B) assist local educational agencies, Indian 
                tribes, and other entities and individuals in providing 
                Indian students the opportunity to achieve such 
                standards; and
                    ``(C) meet the special educational and culturally 
                related academic needs of American Indian and Alaska 
                Native students;
            ``(2) since the date of enactment of the initial Indian 
        Education Act in 1972, the level of involvement of Indian 
        parents in the planning, development, and implementation of 
        educational programs that affect such parents and their 
        children has increased significantly, and schools should 
        continue to foster such involvement;
            ``(3) although the number of Indian teachers, 
        administrators, and university professors has increased since 
        1972, teacher training programs are not recruiting, training, 
        or retraining a sufficient number of Indian individuals as 
        educators to meet the needs of a growing Indian student 
        population in elementary, secondary, vocational, adult, and 
        higher education;
            ``(4) the dropout rate for Indian students is unacceptably 
        high, for example, nine percent of Indian students who were 
        eighth graders in 1988 had already dropped out of school by 
        1990;
            ``(5) during the period from 1980 to 1990, the percentage 
        of Indian individuals living at or below the poverty level 
        increased from 24 percent to 31 percent, and the readiness of 
        Indian children to learn is hampered by the high incidence of 
        poverty, unemployment, and health problems among Indian 
        children and their families; and
            ``(6) research related specifically to the education of 
        Indian children and adults is very limited, and much of the 
        research is of poor quality or is focused on limited local or 
        regional issues.

``SEC. 6002. PURPOSE.

    ``(a) Purpose.--It is the purpose of this title to support the 
efforts of local educational agencies, Indian tribes and organizations, 
postsecondary institutions, and other entities to meet the special 
educational and culturally related academic needs of American Indians 
and Alaska Natives, so that such students can achieve to the same 
challenging State performance standards expected of all students.
    ``(b) Programs.--This title carries out the purpose described in 
subsection (a) by authorizing programs of direct assistance for--
            ``(1) meeting the special educational and culturally 
        related academic needs of American Indians and Alaska Natives;
            ``(2) the education of Indian children and adults;
            ``(3) the training of Indian persons as educators and 
        counselors, and in other professions serving Indian people; and
            ``(4) research, evaluation, data collection, and technical 
        assistance.

         ``PART A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

``SEC. 6101. PURPOSE.

    ``It is the purpose of this part to support local educational 
agencies in their efforts to reform elementary and secondary school 
programs that serve Indian students in order to ensure that such 
programs--
            ``(1) are based on challenging State content standards and 
        State student performance standards that are used for all 
        students; and
            ``(2) are designed to assist Indian students meet those 
        standards and assist the Nation in reaching the National 
        Education Goals.

``SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) In General.--A local educational agency shall be eligible for 
a grant under this part for any fiscal year if the number of Indian 
children who are eligible under section 6106 and were enrolled in the 
schools of such agency and to whom the agency provided a free public 
education, during the preceding fiscal year--
            ``(1) was at least 10; or
            ``(2) constituted not less than 25 percent of the total 
        number of individuals enrolled in the schools of such agency.
    ``(b) Indian Tribes.--If a local educational agency that is 
eligible for a grant under this part does not apply for such grant, an 
Indian tribe that has children who are served by such local educational 
agency may apply for such grant.

``SEC. 6103. AMOUNT OF GRANTS.

    ``(a) Amount of Grant Awards.--
            ``(1) In general.--Except as provided in subsection (b) and 
        paragraph (2), the Secretary shall allocate to each local 
        educational agency with respect to which the Secretary has 
        approved an application under this part an amount equal to the 
        product of--
                    ``(A) the number of Indian children who are 
                eligible under section 6106 and served by such agency; 
                and
                    ``(B) the greater of--
                            ``(i) the average per-pupil expenditure of 
                        the State in which such agency is located; or
                            ``(ii) 80 percent of the average per-pupil 
                        expenditure in the United States.
            ``(2) Reduction.--The Secretary shall reduce the amount of 
        each allocation determined under paragraph (1) in accordance 
        with subsection (e).
    ``(b) Minimum Grant.--A local educational agency or an Indian tribe 
(as authorized under section 6102(b)) that is eligible for a grant 
under section 6102, and a school that is operated or supported by the 
Bureau of Indian Affairs that is eligible for a grant under subsection 
(d), that submits an application that is approved by the Secretary, 
shall, subject to appropriations, receive a grant under this part in an 
amount that is not less than $4,000.
    ``(c) Definition.--For the purpose of this section, the average 
per-pupil expenditure of a State shall be an amount equal to--
            ``(1) the sum of the aggregate current expenditures of all 
        the local educational agencies in the State, plus any direct 
        current expenditures by the State for the operation of such 
        agencies, without regard to the sources of funds from which 
        such local or State expenditures were made, during the second 
        fiscal year preceding the fiscal year for which the computation 
        is made; divided by
            ``(2) the aggregate number of children who were included in 
        average daily attendance for whom such agencies provided free 
        public education during such preceding fiscal year.
    ``(d) Schools Operated or Supported by the Bureau of Indian 
Affairs.--
            ``(1) In general.--In addition to the grants awarded under 
        subsection (a), and subject to paragraph (2), the Secretary 
        shall allocate to the Secretary of the Interior an amount equal 
        to the product of--
                    ``(A) the total number of Indian children enrolled 
                in schools that are operated by--
                            ``(i) the Bureau of Indian Affairs; or
                            ``(ii) an Indian tribe, or an organization 
                        controlled or sanctioned by an Indian tribal 
                        government, for the children of such tribe 
                        under a contract with, or grant from, the 
                        Department of the Interior under the Indian 
                        Self-Determination Act or the Tribally 
                        Controlled Schools Act of 1988 (part B of title 
                        V of the Augustus F. Hawkins-Robert T. Stafford 
                        Elementary and Secondary School Improvement 
                        Amendments of 1988); and
                    ``(B) the greater of--
                            ``(i) the average per-pupil expenditure of 
                        the State in which the school is located; or
                            ``(ii) 80 percent of the average per-pupil 
                        expenditure in the United States.
            ``(2) Transfer.-- The Secretary shall transfer the amount 
        determined under paragraph (1), subject to any reduction that 
        may be necessary under subsection (e), to the Secretary of the 
        Interior in accordance with, and subject to, section 10205.
    ``(e) Ratable Reductions.--If the sums appropriated for any fiscal 
year under section 6602(a) are insufficient to pay in full the amounts 
determined for local educational agencies under subsection (a)(1) and 
for the Secretary of the Interior under subsection (d), each of those 
amounts shall be ratably reduced.

``SEC. 6104. APPLICATIONS.

    ``(a) Application Required.--Each local educational agency that 
desires to receive a grant under this part shall submit an application 
to the Secretary at such time, in such manner, and containing such 
information as the Secretary may reasonably require.
    ``(b) Comprehensive Program Required.--Each application submitted 
under subsection (a) shall include a comprehensive program for meeting 
the needs of Indian children served by the local educational agency, 
including the language and cultural needs of the children, that--
            ``(1) provides programs and activities to meet the 
        culturally related academic needs of American Indian and Alaska 
        Native students;
            ``(2) explains how Federal, State, and local programs, 
        especially programs under title I, will meet the needs of such 
        children;
            ``(3) demonstrates how funds made available under this part 
        will be used for activities described in section 6105;
            ``(4) describes the professional development opportunities 
        that will be provided, as needed, to ensure that--
                    ``(A) teachers and other school professionals who 
                are new to the Indian community are prepared to work 
                with Indian children; and
                    ``(B) all teachers who will be involved in the 
                program assisted under this part have been properly 
                trained to carry out such program; and
            ``(5) describes how the local educational agency--
                    ``(A) will periodically assess the progress of all 
                Indian children enrolled in the schools of the local 
                educational agency, including Indian children who do 
                not participate in programs assisted under this part, 
                in meeting the goals described in paragraph (2);
                    ``(B) will provide the results of each assessment 
                referred to in subparagraph (A) to--
                            ``(i) the committee of parents described in 
                        subsection (c)(4); and
                            ``(ii) the community served by the local 
                        educational agency; and
                    ``(C) is responding to findings of any previous 
                assessments that are similar to the assessments 
                described in subparagraph (A).
    ``(c) Assurances.--Each application submitted under subparagraph 
(a) shall include assurances that--
            ``(1) the local educational agency will use funds received 
        under this part only to supplement the level of funds that, in 
        the absence of the Federal funds made available under this 
        part, such agency would make available for the education of 
        Indian children, and not to supplant such funds;
            ``(2) the local educational agency will submit such reports 
        to the Secretary, in such form and containing such information, 
        as the Secretary may require to--
                    ``(A) carry out the functions of the Secretary 
                under this part; and
                    ``(B) determine the extent to which funds provided 
                to the local educational agency under this part are 
                effective in improving the educational achievement of 
                Indian students served by such agency;
            ``(3) the program for which assistance is sought--
                    ``(A) is based on a local assessment and 
                prioritization of the special educational and 
                culturally related academic needs of the American 
                Indian and Alaska Native students for whom the local 
                educational agency is providing an education;
                    ``(B) will use the best available talents and 
                resources, including individuals from the Indian 
                community; and
                    ``(C) was developed by such agency in open 
                consultation with parents of Indian children and 
                teachers, and, if appropriate, Indian students from 
                secondary schools, including public hearings held by 
                such agency to provide the individuals described in 
                this subparagraph a full opportunity to understand the 
                program and to offer recommendations regarding the 
                program; and
            ``(4) the local educational agency developed the program 
        with the participation and written approval of a committee--
                    ``(A) that is composed of, and selected by--
                            ``(i) Indian parents of Indian children in 
                        the schools of the local educational agency, 
                        and teachers; and
                            ``(ii) if appropriate, Indian students 
                        attending secondary schools;
                    ``(B) the membership of which is at least three-
                fourths Indian parents of Indian children;
                    ``(C) that sets forth such policies and procedures, 
                including policies and procedures relating to the 
                hiring of personnel, as will ensure that the program 
                for which assistance is sought will be operated and 
                evaluated in consultation with, and with the 
                involvement of, parents of the children, and 
                representatives of the area, to be served;
                    ``(D) with respect to an application describing a 
                schoolwide program in accordance with section 6105(c), 
                has--
                            ``(i) reviewed the program; and
                            ``(ii) determined that the program will not 
                        diminish the availability of culturally related 
                        activities for American Indians and Alaskan 
                        Native students; and
                    ``(E) has adopted reasonable bylaws for the conduct 
                of the activities of the committee and abides by such 
                bylaws.

``SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.

    ``(a) General Requirements.--Each local educational agency that 
receives a grant under this part shall use the grant funds, in a manner 
consistent with the purpose specified in section 6101, for services and 
activities that--
            ``(1) are designed to carry out the comprehensive plan of 
        the local educational agency for Indian students, and described 
        in the application of the local educational agency submitted to 
        the Secretary under section 6104(b);
            ``(2) are designed with special regard for the language and 
        cultural needs of the Indian students; and
            ``(3) supplement and enrich the regular school program of 
        such agency.
    ``(b) Particular Activities.--The services and activities referred 
to in subsection (a) may include--
            ``(1) culturally related activities that support the 
        program described in the application submitted by the local 
        educational agency;
            ``(2) early childhood and family programs that emphasize 
        school readiness;
            ``(3) enrichment programs that focus on problem-solving and 
        cognitive skills development and directly support the 
        attainment of challenging State content standards and State 
        student performance standards;
            ``(4) integrated educational services in combination with 
        other programs that meet the needs of Indian children and their 
        families;
            ``(5) school-to-work transition activities to enable Indian 
        students to participate in programs such as the programs 
        supported by the School-to-Work Opportunities Act of 1994 and 
        the Carl D. Perkins Vocational and Applied Technology Education 
        Act, including programs for technical preparation, mentoring, 
        and apprenticeship;
            ``(6) activities to educate individuals concerning 
        substance abuse and to prevent substance abuse; and
            ``(7) the acquisition of equipment, but only if the 
        acquisition of the equipment is essential to meet the purpose 
        described in section 6101.
    ``(c) Schoolwide Programs.--Notwithstanding any other provision of 
law, a local educational agency may use funds made available to the 
agency under this part to support a schoolwide program under section 
1114 if--
            ``(1) at least 50 percent of the enrollment of the school 
        that is the subject of the schoolwide program is comprised of 
        Indian children;
            ``(2) the committee composed of parents established 
        pursuant to section 6104(c)(4) approves the use of the funds 
        for the schoolwide program; and
            ``(3) the schoolwide program is consistent with the purpose 
        described in section 6101.

``SEC. 6106. STUDENT ELIGIBILITY AND FORMS.

    ``(a) In General.--The Secretary shall require that, as part of an 
application for a grant under this part, each applicant shall maintain 
a file, with respect to each Indian child for whom the local 
educational agency provides a free public education, that contains a 
form that sets forth information establishing the status of the child 
as an Indian child eligible for assistance under this part and that 
otherwise meets the requirements of subsection (b).
    ``(b) Forms.--
            ``(1) In general.--The form described in subsection (a) 
        shall include--
                    ``(A) either--
                            ``(i)(I) the name of the tribe or band of 
                        Indians (as defined in section 6601(4)) with 
                        respect to which the child claims membership;
                            ``(II) the enrollment number establishing 
                        the membership of the child (if readily 
                        available); and
                            ``(III) the name and address of the 
                        organization that maintains updated and 
                        accurate membership data for such tribe or band 
                        of Indians; or
                            ``(ii) if the child is not a member of a 
                        tribe or band of Indians, the name, the 
                        enrollment number (if readily available), and 
                        the organization (and address thereof) 
                        responsible for maintaining updated and 
                        accurate membership rolls of any parent or 
                        grandparent of the child from whom the child 
                        claims eligibility;
                    ``(B) a statement of whether the tribe or band of 
                Indians with respect to which the child, parent or 
                grandparent of the child claims membership is federally 
                recognized;
                    ``(C) the name and address of the parent or legal 
                guardian of the child;
                    ``(D) a signature of the parent or legal guardian 
                of the child that verifies the accuracy of the 
                information supplied; and
                    ``(E) any other information that the Secretary 
                considers necessary to provide an accurate program 
                profile.
            ``(2) Minimum information.--In order for a child to be 
        eligible to be counted for the purpose of computing the amount 
        of a grant award made under section 6103, an eligibility form 
        prepared pursuant to this section for a child shall include--
                    ``(A) the name of the child;
                    ``(B) the name of the tribe or band of Indians (as 
                defined in section 6601(4)) with respect to which the 
                child claims eligibility; and
                    ``(C) the dated signature of the parent or guardian 
                of the child.
            ``(3) Failure.--The failure of an applicant to furnish any 
        information described in this subsection other than the 
        information described in paragraph (2) with respect to any 
        child shall have no bearing on the determination of whether the 
        child is an eligible Indian child for the purposes of 
        determining the amount of a grant award made under section 
        6103.
    ``(c) Statutory Construction.--Nothing in this subsection shall be 
construed to affect a definition contained in section 6601.
    ``(d) Forms and Standards of Proof.--The forms and the standards of 
proof (including the standard of good faith compliance) that were in 
use during the 1985-1986 academic year to establish the eligibility of 
a child for entitlement under the Indian Elementary and Secondary 
School Assistance Act shall be the forms and standards of proof used--
            ``(1) to establish such eligibility; and
            ``(2) to meet the requirements of subsection (a).
    ``(e) Documentation.--For purposes of determining whether a child 
is eligible to be counted for the purpose of computing the amount of a 
grant under section 6103, the membership of the child, or any parent or 
grandparent of the child, in a tribe or band of Indians may be 
established by proof other than an enrollment number, notwithstanding 
the availability of an enrollment number for a member of such tribe, 
band, or group. Nothing in subsection (b) shall be construed to require 
the furnishing of an enrollment number.
    ``(f) Monitoring and Evaluation Review.--
            ``(1) In general.--(A) For each fiscal year, in order to 
        provide such information as is necessary to carry out the 
        responsibility of the Secretary to provide technical assistance 
        under this part, the Secretary shall conduct a monitoring and 
        evaluation review of a sampling of the recipients of grants 
        under this part. The sampling conducted under this subparagraph 
        shall take into account size of the local educational agency 
        and the geographic location of such agency.
            ``(B) Notwithstanding any other provision of law, a local 
        educational agency may not be held liable to the United States 
        or be subject to any penalty, by reason of the findings of an 
        audit that relates to the date of completion, or the date of 
        submission, of any forms used to establish, before April 28, 
        1988, the eligibility of a child for entitlement under the 
        Indian Elementary and Secondary School Assistance Act.
            ``(2) False information.--Any local educational agency that 
        provides false information in an application for a grant under 
        this subpart shall--
                    ``(A) be ineligible to apply for any other grant 
                under this part; and
                    ``(B) be liable to the United States for any funds 
                provided to the local educational agency that have not 
                been expended.
            ``(3) Excluded children.--A student who provides false 
        information for the form required under subsection (d) shall 
        not be counted for the purpose of computing the amount of a 
        grant under section 6103.
    ``(g) Distribution.--For the purposes of the distribution of funds 
under this part to schools that receive funding from the Bureau of 
Indian Affairs pursuant to--
            ``(1) section 1130 of the Education Amendments of 1978; and
            ``(2) the Act of April 16, 1934 (48 Stat. 596, chapter 
        147),
the Secretary shall, in lieu of meeting the requirements of this 
section for counting Indian children, use a count of the number of 
students in such schools certified by the Bureau of Indian Affairs.

``SEC. 6107. PAYMENTS.

    ``(a) In General.--Subject to subsections (b) and (c), the 
Secretary shall pay to each local educational agency that submits an 
application that is approved by the Secretary under this part the 
amount determined under section 6103. The Secretary shall notify the 
local educational agency of the amount of the payment not later than 
June 1 of the year for which the Secretary makes the payment.
    ``(b) Payments Taken Into Account by the State.--The Secretary may 
not make a grant under this part to a local educational agency for a 
fiscal year if, for such fiscal year, the State in which the local 
educational agency is located takes into consideration payments made 
under this part (or under subpart 1 of the Indian Education Act of 
1988) in determining the eligibility of the local educational agency 
for State aid, or the amount of the State aid, with respect to the free 
public education of children during such fiscal year or the preceding 
fiscal year.
    ``(c) Reduction of Payment for Failure To Maintain Fiscal Effort.--
            ``(1) In general.--The Secretary may not pay a local 
        educational agency the full amount of a grant award determined 
        under section 6103 for any fiscal year unless the State 
        educational agency notifies the Secretary, and the Secretary 
        determines, that with respect to the provision of free public 
        education by the local educational agency for the preceding 
        fiscal year, the combined fiscal effort of the local 
        educational agency, computed on either a per student or 
        aggregate expenditure basis was not less than 90 percent of the 
        amount of the combined fiscal effort, computed on the same 
        basis, for the second preceding fiscal year.
            ``(2) Failure.--If, for any fiscal year, the Secretary 
        determines that a local educational agency failed to maintain 
        the fiscal effort of such agency at the level specified in 
        paragraph (1), the Secretary shall--
                    ``(A) reduce the amount of the grant that would 
                otherwise be made to the agency under this part in the 
                exact proportion of such agency's failure to maintain 
                its fiscal effort at such level; and
                    ``(B) not use the reduced amount of the agency's 
                expenditures for the preceding year to determine 
                compliance with paragraph (1) for any succeeding fiscal 
                year, but shall use the amount of expenditures that 
                would have been required to comply with paragraph (1).
            ``(3) Waiver.--(A) The Secretary may waive the requirement 
        of paragraph (1), for not more than one year at a time, if the 
        Secretary determines that the failure to comply with such 
        requirement is due to exceptional or uncontrollable 
        circumstances, such as a natural disaster or a precipitous and 
        unforeseen decline in the agency's financial resources.
            ``(B) The Secretary shall not use the reduced amount of 
        such agency's expenditures for the fiscal year preceding the 
        fiscal year for which a waiver is granted to determine 
        compliance with paragraph (1) for any succeeding fiscal year, 
        but shall use the amount of expenditures that would have been 
        required to comply with paragraph (1) in the absence of the 
        waiver.
    ``(d) Reallocations.--The Secretary may reallocate, in a manner 
that the Secretary determines will best carry out the purpose of this 
part, any amounts that--
            ``(1) based on estimates made by local educational agencies 
        or other information, the Secretary determines will not be 
        needed by such agencies to carry out approved programs under 
        this part; or
            ``(2) otherwise become available for reallocation under 
        this part.

    ``PART B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL 
                   OPPORTUNITIES FOR INDIAN CHILDREN

``SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN 
              CHILDREN.

    ``(a) Purpose.--
            ``(1) In general.--It is the purpose of this section to 
        support projects to develop, test, and demonstrate the 
        effectiveness of services and programs to improve educational 
        opportunities and achievement of Indian children.
            ``(2) Coordination.--The Secretary shall take such actions 
        as are necessary to achieve the coordination of activities 
        assisted under this part with--
                    ``(A) other programs funded under this Act; and
                    ``(B) other Federal programs operated for the 
                benefit of American Indian and Alaska Native children.
    ``(b) Eligible Entities.--For the purpose of this section, the term 
`eligible entity' means a State educational agency, local educational 
agency, Indian tribe, Indian organization, federally supported 
elementary and secondary school for Indian students, Indian 
institution, including an Indian institutions of higher education, or a 
consortium of such institutions.
    ``(c) Grants Authorized.--
            ``(1) In general.--The Secretary shall award grants to 
        eligible entities to enable such entities to carry out 
        activities that meet the purpose specified in subsection 
        (a)(1), including--
                    ``(A) innovative programs related to the 
                educational needs of educationally deprived children;
                    ``(B) educational services that are not available 
                to such children in sufficient quantity or quality, 
                including remedial instruction, to raise the 
                achievement of Indian children in one or more of the 
                core academic subjects as such subjects are described 
                in the third National Education Goal described in 
                section 102(3) of the Goals 2000: Educate America Act;
                    ``(C) bilingual and bicultural programs and 
                projects;
                    ``(D) special health and nutrition services, and 
                other related activities, that address the special 
                health, social, and psychological problems of Indian 
                children;
                    ``(E) special compensatory and other programs and 
                projects designed to assist and encourage Indian 
                children to enter, remain in, or reenter school, and to 
                increase the rate of secondary school graduation;
                    ``(F) comprehensive guidance, counseling, and 
                testing services;
                    ``(G) early childhood and kindergarten programs, 
                including family-based preschool programs that 
                emphasize school readiness and parental skills, and the 
                provision of services to Indian children with 
                disabilities;
                    ``(H) partnership projects between local 
                educational agencies and institutions of higher 
                education that allow secondary school students to 
                enroll in courses at the postsecondary level to aid 
                such students in the transition from secondary school 
                to postsecondary education;
                    ``(I) partnership projects between schools and 
                local businesses for school-to-work transition programs 
                designed to provide Indian youth with the knowledge and 
                skills the youth need to make an effective transition 
                from school to a first job in a high-skill, high-wage 
                career;
                    ``(J) programs designed to encourage and assist 
                Indian students to work toward, and gain entrance into, 
                an institution of higher education; and
                    ``(K) other services that meet the purpose 
                described in subsection (a)(1).
            ``(2) Preservice or inservice training.--Preservice or 
        inservice training of professional and paraprofessional 
        personnel may be a part of any program assisted under this 
        section.
    ``(d) Grant Requirements and Applications.--
            ``(1) Grant requirements.--(A) The Secretary may make 
        multiyear grants under this section for the planning, 
        development, pilot operation, or demonstration of any activity 
        described in subsection (c) for a period not to exceed 5 years.
            ``(B) In making multiyear grants under this section, the 
        Secretary shall give priority to applications that present a 
        plan for combining two or more of the activities described in 
        subsection (c) over a period of more than 1 year.
            ``(C) The Secretary shall make a grant payment to an 
        eligible entity after the initial year of the multiyear grant 
        only if the Secretary determines that the eligible entity has 
        made substantial progress in carrying out the activities 
        assisted under the grant in accordance with the application 
        submitted under paragraph (2) and any subsequent modifications 
        to such application.
            ``(D)(i) In addition to awarding the multiyear grants 
        described in subparagraph (A), the Secretary may award grants 
        to eligible entities for the dissemination of exemplary 
        materials or programs assisted under this section.
            ``(ii) The Secretary may award a dissemination grant under 
        this subparagraph if, prior to awarding the grant, the 
        Secretary determines that the material or program to be 
        disseminated has been adequately reviewed and has a 
        demonstrated--
                    ``(I) educational merit; and
                    ``(II) the ability to be replicated.
            ``(2) Application.--(A) Any eligible entity that desires to 
        receive a grant under this subsection shall submit an 
        application to the Secretary at such time and in such manner as 
        the Secretary may require.
            ``(B) Each application submitted to the Secretary under 
        subparagraph (A) shall contain--
                    ``(i) a description of how parents of Indian 
                children and representatives of Indian tribes have 
                been, and will be, involved in developing and 
                implementing the activities for which assistance is 
                sought;
                    ``(ii) assurances that the applicant will 
                participate, at the request of the Secretary, in any 
                national evaluation of activities assisted under this 
                section; and
                    ``(iii) such other assurances and information as 
                the Secretary may reasonably require.

``SEC. 6202. PROFESSIONAL DEVELOPMENT.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to increase the number of qualified Indian 
        individuals in professions that serve Indian people;
            ``(2) to provide training to qualified Indian individuals 
        to enable such individuals to become teachers, administrators, 
        teacher aides, social workers, and ancillary educational 
        personnel; and
            ``(3) to improve the skills of qualified Indian individuals 
        who serve in the capacities described in paragraph (2).
    ``(b) Eligible Entities.--For the purpose of this section, the term 
`eligible entity' means--
            ``(1) an institution of higher education, including an 
        Indian institution of higher education;
            ``(2) a State or local educational agency, in consortium 
        with an institutions of higher education; and
            ``(3) an Indian tribe or organization, in consortium with 
        an institution of higher education.
    ``(c) Program Authorized.--The Secretary is authorized to award 
grants to eligible entities having applications approved under this 
section to enable such entities to carry out the activities described 
in subsection (d).
    ``(d) Authorized Activities.--
            ``(1) In general.--Grant funds under this section shall be 
        used to provide support and training for Indian individuals in 
        a manner consistent with the purposes of this section. Such 
        activities may include continuing programs, symposia, 
        workshops, conferences, and direct financial support.
            ``(2) Special rules.--(A) For education personnel, the 
        training received pursuant to a grant under this section may be 
        inservice or preservice training.
            ``(B) For individuals who are being trained to enter any 
        field other than education, the training received pursuant to a 
        grant under this section shall be in a program that results in 
        a graduate degree.
    ``(e) Application.--
            ``(1) In general.--Each eligible entity desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner and accompanied by such 
        information, as the Secretary may reasonably require.
            ``(2) Preference.--In awarding grants under this section, 
        the Secretary shall give preference to applications describing 
        programs that train Indian individuals.
    ``(f) Special Rule.--In making grants under this section, the 
Secretary--
            ``(1) shall consider the prior performance of the eligible 
        entity; and
            ``(2) may not limit eligibility to receive a grant under 
        this section on the basis of--
                    ``(A) the number of previous grants the Secretary 
                has awarded such entity; or
                    ``(B) the length of any period during which such 
                entity received such grants.
    ``(g) Grant Period.--Each grant under this section shall be awarded 
for a program of not more than 5 years.
    ``(h) Service Obligation.--
            ``(1) In general.--The Secretary shall require, by 
        regulation, that an individual who receives training pursuant 
        to a grant made under this section--
                    ``(A) perform work--
                            ``(i) related to the training received 
                        under this section; and
                            ``(ii) that benefits Indian people; or
                    ``(B) repay all or a prorated part of the 
                assistance received.
            ``(2) Reporting.--The Secretary shall establish, by 
        regulation, a reporting procedure under which a grant recipient 
        under this section shall, not later than 12 months after the 
        date of completion of the training, and periodically 
        thereafter, provide information concerning the compliance of 
        such recipient with the work requirement under paragraph (1).

``SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.

    ``(a) Fellowships.--
            ``(1) Authority.--The Secretary is authorized to award 
        fellowships to Indian students to enable such students to study 
        in graduate and professional programs at institutions of higher 
        education.
            ``(2) Requirements.--The fellowships described in paragraph 
        (1) shall be awarded to Indian students to enable such students 
        to pursue a course of study--
                    ``(A) of not more than 4 academic years; and
                    ``(B) that leads--
                            ``(i) toward a postbaccalaureate degree in 
                        medicine, clinical psychology, psychology, law, 
                        education, and related fields; or
                            ``(ii) to an undergraduate or graduate 
                        degree in engineering, business administration, 
                        natural resources, and related fields.
    ``(b) Stipends.--The Secretary shall pay to Indian students awarded 
fellowships under subsection (a) such stipends (including allowances 
for subsistence of such students and dependents of such students) as 
the Secretary determines to be consistent with prevailing practices 
under comparable federally supported programs.
    ``(c) Payments to Institutions in Lieu of Tuition.--The Secretary 
shall pay to the institution of higher education at which the holder of 
a fellowship is pursuing a course of study, such amount as the 
Secretary determines to be necessary to cover the cost of education 
provided the fellowship recipient.
    ``(d) Special Rules.--
            ``(1) In general.--If a fellowship awarded under subsection 
        (a) is vacated prior to the end of the period for which the 
        fellowship is awarded, the Secretary may award an additional 
        fellowship for the unexpired portion of the period of the 
        fellowship.
            ``(2) Written notice.--Not later than 45 days before the 
        commencement of an academic term, the Secretary shall provide 
        to each individual who is awarded a fellowship under subsection 
        (a) for such academic term written notice of--
                    ``(A) the amount of the fellowship; and
                    ``(B) any stipends or other payments that will be 
                made under this section to, or for the benefit of, the 
                individual for the academic term.
            ``(3) Priority.--In awarding fellowships under subsection 
        (a), the Secretary shall give priority to awarding not more 
        than 10 percent of such fellowships to Indian students who are 
        receiving training in guidance counseling with a specialty in 
        the area of alcohol and substance abuse counseling and 
        education.
    ``(e) Service Obligation.--
            ``(1) In general.--The Secretary shall require, by 
        regulation, that an individual who receives financial 
        assistance under this section--
                    ``(A) perform work--
                            ``(i) related to the training for which the 
                        individual receives assistance under this 
                        section; and
                            ``(ii) that benefits Indian people; or
                    ``(B) repay all or a prorated portion of such 
                assistance.
            ``(2) Reporting procedure.--The Secretary shall establish, 
        by regulation, a reporting procedure under which the recipient 
        of training assistance under this section, not later than 12 
        months after the date of completion of the training and 
        periodically thereafter, shall provide information concerning 
        the compliance of such recipient with the work requirement 
        under paragraph (1).
    ``(f) Administration of Fellowships.--The Secretary may administer 
the fellowships authorized under this section through a grant to, or 
contract or cooperative agreement with, an Indian organization with 
demonstrated qualifications to administer all facets of the program 
assisted under this section.

``SEC. 6204. GIFTED AND TALENTED.

    ``(a) Program Authorized.--The Secretary is authorized to--
            ``(1) establish two centers for gifted and talented Indian 
        students at tribally controlled community colleges in 
        accordance with this section; and
            ``(2) support demonstration projects described in 
        subsection (c).
    ``(b) Eligible Entities.--The Secretary shall make grants to, or 
enter into contracts, for the activities described in subsection (a), 
with--
            ``(1) two tribally controlled community colleges that--
                    ``(A) are eligible for funding under the Tribally 
                Controlled Community College Assistance Act of 1978; 
                and
                    ``(B) are accredited by a State or regional 
                accrediting agency or organization; or
            ``(2) if the Secretary does not receive applications that 
        the Secretary determines to be approvable from two colleges 
        that meet the requirements of paragraph (1), the American 
        Indian Higher Education Consortium.
    ``(c) Use of Funds.--
            ``(1) In general.--The grants made, or contracts entered 
        into, by the Secretary under subsection (a) shall be used for--
                    ``(A) the establishment of centers described in 
                subsection (a); and
                    ``(B) carrying out demonstration projects designed 
                to--
                            ``(i) address the special needs of Indian 
                        students in elementary and secondary schools 
                        who are gifted and talented; and
                            ``(ii) provide such support services to the 
                        families of the students described in clause 
                        (i) as are needed to enable such students to 
                        benefit from the projects.
            ``(2) Subcontracts.--Each recipient of a grant or contract 
        under subsection (a) may enter into a contract with any other 
        entity, including the Children's Television Workshop, to carry 
        out the demonstration project under this subsection.
            ``(3) Demonstration projects.--Demonstration projects 
        assisted under subsection (a) may include--
                    ``(A) the identification of the special needs of 
                gifted and talented Indian students, particularly at 
                the elementary school level, giving attention to--
                            ``(i) the emotional and psychosocial needs 
                        of such students; and
                            ``(ii) providing such support services to 
                        the families of such students as are needed to 
                        enable such students to benefit from the 
                        project;
                    ``(B) the conduct of educational, psychosocial, and 
                developmental activities that the Secretary determines 
                holds a reasonable promise of resulting in substantial 
                progress toward meeting the educational needs of such 
                gifted and talented children, including--
                            ``(i) demonstrating and exploring the use 
                        of Indian languages and exposure to Indian 
                        cultural traditions; and
                            ``(ii) mentoring and apprenticeship 
                        programs;
                    ``(C) the provision of technical assistance and the 
                coordination of activities at schools that receive 
                grants under subsection (d) with respect to the 
                activities assisted under such grants, the evaluation 
                of programs assisted under such grants, or the 
                dissemination of such evaluations;
                    ``(D) the use of public television in meeting the 
                special educational needs of such gifted and talented 
                children;
                    ``(E) leadership programs designed to replicate 
                programs for such children throughout the United 
                States, including disseminating information derived 
                from the demonstration projects conducted under 
                subsection (a); and
                    ``(F) appropriate research, evaluation, and related 
                activities pertaining to the needs of such children and 
                to the provision of such support services to the 
                families of such children that are needed to enable 
                such children to benefit from the project.
            ``(4) Application.--Each entity desiring a grant under 
        subsection (a) shall submit an application to the Secretary at 
        such time and in such manner as the Secretary may prescribe.
    ``(d) Additional Grants.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of the Interior, shall award 5 grants to schools 
        funded by the Bureau of Indian Affairs (hereafter in this 
        section referred to as `Bureau schools') for program research 
        and development and the development and dissemination of 
        curriculum and teacher training material, regarding--
                    ``(A) gifted and talented students;
                    ``(B) college preparatory studies (including 
                programs for Indian students with an interest in 
                pursuing teaching careers);
                    ``(C) students with special culturally related 
                academic needs, including students with social, 
                lingual, and cultural needs; or
                    ``(D) mathematics and science education.
            ``(2) Applications.--Each Bureau school desiring a grant 
        under this subsection shall submit an application to the 
        Secretary in such form and at such time as the Secretary may 
        prescribe.
            ``(3) Special rule.--Each application described in 
        paragraph (2) shall be developed, and each grant under this 
        subsection shall be administered, jointly by the supervisor of 
        the Bureau school and the local educational agency serving such 
        school.
            ``(4) Requirements.--In awarding grants under paragraph 
        (1), the Secretary shall achieve a mixture of the programs 
        described in paragraph (1) that ensures that Indian students at 
        all grade levels and in all geographic areas of the United 
        States are able to participate in a program assisted under this 
        subsection.
            ``(5) Grant period.--Subject to the availability of 
        appropriations, grants under paragraph (1) shall be awarded for 
        a 3-year period and may be renewed by the Secretary for 
        additional 3-year periods if the Secretary determines that the 
        performance of the grant recipient has been satisfactory.
            ``(6) Dissemination.--The dissemination of any materials 
        developed from activities assisted under paragraph (1) shall be 
        carried out in cooperation with entities that receive funds 
        pursuant to subsection (b).
            ``(7) Evaluation costs.--(A) The costs of evaluating any 
        activities assisted under paragraph (1) shall be divided 
        between the Bureau schools conducting such activities and the 
        recipients of grants or contracts under subsection (b) who 
        conduct demonstration projects under such subsection.
            ``(B) If no funds are provided under subsection (b) for--
                    ``(i) the evaluation of activities assisted under 
                paragraph (1);
                    ``(ii) technical assistance and coordination with 
                respect to such activities; or
                    ``(iii) the dissemination of the evaluations 
                referred to in clause (i),
        then the Secretary shall make such grants, or enter into such 
        contracts, as are necessary to provide for the evaluations, 
        technical assistance, and coordination of such activities, and 
        the dissemination of the evaluations.
    ``(e) Information Network.--The Secretary shall encourage each 
recipient of a grant or contract under this section to work 
cooperatively as part of a national network to ensure that the 
information developed by the grant or contract recipient is readily 
available to the entire educational community of the United States.

``SEC. 6205. GRANTS FOR EVALUATION AND TECHNICAL ASSISTANCE.

    ``(a) In General.--The Secretary may award grants to, and enter 
into contracts with, public agencies, State educational agencies in 
States in which more than 5,000 Indian children are enrolled in public 
elementary and secondary schools, Indian tribes, Indian institutions, 
Indian organizations, and private institutions and organizations, to 
establish, on a regional basis, information centers that shall--
            ``(1) evaluate programs that receive assistance under this 
        title and evaluate other Indian education programs in order 
        to--
                    ``(A) determine the effectiveness of the programs 
                in meeting the special educational and culturally 
                related academic needs of Indian children and adults; 
                and
                    ``(B) conduct research to determine the needs 
                described in subparagraph (A);
            ``(2) provide technical assistance in the form of materials 
        and personnel resources, upon request, to local educational 
        agencies and Indian tribes, Indian organizations, Indian 
        institutions, and committees described in section 6104(c)(4) in 
        evaluating and carrying out activities assisted under this 
        title; and
            ``(3) disseminate information, upon request, to the 
        entities described in paragraph (1) concerning all Federal 
        education programs that affect the education of Indian children 
        and adults, including information concerning successful models 
        and programs designed to meet the special educational needs of 
        Indian children.
    ``(b) Period of Grant or Contract.--Each grant or contract under 
this section may be for a period of not more than 3 years, and may be 
renewed for an additional 3-year period if the Secretary annually 
reviews the performance of the grant recipient and determines that 
satisfactory progress has been made.
    ``(c) Use of Funds.--The Secretary may award grants and enter into 
contracts with Indian tribes, institutions, and organizations, and 
public agencies and institutions for--
            ``(1) the dissemination, on a national basis, of 
        information concerning education programs, services, and 
        resources available to Indian children and adults, including 
        evaluations of such programs, services, and resources; and
            ``(2) the evaluation of the effectiveness of federally 
        assisted programs in which Indian children and adults may 
        participate in achieving the purposes of such programs relating 
        to Indian children and adults.
    ``(d) State Agency Grants and Contracts.--The Secretary shall award 
not more than 15 percent of the funds appropriated under subsection (g) 
for each fiscal year to State educational agencies.
    ``(e) Application.--
            ``(1) In general.--Each entity desiring assistance under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and accompanied by such information 
        as the Secretary may reasonably require.
            ``(2) Priority.--In approving applications under this 
        section, the Secretary shall give priority to Indian 
        educational agencies, organizations, and institutions.
            ``(3) Approval.--The Secretary may approve an application 
        under this section, only if the Secretary determines that the 
        funds made available under this section will be used to 
        supplement the level of funds from State, local, and other 
        Federal sources that would, in the absence of Federal funds 
        provided under this section, be made available by the State or 
        local educational agency for the activities described in this 
        section, and in no case will be used to supplant such funds.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Education $8,000,000 for each of the 
fiscal years 1995 through 1999 to carry out this section.

``SEC. 6206. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND 
              DEVELOPMENT.

    ``(a) In General.--The Secretary may make grants to Indian tribes, 
and tribal organizations approved by Indian tribes, to plan and develop 
a centralized tribal administrative entity to--
            ``(1) coordinate all education programs operated by the 
        tribe or within the territorial jurisdiction of the tribe;
            ``(2) develop education codes for schools within the 
        territorial jurisdiction of the tribe;
            ``(3) provide support services and technical assistance to 
        schools serving children of the tribe; and
            ``(4) perform child-find screening services for the 
        preschool-aged children of the tribe to--
                    ``(A) ensure placement in appropriate educational 
                facilities; and
                    ``(B) coordinate the provision of any needed 
                special services for conditions such as disabilities 
                and English language skill deficiencies.
    ``(b) Period of Grant.--Each grant under this section may be 
awarded for a period of not more than 3 years, except that such grant 
may be renewed upon the termination of the initial period of the grant 
if the grant recipient demonstrates to the satisfaction of the 
Secretary that renewing the grant for an additional 3-year period is 
necessary to carry out the objectives of the grant described in 
subsection (c)(2)(A).
    ``(c) Application for Grant.--
            ``(1) In general.--Each Indian tribe and tribal 
        organization desiring a grant under this section shall submit 
        an application to the Secretary at such time, in such manner, 
        containing such information, and consistent with such criteria, 
        as the Secretary may prescribe in regulations.
            ``(2) Contents.--Each application described in paragraph 
        (1) shall contain--
                    ``(A) a statement describing the activities to be 
                conducted, and the objectives to be achieved, under the 
                grant; and
                    ``(B) a description of the method to be used for 
                evaluating the effectiveness of the activities for 
                which assistance is sought and determining whether such 
                objectives are achieved.
            ``(3) Approval.--The Secretary may approve an application 
        submitted by a tribe or tribal organization pursuant to this 
        section only if the Secretary is satisfied that such 
        application, including any documentation submitted with the 
        application--
                    ``(A) demonstrates that the applicant has consulted 
                with other education entities, if any, within the 
                territorial jurisdiction of the applicant who will be 
                affected by the activities to be conducted under the 
                grant;
                    ``(B) provides for consultation with such other 
                education entities in the operation and evaluation of 
                the activities conducted under the grant; and
                    ``(C) demonstrates that there will be adequate 
                resources provided under this section or from other 
                sources to complete the activities for which assistance 
                is sought, except that the availability of such other 
                resources shall not be a basis for disapproval of such 
                application.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Education $3,000,000 for each of the 
fiscal years 1995 through 1999 to carry out this section.

   ``PART C--SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS

``SEC. 6301. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT 
              INDIANS.

    ``(a) In General.--The Secretary shall award grants to State and 
local educational agencies, and to Indian tribes, institutions, and 
organizations--
            ``(1) to support planning, pilot, and demonstration 
        projects that are designed to test and demonstrate the 
        effectiveness of programs for improving employment and 
        educational opportunities for adult Indians;
            ``(2) to assist in the establishment and operation of 
        programs that are designed to stimulate--
                    ``(A) basic literacy opportunities for all 
                nonliterate Indian adults; and
                    ``(B) the provision of opportunities to all Indian 
                adults to qualify for a secondary school diploma, or 
                its recognized equivalent, in the shortest period of 
                time feasible;
            ``(3) to support a major research and development program 
        to develop more innovative and effective techniques for 
        achieving literacy and secondary school equivalency for 
        Indians;
            ``(4) to provide for basic surveys and evaluations to 
        define accurately the extent of the problems of illiteracy and 
        lack of secondary school completion among Indians; and
            ``(5) to encourage the dissemination of information and 
        materials relating to, and the evaluation of, the effectiveness 
        of education programs that may offer educational opportunities 
        to Indian adults.
    ``(b) Educational Services.--The Secretary may make grants to 
Indian tribes, institutions, and organizations to develop and establish 
educational services and programs specifically designed to improve 
educational opportunities for Indian adults.
    ``(c) Information and Evaluation.--The Secretary may make grants 
to, and enter into contracts with, public agencies and institutions and 
Indian tribes, institutions, and organizations, for--
            ``(1) the dissemination of information concerning 
        educational programs, services, and resources available to 
        Indian adults, including evaluations of the programs, services, 
        and resources; and
            ``(2) the evaluation of federally assisted programs in 
        which Indian adults may participate to determine the 
        effectiveness of the programs in achieving the purposes of the 
        programs with respect to Indian adults.
    ``(d) Applications.--
            ``(1) In general.--Each entity desiring a grant under this 
        section shall submit to the Secretary an application at such 
        time, in such manner, containing such information, and 
        consistent with such criteria, as the Secretary may prescribe 
        in regulations.
            ``(2) Contents.--Each application described in paragraph 
        (1) shall contain--
                    ``(A) a statement describing the activities to be 
                conducted, and the objectives to be achieved, under the 
                grant; and
                    ``(B) a description of the method to be used for 
                evaluating the effectiveness of the activities for 
                which assistance is sought and determining whether the 
                objectives of the grant are achieved.
            ``(3) Approval.--The Secretary shall not approve an 
        application described in paragraph (1) unless the Secretary 
        determines that such application, including any documentation 
        submitted with the application, indicates--
                    ``(A) there has been adequate participation, by the 
                individuals to be served and appropriate tribal 
                communities, in the planning and development of the 
                activities to be assisted; and
                    ``(B) the individuals and tribal communities 
                referred to in subparagraph (A) will participate in the 
                operation and evaluation of the activities to be 
                assisted.
            ``(4) Priority.--In approving applications under paragraph 
        (1), the Secretary shall give priority to applications from 
        Indian educational agencies, organizations, and institutions.

                 ``PART D--NATIONAL RESEARCH ACTIVITIES

``SEC. 6401. NATIONAL ACTIVITIES.

    ``(a) Authorized Activities.--The Secretary may use funds made 
available under section 6602(b) for each fiscal year to--
            ``(1) conduct research related to effective approaches for 
        the education of Indian children and adults;
            ``(2) evaluate federally assisted education programs from 
        which Indian children and adults may benefit;
            ``(3) collect and analyze data on the educational status 
        and needs of Indians; and
            ``(4) carry out other activities that are consistent with 
        the purpose of this title.
    ``(b) Eligibility.--The Secretary may carry out any of the 
activities described in subsection (a) directly or through grants to, 
or contracts or cooperative agreements with Indian tribes, Indian 
organizations, State educational agencies, local educational agencies, 
institutions of higher education, including Indian institutions of 
higher education, and other public and private agencies and 
institutions.
    ``(c) Coordination.--Research activities supported under this 
section--
            ``(1) shall be carried out in consultation with the 
        Assistant Secretary for Educational Research and Improvement to 
        ensure that such activities are coordinated with and enhance 
        the research and development activities supported by the Office 
        of Educational Research and Improvement; and
            ``(2) may include collaborative research activities that 
        are jointly funded and carried out by the Office of Indian 
        Education and the Office of Educational Research and 
        Improvement.

                    ``PART E--FEDERAL ADMINISTRATION

``SEC. 6501. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

    ``(a) Membership.--There is established a National Advisory Council 
on Indian Education (hereafter in this section referred to as the 
`Council'), which shall--
            ``(1) consist of 15 Indian members, who shall be appointed 
        by the President from lists of nominees furnished, from time to 
        time, by Indian tribes and organizations; and
            ``(2) represent different geographic areas of the United 
        States.
    ``(b) Duties.--The Council shall--
            ``(1) advise the Secretary concerning the funding and 
        administration (including the development of regulations and 
        administrative policies and practices) of any program, 
        including any program established under this title--
                    ``(A) with respect to which the Secretary has 
                jurisdiction; and
                    ``(B)(i) that includes Indian children or adults as 
                participants; or
                    ``(ii) that may benefit Indian children or adults;
            ``(2) make recommendations to the Secretary for filling the 
        position of Director of Indian Education whenever a vacancy 
        occurs; and
            ``(3) submit to the Congress, not later than June 30 of 
        each year, a report on the activities of the Council, 
        including--
                    ``(A) any recommendations that the Council 
                considers appropriate for the improvement of Federal 
                education programs that include Indian children or 
                adults as participants, or that may benefit Indian 
                children or adults; and
                    ``(B) recommendations concerning the funding of any 
                program described in subparagraph (A).

``SEC. 6502. PEER REVIEW.

    ``The Secretary may use a peer review process to review 
applications submitted to the Secretary under part B, C, or D.

``SEC. 6503. PREFERENCE FOR INDIAN APPLICANTS.

    ``In making grants under part B, C, or D, the Secretary shall give 
a preference to Indian tribes, organizations, and institutions of 
higher education under any program with respect to which Indian tribes, 
organizations, and institutions are eligible to apply for grants.

``SEC. 6504. MINIMUM GRANT CRITERIA.

    ``The Secretary may not approve an application for a grant under 
part B or C unless the application is for a grant that is--
            ``(1) of sufficient size, scope, and quality to achieve the 
        purpose or objectives of such grant; and
            ``(2) based on relevant research findings.

        ``PART F--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

``SEC. 6601. DEFINITIONS.

    ``As used in this title:
            ``(1) Adult.--The term `adult' means an individual who--
                    ``(A) has attained the age of 16 years; or
                    ``(B) has attained an age that is greater than the 
                age of compulsory school attendance under an applicable 
                State law.
            ``(2) Adult education.--The term `adult education' has the 
        meaning given such term in section 312(2) of the Adult 
        Education Act.
            ``(3) Free public education.--The term `free public 
        education' means education that is--
                    ``(A) provided at public expense, under public 
                supervision and direction, and without tuition charge; 
                and
                    ``(B) provided as elementary or secondary education 
                in the applicable State or to preschool children.
            ``(4) Indian.--The term `Indian' means an individual who 
        is--
                    ``(A) a member of an Indian tribe or band, as 
                membership is defined by the tribe or band, including--
                            ``(i) any tribe or band terminated since 
                        1940; and
                            ``(ii) any tribe or band recognized by the 
                        State in which the tribe or band resides;
                    ``(B) a descendant, in the first or second degree, 
                of an individual described in subparagraph (A);
                    ``(C) considered by the Secretary of the Interior 
                to be an Indian for any purpose;
                    ``(D) an Eskimo, Aleut, or other Alaska Native; or
                    ``(E) a member of an organized Indian group that 
                received a grant under this title prior to the date of 
                enactment of the Act entitled the `Improving America's 
                Schools Act of 1994'.

``SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.

    ``(a) Part A.--For the purpose of carrying out part A of this 
title, there are authorized to be appropriated to the Department of 
Education $61,300,000 for fiscal year 1995 and such sums as may be 
necessary for each of the 4 succeeding fiscal years.
    ``(b) Parts B Through D.--For the purpose of carrying out parts B, 
C, and D of this title, there are authorized to be appropriated to the 
Department of Education $31,925,000 for fiscal year 1995 and such sums 
as may be necessary for each of the 4 succeeding fiscal years.
    ``(c) Part E.--For the purpose of carrying out part E of this 
title, there are authorized to be appropriated to the Department of 
Education $3,775,000 for fiscal year 1995 and such sums as may be 
necessary for each of the 4 succeeding fiscal years.

``SEC. 6603. CROSS REFERENCES.

    ``The Tribally Controlled Schools Act of 1988 is amended--
            ``(1) in subparagraph (C) of section 5204(a)(3) (20 U.S.C. 
        2503(a)(3)(C)), by striking ``chapter 1 of''; and
            ``(2) in section 5205 (20 U.S.C. 2504)--
                    ``(A) in subsection (a)(3), by striking ``chapter 1 
                of''; and
                    ``(B) in subsection (b)--
                            ``(i) in paragraph (2), by striking 
                        ``chapter 1 of''; and
                            ``(ii) in paragraph (3)(A), by striking 
                        ``chapter 1 of''.

       ``TITLE VII--LANGUAGE ENHANCEMENT AND ACQUISITION PROGRAMS

                 ``PART A--BILINGUAL EDUCATION PROGRAMS

``SEC. 7101. SHORT TITLE.

    ``This part may be cited as the `Bilingual Education Act'.

``SEC. 7102. FINDINGS.

    ``The Congress finds that--
            ``(1) there are large and growing numbers of children and 
        youth of limited-English proficiency, many of whom have a 
        cultural heritage that differs from that of their English 
        proficient peers;
            ``(2) limited-English proficient children and youth face a 
        number of challenges in receiving an education that will enable 
        such children and youth to participate fully in American 
        society, including--
                    ``(A) segregated education programs;
                    ``(B) disproportionate and improper placement in 
                special education and other special programs due to the 
                use of inappropriate evaluation procedures;
                    ``(C) the limited-English proficiency of their own 
                parents, which hinders the parents' ability to fully 
                participate in the education of their children; and
                    ``(D) a shortage of teachers and other staff who 
                are professionally trained and qualified to serve such 
                children and youth;
            ``(3) the Federal Government, as exemplified by title VI of 
        the Civil Rights Act of 1964 and section 204(f) of the Equal 
        Education Opportunities Act of 1974, has a special and 
        continuing obligation to ensure that States and local school 
        districts take appropriate action to provide equal educational 
        opportunities to children and youth of limited-English 
        proficiency;
            ``(4) the Federal Government also, as exemplified by the 
        Federal Government's efforts under this title, has a special 
        and continuing obligation to assist States and local school 
        districts in developing the capacity to provide programs of 
        instruction that offer limited-English proficient children and 
        youth an equal educational opportunity;
            ``(5) in carrying out the Federal Government's 
        responsibilities with respect to ensuring equal educational 
        opportunity for children and youth of limited-English 
        proficiency, the Federal Government has learned that--
                    ``(A) large numbers of such children and youth have 
                needs that must be met by a program of instruction 
                designed specifically for such children and youth;
                    ``(B) a primary purpose of such programs must be 
                developing the English language skills of such children 
                and youth;
                    ``(C) the use of a child or youth's native language 
                and culture in classroom instruction can--
                            ``(i) promote self-esteem and contribute to 
                        academic achievement and learning English by 
                        limited-English proficient children and youth;
                            ``(ii) benefit English proficient children 
                        and youth who also participate in such 
                        programs; and
                            ``(iii) develop our Nation's national 
                        language resources, thus promoting our Nation's 
                        competitiveness in the global economy;
                    ``(D) parent and community participation in 
                bilingual education programs contributes to program 
                effectiveness; and
                    ``(E) research, evaluation, and data-collection 
                capabilities in the field of bilingual education need 
                to be strengthened so that educators and other staff 
                can better identify and promote those programs, program 
                implementation strategies, and instructional practices 
                that result in effective education; and
            ``(6) Native Americans and Native American languages (as 
        such terms are defined in section 103 of the Native American 
        Languages Act) have a unique status under Federal law that 
        requires special policies within the broad purposes of this Act 
        to serve the education needs of language minority students in 
        the United States.

``SEC. 7103. POLICY; AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Policy.--The Congress declares it to be the policy of the 
United States, in order to ensure equal educational opportunity for all 
children and youth and to promote educational excellence, to assist 
State and local educational agencies and consortia of local educational 
agencies, institutions of higher education and community based 
organizations to build their capacity to establish, implement, and 
sustain programs of instruction for children and youth of limited-
English proficiency that--
            ``(1) develop the English of such children and youth and, 
        to the extent possible, the native language skills of such 
        children and youth;
            ``(2) educate such children and youth to meet the same 
        rigorous standards for academic performance expected of all 
        children and youth, including meeting challenging State content 
        standards and challenging State student performance standards 
        in academic areas;
            ``(3) develop bilingual skills and multicultural 
        understanding; and
            ``(4) provide similar assistance to Native Americans with 
        certain modifications relative to the unique status of Native 
        American languages under Federal law.
    ``(b) Authorization of Appropriations.--For the purpose of carrying 
out this part, there are authorized to be appropriated $215,000,000 for 
fiscal year 1995 and such sums as may be necessary for each of the 4 
succeeding fiscal years.

``SEC. 7104. DEFINITIONS.

    ``For the purpose of this title:
            ``(1) Bilingual education program.--(A) The term `bilingual 
        education program'--
                    ``(i) means a program of instruction designed 
                specifically for children and youth of limited-English 
                proficiency at any grade level, including the 
                preschool, elementary, or secondary school levels, that 
                is intended--
                            ``(I) to help such children and youth 
                        develop proficiency in English and, to the 
                        extent possible, the native language of such 
                        children and youth; and
                            ``(II) to achieve to high academic 
                        standards in all courses of study; and
                    ``(ii) may include activities to assist the parents 
                of such children and youth enrolled in bilingual 
                education programs to participate in the education of 
                their children.
            ``(B)(i) A bilingual education program may be conducted in 
        English, the native language, or both languages, except that 
        all bilingual education programs shall develop proficiency in 
        the English language. The native language may be used in the 
        instructional program to facilitate the acquisition of English, 
        to develop overall linguistic competence, and to develop 
        competence in the academic curriculum.
            ``(ii) A bilingual education program shall, to the extent 
        possible, incorporate the cultural heritage of the children or 
        youth of limited-English proficiency served by the program, as 
        well as the cultural heritage of other children in American 
        society.
            ``(C) Children and youth proficient in English may 
        participate in a bilingual education program to enable all 
        children and youth participating in a bilingual education 
        program to become proficient in English and a second language.
            ``(2) Children and youth.--The term `children and youth' 
        means individuals aged three through 21.
            ``(3) Director.--The term `Director' means the Director of 
        the Office of Bilingual Education and Minority Languages 
        Affairs established under section 210 of the Department of 
        Education Organization Act.
            ``(4) Jurisdiction where a native american language has 
        official status.--The term `jurisdiction where a Native 
        American language has official status' refers to States, 
        territories, commonwealths, cities, counties, reservations, 
        Alaska Native villages, school districts, and other 
        jurisdictions similar to those described in this paragraph that 
        have legally recognized a Native American language for 
        conducting an aspect of their official business.
            ``(5) Limited-english proficiency and limited-english 
        proficient.--The terms `limited-English proficiency' and 
        `limited-English proficient', when used with reference to an 
        individual, mean an individual--
                    ``(A) who--
                            ``(i) was not born in the United States or 
                        whose native language is a language other than 
                        English and comes from an environment where a 
                        language other than English is dominant; or
                            ``(ii) is a Native American or Alaska 
                        Native and comes from an environment where a 
                        language other than English has had a 
                        significant impact on such individual's level 
                        of English language proficiency; or
                            ``(iii) is migratory and whose native 
                        language is other than English and comes from 
                        an environment where a language other than 
                        English is dominant; and
                    ``(B) who, by reason thereof, has sufficient 
                difficulty speaking, reading, writing, or understanding 
                the English language to deny such individual the 
                opportunity to learn successfully in classrooms where 
                the language of instruction is English or to 
                participate fully in our society.
            ``(6) Native american and native american language.--The 
        terms `Native American' and `Native American language' shall 
        have the same meaning given such terms in section 103 of the 
        Native American Languages Act of 1990.
            ``(7) Native hawaiian or native american pacific islander 
        native language educational organization.--The term `Native 
        Hawaiian or Native American Pacific Islander native language 
        educational organization' means a nonprofit organization with a 
        majority of its governing board and employees consisting of 
        fluent speakers of the traditional Native American languages 
        used in their educational programs and with at least five years 
        successful experience in providing educational services in 
        traditional Native American languages.
            ``(8) Native language.--The term `native language', when 
        used with reference to an individual of limited-English 
        proficiency, means the language normally used by such 
        individual, or in the case of a child or youth, the language 
        normally used by the parents of the child or youth.
            ``(9) Other programs for persons of limited-english 
        proficiency.--The term `other programs for persons of limited-
        English proficiency' means any programs administered by the 
        Secretary that directly involve bilingual education activities 
        serving persons of limited-English proficiency.

``SEC. 7105. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.

    ``(a) Eligible Entities.--For the purpose of carrying out programs 
under this part for individuals served by elementary and secondary 
schools operated predominately for Native American or Alaska Native 
children and youth, an Indian tribe, a tribally sanctioned educational 
authority, a Native Hawaiian or Native American Pacific Islander native 
language education organization, or an elementary or secondary school 
that is operated or funded by the Bureau of Indian Affairs shall be 
considered to be a local educational agency as such term is used in 
this part, subject to the following qualifications:
            ``(1) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), that is recognized for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
            ``(2) Tribally sanctioned educational authority.--The term 
        `tribally sanctioned educational authority' means--
                    ``(A) any department or division of education 
                operating within the administrative structure of the 
                duly constituted governing body of an Indian tribe; and
                    ``(B) any nonprofit institution or organization 
                that is--
                            ``(i) chartered by the governing body of an 
                        Indian tribe to operate any such school or 
                        otherwise to oversee the delivery of 
                        educational services to members of that tribe; 
                        and
                            ``(ii) approved by the Secretary for the 
                        purpose of this section.
    ``(b) Eligible Entity Application.--Notwithstanding any other 
provision of this part, each eligible entity described in subsection 
(a) shall submit any application for assistance under this part 
directly to the Secretary along with timely comments on the need for 
the proposed program.

       ``Subpart 1--Financial Assistance for Bilingual Education

``SEC. 7111. FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION.

    ``(a) Purpose.--The purpose of this subpart is to assist local 
educational agencies, through the grants authorized by subsections (b), 
(c), and (d), to--
            ``(1) develop and enhance their capacity to provide high-
        quality instruction to children and youth of limited-English 
        proficiency; and
            ``(2) to help such children and youth--
                    ``(A) develop proficiency in English, and to the 
                extent possible, their native language; and
                    ``(B) meet the same challenging State content 
                standards and challenging State student performance 
                standards expected for all children and youth as 
                required by section 1111(b).
    ``(b) Development and Enhancement Grants.--
            ``(1) In general.--The Secretary is authorized to make 
        grants to local educational agencies, or community based 
        organizations in consortia with one or more local educational 
        agencies and an institution of higher education, to--
                    ``(A) develop new bilingual education programs;
                    ``(B) enhance or expand existing bilingual 
                education programs to meet new conditions, such as the 
                need to serve additional language groups or different 
                age or grade levels; and
                    ``(C) meet the short-term needs of local 
                educational agencies without bilingual education 
                programs to serve children and youth of limited-English 
                proficiency.
            ``(2) Duration.--Grants awarded under this subsection shall 
        be for a period of not more than 2 years, except that grants to 
        carry out paragraph (1)(A) shall be awarded for a period of not 
        more than 3 years.
    ``(c) Comprehensive School Grants.--
            ``(1) In general.--The Secretary is authorized to make 
        grants to local educational agencies for the purpose of 
        implementing schoolwide bilingual education programs that serve 
        all (or virtually all) children and youth of limited-English 
        proficiency in schools with significant concentrations of such 
        children and youth.
            ``(2) Duration.--Grants awarded under this subsection shall 
        be for a period of not more than 5 years, except that the 
        Secretary shall terminate grants to local educational agencies 
        if the Secretary determines that--
                    ``(A) the program evaluation required by section 
                7126 indicates that students in the schoolwide program 
                are not being taught to and achieving challenging State 
                content standards and challenging State student 
                performance standards; or
                    ``(B) in the case of a program to promote dual 
                language facility, such program is not promoting such 
                facility.
    ``(d) Comprehensive District Grants.--
            ``(1) In general.--The Secretary is authorized to make 
        grants to local educational agencies for the purpose of 
        implementing district-wide bilingual education programs that 
        serve a significant number of children and youth of limited-
        English proficiency in districts with significant 
        concentrations of such children and youth.
            ``(2) Duration.--Grants awarded under this subsection shall 
        be for a period of not more than 5 years, except that the 
        Secretary shall terminate grants to local educational agencies 
        where the Secretary determines that--
                    ``(A) the program evaluation required by section 
                7126 indicates that students in the program are not 
                being taught to and achieving challenging State content 
                standards and challenging State student performance 
                standards; or
                    ``(B) in the case of a program to promote dual 
                language facility, such program is not promoting such 
                facility.
    ``(e) Use of Funds.--
            ``(1) In general.--Recipients of grant funds under 
        subsections (b), (c), and (d) may use such funds for--
                    ``(A) identification and acquisition of curricular 
                materials, educational software, and technologies to 
                advance the education of children and youth of limited-
                English proficiency;
                    ``(B) parent outreach and training activities 
                designed to assist parents to become active 
                participants in the education of their children;
                    ``(C) salaries of personnel, including teacher 
                aides who have been specifically trained, or are being 
                trained, to provide services to children and youth of 
                limited-English proficiency;
                    ``(D) tutorials and academic or career counseling 
                for children and youth of limited-English proficiency; 
                and
                    ``(E) such other activities, related to the 
                purposes of this part, as the Secretary may approve.
            ``(2) Additional activities.--Recipients of funds under 
        subsections (c) and (d) may--
                    ``(A) use such funds for preservice and inservice 
                professional development of staff participating, or 
                preparing to participate, in the program, including 
                staff who will not directly participate in the 
                bilingual instructional program (which in the case of 
                teachers who are participating in the program may 
                include release time with pay), if such activities are 
                directly related to serving children and youth of 
                limited-English proficiency and will help accomplish 
                the purposes of this subpart; and
                    ``(B) during the first 12 months of such a grant, 
                engage exclusively in activities preparatory to the 
                delivery of services, which may include program design, 
                the development of materials and procedures, and 
                activities to involve parents in the educational 
                program and to enable parents and family members to 
                assist in the education of children and youth of 
                limited-English proficiency.
    ``(f) Geographic Distribution of Funds.--To the extent possible, 
the Secretary shall award grants under this section throughout the 
Nation in a manner that--
            ``(1) reflects the geographic distribution of children and 
        youth of limited-English proficiency throughout the Nation;
            ``(2) takes into account significant increases in limited-
        English proficient children and youth in areas with low 
        concentrations of such children and youth; and
            ``(3) ensures that activities assisted under this part 
        address the full needs of school systems of all sizes and 
        geographic areas, including rural schools.
    ``(g) Construction.--Nothing in this subpart shall be construed to 
prohibit a local educational agency from serving limited-English 
proficient children and youth simultaneously with students with similar 
educational needs, in the same educational settings where appropriate.
    ``(h) Applications.--
            ``(1) In general.--Any local educational agency or 
        community based organization that desires a grant under this 
        section shall submit, through its State educational agency, an 
        application to the Secretary, in such form, at such time, and 
        containing such information and assurances as the Secretary may 
        require.
            ``(2) Contents.--Each such application shall--
                    ``(A) describe--
                            ``(i) the need for the proposed program, 
                        including data on the number of the children 
                        and youth of limited-English proficiency in the 
                        school or district to be served and the 
                        characteristics of such children and youth, 
                        such as language spoken, dropout rates, 
                        proficiency in English and the native language, 
                        academic standing in relation to English 
                        proficient peers, and, where applicable, the 
                        recency of immigration; and
                            ``(ii) the program to be implemented and 
                        how such program's design--
                                    ``(I) relates to the linguistic and 
                                academic needs of the children and 
                                youth of limited-English proficiency to 
                                be served; and
                                    ``(II) is consistent with, and 
                                promotes the goals in, the local 
                                educational agency's improvement plan 
                                under section 1112, particularly as 
                                such plan relates to the education of 
                                children and youth of limited-English 
                                proficiency;
                    ``(B) provide an assurance that the applicant will 
                not reduce the level of State and local funds that the 
                applicant expends for bilingual education programs if 
                the applicant receives an award under this subpart; and
                    ``(C) provide an assurance that the applicant will 
                employ teachers in the proposed program that, 
                individually or in combination, are proficient in 
                English, including written, as well as oral, 
                communication skills.
            ``(3) Additional information.--Each application for a grant 
        under subsection (c) or (d) shall--
                    ``(A) describe--
                            ``(i) current services the applicant 
                        provides to children and youth of limited-
                        English proficiency;
                            ``(ii) what services children and youth of 
                        limited-English proficiency will receive under 
                        the grant that such children or youth will not 
                        otherwise receive;
                            ``(iii) how funds received under this 
                        subpart will be integrated with all other 
                        Federal, State, local, and private resources 
                        that may be used to serve children and youth of 
                        limited-English proficiency; and
                            ``(iv) specific achievement and school 
                        retention goals for the children and youth to 
                        be served by the proposed program and how 
                        progress toward achieving such goals will be 
                        measured; and
                    ``(B) provide assurances that--
                            ``(i) the program funded will be integrated 
                        with the overall educational program; and
                            ``(ii) the application has been developed 
                        in consultation with an advisory council, the 
                        majority of whose members are parents and other 
                        representatives of the children and youth to be 
                        served in such programs.
    ``(i) Limitation on Funding.--
            ``(1) Development and enhancement grants.--Not more than 25 
        percent of the total amount of funds that the Secretary awards 
        under subsection (b) for any fiscal year shall be used to 
        provide funding to bilingual education programs that do not use 
        the native language.
            ``(2) Comprehensive school grants.--Not more than 25 
        percent of the total amount of funds that the Secretary awards 
        under subsection (c) for any fiscal year shall be used to 
        provide funding to bilingual education programs that do not use 
        the native language.
            ``(3) Special rule.--Notwithstanding paragraphs (1) and 
        (2), the Secretary is authorized to award grants for bilingual 
        education programs that are not conducted in the native 
        language if an applicant has demonstrated that the applicant 
        cannot develop and implement a bilingual education program that 
        is conducted in the native language because--
                    ``(A) the diversity of limited-English proficient 
                students' native languages and the small number of 
                students speaking each respective language make 
                instruction in the native language impractical; or
                    ``(B) despite documented efforts, the applicant has 
                not been able to hire qualified instructional personnel 
                who are able to communicate in the students' native 
                language.
    ``(j) State Review of Applications Under Part A.--In order for an 
eligible applicant to apply for funds under this subpart, such 
applicant shall submit the application to the State educational agency 
for review. The State educational agency shall transmit such 
application to the Secretary along with such agency's timely comments 
on the need within the State for the proposed program and whether the 
proposed program is consistent with the State plan under section 1111.
    ``(k) Capacity Building.--
            ``(1) In general.--Each recipient of a grant under this 
        section shall use the grant funds in ways that will build such 
        recipient's capacity to continue to offer high quality 
        bilingual education programs and services to children and youth 
        of limited-English proficiency once Federal assistance is 
        reduced or eliminated.
            ``(2) Special rule.--In making awards under this subpart 
        for any fiscal year, the Secretary shall, consistent with the 
        quality of applications and the funds available under this 
        part, increase the amount of funds used to support grants under 
        subsections (c) and (d) over the amount used to support grants 
        under subsections (c) and (d) in the previous fiscal year.
    ``(l) Consortia.--A local educational agency that receives a grant 
under this subpart may collaborate or form a consortium with one or 
more local education agencies, institutions of higher education, and 
nonprofit organizations to carry out a program described in an 
application approved under this subpart.
    ``(m) Subgrants.--A local educational agency that receives a grant 
under this subpart may, with the approval of the Secretary, make a 
subgrant to, or enter into a contract with, an institution of higher 
education, a nonprofit organization, or a consortium of such entities 
to carry out a program described in an application approved under this 
subpart, including a program to serve out-of-school youth.
    ``(n) Parental Notification.--
            ``(1) In general.--Parents of a child or youth of limited-
        English proficiency identified for enrollment in bilingual 
        education programs shall be informed of the--
                    ``(A) benefits, nature, and past academic results 
                of the bilingual educational program and of the 
                instructional alternatives; and
                    ``(B) reasons for the selection of their child as 
                being in need of bilingual education.
            ``(2) Option to decline.--(A) Parents of a child or youth 
        of limited-English proficiency identified for enrollment in 
        bilingual education programs shall be informed that such 
        parents have the option of declining enrollment of their 
        children in such programs and shall be given an opportunity to 
        do so if such parents so choose.
            ``(B) Nothing in this section shall be construed to relieve 
        a local educational agency, community based organization or 
        consortium receiving assistance under this part of any of their 
        obligations under title VI of the Civil Rights Act of 1964 
        because parents choose not to enroll their children in 
        bilingual education programs.
            ``(3) Information.--Parents of a child or youth of limited-
        English proficiency identified for enrollment in bilingual 
        education programs shall receive, in a manner and form 
        understandable to such parents, including, if necessary and to 
        the extent feasible, in the native language of such parents, 
        the information required by this subsection. At a minimum, such 
        parents shall receive--
                    ``(A) timely information about projects funded 
                under this subpart; and
                    ``(B) if the parents of participating children so 
                desire, notice of opportunities for regular meetings 
                for the purpose of formulating and responding to 
                recommendations from such parents.
    ``(o) Programs for Native Americans and Puerto Rico.--Programs 
authorized under this title that serve Native American children, and 
children in the Commonwealth of Puerto Rico, notwithstanding any other 
provision of this title, may include programs of instruction, teacher 
training, curriculum development, evaluation, and testing designed for 
Native American children and youth learning and studying Native 
American languages and children and youth of limited-Spanish 
proficiency, except that one outcome of such programs serving Native 
American children shall be increased English proficiency among such 
children.

                  ``Subpart 2--Research and Evaluation

``SEC. 7121. AUTHORITY.

    ``The Secretary is authorized to conduct data collection, 
dissemination, research, and evaluation activities for the purpose of 
improving bilingual education programs for children and youth of 
limited-English proficiency.

``SEC. 7122. RESEARCH.

    ``(a) Awards.--The Secretary may award grants and enter into 
contracts and cooperative agreements for research and evaluation 
activities related to improving and maintaining high quality bilingual 
educational programs for persons of limited-English proficiency.
    ``(b) Consultation.--The Secretary shall consult with agencies and 
organizations that are engaged in bilingual education research and 
practice, or related research, and bilingual education researchers and 
practitioners to identify areas of study and activities to be funded 
under this section.
    ``(c) Research and Dissemination.--The Secretary, through the 
Office of Educational Research and Improvement, if appropriate, shall--
            ``(1) conduct research on effective instruction practices 
        for multilingual classes, and on effective instruction 
        strategies to be used by teachers and other staff who do not 
        know the native language of a limited-English proficient child 
        in their classrooms; and
            ``(2) disseminate the findings of such research.

``SEC. 7123. ACADEMIC EXCELLENCE AWARDS.

    ``(a) Awards.--The Secretary may award grants to, and enter into 
contracts and cooperative agreements with, State and local educational 
agencies, nonprofit organizations, and institutions of higher education 
to promote the adoption and implementation of bilingual education 
programs that demonstrate great promise of assisting children and youth 
of limited-English proficiency to meet challenging State content 
standards and challenging State student performance standards.
    ``(b) Applications.--
            ``(1) In general.--Each entity desiring an award under this 
        section shall submit an application to the Secretary in such 
        form, at such time, and containing such information and 
        assurances as the Secretary may require.
            ``(2) Peer review.--The Secretary shall use a peer review 
        process, using effectiveness criteria that the Secretary shall 
        establish, to review applications under this section.
    ``(c) Use of Funds.--Funds under this section shall be used to 
enhance the capacity of States and local education agencies to provide 
high quality academic programs for children and youth of limited-
English proficiency, which may include--
            ``(1) completing the development of such programs;
            ``(2) professional development of staff participating in 
        bilingual education programs;
            ``(3) sharing strategies and materials; and
            ``(4) supporting professional networks.
    ``(d) Coordination.--Recipients of funds under this section shall 
coordinate the activities assisted under this section with activities 
carried out by comprehensive regional centers assisted under subpart 1 
of part C of title II.

``SEC. 7124. STATE GRANT PROGRAM.

    ``(a) State Grant Program.--The Secretary is authorized to make an 
award to a State educational agency that demonstrates, to the 
satisfaction of the Secretary, that such agency effectively provides 
for the education of children and youth of limited-English proficiency 
within the State.
    ``(b) Payments.--The amount paid to a State educational agency 
under subsection (a) shall not exceed 5 percent of the total amount 
awarded to local educational agencies within the State under subpart 1 
for the previous fiscal year, except that in no case shall the amount 
paid by the Secretary to any State educational agency under this 
subsection for any fiscal year be less than $100,000.
    ``(c) Use of Funds.--
            ``(1) In general.--A State educational agency may use funds 
        for programs authorized by this section to--
                    ``(A) assist local educational agencies in the 
                State with program design, capacity building, 
                assessment of student performance, and program 
                evaluation;
                    ``(B) operate a bilingual education advisory panel 
                under subsection (d); and
                    ``(C) collect data concerning children and youth of 
                limited-English proficiency.
            ``(2) Special rule.--Recipients of awards under this 
        section shall not restrict the provision of services under this 
        section to federally funded programs.
    ``(d) State Bilingual Education Advisory Panel.--Each State 
educational agency that receives funds under this section shall appoint 
a broad-based bilingual education advisory panel, with substantial 
representation from persons knowledgeable about the education of 
limited-English proficient students, to develop and recommend to the 
State educational agency guidelines for reviewing, and providing the 
Secretary with comments regarding, applications for funds under 
subparts 1 and 3 that come from within the State.
    ``(e) Applications.--A State educational agency desiring to receive 
an award under this section shall submit an application to the 
Secretary in such form, at such time, containing such information and 
assurances as the Secretary may require.

``SEC. 7125. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.

    ``(a) Establishment.--The Secretary shall establish and support the 
operation of a National Clearinghouse for Bilingual Education, which 
shall collect, analyze, synthesize, and disseminate information about 
bilingual education and related programs.
    ``(b) Functions.--The National Clearinghouse for Bilingual 
Education shall--
            ``(1) coordinate its activities with Federal data and 
        information clearinghouses and dissemination networks and 
        systems;
            ``(2) develop a data base management and monitoring system 
        for improving the operation and effectiveness of programs 
        assisted under this part; and
            ``(3) develop, maintain, and disseminate, through 
        comprehensive regional centers described in section 2303(a) if 
        appropriate, a listing by geographical area of education 
        professionals, parents, teachers, administrators, community 
        members and others who are native speakers of languages other 
        than English for use as a resource by local educational 
        agencies and schools in the development and implementation of 
        bilingual education programs.

``SEC. 7126. EVALUATIONS.

    ``(a) Program Evaluations Under Subpart 1.--
            ``(1) In general.--Each recipient of funds under subpart 1 
        shall provide the Secretary with an evaluation, in the form 
        prescribed by the Secretary, of the program assisted under such 
        subpart every 2 years.
            ``(2) Use.--Such evaluation shall be used by a recipient of 
        funds under subpart 1--
                    ``(A) to improve such program;
                    ``(B) to further define such program's goals and 
                objectives; and
                    ``(C) to determine program effectiveness.
            ``(3) Contents.--Such evaluation shall include--
                    ``(A) student outcome indicators that measure 
                progress toward the challenging State student 
                performance standards set out in the State plan 
                approved or being developed under section 1111, 
                including data comparing children and youth of limited-
                English proficiency with nonlimited-English proficient 
                children and youth with regard to school retention, 
                academic achievement, and gains in English (and, where 
                applicable, native language) proficiency;
                    ``(B) program implementation indicators that 
                provide information for informing and improving program 
                management and effectiveness, including data on 
                appropriateness of curriculum in relationship to grade 
                and course requirements, appropriateness of program 
                management, appropriateness of the professional 
                development of the program staff, and appropriateness 
                of the language of instruction;
                    ``(C) program context indicators that describe the 
                relationship of the activities funded under the grant 
                to the overall school program and other Federal, State, 
                or local programs serving children and youth of 
                limited-English proficiency; and
                    ``(D) such other information as the Secretary may 
                require.
    ``(b) Program Evaluations Under Subpart 3.--
            ``(1) In general.--Each recipient of funds under subpart 3 
        shall provide the Secretary with an evaluation of the program 
        assisted under such subpart every 2 years.
            ``(2) Data.--Such evaluation shall include data on--
                    ``(A) post-program placement of persons trained;
                    ``(B) how the training relates to the employment of 
                persons served by the program;
                    ``(C) program completion; and
                    ``(D) such other information as the Secretary may 
                require.

                 ``Subpart 3--Professional Development

``SEC. 7131. PURPOSE.

    ``The purpose of this subpart is to improve the quality of 
instruction for children and youth of limited-English proficiency--
            ``(1) through professional development programs designed--
                    ``(A) for persons preparing to provide services for 
                children and youth of limited-English proficiency;
                    ``(B) to improve the skills of persons providing 
                services to children and youth of limited-English 
                proficiency; and
                    ``(C) for other staff in schools serving children 
                and youth of limited-English proficiency; and
            ``(2) by disseminating information on appropriate 
        instructional practices and activities for children and youth 
        of limited-English proficiency to other school personnel, 
        including teachers not serving such children and youth.

``SEC. 7132. PROFESSIONAL DEVELOPMENT GRANTS.

    ``(a) Grants to Institutions of Higher Education.--The Secretary is 
authorized to make grants to institutions of higher education for--
            ``(1) preservice and inservice professional development for 
        individuals who are either involved in, or preparing to be 
        involved in, the provision of educational services for children 
        and youth of limited-English proficiency, which in the case of 
        teachers who are involved in the provision of such services may 
        include release time with pay; and
            ``(2) national professional development institutes that 
        assist schools or departments of education in institutions of 
        higher education to improve the quality of professional 
        development programs for personnel serving, preparing to serve, 
        or who may serve, children and youth of limited-English 
        proficiency.
    ``(b) Grants to State and Local Educational Agencies.--The 
Secretary may make grants to State and local educational agencies for 
inservice professional development programs that prepare school 
personnel to provide effective services to limited-English proficient 
students.
    ``(c) Use of Funds for Second Language Competence.--Awards under 
this section may be used to develop a program participant's competence 
in a second language.
    ``(d) Applications.--
            ``(1) In general.--An institution of higher education, or a 
        State or local educational agency desiring to receive an award 
        under this section shall submit, through its State educational 
        agency, an application to the Secretary, in such form, at such 
        time, and containing such information and assurances as the 
        Secretary may require.
            ``(2) Consultation and assessment.--Each such application 
        shall contain a description of how the applicant has consulted 
        with, and assessed the needs of, public and private schools 
        serving children and youth of limited-English proficiency to 
        determine such school's need for, and the design of, the 
        program for which funds are sought.
            ``(3) Special rule.--(A) An application for a grant under 
        subsection (a) from an applicant who proposes to conduct a 
        masters or doctoral-level program with funds received under 
        this section shall provide an assurance that such program will 
        include, as a part of the program, a training practicum in a 
        local school program serving children and youth of limited-
        English proficiency.
            ``(B) A recipient of a grant under subsection (a) may waive 
        the requirement of a training practicum for a degree candidate 
        with significant experience in a local school program serving 
        children and youth of limited-English proficiency.
            ``(4) Review.--In order for an institution of higher 
        education or a local educational agency to apply for funds 
        under this section, the State educational agency serving such 
        institution shall review the application and provide the 
        Secretary with timely comments on the need within the State for 
        the proposed program and whether the proposed program is 
        consistent with the State plan under section 1111 and section 
        2125(b)(1).

``SEC. 7133. FELLOWSHIPS.

    ``(a) Academic Fellowships.--The Secretary may award fellowships 
for masters, doctoral, and post-doctoral study related to instruction 
of children and youth of limited-English proficiency in such areas as 
teacher training, program administration, research and evaluation, and 
curriculum development, and for the support of dissertation research 
related to such study.
    ``(b) Repayment.--
            ``(1) In general.--Any person receiving a fellowship under 
        this section shall agree to--
                    ``(A) work in an activity related to the area for 
                which the assistance was awarded or in an activity such 
                as those authorized under this part for a period of 
                time equivalent to the period of time during which such 
                person receives assistance under this section; or
                    ``(B) repay such assistance.
            ``(2) Terms and conditions.--The Secretary shall establish 
        in regulations such terms and conditions for such agreement as 
        the Secretary deems reasonable and necessary and may waive the 
        requirement of paragraph (1) in extraordinary circumstances.

``SEC. 7134. STIPENDS.

    ``The Secretary shall provide for the payment of such stipends 
(including allowances for subsistence and other expenses for such 
persons and their dependents), as the Secretary determines to be 
appropriate, to persons participating in training programs under this 
subpart.

             ``PART B--FOREIGN LANGUAGE ASSISTANCE PROGRAM

``SEC. 7201. SHORT TITLE.

    ``This part may be cited as the `Foreign Language Assistance Act of 
1994'.

``SEC. 7202. FINDINGS.

    ``The Congress finds as follows:
            ``(1) Foreign language proficiency is crucial to our 
        Nation's economic competitiveness and national security. 
        Significant improvement in the quantity and quality of foreign 
        language instruction offered in our Nation's elementary and 
        secondary schools is necessary.
            ``(2) All Americans need a global perspective. To 
        understand the world around us, we must acquaint ourselves with 
        the languages, cultures, and history of other nations.
            ``(3) Proficiency in two or more languages should be 
        promoted for all American students. Multilingualism enhances 
        cognitive and social growth, competitiveness in the global 
        marketplace, national security, and understanding of diverse 
        people and cultures.
            ``(4) The United States lags behind other developed 
        countries in offering foreign language study to elementary and 
        secondary school students.
            ``(5) Four out of five new jobs in the United States are 
        created from foreign trade.
            ``(6) The optimum time to begin learning a second language 
        is in elementary school, when children have the ability to 
        learn and excel in several foreign language acquisition skills, 
        including pronunciation, and when children are most open to 
        appreciating and valuing a culture other than their own.
            ``(7) Foreign language study can increase children's 
        capacity for critical and creative thinking skills and children 
        who study a second language show greater cognitive development 
        in areas such as mental flexibility, creativity, tolerance, and 
        higher order thinking skills.
            ``(8) Children who have studied a foreign language in 
        elementary school achieve expected gains and score higher on 
        standardized tests of reading, language arts, and mathematics 
        than children who have not studied a foreign language.

``SEC. 7203. PROGRAM AUTHORIZED.

    ``(a) Program Authority.--
            ``(1) In general.--The Secretary shall make grants, on a 
        competitive basis, to State educational agencies or local 
        educational agencies to pay the Federal share of the cost of 
        innovative model programs providing for the establishment, 
        improvement or expansion of foreign language study for 
        elementary and secondary school students.
            ``(2) Duration.--Each grant under paragraph (1) shall be 
        awarded for a period of 3 years.
    ``(b) Requirements.--
            ``(1) Grants to state educational agencies.--In awarding a 
        grant under subsection (a) to a State educational agency, the 
        Secretary shall support programs that promote systemic 
        approaches to improving foreign language learning in the State.
            ``(2) Grants to local educational agencies.--In awarding a 
        grant under subsection (a) to a local educational agency, the 
        Secretary shall support programs that--
                    ``(A) show the promise of being continued beyond 
                the grant period;
                    ``(B) demonstrate approaches that can be 
                disseminated and duplicated in other local educational 
                agencies; and
                    ``(C) may include a professional development 
                component.
    ``(c) Federal Share.--
            ``(1) In general.--The Federal share for each fiscal year 
        shall be 50 percent.
            ``(2) Waiver.--The Secretary may waive the requirement of 
        paragraph (1) for any local educational agency which the 
        Secretary determines does not have adequate resources to pay 
        the non-Federal share of the cost of the activities assisted 
        under this part.
            ``(3) Special rule.--Not less than three-fourths of the 
        funds appropriated under section 7206 shall be used for the 
        expansion of foreign language learning in the elementary 
        grades.
            ``(4) Reservation.--The Secretary may reserve not more than 
        5 percent of funds appropriated under section 7206 to evaluate 
        the efficacy of programs under this part.

``SEC. 7204. APPLICATIONS.

    ``(a) In General.--Any State educational agency or local 
educational agency desiring a grant under this part shall submit an 
application to the Secretary at such time, in such form, and containing 
such information and assurances as the Secretary may require.
    ``(b) Special Consideration.--The Secretary shall give special 
consideration to applications describing programs that--
            ``(1) include intensive summer foreign language programs 
        for professional development;
            ``(2) link non-native English speakers in the community 
        with the schools in order to promote two-way language learning; 
        or
            ``(3) promote the sequential study of a foreign language 
        for students, beginning in elementary schools.

``SEC. 7205. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE PROGRAM.

    ``(a) Incentive Payments.--From amounts appropriated under section 
7206 the Secretary shall make an incentive payment for each fiscal year 
to each public elementary school that provides to students attending 
such school a program designed to lead to communicative competency in a 
foreign language.
    ``(b) Amount.--The Secretary shall determine the amount of the 
incentive payment under subsection (a) for each public elementary 
school for each fiscal year on the basis of the number of students 
participating in a program described in such subsection at such school 
for such year compared to the total number of such students at all such 
schools in the United States for such year.
    ``(c) Requirement.--The Secretary shall consider a program to be 
designed to lead to communicative competency in a foreign language if 
such program is comparable to a program that provides at least 45 
minutes of instruction in a foreign language at least 4 days per week 
throughout an academic year.

``SEC. 7206. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $35,000,000 for the 
fiscal year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this part, of which not more than 
$20,000,000 may be used in each fiscal year to carry out section 7205.

                        ``PART C--ADMINISTRATION

``SEC. 7301. COORDINATION WITH RELATED PROGRAMS.

    ``In order to maximize the effectiveness of Federal efforts aimed 
at serving the educational needs of children and youth of limited-
English proficiency, the Secretary shall coordinate and ensure close 
cooperation with other programs administered by the Department, 
including programs in such areas as teacher training, program content, 
research, and curriculum.

``SEC. 7302. REPORT ON BILINGUAL EDUCATION.

    ``The Secretary shall, within three years of the date of enactment 
of the Improving America's Schools Act of 1994, and every third year 
thereafter, submit to the Congress a report on the condition of 
bilingual education. The report shall include--
            ``(1) information regarding--
                    ``(A) the grants, contracts, and cooperative 
                agreements made pursuant to this title in the preceding 
                3 fiscal years;
                    ``(B) the number of individuals benefiting from the 
                programs assisted under this title;
                    ``(C) the evaluation of activities carried out 
                under this title during the preceding 3 fiscal years 
                and the extent to which each such activity achieves the 
                policy set forth in section 7103(a);
                    ``(D) an estimate of the number of teachers and 
                other school personnel for bilingual education that 
                will be necessary for the 3 succeeding fiscal years; 
                and
                    ``(E) the research activities carried out under 
                this title during the preceding 3 fiscal years and the 
                major findings of such research activities; and
            ``(2) an analysis and synthesis of such information.

``SEC. 7303. STATE EDUCATIONAL AGENCY RECOMMENDATIONS; PEER REVIEW.

    ``(a) State Educational Agency Recommendations.--In making awards 
under part A, the Secretary shall take State educational agency 
recommendations into account.
    ``(b) Peer Review.--
            ``(1) In general.--In making awards under part A and in 
        making funding decisions for continuation grants under such 
        parts, the Secretary may solicit recommendations from peer 
        review panels composed of individuals experienced in aspects of 
        the education of limited-English proficient students.
            ``(2) Funding.--The Secretary may use not more than 0.2 
        percent of the total amount of funds appropriated for each 
        fiscal year for programs authorized under this title for peer 
        review of applications for assistance under such programs.

                         ``PART D--SPECIAL RULE

``SEC. 7401. SPECIAL RULE.

    ``Notwithstanding any other provision of law, no recipient of a 
grant under title VII of this Act (as such title was in effect on the 
day preceding the date of enactment of the Improving America's Schools 
Act of 1994) shall be eligible for fourth- and fifth-year renewals 
authorized by section 7021(d)(1)(C) of such title (as such section was 
in effect on the day preceding the date of enactment of such Act).

            ``TITLE VIII--PROGRAMS OF NATIONAL SIGNIFICANCE

                      ``PART A--ARTS IN EDUCATION

``SEC. 8101. SUPPORT FOR ARTS EDUCATION.

    ``(a) Findings.--The Congress finds that--
            ``(1) the arts are forms of understanding and ways of 
        knowing that are fundamentally important to education;
            ``(2) the arts are important to excellent education and to 
        effective school reform;
            ``(3) the most significant contribution of the arts to 
        education reform is the transformation of teaching and 
        learning;
            ``(4) such transformation is best realized in the context 
        of comprehensive, systemic education reform;
            ``(5) demonstrated competency in the arts for American 
        students is among the National Education Goals;
            ``(6) arts education should be an integral part of the 
        elementary and secondary school curriculum;
            ``(7) participation in performing arts activities has 
        proven to be an effective strategy for promoting the inclusion 
        of persons with disabilities in mainstream settings; and
            ``(8) opportunities in the arts have enabled persons of all 
        ages with disabilities to participate more fully in school and 
        community activities.
    ``(b) Purpose.--The purposes of this part are to--
            ``(1) support systemic education reform by strengthening 
        arts education as an integral part of the elementary and 
        secondary school curriculum;
            ``(2) help ensure that all students have the opportunity to 
        learn to challenging State content standards and challenging 
        State student performance standards in the arts; and
            ``(3) support the national effort to enable all students to 
        demonstrate competence in the arts in accordance with the 
        National Education Goals.
    ``(c) Eligible Recipients.--In order to carry out the purposes of 
this part, the Secretary is authorized to award grants to, or enter 
into contracts or cooperative agreements with--
            ``(1) State educational agencies;
            ``(2) local educational agencies;
            ``(3) institutions of higher education;
            ``(4) museums and other cultural institutions; and
            ``(5) other public and private agencies, institutions, and 
        organizations.
    ``(d) Authorized Activities.--Funds under this part may be used 
for--
            ``(1) research on arts education;
            ``(2) the development of, and dissemination of information 
        about, model arts education programs;
            ``(3) the development of model arts education assessments 
        based on high standards;
            ``(4) the development and implementation of curriculum 
        frameworks for arts education;
            ``(5) the development of model preservice and inservice 
        professional development programs for arts educators and other 
        instructional staff;
            ``(6) supporting collaborative activities with other 
        Federal agencies or institutions involved in arts education, 
        such as the National Endowment for the Arts, the Institute of 
        Museum Services, the John F. Kennedy Center for the Performing 
        Arts, Very Special Arts, and the National Gallery of Art;
            ``(7) supporting model projects and programs in the 
        performing arts for children and youth through arrangements 
        made with the John F. Kennedy Center for the Performing Arts;
            ``(8) supporting model projects and programs developed by 
        Very Special Arts which assure the participation in mainstream 
        settings in arts and education programs of persons of all ages 
        with disabilities;
            ``(9) supporting model projects and programs to integrate 
        arts education into the regular elementary and secondary school 
        curriculum; and
            ``(10) other activities that further the purposes of this 
        part.
    ``(e) Coordination.--
            ``(1) In general.--A recipient of funds under this part 
        shall, to the extent possible, coordinate projects assisted 
        under this part with appropriate activities of public and 
        private cultural agencies, institutions, and organizations, 
        including museums, arts education associations, libraries, and 
        theaters.
            ``(2) Special rule.--In carrying out this part, the 
        Secretary shall coordinate with the National Endowment for the 
        Arts, the Institute of Museum Services, the John F. Kennedy 
        Center for the Performing Arts, Very Special Arts, and the 
        National Gallery of Art.
    ``(f) Authorization.--
            ``(1) In general.--For the purpose of carrying out this 
        part, there are authorized to be appropriated $11,000,000 for 
        fiscal year 1995 and such sums as may be necessary for each of 
        the 4 succeeding fiscal years.
            ``(2) Special rule.--If the amount appropriated under 
        paragraph (1) for any fiscal year is $9,000,000 or less, then 
        such amount shall only be available to carry out the activities 
        described in paragraphs (7) and (8) of subsection (d).

            ``PART B--INEXPENSIVE BOOK DISTRIBUTION PROGRAM

``SEC. 8151. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING 
              MOTIVATION.

    ``(a) Authorization.--The Secretary is authorized to enter into a 
contract with Reading is Fundamental (RIF) (hereafter in this section 
referred to as `the contractor') to support and promote programs, which 
include the distribution of inexpensive books to students, that 
motivate children to read.
    ``(b) Requirements of Contract.--Any contract entered into under 
subsection (a) shall--
            ``(1) provide that the contractor will enter into 
        subcontracts with local private nonprofit groups or 
        organizations or with public agencies under which each 
        subcontractor will agree to establish, operate, and provide the 
        non-Federal share of the cost of reading motivation programs 
        that include the distribution of books, by gift, to the extent 
        feasible, or loan, to children from birth through secondary 
        school age;
            ``(2) provide that funds made available to subcontractors 
        will be used only to pay the Federal share of the cost of such 
        programs;
            ``(3) provide that in selecting subcontractors for initial 
        funding, the contractor will give priority to programs that 
        will serve a substantial number or percentage of children with 
        special needs, such as--
                    ``(A) low-income children, particularly in high-
                poverty areas;
                    ``(B) children at risk of school failure;
                    ``(C) children with disabilities;
                    ``(D) foster children;
                    ``(E) homeless children;
                    ``(F) migrant children;
                    ``(G) children without access to libraries;
                    ``(H) institutionalized or incarcerated children; 
                and
                    ``(I) children whose parents are institutionalized 
                or incarcerated;
            ``(4) provide that the contractor will provide such 
        technical assistance to subcontractors as may be necessary to 
        carry out the purpose of this section;
            ``(5) provide that the contractor will annually report to 
        the Secretary the number of, and describe, programs funded 
        under paragraph (3); and
            ``(6) include such other terms and conditions as the 
        Secretary determines to be appropriate to ensure the 
        effectiveness of such programs.
    ``(c) Restriction on Payments.--The Secretary shall make no payment 
of the Federal share of the cost of acquiring and distributing books 
under any contract under this section unless the Secretary determines 
that the contractor or subcontractor, as the case may be, has made 
arrangements with book publishers or distributors to obtain books at 
discounts at least as favorable as discounts that are customarily given 
by such publisher or distributor for book purchases made under similar 
circumstances in the absence of Federal assistance.
    ``(d) Definition of `Federal Share'.--For the purpose of this 
section, the term `Federal share' means, with respect to the cost to a 
subcontractor of purchasing books to be paid under this section, 75 
percent of such costs to the subcontractor, except that the Federal 
share for programs serving children of migrant or seasonal farmworkers 
shall be 100 percent of such costs to the subcontractor.
    ``(e) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $11,000,000 
for fiscal year 1995 and such sums as may be necessary for each of the 
4 succeeding fiscal years.

                    ``PART C--PUBLIC CHARTER SCHOOLS

``SEC. 8201. FINDINGS AND PURPOSE.

    ``(a) Findings.--The Congress finds that--
            ``(1) enhancement of parent and student choices among 
        public schools can assist in promoting comprehensive 
        educational reform and give more students the opportunity to 
        learn to challenging State content standards and challenging 
        State student performance standards, if sufficiently diverse 
        and high-quality choices, and genuine opportunities to take 
        advantage of such choices, are available to all students;
            ``(2) useful examples of such choices can come from States 
        and communities that experiment with methods of offering 
        teachers and other educators, parents, and other members of the 
        public the opportunity to design and implement new public 
        schools and to transform existing public schools;
            ``(3) the new schools developed through such process should 
        be free to test a variety of educational approaches and should, 
        therefore, be exempted from restrictive rules and regulations 
        if the leadership of such schools commits to attaining specific 
        and ambitious educational results for students consistent with 
        challenging State content standards and challenging State 
        student performance standards for all students;
            ``(4) charter schools, as such schools have been 
        implemented in a few States, can embody the necessary mixture 
        of enhanced choice, exemption from restrictive regulations, and 
        a focus on learning gains;
            ``(5) charter schools, including charter schools that are 
        schools-within-schools, can help reduce school size, which 
        reduction can have a significant effect on student achievement;
            ``(6) the Federal Government should test, evaluate, and 
        disseminate information on a variety of charter school models 
        in order to help demonstrate the benefits of this promising 
        educational reform; and
            ``(7) there is a strong documented need for cash flow 
        assistance to charter schools that are starting up, because 
        State and local operating revenue streams are not immediately 
        available.
    ``(b) Purpose.--It is the purpose of this part to increase national 
understanding of the charter schools model by--
            ``(1) providing financial assistance for the design and 
        initial implementation of charter schools; and
            ``(2) evaluating the effects of such schools, including the 
        effects on students, staff, and parents.

``SEC. 8202. PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary may award grants to State 
educational agencies having applications approved pursuant to section 
8203 to enable such agencies to conduct a charter school grant program 
in accordance with this part.
    ``(b) Special Rule.--If a State educational agency elects not to 
participate in the program authorized by this part or does not have an 
application approved under section 8203, the Secretary may award a 
grant to an eligible applicant that serves such State and has an 
application approved pursuant to section 8203(c).
    ``(c) Program Periods.--
            ``(1) Grants to states.--Grants awarded to State 
        educational agencies under this part shall be awarded for a 
        period of not more than 3 years.
            ``(2) Grants to eligible applicants.--Grants awarded by the 
        Secretary to eligible applicants or subgrants awarded by State 
        educational agencies to eligible applicants under this part 
        shall be awarded for a period of not more than 3 years, of 
        which the eligible applicant may use--
                    ``(A) not more than 18 months for planning and 
                program design; and
                    ``(B) not more than 2 years for the initial 
                implementation of a charter school.
    ``(d) Limitation.--The Secretary shall not award more than one 
grant and State educational agencies shall not award more than one 
subgrant under this part to support a particular charter school.
    ``(e) Use of Funds.--
            ``(1) State educational agencies.--Each State educational 
        agency receiving a grant under this part shall use such grant 
        funds to award subgrants to one or more eligible applicants in 
        the State to enable such applicant to plan and implement a 
        charter school in accordance with this part.
            ``(2) Eligible applicants.--Each eligible applicant 
        receiving funds from the Secretary or a State educational 
        agency shall use such funds to plan and implement a charter 
        school in accordance with this part.
            ``(3) Allowable activities.--An eligible applicant 
        receiving a grant or subgrant under this part may use the grant 
        or subgrant funds only for--
                    ``(A) post-award planning and design of the 
                educational program, which may include--
                            ``(i) refinement of the desired educational 
                        results and of the methods for measuring 
                        progress toward achieving those results; and
                            ``(ii) professional development of teachers 
                        and other staff who will work in the charter 
                        school; and
                    ``(B) initial implementation of the charter school, 
                which may include--
                            ``(i) informing the community about the 
                        school;
                            ``(ii) acquiring necessary equipment and 
                        educational materials and supplies;
                            ``(iii) acquiring or developing curriculum 
                        materials;
                            ``(iv) minor remodeling or renovation of 
                        facilities needed to meet State or local health 
                        or safety laws or regulations; and
                            ``(v) other initial operational costs that 
                        cannot be met from State or local sources.
            ``(4) Administrative expenses.--Each State educational 
        agency receiving a grant pursuant to this part may reserve not 
        more than 5 percent of such grant funds for administrative 
        expenses associated with the charter school grant program 
        assisted under this part.
            ``(5) Revolving loan funds.--Each State educational agency 
        receiving a grant pursuant to this part may reserve not more 
        than 20 percent of the grant amount for the establishment of a 
        revolving loan fund. Such fund may be used to make loans to 
        eligible applicants that have received a subgrant under this 
        part, under such terms as may be determined by the State 
        educational agency, for the initial operation of the charter 
        school grant program of such recipient until such time as the 
        recipient begins receiving ongoing operational support from 
        State or local financing sources.

``SEC. 8203. APPLICATIONS.

    ``(a) Applications From State Agencies.--Each State educational 
agency desiring a grant under this part shall submit to the Secretary 
an application at such time, in such manner, and containing or 
accompanied by such information as the Secretary may require.
    ``(b) Contents of a State Educational Agency Application.--Each 
application submitted pursuant to subsection (a) shall--
            ``(1) describe the objectives of the State educational 
        agency's charter school grant program and a description of how 
        such objectives will be fulfilled, including steps taken by the 
        State educational agency to inform teachers, parents, and 
        communities of the State educational agency's charter school 
        grant program;
            ``(2) contain assurances that the State educational 
        agency--
                    ``(A) will grant, or will obtain, waivers of State 
                statutory or regulatory requirements provided for in 
                the State's charter schools law; and
                    ``(B) will assist each subgrantee in the State in 
                receiving a waiver under section 8204(e);
            ``(3) contain assurances that the State educational agency 
        will require each eligible applicant desiring to receive a 
        subgrant to submit an application to the State educational 
        agency containing--
                    ``(A) a description of the educational program to 
                be implemented by the proposed charter school, 
                including--
                            ``(i) how the program will enable all 
                        students to meet challenging State student 
                        performance standards;
                            ``(ii) the grade levels or ages of children 
                        to be served; and
                            ``(iii) the curriculum and instructional 
                        practices to be used;
                    ``(B) a description of how the charter school will 
                be managed;
                    ``(C) a description of--
                            ``(i) the objectives of the charter school; 
                        and
                            ``(ii) the methods by which the charter 
                        school will determine its progress toward 
                        achieving those objectives;
                    ``(D) a description of the administrative 
                relationship between the charter school and the 
                authorized public chartering agency;
                    ``(E) a description of how parents and other 
                members of the community will be involved in the design 
                and implementation of the charter school;
                    ``(F) a description of how the authorized public 
                chartering agency will provide for continued operation 
                of the school once the Federal grant has expired, if 
                such agency determines that the school has met the 
                objectives described in subparagraph (C)(i);
                    ``(G) a request and justification for waivers of 
                any Federal statutory or regulatory requirements that 
                the applicant believes are necessary for the successful 
                operation of the charter school;
                    ``(H) a description of how the subgrant funds or 
                grant funds, as appropriate, will be used, including a 
                description of how such funds will be used in 
                conjunction with other Federal programs administered by 
                the Secretary;
                    ``(I) a description of how students in the 
                community will be--
                            ``(i) informed about the charter school; 
                        and
                            ``(ii) given an equal opportunity to attend 
                        the charter school;
                    ``(J) an assurance that the eligible applicant will 
                annually provide the Secretary and the State 
                educational agency such information as may be required 
                to determine if the charter school is making 
                satisfactory progress toward achieving the objectives 
                described in subparagraph (C)(i);
                    ``(K) an assurance that the applicant will 
                cooperate with the Secretary and the State educational 
                agency in evaluating the program assisted under this 
                part; and
                    ``(L) such other information and assurances as the 
                Secretary and the State educational agency may require.
    ``(c) Applications From Eligible Applicants.--
            ``(1) In general.--Each eligible applicant desiring a grant 
        pursuant to section 8202(e)(1) or 8202(b) shall submit an 
        application to the State educational agency or Secretary, 
        respectively, at such time, in such manner, and accompanied by 
        such information as the State educational agency or Secretary, 
        respectively, may reasonably require.
    ``(d) Contents of Eligible Agency Application.--Each application 
submitted pursuant to subsection (c) shall contain the information and 
assurances described in subparagraphs (A) through (L) of subsection 
(b)(3), except that for purpose of this sentence subparagraphs (J), 
(K), and (L) of such subsection shall be applied by striking ``and the 
State educational agency'' each place such term appears.

``SEC. 8204. ADMINISTRATION.

    ``(a) Selection Criteria for State Educational Agencies.--The 
Secretary shall award grants to State educational agencies under this 
part on the basis of the quality of the applications submitted under 
section 8203, after taking into consideration such factors as--
            ``(1) the contribution that the charter schools grant 
        program will make to achieving State content standards and 
        State student performance standards and, in general, a State's 
        education improvement plan;
            ``(2) the degree of flexibility afforded by the State 
        educational agency to charter schools under the State's charter 
        schools law;
            ``(3) the ambitiousness of the objectives for the State 
        charter school grant program;
            ``(4) the quality of the process for assessing achievement 
        of those objectives; and
            ``(5) the likelihood that the charter school grant program 
        will meet those objectives and improve educational results for 
        students.
    ``(b) Selection Criteria for Eligible Applicants.--The Secretary 
shall award grants to eligible applicants under this part on the basis 
of the quality of the applications submitted under section 8203, after 
taking into consideration such factors as--
            ``(1) the quality of the proposed curriculum and 
        instructional practices;
            ``(2) the degree of flexibility afforded by the State 
        educational agency and, if applicable, the local educational 
        agency to the charter school;
            ``(3) the extent of community support for the application;
            ``(4) the ambitiousness of the objectives for the charter 
        school;
            ``(5) the quality of the process for assessing achievement 
        of those objectives; and
            ``(6) the likelihood that the charter school will meet 
        those objectives and improve educational results for students.
    ``(c) Peer Review.--The Secretary, and each State educational 
agency receiving a grant under this part, shall use a peer review 
process to review applications for assistance under this part.
    ``(d) Diversity of Projects.--The Secretary and each State 
educational agency receiving a grant under this part, shall award 
subgrants under this part in a manner that, to the extent possible, 
ensures that such grants and subgrants--
            ``(1) are distributed throughout different areas of the 
        Nation and each State, including urban and rural areas; and
            ``(2) will assist charter schools representing a variety of 
        educational approaches, such as approaches designed to reduce 
        school size.
    ``(e) Waivers.--The Secretary may waive any statutory or regulatory 
requirement over which the Secretary exercises administrative authority 
except any such requirement relating to the elements of a charter 
school described in section 8206(1), if--
            ``(1) the waiver is requested in an approved application 
        under this part; and
            ``(2) the Secretary determines that granting such a waiver 
        will promote the purpose of this part.

``SEC. 8205. NATIONAL ACTIVITIES.

    ``The Secretary may reserve not more than 10 percent of the funds 
available to carry out this part for any fiscal year for--
            ``(1) peer review of applications under section 8204(c);
            ``(2) an evaluation of charter schools, including those 
        assisted under this part; and
            ``(3) other activities designed to enhance the success of 
        the activities assisted under this part, such as--
                    ``(A) development and dissemination of model State 
                charter school laws and model contracts or other means 
                of authorizing and monitoring the performance of 
                charter schools;
                    ``(B) collection and dissemination of information 
                on successful charter schools; and
                    ``(C) conferences, publications, and use of 
                telecommunications and other means to share ideas and 
                information among grant recipients and others about 
                charter schools.

``SEC. 8206. DEFINITIONS.

    ``As used in this part:
            ``(1) The term `charter school' means a public school 
        that--
                    ``(A) in accordance with an enabling State statute, 
                is exempted from significant State or local rules that 
                inhibit the flexible operation and management of public 
                schools, but not from any rules relating to the other 
                requirements of this paragraph;
                    ``(B) is created by a developer as a public school, 
                or is adapted by a developer from an existing public 
                school, and is operated under public supervision and 
                direction;
                    ``(C) operates in pursuit of a specific set of 
                educational objectives determined by the school's 
                developer and agreed to by the authorized public 
                chartering agency;
                    ``(D) provides a program of elementary or secondary 
                education, or both;
                    ``(E) is nonsectarian in its programs, admissions 
                policies, employment practices, and all other 
                operations, and is not affiliated with a sectarian 
                school or religious institution;
                    ``(F) does not charge tuition;
                    ``(G) complies with the Age Discrimination Act of 
                1975, title VI of the Civil Rights Act of 1964, title 
                IX of the Education Amendments of 1972, section 504 of 
                the Rehabilitation Act of 1973, and part B of the 
                Individuals with Disabilities Education Act;
                    ``(H) admits students on the basis of a lottery, if 
                more students apply for admission than can be 
                accommodated;
                    ``(I) agrees to comply with the same Federal and 
                State audit requirements as do other schools in the 
                State, unless such requirements are specifically waived 
                for the purpose of this program; and
                    ``(J) meets all applicable Federal, State, and 
                local health and safety requirements.
            ``(2) The term `developer' means an individual or group of 
        individuals (including a public or private nonprofit 
        organization), which may include teachers, administrators and 
        other school staff, parents, or other members of the local 
        community in which a charter school project will be carried 
        out.
            ``(3) The term `eligible applicant' means an authorized 
        public chartering agency participating in a partnership with a 
        developer to establish a charter school in accordance with this 
        part.
            ``(4) The term `authorized public chartering agency' means 
        a State educational agency, local educational agency, or other 
        public entity that has the authority pursuant to State law to 
        authorize or approve a charter school.

``SEC. 8207. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this part, there are authorized 
to be appropriated $15,000,000 for fiscal year 1995 and such sums as 
may be necessary for each of the 4 succeeding fiscal years.

                       ``PART D--CIVIC EDUCATION

``SEC. 8251. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF DEMOCRACY IN 
              THE UNITED STATES.

    ``(a) General Authority.--
            ``(1) Program established.--(A) The Secretary is authorized 
        to carry out a program to enhance the attainment of the third 
        and sixth National Education Goals by educating students about 
        the history and principles of the Constitution of the United 
        States, including the Bill of Rights, and to foster civic 
        competence and responsibility.
            ``(B) Such program shall be known as `We the People . . . 
        The Citizen and the Constitution'.
            ``(2) Educational activities.--The program required by 
        paragraph (1) shall--
                    ``(A) continue and expand the educational 
                activities of the `We the People . . . The Citizen and 
                the Constitution' program administered by the Center 
                for Civic Education; and
                    ``(B) enhance student attainment of challenging 
                content standards in civics and government.
            ``(3) Contract or grant authorized.--The Secretary is 
        authorized to enter into a contract or grant with the Center 
        for Civic Education to carry out the program described in 
        paragraph (1).
    ``(b) Program Content.--The education program authorized by this 
section shall provide--
            ``(1) a course of instruction on the basic principles of 
        our constitutional democracy and the history of the 
        Constitution and the Bill of Rights;
            ``(2) at the request of a participating school, school and 
        community simulated congressional hearings following the course 
        of study; and
            ``(3) an annual national competition of simulated 
        congressional hearings for secondary students who wish to 
        participate in such program.
    ``(c) Program Content.--The education program authorized by this 
section shall be made available to public and private elementary and 
secondary schools in the 435 congressional districts, the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
District of Columbia.
    ``(d) Special Rule.--After the provisions of subsection (b) have 
been implemented, funds provided under this section may be used for--
            ``(1) advanced training of teachers about the United States 
        Constitution and the political system the United States 
        created; or
            ``(2) a course of instruction at the middle school level on 
        the roles of State and local governments in the Federal system 
        established by the Constitution, which course shall provide 
        for--
                    ``(A) optional school and community simulated State 
                legislative hearings;
                    ``(B) an annual competition of simulated 
                legislative hearings at the State legislative district, 
                State, and national levels for middle school students 
                who wish to participate in the program; and
                    ``(C) participation by public and private middle 
                schools in the 50 States, the District of Columbia, 
                Commonwealth of Puerto Rico, Guam, American Samoa, the 
                Virgin Islands, the Commonwealth of the Northern 
                Mariana Islands, the Republic of the Marshall Islands, 
                the Federated States of Micronesia, and Palau.

``SEC. 8252. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.

    ``(a) Program Established.--The Secretary is authorized to carry 
out a program of grants and contracts to assist State and local 
educational agencies and other public and private nonprofit agencies, 
organizations and institutions to enhance--
            ``(1) attainment by students of challenging State content 
        standards and challenging State student performance standards 
        in civics, government, and the law; and
            ``(2) attainment by the Nation of the third and the sixth 
        National Education Goals.
    ``(b) Authorized Activities.--Assistance under this section may 
support new and ongoing programs in elementary and secondary schools 
that provide for--
            ``(1) the development and implementation of curricular 
        programs that enhance student understanding of--
                    ``(A) the values and principles which underlie, and 
                the institutions and processes which comprise, our 
                Nation's system of government;
                    ``(B) the role of law in our constitutional 
                democracy, including activities to promote--
                            ``(i) legal literacy;
                            ``(ii) a dedication by students to the use 
                        of nonviolent means of conflict resolution such 
                        as arbitration, mediation, negotiation, trials, 
                        and appellate hearings; and
                            ``(iii) respect for cultural diversity and 
                        acceptance of cultural differences; and
                    ``(C) the rights and responsibilities of 
                citizenship;
            ``(2) professional development for teachers, including 
        preservice and inservice training;
            ``(3) outside-the-classroom learning experiences for 
        students, including community service activities;
            ``(4) the active participation of community leaders, from 
        the public and private sectors, in the schools; and
            ``(5) the provision of technical assistance to State and 
        local educational agencies and other institutions and 
        organizations working to further the progress of the Nation in 
        attaining the third and sixth National Education Goals 
        regarding civics and government.
    ``(c) Applications, Peer Review and Priority.--
            ``(1) Submission of applications.--A State or local 
        educational agency, other public or private nonprofit agency, 
        organization, or institution that desires to receive a grant or 
        enter into a contract under this section shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing or accompanied by such information as the Secretary 
        may reasonably require.
            ``(2) Peer review.--(A) The Secretary shall convene a panel 
        of individuals for purpose of reviewing and rating applications 
        submitted under paragraph (1).
            ``(B) Such individuals shall have experience with education 
        programs in civics, government, and the law.
            ``(3) Priority.--In making grants or awarding contracts 
        under this section, the Secretary shall give priority 
        consideration to applications which propose the operation of 
        statewide programs.
    ``(d) Duration of Grants and Exception.--
            ``(1) Duration.--Except as provided in paragraph (2), the 
        Secretary shall make grants and enter into contracts under this 
        section for periods of two or three years.
            ``(2) Exception.--The Secretary may make a grant or enter 
        into a contract under this section for a period of less than 2 
        years if the Secretary determines that special circumstances 
        exist which warrant a 1-year grant or contract award.

``SEC. 8253. REPORT; AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Report.--The Secretary shall report, on a biennial basis and 
in accordance with section 10701, to the Committee on Education and 
Labor of the House of Representatives and to the Committee on Labor and 
Human Resources of the Senate regarding the distribution and use of 
funds authorized under this part.
    ``(b) Authorization of Appropriations.--
            ``(1) In general.--To carry out this part, there are 
        authorized to be appropriated $20,000,000 for fiscal year 1995 
        and such sums as necessary for each of the 4 succeeding fiscal 
        years.
            ``(2) Allocation.--From the amount appropriated under 
        subsection (a), the Secretary shall allocate--
                    ``(A) 50 percent of such amount to carry out 
                section 8251; and
                    ``(B) 50 percent of such amount to carry out 
                section 8252.

             ``PART E--ALLEN J. ELLENDER FELLOWSHIP PROGRAM

``SEC. 8301. FINDINGS.

    ``The Congress finds as follows:
            ``(1) It is a worthwhile goal to ensure that all students 
        in America are prepared for responsible citizenship and that 
        all students should have the opportunity to be involved in 
        activities that promote and demonstrate good citizenship.
            ``(2) It is a worthwhile goal to ensure that America's 
        educators have access to programs for the continued improvement 
        of their professional skills.
            ``(3) Allen J. Ellender, a Senator from Louisiana and 
        President pro tempore of the United States Senate, had a 
        distinguished career in public service characterized by 
        extraordinary energy and real concern for young people. Senator 
        Ellender provided valuable support and encouragement to the 
        Close Up Foundation, a nonpartisan, nonprofit foundation 
        promoting knowledge and understanding of the Federal Government 
        among young people and educators. Therefore, it is a fitting 
        and appropriate tribute to Senator Ellender to provide 
        fellowships in his name to students of limited economic means, 
        the teachers who work with such students, and older Americans, 
        so that such students, teachers, and older Americans may 
        participate in the programs supported by the Close Up 
        Foundation.

     ``Subpart 1--Program for Middle and Secondary School Students

``SEC. 8311. ESTABLISHMENT.

    ``(a) General Authority.--The Secretary is authorized to make 
grants in accordance with the provisions of this title to the Close Up 
Foundation of Washington, District of Columbia, a nonpartisan, 
nonprofit foundation, for the purpose of assisting the Close Up 
Foundation in carrying out its programs of increasing understanding of 
the Federal Government among middle and secondary school students.
    ``(b) Use of Funds.--Grants under this subpart shall be used only 
to provide financial assistance to economically disadvantaged students 
who participate in the program described in subsection (a). Financial 
assistance received pursuant to this subpart by such students shall be 
known as Allen J. Ellender fellowships.

``SEC. 8312. APPLICATIONS.

    ``(a) Application Required.--No grant under this subpart may be 
made except upon an application at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
require.
    ``(b) Contents of Application.--Each such application shall contain 
provisions to assure--
            ``(1) that fellowship grants are made to economically 
        disadvantaged middle and secondary school students;
            ``(2) that every effort will be made to ensure the 
        participation of students from rural and small town areas, as 
        well as from urban areas, and that in awarding fellowships to 
        economically disadvantaged students, special consideration will 
        be given to the participation of students with special 
        educational needs, including students with disabilities, ethnic 
        minority students, and gifted and talented students; and
            ``(3) the proper disbursement of the funds of the United 
        States received under this subpart.

     ``Subpart 2--Program for Middle and Secondary School Teachers

``SEC. 8321. ESTABLISHMENT.

    ``(a) General Authority.--The Secretary is authorized to make 
grants in accordance with the provisions of this subpart to the Close 
Up Foundation of Washington, District of Columbia, a nonpartisan, 
nonprofit foundation, for the purpose of assisting the Close Up 
Foundation in carrying out its programs of teaching skills enhancement 
for middle and secondary school teachers.
    ``(b) Use of Funds.--Grants under this subpart shall be used only 
for financial assistance to teachers who participate in the program 
described in subsection (a). Financial assistance received pursuant to 
this subpart by such individuals shall be known as Allen J. Ellender 
fellowships.

``SEC. 8322. APPLICATIONS.

    ``(a) Application Required.--No grant under this subpart may be 
made except upon an application at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
require.
    ``(b) Contents of Application.--Each such application shall contain 
provisions to assure--
            ``(1) that fellowship grants are made only to teachers who 
        have worked with at least one student from such teacher's 
        school who participates in the programs described in section 
        8311(a);
            ``(2) that not more than one teacher in each school 
        participating in the programs provided for in section 8311(a) 
        may receive a fellowship in any fiscal year; and
            ``(3) the proper disbursement of the funds of the United 
        States received under this subpart.

   ``Subpart 3--Programs for Recent Immigrants, Students of Migrant 
                      Parents and Older Americans

``SEC. 8331. ESTABLISHMENT.

    ``(a) General Authority.--
            ``(1) In general.--The Secretary is authorized to make 
        grants in accordance with the provisions of this subpart to the 
        Close Up Foundation of Washington, District of Columbia, a 
        nonpartisan, nonprofit foundation, for the purpose of assisting 
        the Close Up Foundation in carrying out its programs of 
        increasing understanding of the Federal Government among 
        economically disadvantaged older Americans, recent immigrants 
        and students of migrant parents.
            ``(2) Definition.--For the purpose of this subpart, the 
        term `older American' means an individual who has attained 55 
        years of age.
    ``(b) Use of Funds.--Grants under this subpart shall be used only 
for financial assistance to economically disadvantaged older Americans, 
recent immigrants and students of migrant parents who participate in 
the program described in subsection (a). Financial assistance received 
pursuant to this subpart by such individuals shall be known as Allen J. 
Ellender fellowships.

``SEC. 8332. APPLICATIONS.

    ``(a) Application Required.--No grant under this subpart may be 
made except upon application at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
require.
    ``(b) Contents of Application.--Each such application shall contain 
provisions to assure--
            ``(1) that fellowship grants are made to economically 
        disadvantaged older Americans, recent immigrants and students 
        of migrant parents;
            ``(2) that every effort will be made to ensure the 
        participation of older Americans, recent immigrants and 
        students of migrant parents from rural and small town areas, as 
        well as from urban areas, and that in awarding fellowships, 
        special consideration will be given to the participation of 
        older Americans, recent immigrants and students of migrant 
        parents with special needs, including individuals with 
        disabilities, ethnic minorities, and gifted and talented 
        students;
            ``(3) that activities permitted by subsection (a) are fully 
        described; and
            ``(4) the proper disbursement of the funds of the United 
        States received under this subpart.

                    ``Subpart 4--General Provisions

``SEC. 8341. ADMINISTRATIVE PROVISIONS.

    ``(a) General Rule.--Payments under this part may be made in 
installments, in advance, or by way of reimbursement, with necessary 
adjustments on account of underpayment or overpayment.
    ``(b) Audit Rule.--The Comptroller General of the United States or 
any of the Comptroller General's duly authorized representatives shall 
have access for the purpose of audit and examination to any books, 
documents, papers, and records that are pertinent to any grant under 
this part.

``SEC. 8342. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out the provisions of subparts 1, 2, and 3 of this part $4,500,000 for 
fiscal year 1995 and such sums as may be necessary for each of the 4 
succeeding fiscal years.
    ``(b) Special Rule.--Of the funds appropriated pursuant to 
subsection (a), not more than 30 percent may be used for teachers 
associated with students participating in the programs described in 
section 8311(a).

                 ``PART F--GIFTED AND TALENTED CHILDREN

``SEC. 8401. SHORT TITLE.

    ``This part may be cited as the `Jacob K. Javits Gifted and 
Talented Students Education Act of 1994'.

``SEC. 8402. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds and declares that--
            ``(1) all students can learn to high standards and must 
        develop their talents and realize their potential if the United 
        States is to prosper;
            ``(2) gifted and talented students are a national resource 
        vital to the future of the Nation and our Nation's security and 
        well-being;
            ``(3) too often schools fail to challenge students to do 
        their best work, and students who are not challenged will not 
        learn to challenging State content standards and challenging 
        State student performance standards, fully develop their 
        talents, and realize their potential;
            ``(4) unless the special abilities of gifted and talented 
        students are recognized and developed during their elementary 
        and secondary school years, much of their special potential for 
        contributing to the national interest is likely to be lost;
            ``(5) gifted and talented students from economically 
        disadvantaged families and areas, and students of limited-
        English proficiency are at greatest risk of being unrecognized 
        and of not being provided adequate or appropriate educational 
        services;
            ``(6) State and local educational agencies and private 
        nonprofit schools often lack the necessary specialized 
        resources to plan and implement effective programs for the 
        early identification of gifted and talented students for the 
        provision of educational services and programs appropriate to 
        their special needs;
            ``(7) the Federal Government can best carry out the limited 
        but essential role of stimulating research and development and 
        personnel training and providing a national focal point of 
        information and technical assistance that is necessary to 
        ensure that the Nation's schools are able to meet the special 
        educational needs of gifted and talented students, and thereby 
        serve a profound national interest; and
            ``(8) the experience and knowledge gained in developing and 
        implementing programs for gifted and talented students can and 
        should be used as a basis to--
                    ``(A) develop a rich and challenging curriculum for 
                all students; and
                    ``(B) provide all students with important and 
                challenging subject matter to study and encourage the 
                habits of hard work.
    ``(b) Statement of Purpose.--It is the purpose of this part--
            ``(1) to provide financial assistance to State and local 
        educational agencies, institutions of higher education, and 
        other public and private agencies and organizations, to 
        initiate a coordinated program of research, demonstration 
        projects, personnel training, and similar activities designed 
        to build a nationwide capability in elementary and secondary 
        schools to meet the special educational needs of gifted and 
        talented students;
            ``(2) to encourage the development of rich and challenging 
        curricula for all students through the appropriate application 
        and adaptation of materials and instructional methods developed 
        under this part; and
            ``(3) to supplement and make more effective the expenditure 
        of State and local funds, for the education of gifted and 
        talented students.

``SEC. 8403. CONSTRUCTION.

    ``Nothing in this part shall be construed to prohibit a recipient 
of funds under this part from serving gifted and talented students 
simultaneously with students with similar educational needs, in the 
same educational settings where appropriate.

``SEC. 8404. AUTHORIZED PROGRAMS.

    ``(a) Establishment of Program.--
            ``(1) In general.--From the sums appropriated under section 
        8407 in any fiscal year the Secretary (after consultation with 
        experts in the field of the education of gifted and talented 
        students) shall make grants to or enter into contracts with 
        State educational agencies, local educational agencies, 
        institutions of higher education, or other public agencies and 
        private agencies and organizations (including Indian tribes and 
        Indian organizations (as such terms are defined by the Indian 
        Self-Determination and Education Assistance Act) and Hawaiian 
        native organizations) to assist such agencies, institutions, 
        and organizations which submit applications in carrying out 
        programs or projects authorized by this part that are designed 
        to meet the educational needs of gifted and talented students, 
        including the training of personnel in the education of gifted 
        and talented students and in the use, where appropriate, of 
        gifted and talented services, materials, and methods for all 
        students.
            ``(2) Contents.--Applications for funds under this part 
        shall describe how--
                    ``(A) the proposed gifted and talented services, 
                materials, and methods can be adapted, if appropriate, 
                for use by all students; and
                    ``(B) how the proposed programs can be evaluated.
    ``(b) Uses of Funds.--Programs and projects assisted under this 
section may include--
            ``(1) professional development (including fellowships) for 
        personnel (including leadership personnel) involved in the 
        education of gifted and talented students;
            ``(2) establishment and operation of model projects and 
        exemplary programs for serving gifted and talented students, 
        including innovative methods for identifying and educating 
        students who may not be served by traditional gifted and 
        talented programs, summer programs, mentoring programs, service 
        learning programs, and cooperative programs involving business, 
        industry, and education;
            ``(3) training of personnel and parents involved in gifted 
        and talented programs with respect to the impact of gender 
        role-socialization on the educational needs of gifted and 
        talented children and in gender equitable education methods, 
        techniques and practices;
            ``(4) implementing innovative strategies, such as 
        cooperative learning, peer tutoring and service learning;
            ``(5) strengthening the capability of State educational 
        agencies and institutions of higher education to provide 
        leadership and assistance to local educational agencies and 
        nonprofit private schools in the planning, operation, and 
        improvement of programs for the identification and education of 
        gifted and talented students and the appropriate use of gifted 
        and talented programs and methods to serve all students;
            ``(6) programs of technical assistance and information 
        dissemination, including how gifted and talented programs and 
        methods, where appropriate, could be adapted for use by all 
        students; and
            ``(7) carrying out--
                    ``(A) research on methods and techniques for 
                identifying and teaching gifted and talented students, 
                and for using gifted and talented programs and methods 
                to serve all students; and
                    ``(B) program evaluations, surveys, and the 
                collection, analysis, and development of information 
                needed to accomplish the purposes of this part.
    ``(c) Establishment of National Center.--
            ``(1) In general.--The Secretary (after consultation with 
        experts in the field of the education of gifted and talented 
        students) shall establish a National Center for Research and 
        Development in the Education of Gifted and Talented Children 
        and Youth through grants to or contracts with one or more 
        institutions of higher education or State educational agencies, 
        or a combination or consortium of such institutions and 
        agencies, for the purpose of carrying out activities described 
        in paragraph (7) of subsection (b).
            ``(2) Director.--Such National Center shall have a 
        Director. The Secretary may authorize the Director to carry out 
        such functions of the National Center as may be agreed upon 
        through arrangements with other institutions of higher 
        education, State or local educational agencies, or other public 
        or private agencies and organizations.
    ``(d) Limitation.--Not more than $1,750,000 of the funds available 
in any fiscal year to carry out the programs and projects authorized by 
this section may be used to conduct activities pursuant to subsection 
(b)(7) or (c).
    ``(e) Coordination.--Research activities supported under this 
section--
            ``(1) shall be carried out in consultation with the Office 
        of Educational Research and Improvement to ensure that such 
        activities are coordinated with and enhance the research and 
        development activities supported by the such office; and
            ``(2) may include collaborative research activities which 
        are jointly funded and carried out with the Office of 
        Educational Research and Improvement.

``SEC. 8405. PROGRAM PRIORITIES.

    ``(a) General Priority.--In the administration of this part the 
Secretary shall give highest priority--
            ``(1) to the identification of and the provision of 
        services to gifted and talented students who may not be 
        identified and served through traditional assessment methods 
        (including economically disadvantaged individuals, individuals 
        of limited-English proficiency, and individuals with 
        disabilities); and
            ``(2) to programs and projects designed to develop or 
        improve the capability of schools in an entire State or region 
        of the Nation, through cooperative efforts and participation of 
        State and local educational agencies, institutions of higher 
        education, and other public and private agencies and 
        organizations (including business, industry, and labor), to 
        plan, conduct, and improve programs for the identification of 
        and the provision of services to gifted and talented students.
    ``(b) Service Priority.--In approving applications under section 
8404(a), the Secretary shall assure that in each fiscal year at least 
one-half of the applications approved under such section address the 
priority described in subsection (a)(1).

``SEC. 8406. GENERAL PROVISIONS.

    ``(a) Participation of Private School Children and Teachers.--In 
making grants and entering into contracts under this part, the 
Secretary shall ensure, where appropriate, that provision is made for 
the equitable participation of students and teachers in private 
nonprofit elementary and secondary schools, including the participation 
of teachers and other personnel in professional development programs 
for serving such children.
    ``(b) Program Operations.--The Secretary shall ensure that the 
programs under this part are administered within the Department by a 
person who has recognized professional qualifications and experience in 
the field of the education of gifted and talented students and who 
shall serve as a focal point of national leadership and information on 
mechanisms to carry out the purpose of this part.
    ``(c) Review, Dissemination, and Evaluation.--The Secretary shall--
            ``(1) use a peer review process in reviewing applications 
        under this part;
            ``(2) ensure that information on the activities and results 
        of programs and projects funded under this part is disseminated 
        to appropriate State and local agencies and other appropriate 
        organizations, including nonprofit private organizations; and
            ``(3) evaluate the effectiveness of programs under this 
        part in accordance with section 10701, both in terms of the 
        impact on students traditionally served in separate gifted and 
        talented programs and on other students, and submit the results 
        of such evaluation to Congress not later than January 1, 1998.

``SEC. 8407. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated 
$20,000,000 for fiscal year 1995, and such sums as may be necessary for 
each of the 4 succeeding fiscal years, to carry out the provisions of 
this part.
    ``(b) Special Rule.--If the amount appropriated under subsection 
(a) for a fiscal year exceeds $20,000,000, 40 percent of such amount in 
excess of $20,000,000 shall be available for strategies and programs 
designed for the education of gifted and talented students that may be 
adapted and used to improve teaching and learning for all students in a 
school and to help all students in a school develop their talents, 
realize their potential, and meet challenging State content standards 
and challenging State student performance standards, while not 
diminishing the curriculum and instruction for students traditionally 
identified as gifted and talented.

                  ``PART G--WOMEN'S EDUCATIONAL EQUITY

``SEC. 8451. SHORT TITLE; FINDINGS.

    ``(a) Short Title.--This part may be cited as the `Women's 
Educational Equity Act of 1994'.
    ``(b) Findings.--The Congress finds that--
            ``(1) since the enactment of title IX of the Education 
        Amendments of 1972, women and girls have made strides in 
        educational achievement and in their ability to avail 
        themselves of educational opportunities;
            ``(2) because of funding provided under the Women's 
        Educational Equity Act, more curricula, training and other 
        educational materials concerning educational equity for women 
        and girls are available for national dissemination;
            ``(3) significant gender inequities still exist in teaching 
        and learning practices, for example--
                    ``(A) sexual harassment, particularly that 
                experienced by girls, undermines the ability of schools 
                to provide a safe and equitable learning or workplace 
                environment;
                    ``(B) girls may often receive significantly less 
                attention from classroom teachers than boys, and girls 
                of color have less interaction with teachers than all 
                other girls;
                    ``(C) classroom textbooks and other educational 
                materials do not sufficiently reflect the experiences, 
                achievements, or concerns of women and, in most cases, 
                are not written by women or persons of color;
                    ``(D) girls do not take as many mathematics and 
                science courses as boys, girls lose confidence in their 
                mathematics and science ability as girls move through 
                adolescence, there are few women role models in the 
                sciences, and women continue to be concentrated in low-
                paying, traditionally female jobs that do not require 
                mathematics and science skills; and
                    ``(E) pregnant and parenting teenagers are at high 
                risk for dropping out of school and existing dropout 
                prevention programs do not adequately address the needs 
                of such population;
            ``(4) Federal support should address not only research and 
        development of innovative model curricula and teaching and 
        learning strategies to promote gender equity, but should, to 
        the extent feasible, also help schools and local communities 
        implement and institutionalize gender equitable practices;
            ``(5) Federal assistance for gender equity must be tied to 
        systemic reform, involve collaborative efforts to implement 
        effective gender practices at the local level, and encourage 
        parental participation; and
            ``(6) excellence in education, high educational 
        achievements and standards, and the full participation of women 
        and girls in American society cannot be achieved without 
        educational equity for women and girls.

``SEC. 8452. STATEMENT OF PURPOSES.

    ``It is the purpose of this part--
            ``(1) to promote gender equity in education in the United 
        States;
            ``(2) to provide financial assistance to enable educational 
        agencies and institutions to meet the requirements of title IX 
        of the Educational Amendments of 1972; and
            ``(3) to promote equity in education to women and girls who 
        suffer multiple forms of discrimination based on sex, race, 
        ethnic origin, limited-English proficiency, disability, or age.

``SEC. 8453. PROGRAM AUTHORIZED.

    ``The Secretary is authorized to make grants to, and enter into 
contracts and cooperative agreements with, public agencies, private 
nonprofit agencies, organizations, institutions, community groups, and 
individuals, to achieve the purposes of this part by providing support 
and technical assistance for--
            ``(1) the implementation of effective gender-equity 
        policies and practices at all educational levels, including--
                    ``(A) assisting educational agencies and 
                institutions to implement policies and practices to 
                comply with title IX of the Education Amendments of 
                1972;
                    ``(B) training for teachers, counselors, 
                administrators, and other school personnel, especially 
                preschool and elementary school personnel, in gender 
                equitable teaching and learning practices;
                    ``(C) leadership training for women and girls to 
                develop professional and marketable skills to compete 
                in the global marketplace, improve self-esteem, and 
                benefit from exposure to positive role models;
                    ``(D) school-to-work transition programs, other 
                programs to increase opportunities for women and girls 
                to enter a technologically demanding workplace and, in 
                particular, to enter highly skilled, high paying 
                careers in which women and girls have been 
                underrepresented, and guidance and counseling 
                activities;
                    ``(E) enhancing educational and career 
                opportunities for women and girls who suffer multiple 
                forms of discrimination, based on sex and on race, 
                ethnic origin, limited-English proficiency, disability, 
                socioeconomic status, or age;
                    ``(F) assisting pregnant students and students 
                rearing children to remain in or to return to secondary 
                school, graduate, and prepare their preschool children 
                to start school;
                    ``(G) evaluating exemplary model programs to assess 
                the ability of such programs to advance educational 
                equity for women and girls; and
                    ``(H) introduction into the classroom of textbooks, 
                curricula, and other materials designed to achieve 
                equity for women and girls; and
            ``(2) research and development, which shall be coordinated 
        with the Office of Educational Research and Improvement's 
        National Institute on the Education of At-Risk Students to 
        avoid duplication of research efforts, designed to advance 
        gender equity nationwide and to help make policies and 
        practices in educational agencies and institutions and local 
        communities gender-equitable, including--
                    ``(A) research and development designed to advance 
                gender equity, including the development of innovative 
                strategies to improve teaching and learning practices;
                    ``(B) the development of high quality and 
                challenging assessment instruments that are 
                nondiscriminatory;
                    ``(C) the development and evaluation of model 
                curricula, textbooks, software, and other educational 
                materials to ensure the absence of gender stereotyping 
                and bias;
                    ``(D) the development of instruments and procedures 
                that employ new and innovative strategies to assess 
                whether diverse educational settings are gender 
                equitable;
                    ``(E) the development of new dissemination and 
                replication strategies;
                    ``(F) updating high quality educational materials 
                previously developed through awards made under this 
                part; and
                    ``(G) the implementation of nondiscriminatory tests 
                of aptitude and achievement and alternative assessment 
                instruments.

``SEC. 8454. APPLICATIONS.

    ``(a) Applications.--A grant may be made, and a contract or 
cooperative agreement may be entered into, under this part only upon 
application to the Secretary, at such time, in such form, and 
containing or accompanied by such information as the Secretary may 
prescribe, such as--
            ``(1) setting forth policies and procedures that will 
        ensure a comprehensive evaluation of the activities carried out 
        under the project, including an evaluation of the practices, 
        policies, and materials used by the applicant and an evaluation 
        or estimate of the continued significance of the work of the 
        project following completion of the award period;
            ``(2) demonstrating how funds received under this part will 
        be used to promote the attainment of one or more of the 
        National Education Goals;
            ``(3) demonstrating how the applicant will address 
        perceptions of gender roles based on cultural differences or 
        stereotypes;
            ``(4) describing how funds under this part will be used in 
        a manner that is consistent with the School-to-Work 
        Opportunities Act of 1994;
            ``(5) for applications for projects under section 8453(1), 
        demonstrating how the applicant will foster partnerships and 
        share resources with State educational agencies, local 
        educational agencies, institutions of higher education, 
        community-based organizations, and other recipients of Federal 
        educational funding which may include State literacy resource 
        centers; and
            ``(6) for applications for projects under section 8453(1), 
        demonstrating how parental involvement in the project will be 
        encouraged.
    ``(b) Special Rule.--In approving applications under this part, the 
Secretary shall give special consideration to applications--
            ``(1) submitted by applicants that have not received 
        assistance under this part or under part C of title IX of this 
        Act (as such part was in effect on October 1, 1988);
            ``(2) for projects that will contribute significantly to 
        directly improving teaching and learning practices in the local 
        community; and
            ``(3) for projects that will--
                    ``(A) provide for a comprehensive approach to 
                enhancing gender equity in educational institutions and 
                agencies;
                    ``(B) draw on a variety of resources, including 
                local educational agencies, community-based 
                organizations, institutions of higher education, and 
                private organizations;
                    ``(C) implement a strategy with long-term impact 
                that will continue as a central activity of the 
                applicant after the grant has terminated; and
                    ``(D) address issues of national significance that 
                can be duplicated.
    ``(c) Limitation.--Nothing in this part shall be construed as 
prohibiting men and boys from participating in any programs or 
activities assisted under this part.

``SEC. 8455. CRITERIA AND PRIORITIES.

    ``The Secretary shall establish separate criteria and priorities 
for awards under paragraphs (1) and (2) of section 8453 to ensure that 
available funds are used for programs that most effectively will 
achieve the purposes of this part.

``SEC. 8456. REPORT.

    ``The Secretary, by January 1, 1999, shall submit to the President 
and the Congress a report on the status of educational equity for girls 
and women in the Nation.

``SEC. 8457. EVALUATION AND DISSEMINATION.

    ``(a) Evaluation and Dissemination.--The Secretary shall evaluate 
in accordance with section 10701, and disseminate, materials and 
programs developed under this part and shall report to the Congress 
regarding such evaluation materials and programs by January 1, 1998.
    ``(b) Use of Program Funds.--The Secretary is authorized to use 
funds appropriated under section 8458 to gather and disseminate 
information about emerging issues concerning gender equity and, if 
necessary, to convene meetings for this purpose.
    ``(c) Program Operations.--The Secretary shall ensure that the 
programs under this part are administered within the Department by a 
person who has recognized professional qualifications and experience in 
the field of gender equity education and who shall serve as a focal 
point of national leadership and information on mechanisms to carry out 
the purpose of this part.

``SEC. 8458. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this part, there are authorized 
to be appropriated $5,000,000 for fiscal year 1995 and such sums as may 
be necessary for each of the 4 succeeding fiscal years, of which not 
less than two-thirds of the amount appropriated under this section for 
each fiscal year shall be available to carry out the activities 
described in section 8453(1).

            ``PART H--FUND FOR THE IMPROVEMENT OF EDUCATION

``SEC. 8501. FUND FOR THE IMPROVEMENT OF EDUCATION.

    ``(a) Fund Authorized.--From funds appropriated under subsection 
(d), the Secretary is authorized to support nationally significant 
programs and projects to improve the quality of education, assist all 
students to meet challenging State content standards and challenging 
State student performance standards, and contribute to achievement of 
the National Education Goals. The Secretary is authorized to carry out 
such programs and projects directly or through grants to, or contracts 
with, State and local educational agencies, institutions of higher 
education, and other public and private agencies, organizations, and 
institutions.
    ``(b) Uses of Funds.--
            ``(1) In general.--Funds provided under this section may be 
        used for--
                    ``(A) activities that will promote systemic 
                education reform at the State and local levels, such 
                as--
                            ``(i) developing and evaluating strategies 
                        for eliminating ability grouping practices and 
                        developing policies and programs that place all 
                        students on a college-preparatory path of 
                        study, particularly in academic fields such as 
                        mathematics, science, English, and social 
                        studies, including comprehensive inservice 
                        programs for teachers and counselors and 
                        academic enrichment programs that supplement 
                        regular courses for students;
                            ``(ii) developing and evaluating programs 
                        that directly involve parents and family 
                        members in the academic progress of their 
                        children;
                            ``(iii) developing and evaluating 
                        strategies for integrating instruction and 
                        assessment such that teachers and 
                        administrators can focus on what students 
                        should know and be able to do at particular 
                        grade levels, which instruction shall promote 
                        the synthesis of knowledge, encourage the 
                        development of problem-solving skills drawing 
                        on a vast range of disciplines, and promote the 
                        development of higher order thinking by all 
                        students;
                            ``(iv) developing and evaluating strategies 
                        for supporting professional development for 
                        teachers across all disciplines and for 
                        guidance counselors and administrators, 
                        including inservice training that improves the 
                        skills of counselors and administrators in 
                        working with students from diverse populations;
                            ``(v) research and development related to 
                        challenging State content standards and 
                        challenging State student performance standards 
                        for student learning; and
                            ``(vi) the development and evaluation of 
                        model strategies for assessment of student 
                        learning, professional development for teachers 
                        and administrators, parent and community 
                        involvement, and other aspects of systemic 
                        reform;
                    ``(B) demonstrations at the State and local levels 
                that are designed to yield nationally significant 
                results, including approaches to public school choice 
                and school based decisionmaking;
                    ``(C) joint activities with other Federal agencies, 
                such as the National Science Foundation, the Department 
                of Health and Human Services, and the Department of 
                Labor, and with institutions of higher education, to 
                assist the effort to achieve the National Education 
                Goals, including activities related to improving the 
                transition from preschool to school and from school to 
                work, as well as activities related to the integration 
                of education and health and social services;
                    ``(D) activities to promote and evaluate counseling 
                and mentoring for students, including intergenerational 
                mentoring;
                    ``(E) activities to promote and evaluate 
                coordinated pupil services programs;
                    ``(F) activities to promote comprehensive health 
                education;
                    ``(G) activities to promote environmental 
                education;
                    ``(H) activities to promote programs to assist 
                students to demonstrate competence in foreign 
                languages;
                    ``(I) studies and evaluation of various education 
                reform strategies and innovations being pursued by the 
                Federal Government, States, and local educational 
                agencies;
                    ``(J) activities to promote metric education;
                    ``(K) activities to promote consumer education, 
                such as saving, investing, and entrepreneurial 
                education;
                    ``(L) activities to promote experiential-based 
                learning, such as service-learning;
                    ``(M) activities to promote scholar-athlete 
                competitions;
                    ``(N) activities to promote child abuse education 
                and prevention programs;
                    ``(O) activities to raise standards and 
                expectations for academic achievement among all 
                students, especially disadvantaged students 
                traditionally underserved in schools;
                    ``(P) activities to provide the academic support, 
                enrichment and motivation to enable all students to 
                reach such standards;
                    ``(Q) programs designed to promote gender equity in 
                education by evaluating and eliminating gender bias in 
                instruction and educational materials, identifying and 
                analyzing gender inequities in educational practices, 
                and implementing and evaluating educational policies 
                and practices designed to achieve gender equity;
                    ``(R) demonstrations that are designed to test the 
                effectiveness of private management of public 
                educational programs, with at least one demonstration 
                carried out in each of the ten Department of Education 
                regions, and with funds used to support planning, 
                start-up costs and evaluation;
                    ``(S) other programs and projects that meet the 
                purposes of this section; and
                    ``(T) demonstrations that are designed to test 
                whether prenatal education and counseling provided to 
                pregnant students could have a positive effect on 
                pregnancy outcomes, with such education and counseling 
                emphasizing the importance of prenatal care; the value 
                of sound diet and nutrition habits; and the harmful 
                effects of smoking, alcohol and substance abuse on 
                fetal development.
            ``(2) Additional uses.--The Secretary may also use funds 
        provided under this section to complete the project periods for 
        direct grants or contracts awarded under the provisions of the 
        Elementary and Secondary Education Act of 1965, part B of title 
        III of the Augustus F. Hawkins-Robert T. Stafford Elementary 
        and Secondary School Improvement Amendments of 1988, or title 
        III of the Education for Economic Security Act, as such Acts 
        were in effect on the day preceding the date of enactment of 
        the Improving America's Schools Act of 1994.
    ``(c) Awards.--
            ``(1) In general.--The Secretary may--
                    ``(A) make awards under this section on the basis 
                of competitions announced by the Secretary; and
                    ``(B) support meritorious unsolicited proposals.
            ``(2) Special rule.--The Secretary shall ensure that 
        programs, projects, and activities supported under this section 
        are designed so that their effectiveness is readily 
        ascertainable.
            ``(3) Peer review.--The Secretary shall use a peer review 
        process in reviewing applications for grants under this section 
        and may use funds appropriated under subsection (d) for the 
        cost of such peer review.
    ``(d) Authorization.--For the purpose of carrying out this section, 
there are authorized to be appropriated $35,000,000 for fiscal year 
1995 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.

                     ``PART I--BLUE RIBBON SCHOOLS

``SEC. 8551. BLUE RIBBON SCHOOLS PROGRAM.

    ``(a) General Authority.--Subject to subsection (d), the Secretary 
is authorized to carry out programs to recognize elementary and 
secondary schools or programs which have established standards of 
excellence and which have demonstrated a high level of quality. Such 
programs shall be designated as `Blue Ribbon Schools'. In selecting 
schools and programs to be recognized, the Secretary shall 
competitively select public and private schools or programs within 
local educational agencies in the States, schools operated for Indian 
children by the Department of the Interior, and schools operated by the 
Department of Defense for dependents of Department of Defense 
personnel.
    ``(b) Selection Process.--
            ``(1) In general.--The Secretary shall designate, each 
        fiscal year, several categories for a Blue Ribbon Schools 
        program. Such categories may include, but shall not be limited 
        to, outstanding elementary schools, outstanding secondary 
        schools, outstanding mathematics and science programs, or 
        outstanding reading programs.
            ``(2) Selection.--Within each category, the Secretary shall 
        determine the criteria and procedures for selection. Selection 
        for such awards shall be based solely on merit. Schools or 
        programs selected for awards under this section shall not be 
        required to be representative of the States.
    ``(c) Administrative Provisions.--
            ``(1) Consultation.--The Secretary shall carry out the 
        provisions of this section including the establishment of the 
        selection procedures, after consultation with appropriate 
        outside parties.
            ``(2) Application.--No award may be made under this section 
        unless the local educational agency submits an application to 
        the Secretary at such time, in such manner, and containing such 
        information, as the Secretary may reasonably require.
            ``(3) Definition.--For the purposes of this section, the 
        term `State' means each of the several States, the District of 
        Columbia, and the Commonwealth of Puerto Rico.
    ``(d) Blue Ribbon Awards for Correctional Education Programs.--The 
Secretary, through nominations provided by the Office on Correctional 
Education after consultation with representatives of correctional 
education organizations and others active in literacy education, shall 
annually make one or more awards under this section to effective and 
innovative programs for inmate education and literacy.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section.

          ``PART J--NATIONAL STUDENT AND PARENT MOCK ELECTION

``SEC. 8601. NATIONAL STUDENT AND PARENT MOCK ELECTION.

    ``(a) In General.--The Secretary is authorized to award grants in 
every election year to national nonprofit, nonpartisan organizations 
that work to promote voter participation in American elections to 
enable such organizations to carry out voter education activities for 
students and their parents. Such activities shall--
            ``(1) be limited to simulated national elections that 
        permit participation by students and parents from all 50 States 
        in the United States; and
            ``(2) consist of--
                    ``(A) school forums and local cable call-in shows 
                on the national issues to be voted upon in an `issue 
                forum';
                    ``(B) speeches and debates before students and 
                parents by local candidates or stand-ins for such 
                candidates;
                    ``(C) quiz team competitions, mock press 
                conferences and speechwriting competitions;
                    ``(D) weekly meetings to follow the course of the 
                campaign; or
                    ``(E) school and neighborhood campaigns to increase 
                voter turnout, including newsletters, posters, 
                telephone chains, and transportation.
    ``(b) Requirement.--Each organization receiving a grant under this 
section shall present awards to outstanding student and parent mock 
election projects.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $125,000 for each of the fiscal years 1995 through 1999 to 
carry out this section.

          ``PART K--ELEMENTARY SCHOOL COUNSELING DEMONSTRATION

``SEC. 8651. SHORT TITLE.

    ``This part may be cited as the `Elementary School Counseling 
Demonstration Act'.

``SEC. 8652. FINDINGS AND PURPOSE.

    ``(a) Findings.--The Congress finds that--
            ``(1) elementary school children are being subjected to 
        unprecedented social stresses, including fragmentation of the 
        family, drug and alcohol abuse, child abuse, poverty, and 
        violence, and experts indicate that intervention at an early 
        age is the most beneficial;
            ``(2) an increasing number of elementary school children 
        are exhibiting symptoms of distress, such as substance abuse, 
        emotional disorders, academic underachievement, disruptive 
        behavior, juvenile delinquency, and suicide;
            ``(3) elementary school counselors, school psychologists 
        and school social workers can contribute to the personal 
        growth, educational development, and emotional well-being of 
        elementary school children by providing professional 
        counseling, intervention, and referral services;
            ``(4) the average ratio of elementary school counselors to 
        students is 1 to 1,000, the average ratio of school 
        psychologists to students is 1 to 2,500, and the average ratio 
        of school social workers to students is 1 to 2,500;
            ``(5) when there is 1 counselor to 1,000 students, 1 school 
        psychologist to 2,500 students, and 1 school social worker to 
        2,500 students, elementary school counseling programs are 
        seldom adequate;
            ``(6) the Federal Government can help reduce the risk of 
        academic, social, and emotional problems among elementary 
        school children by stimulating the development of model 
        elementary school counseling programs; and
            ``(7) the Federal Government can help reduce the risk of 
        future unemployment and assist the school-to-work transition by 
        stimulating the development of model elementary school 
        counseling programs.
    ``(b) Purpose.--It is the purpose of this part to enhance the 
availability and quality of counseling services for elementary school 
children by providing grants to local educational agencies to enable 
such agencies to establish effective and innovative elementary school 
counseling programs that can serve as national models.

``SEC. 8653. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $10,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this part.

``SEC. 8654. PROGRAM AUTHORITY.

    ``(a) In General.--From amounts appropriated pursuant to the 
authority of section 8653 in any fiscal year, the Secretary shall make 
grants to local educational agencies having applications approved under 
section 8655 to initiate or expand school counseling programs for 
elementary school children.
    ``(b) Priority.--In awarding grants under this part, the Secretary 
shall give special consideration to applications describing programs 
that--
            ``(1) demonstrate the greatest need for new or additional 
        counseling services among the children in the elementary 
        schools served by the applicant;
            ``(2) propose the most promising and innovative approaches 
        for initiating or expanding elementary school counseling; and
            ``(3) show the greatest potential for replication and 
        dissemination.
    ``(c) Equitable Distribution.--In awarding grants under this part, 
the Secretary shall ensure an equitable geographic distribution among 
the regions of the United States and among urban, suburban, and rural 
areas.
    ``(d) Duration.--A grant under this part shall be awarded for a 
period not to exceed 3 years.
    ``(e) Maximum Grant.--A grant under this part shall not exceed 
$400,000 for any fiscal year.

``SEC. 8655. APPLICATIONS.

    ``(a) In General.--Each local educational agency desiring a grant 
under this part shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may reasonably require.
    ``(b) Notification of State Educational Agency.--Before submitting 
an application to the Secretary in accordance with subsection (a), a 
local educational agency shall provide the State educational agency 
with an opportunity to review and comment on the program described in 
such application. The comments of the State educational agency shall be 
appended to the application upon submission of the application to the 
Secretary.
    ``(c) Contents.--Each application for a grant under this part 
shall--
            ``(1) describe the elementary school population to be 
        targeted by the program, the particular personal, social, 
        emotional, educational, and career development needs of such 
        population, and the current school counseling resources 
        available for meeting such needs;
            ``(2) describe the activities, services, and training to be 
        provided by the program and the specific approaches to be used 
        to meet the needs described in paragraph (1);
            ``(3) describe the methods to be used to evaluate the 
        outcomes and effectiveness of the program;
            ``(4) describe the collaborative efforts to be undertaken 
        with institutions of higher education, businesses, labor 
        organizations, community groups, social service agencies, and 
        other public or private entities to enhance the program and 
        promote school-linked services integration;
            ``(5) describe collaborative efforts with institutions of 
        higher education which specifically seek to enhance or improve 
        graduate programs specializing in the preparation of elementary 
        school counselors, school psychologists, and school social 
        workers;
            ``(6) document that the applicant has the personnel 
        qualified to develop, implement, and administer the program;
            ``(7) describe how any diverse cultural populations, if 
        applicable, would be served through the program;
            ``(8) assure that the funds made available under this part 
        for any fiscal year will be used to supplement and, to the 
        extent practicable, increase the level of funds that would 
        otherwise be available from non-Federal sources for the program 
        described in the application, and in no case supplant such 
        funds from non-Federal sources; and
            ``(9) assure that the applicant will appoint an advisory 
        board composed of parents, school counselors, school 
        psychologists, school social workers, other pupil services 
        personnel, teachers, school administrators, and community 
        leaders to advise the local educational agency on the design 
        and implementation of the program.

``SEC. 8656. USE OF FUNDS.

    ``(a) In General.--Grant funds under this part shall be used to 
initiate or expand elementary school counseling programs that comply 
with the requirements in subsection (b).
    ``(b) Program Requirements.--Each program assisted under this part 
shall--
            ``(1) be comprehensive in addressing the personal, social, 
        emotional, and educational needs of all students;
            ``(2) use a developmental, preventive approach to 
        counseling;
            ``(3) increase the range, availability, quantity, and 
        quality of counseling services in the elementary schools of the 
        local educational agency;
            ``(4) expand counseling services only through qualified 
        school counselors, school psychologists, and school social 
        workers;
            ``(5) use innovative approaches to increase children's 
        understanding of peer and family relationships, work and self, 
        decisionmaking, academic and career planning, or to improve 
        social functioning;
            ``(6) provide counseling services that are well-balanced 
        among classroom group and small group counseling, individual 
        counseling, and consultation with parents, teachers, 
        administrators, and other pupil services personnel;
            ``(7) include inservice training for school counselors, 
        school social workers, school psychologists, other pupil 
        services personnel, teachers, and instructional staff;
            ``(8) involve parents of participating students in the 
        design, implementation, and evaluation of a counseling program;
            ``(9) involve collaborative efforts with institutions of 
        higher education, businesses, labor organizations, community 
        groups, social service agencies, or other public or private 
        entities to enhance the program and promote school-linked 
        services integration; and
            ``(10) evaluate annually the effectiveness and outcomes of 
        the counseling services and activities assisted under this 
        part.
    ``(c) Report.--The Secretary shall issue a report evaluating the 
programs assisted pursuant to each grant under this section at the end 
of each grant period in accordance with section 10701, but in no case 
later than January 30, 1998.
    ``(d) Dissemination.--The Secretary shall make the programs 
assisted under this part available for dissemination, either through 
the National Diffusion Network or other appropriate means.
    ``(e) Limit on Administration.--Not more than 5 percent of the 
amounts appropriated pursuant to the authority of section 8653 in any 
fiscal year shall be used to carry out the provisions of this section.

``SEC. 8657. DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `comprehensive' means, with respect to 
        counseling services, a program in which--
                    ``(A) a school counselor, school psychologist, or 
                school social worker uses a range of individual and 
                group techniques and resources in a planned way to meet 
                the personal, social, emotional, educational, and 
                career development needs of all elementary children in 
                a school; and
                    ``(B) a school counselor, school psychologist, or 
                school social worker works directly with children, 
                families, teachers, and other school or agency 
                personnel to create an optimal positive learning 
                environment and personal growth opportunities for all 
                children;
            ``(2) the term `developmental' means, with respect to a 
        school counseling program, a systematically planned program 
        that--
                    ``(A) provides appropriate school counseling 
                interventions to foster the social, emotional, 
                physical, moral, and cognitive growth of elementary 
                school children;
                    ``(B) provides intervention services to help 
                children cope with family, social, emotional, and 
                academic problems; and
                    ``(C) supports and enhances the efforts of 
                families, teachers, and other school personnel to 
                provide children maximum opportunity to acquire 
                competence and skill in self-understanding and 
                appreciation, interpersonal interaction, and 
                educational achievement and literacy;
            ``(3) the term `school counselor' means an individual who 
        has documented competence in counseling children and 
        adolescents in a school setting and who--
                    ``(A) possesses State licensure or certification 
                granted by an independent professional regulatory 
                authority;
                    ``(B) in the absence of such State licensure or 
                certification, possesses national certification in 
                school counseling or a specialty of counseling granted 
                by an independent professional organization; or
                    ``(C) holds a minimum of a master's degree in 
                school counseling from a program accredited by the 
                Council for Accreditation of Counseling and Related 
                Educational Programs or the equivalent;
            ``(4) the term `school psychologist' means an individual 
        who--
                    ``(A) possesses a minimum of 60 graduate semester 
                hours in school psychology from an institution of 
                higher education and has completed 1,200 clock hours in 
                a supervised school psychology internship, of which 600 
                hours shall be in the school setting; and
                    ``(B) possess State licensure or certification in 
                the State in which the individual works; or
                    ``(C) in the absence of such State licensure or 
                certification, possess national certification by the 
                National School Psychology Certification Board;
            ``(5) the term `school social worker' means an individual 
        who holds a master's degree in social work and is licensed or 
        certified by the State in which services are provided or holds 
        a school social work specialist credential; and
            ``(6) the term `supervisor' means an individual who has the 
        equivalent number of years of professional experience in such 
        individual's respective discipline as is required of teaching 
        experience for the supervisor or administrative credential in 
        the State of such individual.

           ``PART L--21ST CENTURY COMMUNITY LEARNING CENTERS

``SEC. 8701. SHORT TITLE.

    ``This part may be cited as the `21st Century Community Learning 
Centers Act'.

``SEC. 8702. FINDINGS.

    ``The Congress finds that--
            ``(1) a local public school often serves as a center for 
        the delivery of education and human services for all members of 
        a community;
            ``(2) public schools, primarily in rural and inner city 
        communities, should collaborate with other public and nonprofit 
        agencies and organizations, local businesses, educational 
        entities (such as vocational and adult education programs, 
        school-to-work programs, community colleges, and universities), 
        recreational, cultural, and other community and human service 
        entities, for the purpose of meeting the needs of, and 
        expanding the opportunities available to, the residents of the 
        communities served by such schools;
            ``(3) by using school facilities, equipment, and resources, 
        communities can promote a more efficient use of public 
        education facilities, especially in rural and inner city areas 
        where limited financial resources have enhanced the necessity 
        for local public schools to become social service centers;
            ``(4) the high technology, global economy of the 21st 
        century will require lifelong learning to keep America's 
        workforce competitive and successful, and local public schools 
        should provide centers for lifelong learning and educational 
        opportunities for individuals of all ages; and
            ``(5) community schools enable the entire communities to 
        develop an education strategy that addresses the educational 
        needs of all members of local communities.

``SEC. 8703. PROGRAM AUTHORIZATION.

    ``(a) Grants by the Secretary.--The Secretary is authorized, in 
accordance with the provisions of this part, to award grants to rural 
and inner-city public elementary or secondary schools, or consortia 
thereof, to enable such schools or consortia to plan, implement, or to 
expand projects that benefit the educational, health, social service, 
cultural, and recreational needs of a rural or inner-city community.
    ``(b) Amount.--The Secretary shall not award a grant under this 
part in any fiscal year in an amount less than $20,000.
    ``(c) Grant Period.--The Secretary shall award grants under this 
part for a period not to exceed 3 years.
    ``(d) Equitable Distribution.--In awarding grants under this part, 
the Secretary shall assure an equitable distribution of assistance 
among the States, among urban and rural areas of the United States, and 
among urban and rural areas of a State.

``SEC. 8704. APPLICATION REQUIRED.

    ``(a) Application.--To be eligible to receive a grant under this 
part, an elementary or secondary school or consortium shall submit an 
application to the Secretary at such time and in such manner as the 
Secretary may reasonably prescribe. Each such application shall 
include--
            ``(1) a comprehensive local plan that enables such school 
        or consortium to serve as a center for the delivery of 
        education and human services for members of a community;
            ``(2) an evaluation of the needs, available resources, and 
        goals and objectives for the proposed project in order to 
        determine which activities will be undertaken to address such 
        needs; and
            ``(3) a description of the proposed project, including--
                    ``(A) a description of the mechanism that will be 
                used to disseminate information in a manner that is 
                understandable and accessible to the community;
                    ``(B) identification of Federal, State, and local 
                programs to be merged or coordinated so that public 
                resources may be maximized;
                    ``(C) a description of the collaborative efforts to 
                be undertaken by community-based organizations, related 
                public agencies, businesses, or other appropriate 
                organizations;
                    ``(D) a description of how the school or consortium 
                will act as a delivery center for existing and new 
                services; and
                    ``(E) an assurance that the school or consortium 
                will establish a facility utilization policy that 
                specifically states--
                            ``(i) the rules and regulations applicable 
                        to building and equipment use; and
                            ``(ii) supervision guidelines.
    ``(b) Priority.--The Secretary shall give priority to applications 
describing projects that offer a broad selection of services.

``SEC. 8705. USES OF FUNDS.

    ``Grants awarded under this part may be used to plan, implement, or 
expand community learning centers which include not less than 4 of the 
following activities:
            ``(1) Literacy education programs.
            ``(2) Senior citizen programs.
            ``(3) Children's day care services.
            ``(4) Integrated education, health, social service, 
        recreational, or cultural programs.
            ``(5) Summer and weekend school programs that are 
        coordinated with summer recreation programs.
            ``(6) Nutrition programs.
            ``(7) Expanded library service hours to serve community 
        needs.
            ``(8) Telecommunications and technology education programs 
        for individuals of all ages.
            ``(9) Parenting skills education programs.
            ``(10) Support and training for child day care providers.
            ``(11) Employment counseling, training, and placement.
            ``(12) Services for individuals who leave school before 
        graduating from secondary school, regardless of the age of such 
        individual.
            ``(13) Services for individuals who are either physically 
        or mentally challenged.

``SEC. 8706. DEFINITIONS.

    ``For the purpose of this part, the term `community learning 
center' means an entity within a public elementary or secondary school 
building that--
            ``(1) provides educational, recreational, health, and 
        social service programs for residents of all ages within a 
        local community; and
            ``(2) is operated by a local educational agency in 
        conjunction with local governmental agencies, businesses, 
        vocational education programs, community colleges, and 
        cultural, recreational, and other community and human service 
        entities.

``SEC. 8707. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $20,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this part.

                        ``PART M--MODEL PROJECTS

``SEC. 8751. MODEL PROJECTS.

    ``(a) Program Authorized.--The Secretary is authorized to award 
grants to cultural institutions to enable such institutions to develop 
and expand model projects of outreach activities for at-risk children 
in the communities served by such institutions, including activities 
which integrate such institution's cultural programming with other 
disciplines, including environmental, mathematics, and science 
programs.
    ``(b) Priority.--In awarding grants under this section the 
Secretary shall give priority to activities that are part of an overall 
State, local, and private commitment, seek to improve learning for at-
risk youth, and are substantially funded by State, local, or private 
funds.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
part.

                 ``PART N--EXTENDING TIME FOR LEARNING

``SEC. 8801. FINDINGS.

    ``The Congress finds that--
            ``(1) the Commission on Time and Learning has found that--
                    ``(A) realizing the third National Education Goal, 
                that states all students will leave grades four, eight 
                and twelve having demonstrated competency in 
                challenging subject matter, including English, 
                mathematics, science, foreign languages, civics and 
                government, economics, arts, history, and geography, 
                will require considerably more common core learning 
                time than most students now receive;
                    ``(B) ensuring that all students learn to high 
                standards will require flexibility and innovation in 
                the use of common core learning time, as well as the 
                rest of the time students spend both during and beyond 
                the school day;
                    ``(C) teachers need regular, sustained time for 
                lesson development, collegial collaboration and other 
                professional development; and
                    ``(D) schools, businesses, community-based 
                organizations, tribal leaders, and other community 
                agencies and members should work together to foster 
                effective learning and enrichment programs and 
                activities for students, including programs that 
                operate outside of the regular school day or year;
            ``(2) increasing the amount and duration of intensive, 
        engaging and challenging learning activities geared to high 
        standards can increase student motivation and achievement;
            ``(3) the benefits of extending learning time, including 
        common core instructional time, can be maximized by concurrent 
        changes in curriculum and instruction, such as accelerated 
        learning, and engaging, interactive instruction based on 
        challenging content; and
            ``(4) maximizing the benefit of increased common core and 
        other learning time will require the collaboration and 
        cooperation of teachers and administrators, students, parents, 
        community members and organizations, businesses and others to 
        develop strategies to meet the needs of students during and 
        beyond the school day and year.

``SEC. 8802. PURPOSE.

    ``It is the purpose of this part to provide seed money to schools 
and local educational agencies to enable such agencies to devise and 
implement strategies and methods for upgrading the quality of, and 
extending, challenging, engaging learning time geared to high standards 
for all students.

``SEC. 8803. PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary is authorized to award grants to 
local educational agencies having applications approved under section 
8804 to enable such agencies to carry out the authorized activities 
described in section 8805 in public elementary and secondary schools.
    ``(b) Amount.--Each grant under subsection (a) shall be awarded in 
an amount not more than $100,000.
    ``(c) Duration.--Each grant under subsection (a) shall be awarded 
for a period of not more than 3 years.

``SEC. 8804. APPLICATION.

    ``Each local educational agency desiring a grant under this part 
shall submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary may 
require. Each such application shall describe--
            ``(1) the activities for which assistance is sought;
            ``(2) any study or other information-gathering project for 
        which funds will be used;
            ``(3) strategies and methods the applicant will use to 
        enrich and extend learning time for all students and to 
        maximize the percentage of common core learning time in the 
        school day, such as block scheduling, team teaching, longer 
        school days or years, and extending learning time through new 
        distance-learning technologies;
            ``(4) the strategies and methods the applicant will use, 
        including changes in curriculum and instruction, to challenge 
        and engage students and to maximize the productiveness of 
        common core learning time, as well as the total time students 
        spend in school and in school-related enrichment activities;
            ``(5) the extent of involvement of teachers and other 
        school personnel in investigating, designing, implementing and 
        sustaining the activities assisted under this part;
            ``(6) the process to be used for involving parents and 
        other stakeholders in the development and implementation of the 
        activities assisted under this part;
            ``(7) any cooperation or collaboration among public housing 
        authorities, libraries, businesses, museums, community-based 
        organizations, and other community groups and organizations to 
        extend engaging, high-quality, standards-based learning time 
        outside of the school day or year, at the school or at some 
        other site;
            ``(8) the training and professional development activities 
        that will be offered to teachers and others involved in the 
        activities assisted under this part;
            ``(9) the goals and objectives of the activities assisted 
        under this part, including a description of how such activities 
        will assist all students to reach State standards;
            ``(10) the methods by which the applicant will assess 
        progress in meeting such goals and objectives; and
            ``(11) how the applicant will use funds provided under this 
        part in coordination with other funds provided under this Act 
        or other Federal laws.

``SEC. 8805. AUTHORIZED ACTIVITIES.

    ``Funds under this part may be used--
            ``(1) to study the feasibility of, and effective methods 
        for, extending learning time within or beyond the school day or 
        year, including consultation with other schools or local 
        educational agencies that have designed or implemented extended 
        learning time programs;
            ``(2) to conduct outreach to and consult with community 
        members, including parents, students, and other stakeholders, 
        such as tribal leaders, to develop a plan to extend learning 
        time within or beyond the school day or year;
            ``(3) to develop and implement an outreach strategy that 
        will encourage collaboration with public housing authorities, 
        libraries, businesses, museums, community-based organizations, 
        and other community groups and organizations to coordinate 
        challenging, high-quality educational activities outside of the 
        school day or year;
            ``(4) to research, develop and implement strategies, 
        including changes in curriculum and instruction, for maximizing 
        the quality and percentage of common core learning time in the 
        school day and extending learning time during or beyond the 
        school day or year;
            ``(5) to provide professional development for school staff 
        in innovative teaching methods that challenge and engage 
        students, and also increase the productivity of extended 
        learning time; and
            ``(6) to develop strategies to include parents, business 
        representatives, and other community members in the extended 
        time activities, especially as facilitators of activities that 
        enable teachers to have more time for planning, individual 
        student assistance, and professional development activities.

``SEC. 8806. ADMINISTRATION.

    ``(a) Peer Review.--The Secretary shall award grants under this 
part pursuant to a peer review process.
    ``(b) Diversity.--In awarding grants under this part the Secretary 
shall ensure that such grants are awarded to a diversity of local 
educational agencies, including such agencies that serve rural and 
urban areas.
    ``(c) Priority.--The Secretary shall give priority to awarding 
grants under this part to local educational agencies that serve schools 
with high percentages of students in poverty.

``SEC. 8807. DEFINITIONS.

    ``For the purpose of this part the term `common core learning time' 
means high-quality, engaging instruction in challenging content in each 
of the following core academic subjects described in the third National 
Education Goal:
            ``(1) English.
            ``(2) Mathematics.
            ``(3) Science.
            ``(4) Foreign languages.
            ``(5) Civics and government.
            ``(6) Economics.
            ``(7) Arts.
            ``(8) History.
            ``(9) Geography.

``SEC. 8808. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $20,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this part.

                      ``PART O--LONGER SCHOOL YEAR

``SEC. 8851. SHORT TITLE.

    ``This part may be cited as the `Longer School Year Incentive Act 
of 1994'.

``SEC. 8852. FINDINGS.

    ``The Congress finds as follows:
            ``(1) A competitive world economy requires that students in 
        the United States receive education and training that is at 
        least as rigorous and high-quality as the education and 
        training received by students in competitor countries.
            ``(2) Despite our Nation's transformation from a farm-based 
        economy to one based on manufacturing and services, the school 
        year is still based on the summer needs of an agrarian economy.
            ``(3) For most students in the United States, the school 
        year is 180 days long. In Japan students go to school 243 days 
        per year, in Germany students go to school 240 days per year, 
        in Austria students go to school 216 days per year, in Denmark 
        students go to school 200 days per year, and in Switzerland 
        students go to school 195 days per year.
            ``(4) In the final four years of schooling, students in 
        schools in the United States spend a total of 1,460 hours on 
        core academic subjects, less than half of the 3,528 hours so 
        spent in Germany, the 3,280 hours so spent in France, and the 
        3,170 hours so spent in Japan.
            ``(5) American students' lack of formal schooling is not 
        counterbalanced with more homework. The opposite is true, as 
        half of all European students report spending at least two 
        hours on homework per day, compared to only 29 percent of 
        American students. Twenty-two percent of American students 
        watch five or more hours of television per day, while less than 
        eight percent of European students watch that much television.
            ``(6) More than half of teachers surveyed in the United 
        States cite `children who are left on their own after school' 
        as a major problem.
            ``(7) Over the summer months, disadvantaged students not 
        only fail to advance academically, but many forget much of what 
        such students had learned during the previous school year.
            ``(8) Funding constraints as well as the strong pull of 
        tradition have made extending the school year difficult for 
        most States and school districts.
            ``(9) Experiments with extended and multi-track school 
        years have been associated with both increased learning and 
        more efficient use of school facilities.

``SEC. 8853. PURPOSE.

    ``It is the purpose of this part to allow the Secretary to provide 
financial incentives and assistance to States or local educational 
agencies to enable such States or agencies to substantially increase 
the amount of time that students spend participating in quality 
academic programs, and to promote flexibility in school scheduling.

``SEC. 8854. PROGRAM AUTHORIZED.

    ``The Secretary is authorized to award grants to States or local 
educational agencies to enable such States or agencies to support 
public school improvement efforts that include the expansion of time 
devoted to core academic subjects and the extension of the school year 
to not less than 210 days.

``SEC. 8855. APPLICATION.

    ``Any State or local educational agency desiring assistance under 
this part shall submit to the Secretary an application at such time, in 
such manner, and accompanied by such information as the Secretary may 
require.

``SEC. 8856. APPROPRIATIONS AUTHORIZATION.

    ``For the purpose of carrying out this part there are authorized to 
be appropriated $100,000,000 for fiscal year 1995 and such sums as may 
be necessary for each of the succeeding fiscal years.

            ``PART P--CREATING SMALLER LEARNING COMMUNITIES

``SEC. 8871. FINDINGS.

    ``The Congress finds that--
            ``(1) smaller school communities can have a significant, 
        positive impact on student achievement, including grade 
        promotion, school attendance and motivation;
            ``(2) large schools can benefit from reorganization into 
        smaller learning communities, such as schools-within-schools; 
        and
            ``(3) smaller learning communities can provide students 
        with a variety of educational options based on various themes, 
        while providing all students engaging, innovative instruction 
        in challenging curricula that will enable such communities to 
        meet State standards.

``SEC. 8872. PURPOSE.

    ``It is the purpose of this part to improve the quality and 
effectiveness of teaching and learning by encouraging and supporting 
school and school district efforts to create smaller schools, including 
those that exist as schools-within-schools.

``SEC. 8873. PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary is authorized to award grants to 
local educational agencies having applications approved under section 
8854 to enable such agencies to carry out the authorized activities 
described in section 8875 in public elementary and secondary schools.
    ``(b) Amount.--Each grant under subsection (a) shall be awarded in 
an amount not more than $100,000.
    ``(c) Duration.--Each grant under subsection (a) shall be awarded 
for a period of not more than 3 years.

``SEC. 8874. APPLICATION.

    ``Each local educational agency desiring a grant under this part 
shall submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary may 
require. Each such application shall describe--
            ``(1) strategies and methods the applicant will use to 
        create the smaller learning community or communities;
            ``(2) curriculum and instructional practices, including any 
        particular themes or emphases, to be used in the learning 
        environment;
            ``(3) the extent of involvement of teachers and other 
        school personnel in investigating, designing, implementing and 
        sustaining the smaller learning community or communities;
            ``(4) the process to be used for involving students, 
        parents and other stakeholders in the development and 
        implementation of the smaller learning community or 
        communities;
            ``(5) any cooperation or collaboration among community 
        agencies, organizations, businesses, and others to develop or 
        implement a plan to create the smaller learning community or 
        communities;
            ``(6) the training and professional development activities 
        that will be offered to teachers and others involved in the 
        activities assisted under this part;
            ``(7) the goals and objectives of the activities assisted 
        under this part, including a description of how such activities 
        will better enable all students to reach challenging State 
        content standards and State student performance standards;
            ``(8) the methods by which the applicant will assess 
        progress in meeting such goals and objectives;
            ``(9) if the smaller learning community or communities 
        exist as a school-within-a-school, the relationship, including 
        governance and administration, of the smaller learning 
        community to the rest of the school;
            ``(10) a description of the administrative and managerial 
        relationship between the local educational agency and the 
        smaller learning community or communities, including how such 
        agency will demonstrate a commitment to the continuity of the 
        smaller learning community or communities, including the 
        continuity of student and teacher assignment to a particular 
        learning community;
            ``(11) how the applicant will coordinate or use funds 
        provided under this part with other funds provided under this 
        Act or other Federal laws;
            ``(12) grade levels or ages of students who will 
        participate in the smaller learning community or communities; 
        and
            ``(13) the method of placing students in the smaller 
        learning community or communities, such that students are not 
        placed according to ability, performance or any other measure, 
        so that students are placed at random or by their own choice, 
        not pursuant to testing or other judgments.

``SEC. 8875. AUTHORIZED ACTIVITIES.

    ``Funds under this part may be used--
            ``(1) to study the feasibility of creating the smaller 
        learning community or communities as well as effective and 
        innovative organizational and instructional strategies that 
        will be used in the smaller learning community or communities;
            ``(2) to research, develop and implement strategies for 
        creating the smaller learning community or communities, as well 
        as effective and innovative changes in curriculum and 
        instruction, geared to high State content standards and State 
        student performance standards;
            ``(3) to provide professional development for school staff 
        in innovative teaching methods that challenge and engage 
        students to be used in the smaller learning community or 
        communities; and
            ``(4) to develop and implement strategies to include 
        parents, business representatives, local institutions of higher 
        education, community-based organizations, and other community 
        members in the smaller learning communities, as facilitators of 
        activities that enable teachers to participate in professional 
        development activities, as well as to provide links between 
        students and their community.

``SEC. 8876. ADMINISTRATION.

    ``(a) Peer Review.--The Secretary shall award grants under this 
part pursuant to a peer review process.
    ``(b) Diversity.--In awarding grants under this part the Secretary 
shall ensure that such grants are awarded to a diversity of local 
educational agencies, including such agencies that serve rural and 
urban areas.
    ``(c) Priority.--The Secretary shall give priority to awarding 
grants under this part to local educational agencies that serve schools 
with high percentages of students in poverty.
    ``(d) Special Rule.--In awarding grants under this part, the 
Secretary shall ensure that such grants are awarded for authorized 
activities described in section 8855 that serve a diversity of grade 
spans.

``SEC. 8877. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $20,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this part.

      ``PART Q--PARTNERSHIPS IN CHARACTER EDUCATION PILOT PROJECT

``SEC. 8901. PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary is authorized to make up to a 
total of 10 grants annually to partnerships of State educational 
agencies and local educational agencies for the design and 
implementation of character education programs that incorporate the 
elements of character listed in section 8904, as well as other 
character elements identified by applicants.
    ``(b) Maximum Amount of Grant.--No State educational agency shall 
receive more than a total of $1,000,000 in grants under this part.
    ``(c) Duration.--Each grant under this part shall be awarded for a 
period not to exceed 5 years, of which the State educational agency 
shall not use more than 1 year for planning and program design.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated for fiscal year 1995 $6,000,000, and such sums as may be 
necessary for each fiscal year thereafter to carry out this part.

``SEC. 8902. STATE EDUCATIONAL AGENCY APPLICATIONS.

    ``(a) Requirement.--Each State educational agency desiring a grant 
under this part shall submit an application to the Secretary at such 
time and in such manner as the Secretary may require.
    ``(b) Partnerships.--Each State educational agency desiring a grant 
under this part shall form a partnership with at least one local 
educational agency to be eligible for funding. The partnership shall--
            ``(1) pursue State and local initiatives to meet the 
        objectives of this part; and
            ``(2) establish a character education clearinghouse at the 
        State level to make information and materials available to 
        local educational agencies.
    ``(c) Application.--Each application under this part shall 
include--
            ``(1) a list of the local educational agencies entering 
        into the partnership with the State educational agency;
            ``(2) a description of the goals of the partnership;
            ``(3) a description of activities that will be pursued by 
        the participating local educational agencies, including--
                    ``(A) how parents, students, and other members of 
                the community, including members of private and 
                nonprofit organizations, will be involved in the design 
                and implementation of the program;
                    ``(B) curriculum and instructional practices;
                    ``(C) methods of teacher training and parent 
                education that will be used or developed; and
                    ``(D) examples of activities that will be carried 
                out under this part;
            ``(4) a description of how the State educational agency 
        will provide technical and professional assistance to its local 
        educational agency partners in the development and 
        implementation of character education programs;
            ``(5) a description of how the State educational agency 
        will evaluate the success of local programs and how local 
        educational agencies will evaluate the progress of their own 
        programs;
            ``(6) a description of how the State educational agency 
        will assist other interested local educational agencies that 
        are not members of the original partnership in designing and 
        establishing programs;
            ``(7) a description of how the State educational agency 
        will establish a clearinghouse for information on model 
        programs, materials, and other information the State and local 
        educational agencies determine to be appropriate;
            ``(8) an assurance that the State educational agency will 
        annually provide to the Secretary such information as may be 
        required to determine the effectiveness of the program; and
            ``(9) any other information that the Secretary may require.
    ``(d) Non-Partner Local Educational Agencies.--Any local 
educational agency that was not a partner with the State when the 
application was submitted may become a partner by submitting an 
application for partnership to the State educational agency, containing 
such information that the State educational agency may require.

``SEC. 8903. EVALUATION AND PROGRAM DEVELOPMENT.

    ``(a) Requirement.--Each State educational agency receiving a grant 
under this part shall submit to the Secretary a comprehensive 
evaluation of the program assisted under this part, including the 
impact on students, teachers, administrators, parents, and others--
            ``(1) by the mid-term of the program; and
            ``(2) not later than 1 year after completion of such 
        program.
    ``(b) Contracts for Evaluation.--Each State educational agency 
receiving a grant under this part may contract with outside sources, 
including institutions of higher education, and private and nonprofit 
organizations, for purposes of evaluating their program and measuring 
the success of the program toward fostering in students the elements of 
character listed in section 8904.
    ``(c) Factors.--Factors which may be considered in evaluating the 
success of the program may include--
            ``(1) discipline problems;
            ``(2) students' grades;
            ``(3) participation in extracurricular activities;
            ``(4) parental and community involvement;
            ``(5) faculty and administration involvement; and
            ``(6) student and staff morale.
    ``(d) Materials and Program Development.--Local educational 
agencies, after consulting with the State educational agency, may 
contract with outside sources, including institutions of higher 
education, and private and nonprofit organizations, for assistance in 
developing curriculum, materials, teacher training, and other 
activities related to character education.

``SEC. 8904. ELEMENTS OF CHARACTER.

    ``(a) In General.--Applicants desiring funding under this part 
shall develop character education programs that incorporate the 
following elements of character:
            ``(1) Caring.
            ``(2) Civic virtue and citizenship.
            ``(3) Justice and fairness.
            ``(4) Respect.
            ``(5) Responsibility.
            ``(6) Trustworthiness.
            ``(7) Any other elements deemed appropriate by the members 
        of the partnership.
    ``(b) Additional Elements of Character.--A local educational agency 
participating under this part may, after consultation with schools and 
communities of such agency, define additional elements of character 
that the agency determines to be important to the schools and 
communities of such agency.

``SEC. 8905. USE OF FUNDS.

    ``Of the total funds received by a State educational agency in any 
fiscal year under this part--
            ``(1) not more than 30 percent of such funds may be 
        retained by the State educational agency, of which--
                    ``(A) not more than 10 percent of such funds may be 
                used for administrative purposes; and
                    ``(B) the remainder of such funds may be used for--
                            ``(i) collaborative initiatives with local 
                        educational agencies;
                            ``(ii) the establishment of the 
                        clearinghouse, preparation of materials, 
                        teacher training; and
                            ``(iii) other appropriate activities; and
            ``(2) the remaining of such funds shall be used to award 
        subgrants to local educational agencies, of which--
                    ``(A) not more than 10 percent of such funds may be 
                retained for administrative purposes; and
                    ``(B) the remainder of such funds may be used to--
                            ``(i) award subgrants to schools within the 
                        local educational agency; and
                            ``(ii) pursue collaborative efforts with 
                        the State educational agency.

``SEC. 8906. SELECTION OF GRANTEES.

    ``(a) Criteria.--The Secretary shall select, through peer review, 
partnerships to receive grants under this part on the basis of the 
quality of the applications submitted under section 8902, taking into 
consideration such factors as--
            ``(1) the quality of the activities proposed by local 
        educational agencies;
            ``(2) the extent to which the program fosters in students 
        the elements of character;
            ``(3) the extent of parental, student, and community 
        involvement;
            ``(4) the number of local educational agencies involved in 
        the effort;
            ``(5) the quality of the plan for measuring and assessing 
        success; and
            ``(6) the likelihood that the goals of the program will be 
        realistically achieved.
    ``(b) Diversity of Projects.--The Secretary shall approve 
applications under this part in a manner that ensures, to the extent 
practicable, that programs assisted under this part--
            ``(1) serve different areas of the Nation, including urban, 
        suburban, and rural areas; and
            ``(2) serve schools that serve minorities, Native 
        Americans, students of limited-English proficiency, and 
        disadvantaged students.

                   ``PART R--ALASKA NATIVE EDUCATION

``SEC. 8921. SHORT TITLE.

    ``This part may be cited as the `Alaska Native Educational Equity, 
Support and Assistance Act'.

``SEC. 8922. FINDINGS.

    ``The Congress finds and declares:
            ``(1) The attainment of educational success is critical to 
        the betterment of the conditions, long term well being and 
        preservation of the culture of Alaska Natives.
            ``(2) It is the policy of the Federal Government to 
        encourage the maximum participation by Alaska Natives in the 
        planning and the management of Alaska Native education 
        programs.
            ``(3) Alaska Native children enter and exit school with 
        serious educational handicaps.
            ``(4) The educational achievement of Alaska Native children 
        is far below national norms. In addition to low Native 
        performance on standardized tests, Native student drop out 
        rates are high, and Natives are significantly underrepresented 
        among holders of baccalaureate degrees in the State of Alaska. 
        As a result Native students are being denied their opportunity 
        to become full participants in society by grade school and high 
        school educations that are condemning an entire generation to 
        an underclass status and a life of limited choices.
            ``(5) The programs authorized herein, combined with 
        expanded Head Start, infant learning and early childhood 
        education programs, and parent education programs are essential 
        if educational handicaps are to be overcome.
            ``(6) The sheer magnitude of the geographic barriers to be 
        overcome in delivering educational services in rural and 
        village Alaska should be addressed through the development and 
        implementation of innovative, model programs in a variety of 
        areas.
            ``(7) Congress finds that Native children should be 
        afforded the opportunity to begin their formal education on a 
        par with their non-Native peers. The Federal Government should 
        lend support to efforts developed by and undertaken within the 
        Alaska Native community to improve educational opportunity for 
        all students.

``SEC. 8923. PURPOSE.

    ``It is the purpose of this part to--
            ``(1) recognize the unique educational needs of Alaska 
        Natives;
            ``(2) authorize the development of supplemental educational 
        programs to benefit Alaska Natives;
            ``(3) supplement existing programs and authorities in the 
        area of education to further the purposes of this part; and
            ``(4) provide direction and guidance to appropriate 
        Federal, State and local agencies to focus resources, including 
        resources made available under this part, on meeting the 
        educational needs of Alaska Natives.

``SEC. 8924. ALASKA NATIVE EDUCATIONAL PLANNING, CURRICULUM 
              DEVELOPMENT, TEACHER TRAINING AND RECRUITMENT PROGRAM.

    ``(a) General Authority.--The Secretary shall make direct grants to 
Alaska Native organizations or educational entities with experience in 
developing or operating Alaska Native programs or programs of 
instruction conducted in Alaska Native languages, or to partnerships 
involving Alaska Native organizations, for the following purposes:
            ``(1) Educational planning.--The consolidation of existing 
        educational plans, recommendations and research into 
        implementation methods and strategies to improve schooling for 
        Alaska Natives.
            ``(2) Implementation of educational plans.--The adoption 
        and implementation of specific educational plans developed 
        under subsection (1) above.
            ``(3) Curricula.--The development of curricula to address 
        the needs of Alaska Native students, particularly elementary 
        and secondary school students, which may include innovative 
        programs and pilot and demonstration programs to develop and 
        introduce curriculum materials that reflect cultural 
        diversities or the contributions of Alaska Native people, 
        programs of instruction conducted in Native languages, and the 
        development of networks to introduce successful techniques, 
        programs and curriculum materials to rural and urban schools, 
        including:
                    ``(A) multimedia social studies curricula which 
                fully and accurately portray the role of Native 
                Americans historically and contemporarily; and
                    ``(B) curricula and teaching materials for 
                instructions in Native languages.
            ``(4) Preteacher training.--The development and 
        implementation of preteacher training program in order to 
        ensure that student teachers within the State of Alaska, 
        particularly student teachers who are likely to be employed in 
        schools with a high concentration of Alaska Native students, 
        are prepared to better address the cultural diversity and 
        unique needs of Alaska Native students;
            ``(5) Teacher recruitment.--The development and 
        implementation of teacher recruitment programs to meet the 
        objectives of--
                    ``(A) increasing the numbers of teachers who are 
                Alaska Natives;
                    ``(B) enhancing teacher recruitment within 
                communities with a high concentration of Alaska Native 
                students; and
                    ``(C) improving the teacher selection processes in 
                order to recruit teachers who are more positively 
                responsive to rural conditions and who are suited for 
                effective cross-cultural instruction.
            ``(6) Inservice teacher training.--The development and 
        implementation of inservice teacher training programs in order 
        to ensure that teachers are prepared to better address the 
        unique needs of Alaska Native students.
    ``(b) Administrative Costs.--Not more than 10 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section. Funds appropriated under the authority of this subsection 
shall remain available until expended.

``SEC. 8925. ALASKA NATIVE HOME BASED EDUCATION FOR PRESCHOOL CHILDREN.

    ``(a) General Authority.--The Secretary shall make direct grants to 
Alaska Native organizations or educational entities with experience in 
developing or operating Alaska Native programs, or to partnerships 
involving Alaska Native organizations, to implement home instruction 
programs for Alaska Native preschool youngsters. The objective of such 
programs shall be to develop parents as educators for their children 
and to assure the active involvement of parents in the education of 
their children from the earliest ages.
    ``(b) Program Elements.--Home based education programs for Alaska 
Native children shall include--
            ``(1) parent-infant programs for prenatal through three-
        year olds;
            ``(2) preschool programs for four- and five-year olds;
            ``(3) training, education and support programs to teach 
        parents skills in observation, reading readiness, story telling 
        and critical thinking;
            ``(4) continued research and development; and
            ``(5) a long term followup and assessment program.
    ``(c) Eligibility of HIPPY Programs.--Programs based on the HIPPY 
(Home Instruction Program for Preschool Youngsters) model shall be 
eligible for funding under this section.
    ``(d) Administrative Costs.--Not more than 10 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated $2,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section. Funds appropriated under the authority of this subsection 
shall remain available until expended.

``SEC. 8926. ALASKA NATIVE STUDENT ENRICHMENT PROGRAMS.

    ``(a) General Authority.--The Secretary shall make a grant or 
grants to Alaska Native educational organizations or educational 
entities with experience in developing or operating Alaska Native 
programs, or to partnerships including Alaska Native organizations, for 
enrichment programs for Alaska Native students in the areas of science 
and mathematics education. The programs shall be designed to--
            ``(1) prepare qualified students from rural areas who are 
        preparing to enter village high schools to excel in science and 
        mathematics; and
            ``(2) provide those support services to the families of 
        such students that are needed to enable such students to 
        benefit from the program.
    ``(b) Uses of Funds.--The program funded under this section may 
include--
            ``(1) the identification of the students eligible to 
        participate in the program;
            ``(2) the conduct of educational, psychosocial, and 
        developmental activities which hold reasonable promise of 
        resulting in substantial enrichment of the educational 
        performance of the participating students;
            ``(3) leadership programs designed to provide for the 
        replication of the program in other subject matter areas and 
        the dissemination of information derived from the program; and
            ``(4) appropriate research, evaluation and related 
        activities pertaining to the benefits of such enrichment 
        programs.
    ``(c) Administrative Costs.--Not more than 10 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section. Funds appropriated under the authority of this subsection 
shall remain available until expended.

``SEC. 8927. ADMINISTRATIVE PROVISIONS.

    ``(a) Application Required.--No grant may be made under this part, 
nor any contract be entered into under this part, unless an application 
is submitted to the Secretary in such form, in such manner, and 
containing such information as the Secretary may determine necessary to 
carry out the provisions of this part.
    ``(b) Applications by Local School Districts or State Educational 
Entities.--Local school districts or State educational entities shall 
apply for funding under this Part in partnership with Alaska Native 
organizations.
    ``(c) Consultation Required.--Each applicant for funding shall 
provide for ongoing advice from and consultation with representatives 
of the Alaska Native community.
    ``(d) Local Educational Agency Coordination.--Each local 
educational agency serving students who will participate in the program 
for which assistance is sought shall be informed regarding each 
application submitted under this part: Provided, That approval by or 
concurrence from such local educational agency shall not be required.
    ``(e) Implementation of Authorities.--The Secretary shall 
expeditiously obligate funds appropriated as provided in this part.

``SEC. 8928. DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `Alaska Native' has the same meaning as the 
        term `Native' has in section 3(b) of the Alaska Native Claims 
        Settlement Act.
            ``(2) the term `Alaska Native organization' means a 
        federally recognized tribe, consortium of tribes, regional 
        nonprofit Native association, and other Alaska Native 
        organizations that:
                    ``(A) has or commits to acquire expertise in the 
                education of Alaska Natives; and
                    ``(B) has Alaska Natives in substantive and policy-
                making positions within the organization.

            ``PART S--PROMOTING SCHOLAR-ATHLETE COMPETITIONS

``SEC. 8931. FINDINGS.

    ``The Congress finds that--
            ``(1) athletic and intellectual competition can be a force 
        for understanding and friendship among an economically and 
        culturally diverse population;
            ``(2) the World Scholar-Athlete Games in 1993 brought 
        together 2,000 young scholars ranging in age from 16 to 19 who 
        are talented in art, creative writing, poetry, singing or 
        athletics, from 125 countries and all 50 States; and
            ``(3) through experiences on the playing field, in group 
        discussions and informal gatherings, scholar-athlete 
        competitions can foster understanding, acceptance and 
        friendship among students who might otherwise never interact.

``SEC. 8932. PURPOSE.

    ``It is the purpose of this part to provide authorization for the 
establishment of a model educational, athletic, and cultural event 
that--
            ``(1) is intended to bring together academically qualified 
        youth of diverse cultural, economic, and social backgrounds;
            ``(2) is replicated by each State; and
            ``(3) invites adult and student leaders in education, 
        business and government representing all 50 States to attend 
        and observe the model event, including such event's educational 
        and cultural programs, so that such leaders are qualified to 
        administer similar events in their home States.

``SEC. 8933. PROGRAM AUTHORIZED.

    ``(a) Program Authorized.--
            ``(1) In general.--(A) If funds are appropriated pursuant 
        to the authority of subsection (c) for fiscal year 1995, the 
        Secretary is authorized to award a grant to a nonprofit 
        organization to enable such organization to carry out model 
        scholar-athlete games in accordance with the purpose of this 
        part.
            ``(B) If funds are appropriated pursuant to the authority 
        of subsection (c) for fiscal year 1996, the Secretary is 
        authorized to award a grant to a nonprofit organization to 
        reimburse such organization for the costs of conducting 
        scholar-athlete games in 1995.
            ``(2) Special rule.--Scholar-athlete games assisted under 
        this part shall be held in 1995.
            ``(3) Priority.--In awarding grants under this part, the 
        Secretary shall give priority to a nonprofit organization 
        that--
                    ``(A) is described in section 501(c)(3) of, and 
                exempt from taxation under section 501(a) of, the 
                Internal Revenue Code of 1986, and is affiliated with a 
                university capable of hosting a large educational, 
                cultural, and athletic event that will serve as a 
                national model;
                    ``(B) has the capability to administer federally 
                funded scholar-athlete programs;
                    ``(C) has the ability to provide matching funds, on 
                a dollar-for-dollar basis, from foundations and the 
                private sector for the purpose of conducting a scholar-
                athlete program;
                    ``(D) has the organizational structure and 
                capability to administer a model scholar-athlete 
                program in the summer of 1995;
                    ``(E) has the organizational structure and 
                expertise to replicate the scholar-athlete program in 
                various venues throughout the United States in 1996 and 
                thereafter, as well as replicate such program 
                internationally; and
                    ``(F) the Secretary determines has plans for 
                conducting scholar-athlete games after 1995 without 
                Federal assistance.
    ``(b) Payments.--From the amount authorized to be appropriated 
pursuant to the authority of subsection (c) for fiscal year 1995, the 
Secretary is authorized to make grant payments of 50 percent of such 
amount at the beginning of such year and the remaining 50 percent of 
such amount incrementally according to procedures established by the 
Secretary.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 for each of the fiscal years 1995 and 1996 to 
carry out this part.

                ``PART T--COMMUNITY SCHOOL PARTNERSHIPS

``SEC. 8941. SHORT TITLE.

    ``This part may be cited as the `Community School Partnership Act'.

``SEC. 8942. FINDINGS.

    ``The Congress finds that--
            ``(1) the local community, when properly organized and 
        challenged, is one of the best sources of academic support, 
        motivation toward achievement, and financial resources for 
        aspiring postsecondary students;
            ``(2) local communities, working to complement or augment 
        services currently being offered by area schools and colleges, 
        can raise the educational expectations and increase the rate of 
        postsecondary attendance of their youth by forming locally 
        based organizations that provide both academic support 
        (including guidance, counseling, mentoring, tutoring, 
        encouragement, and recognition) and tangible, locally raised, 
        effectively targeted, publicly recognized financial assistance;
            ``(3) proven methods of stimulating these community efforts 
        can be promoted through Federal support for the establishment 
        of area program centers to organize and challenge community 
        efforts to develop educational incentives and support for local 
        students; and
            ``(4) using Federal funds to leverage private contributions 
        to help students from low-income families attain educational 
        and career goals is an efficient and effective investment of 
        scarce taxpayer-provided resources.

``SEC. 8943. DEFINITIONS.

    ``As used in this part:
            ``(1) Area program center.--The term `area program center' 
        means an organization that--
                    ``(A) is part of, responsible to, and overseen by, 
                the national organization; and
                    ``(B) is staffed by professionals trained to 
                create, develop, and sustain local affiliated chapters 
                in towns, cities, and neighborhoods.
            ``(2) Local affiliated chapter.--The term `local affiliated 
        chapter' means an organization that--
                    ``(A) is a nonprofit organization that is described 
                in section 501(c)(3) of the Internal Revenue Code of 
                1986, and exempt from taxation under section 501(a) of 
                such Code (or shall meet this criteria through 
                affiliation with the national organization described in 
                paragraph (3));
                    ``(B) is formed for the purpose of providing 
                educational scholarships and academic support for 
                residents of the local community served by such 
                organization;
                    ``(C) solicits broad-based community support in its 
                academic support and fund-raising activities;
                    ``(D) is broadly representative of the local 
                community in the structures of its volunteer-operated 
                organization and has a board of directors that includes 
                leaders from local neighborhood organizations and 
                neighborhood residents, such as school or college 
                personnel, parents, students, community agency 
                representatives, and representatives of the business 
                community;
                    ``(E) awards scholarships without regard to age, 
                sex, marital status, race, creed, color, religion, 
                national origin or the presence of any mental, sensory, 
                or physical disability; and
                    ``(F) gives priority in awarding scholarships to 
                students from low-income families in the local 
                community.
            ``(3) National organization.--The term `national 
        organization' means an organization that--
                    ``(A) has the capacity to create, develop and 
                sustain local affiliated chapters;
                    ``(B) has the capacity to sustain newly created 
                local affiliated chapters in towns, cities, and 
                neighborhoods through ongoing training and support 
                programs;
                    ``(C) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986, and exempt from taxation 
                under section 501(a) of such Code;
                    ``(D) is a publicly supported organization within 
                the meaning of section 170(b)(1)(A)(vi) of such Code;
                    ``(E) ensures that each of its local affiliated 
                chapters meet the criteria described in subparagraphs 
                (C) and (D); and
                    ``(F) has a program for or experience in 
                cooperating with secondary and postsecondary 
                institutions in carrying out its scholarship and 
                academic support activities.
            ``(4) High-poverty area.--The term `high-poverty area' 
        means a community with a higher percentage of children in 
        poverty than the national average of such percentage.
            ``(5) Students from low-income families.--The term 
        `students from low-income families' means students determined, 
        pursuant to part F of title IV of the Higher Education Act of 
        1965, to be eligible for a Federal Pell Grant under subpart 1 
        of part A of title IV of such Act.

``SEC. 8944. PURPOSE; ENDOWMENT GRANT AUTHORITY.

    ``(a) Purpose.--It is the purpose of this title to establish and 
support area program centers to enable such centers to foster the 
development of local affiliated chapters in high-poverty areas that 
promote higher education goals for students from low-income families 
by--
            ``(1) providing academic support, including guidance, 
        counseling, mentoring, tutoring, and recognition; and
            ``(2) providing scholarship assistance for the pursuit of 
        postsecondary education.
    ``(b) Endowment Grant Authority.--From the funds appropriated 
pursuant to the authority of section 8947, the Secretary competitively 
award an endowment grant to a national organization to enable such 
organization to support the establishment or ongoing work of area 
program centers that foster the development of local affiliated 
chapters in high-poverty areas to improve high school graduation rates 
and postsecondary attendance through the provision of academic support 
services and scholarship assistance for the pursuit of postsecondary 
education.

``SEC. 8945. GRANT AGREEMENT AND REQUIREMENTS.

    ``(a) In General.--The Secretary shall award the endowment grant 
described in section 8944(b) pursuant to an agreement between the 
Secretary and the national organization. Such agreement shall--
            ``(1) require the national organization to establish an 
        endowment fund in the amount of the grant, the corpus of which 
        shall remain intact and the interest income from which shall be 
        used to support the activities described in paragraphs (2) and 
        (3);
            ``(2) require the national organization to use 25 percent 
        of the interest income from the endowment fund in any fiscal 
        year to provide scholarships for students from low-income 
        families, which scholarships shall be matched on a dollar-for-
        dollar basis from funds raised by local affiliated chapters;
            ``(3) require the national organization to use 75 percent 
        of the interest income from the endowment fund in any fiscal 
        year to support the establishment or ongoing work of area 
        program centers to enable such centers to work with local 
        communities to establish local affiliated chapters in high-
        poverty areas and provide ongoing technical assistance, 
        training workshops, and other activities to help ensure the 
        ongoing success of the local affiliated chapters;
            ``(4) require the area program centers supported by the 
        national organization to give priority to establishing local 
        affiliated chapters that serve high-poverty areas;
            ``(5) require the national organization to submit, in each 
        fiscal year in which such organization uses the interest from 
        the endowment fund, a report to the Secretary that contains--
                    ``(A) a description of the programs and activities 
                supported by the interest on the endowment fund;
                    ``(B) the audited financial statement of the 
                national organization for the preceding fiscal year;
                    ``(C) a plan for the programs and activities to be 
                supported from the interest on the endowment fund 
                during the 5 succeeding fiscal years;
                    ``(D) or is accompanied by such evaluation of the 
                programs and activities supported by the interest on 
                the endowment fund as the Secretary may require; and
                    ``(E) data indicating the number of students from 
                low-income families who received scholarships from 
                local affiliated chapters, and the amounts of such 
                scholarships;
            ``(6) contain such assurances as the Secretary may require 
        with respect to the management and operation of the endowment 
        fund;
            ``(7) require that, in order to continue using the interest 
        from the endowment fund, the national organization will meet 
        the continuing eligibility requirements described in section 
        8946; and
            ``(8) contain an assurance that if the Secretary determines 
        that such organization is not in substantial compliance with 
        the provisions of this title, then the national organization 
        shall pay to the Secretary an amount equal to the corpus of the 
        endowment fund plus any accrued interest on such fund that is 
        available to the national organization on the date of such 
        determination.
    ``(b) Returned Funds.--All funds returned to the Secretary pursuant 
to subsection (a)(8) shall be available to the Secretary to carry out 
any scholarship or grant program assisted under title IV of the Higher 
Education Act of 1965.

``SEC. 8946. CONTINUING ELIGIBILITY.

    ``The national organization shall be eligible to continue to use 
the interest from the endowment fund in accordance with the provisions 
of this title in the third and each such succeeding fiscal year in 
which such organization uses such interest only if the local affiliated 
chapters associated with all area program centers supported under this 
part distribute to students from low-income families 80 percent of the 
total amount of funds raised by all such chapters in such year.

``SEC. 8947. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $10,000,000 for fiscal 
year 1995 to carry out this title.

                      ``TITLE IX--SPECIAL PROGRAMS

                          ``PART A--IMPACT AID

``SEC. 9001. PURPOSE.

    ``In order to fulfill the Federal responsibility to assist with the 
provision of educational services to federally connected children, 
because certain activities of the Federal Government place a financial 
burden on the local educational agencies serving areas where such 
activities are carried out and to help such children meet challenging 
State standards, it is the purpose of this part to provide financial 
assistance to local educational agencies that--
            ``(1) experience a substantial and continuing financial 
        burden due to the acquisition of real property by the United 
        States;
            ``(2) educate children who reside on Federal property and 
        whose parents are employed on Federal property;
            ``(3) educate children of parents who are in the military 
        services and children who live in low-rent housing;
            ``(4) experience sudden and substantial increases or 
        decreases in enrollments because of military realignments; or
            ``(5) need special assistance with capital expenditures for 
        construction activities because of the enrollments of 
        substantial numbers of children who reside on Federal lands.

``SEC. 9002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

    ``(a) In General.--Where the Secretary, after consultation with any 
local educational agency and with the appropriate State educational 
agency, determines for a fiscal year ending prior to October 1, 1999--
            ``(1) that the United States owns Federal property in the 
        local educational agency, and that such property--
                    ``(A) has been acquired by the United States since 
                1938;
                    ``(B) was not acquired by exchange for other 
                Federal property in the local educational agency which 
                the United States owned before 1939; and
                    ``(C) had an assessed value (determined as of the 
                time or times when so acquired) aggregating 10 percent 
                or more of the assessed value of--
                            ``(i) all real property in the local 
                        educational agency (similarly determined as of 
                        the time or times when such Federal property 
                        was so acquired); or
                            ``(ii) all real property in the local 
                        educational agency as assessed in the first 
                        year preceding or the year succeeding 
                        acquisition, whichever is greater, only if--
                                    ``(I) the assessment of all real 
                                property in the local educational 
                                agency is not made at the same time or 
                                times that such Federal property was so 
                                acquired and assessed; and
                                    ``(II) State law requires an 
                                assessment be made of property so 
                                acquired; and
            ``(2) that such agency is not being substantially 
        compensated for the loss in revenue resulting from such 
        ownership by increases in revenue accruing to the agency from 
        the conduct of Federal activities with respect to such Federal 
        property,
then the local educational agency shall be eligible to receive for such 
fiscal year such amount as, in the judgment of the Secretary, is equal 
to the continuing Federal responsibility for the additional financial 
burden with respect to current expenditures placed on such agency by 
such acquisition of property.
    ``(b) Amount.--
            ``(1) In general.--(A)(i) The amount that a local 
        educational agency shall be paid under subsection (a) for a 
        fiscal year shall be calculated in accordance with paragraph 
        (2), except that such amount shall be reduced by the Secretary 
        by an amount equal to the amount of revenue, if any, that such 
        agency received during the previous fiscal year from activities 
        conducted on such property.
            ``(ii) For purposes of clause (i), the amount of revenue 
        that a local educational agency receives during the previous 
        fiscal year from activities conducted on Federal property shall 
        not include payments received by the agency from the Secretary 
        of Defense to support--
                    ``(I) the operation of a domestic dependent 
                elementary or secondary school; or
                    ``(II) the provision of a free public education to 
                dependents of members of the Armed Forces residing on 
                or near a military installation.
            ``(B) If funds appropriated under section 9014(a) are 
        insufficient to pay the amount determined under subparagraph 
        (A), the Secretary shall ratably reduce the payment to each 
        eligible local educational agency.
            ``(C) Notwithstanding any other provision of this 
        subsection, a local educational agency may not be paid an 
        amount under this section that when added to the amount such 
        agency receives under section 9003(b)(2) exceeds the maximum 
        amount that such agency is eligible to receive for such fiscal 
        year under section 9003(b)(1)(C).
            ``(2) Application of current levied real property tax 
        rate.--In making a determination of the amount that would have 
        been derived in such year under paragraph (1)(A), the Secretary 
        shall apply the current levied real property tax rate for 
        current expenditures levied by fiscally independent local 
        educational agencies or imputed, for fiscally dependent local 
        educational agencies, to the current annually determined 
        aggregate assessed value of such acquired Federal property.
            ``(3) Determination of aggregate assessed value.--Such 
        aggregate assessed value of such acquired Federal property 
        shall be determined (on the basis of the highest and best use 
        of property adjacent to such acquired Federal property as of 
        the time such value is determined), and provided to the 
        Secretary, by the local official responsible for assessing the 
        value of real property located in the jurisdiction of such 
        local educational agency for the purpose of levying a property 
        tax.
    ``(c) Applicability to Tennessee Valley Authority Act.--For the 
purposes of this section, any real property with respect to which 
payments are being made under section 13 of the Tennessee Valley 
Authority Act of 1933 shall not be regarded as Federal property.
    ``(d) Ownership by United States.--The United States shall be 
deemed to own Federal property for the purposes of this Act, where--
            ``(1) prior to the transfer of Federal property, the United 
        States owned Federal property meeting the requirements of 
        subparagraphs (A), (B), and (C) of subsection (a)(1); and
            ``(2) the United States transfers a portion of the property 
        referred to in paragraph (1) to another nontaxable entity, and 
        the United States--
                    ``(A) restricts some or any construction on such 
                property;
                    ``(B) requires that the property be used in 
                perpetuity for the public purposes for which the 
                property was conveyed;
                    ``(C) requires the grantee of the property to 
                report to the Federal Government (or its agent) 
                regarding information on the use of the property;
                    ``(D) except with the approval of the Federal 
                Government (or its agent), prohibits the sale, lease, 
                assignment, or other disposal of the property unless 
                such sale, lease, assignment, or other disposal is to 
                another eligible government agency; and
                    ``(E) reserves to the Federal Government a right of 
                reversion at any time the Federal Government (or its 
                agent) deems it necessary for the national defense.
    ``(e) District Containing Forest Service Land and Serving Certain 
Counties.--Beginning with fiscal year 1995, a school district shall be 
deemed to meet the requirements of subsection (a)(1)(C) if such school 
district meets the following requirements:
            ``(1) The school district contains between 20,000 and 
        60,000 acres of land that has been acquired by the Forest 
        Service of the Department of Agriculture between 1915 and 1990, 
        as demonstrated by written evidence from the Forest Service 
        satisfactory to the Secretary.
            ``(2) The school district serves a county certified by 
        State law in 1875 or 1890.
    ``(f) Special Rule.--Beginning with fiscal year 1994, and 
notwithstanding any other provision of law limiting the period during 
which fiscal year 1994 funds may be obligated, the Secretary of 
Education shall treat the local educational agency serving the 
Wheatland R-II School District, Wheatland, Missouri, as meeting the 
eligibility requirements of section 2(a)(1)(C) of the Act of September 
30, 1950 (Public Law 874, 81st Congress) (20 U.S.C. 237(a)(1)(C)) or 
section 9003(a)(1)(C) of the Elementary and Secondary Education Act of 
1965.

``SEC. 9003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

    ``(a) Computation of Payment.--
            ``(1) In general.--For the purpose of computing the amount 
        that a local educational agency is eligible to receive under 
        subsection (b), (d), or (f) for any fiscal year, the Secretary 
        shall determine the number of children who were in average 
        daily attendance in the schools of such agency, and for whom 
        such agency provided free public education, during the 
        preceding school year and who, while in attendance at such 
        schools--
                    ``(A)(i) resided on Federal property with a parent 
                employed on Federal property situated in whole or in 
                part within the boundaries of the school district of 
                such agency; or
                    ``(ii) resided on Federal property with a parent 
                who is an official of, and accredited by, a foreign 
                government and is a foreign military officer;
                    ``(B) resided on Federal property and had a parent 
                on active duty in the uniformed services (as defined in 
                section 101 of title 37, United States Code);
                    ``(C) resided on Indian lands;
                    ``(D)(i) had a parent on active duty in the 
                uniformed services (as defined by section 101 of title 
                37, United States Code) but did not reside on Federal 
                property; or
                    ``(ii) had a parent who is an official of, and has 
                been accredited by, a foreign government and is a 
                foreign military officer but did not reside on Federal 
                property;
                    ``(E) resided in low-rent housing;
                    ``(F) resided on Federal property and is not 
                described in subparagraph (A) or (B); or
                    ``(G) resided with a parent employed on Federal 
                property situated--
                            ``(i) in whole or in part in the county in 
                        which the school district of such agency is 
                        located, or in whole or in part in the school 
                        district of such agency if the school district 
                        is located in more than one county; or
                            ``(ii) if not in such county or district, 
                        in whole or in part in the same State as the 
                        school district of such agency.
            ``(2) Determination of weighted student units.--For 
        purposes of computing the basic support payment under 
        subsection (b), the Secretary shall calculate the total number 
        of weighted student units for a local educational agency by 
        adding together the results obtained by the following 
        computations:
                    ``(A) Multiply the number of children described in 
                subparagraphs (A) and (B) of paragraph (1) by a factor 
                of 1.0.
                    ``(B) Multiply the number of children described in 
                paragraph (1)(C) by a factor of 1.25.
                    ``(C) Multiply the number of children described in 
                subparagraphs (D) and (E) of paragraph (1) by a factor 
                of .10.
                    ``(D) Multiply the number of children described in 
                subparagraphs (F) and (G) of paragraph (1) by a factor 
                of .05.
    ``(b) Basic Support Payments and Payments With Respect to Fiscal 
Years in Which Insufficient Funds Are Appropriated.--
            ``(1) Basic support payments.--
                    ``(A) In general.--From the amount appropriated 
                under section 9014(b) for a fiscal year, the Secretary 
                is authorized to make basic support payments to 
                eligible local educational agencies with children 
                described under subsection (a).
                    ``(B) Eligibility.--A local educational agency 
                shall be eligible to receive a basic support payment 
                under subparagraph (A) for a fiscal year with respect 
                to a number of children determined under subsection (a) 
                only if the number of children so determined with 
                respect to such agency amounts to the lesser of--
                            ``(i) at least 400 such children; or
                            ``(ii) a number of such children which 
                        equals at least 3 percent of the total number 
                        of children who were in average daily 
                        attendance, during such year, at the schools of 
                        such agency and for whom such agency provided 
                        free public education.
                    ``(C) Maximum amount.--The maximum amount that a 
                local educational agency is eligible to receive under 
                this subsection for any fiscal year is the sum of the 
                total weighted student units, as computed under 
                subsection (a)(2), multiplied by the greater of--
                            ``(i) one-half of the average per pupil 
                        expenditure of the State in which the local 
                        educational agency is located for the third 
                        fiscal year preceding the fiscal year for which 
                        the determination is made;
                            ``(ii) one-half of the average per pupil 
                        expenditures of all of the States for the third 
                        fiscal year preceding the fiscal year for which 
                        the determination is made;
                            ``(iii) the comparable local contribution 
                        rate certified by the State, as determined 
                        under regulations prescribed to carry out the 
                        Act of September 30, 1950 (Public Law 874, 81st 
                        Congress), as such regulations were in effect 
                        on January 1, 1994; or
                            ``(iv) the average per pupil expenditure of 
                        the State in which the local educational agency 
                        is located, multiplied by the local 
                        contribution percentage.
            ``(2) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--
                    ``(A) In general.--For any fiscal year in which the 
                sums appropriated under section 9014(b) are 
                insufficient to pay to each local educational agency 
                the full amount computed under paragraph (1), the 
                Secretary shall make payments in accordance with this 
                paragraph.
                    ``(B) Learning opportunity threshold payments.--(i) 
                For fiscal years described in subparagraph (A), the 
                Secretary shall compute a learning opportunity 
                threshold payment (hereafter in this title referred to 
                as the `threshold payment') by multiplying the amount 
                obtained under paragraph (1)(C) by the total percentage 
                obtained by adding--
                            ``(I) the percentage of federally connected 
                        children for each local educational agency 
                        determined by calculating the fraction, the 
                        numerator of which is the total number of 
                        children described under subsection (a)(1) and 
                        the denominator of which is the total number of 
                        children in average daily attendance at the 
                        schools served by such agency; and
                            ``(II) the percentage that funds under 
                        paragraph (1)(C) represent of the total budget 
                        of the local educational agency, determined by 
                        calculating the fraction, the numerator of 
                        which is the total amount of funds calculated 
                        for each local educational agency under this 
                        subsection (not including amounts received 
                        under subsection (f)), and the denominator of 
                        which is the total current expenditures for 
                        such agency in the second preceding fiscal year 
                        for which the determination is made.
                    ``(ii) Such total percentage used to calculate 
                threshold payments under paragraph (1) shall not exceed 
                100.
                    ``(iii) For the purpose of determining the 
                percentages described in subclauses (I) and (II) of 
                clause (i) that are applicable to the local educational 
                agency providing free public education to students in 
                grades 9 through 12 residing on Hanscom Air Force Base, 
                Massachusetts, the Secretary shall consider only that 
                portion of such agency's total enrollment of students 
                in grades 9 through 12 when calculating the percentage 
                under such subclause (I) and only that portion of the 
                total current expenditures attributed to the operation 
                of grades 9 through 12 in such agency when calculating 
                the percentage under subclause (II).
                    ``(C) Ratable distribution.--For fiscal years 
                described in subparagraph (A), the Secretary shall make 
                payments as a ratable distribution based upon the 
                computation made under subparagraph (B).
    ``(c) Prior Year Data.--All calculations under this section shall 
be based upon data for each local educational agency from not later 
than the first fiscal year preceding the fiscal year for which the 
agency is making application for payment.
    ``(d) Children With Disabilities.--
            ``(1) In general.--From the amount appropriated under 
        section 9014(c) for a fiscal year, the Secretary shall pay to 
        each eligible local educational agency, on a pro rata basis, 
        the amounts determined by--
                    ``(A) multiplying the number of children described 
                in subparagraphs (A)(ii), (B) and (C) of subsection 
                (a)(1) who are eligible to receive services under the 
                Individuals with Disabilities Education Act by a factor 
                of 1.0; and
                    ``(B) multiplying the number of children described 
                in subparagraph (D) of subsection (a)(1) who are 
                eligible to receive services under such Act by a factor 
                of 0.5.
            ``(2) Use of funds.--A local educational agency that 
        receives funds under paragraph (1) shall use such funds to 
        provide a free appropriate public education to children 
        described in paragraph (1) in accordance with the Individuals 
        with Disabilities Education Act.
    ``(e) Hold-Harmless Amounts.--
            ``(1) In general.--Except as provided in paragraph (3), the 
        total amount that the Secretary shall pay a local educational 
        agency under subsection (b) shall not be less than 95 percent 
        of the amount such agency received for the preceding fiscal 
        year--
                    ``(A) in the case of fiscal year 1995 only, under 
                section 3 of the Act of September 30, 1950 (Public Law 
                874, 81st Congress); or
                    ``(B) in the case of fiscal years 1996, 1997, 1998, 
                or 1999, under such subsection (b).
            ``(2) Two-year applicability.--The provisions of paragraph 
        (1) shall apply to any one local educational agency for a 
        maximum of two consecutive fiscal years, except that in the 
        second such year the total amount the Secretary shall pay a 
        local educational agency under subsection (b) shall not be less 
        than 85 percent of the amount such agency received under such 
        subsection in the preceding fiscal year.
            ``(3) Ratable reductions.--(A)(i) If necessary in order to 
        make payments to local educational agencies in accordance with 
        paragraph (1), the Secretary first shall ratably reduce 
        payments under subsection (b) to local educational agencies 
        that do not receive a payment under this subsection.
            ``(ii) If additional funds become available for making 
        payments under paragraph (1) for such fiscal year, payments 
        that were reduced under clause (i) shall be increased on the 
        same basis as such payments were reduced.
            ``(B)(i) If the sums made available under this part for any 
        fiscal year are insufficient to pay the full amounts that all 
        local educational agencies in all States are eligible to 
        receive under paragraphs (1) and (2) after the application of 
        subparagraph (A) for such year, the Secretary shall ratably 
        reduce payments to all such agencies for such year.
            ``(ii) If additional funds become available for making 
        payments under paragraphs (1) and (2) for such fiscal year, 
        payments that were reduced under clause (i) shall be increased 
        on the same basis as such payments were reduced.
    ``(f) Additional Assistance for Heavily Impacted Local Educational 
Agencies.--
            ``(1) Reservation.--From amounts appropriated under section 
        9014(b) for a fiscal year, the Secretary shall provide 
        additional assistance to meet special circumstances relating to 
        the provision of education in local educational agencies 
        eligible to receive assistance under this section.
            ``(2) Eligibility.--(A) A local educational agency shall be 
        eligible to receive additional assistance under this subsection 
        only if such agency--
                    ``(i)(I) has an enrollment of federally connected 
                children described in subsection (a)(1) which 
                constitutes at least 50 percent of the total student 
                enrollment of such agency; and
                    ``(II) has a tax rate for general fund purposes 
                which is at least 95 percent of the average tax rate 
                for general fund purposes of comparable local 
                educational agencies in the State;
                    ``(ii)(I) has an enrollment of federally connected 
                children described in subsection (a)(1) which 
                constitutes at least 35 percent of the total student 
                enrollment of such agency; and
                    ``(II) has a tax rate for general fund purposes 
                which is at least 125 percent of the average tax rate 
                for general fund purposes of comparable local 
                educational agencies in the State; or
                    ``(iii) is a local educational agency whose 
                boundaries are the same as a Federal military 
                installation.
            ``(B) If the current expenditures in those local 
        educational agencies which the Secretary has determined to be 
        generally comparable to the local educational agency for which 
        a computation is made under subsection (b)(1)(C) are not 
        reasonably comparable because of unusual geographical factors 
        which affect the current expenditures necessary to maintain, in 
        such agency, a level of education equivalent to that maintained 
        in such other agencies, then the Secretary shall increase the 
        local contribution rate for such agency by such an amount which 
        the Secretary determines will compensate such agency for the 
        increase in current expenditures necessitated by such unusual 
        geographical factors. The amount of any such supplementary 
        payment may not exceed the per-pupil share (computed with 
        regard to all children in average daily attendance), as 
        determined by the Secretary, of the increased current 
        expenditures necessitated by such unusual geographic factors.
            ``(C) Any local educational agency determined eligible 
        under clause (iii) of subparagraph (A) shall be deemed to have 
        met the tax efforts requirements for eligibility under clause 
        (i)(II) or (ii)(II) of such subparagraph.
            ``(3) Maximum payments.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary shall determine the maximum amount that a 
                local educational agency may receive under this 
                subsection in accordance with the following 
                computations:
                            ``(i) The Secretary shall first determine 
                        the greater of--
                                    ``(I) the average per pupil 
                                expenditure of the State in which the 
                                local educational agency is located;
                                    ``(II) the average per pupil 
                                expenditure of generally comparable 
                                school districts located in the State 
                                of the local educational agency, as 
                                defined in regulations issued by the 
                                Secretary; or
                                    ``(III) the average per pupil 
                                expenditure of three generally 
                                comparable school districts located in 
                                the State of the local educational 
                                agency, as defined in regulations 
                                issued by the Secretary.
                            ``(ii) The Secretary shall next subtract 
                        from the amount determined under clause (i) the 
                        total amount of general fund revenues received 
                        by the local educational agency from any 
                        general fund source per pupil, other than 
                        revenues provided under this subsection.
                            ``(iii) The Secretary shall next multiply 
                        the amount determined under clause (ii) by the 
                        total number of students in average daily 
                        attendance of the local educational agency.
                            ``(iv) If the tax rate used by the local 
                        educational agency is greater than 95 percent, 
                        but less than 100 percent, of the tax rate of 
                        comparable school districts, the Secretary 
                        shall next multiply the amount determined under 
                        clause (iii) by the percentage that the tax 
                        rate of the local educational agency is of--
                                    ``(I) the average tax rate of its 
                                generally comparable school districts; 
                                or
                                    ``(II) the average tax rate of all 
                                the school districts in the State in 
                                which the local educational agency is 
                                located.
                            ``(v) The Secretary shall next subtract the 
                        total amount of payments received by a local 
                        educational agency under subsections (b) and 
                        (d) for a fiscal year from the amount 
                        determined under clause (iii) or clause (iv), 
                        as the case may be.
                    ``(B) Special rule.--(i) With respect to payments 
                under this subsection for a local educational agency 
                described in clause (ii) or (iii) of paragraph (2)(A), 
                the maximum amount of such payments shall be computed 
                by taking the product of the average per pupil 
                expenditure in all States multiplied by .7, except that 
                such amount may not exceed 125 percent of the average 
                per pupil expenditure in all local educational agencies 
                in the State, and multiplying such product by the 
                number of students who are served by such local 
                educational agency and described in subparagraph (A) or 
                (B) of subsection (a)(1).
                    ``(ii) The payment under this subsection that a 
                local educational agency described in clauses (ii) and 
                (iii) of paragraph (2)(A) shall receive in any fiscal 
                year shall be equal to the maximum amount described in 
                clause (i) minus the amount of payments such agency 
                receives under subsections (b) and (d) for such year.
            ``(4) Current year data.--The Secretary shall, for purposes 
        of providing assistance under this subsection, use--
                    ``(A) student and revenue data from the fiscal year 
                for which the local educational agency is applying for 
                assistance under this subsection; and
                    ``(B) the most recent data available on per-pupil 
                cost adjusted to reflect per-pupil cost made current by 
                increasing or decreasing the per-pupil expenditure data 
                for the second fiscal year preceding the fiscal year 
                for which the determination is made by the same 
                percentage increase or decrease reflected between the 
                per-pupil expenditure data for the fourth fiscal year 
                preceding the fiscal year for which the determination 
                is made and the per-pupil expenditure data for such 
                second year.
            ``(5) Determination for fiscal year 1994.--Notwithstanding 
        the proviso referring to section 3(d)(2)(B) of Public Law 81-
        874 under the following heading ``IMPACT AID'' under title III 
        of the Departments of Labor, Health and Human services and 
        Education, and Related Agencies Appropriations Act of 1994, or 
        any provision of paragraph (2) of section 3(d) of such Public 
        Law which is consistent with this proviso, determinations 
        regarding the eligibility for an amount of payments under 
        section 3(d)(2)(B) of such Public Law for fiscal year 1994 
        shall be made on the basis of 1994 data, and related Department 
        regulations in effect during fiscal year 1992 shall be used in 
        the tabulation of payments.
            ``(6) Reduction in payments.--If funds appropriated to 
        carry out this subsection are insufficient to pay in full the 
        amounts determined under paragraph (3), the Secretary shall 
        ratably reduce the payment to each eligible local educational 
        agency.
    ``(g) Additional Payments for Local Educational Agencies With High 
Concentrations of Children With Severe Disabilities.--
            ``(1) In general.--If any local educational agency receives 
        Federal funds from sources other than this part to carry out 
        the purposes of this part for any fiscal year due to the 
        enrollment of children described under subsection (a), then the 
        Secretary shall consider such funds as a payment to such agency 
        under this part for such fiscal year.
            ``(2) Special rule.--Notwithstanding any other provision of 
        law, if funds appropriated pursuant to section 9014(b) for 
        payments under subsection (b) to such agency for a fiscal year 
        which when added to the funds described in paragraph (1) 
        received by such agency for such fiscal year exceed the maximum 
        amount described under subsection (b)(1)(C), then the Secretary 
        shall make available from the funds appropriated under section 
        9014(b) for such fiscal year such excess amounts to any local 
        educational agency serving two or more children described under 
        subparagraph (B) or (D) of section 9003(a)(1) who have a severe 
        disability and a parent serving in the uniformed services (as 
        defined by section 101 of title 37, United States Code) and 
        assigned to a particular permanent duty station for 
        compassionate reasons (compassionate post assignment) for the 
        total costs associated with such children who are provided an 
        educational program provided outside the schools of such 
        agency.
            ``(3) Remaining funds.--If funds remain after payments are 
        made under paragraph (2) for any fiscal year, then such 
        remaining funds shall be made available for expenditures under 
        subsection (d) in such fiscal year on a pro rata basis 
        consistent with the requirements of such subsection.
            ``(4) Ratable reductions.--If amounts available to carry 
        out paragraph (2) for any fiscal year are insufficient to pay 
        in full the total payment that all eligible local educational 
        agencies are eligible to receive under such paragraph for such 
        year, then the Secretary shall ratably reduce such payments to 
        such agencies for such year.
    ``(h) Other Funds.--Notwithstanding any other provision of law, a 
local educational agency receiving funds under this section may also 
receive funds under section 6 of the Act of September 30, 1950 (Public 
Law 874, 81st Congress) or such section's successor authority.
    ``(i) Maintenance of Effort.--A local educational agency may 
receive funds under this part for any fiscal year only if the State 
educational agency finds that either the combined fiscal effort per 
student or the aggregate expenditures of that agency and the State with 
respect to the provision of free public education by that agency for 
the preceding fiscal year was not less than 90 percent of such combined 
fiscal effort or aggregate expenditures for the second preceding fiscal 
year.

``SEC. 9004. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON 
              INDIAN LANDS.

    ``(a) In General.--A local educational agency that claims children 
residing on Indian lands for the purpose of receiving funds under 
section 9003 shall establish policies and procedures to ensure that--
            ``(1) such children participate in programs and activities 
        supported by such funds on an equal basis with all other 
        children;
            ``(2) parents of such children and Indian tribes are 
        afforded an opportunity to present their views on such programs 
        and activities, including an opportunity to make 
        recommendations on the needs of those children and how the 
        local educational agency may help such children realize the 
        benefits of such programs and activities;
            ``(3) parents and Indian tribes are consulted and involved 
        in planning and developing such programs and activities;
            ``(4) relevant applications, evaluations, and program plans 
        are disseminated to the parents and Indian tribes; and
            ``(5) parents and Indian tribes are afforded an opportunity 
        to present their views to such agency regarding such agency's 
        general educational program.
    ``(b) Records.--A local educational agency that claims children 
residing on Indian lands for the purpose of receiving funds under 
section 9003 shall maintain records demonstrating such agency's 
compliance with requirements contained in subsection (a).
    ``(c) Waiver.--A local educational agency that claims children 
residing on Indian lands for the purpose of receiving funds under 
section 9003 shall not be required to comply with the requirements of 
subsections (a) and (b) for any fiscal year with respect to any Indian 
tribe from which such agency has received a written statement that the 
agency need not comply with those subsections because the tribe is 
satisfied with the provision of educational services by such agency to 
such children.
    ``(d) Technical Assistance and Enforcement.--The Secretary shall--
            ``(1) provide technical assistance to local educational 
        agencies, parents, and Indian tribes to enable such agencies, 
        parents, and tribes to carry out this section; and
            ``(2) enforce this section through such actions, which may 
        include the withholding of funds, as the Secretary determines 
        to be appropriate, after affording the affected local 
        educational agency, parents, and Indian tribe an opportunity to 
        present their views.
    ``(e) Complaints.--
            ``(1) In general.--(A) Any tribe, or its designee, which 
        has students in attendance at a local educational agency may, 
        in its discretion and without regard to the requirements of any 
        other provision of law, file a written complaint with the 
        Secretary regarding any action of a local educational agency 
        taken pursuant to, or relevant to, the requirements of this 
        section.
            ``(B) Within ten working days from receipt of a complaint, 
        the Secretary shall--
                    ``(i) designate a time and place for a hearing into 
                the matters relating to the complaint at a location in 
                close proximity to the local educational agency 
                involved, or if the Secretary determines there is good 
                cause, at some other location convenient to both the 
                tribe, or its designee, and the local educational 
                agency;
                    ``(ii) designate a hearing examiner to conduct the 
                hearing; and
                    ``(iii) notify the affected tribe or tribes and the 
                local educational agency involved of the time, place, 
                and nature of the hearing and send copies of the 
                complaint to the local educational agency and the 
                affected tribe or tribes.
            ``(2) Hearing.--The hearing shall be held within 30 days of 
        the designation of a hearing examiner and shall be open to the 
        public. A record of the proceedings shall be established and 
        maintained.
            ``(3) Evidence; recommendations; cost.--The complaining 
        tribe, or its designee, and the local educational agency shall 
        be entitled to present evidence on matters relevant to the 
        complaint and to make recommendations concerning the 
        appropriate remedial actions. Each party to the hearing shall 
        bear only its own costs in the proceedings.
            ``(4) Findings and recommendations.--Within 30 days of the 
        completion of the hearing, the hearing examiner shall, on the 
        basis of the record, make written findings of fact and 
        recommendations concerning appropriate remedial action, if any, 
        which should be taken. The hearing examiner's findings and 
        recommendations, along with the hearing record, shall be 
        forwarded to the Secretary.
            ``(5) Written determination.--Within 30 days of his receipt 
        of the findings, recommendations, and record, the Secretary 
        shall, on the basis of the record, make a written determination 
        of the appropriate remedial action, if any, to be taken by the 
        local educational agency, the schedule for completion of the 
        remedial action, and the reasons for the Secretary's decision.
            ``(6) Copies provided.--Upon completion of his final 
        determination, the Secretary shall provide the complaining 
        tribe, or its designee, and the local educational agency with 
        copies of the hearing record, the hearing examiner's findings 
        and recommendations, and the Secretary's final determination. 
        The final determination of the Secretary shall be subject to 
        judicial review.
            ``(7) Consolidation.--In all actions under this 
        subparagraph, the Secretary shall have discretion to 
        consolidate complaints involving the same tribe or local 
        educational agency.
            ``(8) Withholding.--If the local educational agency rejects 
        the determination of the Secretary, or if the remedy required 
        is not undertaken within the time established and the Secretary 
        determines that an extension of the time established will not 
        effectively encourage the remedy required, the Secretary shall 
        withhold payment of all moneys to which such local agency is 
        eligible under section 9003 until such time as the remedy 
        required is undertaken, except where the complaining tribe or 
        its designee formally requests that such funds be released to 
        the local educational agency, except that the Secretary may not 
        withhold such moneys during the course of the school year if 
        the Secretary determines that such withholding would 
        substantially disrupt the educational programs of the local 
        educational agency.
            ``(9) Rejection of determination.--If the local educational 
        agency rejects the determination of the Secretary and a tribe 
        exercises the option under section 1101(d) of the Education 
        Amendments of 1978, to have education services provided either 
        directly by the Bureau of Indian Affairs or by contract with 
        the Bureau of Indian Affairs, any Indian students affiliated 
        with that tribe who wish to remain in attendance at the local 
        educational agency against whom the complaint which led to the 
        tribal action under such subsection (d) was lodged may be 
        counted with respect to that local educational agency for the 
        purpose of receiving funds under section 9004. In such event, 
        funds under such section shall not be withheld pursuant to 
        subparagraph (D) and no further complaints with respect to such 
        students may be filed under subparagraph (C)(i).
    ``(f) Construction.--This section is based upon the special 
relationship between the Indian nations and the United States and 
nothing in this section shall be construed to relieve any State of any 
duty with respect to any citizens of that State.

``SEC. 9005. APPLICATION FOR PAYMENTS UNDER SECTIONS 9002 AND 9003.

    ``(a) In General.--A local educational agency desiring to receive a 
payment under section 9002 or 9003 shall--
            ``(1) submit an application for such payment to the 
        Secretary; and
            ``(2) provide a copy of such application to the State 
        educational agency.
    ``(b) Contents.--Each such application shall be submitted in such 
form and manner, and shall contain such information, as the Secretary 
may require, including--
            ``(1) information to determine the eligibility of the local 
        educational agency for a payment and the amount of such 
        payment; and
            ``(2) where applicable, an assurance that such agency is in 
        compliance with section 9004 (relating to children residing on 
        Indian lands).
    ``(c) Deadline for Submission.--The Secretary shall establish 
deadlines for the submission of applications under this section.
    ``(d) Approval.--
            ``(1) In general.--The Secretary shall approve an 
        application submitted under this section that--
                    ``(A) except as provided in paragraph (2), is filed 
                by the deadline established under subsection (c); and
                    ``(B) otherwise meets the requirements of this 
                title.
            ``(2) Reduction in payment.--The Secretary shall approve an 
        application filed not more than 60 days after a deadline 
        established under subsection (c) that otherwise meets the 
        requirements of this title, except that, notwithstanding 
        section 9003(e), the Secretary shall reduce the payment based 
        on such late application by 10 percent of the amount that would 
        otherwise be paid.
            ``(3) Late applications.--The Secretary shall not accept or 
        approve any application that is filed more than 60 days after a 
        deadline established under subsection (c).
            ``(4) State application authority.--Notwithstanding any 
        provision of law, a State educational agency that had been 
        accepted as an applicant for funds under section 3 of the Act 
        of September 30, 1950 (Public Law 874, 81st Congress) in fiscal 
        year 1994 shall be permitted to continue as an applicant under 
        the same conditions by which such agency made application 
        during such fiscal year only if such State educational agency 
        distributes all funds received for the students for which 
        application is being made by such State educational agency to 
        the local educational agencies providing educational services 
        to such students.

``SEC. 9006. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN 
              ATTENDANCE OF MILITARY DEPENDENTS.

    ``(a) Eligibility.--A local educational agency is eligible for a 
payment under this section if--
            ``(1) the number of children in average daily attendance 
        during the school year for which the determination is made is 
        at least ten percent or 100 more than the number of children in 
        average daily attendance in the school year preceding the 
        school year for which the determination is made; and
            ``(2) the number of children in average daily attendance 
        with a parent on active duty (as defined in section 101(18) of 
        title 37, United States Code) in the Armed Forces who are in 
        attendance at such agency because of the assignment of their 
        parent to a new duty station between May 15 and September 30, 
        inclusive, of the fiscal year for which the determination is 
        made, as certified by an appropriate local official of the 
        Department of Defense, is at least ten percent or 100 more than 
        the number of children in average daily attendance in the 
        preceding school year.
    ``(b) Application.--A local educational agency that wishes to 
receive a payment under this section shall file an application with the 
Secretary by October 15 of the school year for which payment is 
requested, in such manner and containing such information as the 
Secretary may prescribe, including information demonstrating that such 
agency is eligible for such a payment.
    ``(c) Children To Be Counted.--For each eligible local educational 
agency that applies for a payment under this section, the Secretary 
shall determine the lesser of--
            ``(1) the increase in the number of children in average 
        daily attendance from the school year preceding the fiscal year 
        for which the determination is made; and
            ``(2) the number of children described in subsection 
        (a)(2).
    ``(d) Payments.--
            ``(1) In general.--Except as provided in paragraph (2), 
        from the amount appropriated for a fiscal year under section 
        9014(d), the Secretary shall pay each local educational agency 
        with an approved application an amount equal to one-half of the 
        national average per-pupil expenditure multiplied by the number 
        of such children determined under subsection (c) for that local 
        educational agency.
            ``(2) Ratable reduction.--(A) If the amount appropriated to 
        carry out this section for any fiscal year is insufficient to 
        pay the full payment that all eligible local educational 
        agencies are eligible to receive under this section for such 
        year, then the Secretary shall ratably reduce the payments to 
        such agencies for such year.
            ``(B) If additional funds become available for making 
        payments under paragraph (1) for such fiscal year, payments 
        that were reduced under subparagraph (A) shall be increased on 
        the same basis as such payments were reduced.
    ``(e) Notification Process.--
            ``(1) Establishment.--The Secretary shall establish, with 
        the Secretary of Defense, a notification process relating to 
        the closure of Department of Defense facilities, or the 
        adjustment of personnel levels assigned to such facilities, 
        which may substantially affect the student enrollment levels of 
        local educational agencies which receive or may receive 
        payments under this title.
            ``(2) Information.--Such process shall provide timely 
        information regarding such closures and such adjustments--
                    ``(A) by the Secretary of Defense to the Secretary; 
                and
                    ``(B) by the Secretary to the affected local 
                educational agencies.

``SEC. 9007. CONSTRUCTION.

    ``(a) Payments Authorized.--From the amount appropriated for each 
fiscal year under section 9014(e), the Secretary shall make payments to 
each local educational agency--
            ``(1) that receives a basic payment under section 9003(b); 
        and
            ``(2)(A) in which the number of children determined under 
        section 9003(a)(1)(C) constituted at least 50 percent of the 
        number of children who were in average daily attendance in the 
        schools of such agency during the preceding school year;
            ``(B) that receives assistance under section 9003(f); or
            ``(C) that receives assistance under section 9006.
    ``(b) Amount of Payments.--The amount of a payment to each such 
agency for a fiscal year shall be equal to--
            ``(1) the amount appropriated under section 9014(e) for 
        such year; divided by
            ``(2) the number of children determined under section 
        9003(a)(2) for all local educational agencies described in 
        subsection (a), but not including any children attending a 
        school assisted or provided by the Secretary under section 9008 
        or section 10 of the Act of September 23, 1950 (Public Law 815, 
        81st Congress) (as such Act was in effect on the day preceding 
        the date of enactment of the Improving America's Schools Act of 
        1994); multiplied by
            ``(3) the number of such children determined for such 
        agency.
    ``(c) Use of Funds.--Any local educational agency that receives 
funds under this section shall use such funds for construction, as 
defined in section 9013(3).
    ``(d) Special Rule.--In carrying out section 14(c) of the Act of 
September 23, 1950 (Public Law 815, 81st Congress) (20 U.S.C. 644(c)) 
or any successor authority, the Secretary of Education shall waive any 
amount of local effort in excess of $200,000 that would otherwise be 
required under paragraphs (3) and (4) of such section, or any successor 
authority, respectively, and any regulations issued thereunder, in 
awarding funds to the Winona R-III School District, Missouri, with 
respect to its application #MO-86-C-3601A36.

``SEC. 9008. FACILITIES.

    ``(a) Current Facilities.--From the amount appropriated for any 
fiscal year under section 9014(f), the Secretary may continue to 
provide assistance for school facilities that were supported by the 
Secretary under section 10 of the Act of September 23, 1950 (Public Law 
815, 81st Congress) (as such Act was in effect on the day preceding the 
date of the enactment of the Improving America's Schools Act of 1994).
    ``(b) Transfer of Facilities.--
            ``(1) In general.--The Secretary shall, as soon as 
        practicable, transfer to the appropriate local educational 
        agency or another appropriate entity all the right, title, and 
        interest of the United States in and to each facility provided 
        under section 10 of the Act of September 23, 1950 (Public Law 
        815, 81st Congress), or under section 204 or 310 of the Act of 
        September 30, 1950 (Public Law 874, 81st Congress) (as such 
        Acts were in effect on January 1, 1958).
            ``(2) Other requirements.--Any such transfer shall be 
        without charge to such agency or entity, and prior to such 
        transfer, the transfer shall be consented to by the local 
        educational agency or other appropriate entity, and may be made 
        on such terms and conditions as the Secretary deems appropriate 
        to carry out the purposes of this title.

``SEC. 9009. TREATMENT OF PAYMENTS BY THE STATES IN DETERMINING 
              ELIGIBILITY FOR, AND THE AMOUNT OF, STATE AID.

    ``(a) In General.--Except as provided in subsection (b), no 
payments may be made under this title for any fiscal year to any local 
educational agency in any State if--
            ``(1) such State has taken into consideration payments 
        under this title in determining--
                    ``(A) the eligibility of any local educational 
                agency in that State for State aid for free public 
                education of children; or
                    ``(B) the amount of such aid with respect to any 
                such agency;
        during that fiscal year or the preceding fiscal year; or
            ``(2) such State makes such aid available to local 
        educational agencies in such a manner as to result in less 
        State aid to any local educational agency which is eligible for 
        payments under this title than such agency would receive if 
        such agency were not so eligible.
    ``(b) Exception.--
            ``(1) In general.--Notwithstanding subsection (a), if a 
        State has in effect a program of State aid for free public 
        education for any fiscal year, which is designed to equalize 
        expenditures for free public education among the local 
        educational agencies of that State, payments under this title 
        for any fiscal year may be taken into consideration by such 
        State in determining the relative--
                    ``(A) financial resources available to local 
                educational agencies in that State; and
                    ``(B) financial need of such agencies for the 
                provision of free public education for children served 
                by such agency, provided that a State may consider as 
                local resources funds received under this title only in 
                proportion to the share that local tax revenues covered 
                under a State equalization program are of total local 
                tax revenues.
            ``(2) Special rule.--The portion of payments under sections 
        9003(b), 9003(d) and 9003(f)(1) for children described in 
        section 9003(a)(1)(C) which are attributable to the difference 
        between the total weighted student units determined under 
        section 9003(a)(2)(B) and the total weighted student units 
        determined under section 9003(a)(2)(A), shall not be taken into 
        consideration by the State for the purpose of this 
        subparagraph. Whenever a State educational agency or local 
        educational agency will be adversely affected by the operation 
        of this section, such agency shall be afforded notice and an 
        opportunity for a hearing prior to the reduction or termination 
        of payments pursuant to this section.
            ``(3) Definitions.--The terms `State aid' and `equalize 
        expenditures' as used in this section shall be defined by the 
        Secretary by regulation, after consultation with State and 
        local educational agencies affected by this section, provided 
        that the term `equalize expenditures' shall not be construed in 
        any manner adverse to a program of State aid for free public 
        education which provides for taking into consideration the 
        additional cost of providing free public education for 
        particular groups or categories of pupils in meeting the 
        special educational needs of such children as disabled 
        children, economically disadvantaged children, limited-English 
        proficient children, and gifted and talented children.
            ``(4) Notice and certification.--(A) If a State desires to 
        take payments under this title into consideration as provided 
        in this subsection for any fiscal year, that State shall, not 
        later than 60 days prior to the beginning of such fiscal year, 
        submit notice to the Secretary of its intention to do so. Such 
        notice shall be in such form and be accompanied by such 
        information as to enable the Secretary to determine the extent 
        to which the program of State aid of that State is consistent 
        with the provisions of paragraph (1). In addition, such notice 
        shall be accompanied by such evidence as the Secretary finds 
        necessary that each local educational agency in that State has 
        been given notice of the intention of the State. If the 
        Secretary determines that the program of State aid of a State 
        submitting notice under this paragraph is consistent with the 
        provisions of paragraph (1), the Secretary shall certify such 
        determination to that State.
            ``(B) Prior to certifying any determination under 
        subparagraph (A) for any State for any fiscal year, the 
        Secretary shall give the local educational agencies in that 
        State an opportunity for a hearing at which such agencies may 
        present their views with respect to the consistency of the 
        State aid program of that State with the provisions of 
        paragraph (1).
            ``(C) The Secretary shall not finally deny to any State for 
        any fiscal year certification of a determination under 
        subparagraph (A) without first giving that State an opportunity 
        for a hearing.
            ``(5) Requirement.--Any State whose program of State aid 
        was certified by the Secretary under paragraph (4) for fiscal 
        year 1988, but whose program was determined by the Secretary 
        under paragraph (4)(A) not to meet the requirements of 
        paragraph (1) for one or more of the fiscal years 1989 through 
        1992--
                    ``(A) shall be deemed to have met the requirements 
                of paragraph (1) for each of the fiscal years 1989 
                through 1992; and
                    ``(B) shall not, beginning with fiscal year 1993, 
                and notwithstanding any other provision of this 
                paragraph, take payments under this title into 
                consideration as provided under paragraph (1) for any 
                fiscal year unless the Secretary has previously 
                certified such State's program for such fiscal year.
            ``(6) Grandfather clause.--Notwithstanding any other 
        provision of law, a State shall be deemed to meet the 
        requirements of this subsection if such State--
                    ``(A) met the requirements of section 5(d)(2) of 
                the Act of September 30, 1950 (Public Law 874, 81st 
                Congress) on July 1, 1994; and
                    ``(B) continues to meet the requirements of such 
                section 5(d)(2) for each fiscal year for which the 
                determination is made.

``SEC. 9010. FEDERAL ADMINISTRATION.

    ``(a) Payments in Whole Dollar Amounts.--The Secretary shall round 
any payments under this title to the nearest whole dollar amount.
    ``(b) Other Agencies.--Each Federal agency administering Federal 
property on which children reside, and each agency principally 
responsible for an activity that may occasion assistance under this 
title, shall, to the maximum extent practicable, comply with requests 
of the Secretary for information the Secretary may require to carry out 
this title.
    ``(c) Special Rules.--
            ``(1) Certain children eligible under subsection (a) or (b) 
        of section 3 of public law 81-874.--Notwithstanding any other 
        provision of law, for any fiscal year before fiscal year 1995, 
        the Secretary shall treat as eligible under subsection (a) or 
        (b) of section 3 of the Act of September 30, 1950 (Public Law 
        874, 81st Congress), and shall forgive the obligation of a 
        local educational agency to repay any amounts that such agency 
        received under such section for such fiscal year based on, any 
        child who would be eligible under such subsections except that 
        such child does not meet the requirements of subsection 
        (a)(1)(B) or (b)(2)(B), respectively, of such section 3, if 
        such child meets the requirements of paragraph (3) of this 
        subsection.
            ``(2) Certain children eligible under subparagraphs (a) and 
        (g)(ii) of section 9003(a)(1).--(A) The Secretary shall treat 
        as eligible under subparagraph (A) of section 9003(a)(1) any 
        child who would be eligible under such subparagraph except that 
        the Federal property on which the child resides or on which the 
        child's parent is employed is not in the same State in which 
        the child attends school, if such child meets the requirements 
        of paragraph (3) of this subsection.
            ``(B) The Secretary shall treat as eligible under 
        subparagraph (G) of section 9003(a)(1) any child who would be 
        eligible under such subparagraph except that such child does 
        not meet the requirements of clause (ii) of such subparagraph, 
        if such child meets the requirements of paragraph (3) of this 
        subsection.
            ``(3) Requirements.--A child meets the requirements of this 
        paragraph if on the day preceding the date of enactment--
                    ``(A) such child resides--
                            ``(i) in a State adjacent to the State in 
                        which the local educational agency serving the 
                        school such child attends is located; or
                            ``(ii) with a parent employed on Federal 
                        property in a State adjacent to the State in 
                        which such agency is located;
                    ``(B) the schools of such agency are within a more 
                reasonable commuting distance of such child's home than 
                the schools of the local educational agency that serves 
                the school attendance area where such child resides;
                    ``(C) attending the schools of the local 
                educational agency that serves the school attendance 
                area where such child resides will impose a substantial 
                hardship on such child; and
                    ``(D) the State in which such child attends school 
                provides funds for the education of such child on the 
                same basis as all other public school children in the 
                State, unless otherwise permitted under section 5(d)(2) 
                of the Act of September 30, 1950 (Public Law 874, 81st 
                Congress) or section 9009(b) of this part.

``SEC. 9011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

    ``(a) Administrative Hearings.--A local educational agency and a 
State that is adversely affected by any action of the Secretary under 
this title shall be entitled to a hearing on such action in the same 
manner as if such agency were a person under chapter 5 of title 5, 
United States Code.
    ``(b) Judicial Review of Secretarial Action.--
            ``(1) In general.--A local educational agency or a State 
        aggrieved by the Secretary's final decision following an agency 
        proceeding under subsection (a) may, within 60 days after 
        receiving notice of such decision, file with the United States 
        court of appeals for the circuit in which such agency or State 
        is located a petition for review of that action. The clerk of 
        the court shall promptly transmit a copy of the petition to the 
        Secretary. The Secretary shall then file in the court the 
        record of the proceedings on which the Secretary's action was 
        based, as provided in section 2112 of title 28, United States 
        Code.
            ``(2) Findings of fact.--The findings of fact by the 
        Secretary, if supported by substantial evidence, shall be 
        conclusive, but the court, for good cause shown, may remand the 
        case to the Secretary to take further evidence. The Secretary 
        may thereupon make new or modified findings of fact and may 
        modify the Secretary's previous action, and shall file in the 
        court the record of the further proceedings. Such new or 
        modified findings of fact shall likewise be conclusive if 
        supported by substantial evidence.
            ``(3) Review.--The court shall have exclusive jurisdiction 
        to affirm the action of the Secretary or to set it aside, in 
        whole or in part. The judgment of the court shall be subject to 
        review by the Supreme Court of the United States upon 
        certiorari or certification as provided in section 1254 of 
        title 28, United States Code.

``SEC. 9012. FORGIVENESS OF OVERPAYMENTS.

    ``Notwithstanding any other provision of law, the Secretary may 
forgive the obligation of a local educational agency to repay, in whole 
or in part, the amount of any overpayment received under this title, or 
under the Act of September 30, 1950 (Public Law 874, 81st Congress) or 
the Act of September 23, 1950 (Public Law 815, 81st Congress), if the 
Secretary determines that the overpayment was made as a result of an 
error made by--
            ``(1) the Secretary; or
            ``(2) the local educational agency and repayment of the 
        full amount of the overpayment will result in an undue 
        financial hardship on the agency and seriously harm the 
        agency's educational program.

``SEC. 9013. DEFINITIONS.

    ``For purposes of this title, the following definitions apply:
            ``(1) Armed forces.--The term `Armed Forces' means the 
        Army, Navy, Air Force, and Marine Corps.
            ``(2) Average per pupil expenditure.--The term `average per 
        pupil expenditure' means--
                    ``(A) the aggregate current expenditures of all 
                local educational agencies in the State; divided by
                    ``(B) the total number of children in average daily 
                attendance for whom such agencies provided free public 
                education.
            ``(3) Construction.--The term `construction' means--
                    ``(A) the preparation of drawings and 
                specifications for school facilities;
                    ``(B) erecting, building, acquiring, altering, 
                remodeling, repairing, or extending school facilities;
                    ``(C) inspecting and supervising the construction 
                of school facilities; and
                    ``(D) debt service for such activities.
            ``(4) Current expenditures.--The term `current 
        expenditures' means expenditures for free public education, 
        including expenditures for administration, instruction, 
        attendance and health services, pupil transportation services, 
        operation and maintenance of plant, fixed charges, and net 
        expenditures to cover deficits for food services and student 
        body activities, but does not include expenditures for 
        community services, capital outlay, and debt service, or any 
        expenditures made from funds awarded under part A of title I 
        and title XIII. The determination of whether an expenditure for 
        the replacement of equipment is considered a current 
        expenditure or a capital outlay shall be determined in 
        accordance with generally accepted accounting principles as 
        determined by the State.
            ``(5) Federal property.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) through (F), the term `Federal 
                property' means real property that is not subject to 
                taxation by any State or any political subdivision of a 
                State due to Federal agreement, law, or policy, and 
                that is--
                            ``(i) owned by the United States or leased 
                        by the United States from another entity;
                            ``(ii)(I) held in trust by the United 
                        States for individual Indians or Indian tribes;
                            ``(II) held by individual Indians or Indian 
                        tribes subject to restrictions on alienation 
                        imposed by the United States;
                            ``(III) conveyed at any time under the 
                        Alaska Native Claims Settlement Act to a Native 
                        individual, Native group, or village or 
                        regional corporation;
                            ``(IV) public land owned by the United 
                        States that is designated for the sole use and 
                        benefit of individual Indians or Indian tribes; 
                        or
                            ``(V) used for low-rent housing, as 
                        described in paragraph (10) that is located on 
                        land described in subclause (I), (II), (III), 
                        or (IV) of this clause or on land that met one 
                        of those descriptions immediately before such 
                        property's use for such housing;
                            ``(iii)(I) part of a low-rent housing 
                        project assisted under the United States 
                        Housing Act of 1937; or
                            ``(II) used to provide housing for homeless 
                        children at closed military installations 
                        pursuant to section 501 of the Stewart B. 
                        McKinney Homeless Assistance Act; or
                            ``(iv) owned by a foreign government or by 
                        an international organization.
                    ``(B) Schools providing flight training to members 
                of air force.--The term `Federal property' includes, so 
                long as not subject to taxation by any State or any 
                political subdivision of a State, and whether or not 
                that tax exemption is due to Federal agreement, law, or 
                policy, any school providing flight training to members 
                of the Air Force.
                    ``(C) Non-federal easements, leases, licenses, 
                permits, improvements, and certain other real 
                property.--The term `Federal property' includes, 
                whether or not subject to taxation by a State or a 
                political subdivision of a State--
                            ``(i) any non-Federal easement, lease, 
                        license, permit, or other such interest in 
                        Federal property as otherwise described in this 
                        paragraph, but not including any non-Federal 
                        fee-simple interest;
                            ``(ii) any improvement on Federal property 
                        as otherwise described in this paragraph; and
                            ``(iii) real property that, immediately 
                        before its sale or transfer to a non-Federal 
                        party, was owned by the United States and 
                        otherwise qualified as Federal property 
                        described in this paragraph, but only for one 
                        year beyond the end of the fiscal year of such 
                        sale or transfer.
                    ``(D) Certain postal service property and pipelines 
                and utility lines.--Notwithstanding any other provision 
                of this paragraph, the term `Federal property' does not 
                include--
                            ``(i) any real property under the 
                        jurisdiction of the United States Postal 
                        Service that is used primarily for the 
                        provision of postal services; or
                            ``(ii) pipelines and utility lines.
                    ``(E) Property with respect to which state or local 
                tax revenues may not be expended, allocated, or 
                available for free public education.--Notwithstanding 
                any other provision of this paragraph, `Federal 
                property' does not include any property on which 
                children reside that is otherwise described in this 
                paragraph if--
                            ``(i) no tax revenues of the State or of 
                        any political subdivision of the State may be 
                        expended for the free public education of 
                        children who reside on that Federal property; 
                        or
                            ``(ii) no tax revenues of the State are 
                        allocated or available for the free public 
                        education of such children.
                    ``(F) Property located in the state of oklahoma 
                owned by indian housing authority for low-income 
                housing.--The term `Federal property' includes any real 
                property located in the State of Oklahoma that--
                            ``(i) is owned by an Indian housing 
                        authority and used for low-income housing 
                        (including housing assisted under the mutual 
                        help ownership opportunity program under 
                        section 202 of the United States Housing Act of 
                        1937); and
                            ``(ii) at any time--
                                    ``(I) was designated by treaty as 
                                tribal land; or
                                    ``(II) satisfied the definition of 
                                Federal property under section 
                                403(1)(A) of the Act of September 30, 
                                1950 (Public Law 874, 81st Congress) 
                                (as such Act was in existence on the 
                                day preceding the date of enactment of 
                                the Improving America's Schools Act of 
                                1994).
            ``(6) Free public education.--The term `free public 
        education' means education that is provided--
                    ``(A) at public expense, under public supervision 
                and direction, and without tuition charge; and
                    ``(B) as elementary or secondary education, as 
                determined under State law, except that, 
                notwithstanding State law, such term--
                            ``(i) includes preschool education; and
                            ``(ii) does not include any education 
                        provided beyond grade 12.
            ``(7) Indian lands.--The term `Indian lands' means any 
        Federal property described in paragraph (5)(A)(ii) or (5)(F).
            ``(8) Local contribution percentage.--
                    ``(A) In general.--The term `local contribution 
                percentage' means the percentage of current 
                expenditures in the State derived from local and 
                intermediate sources, as reported to and verified by 
                the National Center for Education Statistics.
                    ``(B) Hawaii and district of columbia.--
                Notwithstanding subparagraph (A), the local 
                contribution percentage for Hawaii and for the District 
                of Columbia shall be the average local contribution 
                percentage for all States.
            ``(9) Local educational agency.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `local educational agency'--
                            ``(i) means a board of education or other 
                        legally constituted local school authority 
                        having administrative control and direction of 
                        free public education in a county, township, 
                        independent school district, or other school 
                        district; and
                            ``(ii) includes any State agency that 
                        directly operates and maintains facilities for 
                        providing free public education.
                    ``(B) Exception.--The term `local educational 
                agency' does not include any agency or school authority 
                that the Secretary determines on a case-by-case basis--
                            ``(i) was constituted or reconstituted 
                        primarily for the purpose of receiving 
                        assistance under this title or the Act of 
                        September 30, 1950 (Public Law 874, 81st 
                        Congress) or increasing the amount of such 
                        assistance; or
                            ``(ii) is not constituted or reconstituted 
                        for legitimate educational purposes.
            ``(10) Low-rent housing.--The term `low-rent housing' means 
        housing located on property that is described in paragraph 
        (5)(A)(iii).
            ``(11) Revenue derived from local sources.--The term 
        `revenue derived from local sources' means--
                    ``(A) revenue produced within the boundaries of a 
                local educational agency and available to such agency 
                for such agency's use; or
                    ``(B) funds collected by another governmental unit, 
                but distributed back to a local educational agency in 
                the same proportion as such funds were collected as a 
                local revenue source.
            ``(12) School facilities.--The term `school facilities' 
        includes--
                    ``(A) classrooms and related facilities; and
                    ``(B) equipment, machinery, and utilities necessary 
                or appropriate for school purposes.

``SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Payments for Federal Acquisition of Real Property.--For the 
purpose of making payments under section 9002, there are authorized to 
be appropriated $16,750,000 for fiscal year 1995, and such sums as may 
be necessary for each of the 4 succeeding fiscal years.
    ``(b) Basic Payments; Payments for Heavily Impacted Local 
Educational Agencies.--For the purpose of making payments under 
subsections (b) and (f) of section 9003, there are authorized to be 
appropriated $775,000,000 for fiscal year 1995 and such sums as may be 
necessary for each of the 4 succeeding fiscal years, of which 6 percent 
shall be available, until expended, for each fiscal year to carry out 
section 9003(f).
    ``(c) Payments for Children With Disabilities.--For the purpose of 
making payments under section 9003(d), there are authorized to be 
appropriated $45,000,000 for fiscal year 1995 and such sums as may be 
necessary for each of the 4 succeeding fiscal years.
    ``(d) Payments for Increases in Military Children.--For the purpose 
of making payments under section 9006, there are authorized to be 
appropriated $2,000,000 for fiscal year 1995 and such sums as may be 
necessary for each of the 4 succeeding fiscal years.
    ``(e) Construction.--For the purpose of carrying out section 9007, 
there are authorized to be appropriated $25,000,000 for fiscal year 
1995 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.
    ``(f) Facilities Maintenance.--For the purpose of carrying out 
section 9008, there are authorized to be appropriated $2,000,000 for 
fiscal year 1995 and such sums as may be necessary for each of the 4 
succeeding fiscal years.

            ``PART B--EMERGENCY IMMIGRANT EDUCATION PROGRAM

``SEC. 9201. FINDINGS; PURPOSE; DEFINITION.

    ``(a) Findings.--The Congress finds that--
            ``(1) the education of our Nation's children and youth is 
        one of the most sacred government responsibilities;
            ``(2) local educational agencies have struggled to fund 
        adequately education services;
            ``(3) in the case of Plyler v. Doe, the Supreme Court held 
        that States have a responsibility under the Equal Protection 
        Clause of the Constitution to educate all children, regardless 
        of immigration status; and
            ``(4) immigration policy is solely a responsibility of the 
        Federal Government.
    ``(b) Purpose.--The purpose of this part is to assist eligible 
local educational agencies that experience unexpectedly large increases 
in their student population due to immigration to--
            ``(1) provide high-quality instruction to immigrant 
        children and youth; and
            ``(2) help such children and youth--
                    ``(A) with their transition into American society; 
                and
                    ``(B) meet the same challenging State performance 
                standards expected of all children and youth.
    ``(c) Definition.--For the purpose of this subpart, the term 
`immigrant children and youth' means individuals who--
            ``(1) are aged three through 21;
            ``(2) were not born in any State; and
            ``(3) have not been attending one or more schools in any 
        one or more States for more than three full academic years.

``SEC. 9202. STATE ADMINISTRATIVE COSTS.

    ``For any fiscal year, a State educational agency may reserve not 
more than 1.5 percent of the amount allocated to such agency under 
section 9204 to pay the costs of performing such agency's 
administrative functions under this part.

``SEC. 9203. WITHHOLDING.

    ``Whenever the Secretary, after reasonable notice and opportunity 
for a hearing to any State educational agency, finds that there is a 
failure to meet the requirement of any provision of this part, the 
Secretary shall notify that agency that further payments will not be 
made to the agency under this part, or in the discretion of the 
Secretary, that the State educational agency shall not make further 
payments under this part to specified local educational agencies whose 
actions cause or are involved in such failure until the Secretary is 
satisfied that there is no longer any such failure to comply. Until the 
Secretary is so satisfied, no further payments shall be made to the 
State educational agency under this part, or payments by the State 
educational agency under this part shall be limited to local 
educational agencies whose actions did not cause or were not involved 
in the failure, as the case may be.

``SEC. 9204. STATE ALLOCATIONS.

    ``(a) Payments.--The Secretary shall, in accordance with the 
provisions of this section, make payments to State educational agencies 
for each of the fiscal years 1995 through 1999 for the purpose set 
forth in section 9201(b).
    ``(b) Allocations.--
            ``(1) In general.--Except as provided in subsections (c), 
        (d) and (e), of the amount appropriated for each fiscal year 
        for this part, each State participating in the program assisted 
        under this part shall receive an allocation equal to the 
        proportion of such State's number of immigrant children and 
        youth who are enrolled in elementary and secondary public 
        schools under the jurisdiction of each local educational agency 
        described in paragraph (2) within such State, and in elementary 
        and secondary nonpublic schools within the district served by 
        each such local educational agency, relative to the total 
        number of immigrant children and youth so enrolled in all the 
        States participating in the program assisted under this part.
            ``(2) Eligible local educational agencies.--The local 
        educational agencies referred to in paragraph (1) are those 
        local educational agencies in which the sum of the number of 
        immigrant children and youth who are enrolled in elementary or 
        secondary public schools under the jurisdiction of such 
        agencies, and in elementary or secondary nonpublic schools 
        within the districts served by such agencies, during the fiscal 
        year for which the payments are to be made under this part, is 
        equal to--
                    ``(A) at least 500; or
                    ``(B) at least 3 percent of the total number of 
                students enrolled in such public or nonpublic schools 
                during such fiscal year,
        whichever number is less.
    ``(c) Determinations of Number of Children and Youth.--
            ``(1) In general.--Determinations by the Secretary under 
        this section for any period with respect to the number of 
        immigrant children and youth shall be made on the basis of data 
        or estimates provided to the Secretary by each State 
        educational agency in accordance with criteria established by 
        the Secretary, unless the Secretary determines, after notice 
        and opportunity for a hearing to the affected State educational 
        agency, that such data or estimate are clearly erroneous.
            ``(2) Special rule.--No such determination with respect to 
        the number of immigrant children and youth shall operate 
        because of an underestimate or overestimate to deprive any 
        State educational agency of the allocation under this section 
        that such State would otherwise have received had such 
        determination been made on the basis of accurate data.
    ``(d) Reallocation.--Whenever the Secretary determines that any 
amount of a payment made to a State under this part for a fiscal year 
will not be used by such State for carrying out the purpose for which 
the payment was made, the Secretary shall make such amount available 
for carrying out such purpose to one or more other States to the extent 
the Secretary determines that such other States will be able to use 
such additional amount for carrying out such purpose. Any amount made 
available to a State from any appropriation for a fiscal year in 
accordance with the preceding sentence shall, for purposes of this 
part, be regarded as part of such State's payment (as determined under 
subsection (b)) for such year, but shall remain available until the end 
of the succeeding fiscal year.
    ``(e) Reservation of Funds.--
            ``(1) In general.--Notwithstanding any other provision of 
        this part, if the amount appropriated to carry out this part 
        exceeds $50,000,000 for a fiscal year, a State educational 
        agency may reserve not more than 20 percent of such agency's 
        payment under this part for such year to award grants, on a 
        competitive basis, to local educational agencies within the 
        State as follows:
                    ``(A) At least one-half of such grants shall be 
                made available to eligible local educational agencies 
                (as described in subsection (b)(2)) within the State 
                with the highest numbers and percentages of immigrant 
                children and youth.
                    ``(B) Funds reserved under this paragraph and not 
                made available under subparagraph (A) may be 
                distributed to local educational agencies within the 
                State experiencing a sudden influx of immigrant 
                children and youth which are otherwise not eligible for 
                assistance under this part.
            ``(2) Use of grant funds.--Each local educational agency 
        receiving a grant under paragraph (1) shall use such grant 
        funds to carry out the activities described in section 9207.
            ``(3) Information.--Local educational agencies with the 
        highest number of immigrant children and youth receiving funds 
        under paragraph (1) may make information available on serving 
        immigrant children and youth to local educational agencies in 
        the State with sparse numbers of such children.
            ``(4) Duration.--Grants awarded under paragraph (1) shall 
        be for a period of not more than two years.
            ``(5) Applications.--(A) Each eligible local educational 
        agency desiring a grant under this subsection shall submit to 
        the Secretary an application in such form, at such time, and 
        containing such information and assurances as the Secretary may 
        require.
            ``(B) Each such application shall--
                    ``(i) describe--
                            ``(I) the need for the proposed program, 
                        including data on the number of immigrant 
                        children and youth in the local educational 
                        agency to be served and their characteristics, 
                        such as language spoken, dropout rates, 
                        proficiency in English and the native language, 
                        and academic standing in relation to their 
                        English proficient peers; and
                            ``(II) the program to be implemented and 
                        how such program's design relates to the 
                        linguistic and academic needs of the immigrant 
                        children and youth to be served; and
                    ``(ii) provide an assurance that the applicant will 
                not reduce the level of State and local funds that the 
                applicant expends for instructional programs for 
                immigrant children and youth if the applicant receives 
                an award under this part.

``SEC. 9205. STATE APPLICATIONS.

    ``(a) Submission.--No State educational agency shall receive any 
payment under this part for any fiscal year unless such agency submits 
an application to the Secretary at such time, in such manner, and 
containing or accompanied by such information, as the Secretary may 
reasonably require. Each such application shall--
            ``(1) provide that the educational programs, services, and 
        activities for which payments under this part are made will be 
        administered by or under the supervision of the agency;
            ``(2) provide assurances that payments under this part will 
        be used for purposes set forth in sections 9201 and 9207, 
        including a description of how local educational agencies 
        receiving funds under this part will use such funds to meet 
        such purposes, and how the program designs are consistent with 
        other education improvement plans;
            ``(3) provide an assurance that local educational agencies 
        receiving funds under this part will coordinate the use of such 
        funds with programs assisted under title VII or title I;
            ``(4) provide assurances that such payments will be 
        distributed among local educational agencies within that State 
        on the basis of the number of immigrant children and youth 
        counted with respect to each such local educational agency 
        under section 9204(b)(1);
            ``(5) provide assurances that the State educational agency 
        will not finally disapprove in whole or in part any application 
        for funds received under this part without first affording the 
        local educational agency submitting an application for such 
        funds reasonable notice and opportunity for a hearing;
            ``(6) provide for making such reports as the Secretary may 
        reasonably require to perform the Secretary's functions under 
        this part;
            ``(7) provide assurances--
                    ``(A) that to the extent consistent with the number 
                of immigrant children and youth enrolled in the 
                elementary or secondary nonpublic schools within the 
                district served by a local educational agency, such 
                agency, after consultation with appropriate officials 
                of such schools, shall provide for the benefit of such 
                children and youth secular, neutral, and nonideological 
                services, materials, and equipment necessary for the 
                education of such children and youth;
                    ``(B) that the control of funds provided under this 
                part to any materials, equipment, and property 
                repaired, remodeled, or constructed with those funds 
                shall be in a public agency for the uses and purposes 
                provided in this part, and a public agency shall 
                administer such funds and property; and
                    ``(C) that the provision of services pursuant to 
                this paragraph shall be provided by employees of a 
                public agency or through contract by such public agency 
                with a person, association, agency, or corporation who 
                or which, in the provision of such services, is 
                independent of such elementary or secondary nonpublic 
                school and of any religious organization, and such 
                employment or contract shall be under the control and 
                supervision of such public agency, and the funds 
                provided under this paragraph shall not be commingled 
                with State or local funds; and
            ``(8) provide an assurance that State and local educational 
        agencies receiving funds under this part will comply with the 
        requirements of section 1120(b).
    ``(b) Application Review.--
            ``(1) In general.--The Secretary shall review all 
        applications submitted pursuant to this section by State 
        educational agencies.
            ``(2) Approval.--The Secretary shall approve any 
        application submitted by a State educational agency that meets 
        the requirements of this section.
            ``(3) Disapproval.--The Secretary shall disapprove any 
        application submitted by a State educational agency which does 
        not meet the requirements of this section, but shall not 
        finally disapprove an application except after reasonable 
        notice, provision of technical assistance, and providing an 
        opportunity for a hearing to the State.

``SEC. 9206. ADMINISTRATIVE PROVISIONS.

    ``(a) Notification of Amount.--The Secretary, not later than June 1 
of each year, shall notify each State educational agency that has an 
application approved under section 9205 of the amount of such agency's 
allocation under section 9204 for the succeeding year.
    ``(b) Services to Children Enrolled in Nonpublic Schools.--If by 
reason of any provision of law a local educational agency is prohibited 
from providing educational services for children enrolled in elementary 
and secondary nonpublic schools, as required by section 9205(a)(7), or 
if the Secretary determines that a local educational agency has 
substantially failed or is unwilling to provide for the participation 
on an equitable basis of children enrolled in such schools, the 
Secretary may waive such requirement and shall arrange for the 
provision of services to such children through arrangements which shall 
be subject to the requirements of this part. Such waivers shall be 
subject to consultation, withholding, notice, and judicial review 
requirements in accordance with the provisions of title I.

``SEC. 9207. USES OF FUNDS.

    ``(a) Use of Funds.--Funds awarded under this part shall be used to 
pay for enhanced instructional opportunities for immigrant children and 
youth, which may include--
            ``(1) family literacy, parent outreach, and training 
        activities designed to assist parents to become active 
        participants in the education of their children;
            ``(2) salaries of personnel, including teacher aides who 
        have been specifically trained, or are being trained, to 
        provide services to immigrant children and youth;
            ``(3) tutorials, mentoring, and academic or career 
        counseling for immigrant children and youth;
            ``(4) identification and acquisition of curricular 
        materials, educational software, and technologies to be used in 
        the program;
            ``(5) basic instructional services which are directly 
        attributable to the presence in the school district of 
        immigrant children, including the costs of providing additional 
        classroom supplies, overhead costs, costs of construction, 
        acquisition or rental of space, costs of transportation, or 
        such other costs as are directly attributable to such 
        additional basic instructional services; and
            ``(6) such other activities, related to the purposes of 
        this part, as the Secretary may authorize.
    ``(b) Consortia.--A local educational agency that receives a grant 
under this part may collaborate or form a consortium with one or more 
local educational agencies, institutions of higher education, and 
nonprofit organizations to carry out the program described in an 
application approved under this part.
    ``(c) Subgrants.--A local educational agency that receives a grant 
under this part may, with the approval of the Secretary, make a 
subgrant to, or enter into a contract with, an institution of higher 
education, a nonprofit organization, or a consortium of such entities 
to carry out a program described in an application approved under this 
part, including a program to serve out-of-school youth.
    ``(d) Construction.--Nothing in this part shall be construed to 
prohibit a local educational agency from serving immigrant children 
simultaneously with students with similar educational needs, in the 
same educational settings where appropriate.

``SEC. 9208. REPORTS.

    ``(a) Biennial Report.--Each State educational agency receiving 
funds under this part shall submit, once every 2 years, a report to the 
Secretary concerning the expenditure of funds by local educational 
agencies under this part. Each local educational agency receiving funds 
under this part shall submit to the State educational agency such 
information as the State educational agency determines may be necessary 
for such report.
    ``(b) Report to Congress.--The Secretary shall submit, once every 2 
years, a report to the appropriate committees of the Congress 
concerning programs assisted under this part in accordance with section 
10701.

``SEC. 9209. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this part, there are authorized 
to be appropriated $150,000,000 for fiscal year 1995, and such sums as 
may be necessary for each of the 4 succeeding fiscal years.

``SEC. 9210. COMMUNICATIONS BETWEEN FEDERALLY FUNDED GOVERNMENT 
              AGENCIES AND THE IMMIGRATION AND NATURALIZATION SERVICE.

    ``Notwithstanding any other provision of law, no Federal, State, or 
local government entity receiving Federal funds shall be prohibited or 
in any way restricted from communicating with the Immigration and 
Naturalization Service regarding the immigration status, legal or 
illegal, of an alien in the United States.

                  ``PART C--NATIVE HAWAIIAN EDUCATION

``SEC. 9301. SHORT TITLE.

    ``This part may be cited as the `Native Hawaiian Education Act'.

``SEC. 9302. FINDINGS.

    ``The Congress finds and declares as follows:
            ``(1) Native Hawaiians are a distinct and unique indigenous 
        people with a historical continuity to the original inhabitants 
        of the Hawaiian archipelago, whose society was organized as a 
        nation and internationally recognized as such by the United 
        States, Britain, France and Japan, as evidenced by treaties 
        governing friendship, commerce, and navigation.
            ``(2) At the time of the arrival of the first non-
        indigenous people in Hawai`i in 1778, the Native Hawaiian 
        people lived in a highly organized, self-sufficient subsistence 
        social system based on a communal land tenure system with a 
        sophisticated language, culture, and religion.
            ``(3) From 1826 until 1893, the United States recognized 
        the sovereignty and independence of the Kingdom of Hawai`i, 
        which was established in 1810 under Kamehameha I, extended full 
        and complete diplomatic recognition to the Kingdom of Hawai`i, 
        and entered into treaties and conventions with the Kingdom of 
        Hawai`i to govern friendship, commerce and navigation in 1826, 
        1842, 1849, 1875, and 1887.
            ``(4) In 1893, the sovereign, independent, internationally 
        recognized, and indigenous government of Hawai`i, the Kingdom 
        of Hawai`i, was overthrown by a small group of non-Hawaiians, 
        including United States citizens, who were assisted in their 
        efforts by the United States Minister, a United States naval 
        representative, and armed naval forces of the United States. 
        Because of the participation of United States agents and 
        citizens in the overthrow of the Kingdom of Hawai`i, the 
        Congress, on behalf of the people of the United States, 
        apologized to Native Hawaiians for the overthrow and the 
        deprivation of the rights of Native Hawaiians to self-
        determination through Public Law 103-150 (107 Stat. 1510).
            ``(5) In 1898, the joint resolution entitled `A Joint 
        Resolution to provide for annexing the Hawaiian Islands to the 
        United States', approved July 7, 1898 (30 Stat. 750), ceded 
        absolute title of all lands held by the Republic of Hawai`i, 
        including the government and crown lands of the former Kingdom 
        of Hawai`i, to the United States, but mandated that revenue 
        generated from these lands be used `solely for the benefit of 
        the inhabitants of the Hawaiian Islands for educational and 
        other public purposes'.
            ``(6) By 1919, the Native Hawaiian population had declined 
        from an estimated 1,000,000 in 1778 to an alarming 22,600, and 
        in recognition of this severe decline, the Congress in 1921 
        enacted the Hawaiian Homes Commission Act, 1920, which 
        designated approximately 200,000 acres of ceded public lands 
        for homesteading by Native Hawaiians.
            ``(7) Through the enactment of the Hawaiian Homes 
        Commission Act, 1920, the Congress affirmed the special 
        relationship between the United States and the Native 
        Hawaiians, as expressed by then Secretary of the Interior 
        Franklin K. Lane, who was quoted in the committee report for 
        the Hawaiian Homes Commission Act, 1920, as saying: `One thing 
        that impressed me . . . was the fact that the natives of the 
        island who are our wards, I should say, and for whom in a sense 
        we are trustees, are falling off rapidly in numbers and many of 
        them are in poverty.'.
            ``(8) In 1959, under the Act entitled `An Act to provide 
        for the admission of the State of Hawaii into the Union', 
        approved March 18, 1959 (73 Stat. 4), the United States 
        transferred responsibility for the administration of the 
        Hawaiian Home Lands to the State of Hawai`i but reaffirmed the 
        special relationship which existed between the United States 
        and the Hawaiian people by retaining the exclusive power to 
        enforce the trust, including the power to approve land 
        exchanges and legislative amendments affecting the rights of 
        beneficiaries under such Act.
            ``(9) In 1959, under the Act entitled `An Act to provide 
        for the admission of the State of Hawaii into the Union', 
        approved March 18, 1959 (73 Stat. 4), the United States ceded 
        to the State of Hawai`i title to the public lands formerly held 
        by the United States, but mandated that such lands be held by 
        the State `in public trust' and reaffirmed the special 
        relationship which existed between the United States and the 
        Hawaiian people by retaining the legal responsibility to 
        enforce the public trust responsibility of the State of Hawai`i 
        for the betterment of the conditions of Native Hawaiians, as 
        defined in section 201(a) of the Hawaiian Homes Commission Act, 
        1920.
            ``(10) The United States assumed special responsibilities 
        for Native Hawaiian lands and resources at the time of the 
        annexation of the Territory in 1898, upon adoption of the 
        Hawaiian Homes Commission Act, 1920, and upon admission of the 
        State of Hawai`i into the Union in 1959, and has retained 
        certain of those responsibilities.
            ``(11) In recognition of the special relationship which 
        exists between the United States and the Native Hawaiian 
        people, the Congress has extended to Native Hawaiians the same 
        rights and privileges accorded to American Indian, Alaska 
        Native, Eskimo, and Aleut communities under the Native American 
        Programs Act of 1974, the American Indian Religious Freedom 
        Act, the National Museum of the American Indian Act, the Native 
        American Graves Protection and Repatriation Act, the National 
        Historic Preservation Act, and the Native American Languages 
        Act.
            ``(12) In recognition of the special relationship which 
        exists between the United States and the Native Hawaiian 
        people, the Congress has enacted numerous special provisions of 
        law for the benefit of Native Hawaiians in the areas of health, 
        education, labor, and housing.
            ``(13) In 1981, the Senate instructed the Office of 
        Education to submit to the Congress a comprehensive report on 
        Native Hawaiian education. The report, entitled the `Native 
        Hawaiian Educational Assessment Project', was released in 1983 
        and documented that Native Hawaiians scored below parity with 
        national norms on standardized achievement tests, were 
        disproportionately represented in many negative social and 
        physical statistics, indicative of special educational needs, 
        and had educational needs which were related to their unique 
        cultural situation, such as different learning styles and low 
        self-image.
            ``(14) In recognition of the educational needs of Native 
        Hawaiians, in 1988, the Congress enacted title IV of the 
        Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary 
        School Improvement Amendments of 1988 to authorize and develop 
        supplemental educational programs to benefit Native Hawaiians.
            ``(15) In 1993, the Kamehameha Schools Bishop Estate 
        released a ten-year update of the Native Hawaiian Educational 
        Assessment Project, which found that despite the successes of 
        the programs established under title IV of the Augustus F. 
        Hawkins-Robert T. Stafford Elementary and Secondary School 
        Improvement Amendments of 1988, many of the same educational 
        needs still exist for Native Hawaiians. For example--
                    ``(A) educational risk factors continue to start 
                even before birth for many Native Hawaiian children, 
                including--
                            ``(i) late or no prenatal care;
                            ``(ii) half of Native Hawaiian women who 
                        give birth are unmarried; and
                            ``(iii) high rates of births to teenage 
                        parents;
                    ``(B) Native Hawaiian students continue to begin 
                their school experience lagging behind other students 
                in terms of readiness factors such as vocabulary test 
                scores;
                    ``(C) Native Hawaiian students continue to score 
                below national norms on standardized education 
                achievement tests at all grade levels;
                    ``(D) both public and private schools continue to 
                show a pattern of lower percentages of Native Hawaiian 
                students in the uppermost achievement levels and in 
                gifted and talented programs;
                    ``(E) Native Hawaiian students continue to be 
                overrepresented among students qualifying for special 
                education programs provided to students with learning 
                disabilities, mild mental retardation, emotional 
                impairment, and other such disabilities;
                    ``(F) Native Hawaiians continue to be 
                underrepresented in institutions of higher education 
                and among adults who have completed four or more years 
                of college;
                    ``(G) Native Hawaiians continue to be 
                disproportionately represented in many negative social 
                and physical statistics, indicative of special 
                educational needs, for example--
                            ``(i) Native Hawaiian students are more 
                        likely to be retained in grade level and to be 
                        excessively absent in secondary school;
                            ``(ii) Native Hawaiian students are the 
                        highest users of drugs and alcohol; and
                            ``(iii) Native Hawaiian children continue 
                        to be disproportionately victimized by child 
                        abuse and neglect; and
                    ``(H) Native Hawaiians now comprise over 23 percent 
                of the students served by the State of Hawai`i 
                Department of Education and there are and will continue 
                to be geographically rural, isolated areas with a high 
                Native Hawaiian population density.
            ``(16) The findings described in paragraphs (1) through 
        (15) are contrary to the high rate of literacy and integration 
        of traditional culture and Western education achieved by Native 
        Hawaiians through a Hawaiian language-based public school 
        system established in 1840 by Kamehameha III.
            ``(17) After the overthrow of the Kingdom of Hawai`i in 
        1893, Hawaiian medium schools were banned. After annexation, 
        throughout the territorial and statehood period, and until 
        1986, use of Hawaiian as a medium of education in public 
        schools was declared unlawful, thereby causing incalculable 
        harm to a culture that placed a very high value on the power of 
        language, as exemplified in the traditional saying: `I ka 
        `olelo no ke ola; I ka `olelo no ka make. In the language rests 
        life; In the language rests death.'.
            ``(18) Despite the consequences of over 100 years of 
        nonindigenous influence, the Native Hawaiian people are 
        determined to preserve, develop, and transmit to future 
        generations their ancestral territory, and their cultural 
        identity in accordance with their own spiritual and traditional 
        beliefs, customs, practices, language, and social institutions.
            ``(19) The State of Hawai`i, in the constitution and 
        statutes of the State of Hawai`i--
                    ``(A) acknowledges the distinct land rights of 
                Native Hawaiian people as beneficiaries of the public 
                lands trust;
                    ``(B) reaffirms and protects the unique right of 
                the Native Hawaiian people to practice and perpetuate 
                their culture and religious customs, beliefs, 
                practices, and language; and
                    ``(C) recognizes the traditional language of the 
                Native Hawaiian people as an official language of the 
                State of Hawai`i, which may be used as the language of 
                instruction for all subjects and grades in the public 
                school system.
            ``(20) It continues to be the policy of the Federal 
        Government to encourage the maximum participation of Native 
        Hawaiians in planning and management of Native Hawaiian 
        education programs.

``SEC. 9303. PURPOSE.

    ``It is the purpose of this part to--
            ``(1) authorize and develop supplemental educational 
        programs to benefit Native Hawaiians;
            ``(2) provide direction and guidance to appropriate 
        Federal, State, and local agencies to focus resources, 
        including resources made available under this part, on Native 
        Hawaiian education, through the establishment of a Native 
        Hawaiian Education Council, and five island councils; and
            ``(3) supplement and expand existing programs and 
        authorities in the area of Native Hawaiian education to further 
        such purposes.

``SEC. 9304. NATIVE HAWAIIAN CURRICULUM DEVELOPMENT, TEACHER TRAINING 
              AND RECRUITMENT PROGRAM.

    ``(a) General Authority.--The Secretary is authorized to make 
direct grants, to Native Hawaiian educational organizations or 
educational entities with experience in developing or operating Native 
Hawaiian programs or programs of instruction conducted in the Native 
Hawaiian language, for the following purposes:
            ``(1) Curricula.--The development of curricula to address 
        the needs of Native Hawaiian students, particularly elementary 
        and secondary school students, which may include programs of 
        instruction conducted in the Native Hawaiian language, and 
        mathematics and science curricula incorporating the relevant 
        application of Native Hawaiian culture and traditions.
            ``(2) Preteacher training.--The development and 
        implementation of preteacher training programs in order to 
        ensure that student teachers within the State of Hawai`i, 
        particularly student teachers who are likely to be employed in 
        schools with a high concentration of Native Hawaiian students, 
        are prepared to better address the unique needs of Native 
        Hawaiian students, within the context of Native Hawaiian 
        culture, language and traditions.
            ``(3) Inservice teacher training.--The development and 
        implementation of inservice teacher training programs, in order 
        to ensure that teachers, particularly teachers employed in 
        schools with a high concentration of Native Hawaiian students, 
        are prepared to better address the unique needs of Native 
        Hawaiian students, within the context of Native Hawaiian 
        culture, language and traditions.
            ``(4) Teacher recruitment.--The development and 
        implementation of teacher recruitment programs to meet the 
        objectives of--
                    ``(A) enhancing teacher recruitment within 
                communities with a high concentration of Native 
                Hawaiian students; and
                    ``(B) increasing the numbers of teachers who are of 
                Native Hawaiian ancestry.
    ``(b) Priority.--In awarding grants under this section, the 
Secretary shall give priority to awarding grants for activities 
described in subsection (a) that focus on the needs of at-risk youth or 
that employ a program of instruction conducted in the Native Hawaiian 
language.
    ``(c) Administrative Costs.--Not more than 7 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section. Funds appropriated under the authority of this subsection 
shall remain available until expended.

``SEC. 9305. NATIVE HAWAIIAN COMMUNITY-BASED EDUCATION LEARNING 
              CENTERS.

    ``(a) General Authority.--The Secretary is authorized to make 
direct grants, to collaborative efforts between community-based Native 
Hawaiian organizations and community colleges, to develop, establish, 
and operate a minimum of three community-based education learning 
centers.
    ``(b) Purpose.--The learning centers described in subsection (a) 
shall meet the needs of families and communities through 
interdepartmental and interagency coordination of new and existing 
public and private programs and services, which may include--
            ``(1) preschool programs;
            ``(2) after-school programs; and
            ``(3) vocational and adult education programs.
    ``(c) Administrative Costs.--Not more than 7 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section. Funds appropriated under the authority of this subsection 
shall remain available until expended.

``SEC. 9306. NATIVE HAWAIIAN FAMILY-BASED EDUCATION CENTERS.

    ``(a) General Authority.--The Secretary is authorized to make 
direct grants, to Native Hawaiian educational organizations or 
educational entities with experience in developing or operating Native 
Hawaiian programs or programs of instruction conducted in the Native 
Hawaiian language, to expand the operation of Family-Based Education 
Centers throughout the Hawaiian Islands. The programs of such centers 
may be conducted in the Hawaiian language, the English language, or a 
combination thereof, and shall include--
            ``(1) parent-infant programs for prenatal through three-
        year-olds;
            ``(2) preschool programs for four- and five-year-olds;
            ``(3) continued research and development; and
            ``(4) a long-term followup and assessment program.
    ``(b) Administrative Costs.--Not more than 7 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes.
    ``(c) Authorization of Appropriations.--In addition to any other 
amount authorized to be appropriated for the centers described in 
subsection (a), there are authorized to be appropriated $6,000,000 for 
fiscal year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this section. Funds appropriated 
under the authority of this subsection shall remain available until 
expended.

``SEC. 9307. NATIVE HAWAIIAN HIGHER EDUCATION PROGRAM.

    ``(a) General Authority.--
            ``(1) In general.--The Secretary is authorized to make 
        direct grants, to Native Hawaiian educational organizations or 
        educational entities with experience in developing or operating 
        Native Hawaiian programs or programs of instruction conducted 
        in the Native Hawaiian language, to enable such organizations 
        or entities to provide a program of baccalaureate and post-
        baccalaureate fellowship assistance to Native Hawaiian 
        students.
            ``(2) Mandatory activities.--Such program shall include--
                    ``(A) full or partial fellowship support for Native 
                Hawaiian students enrolled at two- or four-year degree 
                granting institutions of higher education with 
                fellowship awards to be based on academic potential and 
                financial need; and
                    ``(B) full or partial fellowship support for Native 
                Hawaiian students enrolled at post-baccalaureate degree 
                granting institutions of higher education with priority 
                given to providing fellowship support for professions 
                in which Native Hawaiians are underrepresented and with 
                fellowship awards to be based on academic potential and 
                financial need;
            ``(3) Permitted activities.--Such program may also 
        include--
                    ``(A) counseling and support services for students 
                receiving fellowship assistance under paragraph (1);
                    ``(B) college preparation and guidance counseling 
                at the secondary school level for students who may be 
                eligible for fellowship support pursuant to subsection 
                (a)(2)(A);
                    ``(C) appropriate research and evaluation of the 
                activities authorized by this section; and
                    ``(D) implementation of faculty development 
                programs for the improvement and matriculation of 
                Native Hawaiian students.
    ``(b) Special Conditions Required.--For the purpose of fellowships 
awarded under subsection (a), fellowship conditions shall be 
established whereby fellowship recipients obtain an enforceable 
contract obligation to provide their professional services, either 
during the fellowship period or upon completion of a baccalaureate or 
post-baccalaureate degree program, to the Native Hawaiian community.
    ``(c) Administrative Costs.--Not more than 7 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section. Funds appropriated under the authority of this subsection 
shall remain available until expended.

``SEC. 9308. NATIVE HAWAIIAN GIFTED AND TALENTED PROGRAM.

    ``(a) General Authority.--The Secretary is authorized to make a 
grant, to a Native Hawaiian educational organization or an educational 
entity with experience in developing or operating Native Hawaiian 
programs or programs of instruction conducted in the Native Hawaiian 
language, for a gifted and talented program designed to--
            ``(1) address the special needs of Native Hawaiian 
        elementary and secondary school students who are gifted and 
        talented students; and
            ``(2) provide those support services to the families of 
        such students that are needed to enable such students to 
        benefit from the program.
    ``(b) Uses of Funds.--The program funded under this section may 
include--
            ``(1) the identification of the special needs of Native 
        Hawaiian gifted and talented students, particularly with 
        respect to--
                    ``(A) the emotional and psychosocial needs of such 
                students; and
                    ``(B) the provision of those support services to 
                the families of such students that are needed to enable 
                such students to benefit from the program;
            ``(2) the conduct of educational, psychosocial, and 
        developmental activities which hold reasonable promise of 
        resulting in substantial progress toward meeting the 
        educational needs of such students, including demonstrating and 
        exploring the use of the Native Hawaiian language and exposure 
        to Native Hawaiian cultural traditions;
            ``(3) leadership programs designed to--
                    ``(A) replicate programs throughout the State of 
                Hawai`i for gifted and talented students who are not 
                served under this section; and
                    ``(B) coordinate with other Native American gifted 
                and talented leadership programs, including the 
                dissemination of information derived from the program 
                conducted under this section; and
            ``(4) appropriate research, evaluation, and related 
        activities pertaining to--
                    ``(A) the needs of such students; and
                    ``(B) the provision of those support services to 
                the families of such students that are needed to enable 
                such students to benefit from the program.
    ``(c) Administrative Costs.--Not more than 7 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes.
    ``(d) Authorization of Appropriations.--In addition to any other 
amount authorized to be appropriated for the program described in this 
section, there are authorized to be appropriated $1,500,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this section. Funds appropriated 
under the authority of this subsection shall remain available until 
expended.

``SEC. 9309. NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM.

    ``(a) General Authority.--The Secretary is authorized to make 
grants to, or enter into contracts with, Native Hawaiian educational 
organizations or educational entities with experience in developing or 
operating Native Hawaiian programs or programs of instruction conducted 
in the Native Hawaiian language, to operate a program to address the 
special education needs of Native Hawaiian students. Such program may 
include--
            ``(1) the identification of Native Hawaiian students with 
        learning disabilities, mental or physical disabilities, 
        emotional impairments, or who are otherwise in need of special 
        educational services;
            ``(2) the identification of the special education needs of 
        such students, particularly with respect to--
                    ``(A) the emotional and psychosocial needs of such 
                students; and
                    ``(B) the provision of those support services to 
                the families of such students that are needed to enable 
                such students to benefit from the program;
            ``(3) the conduct of educational activities consistent with 
        part B of the Education of Individuals with Disabilities 
        Education Act which hold reasonable promise of resulting in 
        substantial progress toward meeting the educational needs of 
        such students;
            ``(4) the conduct of educational, psychosocial, and 
        developmental activities which hold reasonable promise of 
        resulting in substantial progress toward meeting the 
        educational needs of such students, including demonstrating and 
        exploring the use of the Native Hawaiian language and exposure 
        to Native Hawaiian cultural traditions; and
            ``(5) appropriate research, evaluation, and related 
        activities pertaining to--
                    ``(A) the needs of such students;
                    ``(B) the provision of those support services to 
                the families of such students that are needed to enable 
                such student to benefit from the program; and
                    ``(C) the outcomes and benefits of activities 
                assisted under this section upon such students.
    ``(b) Administrative Costs.--Not more than 7 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes.
    ``(c) Authorization of Appropriations.--In addition to any other 
amount authorized to be appropriated for the program described in this 
section, there are authorized to be appropriated $2,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this section. Funds appropriated 
under the authority of this subsection shall remain available until 
expended.

``SEC. 9310. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND COUNCILS.

    ``(a) Establishment of Native Hawaiian Education Council.--In order 
to better effectuate the purposes of this part through the coordination 
of educational and related services and programs available to Native 
Hawaiians, including those programs receiving funding under this part, 
the Secretary is authorized to establish a Native Hawaiian Education 
Council (hereafter in this part referred to as the `Education 
Council').
    ``(b) Composition of Education Council.--The Education Council 
shall consist of not more than 25 members, including a representative 
of--
            ``(1) each recipient of funds from the Secretary under this 
        part;
            ``(2) the State of Hawai`i Department of Education;
            ``(3) the State of Hawai`i Office of Hawaiian Affairs;
            ``(4) Native Hawaiian educational organizations, such as 
        Alu Like, Inc., Kamehameha Schools Bishop Estate, Hawaiian 
        Language Immersion Advisory Council, Aha Punana Leo, and the 
        Queen Lili`uokalani Trust and Children's Center; and
            ``(5) each Native Hawaiian education island council 
        established under subsection (f).
    ``(c) Conditions and Terms.--At least three-fourths of the members 
of the Education Council shall be Native Hawaiians. Members of the 
Education Council shall be appointed for three-year terms.
    ``(d) Administrative Grant for the Education Council.--The 
Secretary shall make a direct grant to the Education Council in order 
to enable the Education Council to--
            ``(1) coordinate the educational and related services and 
        programs available to Native Hawaiians, including the programs 
        assisted under this part, and assess the extent to which such 
        services and programs meet the needs of Native Hawaiians; and
            ``(2) provide direction and guidance, through the issuance 
        of reports and recommendations, to appropriate Federal, State, 
        and local agencies in order to focus and improve the use of 
        resources, including resources made available under this part, 
        on Native Hawaiian education.
    ``(e) Additional Duties of the Education Council.--
            ``(1) In general.--The Education Council shall provide 
        copies of any reports and recommendations issued by the 
        Education Council to the Secretary, the Committee on Indian 
        Affairs of the Senate, and the Committee on Education and Labor 
        of the House of Representatives, including any information that 
        the Education Council provides to the Secretary pursuant to 
        subsection (i)(1).
            ``(2) Annual report.--The Education Council shall present 
        to the Secretary an annual report on the Education Council's 
        activities.
            ``(3) Island council support and assistance.--The Education 
        Council shall provide such administrative support and financial 
        assistance to the island councils established pursuant to 
        subsection (f) as the Secretary deems appropriate.
    ``(f) Establishment of Island Councils.--
            ``(1) In general.--In order to better effectuate the 
        purposes of this part and to ensure the adequate representation 
        of island and community interests within the Education Council, 
        the Office of Hawaiian Affairs of the State of Hawai`i is 
        authorized to facilitate the establishment of Native Hawaiian 
        education island councils (hereafter in this part referred to 
        as `island councils') for the following islands:
                    ``(A) Hawai`i.
                    ``(B) Maui and Lana`i.
                    ``(C) Moloka`i.
                    ``(D) Kaua`i and Ni`ihau.
                    ``(E) O`ahu.
            ``(2) Composition of island councils.--Each island council 
        shall consist of parents, students, and other community members 
        who have an interest in the education of Native Hawaiians, and 
        shall be representative of the educational needs of all age 
        groups, from preschool through adulthood. At least three-
        fourths of the members of each island council shall be Native 
        Hawaiians
    ``(g) Administrative Provisions Relating to Education Council and 
Island Councils.--The Education Council and each island council shall 
meet at the call of the chairperson of the respective council, or upon 
the request of the majority of the members of the respective council, 
but in any event not less than four times during each calendar year. 
The provisions of the Federal Advisory Committee Act shall not apply to 
the Education Council and each island council.
    ``(h) Compensation.--Members of the Education Council and each 
island council shall not receive any compensation for services on the 
Education Council and each island council, respectively.
    ``(i) Report.--Not later than four years after the date of the 
enactment of the Improving America's Schools Act of 1994, the Secretary 
shall prepare and submit to the Committee on Indian Affairs of the 
Senate, and the Committee on Education and Labor of the House of 
Representatives, a report which summarizes the annual reports of the 
Education Council, describes the allocation and utilization of funds 
under this part, and contains recommendations for changes in Federal, 
State, and local policy to advance the purposes of this part.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
section. Funds appropriated under the authority of this subsection 
shall remain available until expended.

``SEC. 9311. ADMINISTRATIVE PROVISIONS.

    ``(a) Application Required.--No grant may be made under this part, 
nor any contract be entered into under this part, unless an application 
is submitted to the Secretary in such form, in such manner, and 
containing such information as the Secretary may determine necessary to 
carry out the provisions of this part.
    ``(b) Special Rule.--Each application submitted under this part 
shall be accompanied by the comments of each local educational agency 
serving students who will participate in the program for which 
assistance is sought.

``SEC. 9312. DEFINITIONS.

    ``For the purposes of this part--
            ``(1) the term `Native Hawaiian' means any individual who 
        is a descendant of the aboriginal people, who prior to 1778, 
        occupied and exercised sovereignty in the area that now 
        comprises the State of Hawai`i, as evidenced by--
                    ``(A) genealogical records;
                    ``(B) Kupuna (elders) or Kama`aina (long-term 
                community residents) verification; or
                    ``(C) certified birth records;
            ``(2) the term `Native Hawaiian educational organization' 
        means a private nonprofit organization that--
                    ``(A) serves the interests of Native Hawaiians;
                    ``(B) has a demonstrated expertise in the education 
                of Native Hawaiians; and
                    ``(C) has Native Hawaiians in substantive and 
                policymaking positions within the organization;
            ``(3) the term `Native Hawaiian language' means the single 
        Native American language indigenous to the original inhabitants 
        of the State of Hawai`i;
            ``(4) the term `Office of Hawaiian Affairs' means the 
        Office of Hawaiian Affairs established by the Constitution of 
        the State of Hawai`i; and
            ``(5) the term `Native Hawaiian community-based 
        organization' means any organization which is composed 
        primarily of Native Hawaiians from a specific community and 
        which assists in the social, cultural and educational 
        development of Native Hawaiians in that community.

                    ``PART D--TERRITORIAL ASSISTANCE

``SEC. 9401. GENERAL ASSISTANCE FOR THE VIRGIN ISLANDS.

    ``There are authorized to be appropriated $5,000,000 for fiscal 
year 1995 and for each of the 4 succeeding fiscal years, for the 
purpose of providing general assistance to improve public education in 
the Virgin Islands.

                     ``TITLE X--GENERAL PROVISIONS

                         ``PART A--DEFINITIONS

``SEC. 10101. DEFINITIONS.

    ``Except as otherwise provided, for the purposes of this Act, the 
following terms have the following meanings:
            ``(1) Average daily attendance.--(A) Except as provided 
        otherwise by State law or this paragraph, the term `average 
        daily attendance' means--
                    ``(i) the aggregate number of days of attendance of 
                all students during a school year; divided by
                    ``(ii) the number of days school is in session 
                during such school year.
            ``(B) The Secretary shall permit the conversion of average 
        daily membership (or other similar data) to average daily 
        attendance for local educational agencies in States that 
        provide State aid to local educational agencies on the basis of 
        average daily membership or such other data.
            ``(C) If the local educational agency in which a child 
        resides makes a tuition or other payment for the free public 
        education of the child in a school located in another school 
        district, the Secretary shall, for purposes of this Act--
                    ``(i) consider the child to be in attendance at a 
                school of the agency making such payment; and
                    ``(ii) not consider the child to be in attendance 
                at a school of the agency receiving such payment.
            ``(D) If a local educational agency makes a tuition payment 
        to a private school or to a public school of another local 
        educational agency for a child with disabilities, as defined in 
        section 602(a)(1) of the Individuals with Disabilities 
        Education Act, the Secretary shall, for the purposes of this 
        Act, consider such child to be in attendance at a school of the 
        agency making such payment.
            ``(2) Average per-pupil expenditure.--The term `average 
        per-pupil expenditure' means, in the case of a State or of the 
        United States--
                    ``(A) without regard to the source of funds--
                            ``(i) the aggregate current expenditures, 
                        during the third preceding fiscal year (or, if 
                        satisfactory data for that year are not 
                        available, during the most recent preceding 
                        fiscal year for which satisfactory data are 
                        available) of all local educational agencies in 
                        the State or, in the case of the United States 
                        for all States (which, for the purpose of this 
                        paragraph, means the 50 States and the District 
                        of Columbia); plus
                            ``(ii) any direct current expenditures by 
                        the State for operation of such agencies; 
                        divided by
                    ``(B) the aggregate number of children in average 
                daily attendance to whom such agencies provided free 
                public education during such preceding year.
            ``(3) Charter school.--The term `charter school' means a 
        public school operated under public supervision and direction, 
        that is nonsectarian, provides elementary or secondary 
        education, or both, does not change tuition, and complies with 
        relevant Federal education laws.
            ``(4) Child.--The term `child' means any person within the 
        age limits for which the applicable State provides free public 
        education.
            ``(5) Community-based organization.--The term `community-
        based organization' means a public or private nonprofit 
        organization of demonstrated effectiveness that--
                    ``(A) is representative of a community or 
                significant segments of a community; and
                    ``(B) provides educational or related services to 
                individuals in the community.
            ``(6) Consolidated state application.--The term 
        `consolidated State application' means an application submitted 
        by a State educational agency pursuant to section 10302.
            ``(7) County.--The term `county' means one of those 
        divisions of a State used by the Secretary of Commerce in 
        compiling and reporting data regarding counties.
            ``(8) Covered program.--The term `covered program' means 
        each of the programs authorized by--
                    ``(A) part A of title I;
                    ``(B) part D of title I;
                    ``(C) part A of title II (other than section 2114);
                    ``(D) subpart 1 of part A of title V (other than 
                section 5114);
                    ``(E) subpart 2 of part A of title III; and
                    ``(F) title XIII.
            ``(9) Current expenditures.--The term `current 
        expenditures' means expenditures for free public education--
                    ``(A) including expenditures for administration, 
                instruction, attendance and health services, pupil 
                transportation services, operation and maintenance of 
                plant, fixed charges, and net expenditures to cover 
                deficits for food services and student body activities; 
                but
                    ``(B) not including expenditures for community 
                services, capital outlay, and debt service, or any 
                expenditures made from funds received under title I, 
                part A of title II, and title XIII.
            ``(10) Department.--The term `Department' means the 
        Department of Education.
            ``(11) Educational service agency.--The term `educational 
        service agency' means regional public multiservice agencies 
        authorized by State statute to develop, manage, and provide 
        services or programs to local educational agencies.
            ``(12) Elementary school.--The term `elementary school' 
        means a day or residential school that provides elementary 
        education, as determined under State law.
            ``(13) Free public education.--The term `free public 
        education' means education that is provided--
                    ``(A) at public expense, under public supervision 
                and direction, and without tuition charge; and
                    ``(B) as elementary or secondary school education 
                as determined under applicable State law, except that 
                such term does not include any education provided 
                beyond grade 12.
            ``(14) Gifted and talented.--The term `gifted and 
        talented', when used with respect to students, children or 
        youth, means students, children or youth who give evidence of 
        high performance capability in areas such as intellectual, 
        creative, artistic, or leadership capacity, or in specific 
        academic fields, and who require services or activities not 
        ordinarily provided by the school in order to fully develop 
        such capabilities.
            ``(15) Institution of higher education.--The term 
        `institution of higher education' has the meaning given that 
        term in section 1201 of the Higher Education Act of 1965.
            ``(16) Interoperable and interoperability.--The terms 
        `interoperable' and `interoperability' refer to the ability to 
        easily exchange data with, and connect to, other hardware and 
        software in order to provide the greatest accessibility to such 
        data for all students.
            ``(17) Local educational agency.--(A) The term `local 
        educational agency' means a public board of education or other 
        public authority legally constituted within a State for either 
        administrative control or direction of, or to perform a service 
        function for, public elementary or secondary schools in a city, 
        county, township, school district, or other political 
        subdivision of a State, or for such combination of school 
        districts or counties as are recognized in a State as an 
        administrative agency for its public elementary or secondary 
        schools.
            ``(B) The term includes any other public institution or 
        agency having administrative control and direction of a public 
        elementary or secondary school.
            ``(C) The term includes an elementary or secondary school 
        funded by the Bureau of Indian Affairs but only to the extent 
        that such inclusion makes such school eligible for programs for 
        which specific eligibility is not provided to such school in 
        another provision of law, except that such school shall not be 
        subject to the jurisdiction of any State educational agency 
        other than the Bureau of Indian Affairs.
            ``(18) Other staff.--The term `other staff' means pupil 
        services personnel, librarians, career guidance and counseling 
        personnel, education aides, and other instructional and 
        administrative personnel.
            ``(19) Outlying area.--The term `outlying area' means the 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, the Republic of the Marshall Islands, 
        the Federated States of Micronesia, and Palau.
            ``(20) Parent.--The term `parent' includes a legal guardian 
        or other person standing in loco parentis.
            ``(21) Public telecommunication entity.--The term `public 
        telecommunication entity' has the same meaning given to such 
        term in section 397(12) of the Communications Act of 1934.
            ``(22) Pupil services personnel; pupil services.--
                    ``(A) The term `pupil services personnel' means 
                school counselors, school social workers, school 
                psychologists, and other qualified professional 
                personnel involved in providing assessment, diagnosis, 
                counseling, educational, therapeutic, and other 
                necessary services (including related services as such 
                term is defined in section 602 of the Individuals with 
                Disabilities Education Act) as part of a comprehensive 
                program to meet student needs.
                    ``(B) The term `pupil services' means the services 
                provided by pupil services personnel.
            ``(23) Secondary school.--The term `secondary school' means 
        a day or residential school that provides secondary education, 
        as determined under State law, except that such term does not 
        include any education beyond grade 12.
            ``(24) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(25) State.--The term `State' means each of the 50 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and each of the outlying areas.
            ``(26) State educational agency.--The term `State 
        educational agency' means the agency primarily responsible for 
        the State supervision of public elementary and secondary 
        schools.
            ``(27) Technology.--The term `technology' means the latest 
        state-of-the-art technology products and services, such as 
        closed circuit television systems, educational television or 
        radio programs and services, cable television, satellite, 
        copper and audio laser and CD-ROM disks, video and audio tapes, 
        including interactive forms of such products and services, or 
        other technologies.

``SEC. 10102. APPLICABILITY OF THIS TITLE.

    ``Parts B through F of this title do not apply to part A of title 
IX.

   ``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

``SEC. 10201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 
              ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

    ``(a) Consolidation of Administrative Funds.--
            ``(1) In general.--A State educational agency may 
        consolidate the amounts specifically made available to such 
        agency for State administration under one or more of the 
        programs specified under paragraph (2).
            ``(2) Applicability.--This section applies to programs 
        under title I, those covered programs described in 
        subparagraphs (C), (D), (E), and (F) of section 10101(7), and 
        administrative funds under section 308(c) of the Goals 2000: 
        Educate America Act.
    ``(b) Use of Funds.--
            ``(1) In general.--A State educational agency shall use the 
        amount available under this section for the administration of 
        the programs included in the consolidation under subsection 
        (a).
            ``(2) Additional uses.--A State educational agency may also 
        use funds available under this section for administrative 
        activities designed to enhance the effective and coordinated 
        use of funds under the programs included in the consolidation 
        under subsection (a), such as--
                    ``(A) the coordination of such programs with other 
                Federal and non-Federal programs;
                    ``(B) the establishment and operation of peer-
                review mechanisms under this Act;
                    ``(C) the administration of this title;
                    ``(D) the dissemination of information regarding 
                model programs and practices; and
                    ``(E) technical assistance under programs specified 
                in subsection (a)(2).
    ``(c) Records.--A State educational agency that consolidates 
administrative funds under this section shall not be required to keep 
separate records, by individual program, to account for costs relating 
to the administration of programs included in the consolidation under 
subsection (a).
    ``(d) Review.--To determine the effectiveness of State 
administration under this section, the Secretary may periodically 
review the performance of State educational agencies in using 
consolidated administrative funds under this section and take such 
steps as the Secretary finds appropriate to ensure the effectiveness of 
such administration.
    ``(e) Unused Administrative Funds.--If a State educational agency 
does not use all of the funds available to such agency under this 
section for administration, such agency may use such funds during the 
applicable period of availability as funds available under one or more 
programs included in the consolidation under subsection (a).
    ``(f) Consolidation of Funds for Standards and Assessment 
Development.--In order to develop State content standards, State 
student performance standards, or assessments, a State educational 
agency may consolidate the amounts made available to such agency for 
such purposes under title I of this Act and title III of the Goals 
2000: Educate America Act.

``SEC. 10202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

    ``A State educational agency that also serves as a local 
educational agency, in such agency's applications or State plans under 
this Act, shall describe how such agency will eliminate duplication in 
the conduct of administrative functions.

``SEC. 10203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

    ``(a) General Authority.--In accordance with regulations issued by 
the Secretary, a local educational agency, with the approval of its 
State educational agency, may consolidate and use for the 
administration of one or more covered programs for any fiscal year not 
more than the percentage, determined by its State educational agency, 
of the total amount available to that local educational agency under 
those covered programs.
    ``(b) State Procedures.--Within one year from the date of enactment 
of the Improving America's Schools Act of 1994, a State educational 
agency, in collaboration with local educational agencies in the State, 
shall establish procedures for responding to requests from local 
educational agencies to consolidate administrative funds under 
subsection (a) and for establishing limitations on the amount of funds 
under covered programs that may be used for administration on a 
consolidated basis.
    ``(c) Conditions.--A local educational agency that consolidates 
administrative funds under this section for any fiscal year shall not 
use any other funds under the programs included in the consolidation 
for administration for that fiscal year.
    ``(d) Uses of Administrative Funds.--A local educational agency 
that consolidates administrative funds under this section may use such 
consolidated funds for the administration of covered programs and for 
the purposes described in section 10201(b)(2).
    ``(e) Records.--A local educational agency that consolidates 
administrative funds under this section shall not be required to keep 
separate records, by individual covered program, to account for costs 
relating to the administration of covered programs included in the 
consolidation.

``SEC. 10204. ADMINISTRATIVE FUNDS STUDY.

    ``(a) Study.--
            ``(1) In general.--The Secretary shall conduct a study of 
        the use of funds under this Act for the administration, by 
        State and local educational agencies, of all covered programs, 
        including the percentage of grant funds used for such purpose 
        in all covered programs.
            ``(2) Results.--Based on the results of the study described 
        in paragraph (1), the Secretary shall, within one year of the 
        completion of such study, promulgate final regulations 
        regarding the use of funds for administration under all covered 
        programs, including the use of such funds on a consolidated 
        basis and limitations on the amount of such funds that may be 
        used for administration.
    ``(b) Report.--The Secretary shall complete the study conducted 
under this section not later than 1 year after the date of enactment of 
the Improving America's Schools Act of 1994 and shall submit to the 
President and the appropriate committees of the Congress a report 
regarding such study within 30 days of the completion of such study.

``SEC. 10205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR 
              FUNDS.

    ``(a) General Authority.--
            ``(1) Transfer.--The Secretary shall transfer to the 
        Department of the Interior, as a consolidated amount for 
        covered programs, the Indian education programs under part A of 
        title VI of this Act, and the education for homeless children 
        and youth program under subtitle B of title VII of the Stewart 
        B. McKinney Homeless Assistance Act, the amounts allotted to 
        the Department of the Interior under those programs.
            ``(2) Agreement.--(A) The Secretary and the Secretary of 
        the Interior shall enter into an agreement, consistent with the 
        requirements of the programs specified in paragraph (1), for 
        the distribution and use of those funds under terms that the 
        Secretary determines best meet the purposes of those programs.
            ``(B) The agreement shall--
                    ``(i) set forth the plans of the Secretary of the 
                Interior for the use of the amount transferred, the 
                steps to be taken to achieve the National Education 
                Goals, and performance measures to assess program 
                effectiveness, including measurable goals and 
                objectives; and
                    ``(ii) be developed in consultation with Indian 
                tribes.
    ``(b) Administration.--The Department of the Interior may use not 
more than 1.5 percent of the funds consolidated under this section for 
such department's costs related to the administration of the funds 
transferred under this section.

``SEC. 10206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

    ``With the approval of its State educational agency, a local 
educational agency that determines for any fiscal year that funds under 
a covered program other than part A of title I are not needed for the 
purpose of that covered program may use such funds, not to exceed 5 
percent of the total amount of such local educational agency's funds 
under that covered program, for the purpose of another covered program.

   ``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL 
                              APPLICATIONS

``SEC. 10301. PURPOSE.

    ``It is the purpose of this part to improve teaching and learning 
by encouraging greater cross-program coordination, planning, and 
service delivery under this Act and enhanced integration of programs 
under this Act with educational activities carried out with State and 
local funds.

``SEC. 10302. OPTIONAL CONSOLIDATED STATE APPLICATION.

    ``(a) General Authority.--
            ``(1) Simplification.--In order to simplify application 
        requirements and reduce burden for State educational agencies 
        under this Act, the Secretary, in accordance with subsection 
        (b), shall establish procedures and criteria under which a 
        State educational agency may submit a consolidated State plan 
        or application meeting the requirements of this section for 
        each of the covered programs in which the State participates.
            ``(2) Additional programs.--A State educational agency may 
        also include in its consolidated plan or application--
                    ``(A) the Even Start program under part C of title 
                I;
                    ``(B) the education for neglected and delinquent 
                youth program under part E of title I;
                    ``(C) part A of title II of the Carl D. Perkins 
                Vocational and Applied Technology Education Act; and
                    ``(D) such other programs as the Secretary may 
                designate.
            ``(3) Consolidated applications and plans.--A State 
        educational agency that submits a consolidated State plan or 
        application under this section shall not be required to submit 
        separate State plans or applications under any of the programs 
        to which the consolidated application under this section 
        applies.
    ``(b) Collaboration.--
            ``(1) In general.--In establishing criteria and procedures 
        under this section, the Secretary shall collaborate with State 
        educational agencies and, as appropriate, with other State 
        agencies, local educational agencies, public and private 
        nonprofit agencies, organizations, and institutions, private 
        schools, and representatives of parents, students, and 
        teachers.
            ``(2) Contents.--Through the collaborative process 
        described in subsection (b), the Secretary shall establish, for 
        each program under the Act to which this section applies, the 
        descriptions, information, assurances, and other material 
        required to be included in a consolidated State plan or 
        application.

``SEC. 10303. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY 
              ASSURANCES.

    ``(a) Assurances.--A State educational agency that submits a State 
plan or application under this Act, whether separately or under section 
10302, shall have on file with the Secretary a single set of 
assurances, applicable to each program for which a plan or application 
is submitted, that provides that--
            ``(1) each such program will be administered in accordance 
        with all applicable statutes, regulations, program plans, and 
        applications;
            ``(2)(A) the control of funds provided under each such 
        program and title to property acquired with program funds will 
        be in a public agency, in a nonprofit private agency, 
        institution, or organization, or in an Indian tribe if the 
        statute authorizing the program provides for assistance to such 
        entities; and
            ``(B) the public agency, nonprofit private agency, 
        institution, or organization, or Indian tribe will administer 
        such funds and property to the extent required by the 
        authorizing statutes;
            ``(3) the State will adopt and use proper methods of 
        administering each such program, including--
                    ``(A) the enforcement of any obligations imposed by 
                law on agencies, institutions, organizations and other 
                recipients responsible for carrying out each program;
                    ``(B) the correction of deficiencies in program 
                operations that are identified through audits, 
                monitoring, or evaluation; and
                    ``(C) the adoption of written procedures for the 
                receipt and resolution of complaints alleging 
                violations of law in the administration of such 
                programs;
            ``(4) the State will cooperate in carrying out any 
        evaluation of each such program conducted by or for the 
        Secretary or other Federal officials;
            ``(5) the State will use such fiscal control and fund 
        accounting procedures as will ensure proper disbursement of, 
        and accounting for, Federal funds paid to the State under each 
        such program;
            ``(6) the State will--
                    ``(A) make reports to the Secretary as may be 
                necessary to enable the Secretary to perform the 
                Secretary's duties under each such program; and
                    ``(B) maintain such records, provide such 
                information to the Secretary, and afford access to the 
                records as the Secretary may find necessary to carry 
                out the Secretary's duties; and
            ``(7) before the application was submitted to the 
        Secretary, the State has afforded a reasonable opportunity for 
        public comment on the application and has considered such 
        comment.
    ``(b) GEPA Provision.--Section 435 of the General Education 
Provisions Act does not apply to programs under this Act.

``SEC. 10304. CONSOLIDATED LOCAL APPLICATIONS.

    ``(a) General Authority.--A local educational agency receiving 
funds under more than one covered program may submit plans or 
applications to the State educational agency under such programs on a 
consolidated basis.
    ``(b) Required Consolidated Applications.--A State educational 
agency that has submitted and had approved a consolidated State plan or 
application under section 10302 may require local educational agencies 
in the State receiving funds under more than one program included in 
the consolidated State plan or application to submit consolidated local 
plans or applications under such programs.
    ``(c) Collaboration.--A State educational agency shall collaborate 
with local educational agencies in the State in establishing procedures 
for the submission of the consolidated plans or applications under this 
section.

``SEC. 10305. OTHER GENERAL ASSURANCES.

    ``(a) Assurances.--Any applicant other than a State educational 
agency that submits a plan or application under this Act, whether 
separately or pursuant to section 10304, shall have on file with the 
State educational agency a single set of assurances, applicable to each 
program for which a plan or application is submitted, that provides 
that--
            ``(1) each such program will be administered in accordance 
        with all applicable statutes, regulations, program plans, and 
        applications;
            ``(2)(A) the control of funds provided under each such 
        program and title to property acquired with program funds will 
        be in a public agency or in a nonprofit private agency, 
        institution, organization, or Indian tribe, if the statute 
        authorizing the program provides for assistance to such 
        entities; and
            ``(B) the public agency, nonprofit private agency, 
        institution, or organization, or Indian tribe will administer 
        such funds and property to the extent required by the 
        authorizing statutes;
            ``(3) the applicant will adopt and use proper methods of 
        administering each such program, including--
                    ``(A) the enforcement of any obligations imposed by 
                law on agencies, institutions, organizations, and other 
                recipients responsible for carrying out each program; 
                and
                    ``(B) the correction of deficiencies in program 
                operations that are identified through audits, 
                monitoring, or evaluation;
            ``(4) the applicant will cooperate in carrying out any 
        evaluation of each such program conducted by or for the State 
        educational agency or the Secretary or other Federal officials;
            ``(5) the applicant will use such fiscal control and fund 
        accounting procedures as will ensure proper disbursement of, 
        and accounting for, Federal funds paid to such applicant under 
        each such program;
            ``(6) the applicant will--
                    ``(A) make reports to the State educational agency 
                and the Secretary as may be necessary to enable such 
                agency and the Secretary to perform their duties under 
                each such program; and
                    ``(B) maintain such records, provide such 
                information, and afford access to the records as the 
                State educational agency or the Secretary may find 
                necessary to carry out the State educational agency's 
                or the Secretary's duties; and
            ``(7) before the plan or application was submitted, the 
        applicant is afforded a reasonable opportunity for public 
        comment on the plan or application and has considered such 
        comment.
    ``(b) GEPA Provision.--Section 436 of the General Education 
Provisions Act does not apply to programs under this Act.

``SEC. 10306. RELATIONSHIP OF STATE AND LOCAL PLANS TO PLANS UNDER THE 
              GOALS 2000: EDUCATE AMERICA ACT.

    ``(a) State Plans.--
            ``(1) In general.--Each State plan submitted under the 
        following programs shall be integrated with each other and the 
        State's plan, if any, either approved or being developed, under 
        title III of the Goals 2000: Educate America Act:
                    ``(A) Part A of title I (making high-poverty 
                schools work).
                    ``(B) Part D of title I (education of migratory 
                children).
                    ``(C) Part E of title I (education of neglected and 
                delinquent youth).
                    ``(D) Part A of title II (professional 
                development).
                    ``(E) Subpart 1 of part A of title V (safe and 
                drug-free schools).
                    ``(F) Part D of title VI (Indian education).
            ``(2) Special rule.--Notwithstanding any other provision of 
        this Act, if a requirement relating to a State plan referred to 
        in paragraph (1) is already satisfied by the State's approved 
        plan under title III of the Goals 2000: Educate America Act, 
        the State plan referred to in paragraph (1) need not separately 
        address that requirement.
            ``(3) Amendment.--Any State plan referred to in paragraph 
        (1) may, if necessary, be submitted as an amendment to the 
        State's plan under title III of the Goals 2000: Educate America 
        Act.
    ``(b) Local Plans.--
            ``(1) In general.--Each local educational agency plan 
        submitted under the following programs shall be integrated with 
        each other and its plan, if any, either approved or being 
        developed, under title III of the Goals 2000: Educate America 
        Act:
                    ``(A) Part A of title I (making high-poverty 
                schools work).
                    ``(B) Part A of title II (professional 
                development).
                    ``(C) Subpart 1 of part A of title V (safe and 
                drug-free schools).
                    ``(D) Part A of title VI (Indian education).
                    ``(E) Subpart 1 of part A of title VII (bilingual 
                education).
                    ``(F) Part B of title IX (emergency immigrant 
                education).
            ``(2) Plan of operation.--Each plan of operation included 
        in an application submitted by an eligible entity under part C 
        of title I (Even Start) shall be consistent with, and promote 
        the goals of, the State and local plans, either approved or 
        being developed, under title III of the Goals 2000: Educate 
        America Act or, if those plans are not approved or being 
        developed, with the State and local plans under sections 1111 
        and 1112 of this Act.
            ``(3) Special rule.--Notwithstanding any other provision of 
        this Act, if a requirement relating to a local plan referred to 
        in paragraph (1) is already satisfied by the local educational 
        agency's approved plan under title III of the Goals 2000: 
        Educate America Act, the local plan referred to in paragraph 
        (1) need not separately address that requirement.
            ``(4) Submission.--Any local plan referred to in paragraph 
        (1) may, if necessary, be submitted as an amendment to the 
        local educational agency's plan under title III of the Goals 
        2000: Educate America Act.

                           ``PART D--WAIVERS

``SEC. 10401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

    ``(a) Waiver Authority.--Except as provided in subsection (c), the 
Secretary may waive any requirement of this Act or of the General 
Education Provisions Act, or of the regulations issued under such Acts, 
for a State educational agency, local educational agency, Indian tribe, 
or other agency, organization, or institution that receives funds under 
a program authorized by this Act from the Department and that requests 
such a waiver, if--
            ``(1) the Secretary determines that such requirement 
        impedes the ability of the State educational agency or other 
        recipient to achieve more effectively the purposes of this Act;
            ``(2) in the case of a waiver proposal submitted by a State 
        educational agency, the State educational agency--
                    ``(A) provides all interested local educational 
                agencies in the State with notice and an opportunity to 
                comment on the proposal;
                    ``(B) submits the comments to the Secretary; and
                    ``(C) provides notice and information to the public 
                regarding the waiver proposal in the manner that such 
                agency customarily provides similar notices and 
                information to the public; and
            ``(3) in the case of a waiver proposal submitted by a local 
        educational agency or other agency, institution, or 
        organization that receives funds under this Act from a State 
        educational agency--
                    ``(A) such request has been reviewed by the State 
                educational agency and is accompanied by the comments, 
                if any, of such State educational agency; and
                    ``(B) notice and information regarding the waiver 
                proposal has been provided to the public by the agency, 
                institution, or organization requesting the waiver in 
                the manner that such agency, institution, or 
                organization customarily provides similar notices and 
                information to the public.
    ``(b) Waiver Period.--
            ``(1)  In general.--A waiver under this section shall be 
        for a period not to exceed 4 years.
            ``(2) Extension.--The Secretary may extend the period 
        described in paragraph (1) if the Secretary determines that--
                    ``(A) the waiver has been effective in enabling the 
                State or affected recipients to carry out the 
                activities for which the waiver was requested and the 
                waiver has contributed to improved performance; and
                    ``(B) such extension is in the public interest.
    ``(c) Waivers Not Authorized.--The Secretary may not waive, under 
this section, any statutory or regulatory requirement relating to--
            ``(1) comparability of services;
            ``(2) maintenance of effort;
            ``(3) the equitable participation of students attending 
        private schools;
            ``(4) parental participation and involvement;
            ``(5) the distribution of funds to States or to local 
        educational agencies or other recipients of funds under this 
        Act;
            ``(6) applicable civil rights requirements; or
            ``(7) the requirements of sections 438 and 439 of the 
        General Education Provisions Act.
    ``(d) Termination of Waivers.--The Secretary shall terminate a 
waiver under this section if the Secretary determines that the 
performance of the State or other recipient affected by the waiver has 
been inadequate to justify a continuation of the waiver or if the 
waiver is no longer necessary to achieve its original purposes.
    ``(e) Publication.--A notice of the Secretary's decision to grant 
each waiver under subsection (a) shall be published in the Federal 
Register and the Secretary shall provide for the dissemination of such 
notice to State educational agencies, interested parties, including 
educators, parents, students, advocacy, and civil rights organizations, 
other interested parties, and the public.

                      ``PART E--UNIFORM PROVISIONS

``SEC. 10501. MAINTENANCE OF EFFORT.

    ``(a) In General.--A local educational agency may receive funds 
under a covered program for any fiscal year only if the State 
educational agency finds that either the combined fiscal effort per 
student or the aggregate expenditures of that agency and the State with 
respect to the provision of free public education by that agency for 
the preceding fiscal year was not less than 90 percent of such combined 
fiscal effort or aggregate expenditures for the second preceding fiscal 
year.
    ``(b) Reduction in Case of Failure To Meet.--
            ``(1) In general.--The State educational agency shall 
        reduce the amount of the allocation of funds under a covered 
        program in any fiscal year in the exact proportion to which a 
        local educational agency fails to meet the requirement of 
        subsection (a) by falling below 90 percent of both the combined 
        fiscal effort per student and aggregate expenditures (using the 
        measure most favorable to such local agency).
            ``(2) Special rule.--No such lesser amount shall be used 
        for computing the effort required under subsection (a) for 
        subsequent years.
    ``(c) Waiver.--The Secretary may waive the requirements of this 
section if the Secretary determines that such a waiver would be 
equitable due to--
            ``(1) exceptional or uncontrollable circumstances such as a 
        natural disaster; or
            ``(2) a precipitous decline in the financial resources of 
        the local educational agency.

``SEC. 10502. PROHIBITION REGARDING STATE AID.

    ``No State shall take into consideration payments under this Act in 
determining the eligibility of any local educational agency in that 
State for State aid, or the amount of State aid, with respect to free 
public education of children.

``SEC. 10503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

    ``(a) Private School Participation.--
            ``(1) In general.--Except as otherwise provided in this 
        Act, to the extent consistent with the number of eligible 
        children in a State educational agency, local educational 
        agency, or intermediate educational agency or consortium 
        receiving financial assistance under a program specified in 
        subsection (b), who are enrolled in private elementary and 
        secondary schools in such agency or consortium, such agency or 
        consortium shall, after timely and meaningful consultation with 
        appropriate private school officials, provide such children, 
        their teachers, administrators, and other staff, on an 
        equitable basis, special educational services or other benefits 
        under such program.
            ``(2) Secular, neutral, and nonideological services or 
        benefits.--Educational services or other benefits, including 
        materials and equipment, provided under this section, must be 
        secular, neutral, and nonideological.
            ``(3) Special rule.--Educational services and other 
        benefits provided under this section for such private school 
        children, teachers, and other educational personnel shall be 
        equitable in comparison to services and other benefits for 
        public school children, teachers, administrators, and other 
        staff participating in such program.
            ``(4) Expenditures.--Expenditures for educational services 
        and other benefits provided under this section to eligible 
        private school children, their teachers, and other educational 
        personnel serving such children shall be equal, taking into 
        account the number and educational needs of the children to be 
        served, to the expenditures for participating public school 
        children.
            ``(5) Provision of services.--Such agency or consortium may 
        provide such services directly or through contracts with public 
        and private agencies, organizations, and institutions.
    ``(b) Applicability.--
            ``(1) In general.--This section applies to--
                    ``(A) part A of title I;
                    ``(B) part D of title I;
                    ``(C) part A of title II (other than section 2114);
                    ``(D) part A of title III;
                    ``(E) part B of title III;
                    ``(F) part D of title III;
                    ``(G) subpart 1 of part A of title V (other than 
                section 5114);
                    ``(H) title VII;
                    ``(I) part B of title IX; and
                    ``(J) title XIII.
            ``(2) Definition.--For the purposes of this section, the 
        term `eligible children' means children eligible for services 
        under a program described in paragraph (1).
    ``(c) Consultation.--
            ``(1) In general.--To ensure timely and meaningful 
        consultation, such agency or consortium shall consult with 
        appropriate private school officials during the design and 
        development of the programs under this Act, on issues such as--
                    ``(A) how the children's needs will be identified;
                    ``(B) what services will be offered;
                    ``(C) how and where the services will be provided; 
                and
                    ``(D) how the services will be assessed.
            ``(2) Timing.--Such consultation shall occur before the 
        agency or consortium makes any decision that affects the 
        opportunities of eligible private school children, teachers, 
        and other educational personnel to participate in programs 
        under this Act.
            ``(3) Discussion required.--Such consultation shall include 
        a discussion of service delivery mechanisms that an agency or 
        consortium could use to provide equitable services to eligible 
        private school children, teachers, administrators, and other 
        staff.
    ``(d) Public Control of Funds.--
            ``(1) In general.--The control of funds used to provide 
        services under this section, and title to materials, equipment, 
        and property purchased with such funds, shall be in a public 
        agency for the uses and purposes provided in this Act, and a 
        public agency shall administer such funds and property.
            ``(2) Provision of services.--(A) The provision of services 
        under this section shall be provided--
                    ``(i) by employees of a public agency; or
                    ``(ii) through contract by such public agency with 
                an individual, association, agency, or organization.
            ``(B) In the provision of such services, such employee, 
        person, association, agency, or organization shall be 
        independent of such private school and of any religious 
        organization, and such employment or contract shall be under 
        the control and supervision of such public agency.
            ``(C) Funds used to provide services under this section 
        shall not be commingled with non-Federal funds.

``SEC. 10504. STANDARDS FOR BY-PASS.

    ``If, by reason of any provision of law, a State, local, or 
intermediate educational agency or consortium of such agencies is 
prohibited from providing for the participation in programs of children 
enrolled in, or teachers or other educational personnel from, private 
elementary and secondary schools, on an equitable basis, or if the 
Secretary determines that such agency or consortium has substantially 
failed or is unwilling to provide for such participation, as required 
by section 10503, the Secretary shall--
            ``(1) waive the requirements of that section for such 
        agency or consortium; and
            ``(2) arrange for the provision of equitable services to 
        such children, teachers, or other educational personnel through 
        arrangements that shall be subject to the requirements of this 
        section and of sections 10503, 10505, and 10506.

``SEC. 10505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL 
              CHILDREN.

    ``(a) Procedures for Complaints.--The Secretary shall develop and 
implement written procedures for receiving, investigating, and 
resolving complaints from parents, teachers, or other individuals and 
organizations concerning violations by an agency or consortium of 
section 10503 of this Act. Such individual or organization shall submit 
such complaint to the State educational agency for a written resolution 
by such agency within a reasonable period of time.
    ``(b) Appeals to the Secretary.--Such resolution may be appealed by 
an interested party to the Secretary within 30 days after the State 
educational agency resolves the complaint or fails to resolve the 
complaint within a reasonable period of time. Such appeal shall be 
accompanied by a copy of the State educational agency's resolution, and 
a complete statement of the reasons supporting the appeal. The 
Secretary shall investigate and resolve each such appeal within 120 
days after receipt of the appeal.

``SEC. 10506. BY-PASS DETERMINATION PROCESS.

    ``(a) Review.--
            ``(1) In general.--(A) The Secretary shall not take any 
        final action under section 10504 until the agency or consortium 
        affected by such action has had an opportunity, for at least 45 
        days after receiving written notice thereof, to submit written 
        objections and to appear before the Secretary to show cause why 
        that action should not be taken.
            ``(B) Pending final resolution of any investigation or 
        complaint that could result in a determination under this 
        section, the Secretary may withhold from the allocation of the 
        affected State or local educational agency the amount estimated 
        by the Secretary to be necessary to pay the cost of those 
        services.
            ``(2) Petition for review.--(A) If such affected agency or 
        consortium is dissatisfied with the Secretary's final action 
        after a proceeding under paragraph (1), such agency or 
        consortium may, within 60 days after notice of such action, 
        file with the United States court of appeals for the circuit in 
        which such State is located a petition for review of that 
        action.
            ``(B) A copy of the petition shall be forthwith transmitted 
        by the clerk of the court to the Secretary.
            ``(C) The Secretary thereupon shall file in the court the 
        record of the proceedings on which the Secretary based this 
        action, as provided in section 2112 of title 28, United States 
        Code.
            ``(3) Findings of fact.--(A) The findings of fact by the 
        Secretary, if supported by substantial evidence, shall be 
        conclusive, but the court, for good cause shown, may remand the 
        case to the Secretary to take further evidence and the 
        Secretary may thereupon make new or modified findings of fact 
        and may modify the Secretary's previous action, and shall file 
        in the court the record of the further proceedings.
            ``(B) Such new or modified findings of fact shall likewise 
        be conclusive if supported by substantial evidence.
            ``(4) Jurisdiction.--(A) Upon the filing of such petition, 
        the court shall have jurisdiction to affirm the action of the 
        Secretary or to set it aside, in whole or in part.
            ``(B) The judgment of the court shall be subject to review 
        by the Supreme Court of the United States upon certiorari or 
        certification as provided in section 1254 of title 28, United 
        States Code.
    ``(b) Determination.--Any determination by the Secretary under this 
section shall continue in effect until the Secretary determines, in 
consultation with such agency or consortium and representatives of the 
affected private school children, teachers, or other educational 
personnel that there will no longer be any failure or inability on the 
part of such agency or consortium to meet the applicable requirements 
of section 10503 or any other provision of this Act.
    ``(c) Payment From State Allotment.--When the Secretary arranges 
for services pursuant to this section, the Secretary shall, after 
consultation with the appropriate public and private school officials, 
pay the cost of such services, including the administrative costs of 
arranging for those services, from the appropriate allocation or 
allocations under this Act.
    ``(d) Prior Determination.--Any by-pass determination by the 
Secretary under this Act as in effect on the day preceding the date of 
enactment of the Improving America's Schools Act of 1994 shall remain 
in effect to the extent the Secretary determines that such 
determination is consistent with the purpose of this section.

``SEC. 10507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR 
              INSTRUCTION.

    ``Nothing contained in this Act shall be construed to authorize the 
making of any payment under this Act for religious worship or 
instruction.

                       ``PART F--OTHER PROVISIONS

``SEC. 10601. STATE RECOGNITION OF EXEMPLARY PERFORMANCE.

    ``(a) Recognition.--
            ``(1) In general.--A State educational agency may implement 
        a program of State recognition awards under one or more covered 
        programs (other than parts A and C of title I).
            ``(2) Recipients.--Such recognition awards shall be made by 
        the State educational agency to recipients of assistance under 
        this Act in the State that the State educational agency 
        determines have carried out grant-related activities in an 
        exemplary fashion and have demonstrated outstanding performance 
        measured in accordance with this section.
            ``(3) Funding.--A State desiring to make monetary awards 
        under this section may reserve a portion of the total amount 
        available for grants within the State under such programs for 
        any fiscal year, not to exceed 1 percent, for the purpose of 
        making recognition awards to qualifying recipients under such 
        programs. In implementing this section, a State may reduce the 
        amount of funds the State would otherwise allocate to 
        recipients in accordance with the applicable statute governing 
        such allocation to the extent necessary.
    ``(b) Conditions.--A State educational agency may make recognition 
awards under this section if--
            ``(1) in selecting awardees, such agency takes into account 
        improvements in performance (rather than comparisons with other 
        schools and school districts), and successful cooperative 
        efforts among teachers, administrators, and other school 
        personnel in achieving educational reform;
            ``(2) such agency employs peer review procedures in 
        identifying recipients eligible for awards, the identity of the 
        awardees, and the amount of the awards;
            ``(3) such agency determines that the awardee is in 
        compliance with applicable civil rights requirements; and
            ``(4) such agency submits to the Secretary a description of 
        the criteria used in making such awards.

``SEC. 10602. APPLICABILITY TO HOME SCHOOLS.

    ``Nothing in this Act shall be construed to affect home schools.

``SEC. 10603. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC 
              SCHOOLS.

    ``Nothing in this Act shall be construed to permit, allow, 
encourage, or authorize any Federal control over any aspect of any 
private, religious, or home school, whether or not a home school is 
treated as a private school or home school under State law. This 
section shall not be construed to bar private, religious, or home 
schools from participation in programs or services under this Act.

``SEC. 10604. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.

    ``Nothing in this Act shall be construed to authorize an officer or 
employee of the Federal Government to mandate, direct, or control a 
State, local educational agency, or school's curriculum, program of 
instruction, or allocation of State or local resources, or mandate a 
State or any subdivision thereof to spend any funds or incur any costs 
not paid for under this Act.

``SEC. 10605. REPORT.

    ``The Secretary shall report to the Congress within 180 days of the 
date of enactment of the Improving America's Schools Act of 1994 
regarding how the Secretary shall ensure that audits conducted by 
Department employees of activities assisted under this Act comply with 
changes to this Act made by the Improving America's Schools Act of 
1994, particularly with respect to permitting children with similar 
educational needs to be served in the same educational settings, where 
appropriate.

``SEC. 10606. REQUIRED PARTICIPATION PROHIBITED.

    ``Notwithstanding any other provision of law, no State shall be 
required to participate in any program under the Goals 2000: Education 
America Act, or to have content standards or student performance 
standards approved or certified under such Act, in order to receive 
assistance under this Act.

``SEC. 10607. SCHOOL PRAYER

    ``Any State or local education agency that is adjudged by a Federal 
court of competent jurisdiction to have willfully violated a Federal 
court order mandating that such local educational agency remedy a 
violation of the constitutional right of any student with respect to 
prayer in public schools, in addition to any other judicial remedies, 
shall be ineligible to receive Federal funds until such time as the 
local educational agency complies with such order. Funds that are 
withheld under this section shall not be reimbursed for the period 
during which the local educational agency was in willful noncompliance.

``SEC. 10608. PRIVATELY MANAGED SCHOOLS.

    ``Nothing in this Act shall be construed to deny States or local 
educational agencies the opportunity to use Federal funds to contract 
with private management firms.

``SEC. 10609. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.

    ``(a) In General.--No funds shall be made available under this Act 
to any local educational agency unless such agency has a policy 
requiring referral to the criminal justice or juvenile delinquency 
system of any student who brings a firearm or weapon to a school served 
by such agency.
    ``(b) Definitions.--For the purpose of this section, the terms 
`firearm' and `school' have the same meaning given to such terms by 
section 921(a) of title 18, United States Code.

                         ``PART G--EVALUATIONS

``SEC. 10701. EVALUATIONS.

    ``(a) Evaluations.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary is authorized to reserve not more than 0.50 percent 
        of the amount appropriated to carry out each program authorized 
        under this Act--
                    ``(A) to carry out program evaluations and studies 
                of program effectiveness under this Act in accordance 
                with subsection (b);
                    ``(B) to evaluate the aggregate short- and long-
                term effects and cost efficiencies across Federal 
                programs authorized under this Act and related 
                preschool, elementary and secondary Federal programs 
                under other Federal law;
                    ``(C) to evaluate the short- and long-term effects 
                of demonstration projects that show the most promise of 
                enabling children served under this Act to meet 
                challenging standards in accordance with subsection 
                (c); and
                    ``(D) to strengthen the usefulness of grant 
                recipient evaluations for continuous program progress 
                through improving the quality, timeliness, efficiency, 
                and utilization of program information on program 
                performance.
            ``(2) Special rule.--(A) Paragraph (1) shall not apply to 
        any program under title I.
            ``(B) If funds are made available under any program 
        assisted under this Act (other than a program under title I) 
        for evaluation activities, then the Secretary shall use such 
        funds to carry out paragraph (1).
    ``(b) National Evaluations.--
            ``(1) In general.--The Secretary shall use not more than 90 
        percent of the funds made available under subsection (a) to 
        carry out--
                    ``(A) independent studies of programs authorized 
                under this Act that are coordinated with research 
                supported through the Office of Educational Research 
                and Improvement, and use rigorous methodological 
                designs and techniques, including longitudinal designs, 
                control groups, and random assignment as appropriate, 
                to determine--
                            ``(i) the success of such programs in 
                        meeting the measurable goals and objectives, 
                        through appropriate targeting, quality 
                        services, and efficient administration, and in 
                        contributing to achieving the National 
                        Education Goals, with a priority on assessing 
                        program impact on student performance;
                            ``(ii) the short- and long-term effects of 
                        program participation on program participants, 
                        as appropriate;
                            ``(iii) the cost and efficiency of such 
                        programs; and
                            ``(iv) to the extent feasible, the cost of 
                        serving all students eligible to be served 
                        under such programs;
                    ``(B) in collaboration with the national assessment 
                conducted pursuant to section 1601, conduct a 
                comprehensive evaluation of how the Federal Government 
                has assisted the States to reform their educational 
                systems through the various education laws enacted 
                during the 103d Congress, which evaluation shall--
                            ``(i) encompass the changes made in Federal 
                        programs pursuant to the Improving America's 
                        Schools Act of 1994 as well as in any other law 
                        enacted during the 103d Congress that amended a 
                        Federal program assisting preelementary, 
                        elementary, or secondary education;
                            ``(ii) encompass new initiatives such as 
                        initiatives under the Goals 2000: Educate 
                        America Act, and the School-to-Work 
                        Opportunities Act of 1994, and be coordinated 
                        with evaluations of such Acts;
                            ``(iii) include a comprehensive review of 
                        the programs developed under the Acts described 
                        in clauses (i) and (ii) to determine such 
                        programs' overall effect on--
                                    ``(I) the readiness of children for 
                                schooling;
                                    ``(II) the improvement in 
                                educational attainment of students in 
                                elementary and secondary education; and
                                    ``(III) the improvement in skills 
                                needed by students to obtain employment 
                                or pursue further education upon 
                                completion of secondary school or 
                                further education;
                            ``(iv) include a comprehensive review of 
                        the programs under the Acts described in 
                        clauses (i) and (ii) to determine such 
                        programs' overall effect--
                                    ``(I) on school reform efforts 
                                undertaken by States; and
                                    ``(II) on student populations that 
                                have been the traditional beneficiaries 
                                of Federal assistance in order to 
                                determine whether such population's 
                                educational attainment has been 
                                improved as a result of such programs;
                            ``(v) evaluate how the National Assessment 
                        Governing Board, the Advisory Council on 
                        Education Statistics, the National Education 
                        Goals Panel, and the National Education 
                        Statistics and Improvement Council (and any 
                        other Federal board established to analyze, 
                        address, or approve education standards and 
                        assessments) coordinate, interact, or duplicate 
                        efforts to assist the States in reforming the 
                        educational systems of States; and
                            ``(vi) include a review of the programs 
                        under the Acts described in clauses (i) and 
                        (ii) in such detail as the Secretary deems 
                        appropriate, and may involve cooperation with 
                        other Federal departments and agencies in order 
                        to incorporate evaluations and recommendations 
                        of such departments and agencies; and
                    ``(C) a study of the waivers granted under section 
                10401, which study shall include--
                            ``(i) data on the total number of waiver 
                        requests that were granted and the total number 
                        of such requests that were denied, 
                        disaggregated by the statutory or regulatory 
                        requirement for which the waivers were 
                        requested; and
                            ``(ii) an analysis, based on an appropriate 
                        sample of agencies, tribes, organizations, and 
                        institutions receiving waivers, of the 
                        effectiveness of such waivers in improving 
                        student performance outcomes.
            ``(2) Independent panel.--The Secretary shall appoint an 
        independent panel to review the plan for the evaluation 
        described in paragraph (1), to advise the Secretary on such 
        evaluation's progress, and to comment, if the panel so wishes, 
        on the final report described in paragraph (3).
            ``(3) Report.--The Secretary shall submit a final report on 
        the evaluation described in this subsection by January 1, 1998, 
        to the Committee on Education and Labor of the House of 
        Representatives and to the Committee on Labor and Human 
        Resources of the Senate.
    ``(c) Evaluation of Demonstrations of Innovative Practices.--The 
Secretary shall use at least 10 percent of funds reserved under 
subsection (a) for evaluation of demonstration projects assisted under 
this Act in order to improve student achievement. Such evaluation 
shall--
            ``(1) identify specific intervention strategies and 
        implementation of such strategies that, based on theory, 
        research and evaluation, offer the promise of improved 
        achievement of program objectives;
            ``(2) use rigorous methodological designs and techniques, 
        including longitudinal designs, control groups, and random 
        assignment, to the extent feasible, to produce reliable 
        evidence of effectiveness;
            ``(3) assess at the end the reauthorization period of each 
        demonstration project the knowledge gained in identifying and 
        disseminating effective management and educational practices; 
        and
            ``(4) to the extent feasible, the cost of serving all 
        students eligible to be served under such demonstration 
        projects.
    ``(d) Recipient Evaluation and Quality Assurance Improvement.--The 
Secretary is authorized to provide guidance, technical assistance, and 
model programs to recipients of assistance under this Act to strengthen 
information for quality assurance and performance information feedback 
at State and local levels. Such guidance and assistance shall promote 
the development, measurement and reporting of valid, reliable, timely 
and consistent performance indicators within a program in order to 
promote continuous program improvement. Nothing in this subsection 
shall be construed to establish a national data system.

    ``TITLE XI--CULTURAL PARTNERSHIPS FOR AT-RISK CHILDREN AND YOUTH

``SEC. 11101. SHORT TITLE.

    ``This title may be cited as the `Cultural Partnerships for At-Risk 
Children and Youth Act of 1994'.

``SEC. 11102. FINDINGS.

    ``The Congress finds that--
            ``(1) with local school budget cuts there are inadequate 
        arts and cultural programs available for children and youth in 
        schools, especially at the elementary school level;
            ``(2) children and youth who receive instruction in the 
        arts and humanities, or who are involved in cultural 
        activities, remain in school longer and are more successful 
        than children who do not receive such instruction;
            ``(3) school-university partnerships that upgrade teacher 
        training in the arts and humanities have significantly 
        contributed to improved instruction and achievement levels of 
        school-aged children; and
            ``(4) museum outreach, cultural activities and informal 
        education for at-risk children and youth have contributed 
        significantly to the educational achievement and enhanced 
        interest in learning of at-risk children and youth.

``SEC. 11103. DEMONSTRATION PROGRAM.

    ``(a) Grants Authorized.--
            ``(1) Grant from secretary.--(A) The Secretary, by grant, 
        shall award all funds appropriated under section 11108 to the 
        Committee established under subsection (b) to enable such 
        Committee to award subgrants in accordance with paragraph (2).
            ``(B) The Committee established under subsection (b) may 
        reserve not more than 5 percent of the grant funds received 
        under paragraph (1) in each fiscal year for the costs of 
        administration.
            ``(2) Subgrants.--(A) From grant funds received under 
        paragraph (1)(A) and not reserved under paragraph (1)(B), the 
        Committee established under subsection (b) shall award 
        subgrants to eligible entities to enable such entities to 
        improve the educational performance and potential of at-risk 
        children and youth by providing comprehensive and coordinated 
        educational and cultural services to such children and youth.
            ``(B) Each eligible recipient may reserve not more than 5 
        percent of any subgrant funds received under this part in each 
        fiscal year for the costs of administration.
            ``(3) Eligible entities.--For purposes of this title, the 
        term `eligible entity' means--
                    ``(A) for purposes of determining eligibility for a 
                subgrant under this title to serve in-school children 
                and youth, a partnership between--
                            ``(i) a local educational agency or an 
                        individual school that is eligible to 
                        participate in a schoolwide program under 
                        section 1114; and
                            ``(ii) at least 1 institution of higher 
                        education, museum, local arts agency, or 
                        cultural entity that is accessible to 
                        individuals within the school district of such 
                        local educational agency or school, and that 
                        has a history of providing quality services to 
                        the community, which may include--
                                    ``(I) a nonprofit institution of 
                                higher education, local arts agency, 
                                cultural institution, or zoological or 
                                botanical facility; or
                                    ``(II) a private for-profit entity 
                                with an effective history of training 
                                children and youth in the arts or 
                                humanities; and
                    ``(B) for purposes of determining eligibility for a 
                subgrant under this title to serve out-of-school youth, 
                a partnership between--
                            ``(i) at least 1 entity described in clause 
                        (i) or (ii) of subparagraph (A); and
                            ``(ii) at least 1 entity described in 
                        clause (ii) of subparagraph (A).
    ``(b) National Committee on Cultural Partnerships for At-Risk 
Children and Youth.--
            ``(1) Establishment.--There is established a committee to 
        be known as the National Committee on Cultural Partnerships for 
        At-Risk Children and Youth (referred to in this title as the 
        `Committee').
            ``(2) Membership.--The Committee shall be comprised of 8 
        members, of whom--
                    ``(A) 2 members shall be appointed by the Secretary 
                of Education;
                    ``(B) 2 members shall be appointed by the 
                Chairperson of the National Endowment for the 
                Humanities;
                    ``(C) 2 members shall be appointed by the 
                Chairperson of the National Endowment for the Arts; and
                    ``(D) 2 members shall be appointed by the Director 
                of the Institute of Museum Services.
    ``(c) Award of Subgrants.--
            ``(1) In general.--The Committee shall award subgrants 
        under this title to eligible entities seeking to carry out 
        programs designed to--
                    ``(A) promote and enhance educational and cultural 
                activities;
                    ``(B) provide integration of community cultural 
                resources into the regular curriculum and school day;
                    ``(C) focus school and cultural resources in the 
                community on coordinated cultural services to address 
                the needs of at-risk children and youth;
                    ``(D) provide effective cultural programs to 
                facilitate the transition from preschool programs to 
                elementary school programs, including programs under 
                the Head Start Act and part H of the Individuals with 
                Disabilities Education Act;
                    ``(E) facilitate school-to-work transition from 
                secondary schools and alternative schools to job 
                training, higher education, and employment through 
                educational programs and activities that utilize school 
                resources;
                    ``(F) increase parental and community involvement 
                in the educational, social, and cultural development of 
                at-risk children and youth; or
                    ``(G) develop programs and strategies that--
                            ``(i) provide high-quality coordinated 
                        educational and cultural services; and
                            ``(ii) are designed to integrate such 
                        coordination into the regular curriculum and to 
                        replicate the services in other schools.
            ``(2) Special rule.--Subgrants awarded under this title 
        shall be of sufficient size, scope, and quality to be 
        effective.
            ``(3) Coordination.--(A) The Committee shall award 
        subgrants under this title only to eligible entities that agree 
        to coordinate activities carried out under this part with other 
        Federal, State, and local programs designed to serve the 
        purposes and target populations described in this title.
            ``(B) The Committee shall award subgrants under this title 
        so as to ensure nonduplication of services provided by subgrant 
        recipients and services provided by--
                    ``(i) the National Endowment for the Humanities;
                    ``(ii) the National Endowment for the Arts; and
                    ``(iii) the Institute for Museum Services.
            ``(4) Geographic distribution.--In awarding subgrants under 
        this title the Committee, to the extent feasible, shall ensure 
        an equitable geographic distribution of such subgrants.
            ``(5) Priority.--In awarding subgrants under this title the 
        Committee may give priority to eligible entities that provide 
        comprehensive services that extend beyond traditional school or 
        service hours.
            ``(6) Renewal.--The recipient of a subgrant under this 
        title may be eligible for funding for a maximum of 5 years, if 
        the Committee determines that the eligible recipient has made 
        satisfactory progress toward the achievement of the program 
        goals described in the application.
            ``(7) Criteria and procedures.--The Committee shall 
        establish and transmit to the Secretary criteria and procedures 
        for awarding subgrants under this title. The Secretary shall 
        publish such criteria and procedures in the Federal Register.
    ``(d) Application.--
            ``(1) In general.--Each eligible entity seeking a subgrant 
        under this title shall submit an application to the Committee 
        at such time, in such manner, and accompanied by such 
        information as the Committee may reasonably require.
            ``(2) Contents.--Each application submitted to the 
        Committee pursuant to paragraph (1) shall--
                    ``(A) describe the cultural entity or entities that 
                will participate in the partnership;
                    ``(B) describe the target population to be served;
                    ``(C) describe the services to be provided;
                    ``(D) describe a plan for evaluating the success of 
                the program;
                    ``(E) in the case of each local educational agency 
                or school participating in the eligible recipient 
                partnership, describe how the activities assisted under 
                this title will be perpetuated beyond the duration of 
                the subgrant;
                    ``(F) describe the manner in which the eligible 
                entity will seek to improve the educational achievement 
                or future potential of at-risk children and youth 
                through more effective coordination of cultural 
                services in the community;
                    ``(G) describe the overall and operational goals of 
                the program; and
                    ``(H) describe training that will be provided to 
                individuals who are not trained to work with children 
                and youth, and how teachers will be involved.
    ``(e) Target Population.--To be eligible for a subgrant under this 
title, an eligible entity shall serve--
            ``(1) students enrolled in schools participating in a 
        schoolwide program under section 1114 and the families of such 
        students to the extent practicable;
            ``(2) out-of-school children and youth at risk of 
        disadvantages resulting from teenage parenting, substance 
        abuse, recent migration, disability, limited-English 
        proficiency, illiteracy, being the child of a teenage parent, 
        living in a single parent household, or dropping out of school; 
        or
            ``(3) any combination of in-school and out-of-school at-
        risk children and youth.

``SEC. 11104. AUTHORIZED ACTIVITIES.

    ``(a) In General.--Subgrants awarded under this title may be used--
            ``(1) to plan, develop, acquire, expand, and improve 
        school-based or community-based coordinated educational and 
        cultural programs to strengthen the educational performance and 
        future potential of in-school or out-of-school at-risk children 
        and youth through grants, cooperative agreements, contracts for 
        services, or administrative coordination;
            ``(2) to provide at-risk students with integrated cultural 
        activities designed to develop a love of learning that fosters 
        the smooth transition of preschool children to elementary 
        school;
            ``(3) to design collaborative cultural activities for 
        students in secondary or alternative schools that ensure the 
        smooth transition to job training, higher education, or full 
        employment;
            ``(4) to provide child care for children of at-risk 
        students who would not otherwise be able to participate in the 
        program;
            ``(5) to provide transportation necessary for participation 
        in the program;
            ``(6) to develop curriculum materials in the arts;
            ``(7) for staff development activities that encourage the 
        integration of the arts into the curriculum;
            ``(8) for stipends that allow local arts and humanities 
        professionals to work with at-risk children and youth in 
        schools;
            ``(9) for training individuals who are not trained to work 
        with children and youth;
            ``(10) for cultural programs that encourage the active 
        participation of parents in the education of their children;
            ``(11) for programs that use the arts and culture to reform 
        current school practices, including lengthening the school day 
        or academic year;
            ``(12) for equipment or supplies that the Committee 
        determines appropriate; and
            ``(13) for evaluation, administration, and supervision.
    ``(b) Teachers.--Each recipient of a subgrant under this title 
serving in-school children and youth shall carry out the activities 
described in the application with the involvement of a certified 
teacher or trained instructor.

``SEC. 11105. PLANNING SUBGRANTS.

    ``(a) In General.--The Committee may award planning subgrants to 
eligible entities under this title.
    ``(b) Amount.--A planning subgrant shall be in an amount not to 
exceed $50,000.
    ``(c) Duration.--A planning subgrant shall be for a period of not 
more than 1 year.
    ``(d) Limitations.--An eligible entity may receive not more than 1 
planning subgrant under this section.

``SEC. 11106. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; LIMITATIONS.

    ``(a) Payments.--The Secretary shall pay to each eligible entity 
having an application approved under section 11103, the Federal share 
of the cost of the activities described in the application.
    ``(b) Cost Share.--
            ``(1) Federal share.--The Federal share of a subgrant under 
        this title shall be 80 percent of the cost of carrying out the 
        activities described in the application.
            ``(2) Non-federal share.--The non-Federal share of a 
        subgrant under this title shall be 20 percent of the cost of 
        carrying out the activities described in the application and 
        may be in cash or in kind, fairly evaluated, including the 
        provision of equipment, services, or facilities.
    ``(c) Limitations.--
            ``(1) Noninstructional services.--Not more than 25 percent 
        of the subgrant funds provided in any fiscal year under this 
        title may be used for noninstructional activities such as the 
        activities described in paragraphs (4), (5), and (12) of 
        section 11104(a).
            ``(2) Supplement and not supplant.--Subgrant funds awarded 
        under this title shall be used to supplement and not supplant 
        the amount of funds made available from non-Federal sources, 
        for the activities assisted under this title.

``SEC. 11107. MODELS.

    ``The Secretary, in consultation with the Committee, shall 
disseminate information concerning successful models under this title 
through the National Diffusion Network.

``SEC. 11108. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--Subject to subsection (b), there are 
authorized to be appropriated to carry out this title, $20,000,000 for 
fiscal year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years.
    ``(b) Limitations.--
            ``(1) Contingent appropriations.--Notwithstanding any other 
        provision of law, no amounts shall be made available to carry 
        out this title in any fiscal year unless there is 
        appropriated--
                    ``(A) not less than $177,000,000 for the National 
                Endowment for the Humanities under the National 
                Foundation on the Arts and the Humanities Act of 1965;
                    ``(B) not less than $170,000,000 for the National 
                Endowment for the Arts under such Act; and
                    ``(C) not less than $28,000,000 for the Institute 
                for Museum Services under the Museum Services Act.
            ``(2) Planning subgrants.--Not more than 10 percent of the 
        amount appropriated in each fiscal year pursuant to subsection 
        (a) shall be used for planning subgrants under section 11105.

                  ``TITLE XII--DISCLOSURE REQUIREMENTS

``SEC. 12001. DEFINITIONS.

    ``As used in this title:
            ``(1) Disability.--The term `disability' has the same 
        meaning given to such term by section 3(2) of the Americans 
        with Disabilities Act of 1990.
            ``(2) Educational organization.--(A) Except as provided in 
        subparagraphs (B) and (C), the term `educational organization' 
        means any organization or entity that--
                    ``(i) provides an educational program for a fee; 
                and
                    ``(ii) recruits students through means such as 
                commercial media, direct mailings, school recruitment 
                programs, school administrators, teachers or staff, or 
                current or former participants in an educational 
                program offered by such organization or entity.
            ``(B) Such term does not include--
                    ``(i) a local educational agency, a State 
                educational agency, a State department of education, or 
                an elementary or secondary school;
                    ``(ii) an institution of higher education; or
                    ``(iii) a local organization sponsored by an 
                elementary or secondary school, a recreational 
                organization, an entertainment organization, a local 
                sports activity group, or a social club.
            ``(C) For the purpose of section 12002 only, such term--
                    ``(i) except as provided in clause (ii), does not 
                include an organization or entity that provides an 
                educational program if such organization or entity 
                recruits, for participation in such program, solely 
                through a local school official; and
                    ``(ii) includes any such organization or entity 
                that offers a local school official, teacher or other 
                school personnel compensation or any other benefit for 
                such recruitment, except that payment of the expenses 
                incurred by a local school official, teacher or other 
                school personnel in performing chaperone activities 
                related to such program shall not be considered 
                compensation or a benefit for such recruitment.
            ``(3) Educational program.--(A) Except as provided in 
        subparagraph (B), the term `educational program' means a 
        special honors program, seminar, citizenship experience, 
        government study program, educational vacation, student 
        exchange program, or other educational experience or honor--
                    ``(i) that is generally directed toward minors or 
                secondary school students;
                    ``(ii) for which a tuition or enrollment fee is 
                charged;
                    ``(iii) that is offered away from a student's 
                regular place of school attendance;
                    ``(iv) that includes not less than 1 supervised 
                night away from home; and
                    ``(v) that is intended to enhance a student's 
                regular course of study.
            ``(B) Such term does not include a recreational program, or 
        a social or religious activity.
            ``(4) Local school official.--The term `local school 
        official' means the highest administrative official serving a 
        school district, or such individual's designee.
            ``(5) Minor.--The term `minor' means an individual who has 
        not attained the age of 18.
            ``(6) Membership organization.--The term `membership 
        organization' includes any organization that maintains a 
        membership list or collects dues or membership fees from its 
        members.
            ``(7) Recreational organization.--The term `recreational 
        organization' includes any organization or entity that has as 
        its primary function pleasure, amusement, or sports activities.
            ``(8) Recreational program.--The term `recreational 
        program' includes any activity or service that is intended as 
        an entertainment pastime.

``SEC. 12002. DISCLOSURE REQUIREMENTS.

    ``Each educational organization, prior to enrolling a minor and 
prior to accepting funds for the cost of a minor's participation in an 
educational program operated by such organization, shall disclose the 
following information in written form to the minor or the minor's 
parent:
            ``(1) Method of solicitation and selection.--The method of 
        solicitation and selection of participants in the educational 
        program, including--
                    ``(A) the origin of any mailing list used for such 
                solicitation and selection;
                    ``(B) any recruitment through a local school 
                official, teacher or school personnel, including any 
                compensation or other benefit offered to such official, 
                teacher or personnel for the recommendation of a minor 
                for participation in the educational program;
                    ``(C) any open enrollment activity, including the 
                method of outreach; and
                    ``(D) any cooperation with, or sponsorship by, a 
                membership organization, including a description of the 
                cooperation or sponsorship and the name of each such 
                organization.
            ``(2) Costs and fees.--Information regarding the cost of 
        the educational program and information regarding the 
        distribution of any enrollment fee, including--
                    ``(A) the amount paid for, and the percentage of 
                the total educational program cost of, each feature of 
                the educational program, including--
                            ``(i) food;
                            ``(ii) lodging;
                            ``(iii) transportation;
                            ``(iv) program staffing;
                            ``(v) textbooks, syllabi, or other 
                        scholastic educational program materials;
                            ``(vi) speaker fees; and
                            ``(vii) administrative expenses, including 
                        expenses related to--
                                    ``(I) the preparation of non-
                                scholastic educational program 
                                materials;
                                    ``(II) the provision of financial 
                                assistance;
                                    ``(III) mailing list rental or 
                                other recruitment activity; and
                                    ``(IV) administrative salaries and 
                                consulting fees;
                    ``(B) the identity of the organization or business 
                providing each of the features described in clauses (i) 
                through (vii) of subparagraph (A); and
                    ``(C) the nature of any relationship of any board 
                member, officer, or employee of the educational 
                organization to any organization or business described 
                in subparagraph (B), including the salary or other 
                compensation paid by such organization or business to 
                such Board member, officer, or employee.

``SEC. 12003. NONDISCRIMINATORY ENROLLMENT AND SERVICE POLICY.

    ``(a) In General.--Each educational organization shall include a 
verifiable statement in all enrollment or recruitment material that the 
educational organization does not--
            ``(1) fail or refuse to hire, or discharge, any individual, 
        or otherwise discriminate against any individual with respect 
        to compensation, terms, conditions, or privileges of 
        employment; or
            ``(2) exclude any student from participation in an 
        educational program, discriminate against any student in 
        providing the benefits associated with such program (including 
        any scholarship or financial assistance, and use of any 
        facility), or subject the student to discrimination under such 
        program,
on the basis of race, disability, or residence in a low-income area.
    ``(b) Construction.--Nothing in this section shall be construed to 
entitle a student to--
            ``(1) participation in an educational program or any 
        benefit associated with such program; or
            ``(2) a waiver of any fee charged for such participation or 
        benefit.

``SEC. 12004. ENFORCEMENT.

    ``The Secretary shall--
            ``(1)(A) widely disseminate information about the 
        requirements of this title to State and local school officials 
        and parents; and
            ``(B) require educational organizations to submit 
        appropriate information or assurances regarding such 
        organizations' compliance with this title; and
            ``(2) take whatever other steps the Secretary determines 
        are appropriate to enforce this title, including--
                    ``(A) promulgating regulations;
                    ``(B) establishing a complaint process;
                    ``(C) referring complaints to the relevant Federal, 
                State, or local authorities for appropriate action;
                    ``(D) alerting educational agencies, schools, and 
                parents to the practices of educational organizations 
                that violate the provisions of this title; and
                    ``(E) imposing civil fines (not to exceed $1,000 
                per violation) on educational organizations that 
                knowingly violate this title.

               ``TITLE XIII--TARGETED ASSISTANCE PROGRAM

                      ``PART A--GENERAL PROVISIONS

``SEC. 13101. ALLOTMENT TO STATES.

    ``(a) Reservations.--From the sums appropriated to carry out this 
title in any fiscal year, the Secretary shall reserve not to exceed 1 
percent for payments to Guam, American Samoa, the Virgin Islands, the 
Republic of the Marshall Islands, the Federated States of Micronesia, 
the Northern Mariana Islands, and Palau, to be allotted in accordance 
with their respective needs for assistance under this title.
    ``(b) Allotment.--From the remainder of such sums the Secretary 
shall allot to each State an amount which bears the same ratio to the 
amount of such remainder as the school-age population of the State 
bears to the school-age population of all States, except that no State 
shall receive less than an amount equal to one-half of 1 percent of 
such remainder.
    ``(c) Definitions.--For purposes of this section--
            ``(1) The term `school-age population' means the population 
        aged 5 through 17.
            ``(2) The term `States' includes the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

``SEC. 13102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Distribution Rule.--From the sum made available each year 
under section 13101, the State educational agency shall distribute not 
less than 80 percent to local educational agencies within such State 
according to the relative enrollments in public and private, nonprofit 
schools within the school districts of such agencies, adjusted, in 
accordance with criteria approved by the Secretary, to provide higher 
per pupil allocations to local educational agencies which have the 
greatest numbers or percentages of children whose education imposes a 
higher than average cost per child, such as--
            ``(1) children living in areas with high concentrations of 
        low-income families;
            ``(2) children from low-income families; and
            ``(3) children living in sparsely populated areas.
    ``(b) Calculation of Enrollments.--
            ``(1) In general.--The calculation of relative enrollments 
        under subsection (a) shall be on the basis of the total of--
                    ``(A) the number of children enrolled in public 
                schools; and
                    ``(B) the number of children enrolled in private 
                nonprofit schools that desire that their children 
                participate in programs or projects assisted under this 
                title,
        for the fiscal year preceding the fiscal year in which the 
        determination is made. Nothing in this subsection shall 
        diminish the responsibility of local educational agencies to 
        contact, on an annual basis, appropriate officials from private 
        nonprofit schools within the areas served by such agencies in 
        order to determine whether such schools desire that their 
        children participate in programs assisted under this title.
            ``(2) Adjustments.--(A) Relative enrollments under 
        subsection (a) shall be adjusted, in accordance with criteria 
        approved by the Secretary under subparagraph (B), to provide 
        higher per pupil allocations only to local educational agencies 
        which serve the greatest numbers or percentages of--
                    ``(i) children living in areas with high 
                concentrations of low-income families;
                    ``(ii) children from low-income families; or
                    ``(iii) children living in sparsely populated 
                areas.
            ``(B) The Secretary shall review criteria submitted by a 
        State educational agency for adjusting allocations under 
        paragraph (1) and shall approve such criteria only if the 
        Secretary determines that such criteria are reasonably 
        calculated to produce an adjusted allocation that reflects the 
        relative needs within the State's local educational agencies 
        based on the factors set forth in subparagraph (A).
    ``(c) Payment of Allocations.--
            ``(1) Distribution.--From the funds paid to a State 
        educational agency pursuant to section 13101 for a fiscal year, 
        such agency shall distribute to each eligible local educational 
        agency which has submitted an application as required in 
        section 13303 the amount of its allocation as determined under 
        subsection (a).
            ``(2) Additional funds.--(A) Additional funds resulting 
        from higher per pupil allocations provided to a local 
        educational agency on the basis of adjusted enrollments of 
        children described in subsection (a), may, at the discretion of 
        the local educational agency, be allocated for expenditures to 
        provide services for children enrolled in public and private 
        nonprofit schools in direct proportion to the number of 
        children described in subsection (a) and enrolled in such 
        schools within the local educational agency.
            ``(B) In any fiscal year, any local educational agency that 
        elects to allocate such additional funds in the manner 
        described in subparagraph (A) shall allocate all additional 
        funds to schools within the local educational agency in such 
        manner.
            ``(C) The provisions of subparagraphs (A) and (B) may not 
        be construed to require any school to limit the use of such 
        additional funds to the provision of services to specific 
        students or categories of students.

                        ``PART B--STATE PROGRAMS

``SEC. 13201. STATE USES OF FUNDS.

    ``(a) Authorized Activities.--A State educational agency may use 
funds reserved for State use under this title only for--
            ``(1) State administration of programs under this title 
        including--
                    ``(A) supervision of the allocation of funds to 
                local educational agencies;
                    ``(B) planning, supervision, and processing of 
                State funds; and
                    ``(C) monitoring and evaluation of programs and 
                activities under this title; and
            ``(2) technical assistance and direct grants to local 
        educational agencies and statewide activities which assist 
        local educational agencies to provide targeted assistance as 
        provided in section 13301.
    ``(b) Limitations and Requirements.--Not more than 25 percent of 
funds available for State programs under this title in any fiscal year 
may be used for State administration under subsection (a)(1).

``SEC. 13202. STATE APPLICATIONS.

    ``(a) Application Requirements.--Any State which desires to receive 
grants under this title shall submit to the Secretary an application 
which--
            ``(1) designates the State educational agency as the State 
        agency responsible for the administration and supervision of 
        programs assisted under this title;
            ``(2) sets forth planned allocation of funds reserved for 
        State use under section 13102(a) among the targeted assistance 
        programs described in section 13301 and describes programs, 
        projects, and activities which are designed to carry out such 
        targeted assistance, together with the reasons for the 
        selection of such programs, projects, and activities;
            ``(3) provides for timely public notice and public 
        dissemination of the information provided pursuant to paragraph 
        (2);
            ``(4)(A) provides for a biennial submission of data on the 
        use of funds, the types of services furnished, and the students 
        served under this title;
            ``(B) provides for an evaluation of the effectiveness of 
        programs assisted under this title;
            ``(5) provides that the State educational agency will keep 
        such records and provide such information to the Secretary as 
        may be required for fiscal audit and program evaluation 
        (consistent with the responsibilities of the Secretary under 
        this title);
            ``(6) provides assurance that, apart from technical and 
        advisory assistance and monitoring compliance with this title, 
        the State educational agency has not exercised and will not 
        exercise any influence in the decisionmaking processes of local 
        educational agencies as to the expenditures made pursuant to an 
        application under section 13301;
            ``(7) provides the following information: (A) how the State 
        will adjust its formula to comply with section 13102(b)(2), (B) 
        how children under section 13102(b)(2)(A) are defined, (C) the 
        basis on which a determination of the local educational 
        agencies under section 13102(b)(2)(A) is made, and (D) the 
        percentage of the State grant which is proposed to be allotted 
        on an adjusted basis under section 13102; and
            ``(8) contains assurances that there is compliance with the 
        specific requirements of this title.
    ``(b) Period of Application.--An application filed by the State 
under subsection (a) shall be for a period not to exceed 3 years, and 
may be amended annually as may be necessary to reflect changes without 
filing a new application.
    ``(c) Audit Rule.--Notwithstanding section 1745 of the Omnibus 
Budget Reconciliation Act of 1981, local educational agencies receiving 
less than an average $5,000 each year under this title need not be 
audited more frequently than once every 5 years.

              ``PART C--LOCAL TARGETED ASSISTANCE PROGRAMS

``SEC. 13301. TARGETED USE OF FUNDS.

    ``(a) General Rule.--Funds allocated for use under this title shall 
be used by State and local educational agencies for targeted assistance 
described in subsection (b).
    ``(b) Targeted Assistance.--The targeted assistance programs 
referred to in subsection (a) are--
            ``(1) programs for the acquisition and use of instructional 
        and educational materials, including library books, reference 
        materials, computer software and hardware for instructional 
        use, and other curricular materials that will be used to 
        improve student achievement;
            ``(2) programs to improve the higher order thinking skills 
        of economically disadvantaged elementary and secondary school 
        students and to prevent students from dropping out of school;
            ``(3) programs to combat illiteracy in the student and 
        adult population, including parent illiteracy;
            ``(4) programs to provide for the educational needs of 
        gifted and talented children;
            ``(5) school facility repair, renovation, improvement and 
        construction;
            ``(6) school reform activities that are consistent with the 
        Goals 2000: Educate America Act for local educational agencies 
        that do not receive assistance under that Act;
            ``(7) school improvement programs or activities under 
        sections 1118 and 1119; and
            ``(8) efforts to implement school uniform policies to 
        ensure the health and safety of students and the school 
        environment.

``SEC. 13302. AUTHORIZED ACTIVITIES.

    ``(a) In General.--Activities authorized under this part may 
include the planning, development, or operation and expansion of 
programs, projects, and activities which are designed to carry out the 
targeted assistance described in section 13301. Such activities may 
include--
            ``(1) training of educational personnel and education 
        policymakers in any of the targeted assistance programs 
        described in section 13301;
            ``(2) guidance and pupil services; and
            ``(3) any other education or related activities which the 
        State or local educational agency determines will contribute to 
        improving the programs described in section 13301.
    ``(b) Administrative Authority.--In order to conduct the activities 
authorized by this title, each State or local educational agency may 
use funds reserved for this title to make grants to and to enter into 
contracts with local educational agencies, educational service 
agencies, institutions of higher education, libraries, museums, and 
other public and private nonprofit agencies, organizations, and 
institutions.

``SEC. 13303. LOCAL APPLICATIONS.

    ``(a) Contents of Application.--A local educational agency or 
consortia of local educational agencies may receive an allocation of 
funds under this title for any year for which an application is 
submitted to the State educational agency and such application is 
certified to meet the requirements of this section. The State 
educational agency shall certify any such application if such 
application--
            ``(1) sets forth the planned allocation of funds among 
        targeted assistance programs described in section 13301 and 
        describes the programs, projects, and activities designed to 
        carry out such targeted assistance which the State educational 
        agency intends to support, together with the reasons for the 
        selection of such programs, projects, and activities;
            ``(2) describes how assistance under this title will 
        contribute to the goals of the program of improving student 
        achievement or improving the quality of education for students;
            ``(3) agrees to keep such records, and provide such 
        information to the State educational agency as reasonably may 
        be required for fiscal audit and program evaluation, consistent 
        with the responsibilities of the State agency under this title; 
        and
            ``(4) provides, in the allocation of funds for the 
        assistance authorized by this title, and in the design, 
        planning, and implementation of such programs, for systematic 
        consultation with parents of children attending elementary and 
        secondary schools in the area served by the local agency, with 
        teachers and administrative personnel in such schools, and with 
        other groups involved in the implementation of this title (such 
        as librarians, school counselors, and other pupil services 
        personnel) as may be considered appropriate by the local 
        educational agency.
    ``(b) Period of Application.--An application filed by a local 
educational agency under subsection (a) shall be for a period not to 
exceed 3 fiscal years, may provide for the allocation of funds among 
programs and purposes authorized by this title for a period of 3 years, 
and may be amended annually as may be necessary to reflect changes 
without filing a new application.
    ``(c) Local Educational Agency Discretion.--Subject to the 
limitations and requirements of this title, a local educational agency 
shall have complete discretion in determining how funds under this part 
shall be divided among the areas of targeted assistance of this part. 
In exercising such discretion, a local educational agency shall ensure 
that expenditures under this part carry out the purposes of this title 
and are intended to meet the educational needs within the schools of 
that local educational agency.

               ``PART D--AUTHORIZATION OF APPROPRIATIONS

``SEC. 13401. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $325,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this title.

               ``TITLE XIV--NATIONAL EDUCATION STATISTICS

``SEC. 14001. SHORT TITLE.

    ``This part may be cited as the `National Education Statistics Act 
of 1994'.

``SEC. 14002. FINDINGS; PURPOSE; DEFINITIONS.

    ``(a) Findings.--The Congress finds that--
            ``(1) a Department Office of Education was established in 
        1867 `for the purpose of collecting such statistics and facts 
        as shall show the condition and progress of education in the 
        several States and Territories, and of diffusing such 
        information respecting the organization and management of 
        schools and school systems and methods of teaching as shall aid 
        the people of the United States in the establishment and 
        maintenance of efficient school systems, and otherwise promote 
        the cause of education throughout the country';
            ``(2) today, while the role of the current Department of 
        Education is much broader, the National Center for Education 
        Statistics within the Office of Educational Research and 
        Improvement continues to perform those crucial original 
        purposes; and
            ``(3) looking to the 21st Century, the National Center for 
        Education Statistics must be able to design and undertake, 
        effectively and efficiently, statistical activities that will 
        aid in the reform of our Nation's educational systems.
    ``(b) Purpose.--It is the purpose of this part to ensure the 
continuation of an effective mechanism for collecting and reporting 
statistics and information showing the condition and progress of 
education in the United States and other nations in order to promote 
and accelerate the improvement of American education.
    ``(c) Definitions.--For the purpose of this part, the term--
            ``(1) `Assistant Secretary' means the Assistant Secretary 
        for Educational Research and Improvement provided for under 
        section 202(b)(1)(E) of the Department of Education 
        Organization Act; and
            ``(2) `State' and `United States'--
                    ``(A) other than for the purpose of section 14011, 
                mean each of the 50 States, the District of Columbia, 
                and the Commonwealth of Puerto Rico; and
                    ``(B) for the purpose of section 14011, include 
                Guam, American Samoa, the Virgin Islands, the 
                Commonwealth of the Northern Mariana Islands, the 
                Republic of the Marshall Islands, the Federated States 
                of Micronesia, and Palau.

``SEC. 14003. NATIONAL CENTER FOR EDUCATION STATISTICS.

    ``(a) Establishment.--There is established, within the Office of 
Educational Research and Improvement established under section 209 of 
the Department of Education Organization Act, a National Center for 
Education Statistics (hereafter in this part referred to as the 
`Center').
    ``(b) Commissioner and Associate Commissioners.--
            ``(1) Commissioner.--The Center shall be headed by a 
        Commissioner of Education Statistics (hereafter in this part 
        referred to as the `Commissioner') who shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate, and who shall--
                    ``(A) have substantial knowledge of programs 
                encompassed by under the authority of the Center;
                    ``(B) be paid in accordance with section 5315 of 
                title 5, United States Code; and
                    ``(C) serve for a term of 4 years, with the terms 
                to expire every fourth June 21, beginning in 1995.
            ``(2) Associate commissioners.--The Commissioner may 
        appoint such Associate Commissioners as the Commissioner 
        determines are necessary and appropriate.

``SEC. 14004. DUTIES OF THE CENTER.

    ``(a) Duties.--The Center shall collect, analyze, and disseminate 
statistics and other information related to education in the United 
States and in other nations, including--
            ``(1) acquiring, compiling (where appropriate, on a State-
        by-State basis), and disseminating full and complete statistics 
        on the condition and progress of education in the United 
        States, including data on--
                    ``(A) State and local education reform;
                    ``(B) student achievement and other educational 
                outcomes, including data on secondary school 
                completions, dropouts, and adult literacy, which 
                education statistics and data, whenever feasible, shall 
                be collected, analyzed, cross-tabulated and reported by 
                sex, race or ethnicity, and socioeconomic status;
                    ``(C) educational access and opportunity, including 
                data on financial aid to postsecondary students;
                    ``(D) teaching, including data on curriculum, 
                instruction, the conditions of the education workplace, 
                and the supply of, and demand for, teachers, which may 
                include data on the proportions of women and men cross-
                tabulated by race or ethnicity, teaching in subjects in 
                which such individuals have been historically 
                underrepresented;
                    ``(E) the learning environment, including data on 
                libraries and the incidence of crime, violence, and 
                substance abuse;
                    ``(F) the financing and management of education, 
                including data on revenues and expenditures; and
                    ``(G) the social and economic status of children;
            ``(2) conducting and publishing reports and analyses of the 
        meaning and significance of such statistics;
            ``(3) conducting longitudinal studies, as well as regular 
        and special surveys and data collections, necessary to report 
        on the condition and progress of education;
            ``(4) assisting public and private educational agencies, 
        organizations, and institutions in improving and automating 
        their statistical and data collection activities; and
            ``(5) acquiring and disseminating data on educational 
        activities and student achievement in the United States 
        compared with those in foreign nations.
    ``(b) Special Rule.--The Center shall ensure that education 
statistics and data described in subsection (a)(1), whenever feasible, 
are collected, analyzed, cross-tabulated and reported by sex, race or 
ethnicity, and socioeconomic status;
    ``(c) Training Program.--The Commissioner may establish a program 
to train employees of public and private educational agencies, 
organizations, and institutions in the use of the Center's standard 
statistical procedures and concepts and may establish a fellows program 
to temporarily appoint such employees as temporary fellows at the 
Center in order to assist the Center in carrying out its duties.

``SEC. 14005. PERFORMANCE OF DUTIES.

    ``(a) Grants, Contracts, and Cooperative Agreements.--
            ``(1) In general.--In carrying out the Commissioner's 
        duties under this part, the Commissioner may enter into grants, 
        contracts, and cooperative agreements.
            ``(2) Special rule.--Notwithstanding any other provision of 
        law, the grants, contracts, and cooperative agreements awarded 
        competitively under this section may be awarded for a period of 
        not more than 5 years, and may be renewed at the discretion of 
        the Commissioner for an additional period of not more than 5 
        years.
    ``(b) Gathering Information.--
            ``(1) Sampling.--The Commissioner may use the statistical 
        method known as sampling to carry out the purpose of this part.
            ``(2) Source of information.--The Commissioner may, as the 
        Commissioner considers appropriate, use information collected--
                    ``(A) from States, local educational agencies, 
                schools, institutions of higher education, libraries, 
                administrators, teachers, students, the general public, 
                and such other individuals, organizations, agencies, 
                and institutions as the Commissioner may consider 
                appropriate; and
                    ``(B) by other offices within the Department and by 
                other Federal departments, agencies, and 
                instrumentalities.
            ``(3) Collection.--The Commissioner may--
                    ``(A) enter into interagency agreements for the 
                collection of statistics;
                    ``(B) arrange with any agency, organization, or 
                institution for the collection of statistics; and
                    ``(C) assign employees of the Center to any such 
                agency, organization, or institution to assist in such 
                collection.
            ``(4) Technical assistance and coordination.--In order to 
        maximize the effectiveness of Federal efforts to serve the 
        educational needs of children and youth, the Commissioner 
        shall--
                    ``(A) provide technical assistance to Department 
                offices that gather data for statistical purposes; and
                    ``(B) coordinate closely with other Department 
                offices in the collection of data.

``SEC. 14006. REPORTS.

    ``(a) Report on the Condition and Progress of Education.--The 
Commissioner shall, not later than June 1, 1995, and each succeeding 
June 1 thereafter, submit to the President and the Congress a 
statistical report on the condition and progress of education in the 
United States.
    ``(b) Statistical Reports.--The Commissioner shall issue regular 
statistical reports to the President and Congress on such education 
topics as the Commissioner determines to be appropriate.
    ``(c) Special Reports.--The Commissioner may, whenever the 
Commissioner considers it appropriate, issue special reports on 
particular education topics.

``SEC. 14007. ADVISORY COUNCIL ON EDUCATION STATISTICS.

    ``(a) Establishment.--There is established, within the Center, an 
Advisory Council on Education Statistics (hereafter in this Act 
referred to as the `Council').
    ``(b) Membership.--
            ``(1) Composition.--The Council shall be composed of--
                    ``(A) 15 voting members who are users of education 
                data and who are appointed by the Secretary on the 
                basis of their experience and eminence within the field 
                of education statistics, of whom at least--
                            ``(i) three shall be educators;
                            ``(ii) three shall be education 
                        policymakers;
                            ``(iii) three shall be professional 
                        statisticians; and
                            ``(iv) three shall be education 
                        researchers;
                    ``(B) the Director of the Bureau of the Census and 
                the Commissioner of the Bureau of Labor Statistics, as 
                voting, ex officio members; and
                    ``(C) the Assistant Secretary and the Commissioner, 
                as nonvoting, ex officio members.
            ``(2) Presiding officer.--The Secretary shall appoint the 
        presiding officer of the Council from among the voting members 
        of the Council.
            ``(3) Terms.--Members of the Council appointed under 
        paragraph (1)(A) shall be appointed for 3-year terms except 
        that, in the case of initial appointments, the Secretary shall 
        make appointments for shorter terms to the extent necessary to 
        avoid the expiration of the terms of more than 5 members in the 
        same calendar year.
            ``(4) Meetings.--
                    ``(A) In general.--The Council shall meet at the 
                call of the presiding officer, except that the Council 
                shall meet--
                            ``(i) at least 2 times during each calendar 
                        year; and
                            ``(ii) in addition, whenever 8 voting 
                        members request in writing that the presiding 
                        officer call a meeting.
                    ``(B) Quorum.--Nine voting members of the Council 
                shall constitute a quorum.
            ``(5) Special rule.--The Council shall review general 
        policies for the operation of the Center and shall advise the 
        Commissioner on standards to ensure that statistics and other 
        information disseminated by the Center are of high quality and 
        are not subject to partisan political influence.

``SEC. 14008. CONFIDENTIALITY.

    ``(a) Confidentiality standards.--
            ``(1) In general.--The Center shall develop and enforce 
        standards designed to protect the confidentiality of persons in 
        the collection, reporting, and publication of data under this 
        section. This section shall not be construed to protect the 
        confidentiality of information about institutions, 
        organizations, and agencies that receive grants from, or have 
        contracts or cooperative agreements with, the Federal 
        Government.
            ``(2) Prohibition.--No person may--
                    ``(A) use any individually identifiable information 
                furnished under this part for any purpose other than a 
                statistical purpose;
                    ``(B) make any publication whereby the data 
                furnished by any particular person under this part can 
                be identified; or
                    ``(C) permit anyone other than the individuals 
                authorized by the Commissioner to examine the 
                individual reports.
    ``(b) Administration.--
            ``(1) In general.--No department, bureau, agency, officer, 
        or employee of the Federal Government, except the Commissioner 
        in carrying out the purposes of this part, shall require, for 
        any reason, copies of reports that have been filed under this 
        part with the Center or retained by any individual respondent. 
        Copies of such reports that have been so filed or retained with 
        the Center or any of its employees, contractors, or agents 
        shall be immune from legal process, and shall not, without the 
        consent of the individual concerned, be admitted as evidence or 
        used for any purpose in any action, suit, or other judicial or 
        administrative proceeding. This paragraph shall apply only to 
        individually identifiable information (as defined in paragraph 
        (4)(A)).
            ``(2) Employee or staff violations.--Whoever, being or 
        having been an employee or staff member of the Department, 
        having taken or subscribed the oath of office, or having sworn 
        to observe the limitations imposed by subsection (a)(2), 
        knowingly publishes or communicates any individually 
        identifiable information (as defined in paragraph (4)(A)), the 
        disclosure of which is prohibited by subsection (a)(2), and 
        that comes into such employee or staff's possession by reason 
        of employment (or otherwise providing services) under this 
        part, shall be found guilty of a class E felony and imprisoned 
        for not more than 5 years, or fined as specified in section 
        3571 of title 18, United States Code, or both.
            ``(3) Temporary staff.--The Commissioner may utilize 
        temporary staff, including employees of Federal, State, or 
        local agencies or instrumentalities (including local 
        educational agencies), and employees of private organizations 
        to assist the Center in performing its responsibilities, but 
        only if such temporary staff are sworn to observe the 
        limitations imposed by this section.
            ``(4) Definitions.--For the purposes of this section--
                    ``(A) the term `individually identifiable 
                information' means any record, response form, completed 
                survey, or aggregation thereof from which information 
                about particular individuals may be revealed; and
                    ``(B) the term `report' means a response provided 
                by or about an individual to an inquiry from the Center 
                and does not include a statistical aggregation from 
                which individually identifiable information cannot be 
                revealed.
            ``(5) Violations.--Any person who uses any data provided by 
        the Center, in conjunction with any other information or 
        technique, to identify any individual student, teacher, 
        administrator, or other individual and who knowingly discloses, 
        publishes, or uses such data for a purpose other than a 
        statistical purpose, or who otherwise violates subparagraph (A) 
        or (B) of subsection (a)(2), shall be found guilty of a class E 
        felony and imprisoned for not more than 5 years, or fined as 
        specified in section 3571 of title 18, United States Code, or 
        both.
            ``(6) Access to reports or records.--Nothing in this 
        section shall restrict the right of the Secretary, the 
        Comptroller General of the United States, the Director of the 
        Congressional Budget Office, and the Librarian of Congress to 
        gain access to any reports or other records, including 
        information identifying individuals, in the Center's 
        possession, except that the same restrictions on disclosure 
        that apply under paragraphs (1) and (5) of subsection (b) shall 
        apply to such individuals.

``SEC. 14009. DISSEMINATION.

    ``(a) General Requests.--
            ``(1) In general.--The Center may furnish transcripts or 
        copies of tables and other statistical records and make special 
        statistical compilations and surveys for State and local 
        officials, public and private organizations, and individuals.
            ``(2) Compilations.--The Center shall provide State and 
        local educational agencies opportunities to suggest the 
        development of particular compilations of statistics, surveys, 
        and analyses that would assist those educational agencies.
    ``(b) Congressional Requests.--The Center shall furnish such 
special statistical compilations and surveys as the Congress may 
request.
    ``(c) Joint Statistical Projects.--The Secretary may engage in 
joint statistical projects related to the purposes of this part, or 
other statistical purposes authorized by law, with nonprofit 
organizations or agencies, and the cost of such projects shall be 
shared equitably as determined by the Secretary.
    ``(d) Fees.--
            ``(1) In general.--Statistical compilations and surveys 
        under this section, other than those carried out pursuant to 
        subsections (b) and (c), may be made subject to the payment of 
        the actual or estimated cost of such work.
            ``(2) Funds received.--All funds received in payment for 
        work or services described in this subsection may be used to 
        pay directly the costs of such work or services, to repay 
        appropriations that initially bore all or part of such costs, 
        or to refund excess sums when necessary.
    ``(e) Access.--
            ``(1) Other federal agencies.--The Center shall, consistent 
        with section 14008, participate with other Federal agencies 
        having a need for educational data in providing access to 
        educational data received by the Center.
            ``(2) Interested parties.--The Center shall, in accordance 
        with such terms and conditions as the Secretary may prescribe, 
        provide all interested parties, including public and private 
        agencies and individuals, direct access to data collected by 
        the Center for the purposes of research and acquiring 
        statistical information.

``SEC. 14010. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

    ``(a) In General.--The Commissioner may establish one or more 
national cooperative education statistics systems for the purpose of 
producing and maintaining, with the cooperation of the States, 
comparable and uniform information and data on elementary and secondary 
education, postsecondary education, and libraries, that are useful for 
policymaking at the Federal, State, and local levels. In carrying out 
this section, the Commissioner may provide technical assistance, and 
make grants and enter into contracts and cooperative agreements.
    ``(b) Model Data System.--
            ``(1) Study; design; pilot.--The Commissioner, working 
        through the cooperative education statistics system, shall 
        study, design, and pilot a model data system that will yield 
        information about spending for administration at the school, 
        local educational agency, and State educational agency levels, 
        which system shall be completed by January 1, 1997.
            ``(2) Study and Report.--Upon the date of completion of the 
        pilot model data system described in paragraph (1), the 
        Secretary shall study the information obtained through the use 
        of such data system and other relevant information, as well as 
        any other data systems which are in use on such date that 
        account for administrative expenses at the school, local 
        educational agency, and State educational agency level, and 
        shall report to the Congress not later than July 1, 1997, 
        regarding--
                    ``(A) the potential for the reduction of 
                administrative expenses at the school, local 
                educational agency, and State educational agency 
                levels;
                    ``(B) the potential usefulness of such data system 
                to reduce such administrative expenses;
                    ``(C) any other methods which may be employed by 
                schools, local educational agencies or State 
                educational agencies to reduce administrative expenses 
                and maximize the use of funds for functions directly 
                affecting student learning; and
                    ``(D) if appropriate, steps which may be taken to 
                assist schools, local educational agencies and State 
                educational agencies to account for and reduce 
                administrative expenses.

``SEC. 14011. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

    ``(a) Establishment.--The Commissioner shall, with the advice of 
the National Assessment Governing Board established by section 14012, 
carry out, through grants, contracts, or cooperative agreements with 
one or more qualified organizations, or consortia thereof, a National 
Assessment of Educational Progress (hereafter in this part referred to 
as the `National Assessment').
    ``(b) Purpose; State Assessments.--
            ``(1) Purpose.--The purpose of the National Assessment is 
        to provide a fair and accurate presentation of educational 
        achievement in reading, writing, and the other subjects 
        included in the third National Education Goal, regarding 
        student achievement and citizenship. The Commissioner, in 
        carrying out the National Assessment, shall use sampling 
        techniques that produce data that are representative on a 
        national and regional basis and on a State basis pursuant to 
        paragraph (2). In addition, the Commissioner shall--
                    ``(A) collect and report data on a periodic basis, 
                but at least once every 2 years, on students at ages 9, 
                13, and 17 and in grades 4, 8, and 12;
                    ``(B) report achievement data on a basis that 
                ensures valid and reliable trend reporting;
                    ``(C) include, whenever feasible, information 
                collected, cross-tabulated, analyzed, and reported by 
                sex, race or ethnicity and socioeconomic status;
                    ``(D) collect and report data on students receiving 
                services under part A of title I; and
                    ``(E) ensure that achievement data are made 
                available on a timely basis following official 
                reporting, in a manner that facilitates further 
                analysis.
            ``(2) State assessments.--
                    ``(A) In general.--The Commissioner, in carrying 
                out the National Assessment, may conduct State 
                assessments of student achievement in grades 4, 8, and 
                12.
                    ``(B) State participation.--States wishing to 
                participate in State assessments shall enter into an 
                agreement with the Secretary pursuant to subsection 
                (d)(2). Such agreement shall contain information 
                sufficient to give States full information about the 
                process for consensus decisionmaking on objectives to 
                be tested, required in section 14012(e)(5), and of the 
                standards for sampling, test administration, test 
                security, data collection, validation, and reporting.
                    ``(C) State review and release of results.--A 
                participating State shall review and give permission 
                for the release of results from any test of its 
                students administered as a part of a State assessment 
                prior to the release of such data. Refusal by a State 
                to release its data shall not restrict the release of 
                data from other States that have approved the release 
                of such data.
            ``(3) Prohibited data.--In carrying out the National 
        Assessment, the Commissioner shall not collect any data that 
        are not directly related to the appraisal of educational 
        performance, achievement, and traditional demographic reporting 
        variables, or to the fair and accurate presentation of such 
        information.
            ``(4) Technical assistance.--In carrying out the National 
        Assessment, the Commissioner may provide technical assistance 
        to States, localities, and other parties.
    ``(c) Access.--
            ``(1) Public access.--Except as provided in paragraph (2), 
        the public shall have access to all data, questions, and test 
        instruments of the National Assessment.
            ``(2) Personally identifiable information.--
                    ``(A) In general.--The Commissioner shall ensure 
                that all personally identifiable information about 
                students, their educational performance, and their 
                families, and that information with respect to 
                individual schools, remains confidential, in accordance 
                with section 552a of title 5, United States Code.
                    ``(B) Special rule.--Notwithstanding any other 
                provision of law, the Secretary may decline to make 
                available to the public for a period, not to exceed 10 
                years following their initial use, cognitive questions 
                that the Secretary intends to reuse in the future.
    ``(d) Participation.--
            ``(1) National and regional.--Participation in the national 
        and regional assessments by State and local educational 
        agencies shall be voluntary.
            ``(2) State.--Participation in assessments made on a State 
        basis shall be voluntary. The Secretary shall enter into an 
        agreement with any State that desires to carry out an 
        assessment for the State under this subsection. Each such 
        agreement shall contain provisions designed to ensure that the 
        State will--
                    ``(A) participate in the assessment; and
                    ``(B) pay from non-Federal sources the non-Federal 
                share of participation.
            ``(3) Non-federal share.--
                    ``(A) In general.--For each fiscal year, the non-
                Federal share for the purpose of paragraph (2)(B) shall 
                be--
                            ``(i) the cost of conducting the assessment 
                        at the school level for all public schools in 
                        the State sample;
                            ``(ii) the cost of coordination within the 
                        State; and
                            ``(iii) other reasonable costs specified by 
                        the Secretary in the agreement described in 
                        paragraph (2).
                    ``(B) Special rule.--The non-Federal share of 
                payments under this paragraph may be in cash or in 
                kind, fairly valued.
                    ``(C) Administrative costs.--The agreement 
                described in paragraph (2) shall describe the manner in 
                which the costs of administering the assessment to 
                private nonprofit schools included in the State sample 
                may be met.
    ``(e) Review of National and State Assessments.--The Secretary 
shall provide for continuing reviews of both national and State 
assessments, including evaluation studies by the Center and 
solicitation of public comment on the conduct and usefulness of the 
National Assessment. The Secretary shall report to the Congress, the 
President, and the Nation on the findings and recommendations of such 
reviews. The Commissioner shall consider the findings and 
recommendations in designing the competition to select the 
organization, or organizations, through which the Office carries out 
the National Assessment.
    ``(f) Coverage Agreements.--
            ``(1) Department of defense schools.--The Secretary and the 
        Secretary of Defense may enter into an agreement, including 
        such terms as are mutually satisfactory, to include in the 
        National Assessment elementary and secondary schools operated 
        by the Department of Defense.
            ``(2) Bureau of indian affairs schools.--The Secretary and 
        the Secretary of the Interior may enter into an agreement, 
        including such terms as are mutually satisfactory, to include 
        in the National Assessment schools for Indian children operated 
        or supported by the Bureau of Indian Affairs.

``SEC. 14012. NATIONAL ASSESSMENT GOVERNING BOARD.

    ``(a) Establishment.--There is established the National Assessment 
Governing Board (hereafter in this part referred to as the `Board'), 
which shall formulate policy guidelines for the National Assessment.
    ``(b) Membership.--
            ``(1) Appointment and composition.--The Board shall be 
        appointed by the Secretary and be composed of--
                    ``(A) two Governors, or former Governors, who shall 
                not be members of the same political party;
                    ``(B) two State legislators, who shall not be 
                members of the same political party;
                    ``(C) two chief State school officers;
                    ``(D) one superintendent of a local educational 
                agency;
                    ``(E) one member of a State board of education;
                    ``(F) one member of a local board of education;
                    ``(G) three classroom teachers representing the 
                grade levels at which the National Assessment is 
                conducted;
                    ``(H) one representative of business or industry;
                    ``(I) two curriculum specialists;
                    ``(J) three testing and measurement experts, who 
                shall have training and experience in the field of 
                testing and measurement;
                    ``(K) one nonpublic school administrator or 
                policymaker;
                    ``(L) two school principals, of whom one shall be 
                an elementary school principal and one shall be a 
                secondary school principal; and
                    ``(M) four additional members who are 
                representatives of the general public, including 
                parents.
            ``(2) Assistant secretary for educational research.--The 
        Assistant Secretary for Educational Research and Improvement 
        shall serve as an ex officio, nonvoting member of the Board.
            ``(3) Special rule.--The Secretary and the Board shall 
        ensure at all times that the membership of the Board reflects 
        regional, racial, gender, and cultural balance and diversity 
        and that the Board exercises its independent judgment, free 
        from inappropriate influences and special interests.
    ``(c) Terms.--Members of the Board shall serve for terms not to 
exceed 4 years which shall be staggered, as determined by the 
Secretary. Any appointed member of the Board who changes status under 
subsection (b) during the term of the appointment of the member may 
continue to serve as a member until the expiration of such term.
    ``(d) Vacancies.--As vacancies occur, new members of the Board 
shall be appointed by the Secretary from among individuals who are 
nominated by the Board after consultation with representatives of the 
groups listed in subsection (b)(1). For each vacancy, the Board shall 
nominate at least 3 individuals who, by reason of experience or 
training, are qualified in that particular Board vacancy.
    ``(e) Duties.--
            ``(1) In general.--In carrying out its functions under this 
        section the Board shall--
                    ``(A) select subject areas to be assessed 
                (consistent with section 14011(b)(1));
                    ``(B) identify appropriate achievement goals for 
                each age and grade in each subject area to be tested 
                under the National Assessment;
                    ``(C) develop assessment objectives;
                    ``(D) develop test specifications;
                    ``(E) design the methodology of the assessment;
                    ``(F) develop guidelines for analysis plans and for 
                reporting and disseminating results;
                    ``(G) develop standards and procedures for 
                interstate, regional, and national comparisons; and
                    ``(H) take appropriate actions needed to improve 
                the form and use of the National Assessment.
            ``(2) Delegation.--The Board may delegate any of the 
        Board's procedural and administrative functions to its staff.
            ``(3) Cognitive items.--The Board shall have final 
        authority on the appropriateness of cognitive items.
            ``(4) Bias.--The Board shall take steps to ensure that all 
        items selected for use in the National Assessment are free from 
        racial, cultural, gender, or regional bias.
            ``(5) Goals statements.--Each learning area assessment 
        shall have goal statements devised through a national consensus 
        approach, providing for active participation of teachers, 
        curriculum specialists, local school administrators, parents, 
        and concerned members of the general public.
    ``(f) Personnel.--
            ``(1) In general.--In the exercise of its responsibilities, 
        the Board shall be independent of the Secretary and the other 
        offices and officers of the Department.
            ``(2) Staff.--The Secretary may appoint, at the direction 
        of the Board, such staff as the Board requires. Such 
        appointments may include, for terms not to exceed 3 years, 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, not 
        more than 6 technical employees to administer this subsection, 
        who may be paid without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates.
    ``(g) Commissioner Reports.--The Commissioner shall report to the 
Board at regular intervals on the Department's actions to implement the 
decisions of the Board.
    ``(h) Administration.--
            ``(1) Limitation.--Not to exceed 10 percent of the funds 
        available for the National Assessment for any fiscal year may 
        be used for administrative expenses (including staff, 
        consultants, and contracts) and to carry out the Board's duties 
        described in subsection (e).
            ``(2) Applicability of the federal advisory committee 
        act.--For the purposes of its administrative functions, the 
        Board shall have the authorities authorized by the Federal 
        Advisory Committee Act and shall be subject to the open meeting 
        provisions of that law.

``SEC. 14013. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $100,000,000 for fiscal 
year 1995, and such sums as may be necessary for each of the 4 
succeeding fiscal years, to carry out this title.

                  ``TITLE XV--EDUCATION INFRASTRUCTURE

``SEC. 15001. SHORT TITLE.

    ``This title may be cited as the `Education Infrastructure Act of 
1994'.

``SEC. 15002. FINDINGS.

    ``The Congress finds that--
            ``(1) improving the quality of public elementary and 
        secondary school libraries, media centers, and facilities will 
        help our Nation meet the National Education Goals;
            ``(2) Federal, State, and local funding for the repair, 
        renovation, alteration and construction of public elementary 
        and secondary school libraries, media centers, and facilities 
        has not adequately reflected need; and
            ``(3) the challenges facing our Nation's public elementary 
        and secondary schools require the concerted and collaborative 
        efforts of all levels of government and all sectors of the 
        community.

``SEC. 15003. PURPOSE.

    ``It is the purpose of this title to help our Nation meet the 
National Education Goals through the repair, renovation, alteration, 
and construction of public elementary and secondary school libraries, 
media centers, and facilities, used for academic or vocational 
instruction.

``SEC. 15004. DEFINITIONS.

    ``For the purpose of this title--
            ``(1) the term `alteration' means any change to an existing 
        property for use for a different purpose or function;
            ``(2) the term `construction' means the erection of a 
        building, structure, or facility, including the concurrent 
        installation of equipment, site preparation, associated roads, 
        parking, and utilities, which provides area or cubage not 
        previously available, including--
                    ``(A) freestanding structures, additional wings, or 
                floors, enclosed courtyards or entryways, and any other 
                means to provide usable program space that did not 
                previously exist; and
                    ``(B) the complete replacement of an existing 
                facility, but only if such replacement is less 
                expensive than alteration, renovation, or repair of the 
                facility;
            ``(3) the term `eligible local education agency' means a 
        local educational agency in which--
                    ``(A) at least 15 percent of the children that 
                reside in the geographic area served by such agency are 
                eligible to be counted under section 1123(c)(1) of this 
                Act; or
                    ``(B) the United States owns Federal property 
                described in paragraph (5) of section 9014 that has an 
                assessed value (determined as of the time or times when 
                acquired) aggregating 90 percent or more of the 
                assessed value of all real property in such agency 
                (determined as of the time or times when so acquired); 
                and
                    ``(C) demonstrates in the application submitted 
                under section 15006 that such agency has urgent repair, 
                renovation, alteration and construction needs for its 
                public elementary or secondary school libraries, media 
                centers, and facilities used for academic or vocational 
                instruction;
            ``(4) the term `renovation' means any change to an existing 
        property to allow its more efficient use within such property's 
        designated purpose; and
            ``(5) the term `repair' means the restoration of a failed 
        or failing real property facility, component, or a building 
        system to such a condition that such facility, component, or 
        system may be used effectively for its designated purpose, if, 
        due to the nature or extent of the deterioration or damage to 
        such facility, component, or system, such deterioration or 
        damage cannot be corrected through normal maintenance.

``SEC. 15005. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION 
              FACILITIES PROGRAM AUTHORIZED.

    ``(a) Program Authority.--
            ``(1) In general.--From amounts appropriated under 
        subsection (b) for any fiscal year, the Secretary shall award 
        grants to eligible local educational agencies with applications 
        approved under section 15006 to carry out the authorized 
        activities described in section 15008.
            ``(2) Special rule.--The Secretary may reserve not more 
        than 1 percent of the amount appropriated under subsection (b) 
        to provide assistance to Indian schools in accordance with this 
        title.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated $400,000,000 for fiscal year 1995, and such sums as may be 
necessary for each of the 4 succeeding fiscal years, to carry out this 
title.

``SEC. 15006. APPLICATIONS.

    ``(a) Applications Required.--Each eligible local educational 
agency desiring to receive a grant under this title shall submit an 
application to the Secretary.
    ``(b) Application Contents.--Each application described in 
subsection (a) shall contain--
            ``(1) an assurance that the application was developed in 
        consultation with parents and classroom teachers;
            ``(2) a description of each architectural, civil, 
        structural, mechanical, or electrical deficiency to be 
        corrected with funds provided under this title, including the 
        priority for the repair of the deficiency;
            ``(3) a description of the criteria used by the applicant 
        to determine the type of corrective action necessary to meet 
        the purpose of this title;
            ``(4) a description of the corrective action to be 
        supported with funds provided under this title;
            ``(5) a cost estimate of the proposed corrective action;
            ``(6) an identification of other resources, including 
        unused bonding capacity, that are available to carry out the 
        activities for which funds are requested under this title;
            ``(7) a description of how activities supported with funds 
        provided under this title will promote energy conservation; and
            ``(8) such other information and assurances as the 
        Secretary may reasonably require.

``SEC. 15007. AWARD OF GRANTS.

    ``(a) Criteria.--The Secretary shall award grants under this title 
on the basis of--
            ``(1) high numbers or percentages of the total number of 
        children aged 5 to 17, inclusive, residing in the geographic 
        area served by an eligible local educational agency who are 
        counted under section 1123(c)(1);
            ``(2) the extent to which the eligible local educational 
        agency lacks the fiscal capacity, including the ability to 
        raise funds through the full use of such agency's bonding 
        capacity and otherwise, to undertake the project without 
        Federal assistance; and
            ``(3) such other criteria as the Secretary may prescribe by 
        regulation.
    ``(b) Special Rule.--The Secretary shall only award grants under 
this title if the Secretary determines that sufficient funds will be 
provided under this title or from other sources, including the issuance 
of bonds, to carry out the activities for which assistance is sought.
    ``(c) Award Categories.--
            ``(1) In general.--From the funds appropriated to carry out 
        this title for each fiscal year, the Secretary shall award 
        grants to eligible local educational agencies in each of the 
        following categories:
                    ``(A) Eligible local educational agencies in which 
                the number of students enrolled is less than 2,500.
                    ``(B) Such agencies in which such number is 2,500 
                or greater but less than 5,000.
                    ``(C) Such agencies in which such number is 5,000 
                or greater but less than 10,000.
                    ``(D) Such agencies in which such number is 10,000 
                or greater but less than 25,000.
                    ``(E) Such agencies in which such number is 25,000 
                or greater but less than 50,000.
                    ``(F) Such agencies in which such number is 50,000 
                or greater.
            ``(2) Allocation among categories.--The Secretary shall 
        allocate funds under this title among the categories described 
        in paragraph (1) on such basis as the Secretary determines is 
        appropriate, after considering such factors as--
                    ``(A) the relative numbers or percentages of 
                students counted under section 1123(c)(1); and
                    ``(B) the relative costs of carrying out activities 
                under this title in eligible local educational agencies 
                in each such category.
    ``(d) Maximum Award Amounts.--The Secretary shall annually set the 
maximum award amounts for each category described in subsection (c)(1).
    ``(e) Frequency of Awards.--No local educational agency may receive 
more than one grant under this title in any five-year period.

``SEC. 15008. AUTHORIZED ACTIVITIES.

    ``(a) In General.--Each eligible local educational agency receiving 
a grant under this title shall use the grant funds only to--
            ``(1) ensure the health and safety of students through the 
        repair, renovation, alteration, and construction of a public 
        elementary or secondary school library, media center, or 
        facility, used for academic or vocational instruction; or
            ``(2) upgrade or alter such library, center, or facility in 
        order to accommodate new instructional technology.
    ``(b) Particular Activities.--Subject to subsection (a), each 
eligible local educational agency receiving a grant under this title 
may use the grant funds for activities such as--
            ``(1) meeting the requirements of section 504 of the 
        Rehabilitation Act of 1973 and the Americans with Disabilities 
        Act of 1990;
            ``(2) removal or containment of severely hazardous material 
        such as asbestos, lead, and radon using a cost-effective 
        method;
            ``(3) meeting Federal, State, or local codes related to 
        fire, air, light, noise, waste disposal, building height, or 
        other codes passed since the initial construction of such 
        library, center, or facility; and
            ``(4) replacing an old such library, center, or facility 
        that is more cost-effective to tear down than to renovate.

``SEC. 15009. REQUIREMENTS.

    ``(a) Special Rules.--
            ``(1) Maintenance of effort.--An eligible local educational 
        agency may receive a grant under this title for any fiscal year 
        only if the Secretary finds that either the combined fiscal 
        effort per student or the aggregate expenditures of that agency 
        and the State with respect to the provision of free public 
        education by such local educational agency for the preceding 
        fiscal year was not less than 90 percent of such combined 
        fiscal effort or aggregate expenditures for the fiscal year for 
        which the determination is made.
            ``(2) Supplement not supplant.--An eligible local 
        educational agency shall use funds received under this title 
        only to supplement the amount of funds that would, in the 
        absence of such Federal funds, be made available from non-
        Federal sources for the repair, renovation, alteration, and 
        construction of school facilities used for educational 
        purposes, and not to supplant such funds.
    ``(b) General Limitations.--
            ``(1) Real property.--No part of any grant funds under this 
        title shall be used for the acquisition of any interest in real 
        property.
            ``(2) Maintenance.--Nothing in this title shall be 
        construed to authorize the payment of maintenance costs in 
        connection with any projects constructed in whole or in part 
        with Federal funds provided under this title.
            ``(3) Environmental safeguards.--All projects carried out 
        with Federal funds provided under this title shall comply with 
        all relevant Federal, State, and local environmental laws and 
        regulations.
            ``(4) Athletic and similar facilities.--No funds received 
        under this title shall be used for stadiums or other facilities 
        that are primarily used for athletic contests or exhibitions or 
        other events for which admission is charged to the general 
        public.

``SEC. 15010. FAIR WAGES.

    ``All laborers and mechanics employed by contractors or 
subcontractors in the performance of any contract and subcontract for 
the repair, renovation, alteration, or construction, including painting 
and decorating, of any building or work that is financed in whole or in 
part by a grant under this title, shall be paid wages not less than 
those determined by the Secretary of Labor in accordance with the Act 
of March 3, 1931 (commonly known as the Davis-Bacon Act); as amended 
(40 U.S.C. 276a-276a-5). The Secretary of Labor shall have the 
authority and functions set forth in reorganization plan of No. 14 of 
1950 (15 FR 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 
1934 (commonly known as the Copeland Anti-Kickback Act) as amended (40 
U.S.C. 276c, 48 Stat. 948).

``SEC. 15011. FEDERAL ASSESSMENT.

    ``The Secretary shall reserve not more than 1 percent of funds 
appropriated for each fiscal year under section 15005(b)--
            ``(1) to collect such data as the Secretary determines 
        necessary at the school, local, and State levels; and
            ``(2) to conduct studies and evaluations, including 
        national studies and evaluations, in order to--
                    ``(A) monitor the progress of projects supported 
                with funds provided under this title; and
                    ``(B) evaluate the state of American public 
                elementary and secondary school libraries, media 
                centers, and facilities; and
            ``(3) to report to the Congress by July 1, 1997, regarding 
        the findings of the studies and evaluations described in 
        paragraph (2).

                 ``TITLE XVI--URBAN AND RURAL EDUCATION

``SEC. 16001. DEFINITIONS.

    ``Except as otherwise provided, for the purposes of this title:
            ``(1) Central city.--The term `central city' has the same 
        meaning used by the Bureau of the Census.
            ``(2) Community-based organization.--The term `community-
        based organization' means a private nonprofit organization that 
        is representative of a community or significant segments of a 
        community and which has a proven record of providing effective 
        educational or related services to individuals in the 
        community.
            ``(3) Community as school concept.--The term `community as 
        school concept' means the mutual sharing of the local public 
        school's and the local community's human, financial, technical, 
        and environmental resources to help meet each others needs;
            ``(4) Metropolitan statistical area.--The term 
        `metropolitan statistical area' has the same meaning used by 
        the Bureau of the Census.
            ``(5) Poverty level.--The term `poverty level' means the 
        criteria of poverty used by the Bureau of the Census in 
        compiling the most recent decennial census for a family of 4 in 
        such form as those criteria have been updated by increases in 
        the Consumer Price Index for All Urban Consumers.
            ``(6) Rural eligible local educational agency.--The term 
        `rural eligible local educational agency' means a local 
        educational agency--
                    ``(A)(i) in which at least 15 percent of the 
                children enrolled in the schools served by such agency 
                are eligible to be counted under section 1123(c); and
                    ``(ii) which is not in a metropolitan statistical 
                area; or
                    ``(B) in which the total enrollment in the schools 
                served by such agency is less than 2,500 students and 
                that does not serve schools located in a metropolitan 
                statistical area.
            ``(7) State.--The term `State' means each of the several 
        States and the District of Columbia, but does not include Guam, 
        American Samoa, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, the Commonwealth of the Northern Mariana 
        Islands, the Republic of the Marshall Islands, the Federated 
        States of Micronesia, and Palau.
            ``(8) Urban eligible local educational agency.--The term 
        `urban eligible local educational agency' means a local 
        educational agency that--
                    ``(A) serves the largest central city in a State;
                    ``(B) enrolls more than 30,000 students and serves 
                a central city with a population of at least 200,000 in 
                a metropolitan statistical area; or
                    ``(C) enrolls between 25,000 and 30,000 students 
                and serves a central city with a population of at least 
                140,000 in a metropolitan statistical area.

                        ``PART A--URBAN SCHOOLS

``SEC. 16101. SHORT TITLE.

    ``This part may be cited as the `Urban Schools of America (USA) Act 
of 1994'.

``SEC. 16102. FINDINGS.

    ``The Congress finds that--
            ``(1) the ability of the Nation's major urban public school 
        systems to meet the Nation's educational goals will determine 
        the country's economic competitiveness and academic standing in 
        the world community;
            ``(2) the quality of public education in the Nation's major 
        urban areas has a direct effect on the economic development of 
        the Nation's inner cities;
            ``(3) the success of urban public schools in boosting the 
        achievement of its minority youth attending such schools will 
        determine the ability of the Nation to close the gap between 
        the `haves and the have-nots' in society;
            ``(4) the cost to America's businesses to provide remedial 
        education to secondary school graduates is approximately 
        $30,000,000,000 per year;
            ``(5) urban public schools enroll a disproportionately 
        large share of the Nation's poor and at-risk youth;
            ``(6) urban public schools enroll approximately one-third 
        of the Nation's poor, 40 percent of the Nation's African-
        American children, and 30 percent of the Nation's Hispanic 
        youth;
            ``(7) nearly 20 percent of the Nation's limited-English 
        proficient children and 15 percent of the Nation's disabled 
        youth are enrolled in urban public schools;
            ``(8) the academic performance of students in the average 
        inner-city public school system is below that of students in 
        most other kinds of school systems;
            ``(9) urban public school systems have higher dropout 
        rates, more problems with health care, and less parental 
        participation than other kinds of school systems;
            ``(10) urban preschoolers have one-half the access to early 
        childhood development programs as do other children;
            ``(11) shortages of teachers in urban public school systems 
        are 2.5 times greater than such shortages in other kinds of 
        school systems;
            ``(12) declining numbers of urban minority secondary school 
        graduates are pursuing postsecondary educational opportunities;
            ``(13) urban public school systems have greater problems 
        with teenage pregnancy, discipline, drug abuse, and gangs than 
        do other kinds of school systems;
            ``(14) 75 percent of urban public school buildings are over 
        25 years old, 33 percent of such buildings are over 50 years 
        old, and such buildings are often in serious disrepair and 
        create poor and demoralizing working and learning conditions;
            ``(15) solving the challenges facing our Nation's urban 
        schools will require the concerted and collaborative efforts of 
        all levels of government and all sectors of the community;
            ``(16) Federal and State funding of urban public schools 
        has not adequately reflected need; and
            ``(17) Federal funding that is well-targeted, flexible, and 
        accountable would contribute significantly to addressing the 
        comprehensive needs of inner-city public schools.

``SEC. 16103. PURPOSE.

    ``It is the purpose of this part to provide financial assistance 
to--
            ``(1) assist urban public schools in meeting National 
        Education Goals;
            ``(2) improve the educational and social well-being of 
        urban public school children;
            ``(3) close the achievement gap between urban and nonurban 
        public school children, while improving the achievement level 
        of all children nationally;
            ``(4) conduct coordinated research on urban public 
        education problems, solutions, and promising practices;
            ``(5) improve the Nation's global economic and educational 
        competitiveness by improving the Nation's urban schools; and
            ``(6) encourage community, parental, and business 
        collaboration in the improvement of urban schools.

                 ``Subpart 1--Urban School Improvement

``SEC. 16121. ALLOCATION OF FUNDS.

    ``(a) Reservation.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall reserve 5 percent of the amounts appropriated or 
        otherwise made available to carry out this subpart for any 
        fiscal year, to provide incentive awards in accordance with 
        section 16126.
            ``(2) Inapplicability.--Paragraph (1) shall not apply for 
        the first year for which funds are appropriated to carry out 
        this subpart.
    ``(b) Federal Allotment.--From the remainder of the sums not 
reserved under subsection (a), the Secretary shall allot to each urban 
eligible local educational agency with an approved application in each 
fiscal year an amount which bears the same relationship to such funds 
as the amount such urban eligible local educational agency was 
allocated under section 1123 (or for fiscal year 1995 only, such 
section's predecessor authority) in the preceding fiscal year bears to 
the total amount received under such section in such preceding fiscal 
year by all urban eligible local educational agencies.
    ``(c) Reservation for Community-Based Organizations and Nonprofit 
Partnerships.--Each urban eligible local educational agency shall 
reserve not more than 5 percent of the amounts allotted under 
subsection (b) for any fiscal year, to make as many grants as 
practicable for the activities described in section 16124 to--
            ``(1) community-based organizations; or
            ``(2) nonprofit partnerships between the urban eligible 
        local educational agency and city-wide collaboratives of 
        private sector businesses or universities.
    ``(d) Payments.--The Secretary shall make annual payments only to 
urban eligible local educational agencies that--
            ``(1) comply with the provisions of section 16125; and
            ``(2) demonstrate to the satisfaction of the Secretary that 
        the data submitted pursuant to section 16125 shows progress 
        toward meeting National Education Goals.
    ``(e) Administrative Costs.--Not more than 5 percent of any 
allotment or grant made under this subpart may be used for 
administrative costs.

``SEC. 16122. APPLICATION.

    ``(a) Application Required.--
            ``(1) Urban local educational agencies.--
                    ``(A) In general.--Any urban local educational 
                agency desiring to receive an allotment from the 
                Secretary to carry out this subpart shall--
                            ``(i) develop and prepare an application;
                            ``(ii) submit to the State educational 
                        agency the application for review and comment; 
                        and
                            ``(iii) submit the application described in 
                        clause (i) to the Secretary for approval.
                    ``(B) Duration.--Except as provided in section 
                16125, the application described in clause (i) may be 
                for a period of not more than 5 years.
            ``(2) Community-based organizations and nonprofit 
        partnerships.--Any community-based organization or nonprofit 
        partnership referred to in section 16121(c) desiring to receive 
        a grant from an urban eligible local educational agency 
        pursuant to section 16126 shall--
                    ``(A) submit an application to the urban eligible 
                local educational agency;
                    ``(B) describe in the application the collaborative 
                efforts undertaken with the urban eligible local 
                educational agency in designing a program to meet the 
                purposes of this subpart; and
                    ``(C) describe in the application how funds will be 
                used to help meet the education goals selected by the 
                urban eligible local educational agency pursuant to 
                subsection (b).
    ``(b) Contents of Urban Local Educational Agency Application.--Each 
application submitted by an urban eligible local educational agency 
shall include a description of--
            ``(1) the ranking of all schools in the urban eligible 
        local educational agency by achievement, poverty, and racial 
        isolation and how such schools will be served in accordance 
        with section 16127(a);
            ``(2) the community served by the urban eligible local 
        educational agency and the effects of the community on the 
        educational conditions within the schools served by the urban 
        eligible local educational agency;
            ``(3) the academic and other goals selected by the urban 
        eligible local educational agency and their relationship to the 
        standards set for all students under the Goals 2000: Educate 
        America Act or title I of this Act;
            ``(4) how funds received under this subpart will be used to 
        meet the National Education Goals selected by the urban 
        eligible local educational agency;
            ``(5) how promising or successful models or programs will 
        be replicated in designing activities assisted under this 
        subpart; and
            ``(6) the statistical indicators and other criteria that 
        the urban eligible local educational agency will use to measure 
        progress toward meeting National Education Goals, and a 
        description of what the urban eligible local educational agency 
        has done to ensure that any assessments used to measure such 
        progress will not have a negative effect on minority or 
        language minority students.

``SEC. 16123. PLANNING PERIOD.

    ``Any urban eligible local educational agency requiring additional 
planning efforts to meet the provisions of this subpart may use the 
first 6 months of the initial program year for planning purposes, 
subject to approval by the Secretary, except that not more than 15 
percent of the first year's allotment shall be used for such purposes. 
A written report of the results of such planning shall be submitted to 
the Secretary not later than the end of the first project year.

``SEC. 16124. USES OF FUNDS.

    ``(a) In General.--Funds allotted under this subpart shall be used 
by urban eligible local educational agencies, community-based 
organizations, or nonprofit partnerships to meet National Education 
Goals through programs designed to--
            ``(1) increase the academic achievement of urban public 
        school children to at least the national average, such as--
                    ``(A) effective public schools programs;
                    ``(B) tutoring, mentoring, and other activities to 
                improve academic achievement directly;
                    ``(C) activities designed to increase the 
                participation of minority and female students in entry 
                level and advanced courses in mathematics and science;
                    ``(D) supplementary academic instruction;
                    ``(E) efforts to improve problem-solving and 
                higher-order thinking skills;
                    ``(F) programs to increase student motivation for 
                learning; and
                    ``(G) efforts to lengthen the school day or school 
                year, or to reduce class sizes;
            ``(2) ensure the readiness of all urban public school 
        children for school, such as--
                    ``(A) full workday, full calendar-year 
                comprehensive early childhood development programs;
                    ``(B) parenting classes and parent involvement 
                activities;
                    ``(C) activities designed to coordinate 
                prekindergarten and child care programs;
                    ``(D) efforts to integrate developmentally 
                appropriate prekindergarten services into the overall 
                public school program;
                    ``(E) upgrading the qualifications of early 
                childhood education staff and standards for programs;
                    ``(F) collaborative efforts with health and social 
                service agencies to provide comprehensive services and 
                to facilitate the transition from home to school;
                    ``(G) establishment of comprehensive child care 
                centers in public secondary schools for students who 
                are parents and their children; and
                    ``(H) augmenting early childhood development 
                programs to meet the special educational and cultural 
                needs of limited-English proficient preschool children;
            ``(3) increase the graduation rates of urban public school 
        students to at least the national average, such as--
                    ``(A) dropout prevention activities and support 
                services for public school students at-risk of dropping 
                out of school;
                    ``(B) reentry, outreach, and support activities to 
                recruit students who have dropped out of school to 
                return to school;
                    ``(C) development of systemwide policies and 
                practices that encourage students to stay in school;
                    ``(D) efforts to provide individualized student 
                support, such as mentoring programs;
                    ``(E) collaborative activities between schools, 
                parents, community groups, agencies, and institutions 
                of higher education aimed at preventing individuals 
                from dropping out of school;
                    ``(F) programs to increase student attendance; and
                    ``(G) alternative programs for students, especially 
                bilingual and special education students, who have 
                dropped out of school or are at risk of dropping out of 
                school;
            ``(4) prepare urban public school students to enter higher 
        education, pursue careers, and exercise their responsibilities 
        as citizens, such as--
                    ``(A) activities designed to increase the number 
                and percentages of students, particularly minority 
                students, enrolling in postsecondary educational 
                institutions after graduation from public secondary 
                schools;
                    ``(B) in-school youth employment, vocational 
                education, and career education programs that improve 
                the transition from school to work;
                    ``(C) activities designed in collaboration with 
                colleges and universities to assist urban public school 
                graduates in completing higher education;
                    ``(D) efforts to increase voter registration among 
                eligible public secondary school students;
                    ``(E) activities designed to promote community 
                service and volunteerism among students, parents, 
                teachers, and the community; and
                    ``(F) civic education and other programs designed 
                to enhance responsible citizenship and understanding of 
                the political process;
            ``(5) recruit and retain qualified teachers, such as--
                    ``(A) school-based management projects and 
                activities;
                    ``(B) programs designed to test efforts to increase 
                the professionalization of teachers or to bring 
                teachers up to national voluntary standards;
                    ``(C) alternative routes to certification for 
                qualified individuals from business, the military, and 
                other fields;
                    ``(D) efforts to recruit and retain teachers in 
                critical shortage areas, including early childhood 
                teachers, mathematics and science teachers, and special 
                education and bilingual teachers;
                    ``(E) upgrading the skills of teacher aides and 
                paraprofessionals to permit such individuals to become 
                certified teachers;
                    ``(F) activities specifically designed to increase 
                the number of minority teachers in urban schools;
                    ``(G) programs designed to `grow your own' 
                teachers;
                    ``(H) incentives for teachers to work in inner-city 
                public schools; and
                    ``(I) collaborative activities with urban 
                universities to revise and upgrade teacher training 
                programs; or
            ``(6) decrease the use of drugs and alcohol among urban 
        public school students and enhance the physical and emotional 
        health of such students, such as--
                    ``(A) activities designed to improve the self-
                esteem and self-worth of urban public school students;
                    ``(B) the provision of health care services and 
                other social services and the coordination of such 
                services with other health care providers;
                    ``(C) programs designed to improve safety and 
                discipline and reduce in-school violence, vandalism, 
                and gang activity;
                    ``(D) activities that begin in the early grades and 
                are designed to prevent drug and alcohol abuse and 
                smoking among students and teachers;
                    ``(E) collaborative activities with other agencies, 
                businesses, and community groups to discourage the 
                advertisement and glorification of drugs and alcohol;
                    ``(F) efforts to enhance health education and 
                nutrition education; and
                    ``(G) alternative public schools, and schools-
                within-schools programs, including bilingual and 
                special education programs for public school students 
                with special needs.
    ``(b) Special Rule.--Funds allotted under this subpart may be used 
for the planning, development, operation, or expansion of programs and 
activities that are designed to assist urban public schools in meeting 
National Education Goals, and may include--
            ``(1) training of teachers and other educational personnel 
        in subject areas, or in instructional technology and methods 
        that will improve the delivery of services in urban settings 
        and assist in the achievement of the National Education Goals, 
        including staff development efforts that emphasize 
        multicultural and gender and disability bias-free curricula;
            ``(2) coordination and collaboration with other municipal 
        agencies, child care organizations, universities, or the 
        private sector;
            ``(3) parental involvement and outreach efforts and other 
        activities designed to enhance parental encouragement of 
        student learning;
            ``(4) guidance and psychological counseling, social work, 
        and other support services that contribute to progress in 
        achieving National Education Goals;
            ``(5) efforts to acquire and improve access to educational 
        technology;
            ``(6) programs to serve homeless children, children in 
        desegregation programs, immigrants, migrants, or other highly 
        mobile populations, even if such individuals do not attend a 
        public school assisted under this subpart; and
            ``(7) efforts to improve and strengthen the curriculum and 
        coordinate services across grade levels.
    ``(c) Priority.--Each urban eligible local educational agency 
submitting an application shall give priority in designing the program 
assisted under this subpart to activities that replicate successful 
efforts in other urban local educational agencies or expand successful 
programs within the urban eligible local educational agency.

``SEC. 16125. ACCOUNTABILITY.

    ``(a) In General.--The Secretary may award an allotment under this 
subpart to an urban eligible local educational agency to enable such an 
agency to operate a program under this subpart for a period of not more 
than 5 years. If an urban eligible local educational agency receiving 
an allotment under this subpart meets the accountability requirements 
described in subsection (b) at the end of the 5-year period, and the 
requirements described in subsection (c) at the end of each year, as 
determined by the Secretary, such agency shall be eligible to continue 
the project with funds under this subpart for an additional 3-year 
period.
    ``(b) Requirements To Move Toward National Education Goals.--
            ``(1) Program continuation.--Except as provided in 
        paragraph (2), if after 5 years of receiving an allotment under 
        this subpart an urban eligible local educational agency is able 
        to demonstrate to the satisfaction of the Secretary that such 
        agency has increased the achievement level of urban public 
        school students in the lowest 2 quartiles in the schools served 
        by such agency and assisted under this subpart as measured by 
        the statistical indicators and other criteria specified in the 
        application in excess of the average such achievement of such 
        students in the 3-year period prior to the initiation of the 
        project, then such agency shall be eligible to continue the 
        project with funds under this title for an additional 5-year 
        period upon reapplication under section 16122.
            ``(2) Special rule.--If after 5 years of receiving an 
        allotment under this subpart an urban eligible local 
        educational agency is able to demonstrate to the Secretary that 
        it has made significant progress in school improvement, given 
        changes in the student population or other factors beyond such 
        agency's control, then such agency shall be considered to have 
        met the requirements of paragraph (1) so long as the 
        achievement level of the schools served by such agency and 
        assisted under this subpart did not decline over the 5-year 
        period.
    ``(c) Collection of Data.--Each urban eligible local educational 
agency, community-based organization, university, or nonprofit 
partnership receiving an allotment under this subpart shall annually 
collect and submit to the Secretary data based on the statistical 
indicators and other criteria described in the application submitted by 
such urban eligible local educational agency for the purposes of 
monitoring progress in achieving National Education Goals. Such data 
shall include multiple measures or indicators of each variable, and may 
take into consideration the mobility of students in the schools served 
under this subpart.

``SEC. 16126. INCENTIVE AWARDS TO EXEMPLARY PROGRAMS.

    ``From amounts reserved pursuant to section 16121(a) or otherwise 
made available, the Secretary is authorized to make competitive awards 
to individual public schools participating in a program assisted under 
this subpart that demonstrate to the satisfaction of the Secretary 
success in at least 3 of the following areas:
            ``(1) Unusual or exemplary progress in achieving the 
        National Education Goals through programs described in section 
        16124.
            ``(2) Exemplary or unusually effective collaborative 
        arrangements between public schools, community-based 
        organizations, agencies, parent groups, colleges and 
        businesses.
            ``(3) Identification, review, and removal of potential 
        barriers to student performance in achieving National Education 
        Goals, including a decrease in suspensions, expulsions, in-
        grade retentions, and ability groupings, and lack of access to 
        course offerings in pre-algebra and introductory algebra.
            ``(4) Substantial expansion of the hours that public 
        schools remain open for community use or student after-school 
        recreation.

``SEC. 16127. SPECIAL RULES.

    ``(a) Ranking of Schools To Determine Relative Need.--
            ``(1) In general.--In order to determine which public 
        schools are most in need of services, each urban eligible local 
        educational agency desiring to receive an allotment under this 
        subpart shall separately rank all public elementary and 
        secondary schools under the jurisdiction of such agency on the 
        basis of--
                    ``(A) low achievement;
                    ``(B) high poverty; and
                    ``(C) racial isolation.
            ``(2) Percentage of schools to be served.--Each urban 
        eligible local educational agency that receives an allotment 
        under this subpart shall serve at least 10 percent, but not 
        more than 20 percent, of the public schools under the 
        jurisdiction of such agency.
            ``(3) Criteria for schools to be served.--Subject to 
        paragraph (2) of this subsection, each urban eligible local 
        educational agency that receives an allotment under this 
        subpart--
                    ``(A) shall serve any public school that is 
                determined to be most in need with respect to all 3 
                rankings described in paragraph (1);
                    ``(B) may serve any public school that is 
                determined to be most in need with respect to any 1 or 
                more of such rankings; and
                    ``(C) may serve any public school that received 
                assistance under this title in a previous fiscal year.
    ``(b) Flexibility.--Each urban eligible local educational agency 
shall have the flexibility to serve homeless children, children in 
schools undergoing desegregation, immigrants, migrants, or other highly 
mobile populations within the program assisted under this subpart.

                    ``Subpart 2--General Provisions

``SEC. 16131. WHITE HOUSE CONFERENCE ON URBAN EDUCATION.

    ``(a) Authorization To Call Conference.--
            ``(1) In general.--The President is authorized to call and 
        conduct a White House Conference on Urban Education (referred 
        to in this section as the `Conference') which shall be held not 
        earlier than November 1, 1995, and not later than October 30, 
        1996.
            ``(2) Purpose.--The purpose of the Conference shall be to--
                    ``(A) develop recommendations and strategies for 
                the improvement of urban education;
                    ``(B) marshal the forces of the private sector, 
                governmental agencies at all levels, parents, teachers, 
                communities, and education officials to assist urban 
                public schools in achieving National Education Goals; 
                and
                    ``(C) conduct the initial planning for a permanent 
                national advisory commission on urban education.
    ``(b) Composition of Conference.--
            ``(1) In general.--The Conference shall be comprised of 12 
        individuals, including--
                    ``(A) representatives of urban public school 
                systems, including members of the governing body of 
                local educational agencies, and school superintendents;
                    ``(B) representatives of the Congress, the 
                Department of Education, and other Federal agencies;
                    ``(C) State elected officials and representatives 
                from State educational agencies; and
                    ``(D) individuals with special knowledge of and 
                expertise in urban education.
            ``(2) Selection.--The President shall select one-third of 
        the participants of the Conference, the Majority Leader of the 
        Senate shall select one-third of such participants, and the 
        Speaker of the House of Representatives shall select the 
        remaining one-third of such participants.
            ``(3) Representation.--In selecting the participants of the 
        Conference, the President, the Majority Leader of the Senate, 
        and the Speaker of the House of the House of Representatives 
        shall ensure that the participants are as representative of the 
        ethnic, racial, and linguistic diversity of cities as is 
        practicable.
    ``(c) Report.--
            ``(1) In general.--Not later than 120 days following the 
        termination of the Conference, a final report of the 
        Conference, containing such findings and recommendations as may 
        be made by the Conference, shall be submitted to the President. 
        The final report shall be made public and, not later than 90 
        days after receipt by the President, transmitted to the 
        Congress together with a statement of the President containing 
        recommendations for implementing the report.
            ``(2) Publication and distribution.--The Conference is 
        authorized to publish and distribute the report described in 
        this section. Copies of the report shall be provided to the 
        Federal depository libraries and made available to local urban 
        public school leaders.

                        ``PART B--RURAL SCHOOLS

``SEC. 16201. SHORT TITLE.

    ``This part may be cited as the `Rural Schools of America (RSA) Act 
of 1994'.

``SEC. 16202. FINDINGS.

    ``The Congress finds that--
            ``(1) the ability of America's rural public school systems 
        to meet the National Education Goals will contribute to the 
        economic competitiveness and academic standing of the Nation in 
        the world community;
            ``(2) the quality of public education in the rural areas of 
        the Nation has a direct effect on the economic development of 
        the rural communities of the Nation;
            ``(3) the success of rural public schools in boosting the 
        achievement of minority youth attending such schools will 
        determine the ability of the Nation to close the gap between 
        the haves and the have-nots in society;
            ``(4) the cost to America's businesses to provide remedial 
        education to secondary public school graduates is approximately 
        $21,000,000,000 per year;
            ``(5) rural public schools enroll a disproportionately 
        large share of the Nation's poor and at-risk youth;
            ``(6) approximately 60 percent of the Nation's public 
        school districts are rural with a population of less than 
        2,500;
            ``(7) approximately one out of every four of America's 
        rural children are living below the poverty line;
            ``(8) the academic performance of students in the average 
        rural public school system is below that of students in most 
        suburban school systems;
            ``(9) rural preschoolers have less access to early 
        childhood development programs than other children;
            ``(10) shortages of teachers for rural public school 
        systems is greater than in other kinds of school systems;
            ``(11) a declining number of rural public secondary school 
        graduates are pursuing postsecondary education opportunities;
            ``(12) the average age of rural public school buildings is 
        more than 45 years old and such buildings are often in serious 
        disrepair, creating poor and demoralizing working and learning 
        conditions;
            ``(13) solving the challenges facing the Nation's rural 
        public schools will require the concerted and collaborative 
        efforts of all levels of government and all sectors of the 
        community;
            ``(14) Federal and State funding of rural public schools 
        has not adequately reflected need; and
            ``(15) Federal funding that is well-targeted, flexible, and 
        accountable would contribute significantly to addressing the 
        comprehensive needs of rural public schools.

``SEC. 16203. PURPOSE.

    ``It is the purpose of this part to provide financial assistance to 
rural public schools most in need, to encourage the comprehensive 
restructuring of America's rural schools, the appropriate use of 
telecommunications technologies for learning, and to support innovative 
programs which improve performance through programs and projects 
designed to--
            ``(1) assist rural public schools in meeting National 
        Education Goals;
            ``(2) encourage rural public schools to engage in school 
        reform;
            ``(3) develop pilot projects that experiment with 
        innovative ways to teach rural public school children more 
        effectively;
            ``(4) improve the educational and social well-being of 
        rural public school children;
            ``(5) close the achievement gap between children attending 
        rural public schools and other children, while improving the 
        achievement level of all children nationally;
            ``(6) conduct coordinated research on rural education 
        problems, solutions, promising practices, and distance learning 
        technologies;
            ``(7) improve the Nation's global economic and educational 
        competitiveness by improving the Nation's rural public schools;
            ``(8) encourage community, parental, and business 
        collaboration in the improvement of rural public schools;
            ``(9) encourage rural school consortia for the purpose of 
        increasing efficiency and course offerings;
            ``(10) encourage a positive role for rural public schools 
        in local rural entrepreneurship and the identification of rural 
        community economic development opportunities;
            ``(11) encourage community-as-school concepts, which 
        include the role public schools can play to assist with rural 
        community economic revitalization; and
            ``(12) provide meaningful inservice opportunities for rural 
        public school teachers.

                 ``Subpart 1--Rural School Improvement

``SEC. 16221. ALLOTMENT OF FUNDS.

    ``(a) Reservation.--From the amount appropriated or otherwise made 
available to carry out this subpart for any fiscal year after the first 
fiscal year in which the Secretary awards allotments to State 
educational agencies under this subpart, the Secretary shall reserve 5 
percent of such funds to provide incentive awards in accordance with 
section 16226.
    ``(b) Allotments.--
            ``(1) Federal allotment.--From the remainder of the funds 
        not reserved under subsection (a), the Secretary shall allot to 
        each State educational agency with an approved application in 
        each fiscal year an amount which bears the same relationship to 
        such funds as the amount all rural eligible local educational 
        agencies with approved applications in the State were allocated 
        under section 1123 (or for fiscal year 1995 only, such 
        section's predecessor authority) in the preceding fiscal year 
        bears to the total amount received under such section (or 
        predecessor authority) in such preceding fiscal year by all 
        rural eligible local educational agencies with approved 
        applications in all States.
            ``(2) State allotment.--
                    ``(A) Reservation for administrative expenses.--
                From amounts received pursuant to paragraph (1), each 
                State educational agency may reserve not more than 1 
                percent of such amount for administrative expenses.
                    ``(B) Reservation for community-based organizations 
                and nonprofit partnerships.--From amounts received 
                under paragraph (1) for any fiscal year, each State 
                educational agency shall reserve not more than 5 
                percent to make as many grants as practicable for 
                activities in accordance with the National Education 
                Goals and described in section 16224 to--
                            ``(i) community-based organizations; or
                            ``(ii) nonprofit partnerships among rural 
                        eligible local educational agencies, local 
                        colleges or universities, private sector 
                        businesses, or any combination thereof, that 
                        enter into a written agreement with at least 
                        one rural eligible local educational agency.
                    ``(C) Formula.--From the remainder of amounts 
                received pursuant to paragraph (1) and not reserved 
                pursuant to subparagraphs (A) and (B) in each fiscal 
                year, each State educational agency shall allot to each 
                rural eligible local educational agency with an 
                approved application an amount which bears the same 
                relationship to such funds as the amount such rural 
                eligible local educational agency was allocated under 
                section 1123 (or for fiscal year 1995 only, such 
                section's predecessor authority) in the preceding 
                fiscal year bears to the total amount received under 
                such section (or predecessor authority) in such 
                preceding fiscal year by all rural eligible local 
                educational agencies with approved applications in the 
                State.
                    ``(D) Administrative costs.--Not more than 5 
                percent of any rural eligible local educational 
                agency's allotment under this subsection may be used 
                for administrative costs.
    ``(c) Reallotment.--Any amounts available for reallotment pursuant 
to subsections (a) and (b) shall be reallotted in the same manner as 
the original allotments were made.

``SEC. 16222. APPLICATION.

    ``(a) State Application.--
            ``(1) In general.--Each State educational agency desiring 
        to receive an allotment in any fiscal year to carry out the 
        provisions of this subpart shall submit an application to the 
        Secretary at such time, in such manner, and accompanied by such 
        information as the Secretary may reasonably require.
            ``(2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    ``(A) describe the State's approach to improving 
                education in rural public schools;
                    ``(B) contain such information as the Secretary may 
                reasonably require in order to make the allotment 
                described in section 16221(b)(1); and
                    ``(C) contain such other information or assurances 
                as the Secretary determines necessary to ensure 
                compliance with this subpart.
    ``(b) Local Application.--
            ``(1) In general.--Any rural eligible local educational 
        agency desiring to receive an allotment to carry out this 
        subpart, shall submit an application to the State educational 
        agency at such time, in such manner, and accompanied by such 
        information as the State educational agency may reasonably 
        require.
            ``(2) Contents of local educational agency application.--
        Each application submitted by a rural eligible local 
        educational agency pursuant to paragraph (1) shall include a 
        description of--
                    ``(A) the community served by the rural eligible 
                local educational agency and the effects of the 
                community on the educational conditions within the 
                public schools served by the rural eligible local 
                educational agency;
                    ``(B) the academic and other goals selected by the 
                rural eligible local educational agency and their 
                relationship to the standards set for all students 
                under the Goals 2000: Educate America Act or title I of 
                this Act;
                    ``(C) how funds received under this subpart will be 
                used to meet the National Educational Goals selected by 
                the rural eligible local educational agency;
                    ``(D) how promising or successful models or 
                programs will be replicated in designing activities 
                assisted under this subpart;
                    ``(E) which federally funded programs and 
                activities are being expanded under this subpart; and
                    ``(F) the statistical indicators and other criteria 
                that the rural eligible local educational agency will 
                use to measure progress toward meeting National 
                Education Goals.
            ``(3) Duration.--Except as provided in section 16225, the 
        application described in paragraph (1) may be for a period of 
        not more than 5 years.
    ``(c) Community-Based Organizations and Nonprofit Partnerships.--
Any community-based organization or nonprofit partnership described in 
section 16221(b)(2)(B) desiring to receive a grant from a State 
educational agency pursuant to such section shall--
            ``(1) prepare and submit an application to the State 
        educational agency;
            ``(2) describe in the application the collaborative efforts 
        undertaken with a rural eligible local educational agency in 
        designing a program to meet the purposes of this part; and
            ``(3) describe in the application how funds will be used to 
        help meet the education goals selected by a rural eligible 
        local educational agency pursuant to subsection (b) of this 
        section.

``SEC. 16223. PLANNING PERIOD.

    ``Any rural eligible local educational agency requiring additional 
planning efforts to meet the requirements of this subpart may use the 
first 3 months of the initial program year for planning purposes, 
subject to approval by the State educational agency, except that not 
more than 10 percent of the first year's allotment shall be used for 
such purposes. A written report of the results of the plan shall be 
submitted to the State educational agency.

``SEC. 16224. USES OF FUNDS.

    ``(a) In General.--Funds allotted under section 16221(b)(2) shall 
be used by rural eligible local educational agencies, or community-
based organizations or nonprofit partnerships described in section 
16221(b)(2)(B), to meet National Education Goals through programs 
designed to--
            ``(1) increase the academic achievement of rural public 
        school children to at least the national average, including 
        education reform initiatives, such as--
                    ``(A) effective public schools programs;
                    ``(B) tutoring, mentoring, and other activities to 
                improve academic achievement directly;
                    ``(C) supplementary academic instruction;
                    ``(D) efforts to improve problem-solving and 
                higher-order critical thinking skills;
                    ``(E) programs to increase student motivation for 
                learning;
                    ``(F) efforts to lengthen the school day, school 
                year, or reduce class sizes; and
                    ``(G) encouraging the establishment of rural school 
                consortia to increase efficiency and course offerings;
            ``(2) ensure the readiness of all rural children for 
        school, such as--
                    ``(A) full workday, full calendar-year 
                comprehensive early childhood development programs;
                    ``(B) parenting classes, including parenting 
                classes for teenage parents, and parent involvement 
                activities;
                    ``(C) activities designed to coordinate 
                prekindergarten and child care programs;
                    ``(D) efforts to integrate developmentally 
                appropriate prekindergarten services into the overall 
                public school program;
                    ``(E) improving the skills of early childhood 
                education staff and standards for programs;
                    ``(F) collaborative efforts with health and social 
                service agencies to provide comprehensive services and 
                to facilitate the transition from home to school;
                    ``(G) establishment of comprehensive child care 
                centers in public secondary schools for student-parents 
                and their children; and
                    ``(H) augmenting early childhood development 
                programs to meet the special educational and cultural 
                needs of limited-English proficient and migrant 
                preschool children;
            ``(3) increase the graduation rates of rural public school 
        students to at least the national average, when funds are used 
        to serve secondary schools, such as--
                    ``(A) dropout prevention activities and support 
                services for students at-risk of dropping out of 
                school;
                    ``(B) reentry, outreach and support activities to 
                recruit students who have dropped out of school to 
                return to school;
                    ``(C) development of systemwide policies and 
                practices that encourage students to stay in school;
                    ``(D) efforts to provide individualized student 
                support;
                    ``(E) collaborative activities between schools, 
                parents, community groups, agencies, and institutions 
                of higher education aimed at preventing individuals 
                from dropping out of school;
                    ``(F) programs to increase student attendance; and
                    ``(G) alternative programs for students, especially 
                bilingual, special education, and migrant students, who 
                have dropped out of school or are at risk of dropping 
                out of school;
            ``(4) prepare rural public school students to enter higher 
        education, pursue careers, and exercise their responsibilities 
        as citizens, such as--
                    ``(A) activities designed to increase the number 
                and percentages of students, enrolling in postsecondary 
                educational institutions after graduation from 
                secondary schools;
                    ``(B) in-school youth employment, vocational 
                education, and career education programs that improve 
                the transition from school to work;
                    ``(C) activities designed in collaboration with 
                colleges and universities to assist rural public school 
                graduates in completing higher education;
                    ``(D) activities designed in conjunction with 
                community colleges to provide a kindergarten through 
                grade 14 experience for rural public school secondary 
                school students;
                    ``(E) efforts to increase voter registration among 
                eligible public secondary school students attending 
                schools served by rural eligible local educational 
                agencies;
                    ``(F) activities designed to promote community 
                service and volunteerism among students, parents, 
                teachers, and the community;
                    ``(G) civic education, law-related education, and 
                other programs designed to enhance responsible 
                citizenship and understanding of the political process; 
                and
                    ``(H) encouraging a positive role for rural public 
                schools in local rural entrepreneurship and the 
                identification of rural community economic development 
                opportunities;
            ``(5) recruit and retain qualified teachers, such as--
                    ``(A) school-based management projects and 
                activities;
                    ``(B) programs designed to increase the status of 
                the teaching profession;
                    ``(C) alternative routes to certification for 
                qualified individuals from business, the military, and 
                other fields;
                    ``(D) efforts to recruit and retain teachers in 
                critical shortage areas, including early childhood 
                teachers, mathematics and science teachers, foreign 
                language teachers, and special education and bilingual 
                teachers;
                    ``(E) upgrading the skills of existing classroom 
                teachers through the use of year-round, systematic, 
                comprehensive inservice training programs;
                    ``(F) upgrading the skills of teacher aides and 
                paraprofessionals to assist such individuals in 
                becoming certified teachers;
                    ``(G) efforts specifically designed to increase the 
                number of minority teachers in rural public schools;
                    ``(H) programs designed to encourage parents and 
                students to enter the teaching profession;
                    ``(I) incentives for teachers to work in rural 
                public schools;
                    ``(J) collaborative activities with colleges and 
                universities to revise and upgrade teacher training 
                programs to meet the needs of rural public school 
                students; and
                    ``(K) training activities for the purpose of 
                incorporating distance learning technologies; or
            ``(6) decrease the use of drugs and alcohol among rural 
        public school students, and to enhance the physical and 
        emotional health of such students, such as--
                    ``(A) activities designed to improve the self-
                esteem and self-worth of rural students;
                    ``(B) the provision of health care services and 
                other social services and the coordination of such 
                services with other health care providers;
                    ``(C) programs designed to improve safety and 
                discipline and reduce in-school violence and vandalism;
                    ``(D) activities that begin in the early grades and 
                are designed to prevent drug and alcohol abuse and 
                smoking among students;
                    ``(E) collaborative activities with other agencies, 
                businesses, and community groups;
                    ``(F) efforts to enhance health education and 
                nutrition education; and
                    ``(G) alternative public schools, and schools-
                within-schools programs, including bilingual, migrant, 
                and special education programs for students with 
                special needs.
    ``(b) Special Rule.--Funds allotted under section 16221(b)(2) may 
be used by rural eligible local educational agencies, or community-
based organizations or nonprofit partnerships, described in section 
16221(b)(2)(B), for the planning, development, operation, or expansion 
of programs and activities that are designed to assist rural public 
schools in meeting National Education Goals, and may include--
            ``(1) training of teachers and other educational personnel 
        in subject areas, or instructional technology and methods, that 
        will improve the delivery of services in rural settings in any 
        of the National Education Goal areas, including staff 
        development efforts which emphasize multicultural, gender, and 
        disability bias-free curricula;
            ``(2) coordination and collaboration with other rural 
        agencies, including State rural development councils, child 
        care organizations, universities, or the private sector;
            ``(3) parental involvement and outreach efforts and other 
        activities designed to enhance parental encouragement of 
        student learning;
            ``(4) guidance counseling, psychological, social work, and 
        other support services that contribute to progress in achieving 
        National Education Goals;
            ``(5) efforts to acquire and improve access to educational 
        technology, including distance learning technologies;
            ``(6) programs to serve homeless children, children in 
        schools undergoing desegregation, immigrants, migrants, or 
        other highly mobile populations, even if such individuals do 
        not attend a rural public school assisted under this subpart;
            ``(7) efforts to improve, reform and strengthen the 
        curriculum, especially efforts to enhance critical thinking 
        skills among rural students, and efforts to coordinate services 
        across grade levels; and
            ``(8) other activities designed to assist in achieving the 
        National Education Goals.
    ``(c) Priority.--Each eligible rural local educational agency 
submitting an application under this section shall give priority in 
designing the program assisted under this subpart to activities that 
replicate successful efforts in other local educational agencies or 
expand successful programs within the rural eligible local educational 
agency.

``SEC. 16225. ACCOUNTABILITY.

    ``(a) In General.--The State educational agency may award an 
allotment under this subpart to a rural eligible local educational 
agency to enable such an agency to operate a program under this subpart 
for a period of not more than 5 years. If a rural eligible local 
educational agency receiving an allotment under this subpart meets the 
accountability requirements described in subsection (b) at the end of 5 
years and the requirements described in subsection (c) at the end of 
each year, as determined by the State educational agency, such local 
educational agency shall be eligible to continue the project with funds 
under this subpart for an additional 3 years if such local educational 
agency so desires.
    ``(b) Requirements To Move Toward National Education Goals.--
            ``(1) Program continuation.--If, after 5 years of receiving 
        an allotment under this subpart, a rural eligible local 
        educational agency is able to demonstrate to the satisfaction 
        of the State educational agency that such rural eligible local 
        educational agency has increased the achievement within the 
        lowest 2 quartiles of students in rural public schools assisted 
        under this subpart as measured by the statistical indicators 
        and other criteria specified in the application in comparison 
        to the year prior to the initiation of the project, then such 
        agency shall be eligible to continue the project with funds 
        under this subpart for an additional 5 years upon reapplication 
        under section 16222.
            ``(2) Special rule.--If, after 5 years of receiving an 
        allotment under this subpart, a rural eligible local 
        educational agency is able to demonstrate to the Secretary that 
        it has made significant progress in school improvement, given 
        changes in the student population or other factors beyond such 
        agency's control, then such agency shall be deemed to have met 
        the requirements of paragraph (1) so long as the average 
        achievement level of the public schools assisted under this 
        subpart did not decline over the previous 5-year period.
    ``(c) Collection of Data and Certification.--
            ``(1) In general.--Each rural eligible local educational 
        agency, community-based organizations or nonprofit partnerships 
        described in section 16221(b)(2)(B), receiving assistance under 
        this subpart shall annually collect and submit to the State 
        educational agency data based on the statistical indicators and 
        other criteria described in the application submitted by such 
        rural eligible local educational agency for the purposes of 
        monitoring progress in achieving the National Education Goals 
        in accordance with paragraph (2). Such data shall include 
        multiple measures or indicators of each variable, and may take 
        into consideration the mobility of students in the public 
        schools served under this subpart or other special factors.
            ``(2) Certification.--Each rural eligible local educational 
        agency receiving an allotment pursuant to section 16221(b)(2) 
        shall annually certify to the State educational agency that 
        such rural eligible local educational agency has--
                    ``(A) complied with the provisions of this 
                subsection; and
                    ``(B) made progress toward meeting National 
                Education Goals and the goals described in section 
                16222(b)(2)(D).

``SEC. 16226. INCENTIVE AWARDS TO EXEMPLARY PROGRAMS.

    ``From amounts reserved pursuant to section 16221(a) or otherwise 
made available, the Secretary is authorized to make competitive awards 
to rural eligible local educational agencies to enable such agencies to 
provide assistance to individual schools participating in a program 
assisted under this subpart that demonstrate to the satisfaction of the 
Secretary at least 3 of the following:
            ``(1) Unusual or exemplary progress in achieving the 
        National Education Goals through programs described in section 
        16224.
            ``(2) Exemplary or unusually effective collaborative 
        arrangements between the schools, community-based 
        organizations, agencies, parent groups, colleges, and 
        businesses.
            ``(3) Identification, review and removal of potential 
        barriers to student performance in the National Education Goal 
        areas, such as suspensions and expulsions, in-grade retentions, 
        ability grouping, lack of access to course offerings, and other 
        such barriers.

                    ``Subpart 2--General Provisions

``SEC. 16231. WHITE HOUSE CONFERENCE ON RURAL EDUCATION.

    ``(a) Authorization To Call Conference.--
            ``(1) In general.--The President is authorized to call and 
        conduct a White House Conference on Rural Education (referred 
        to in this section as the `Conference').
            ``(2) Date.--The Conference described in paragraph (1) 
        shall be held not earlier than November 1, 1995, and not later 
        than October 30, 1996.
            ``(3) Purpose.--The purposes of the Conference shall be 
        to--
                    ``(A) develop recommendations and strategies for 
                the improvement of rural public education;
                    ``(B) marshal the forces of the private sector, 
                governmental agencies at all levels, parents, teachers, 
                communities, and education officials to assist rural 
                public schools in achieving National Education Goals, 
                and make recommendations on the roles rural public 
                schools can play to assist with local rural community 
                economic revitalization; and
                    ``(C) conduct the initial planning for a permanent 
                national commission on rural public education.
    ``(b) Composition of Conference.--
            ``(1) In general.--The Conference shall be comprised of--
                    ``(A) representatives of eligible public school 
                systems, including members of the governing body of 
                local educational agencies, school superintendents, and 
                classroom teachers;
                    ``(B) representatives of the Congress, the 
                Department of Education, and other Federal agencies;
                    ``(C) State elected officials and representatives 
                from State educational agencies;
                    ``(D) individuals with special knowledge of, and 
                expertise in, rural education, including individuals 
                involved with rural postsecondary education; and
                    ``(E) individuals with special knowledge of, and 
                expertise in, rural business.
            ``(2) Selection.--The President shall select one-third of 
        the participants of the Conference, the Majority Leader of the 
        Senate shall select one-third of such participants, and the 
        Speaker of the House of Representatives shall select the 
        remaining one-third of such participants.
            ``(3) Representation.--In selecting the participants of the 
        Conference, the President, the Majority Leader of the Senate, 
        and the Speaker of the House of Representatives shall ensure 
        that the participants are as representative of the ethnic, 
        racial, and language diversity of rural areas as is 
        practicable.
    ``(c) Report.--
            ``(1) In general.--Not later than 120 days following the 
        termination of the Conference, a final report of the 
        Conference, containing such findings and recommendations as may 
        be made by the Conference, shall be submitted to the President. 
        The final report shall be made public and, not later than 90 
        days after receipt by the President, transmitted to the 
        Congress together with a statement of the President containing 
        recommendations for implementing the report.
            ``(2) Publication and distribution.--The Conference is 
        authorized to publish and distribute the report described in 
        this section. Copies of the report shall be provided to the 
        Federal depository libraries and made available to local rural 
        school leaders and teachers.

               ``PART C--AUTHORIZATION OF APPROPRIATIONS

``SEC. 16301. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated 
$50,000,000 for fiscal year 1995, and such sums as may be necessary for 
each of the 4 succeeding fiscal years, to carry out this title, of 
which--
            ``(1) 50 percent shall be made available to carry out part 
        A; and
            ``(2) 50 percent shall be made available to carry out part 
        B.
    ``(b) Federal Funds To Supplement Not Supplant Non-Federal Funds.--
An eligible local educational agency may use funds received under this 
title only to supplement and, to the extent practicable, increase the 
level of funds that would, in the absence of such Federal funds, be 
made available from non-Federal sources for the education of students 
participating in activities assisted under this title, and in no such 
case may such funds be used to supplant funds from non-Federal sources.

                     ``TITLE XVII--GUN-FREE SCHOOLS

``SEC. 17001. GUN-FREE REQUIREMENTS.

    ``(a) Short Title.--This section may be cited as the ``Gun-Free 
Schools Act of 1994''.
    ``(b) Requirements.--
            ``(1) In general.--Except as provided in paragraph (3), no 
        assistance may be provided to any local educational agency 
        under this Act unless such agency has in effect a policy 
        requiring the expulsion from school for a period of not less 
        than one year of any student who is determined to have brought 
        a weapon to a school under the jurisdiction of such agency, 
        except that such policy may allow the chief administering 
        officer of such agency to modify such expulsion requirement for 
        a student on a case-by-case basis.
            ``(2) Construction.--Nothing in this title shall be 
        construed to prevent a local educational agency that has 
        expelled a student from such student's regular school setting 
        from providing educational services to such student in an 
        alternative setting, as provided by State law, policy, or 
        otherwise determined by such local educational agency.
            ``(3) Special rule.--(A) Any local educational agency 
        serving a State that has enacted a State law prior to the date 
        of enactment of the Improving America's Schools Act of 1994 
        which is in conflict with the not less than 1 year expulsion 
        requirement described in paragraph (1) shall have the period of 
        time described in subparagraph (B) to comply with such 
        requirement.
            ``(B) The period of time shall be the period beginning on 
        the date of enactment of the Improving America's Schools Act 
        and ending 1 year after such date.
            ``(4) Definition.--For the purpose of this section, the 
        term `weapon' means a firearm as such term is defined in 
        section 921 of title 18, United States Code.
    ``(c) Report to State.--Each local educational agency requesting 
assistance from the State educational agency that is to be provided 
from funds made available to the State under this Act shall provide to 
the State, in the application requesting such assistance--
            ``(1) an assurance that such local educational agency has 
        in effect the policy required by subsection (b); and
            ``(2) a description of the circumstances surrounding any 
        expulsions imposed under the policy required by subsection (b), 
        including--
                    ``(A) the name of the school concerned;
                    ``(B) the number of students expelled from such 
                school; and
                    ``(C) the types of weapons concerned.''.

      TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT

     PART A--APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT

SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.

    Section 400 of the General Education Provisions Act (20 U.S.C. 1221 
et seq.) (hereafter in this title (other than part G) referred to as 
the ``Act'') is amended to read as follows:

               ``short title; applicability; definitions

    ``Sec. 400. (a) This title may be cited as the `General Education 
Provisions Act'.
    ``(b)(1) Except as otherwise provided, this title applies to each 
applicable program of the Department of Education.
    ``(2) Except as otherwise provided, this title does not apply to 
any contract made by the Department of Education.
    ``(c) As used in this title, the following terms have the following 
meanings:
            ``(1) The term `applicable program' means any program for 
        which the Secretary or the Department has administrative 
        responsibility as provided by law or by delegation of authority 
        pursuant to law. The term includes each program for which the 
        Secretary or the Department has administrative responsibility 
        under the Department of Education Organization Act or under 
        Federal law effective after the effective date of that Act.
            ``(2) The term `applicable statute' means--
                    ``(A) the Act or the title, part, section, or any 
                other subdivision of an Act, as the case may be, that 
                authorizes the appropriation for an applicable program;
                    ``(B) this title; and
                    ``(C) any other statute that by its terms expressly 
                controls the administration of an applicable program.
            ``(3) The term `Department' means the Department of 
        Education.
            ``(4) The term `Secretary' means the Secretary of 
        Education.
    ``(d) Nothing in this title shall be construed to affect the 
applicability of title VI of the Civil Rights Act of 1964, title IX of 
the Education Amendments of 1972, title V of the Rehabilitation Act of 
1973, the Age Discrimination Act, or other statutes prohibiting 
discrimination, to any applicable program.''.

SEC. 212. REPEAL.

    Section 400A of the Act (20 U.S.C. 1221-3) is repealed.

                  PART B--THE DEPARTMENT OF EDUCATION

SEC. 221. NEW HEADING FOR PART A.

    The heading for part A of the Act is amended to read as follows:

         ``Part A--Functions of the Department of Education''.

SEC. 222. GENERAL AUTHORITY OF THE SECRETARY.

    Section 408 of the Act (20 U.S.C. 1221e-3) is amended to read as 
follows:

                  ``general authority of the secretary

    ``Sec. 408. The Secretary, in order to carry out functions 
otherwise vested in the Secretary by law or by delegation of authority 
pursuant to law, and subject to limitations as may be otherwise imposed 
by law, is authorized to make, promulgate, issue, rescind, and amend 
rules and regulations governing the manner of operation of, and 
governing the applicable programs administered by, the Department.''.

SEC. 223. REPEALS.

    Sections 401, 402, 403 (20 U.S.C. 1221c), 406 (20 U.S.C. 1221e-1), 
406A (20 U.S.C. 1221e-1a), 406B (20 U.S.C. 1221e-1b), 406C (20 U.S.C. 
1221e-1c), and 407 (20 U.S.C. 1221e-2) of the Act are repealed.

                 PART C--APPROPRIATIONS AND EVALUATIONS

SEC. 231. AVAILABILITY OF APPROPRIATIONS.

    (a) Amendment to Heading.--The heading for section 412 of the Act 
(20 U.S.C. 1225) is amended to read as follows:

  ``availability of appropriations on academic or school-year basis; 
              additional period for obligation of funds''.

    (b) Amendment to Text.--Section 412 of the Act (20 U.S.C. 1225) is 
further amended--
            (1) in subsection (a)--
                    (A) by striking ``to educational agencies or 
                institutions'';
                    (B) by striking ``expenditure'' and inserting 
                ``obligation''; and
                    (C) by striking ``agency or institution concerned'' 
                and inserting ``recipient'';
            (2) in subsection (b)--
                    (A) by amending the matter preceding paragraph (2) 
                to read as follows:
    ``(b)(1)(A) Notwithstanding any other provision of law, unless 
enacted in express limitation of this subsection, any funds from 
appropriations to carry out any applicable State formula grant program 
that are not obligated by a recipient by the end of the fiscal year for 
which such funds were appropriated shall remain available for 
obligation by such recipient during the succeeding fiscal year.
    ``(B) As used in this subsection, the term `applicable State 
formula grant program' means an applicable program the authorizing 
statute or implementing regulations of which provide a formula for 
allocating program funds among eligible States.''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``applicable 
                                program'' and inserting ``applicable 
                                State formula grant program''; and
                                    (II) by striking ``and 
                                expenditure'' and inserting ``and 
                                expended''; and
                            (ii) in subparagraph (B), by striking 
                        ``such educational agencies or institutions'' 
                        and inserting ``the recipients of such funds''; 
                        and
            (3) by striking subsection (c).

SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.

    Section 414 of the Act (20 U.S.C. 1226a) is amended to read as 
follows:

                   ``contingent extension of programs

    ``Sec. 414. (a) The authorization of appropriations for, or 
duration of, an applicable program shall be automatically extended for 
two additional fiscal years unless the Congress, in the regular session 
that ends prior to the terminal fiscal year of such authorization or 
duration has passed legislation that becomes law and extends, or has 
rejected legislation that would have extended, the authorization or 
duration of such program.
    ``(b) The amount authorized to be appropriated for the period of 
automatic extension under subsection (a) of an applicable program shall 
be the amount authorized to be appropriated for such program for the 
terminal fiscal year of the applicable program.
    ``(c) If the Secretary is required, in the terminal fiscal year of 
an applicable program, to carry out certain acts or make certain 
determinations that are necessary for the continuation of such program, 
such acts or determinations shall be required to be carried out or made 
during the period of automatic extension under subsection (a).''.

SEC. 233. BIENNIAL EVALUATION REPORT.

    Section 417 of the Act (20 U.S.C. 1226c) is amended to read as 
follows:

                      ``biennial evaluation report

    ``Sec. 417. Not later than March 31, 1995, and every 2 years 
thereafter, the Secretary shall transmit to the Committee on Education 
and Labor of the House of Representatives and the Committee on Labor 
and Human Resources of the Senate an evaluation report on the 
effectiveness of applicable programs in achieving their legislated 
intent and purposes during the 2 preceding fiscal years. Such report 
shall--
            ``(1) contain program profiles that include legislative 
        citations, multiyear funding histories, and legislated 
        purposes;
            ``(2) contain recent information on the progress being made 
        toward the achievement of program objectives, including 
        listings of program performance indicators, data from 
        performance measurement based on the indicators, and 
        information on the costs and benefits of the applicable 
        programs being evaluated;
            ``(3) address significant program activities, such as 
        initiatives for program improvement, regulations, and program 
        monitoring and evaluation;
            ``(4) list the principal analyses and studies supporting 
        the major conclusions in the report;
            ``(5) include available data to indicate the effectiveness 
        of the programs and projects by the race, sex, disability and 
        age of the beneficiaries of such programs and projects; and
            ``(6) include the results of the program evaluations 
        conducted in accordance with section 10107 of the Elementary 
        and Secondary Education Act of 1965.''.

SEC. 234. TECHNICAL AMENDMENTS.

    (a) Payments.--Section 415 of the Act (20 U.S.C. 1226a-1) is 
amended by striking ``Commissioner'' and inserting ``Secretary''.
    (b) Program Planning and Evaluation.--Section 420 of the Act (20 
U.S.C. 1228) is amended--
            (1) by striking ``title I of'' and all that follows through 
        ``Congress)'' and inserting ``title IX of the Elementary and 
        Secondary Education Act of 1965''; and
            (2) by striking ``subparagraph (C) of section 3(d)(2) or 
        section 403(1)(C) of that Act'' and inserting ``subsections (d) 
        and (g) of section 9004 of such Act or residing on property 
        described in section 9014(10) of such Act''.

SEC. 235. REPEALS.

    Sections 411 (20 U.S.C. 1223), 413 (20 U.S.C. 1226), 416 (20 U.S.C. 
1226b), and 419 (20 U.S.C. 1227) of the Act are repealed.

              PART D--ADMINISTRATION OF EDUCATION PROGRAMS

SEC. 241. JOINT FUNDING OF PROGRAMS.

    Section 421A of the Act (20 U.S.C. 1231) is amended to read as 
follows:

                      ``joint funding of programs

    ``Sec. 421A. (a)(1) The Secretary is authorized to enter into 
arrangements with other Federal agencies to jointly carry out projects 
of common interest, to transfer to such agencies funds appropriated 
under any applicable program, and to receive and use funds from such 
agencies, for projects of common interest.
    ``(2) Funds transferred or received pursuant to paragraph (1) shall 
be used only in accordance with the Federal law authorizing the 
appropriation of such funds and the Federal law appropriating such 
funds, and shall be made available only to parties eligible to receive 
such funds under such law.
    ``(3) If the Secretary enters into a agreement under this 
subsection for the administration of a project, the agency 
administering the project shall use such agency's procedures to select 
recipients of funds under such project and to administer the awards, 
unless the parties to the agreement specify the use of procedures of 
another agency that is a party to the agreement.
    ``(4) If the Secretary has entered into an agreement authorized 
under this subsection and the Secretary and the heads of the other 
agencies participating in the agreement determine that joint funding is 
necessary to address a special need consistent with the purposes and 
authorized activities of each program that provides funding under the 
joint project, the Secretary and the heads of the other participating 
agencies may develop a single set of criteria for the jointly funded 
project and require each applicant for such project to submit a single 
application for review by the participating agencies.
    ``(b) The Secretary may develop the criteria for, and require the 
submission of, joint applications under two or more applicable programs 
under which funds are awarded on a competitive basis, and may jointly 
review and approve such applications separately from other applications 
under such programs, when the Secretary determines that such joint 
awards are necessary to address a special need consistent with the 
purposes and authorized activities of each such program. Any applicant 
for such a joint award shall meet the eligibility requirements of each 
such program.''.

SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.

    Section 422 of the Act (20 U.S.C. 1231a) is amended to read as 
follows:

             ``collection and dissemination of information

    ``Sec. 422. The Secretary shall--
            ``(1) prepare and disseminate to State and local 
        educational agencies and institutions information concerning 
        applicable programs, and cooperate with other Federal officials 
        who administer programs affecting education in disseminating 
        information concerning such programs;
            ``(2) inform the public regarding federally supported 
        education programs; and
            ``(3) collect data and information on applicable programs 
        for the purpose of obtaining objective measurements of the 
        effectiveness of such programs in achieving the intended 
        purposes of such programs.''.

SEC. 243. REVIEW OF APPLICATIONS.

    Section 425 of the Act (20 U.S.C. 1231b-2) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Commissioner'' and inserting 
                ``Secretary'';
                    (B) by striking ``and in the case of the program 
                provided for in title I of the Elementary and Secondary 
                Education Act of 1965,'';
                    (C) in the third sentence, by inserting a comma 
                after ``the hearing''; and
                    (D) in the fourth sentence--
                            (i) by striking the comma after 
                        ``guidelines''; and
                            (ii) by inserting a comma after 
                        ``program'';
            (2) in subsection (b), by striking ``Commissioner'' each 
        place such term appears and inserting ``Secretary''; and
            (3) in subsection (d)--
                    (A) by striking ``Commissioner'' each place such 
                term appears and inserting ``Secretary''; and
                    (B) by inserting before the period ``or issue such 
                other orders as the Secretary may deem appropriate to 
                achieve such compliance''.

SEC. 244. USE OF FUNDS WITHHELD.

    Section 428 of the Act (20 U.S.C. 1231e) is amended to read as 
follows:

                        ``use of funds withheld

    ``Sec. 428. (a) At any time that the Secretary makes an allotment 
or reallotment to any State under any applicable program, the Secretary 
shall reduce such allotment or reallotment by such amount as the 
Secretary determines such allotment or reallotment would have been 
reduced, had the data on which the allotment or reallotment is based 
excluded all data relating to local educational agencies of the State 
that, on the date of the Secretary's action, are ineligible to receive 
the Federal financial assistance involved because of failure to comply 
with title VI of the Civil Rights Act of 1964, title IX of the 
Education Amendments of 1972, section 504 of the Rehabilitation Act of 
1973, or the Age Discrimination Act of 1975.
    ``(b) The Secretary may use any funds withheld under subsection 
(a)--
            ``(1) to increase the allotments or reallotments of local 
        educational agencies within the State that are not described in 
        subsection (a), or the allotments or reallotment of all States, 
        in accordance with the Federal law governing the program; or
            ``(2) for grants to local educational agencies of that 
        State in accordance with section 405 of the Civil Rights Act of 
        1964, or for any other program administered by the Department 
        that is designed to enhance equity in education or redress 
        discrimination on the basis of race, color, national origin, 
        sex, age, or disability.''.

SEC. 245. APPLICATIONS.

    Subsection (a) of section 430 of the Act (20 U.S.C. 1231g) is 
amended by striking ``for three fiscal years'' and inserting ``for more 
than 1 fiscal year''.

SEC. 246. REGULATIONS.

    Section 431 of the Act (20 U.S.C. 1232) is amended to read as 
follows:

                             ``regulations

    ``Sec. 431. (a) For the purpose of this section, the term 
`regulation' means any generally applicable rule, regulation, 
guideline, interpretation, or other requirement that--
            ``(1) is prescribed by the Secretary or the Department; and
            ``(2) has legally binding effect in connection with, or 
        affecting, the provision of financial assistance under any 
        applicable program.
    ``(b) Regulations issued by the Secretary or the Department shall 
contain, immediately following each substantive provision of such 
regulations, citations to the particular section or sections of 
statutory law or other legal authority on which such provision is 
based.
    ``(c) All such regulations shall be uniformly applied and enforced 
throughout the 50 States.
    ``(d) The Secretary shall promulgate regulations in accordance with 
chapter 5 of title 5, United States Code, except that the exemption in 
section 553(a)(2) of such chapter for public property, loans, grants, 
and benefits shall apply only to regulations--
            ``(1) that govern a grant competition for the first year of 
        a new program; or
            ``(2) where the Secretary determines that the requirements 
        of this subsection will cause extreme hardship to the intended 
        beneficiaries of the program affected by such regulations.
    ``(e)(1) Following the enactment of any Act, or any part of any 
Act, affecting the administration of any applicable program, the 
Secretary shall submit to the Committee on Education and Labor of the 
House of Representatives and the Committee on Labor and Human Resources 
of the Senate a schedule in accordance with which the Secretary plans 
to promulgate final regulations that the Secretary determines are 
necessary to implement such Act or part of such Act. Subject to 
paragraph (2) of this subsection, such schedule shall provide that all 
such final regulations shall be promulgated within 480 days after the 
date of enactment of such Act or part of such Act.
    ``(2) If in developing such schedule the Secretary determines in an 
exceptional case, for good cause, that a final regulation cannot be 
promulgated within the period specified in paragraph (1), the Secretary 
shall include in such schedule the date by which such regulation will 
be promulgated and the reasons for such determination.
    ``(3) Except as provided in the following sentence, all such final 
regulations shall be promulgated in accordance with such schedule. If 
the Secretary, for good cause, later determines that the Secretary 
cannot comply with such schedule for reasons unforeseen at the time 
such schedule was submitted, the Secretary shall notify such committees 
of the reasons for such finding and submit a new schedule. All such 
final regulations shall be promulgated in accordance with such new 
schedule.
    ``(f) Concurrently with the publication of any final regulations, 
the Secretary shall transmit a copy of such final regulations to the 
Speaker of the House of Representatives and the President pro tempore 
of the Senate.''.

SEC. 247. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.

    Section 437 of the Act (20 U.S.C. 1232f) is amended--
            (1) in subsection (a)--
                    (A) by striking ``grant, subgrant, contract, 
                subcontract, loan, or other arrangement (other than 
                procurement contracts awarded by an administrative head 
                of an educational agency)'' and inserting ``grant, 
                subgrant, cooperative agreement, loan or other 
                arrangement'';
                    (B) by inserting ``financial or programmatic'' 
                before ``audit.''; and
                    (C) by striking the last sentence; and
            (2) in subsection (b), by striking ``to any records of a 
        recipient which may be related, or pertinent to, the grants, 
        subgrants, contracts, subcontracts, loans, or other 
        arrangements'' and inserting ``to any records maintained by a 
        recipient that may be related, or pertinent to, grants, 
        subgrants, cooperative agreements, loans, or other 
        arrangements''.

SEC. 247A. PRIVACY RIGHTS.

    Section 438 of the Act (20 U.S.C. 1232g) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (B) and 
                        (C) as subparagraphs (C) and (D), respectively; 
                        and
                            (ii) by inserting after subparagraph (A) 
                        the following new subparagraph:
                    ``(B) No funds under any applicable program shall 
                be made available to any State educational agency 
                (whether or not that agency is an educational agency or 
                institution under this section) that has a policy of 
                denying, or effectively prevents, the parents of 
                students the right to inspect and review the education 
                records maintained by the State educational agency on 
                their children who are or have been in attendance at 
                any school of an educational agency or institution that 
                is subject to the provisions of this section.'';
                            (iii) in clause (iii) of subparagraph (C) 
                        (as redesignated by clause (i)), by striking 
                        ``(C)'' and inserting ``(D)''; and
                            (iv) in subparagraph (D) (as redesignated 
                        by clause (i)), by striking ``(B)'' and 
                        inserting ``(C)''; and
                    (B) in paragraph (2), by striking ``or other 
                rights'' and inserting ``rights'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting ``, 
                        including the educational interests of the 
                        child for whom consent would otherwise be 
                        required'' before the semicolon;
                            (ii) in subparagraph (H), by striking 
                        ``and'' after the semicolon;
                            (iii) in subparagraph (I), by striking the 
                        period and inserting ``; and''; and
                            (iv) by adding at the end the following new 
                        subparagraph:
                    ``(J)(i) the entity or persons designated in a 
                Federal grand jury subpoena, in which case the court 
                shall order, for good cause shown, the educational 
                agency or institution (and any officer, director, 
                employee, agent, or attorney for such agency or 
                institution) on which the subpoena is served, to not 
                disclose to any person the existence or contents of the 
                subpoena or any information furnished to the grand jury 
                in response to the subpoena; and
                    ``(ii) the entity or persons designated in any 
                other subpoena issued for a law enforcement purpose, in 
                which case the court or other issuing agency may order, 
                for good cause shown, the educational agency or 
                institution (and any officer, director, employee, 
                agent, or attorney for such agency or institution) on 
                which the subpoena is served, to not disclose to any 
                person the existence or contents of the subpoena or any 
                information furnished in response to the subpoena.'';
                    (B) in paragraph (2)--
                            (i) by redesignating subparagraphs (A) and 
                        (B) as clauses (i) and (ii), respectively;
                            (ii) in clause (ii) (as redesignated by 
                        clause (i)), by inserting ``except as provided 
                        in paragraph (1)(J),'' before ``such 
                        information''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
            ``(B) If a third party outside the educational agency or 
        institution permits access to information in violation of 
        subparagraph (A)(i), or fails to destroy information in 
        violation of paragraph (1)(F), the educational agency or 
        institution shall be prohibited from permitting access to 
        information from education records to that third party for a 
        period of at least 5 years.'';
            (3) in subsection (c), by striking ``The Secretary shall 
        adopt appropriate regulations to'' and inserting ``Not later 
        than 240 days after the date of enactment of the Improving 
        America's Schools Act of 1994, the Secretary shall adopt 
        appropriate regulations, or identify existing regulations, 
        which'';
            (4) in subsection (e), by inserting ``effectively'' before 
        ``informs''; and
            (5) by adding at the end the following new subsection:
    ``(h) Nothing in this section shall prohibit an educational agency 
or institution from--
            ``(1) including appropriate information in the education 
        record of any student whose presence at school is determined by 
        school officials to pose a significant risk to the safety or 
        well-being of that student, other students, or other members of 
        the school community; or
            ``(2) disclosing such information to teachers and school 
        officials, including teachers and school officials in other 
        schools, who have legitimate educational interests in the 
        behavior of the student.''.

SEC. 248. TECHNICAL AMENDMENTS.

    (a) Heading for Part C.--The heading for part C of the Act (20 
U.S.C. 1230 et seq.) is amended by striking ``Commissioner of 
Education'' and inserting ``Secretary''.
    (b) Section 427.--Section 427 of the Act (20 U.S.C. 1231d) is 
amended--
            (1) by striking ``Commissioner'' and inserting 
        ``Secretary''; and
            (2) in the second sentence of the matter preceding 
        paragraph (1), by inserting ``is made'' after ``such 
        determination''.
    (c) Section 430.--Section 430 of the Act (20 U.S.C. 1231g) is 
amended by striking ``Commissioner'' each place such term appears and 
inserting ``Secretary''.
    (d) Section 433.--Section 433 of the Act (20 U.S.C. 1232b) is 
amended by striking ``Except for emergency relief under section 7 of 
the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), 
all laborers'' and inserting ``All laborers''.
    (e) Section 434.--
            (1) Amendment to heading.--The heading for section 434 of 
        the Act (20 U.S.C. 1232c) is amended by striking 
        ``Educational''.
            (2) Amendment to text.--Section 434 of the Act (20 U.S.C. 
        1232c) is amended--
                    (A) by striking ``Commissioner'' each place such 
                term appears and inserting ``Secretary'';
                    (B) by redesignating the matter following paragraph 
                (3) of subsection (b) as subsection (c); and
                    (C) in subsection (c) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (3)'' and 
                inserting ``subsection (b)(3)''.
    (f) Section 435.--Section 435 of the Act (20 U.S.C. 1232d) is 
amended--
            (1) by striking ``Commissioner'' each place such term 
        appears and inserting ``Secretary''; and
            (2) in subsection (a)--
                    (A) by striking the comma after ``submits a plan'';
                    (B) by striking ``, in the case of programs under 
                chapter 1 and chapter 2 of title I of the Elementary 
                and Secondary Education Act of 1965,''; and
                    (C) by striking ``title V of such Act'' and 
                inserting ``part A of title V of the Elementary and 
                Secondary Education Act of 1965'' before ``title V''.
    (g) Section 436.--Section 436 of the Act (20 U.S.C. 1232e) is 
amended--
            (1) in subsection (a), by striking ``that local education 
        agency'' and inserting ``that local educational agency''; and
            (2) in subsection (b)--
                    (A) in paragraph (2), by inserting a comma after 
                ``program'';
                    (B) in paragraph (4), by striking ``Commissioner'' 
                each place such term appears and inserting 
                ``Secretary''; and
                    (C) in paragraph (7)(B), by striking ``handicapped 
                individuals'' and inserting ``individuals with 
                disabilities''.
    (h) Section 438.--Section 438 of the Act (20 U.S.C. 1232g) is 
amended--
            (1) in subsection (a)(4)(B)(ii), by striking the period and 
        inserting a semicolon;
            (2) in subsection (b)--
                    (A) in paragraph (1)(C), by striking ``(iii) an 
                administrative head of an education agency (as defined 
                in section 408(c)), or (iv)'' and inserting ``or 
                (iii)'';
                    (B) in paragraph (1)(H), by striking ``1954'' and 
                inserting ``1986''; and
                    (C) in paragraph (3)--
                            (i) by striking ``(C) an administrative 
                        head of an education agency or (D)'' and 
                        inserting ``or (C)''; and
                            (ii) by striking ``education program'' and 
                        inserting ``education programs'';
            (3) in subsection (d), by inserting a comma after 
        ``education'';
            (4) in subsection (f)--
                    (A) by striking ``, or an administrative head of an 
                education agency,'';
                    (B) by striking ``enforce provisions of this 
                section'' and inserting ``enforce this section'';
                    (C) by striking ``according to the provisions of'' 
                and inserting ``in accordance with''; and
                    (D) by striking ``comply with the provisions of 
                this section'' and inserting ``comply with this 
                section''; and
            (5) in subsection (g)--
                    (A) by striking ``of Health, Education, and 
                Welfare''; and
                    (B) by striking ``the provisions of''.

SEC. 249. REPEALS.

    Sections 421 (20 U.S.C. 1230), 423 (20 U.S.C. 1231b), 424 (20 
U.S.C. 1231b-1), 426 (20 U.S.C. 1231c), 426A (20 U.S.C. 1231c-1), and 
429 (20 U.S.C. 1231f) of the Act are repealed.

SEC. 250. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM 
              BENEFICIARIES.

    Subpart 1 of part C of the Act (20 U.S.C. 1231 et seq.) is further 
amended by inserting after section 425 the following new section:

    ``equity for students, teachers, and other program beneficiaries

    ``Sec. 426. (a) The purpose of this section is to assist the 
Department in implementing its mission to ensure equal access to 
education and to promote educational excellence throughout the Nation, 
by ensuring equal opportunities to participate for all eligible 
students, teachers and other program beneficiaries in any project or 
activity carried out under an applicable program and promoting the 
ability of such students, teachers and beneficiaries to meet high 
standards.
    ``(b) The Secretary shall require each applicant for assistance 
under an applicable program (other than an individual) to develop and 
describe in such applicant's application the steps such applicant 
proposes to take to ensure equitable access to, and equitable 
participation in, the project or activity to be conducted with such 
assistance, by addressing the special needs of students, teachers, and 
other program beneficiaries in order to overcome barriers to equitable 
participation, including barriers based on gender, race, color, 
national origin, disability, and age.
    ``(c) The Secretary may establish criteria and provide technical 
assistance for meeting the requirements of this section.
    ``(d) Nothing in this section shall be construed to alter in any 
way the rights or responsibilities established under the statutes cited 
in section 400(d) of this Act.''.

                      PART E--ADVISORY COMMITTEES

SEC. 251. REPEAL.

    Part D of the Act (20 U.S.C. 1233 et seq.) is repealed.

                PART F--RELATED AMENDMENTS TO OTHER ACTS

SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION ACT.

    (a) Office of Private Education.--Title II of the Department of 
Education Organization Act (20 U.S.C. 3411 et seq.) is amended by 
adding at the end the following new section:

                     ``office of private education

    ``Sec. 216. Subject to section 413, there shall be in the 
Department an Office of Private Education to ensure the maximum 
participation of nonpublic school students in all applicable programs, 
as such term is defined in section 400(c)(1) of the General Education 
Provisions Act, for which such children are eligible.''.
    (b) Rules; Acquisition and Maintenance of Property.--Part B of 
title IV of the Department of Education Organization Act (20 U.S.C. 
3471 et seq.) is amended--
            (1) in section 414--
                    (A) by striking ``(a)''; and
                    (B) by striking subsection (b);
            (2) in section 421, by inserting ``and to accept donations 
        of services'' after ``personal,''; and
            (3) by repealing section 427.

                     PART G--CONFORMING AMENDMENTS

SEC. 271. THE REHABILITATION ACT OF 1973.

    (a) Section 9.--Section 9 of the Rehabilitation Act of 1973 (29 
U.S.C. 706) is repealed.
    (b) Section 100.--Section 100 of the Rehabilitation Act of 1973 (29 
U.S.C. 720) is amended by striking subsection (d).

                  TITLE III--AMENDMENTS TO OTHER ACTS

 PART A--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.

    (a) Maximum Amount.--Subsection (a) of section 611 of the 
Individuals with Disabilities Education Act (hereafter in this part 
referred to as the ``Act'') (20 U.S.C. 1141(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Except as provided in paragraph (5), the maximum 
        amount of the grant for which a State is entitled under this 
        section for any fiscal year is--
                    ``(A) the sum of--
                            ``(i) the number of children with 
                        disabilities in the State, aged 6 through 21, 
                        who are receiving special education and related 
                        services, as determined under paragraph (3); 
                        and
                            ``(ii) if the State is eligible for a grant 
                        under section 619, the number of such children 
                        in the State, aged 3 through 5; multiplied by
                    ``(B) 40 percent of the average per-pupil 
                expenditure in public elementary and secondary schools 
                in the United States.'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) For the purpose of this section, the term `State' 
        means each of the 50 States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.''; and
            (3) in paragraph (5)(A)--
                    (A) in clause (i), by striking ``and the State'' 
                and inserting ``, or the combined percentage of such 
                children counted by the Secretary for the purpose of 
                making fiscal year 1994 allocations under this section 
                and under subpart 2 of part D of chapter 1 of title I 
                of the Elementary and Secondary Education Act of 1965 
                (as such subpart was in existence on the day preceding 
                the date of enactment of the Improving America's 
                Schools Act of 1994), whichever is greater, if the 
                State'';
                    (B) in clause (ii)--
                            (i) by striking ``and the State'' and 
                        inserting ``, or the combined percentage of 
                        such children counted by the Secretary for the 
                        purpose of making fiscal year 1994 allocations 
                        under this section and under subpart 2 of part 
                        D of chapter 1 of title I of the Elementary and 
                        Secondary Education Act of 1965 (as such 
                        subpart was in existence on the day preceding 
                        the date of enactment of the Improving 
                        America's Schools Act of 1994), whichever is 
                        greater, if the State''; and
                            (ii) by striking ``; and'' and inserting a 
                        period; and
                    (C) by striking clause (iii).
    (b) State Uses.--Subsection (b) of section 611 of the Act (20 
U.S.C. 1141(b)) is amended to read as follows:
    ``(b)(1) Notwithstanding subsections (a) and (g), no State shall 
receive an amount under this section for any of the fiscal years 1995 
through 1999 that is less than the sum of the amount such State 
received for fiscal year 1994 under--
            ``(A) this section; and
            ``(B) subpart 2 of part D of chapter 1 of title I of the 
        Elementary and Secondary Education Act of 1965 (as such subpart 
        was in existence on the day preceding the date of enactment of 
        the Improving America's Schools Act of 1994) for children with 
        disabilities aged 3 through 21.
    ``(2) If, for fiscal year 1998 or 1999, the number of children 
determined under subsection (a)(3) for any State is less than the total 
number of children with disabilities, aged 3 through 21, counted for 
that State's fiscal year 1994 grants under this section and under 
subpart 2 of part D of chapter 1 of title I of the Elementary and 
Secondary Education Act of 1965 (as such subpart was in existence on 
the day preceding the date of enactment of the Improving America's 
Schools Act of 1994), then the amount determined under paragraph (1) 
for that State shall be reduced by the same percentage by which the 
number of those children so declined.
    ``(3)(A) If the sums made available under this part for any fiscal 
year are insufficient to pay the full amounts that all States are 
eligible to receive under paragraphs (1) and (2) for such year, the 
Secretary shall ratably reduce the allocations to such States for such 
year.
    ``(B) If additional funds become available for making payments 
under paragraphs (1) and (2) for such fiscal year, allocations that 
were reduced under subparagraph (A) shall be increased on the same 
basis as such allocations were reduced.''.
    (c) Distribution.--Subsection (c) of section 611 of the Act (20 
U.S.C. 1141(c)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Of the funds received under subsection (a) by any 
        State for any fiscal year--
                    ``(A) a State may use not more than 25 percent of 
                such funds in accordance with paragraph (2); and
                    ``(B) except as provided in paragraph (4), the 
                State shall distribute at least 75 percent of such 
                funds to local educational agencies and intermediate 
                educational units, in accordance with subsection (d), 
                for use in accordance with priorities established under 
                section 612(3).''; and
            (2) in paragraph (2), by amending subparagraph (A) to read 
        as follows:
                    ``(A) From the funds that any State may use under 
                paragraph (1)(A) for any fiscal year, the State--
                            ``(i) may use 5 percent of the funds 
                        received under this section or $450,000, 
                        whichever is greater, for administrative costs 
                        related to carrying out sections 612 and 613; 
                        and
                            ``(ii) shall use the remainder--
                                    ``(I) to provide support services 
                                and direct services, subject to 
                                subparagraph (B), in accordance with 
                                priorities established under section 
                                612(3); and
                                    ``(II) for the administrative costs 
                                of monitoring and complaint 
                                investigation, but only to the extent 
                                that such costs exceed the costs of 
                                administration incurred during fiscal 
                                year 1985.''.
    (d) Formula.--Subsection (d) of section 611 of the Act (20 U.S.C. 
1141(d)) is amended to read as follows:
    ``(d)(1) From the total amount of funds available for any fiscal 
year under subsection (c)(1)(B), the State shall provide to each local 
educational agency or intermediate educational unit an amount that 
bears the same ratio to such total amount as the number of children, 
aged 3 through 21, determined under subsection (a)(3) for such agency 
or unit bears to the total number of such children determined for all 
such agencies and units that apply for such funds.
    ``(2)(A) To the extent necessary, the State--
            ``(i) shall use funds available under subsection 
        (c)(2)(A)(ii) to ensure that each State agency that received 
        funds for fiscal year 1994 under subpart 2 of part D of chapter 
        1 of title I of the Elementary and Secondary Education Act of 
        1965 (as such subpart was in existence on the day preceding the 
        date of enactment of the Improving America's Schools Act of 
        1994) receives, from the sum of such funds and funds provided 
        under paragraph (1), an amount equal to--
                    ``(I) the number of children, aged 6 through 21, 
                determined under subsection (a)(3) for such agency; 
                multiplied by
                    ``(II) the per-child amount provided under such 
                subpart for fiscal year 1994; and
            ``(ii) shall use such funds, for fiscal years 1995 and 
        1996, and may use such funds for fiscal years 1997, 1998 and 
        1999, to ensure that each local educational agency that 
        received funds for fiscal year 1994 under such subpart for 
        children who had transferred from a State-operated or State-
        supported school or program assisted under such subpart 
        receives, from the sum of such funds and funds provided under 
        paragraph (1), an amount for each such child, aged 3 through 
        21, determined under subsection (a)(3) for such agency, equal 
        to the per-child amount the agency received under such subpart 
        for fiscal year 1994.
    ``(B) For the purpose of subparagraph (A), the number of children 
determined under subsection (a)(3) for any State agency or local 
educational agency shall not exceed the number of children aged 3 
through 21 for whom such agency received funds under such subpart for 
such fiscal year.''.
    (e) Jurisdictions.--Paragraph (1) of section 611(e) of the Act (20 
U.S.C. 1141(e)(1)) is amended to read as follows:
            ``(1) The jurisdictions to which this subsection applies 
        are Guam, American Samoa, the Virgin Islands, the Commonwealth 
        of the Northern Mariana Islands, and Palau.''.
    (f) Insufficient Appropriations.--Subsection (g) of section 611 of 
the Act (20 U.S.C. 1141(g)) is amended to read as follows:
    ``(g)(1)(A) If the sums appropriated under subsection (h) for any 
fiscal year are not sufficient to pay in full the total of the amounts 
that all States are eligible to receive under subsection (a), each such 
amount shall be ratably reduced.
    ``(B) If additional funds become available for making such payments 
for any fiscal year, such reduced amounts shall be increased on the 
same basis as such payments were reduced.
    ``(C) Any State that receives any such additional funds shall 
distribute such funds in accordance with this section, except that any 
State that has used funds available under subsection (c)(2)(A)(ii) for 
the purposes described in subsection (d)(2) may--
            ``(i) deduct, from the amount that the State would 
        otherwise be required to make available to local educational 
        agencies and intermediate educational units, the same amount of 
        such additional funds as the State so used; and
            ``(ii) use such funds in accordance with subsection 
        (c)(2)(A)(ii).
    ``(2)(A) In any fiscal year for which payments have been reduced 
and additional funds have not been made available under paragraph (1) 
to pay in full the amounts for which all States are eligible under this 
section, each State educational agency shall fix dates by which each 
local educational agency or intermediate educational unit shall report 
to the State agency the amount of funds available to such agency under 
this section that such agency estimates such agency will expend.
    ``(B) The State educational agency shall, in accordance with this 
section, reallocate any funds that the State educational agency 
determines will not be used during the period of availability by local 
educational agencies and intermediate educational units, and by any 
such agency or unit to which such funds would be available if such 
agency or unit applied for such funds under this part, to those local 
educational agencies and intermediate educational units that the State 
educational agency determines will need, and be able to use, additional 
funds to carry out approved programs.''.

SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.

    Part B of the Act (20 U.S.C. 1141 et seq.) is further amended by 
inserting after section 614 the following new section:

                ``treatment of chapter 1 state agencies

    ``Sec. 614A. (a) For the purpose of making payments under sections 
611 and 619 of this Act, any State agency that received funds for 
fiscal year 1994 under subpart 2 of part D of chapter 1 of title I of 
the Elementary and Secondary Education Act of 1965 (as such subpart was 
in existence on the day preceding the date of enactment of the 
Improving America's Schools Act of 1994) shall be treated as if the 
State agency were a local educational agency.
    ``(b) Any State agency which desires to receive payments under 
section 611(d) and section 619(c)(3) for any fiscal year shall submit 
an application to the State educational agency. Such application 
shall--
            ``(1) include an assurance that all children with 
        disabilities who are participating in programs and projects 
        funded under this part receive a free appropriate public 
        education, and that such children and their parents are 
        provided all the rights and procedural safeguards described in 
        this part; and
            ``(2) meet those requirements of section 614 that the 
        Secretary finds appropriate.
    ``(c) Section 611(c)(4) shall not apply with respect to a State 
agency that is eligible for a payment under this part by application of 
this section.''.

SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.

    (a) Amendment.--Subsection (c) of section 684 of the Act (20 U.S.C. 
1484) is amended--
            (1) by redesignating paragraph (2) as paragraph (6);
            (2) by amending paragraph (1) to read as follows:
            ``(1) Except as provided in paragraphs (3), (4), and (5) 
        from the funds remaining for each fiscal year after the 
        reservation and payments under subsections (a) and (b), the 
        Secretary shall first allot to each State an amount that bears 
        the same ratio to the amount of such remainder as the number of 
        infants and toddlers in the State bears to the number of 
        infants and toddlers in all States.''; and
            (3) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) For fiscal year 1995 only, the Secretary shall allot 
        $34,000,000 of the remaining funds described in paragraph (1) 
        among the States in proportion to their relative numbers of 
        infants and toddlers with disabilities who--
                    ``(A) are counted on December 1, 1994; and
                    ``(B) would have been eligible to be counted under 
                section 1221(c)(1) of the Elementary and Secondary 
                Education Act of 1965 (as such section was in effect on 
                the day preceding the date of the enactment of the 
                Improving America's Schools Act of 1994).
            ``(3) Except as provided in paragraphs (4) and (5), no 
        State shall receive an amount under this section for any fiscal 
        year that is less than the greater of--
                    ``(A) one-half of one percent of the remaining 
                amount described in paragraph (1), excluding any 
                amounts allotted under paragraph (2); or
                    ``(B) $500,000.
            ``(4)(A) Except as provided in paragraph (5), no State 
        shall receive an amount under this section for any of the 
        fiscal years 1995 through 1999 that is less than the sum of the 
        amount such State received for fiscal year 1994 under--
                    ``(i) this part; and
                    ``(ii) subpart 2 of part D of chapter 1 of title I 
                of the Elementary and Secondary Education Act of 1965 
                (as such subpart was in existence on the day preceding 
                the date of enactment of the Improving America's 
                Schools Act of 1994) for children with disabilities 
                from birth through age 2.
            ``(B) If, for fiscal year 1998 or 1999, the number of 
        infants and toddlers in any State, as determined under 
        paragraph (1), is less than the number of infants and toddlers 
        so determined for fiscal year 1994, the amount determined under 
        subparagraph (A) for that State shall be reduced by the same 
        percentage by which the number of those infants and toddlers so 
        declined.
            ``(5)(A) If the sums made available under this part for any 
        fiscal year are insufficient to pay the full amounts that all 
        States are eligible to receive under this subsection for such 
        year, the Secretary shall ratably reduce the allocations to 
        such States for such year.
            ``(B) If additional funds become available for making 
        payments under this subsection for such fiscal year, 
        allocations that were reduced under subparagraph (A) shall be 
        increased on the same basis as such allocations were 
        reduced.''.
    (b) Effective Date.--Subsection (a) and the amendments made by 
subsection (a) shall take effect on October 1, 1994.

SEC. 314. FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH DISABILITIES.

    (a) Short Title.--This section may be cited as the ``Support for 
Families of Children With Disabilities Act of 1994''.
    (b) Family Support for Families of Children With Disabilities.--
    The Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
seq.) is amended by adding at the end the following new part:

                        ``PART I--FAMILY SUPPORT

``SEC. 701. SHORT TITLE.

    ``This part may be cited as the `Families of Children With 
Disabilities Support Act of 1994'.

``SEC. 702. FINDINGS, PURPOSES, AND POLICY.

    ``(a) Findings.--The Congress makes the following findings:
            ``(1) It is in the best interest of our Nation to preserve, 
        strengthen, and maintain the family.
            ``(2) Families are the greatest natural resource available 
        to their children and are the major providers of support, care, 
        and training of their children.
            ``(3) Families of children with disabilities enrich the 
        lives of all citizens through the contributions of such 
        families to the economic, health, and social fabric of their 
        community, State, and Nation.
            ``(4) A growing number of families are searching for ways 
        to empower themselves to raise their children with disabilities 
        at home and in their communities. Supporting such families to 
        enable them to care for their children with disabilities at 
        home is efficient and can be cost-effective.
            ``(5) Children, including children with disabilities, 
        benefit from enduring family relationships in a nurturing home 
        environment.
            ``(6) Many families experience exceptionally high financial 
        outlays and significant physical and emotional challenges in 
        meeting the special needs of their children with disabilities.
            ``(7) There are financial disincentives for families to 
        care for their children with disabilities at home.
            ``(8) Most families of children with disabilities do not 
        have access to family-centered and family-directed services to 
        support such families in their efforts to care for their 
        children with disabilities at home.
            ``(9) There is a need in each State for a comprehensive, 
        coordinated, interagency system of family support for families 
        of children with disabilities that is family-centered and 
        family-directed, is easily accessible, avoids duplication, uses 
        existing resources more efficiently, and prevents gaps in 
        services to families in all areas of the State.
            ``(10) The goals of the Nation properly include the goal of 
        providing families of children with disabilities the family 
        support necessary to accomplish the following:
                    ``(A) To support the family.
                    ``(B) To enable families of children with 
                disabilities to nurture and enjoy their children at 
                home.
                    ``(C) To enable families of children with 
                disabilities to make informed choices and decisions 
                regarding the nature of services, supports, and 
                resources made available to such families.
    ``(b) Purposes.--The purposes of this part are as follows:
            ``(1) To provide financial assistance to the States to 
        support systems change /activities designed to assist each 
        State to develop and implement, or expand and enhance, a 
        family-centered and family-directed, culturally competent, 
        community-centered, comprehensive, statewide system of family 
        support for families of children with disabilities that is 
        designed to--
                    ``(A) ensure the full participation, choice and 
                control of families of children with disabilities in 
                decisions related to the provision of such family 
                support for their family;
                    ``(B) ensure the active involvement of families of 
                children with disabilities in the planning, 
                development, implementation, and evaluation of such a 
                statewide system;
                    ``(C) increase the availability of, funding for, 
                access to, and provision of family support for families 
                of children with disabilities;
                    ``(D) promote training activities that are family-
                centered and family-directed and that enhance the 
                ability of family members of children with disabilities 
                to increase participation, choice, and control in the 
                provision of family support for families of children 
                with disabilities;
                    ``(E) increase and promote interagency coordination 
                among State agencies, and between State agencies and 
                private entities that are involved in carrying out 
                activities under section 708; and
                    ``(F) increase the awareness of laws, regulations, 
                policies, practices, procedures, and organizational 
                structures, which facilitate or impede the availability 
                or provision of family support for families of children 
                with disabilities.
            ``(2) To enhance the ability of the Federal Government to--
                    ``(A) identify Federal policies that facilitate or 
                impede family support for families of children with 
                disabilities, and that are consistent with the 
                principles in subsection (c);
                    ``(B) provide States with technical assistance and 
                information relating to the provision of family support 
                for families of children with disabilities;
                    ``(C) conduct an evaluation of the program of 
                grants to States; and
                    ``(D) provide funding for model demonstration and 
                innovation projects.
    ``(c) Policy.--It is the policy of the United States that all 
programs, projects, and activities receiving assistance under this part 
shall be family-centered and family-directed and shall be carried out 
in a manner consistent with the following principles:
            ``(1) Family support for families of children with 
        disabilities must focus on the needs of the entire family.
            ``(2) Families of children with disabilities should be 
        supported in determining their needs and in making decisions 
        concerning necessary, desirable, and appropriate services.
            ``(3) Families should play decisionmaking roles in policies 
        and programs that affect the lives of such families.
            ``(4) Family needs change over time and family support for 
        families of children with disabilities must offer options that 
        are flexible and responsive to the unique needs and strengths 
        and cultural values of individual families.
            ``(5) Family support for families of children with 
        disabilities is proactive and not solely in response to a 
        crisis.
            ``(6) Families must be supported in their efforts to 
        promote the integration and inclusion of their children with 
        disabilities into all aspects of community life.
            ``(7) Family support for families of children with 
        disabilities should promote the use of existing social 
        networks, strengthen natural sources of support, and help build 
        connections to existing community resources and services.
            ``(8) Youth with disabilities should be involved in 
        decisionmaking about their own lives, consistent with the 
        unique strengths, resources, priorities, concerns, abilities, 
        and capabilities of each such youth.
            ``(9) Services and supports must be provided in a manner 
        that demonstrates respect for individual dignity, personal 
        responsibility, self-determination, personal preferences, and 
        cultural differences of families.
    ``(d) Rule of Construction.--Nothing in this part shall be 
construed to prevent families from choosing an out-of-home placement 
for their children with disabilities, including institutional placement 
for such children.

``SEC. 703. DEFINITIONS.

    ``For the purposes of this part, only the following definitions 
shall apply:
            ``(1) Child with a disability.--The term `child with a 
        disability' means an individual who from birth through 21 years 
        of age meets the definition of disability under paragraph (4).
            ``(2) Council.--The term `Council' means a State Policy 
        Council for Families of Children with Disabilities established 
        by a State under section 707.
            ``(3) Culturally competent.--The term `culturally 
        competent' means services, supports, or other assistance that 
        is conducted or provided in a manner that--
                    ``(A) is responsive to the beliefs, interpersonal 
                styles, attitudes, language, and behaviors of those 
                individuals receiving services; and
                    ``(B) has the greatest likelihood of ensuring 
                maximum participation of such individuals.
            ``(4) Disability.--The term `disability' means--
                    ``(A) in the case of an individual 6 years of age 
                or older, a significant physical or mental impairment 
                as defined pursuant to State policy to the extent that 
                such policy is established without regard to type of 
                disability; and
                    ``(B) in the case of infants and young children, 
                birth to age 5, inclusive, a substantial developmental 
                delay or specific congenital or acquired conditions 
                with a high probability of resulting in a disability if 
                services are not provided.
            ``(5) Existing council.--The term `existing Council' means 
        an entity or a committee of an entity that--
                    ``(A) is established by a State prior to the date 
                on which the State submits an application for funding 
                under this part;
                    ``(B) has authority to advise the State with 
                respect to family support for families of children with 
                disabilities; and
                    ``(C) may have the authority to carry out other 
                responsibilities and duties.
            ``(6) Family.--The term `family' means a group of 
        interdependent persons residing in the same household that 
        consists of a child with a disability and one or more of the 
        following:
                    ``(A) A mother, father, brother, sister or any 
                combination.
                    ``(B) Extended blood relatives, such as a 
                grandparent, aunt, or uncle.
                    ``(C) An adoptive parent.
                    ``(D) One or more persons to whom legal custody of 
                a child with a disability has been given by a court.
                    ``(E) A person providing short-term foster care 
                that includes a family reunification plan with the 
                biological family.
                    ``(F) A person providing long-term foster care for 
                a child with a disability.
        The term does not include employees who, acting in their paid 
        employment capacity, provide services to children with 
        disabilities in out-of-home settings such as hospitals, nursing 
        homes, personal care homes, board and care homes, group homes, 
        or other facilities.
            ``(7) Family-centered and family-directed.--The term 
        `family-centered and family-directed' means, with respect to a 
        service or program, that the service or program--
                    ``(A) facilitates the full participation, choice, 
                and control by families of children with disabilities 
                in--
                            ``(i) decisions relating to the supports 
                        that will meet the priorities of the family; 
                        and
                            ``(ii) the planning, development, 
                        implementation, and evaluation of the statewide 
                        system of family support for families of 
                        children with disabilities;
                    ``(B) responds to the needs of the entire family of 
                a child with a disability in a timely and appropriate 
                manner; and
                    ``(C) is easily accessible to and usable by 
                families of children with disabilities.
            ``(8) Family satisfaction.--The term `family satisfaction' 
        means the extent to which a service or support meets a need, 
        solves a problem, or adds value for a family, as determined by 
        the individual family.
            ``(9) Family support for families of children with 
        disabilities.--The term `family support for families of 
        children with disabilities'--
                    ``(A) means supports, resources, services, and 
                other assistance provided to families of children with 
                disabilities that are designed to--
                            ``(i) support families in the efforts of 
                        such families to raise their children with 
                        disabilities in the family home;
                            ``(ii) strengthen the role of the family as 
                        primary caregiver;
                            ``(iii) prevent inappropriate and unwanted 
                        out-of-the-home placement and maintain family 
                        unity; and
                            ``(iv) reunite families with children with 
                        disabilities who have been placed out of the 
                        home, whenever possible; and
                    ``(B) includes--
                            ``(i) service coordination that includes 
                        individualized planning and brokering for 
                        services with families in control of 
                        decisionmaking;
                            ``(ii) goods and services, which may 
                        include specialized diagnosis and evaluation, 
                        adaptive equipment, respite care (in and out of 
                        the home), personal assistance services, 
                        homemaker or chore services, behavioral 
                        supports, assistive technology services and 
                        devices, permanency or future planning, home 
                        and vehicle modifications and repairs, 
                        equipment and consumable supplies, 
                        transportation, specialized nutrition and 
                        clothing, counseling services and mental health 
                        services for family members, family education 
                        or training services, communication services, 
                        crisis intervention, day care and child care 
                        for a child with a disability, supports and 
                        services for integrated and inclusive community 
                        activities, parent or family member support 
                        groups, peer support, sitter service or 
                        companion service, and education aids; and
                            ``(iii) financial assistance, which may 
                        include discretionary cash subsidies, 
                        allowances, voucher or reimbursement systems, 
                        low-interest loans, or lines of credit.
            ``(10) Integration and inclusion.--The term `integration 
        and inclusion' with respect to children with disabilities and 
        their families means--
                    ``(A) the use of the same community resources that 
                are used by and available to other individuals and 
                families;
                    ``(B) the full and active participation in the same 
                community activities and utilization of the same 
                community resources as individuals without 
                disabilities, living, learning, working, and enjoying 
                life in regular contact with individuals without 
                disabilities; and
                    ``(C) having friendships and relationships with 
                individuals and families of their own choosing.
            ``(11) Lead entity.--The term `lead entity' means an office 
        or entity described in section 706.
            ``(12) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(13) Service coordination.--The term `service 
        coordination'--
                    ``(A) means those family-centered and family-
                directed activities that assist and enable families to 
                receive rights and procedural safeguards and to gain 
                access to social, medical, legal, educational, and 
                other supports and services; and
                    ``(B) includes--
                            ``(i) follow-along services that assure, 
                        through a continuing relationship between a 
                        family of a child with a disability and an 
                        individual or entity, that the changing needs 
                        of the child and family are recognized and 
                        appropriately met;
                            ``(ii) the coordination and monitoring of 
                        services provided to children with disabilities 
                        and their families;
                            ``(iii) the provision of information to 
                        children with disabilities and their families 
                        about the availability of services and 
                        assistance to such children and their families 
                        in obtaining appropriate services; and
                            ``(iv) the facilitation and organization of 
                        existing social networks, and natural sources 
                        of support, and community resources and 
                        services.
            ``(14) Statewide system of family support.--The term 
        `statewide system of family support for families of children 
        with disabilities' means a family-centered and family-directed, 
        culturally competent, community-centered, comprehensive, 
        statewide system of family support for families of children 
        with disabilities developed and implemented by a State under 
        this part that--
                    ``(A) addresses the needs of all families of 
                children with disabilities, including unserved and 
                underserved populations; and
                    ``(B) addresses such needs without regard to the 
                age, type of disability, race, ethnicity, or gender of 
                such children or the particular major life activity for 
                which such children need the assistance.
            ``(15) Systems change activities.--The term `systems change 
        activities' means efforts that result in laws, regulations, 
        policies, practices, or organizational structures--
                    ``(A) that are family-centered and family-directed;
                    ``(B) that facilitate and increase access to, 
                provision of, and funding for, family support services 
                for families of children with disabilities; and
                    ``(C) that otherwise accomplish the purposes of 
                this part.
            ``(16) Unserved and underserved populations.--The term 
        `unserved and underserved populations' includes populations 
        such as individuals from racial and ethnic minority 
        backgrounds, disadvantaged individuals, individuals with 
        limited-English proficiency, individuals from underserved 
        geographic areas (rural or urban), and specific groups of 
        individuals within the population of individuals with 
        disabilities, including individuals with disabilities 
        attributable to physical impairment, mental impairment, or a 
        combination of physical and mental impairments.

``SEC. 704. GRANTS TO STATES.

    ``(a) In General.--The Secretary shall make grants to States on a 
competitive basis, in accordance with the provisions of this part, to 
support systems change activities designed to assist States to develop 
and implement, or expand and enhance, a statewide system of family 
support for families of children with disabilities that accomplishes 
the purposes described in section 702.
    ``(b) Award Period and Grant Limitation.--No grant shall be awarded 
for a period greater than 3 years. A State shall be eligible for not 
more than one grant.
    ``(c) Amount of Grants.--
            ``(1) Grants to states.--From amounts appropriated under 
        section 716(a), the Secretary shall pay to each State that has 
        an application approved under section 705, for each year of the 
        grant period, an amount that is not less than $200,000 and not 
        more than $500,000.
            ``(2) Grants to territories.--From amounts appropriated 
        under section 716(a) for any fiscal year, the Secretary shall 
        pay to each territory that has an application approved under 
        section 705 not more than $100,000.
            ``(3) Calculation of amounts.--The Secretary shall 
        calculate a grant amount described in paragraph (1) or (2) on 
        the basis of the following:
                    ``(A) The amounts available for making grants under 
                this section.
                    ``(B) The child population of the State or 
                territory concerned.
            ``(4) Definitions.--As used in this subsection:
                    ``(A) State.--The term `State' means each of the 50 
                States of the United States, the District of Columbia, 
                and the Commonwealth of Puerto Rico.
                    ``(B) Territory.--The term `territory' means the 
                United States Virgin Islands, Guam, American Samoa, the 
                Commonwealth of the Northern Mariana Islands, or the 
                Republic of Palau (upon the entry into force and effect 
                of the Compact of Free Association between the United 
                States and the Republic of Palau).
    ``(d) Priority for Previously Participating States.--Amounts 
appropriated for purposes of carrying out the provisions of this 
section in each of the 2 fiscal years succeeding the fiscal year in 
which amounts are first appropriated for such purposes shall first be 
made available to a State that--
            ``(1) received a grant under this section during the fiscal 
        year preceding the fiscal year concerned; and
            ``(2) is making significant progress in accordance with 
        section 710.
    ``(e) Priorities for Distribution.--To the extent practicable, the 
Secretary shall award grants to States under this section in a manner 
that--
            ``(1) is geographically equitable; and
            ``(2) distributes the grants among States that have 
        differing levels of development of statewide systems of family 
        support for families of children with disabilities.

``SEC. 705. APPLICATION.

    ``A State that desires to receive a grant under this part shall 
submit an application to the Secretary that contains the following 
information and assurances:
            ``(1) Family-centered and family-directed approach.--An 
        assurance that the State will use funds made available under 
        this part to accomplish the purposes described in section 702 
        and the goals, objectives, and family-centered outcomes 
        described in section 709(b) by carrying out systems change 
        activities in partnership with families and in a manner that is 
        family-centered and family-directed.
            ``(2) Designation of the lead entity.--Information 
        identifying the lead entity, and evidence documenting the 
        abilities of such entity.
            ``(3) State policy council for families of children with 
        disabilities.--An assurance of the following:
                    ``(A) The State has established a Council that 
                meets the criteria set forth in section 707.
                    ``(B) The lead entity will seek and consider on a 
                regular and ongoing basis advice from the Council 
                regarding the development and implementation of the 
                strategic plan under section 709, and other policies 
                and procedures of general applicability pertaining to 
                the provision of family support for families of 
                children with disabilities in the State.
                    ``(C) The lead entity will include, in its annual 
                progress reports, a summary of advice provided by the 
                Council, including recommendations from the annual 
                report of the Council and the response of the lead 
                entity to such advice and recommendations.
                    ``(D) The lead entity will transmit to the Council 
                any other plans, reports, and other information 
                required under this part.
            ``(4) Family involvement.--A description of the following:
                    ``(A) The nature and extent of the involvement of 
                families of children with disabilities and individuals 
                with disabilities in the development of the 
                application.
                    ``(B) Strategies for actively involving families of 
                children with disabilities and individuals with 
                disabilities in the development, implementation, and 
                evaluation of the statewide system of family support 
                for families of children with disabilities.
                    ``(C) Strategies for actively involving families of 
                children with disabilities who use family support 
                services in decisions relating to such services.
            ``(5) Agency involvement.--A description of the nature and 
        extent of involvement of various State agencies or units within 
        State agencies in the preparation of the application and the 
        continuing role of each agency in the statewide system of 
        family support for families of children with disabilities.
            ``(6) State resources.--A description of the State 
        resources and other resources that are available to commit to 
        the statewide system of family support for families of children 
        with disabilities.
            ``(7) Unmet needs.--A description of unmet needs for family 
        support for families of children with disabilities within the 
        State.
            ``(8) Preliminary plan.--A preliminary plan that contains 
        information on the program to be carried out under the grant 
        with respect to the goals and objectives of the State for the 
        program and the activities that the State plans to carry out 
        under the program (including the process for appointing 
        individuals to the Council) and that is consistent with the 
        purposes of this part.
            ``(9) Activities.--An assurance that, except for the first 
        year of the grant, the State shall expend not less than 65 
        percent of the funds made available to a State under this part 
        for grants and contracts to conduct the activities described in 
        section 708.
            ``(10) Limit on administrative costs.--An assurance that 
        the lead entity that receives funding under this part in any 
        fiscal year shall use not more than 5 percent of such funds in 
        such year for administrative expenses. Such administrative 
        expenses shall not include expenses related to the activities 
        of the Council.
            ``(11) Strategic plan.--A description of the measures that 
        will be taken by the State to develop a strategic plan in 
        accordance with section 709.
            ``(12) Evaluation.--An assurance that the State will 
        conduct an annual evaluation of the statewide system of family 
        support for families of children with disabilities in 
        accordance with section 710.
            ``(13) Coordination with state and local councils.--An 
        assurance that the lead entity will coordinate the activities 
        funded through a grant made under this part with the activities 
        carried out by other relevant councils within the State.
            ``(14) Supplement other funds.--An assurance, with respect 
        to amounts received under a grant, of the following:
                    ``(A) Such grant will be used to supplement and not 
                supplant amounts available from other sources that are 
                expended for programs of family support for families of 
                children with disabilities, including the provision of 
                family support.
                    ``(B) Such grant will not be used to pay a 
                financial obligation for family support for families of 
                children with disabilities that would have been paid 
                with amounts available from other sources if amounts 
                under such grant had not been available.
            ``(15) Other information and assurances.--Such other 
        information and assurances as the Secretary may reasonably 
        require.

``SEC. 706. DESIGNATION OF THE LEAD ENTITY.

    ``(a) Designation.--The Chief Executive Officer of a State that 
desires to receive a grant under section 704, shall designate the 
office or entity (referred to in this part as the ``lead entity '') 
responsible for--
            ``(1) submitting the application under section 705 on 
        behalf of the State;
            ``(2) administering and supervising the use of the amounts 
        made available under the grant;
            ``(3) coordinating efforts related to and supervising the 
        preparation of the application;
            ``(4) coordinating the planning, development, 
        implementation (or expansion and enhancement), and evaluation 
        of a statewide system of family support services for families 
        of children with disabilities among public agencies and between 
        public agencies and private agencies, including coordinating 
        efforts related to entering into interagency agreements; and
            ``(5) coordinating efforts related to the meaningful 
        participation by families in activities carried out under a 
        grant awarded under this part.
    ``(b) Qualifications.--In designating the lead entity, the Chief 
Executive Officer may designate--
            ``(1) an office of the Chief Executive Officer;
            ``(2) a commission appointed by the Chief Executive 
        Officer;
            ``(3) a public agency;
            ``(4) a council established under Federal or State law; or
            ``(5) another appropriate office, agency, or entity.
    ``(c) Capabilities of the Lead Entity.--The State shall provide, in 
accordance with the requirements of section 705, evidence that the lead 
entity has the capacity--
            ``(1) to promote a statewide system of family support for 
        families of children with disabilities throughout the State;
            ``(2) to promote and implement systems change activities;
            ``(3) to maximize access to public and private funds for 
        family support services for families of children with 
        disabilities;
            ``(4) to implement effective strategies for capacity 
        building, family and professional training, and access to and 
        funding for family support services for families of children 
        with disabilities across agencies;
            ``(5) to promote and facilitate the implementation of 
        family support services for families of children with 
        disabilities that are family-centered and family-directed, and 
        flexible, and that provide families with the greatest possible 
        decisionmaking authority and control regarding the nature and 
        use of services and supports;
            ``(6) to promote leadership by families in planning, policy 
        development, implementation, and evaluation of family support 
        services for families of children with disabilities, and 
        parent-professional partnerships; and
            ``(7) to promote and develop interagency coordination and 
        collaboration.

``SEC. 707. STATE POLICY COUNCIL FOR FAMILY SUPPORT FOR FAMILIES OF 
              CHILDREN WITH DISABILITIES.

    ``(a) Establishment.--A State that desires to receive financial 
assistance under this part shall, prior to the receipt of funds under 
this part, establish a State Policy Council for Families of Children 
with Disabilities.
    ``(b) Appointments.--
            ``(1) Members.--Members of the Council shall be appointed 
        by the Chief Executive Officer of the State or the appropriate 
        official within the State responsible for making appointments 
        in accordance with subsection (c). The appointing authority 
        shall select members after soliciting recommendations from the 
        State Developmental Disabilities Council, parent or family 
        organizations, and other organizations representing the full 
        range of disabilities covered under this part. The appointing 
        authority shall ensure that the membership of the Council 
        reasonably represents the population of the State and shall 
        establish guidelines for terms of Council members.
            ``(2) Chairperson.--The Council shall elect a member of the 
        Council to serve as the Chairperson of the Council. The 
        Chairperson shall be a family member, as described in 
        subsection (c)(1).
    ``(c) Composition.--The Council shall be composed of--
            ``(1) a majority of members who are--
                    ``(A) individuals who are family members of 
                children with disabilities, are eligible for family 
                support, and represent the diversity of families within 
                the State; and
                    ``(B) children with disabilities, from age 18 to 
                21, and are representative of the demographics of the 
                State;
            ``(2) members--
                    ``(A) who are from State agencies with significant 
                responsibility for the provision of, or payment for, 
                family support services to families of children with 
                disabilities, and who have sufficient authority to 
                engage in policy planning and implementation on behalf 
                of such agencies; and
                    ``(B) who are from the office of the Chief 
                Executive Officer of the State with responsibility with 
                respect to budget and finance; and
            ``(3) such additional members as the appointing authority 
        considers appropriate.
    ``(d) Functions.--The Council shall--
            ``(1) establish formal policies regarding the operation of 
        the Council;
            ``(2) advise and assist the lead entity in the performance 
        of responsibilities described in section 706(a), particularly 
        the promotion of interagency agreements and the promotion of 
        meaningful participation by families in all aspects of the 
        statewide system of family support for families of children 
        with disabilities;
            ``(3) advise and assist State agencies in the development 
        of policies and procedures relating to the provision of family 
        support for families of children with disabilities in the 
        State;
            ``(4) advise and assist the lead entity in the development 
        of all aspects of a strategic plan under section 709, 
        including--
                    ``(A) the mission, purpose, and principles of the 
                statewide system of family support for families of 
                children with disabilities;
                    ``(B) the statement of family-centered outcomes;
                    ``(C) the goals, objectives, and activities;
                    ``(D) the quality improvement or quality 
                enhancement system;
                    ``(E) the appeals process;
                    ``(F) the eligibility criteria to be used for all 
                programs, projects, and activities carried out under 
                this part;
                    ``(G) the analysis of the extent to which family 
                support for families of children with disabilities is 
                defined as a benefit and not as income; and
                    ``(H) the approach to the evaluation of the 
                statewide system of family support for families of 
                children with disabilities;
            ``(5) advise and assist the lead entity in the 
        implementation of systems change activities;
            ``(6) advise and assist the lead entity in assessing family 
        satisfaction with the statewide system of family support for 
        families of children with disabilities;
            ``(7) review, analyze, and comment on the strategic plan 
        and updates to the plan, progress reports, and annual budgets;
            ``(8) advise and assist the lead entity in the 
        identification of Federal and State barriers that impede the 
        development of a statewide system of family support for 
        families of children with disabilities; and
            ``(9) prepare and submit to the Chief Executive Officer of 
        the State, the State legislature, and to the Secretary an 
        annual report on the status of family support services for 
        families of children with disabilities, and make such report 
        available to the public.
    ``(e) Hearings and Forums.--The Council is authorized to hold such 
hearings and forums as the Council may determine to be necessary to 
carry out the duties of the Council.
    ``(f) Conflict of Interest.--No member of the Council shall cast a 
vote on any matter that would provide direct financial benefit to such 
member or otherwise give the appearance of a conflict of interest under 
applicable State law.
    ``(g) Compensation and Expenses.--The Council may, consistent with 
State law, use such resources to reimburse members of the Council for 
reasonable and necessary expenses of attending Council meetings and 
performing Council duties (including child care and personal assistance 
services), and to pay compensation to a member of the Council, if such 
member is not employed or must forfeit wages from other employment, for 
each day the member is engaged in performing Council duties.
    ``(h) Use of Existing Council.--
            ``(1) In general.--To the extent that a State has an 
        existing Council, the existing Council shall be considered in 
        compliance with this section if the existing Council meets the 
        requirements under paragraph (2).
            ``(2) Requirements.--An existing Council shall--
                    ``(A) include a majority of members who are family 
                members of children with disabilities and who are 
                children with disabilities (from age 18 to 21);
                    ``(B) in the case in which the existing Council 
                does not represent the full range of families and 
                individuals described in subsection (c)(1), adopt 
                strategies that will ensure the full participation of 
                such families and individuals in all activities carried 
                out by the Council; and
                    ``(C) carry out functions and authorities that are 
                comparable to the functions and authorities described 
                in subsections (d) through (g).
            ``(3) Documentation of compliance.--Any State that has an 
        existing Council shall include in a grant application submitted 
        under section 705 and in subsequent annual progress reports 
        submitted to the Secretary under section 710, a description of 
        the measures that are being taken or that are planned, to 
        ensure that the existing Council of the State complies with 
        this section.

``SEC. 708. AUTHORIZED ACTIVITIES.

    ``A State that receives a grant under section 704 may use the funds 
made available through the grant to carry out systems change 
activities, which accomplish the purposes described in section 702, 
such as the following activities:
            ``(1) Training and technical assistance.--The State may 
        support training and technical assistance activities for family 
        members, service providers, community members, professionals, 
        members of the Council, students and others that will do the 
        following:
                    ``(A) Increase family participation, choice, and 
                control in the provision of family support for families 
                of children with disabilities.
                    ``(B) Promote partnerships with families of 
                children with disabilities at all levels of the service 
                system.
                    ``(C) Develop or strengthen family-centered and 
                family-directed approaches to services, including 
                service coordination services, service planning 
                services, and respite care services.
                    ``(D) Assist families of children with disabilities 
                in accessing natural and community supports and in 
                obtaining benefits and services.
            ``(2) Interagency coordination.--The State may support 
        activities that conduct the following:
                    ``(A) Identification and coordination of Federal 
                and State policies, resources, and services, relating 
                to the provision of family support services for 
                families of children with disabilities, including 
                entering into interagency agreements.
                    ``(B) Interagency work groups to enhance public 
                funding options and coordinate access to funding for 
                family support services for families of children with 
                disabilities, with special attention to the issues of 
                family involvement in the identification, planning, 
                use, delivery, and evaluation of such services.
                    ``(C) Documentation and dissemination of 
                information about interagency activities that promote 
                coordination with respect to family support services 
                for families of children with disabilities, including 
                evidence of increased participation of State and local 
                health, maternal and child health, social service, 
                mental health, mental retardation and developmental 
                disabilities, child protection, education, early 
                intervention, developmental disabilities councils, 
                agencies, and departments.
            ``(3) Local or regional councils.--The State may support 
        the development or enhancement of local or regional councils to 
        review the status of family support for families of children 
        with disabilities in the local or regional area, to advise and 
        assist with the planning, development, implementation, and 
        evaluation of family support for families of children with 
        disabilities in such local or regional area, and to provide 
        recommendations to the State regarding improvements and plans.
            ``(4) Outreach.--The State may conduct outreach activities 
        to locate families who are eligible for family support for 
        families of children with disabilities and to identify groups 
        who are unserved or underserved. Such activities may involve 
        the creation or maintenance of, support of, or provision of, 
        assistance to statewide and community parent organizations, and 
        organizations that provide family support to families of 
        children with disabilities.
            ``(5) Policy studies.--The State may support policy studies 
        that relate to the development and implementation, or expansion 
        and enhancement, of a statewide system of family support for 
        families of children with disabilities. Such studies may 
        address issues regarding eligibility and access to services.
            ``(6) Hearings and forums.--The State may conduct hearings 
        and forums to solicit input from families of children with 
        disabilities regarding family support programs, policies, and 
        plans for such families. Such hearings and forums may be 
        conducted in collaboration with other statewide councils.
            ``(7) Public awareness and education.--The State may 
        develop and disseminate information relating to family support 
        for families of children with disabilities designed to provide 
        information to such families, parent groups and organizations, 
        public and private agencies that are in contact with children 
        with disabilities and families of such children, students, 
        policymakers, and the public. Such information may relate to 
        the nature, cost, and availability of, and accessibility to, 
        family support for families of children with disabilities, the 
        impact of family support for families of children with 
        disabilities on other benefits, and the efficacy of family 
        support for families of children with disabilities with respect 
        to enhancing the quality of family life.
            ``(8) Needs assessment.--The State may conduct a needs 
        assessment, which may, in part, be based on existing State 
        data.
            ``(9) Program data.--The State may support the compilation 
        and evaluation of appropriate data related to the statewide 
        system of family support for families of children with 
        disabilities.
            ``(10) Pilot demonstration projects.--The State may support 
        pilot demonstration projects to demonstrate new approaches to 
        the provision of family support for families of children with 
        disabilities. Such projects may include the demonstration of 
        family-centered and family-directed service coordination, 
        approaches to improve access to services, including independent 
        service coordination, peer support networks, and voucher 
        programs.
            ``(11) Other activities.--The State may support other 
        systems change activities that accomplish the purposes 
        described in section 702.

``SEC. 709. STRATEGIC PLAN.

    ``(a) In General.--Not later than 6 months after the date on which 
assistance is received by a State under this part, the lead entity of 
the State, in conjunction with the Council, shall prepare and submit to 
the Secretary a strategic plan designed to achieve the purposes and 
policy of this part.
    ``(b) Contents.--The strategic plan shall include--
            ``(1) a statement of the mission, purpose, and principles 
        of the statewide system of family support for families of 
        children with disabilities in the State;
            ``(2) a statement of family-centered outcomes to be 
        achieved by the statewide system of family support for families 
        of children with disabilities;
            ``(3) specific goals and objectives for developing and 
        implementing, or expanding and improving, the system for 
        providing family support services for families of children with 
        disabilities, and for achieving the family-centered outcomes;
            ``(4) systemic approaches for accomplishing the objectives 
        and achieving the family-centered outcomes, including 
        interagency coordination and cooperation, that builds upon 
        state-of-the-art practices and research findings;
            ``(5) a description of the specific programs, projects, and 
        activities funded under this part and the manner in which the 
        programs, projects, and activities accomplish the objectives 
        and achieve the family-centered outcomes;
            ``(6) a description of an ongoing quality improvement or 
        quality enhancement system, which utilizes information from 
        ongoing measurements of the extent to which family-centered 
        outcomes are achieved, to improve the system;
            ``(7) a description of an appeals process that will be used 
        in resolving any disputes families of children with 
        disabilities may have regarding the determination of 
        eligibility or the provision of family support services to the 
        family or to the child with a disability;
            ``(8) a description of the eligibility criteria to be used 
        to carry out programs, projects, and activities under this part 
        that includes all eligible families;
            ``(9) an analysis of the extent to which family support for 
        a family of a child with a disability is defined as a benefit 
        and not as income; and
            ``(10) a description of the plan to conduct an annual 
        evaluation of the statewide system of family support for 
        families of children with disabilities, in conjunction with the 
        Council, to improve such statewide system and to document 
        progress as required by section 710.
    ``(c) Period and Updates.--The strategic plan shall cover the 
period of the grant and shall be reviewed and updated on an annual 
basis to reflect actual experience and family satisfaction information 
over the preceding year and input from the Council, families of 
children with disabilities, and other interested parties.
    ``(d) Recommendations.--Prior to developing the strategic plan, the 
State shall solicit input and recommendations from interested members 
of the public, either by holding public hearings or through an 
alternative method or methods determined by the lead entity in 
consultation with the Council. The lead entity shall also obtain the 
comments and recommendations of the Council. The lead entity, in 
conjunction with the Council, shall consider the recommendations and 
attempt to reach a consensus with respect to such recommendations. If 
the lead entity and the Council are unable to reach a consensus, the 
lead entity shall include a written explanation of the reason a 
consensus was not reached in the strategic plan.
    ``(e) Comment.--The State shall develop a procedure for ensuring 
ongoing comment from the Council.
    ``(f) Dissemination.--The State shall widely disseminate the 
strategic plan to families of children with disabilities, parent 
organizations, and other interested persons.
    ``(g) Construction.--Nothing in this section shall be construed to 
prevent a State from using an existing statewide strategic plan or 
parts thereof to meet the requirements of this section as long as such 
plan or the applicable parts thereof are comparable to the 
specifications of this section.

``SEC. 710. PROGRESS CRITERIA AND REPORTS.

    ``(a) Guidelines.--The Secretary shall develop guidelines to be 
used in assessing the extent to which a State that received a grant 
under section 704 is making significant progress in developing and 
implementing, or expanding and enhancing, a statewide system of family 
support for families of children with disabilities consistent with the 
purposes of this part.
    ``(b) Progress Reports.--A State that receives a grant under 
section 704 shall submit annually to the Secretary a report that 
documents progress in developing and implementing, or expanding and 
enhancing, a statewide system of family support for families of 
children with disabilities consistent with this part. Such report shall 
include--
            ``(1) the results of the annual evaluation of the statewide 
        system of family support for families of children with 
        disabilities;
            ``(2) a description of the unanticipated problems with the 
        achievement of the goals, objectives, and family-centered 
        outcomes described in the application or strategic plan and the 
        measures the State has taken to rectify such problems;
            ``(3) for the annual progress report concerning the first 
        year of the grant period, the strategic plan developed by the 
        State during the first year; and
            ``(4) for the annual progress report concerning subsequent 
        years of the grant period, the updated strategic plan.

``SEC. 711. ADMINISTRATIVE PROVISIONS.

    ``(a) Evaluation of Grant Applications.--
            ``(1) Panels.--The Secretary shall convene panels of 
        experts who are competent, by virtue of their training or 
        experience, to evaluate grant applications under this part.
            ``(2) Composition of panels.--Panels shall be composed of a 
        majority of family members of children with disabilities and 
        individuals with disabilities, and may include service 
        providers, State administrative personnel, and professionals. 
        Panels shall include a majority of individuals who are not 
        Federal employees.
            ``(3) Expenses and fees of the panel.--A member of the 
        Panel who is not a Federal employee shall receive travel, per 
        diem and consultant fees not to exceed the rate provided to 
        other consultants used by the Secretary. The Secretary may use 
        funds available under section 716 to pay expenses and fees of a 
        member of a Panel who is not a Federal employee.
    ``(b) Provision of Information.--To assist the Secretary in 
carrying out the responsibilities of the Secretary under this section, 
the Secretary may require States to provide relevant information, 
including recommendations and relevant reports of the Council.
    ``(c) Appeals.--The Secretary shall establish appeals procedures 
for States that are found in noncompliance with the provisions of this 
part as the result of failure to supply information required under 
section 705 or 710. The Secretary shall take into consideration the 
comments of the Council.
    ``(d) Effect on Other Assistance.--This part may not be construed 
as authorizing a Federal or State agency to reduce medical or other 
assistance available, or to alter eligibility, under any Federal law.
    ``(e) Unobligated Funds.--Any amount paid to a State for a fiscal 
year and remaining unobligated at the end of such year shall remain 
available to such State for the next fiscal year for the purposes for 
which such amount was paid.

``SEC. 712. TECHNICAL ASSISTANCE.

    ``(a) In General.--The Secretary shall make grants, or enter into 
contracts or cooperative agreements, with appropriate public or private 
agencies and organizations, including institutions of higher education, 
with documented experience, expertise, and capacity, for the purpose of 
providing technical assistance and information with respect to the 
development and implementation, or expansion and enhancement, of a 
statewide system of family support for families of children with 
disabilities.
    ``(b) Purpose.--With respect to States receiving assistance under 
this part, the technical assistance and information described under 
subsection (a) shall be provided to the State agency designated as the 
lead entity, the Council, family members of children with disabilities, 
organizations, service providers, and policymakers involved with 
children with disabilities and their families. Such technical 
assistance shall also be available to States that do not receive 
assistance under this part. Such technical assistance and information 
shall--
            ``(1) facilitate effective systems change activities;
            ``(2) promote effective approaches to the development and 
        implementation, or expansion and enhancement of, the statewide 
        systems of family support for families of children with 
        disabilities that increase access to, funding for, and 
        awareness of family support for families of children with 
        disabilities;
            ``(3) promote partnerships with families at all levels of 
        the service system;
            ``(4) foster awareness and understanding of Federal, State, 
        and local laws, regulations, policies, practices, procedures, 
        and organizational structures, that facilitate, and overcome 
        barriers to, funding for, and access to family support for 
        families of children with disabilities;
            ``(5) foster the development and replication of effective 
        approaches to strategic plan development, interagency 
        coordination, training, outreach to underserved groups, and 
        public awareness activities;
            ``(6) facilitate service delivery capacity, training, and 
        the improvement of data collection and evaluation systems;
            ``(7) promote effective approaches to the development of 
        family-centered and family-directed services, including 
        approaches to the development and measurement of family-
        centered outcomes described in section 709(b)(2), and the 
        assessment of family satisfaction; and
            ``(8) coordinate and facilitate an annual meeting of the 
        chairpersons of the Councils.
    ``(c) Request for Technical Assistance.--A request for technical 
assistance by a lead entity in a State receiving assistance under this 
part shall be made in conjunction with the Council.
    ``(d) Reports to the Secretary.--An entity providing the technical 
assistance under this section shall submit periodic reports to the 
Secretary regarding Federal policies and procedures identified within 
the States that facilitate or impede the delivery of family support to 
families of children with disabilities. The report shall include 
recommendations to the Secretary regarding the delivery of services, 
coordination with other programs, and integration of the policies and 
principles described in section 702 in other Federal legislation.

``SEC. 713. EVALUATION.

    ``(a) In General.--The Secretary shall make grants, or enter into 
contracts or cooperative agreements, with appropriate public or private 
agencies and organizations, including institutions of higher education, 
with documented experience, expertise, and capacity for the purpose of 
conducting a national evaluation of the program of grants to States 
authorized by this part.
    ``(b) Purpose.--The purpose of an evaluation under subsection (a) 
shall be to assess the status and effects of State efforts to develop 
and implement, or expand and enhance, statewide systems of family 
support for families of children with disabilities in a manner 
consistent with the provisions of this part, particularly in terms of 
the impact of such efforts on families of children with disabilities, 
and to recommend amendments to this part that are necessary to assist 
States to fully accomplish the purposes of this part. The Secretary or 
recipient of assistance under this section shall work with the States 
to consider and develop an information system designed to report and 
compile, from information provided by the States, including the 
Council, a qualitative and quantitative description of the impact of 
the program of grants to States authorized by this part on--
            ``(1) families of children with disabilities, including 
        families from ethnic and racial minority backgrounds;
            ``(2) access to and funding for family support for families 
        of children with disabilities; and
            ``(3) the involvement of families at all levels of the 
        service system.
    ``(c) Report to Congress.--Not later than 2\1/2\ years after the 
date of enactment of this part, the Secretary shall prepare and submit 
to the appropriate committees of Congress a report concerning the 
results of the evaluation conducted under this section.
    ``(d) Conflict of Interest.--The Secretary shall assure that a 
recipient of a grant, contract, or cooperative agreement under this 
section is independent from, and free from, any financial or personal 
relationships with the recipient of a grant, contract, or cooperative 
agreement selected to provide technical assistance under section 712.

``SEC. 714. PROJECTS OF NATIONAL SIGNIFICANCE.

    ``(a) Study by the Secretary.--The Secretary shall review Federal 
programs to determine the extent to which such programs facilitate or 
impede access to, provision of, and funding for family support for 
families of children with disabilities, consistent with the policies 
described in section 702.
    ``(b) Demonstration and Innovation Projects.--The Secretary shall 
make grants or enter into contracts for projects of national 
significance to support the development of national and State policies 
and practices related to the development and implementation, or 
expansion and enhancement, of family-centered and family-directed 
systems of family support for families of children with disabilities.

``SEC. 715. CONSTRUCTION.

    ``Notwithstanding any other provision of this title, nothing in 
parts A through H of this title shall be construed to apply to this 
part.

``SEC. 716. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this part, $10,000,000 for fiscal year 1995, and such sums as may 
be necessary for each of the fiscal years 1996 and 1997.
    ``(b) Reservation.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall reserve for each fiscal year 10 percent, or 
        $600,000 (whichever is greater), of the amount appropriated 
        pursuant to the authority of subsection (a) to carry out--
                    ``(A) section 712, with respect to the provision of 
                technical assistance and information to States;
                    ``(B) section 713, with respect to the conduct of 
                the evaluations;
                    ``(C) section 711(a), with respect to the 
                evaluation of grant applications; and
                    ``(D) section 714, with respect to the conduct of 
                projects of national significance.
            ``(2) Special rule.--The Secretary shall only use funds 
        reserved under paragraph (1) for a fiscal year to carry out 
        section 714 for such year if the amount of funds reserved under 
        such paragraph for such fiscal year is $700,000 or greater.''.

 PART B--AMENDMENTS TO THE STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT

SEC. 321. STATE LITERACY INITIATIVES.

    Section 702 of the Stewart B. McKinney Homeless Assistance Act 
(hereafter in this part referred to as ``the Act'') (42 U.S.C. 11421) 
is amended to read as follows:

                      ``state literacy initiatives

    ``Sec. 702. (a) General Authority.--
            ``(1) Grants.--The Secretary of Education is authorized to 
        make grants to State educational agencies to enable each such 
        agency to implement, either directly or through contracts and 
        grants, a program of literacy training and academic remediation 
        for adult homeless individuals within the State, which program 
        shall--
                    ``(A) include outreach activities; and
                    ``(B) be coordinated with other agencies or 
                organizations, such as community-based organizations, 
                nonprofit literacy-action organizations, and recipients 
                of funds under the Adult Education Act, title II of the 
                Job Training Partnership Act, the Youth Fair Chance 
                program under part H of title IV of the Job Training 
                Partnership Act, the Volunteers in Service to America 
                program under part A of title I of the Domestic 
                Volunteer Service Act of 1973, part C of this title, or 
                the Job Opportunity and Basic Skills program under part 
                F of title IV of the Social Security Act.
            ``(2) Estimates and amounts.--The Secretary of Education, 
        in awarding grants under this section, shall give special 
        consideration to the estimates submitted in the application 
        submitted under subsection (b) and make such awards in whatever 
        amounts such Secretary determines will best serve the purposes 
        of this section.
    ``(b) Application.--Each State educational agency desiring to 
receive a grant under this section shall submit to the Secretary of 
Education an application at such time, in such manner, and containing 
such information as the Secretary may reasonably require. Each such 
application shall include an estimate of the number of homeless 
individuals in the State and the number of such individuals expected to 
be served.
    ``(c) Authorization of Appropriations.--For the purpose of carrying 
out the adult literacy and academic remediation programs authorized by 
this section, there are authorized to be appropriated such sums as may 
be necessary for each of the fiscal years 1995 through 1999.
    ``(d) Definition.--As used in this section, the term `State' means 
each of the 50 States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth 
of the Northern Mariana Islands, and Palau (until the effective date of 
the Compact of Free Association with the Government of Palau).''.

SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.

    Subtitle B of title VII of the Act (42 U.S.C. 11431 et seq.) is 
amended to read as follows:

        ``Subtitle B--Education for Homeless Children and Youth

                         ``statement of policy

    ``Sec. 721. It is the policy of the Congress that--
            ``(1) each State educational agency shall ensure that each 
        child of a homeless individual and each homeless youth has 
        equal access to the same free, appropriate public education, 
        including a public preschool education, as provided to other 
        children and youth;
            ``(2) in any State that has a compulsory residency 
        requirement as a component of the State's compulsory school 
        attendance laws or other laws, regulations, practices, or 
        policies that may act as a barrier to the enrollment, 
        attendance, or success in school of homeless children and 
        youth, the State will review and undertake steps to revise such 
        laws, regulations, practices, or policies to ensure that 
        homeless children and youth are afforded the same free, 
        appropriate public education as provided to other children and 
        youth;
            ``(3) homelessness alone should not be sufficient reason to 
        separate students from the mainstream school environment; and
            ``(4) homeless children and youth should have access to the 
        education and other services that such children and youth need 
        to ensure that such children and youth have an opportunity to 
        meet the same challenging State student performance standards 
        to which all students are held.

 ``grants for state and local activities for the education of homeless 
                           children and youth

    ``Sec. 722. (a) General Authority.--The Secretary is authorized to 
make grants to States in accordance with the provisions of this section 
to enable such States to carry out the activities described in 
subsections (d), (e), (f), and (g).
    ``(b) Application.--No State may receive a grant under this section 
unless the State educational agency submits an application to the 
Secretary at such time, in such manner, and containing or accompanied 
by such information as the Secretary may reasonably require.
    ``(c) Allocation and Reservations.--(1) Subject to paragraph (2) 
and section 724(c), from the amounts appropriated for each fiscal year 
under section 726, the Secretary is authorized to allot to each State 
an amount that bears the same ratio to the amount appropriated for such 
year under section 726 as the amount allocated under section 1122 of 
the Elementary and Secondary Education Act of 1965 to the State for 
that year bears to the total amount allocated under section 1122 to all 
States for that year, except that no State shall receive less than 
$100,000.
    ``(2)(A) The Secretary is authorized to reserve 0.1 percent of the 
amount appropriated for each fiscal year under section 726 to be 
allocated by the Secretary among the Virgin Islands, Guam, American 
Samoa, the Commonwealth of the Northern Mariana Islands, and Palau 
(until the effective date of the Compact of Free Association with the 
Government of Palau), according to their respective need for assistance 
under this subtitle, as determined by the Secretary.
    ``(B)(i) The Secretary is authorized to transfer one percent of the 
amount appropriated for each fiscal year under section 726 to the 
Department of the Interior for programs for Indian students served by 
schools funded by the Secretary of the Interior, as determined under 
the Indian Self-Determination and Education Assistance Act, that are 
consistent with the purposes of this Act.
    ``(ii) The Secretary and the Secretary of the Interior shall enter 
into an agreement, consistent with the requirements of this part, for 
the distribution and use of the funds described in clause (i) under 
terms that the Secretary determines best meet the purposes of the 
programs described in such clause. Such agreement shall set forth the 
plans of the Secretary of the Interior for the use of the amounts 
transferred, including appropriate goals, objectives and milestones.
    ``(3) As used in this subsection, the term `State' shall not 
include the Virgin Islands, Guam, American Samoa, the Commonwealth of 
the Northern Mariana Islands, or Palau.
    ``(d) Mandated Activities.--Grants under this section shall be 
used--
            ``(1) to carry out the policies set forth in section 721 in 
        the State;
            ``(2) to provide activities for, and services to, homeless 
        children, including preschool-aged children, and homeless youth 
        that enable such children and youth to enroll in, attend, and 
        succeed in school, or, if appropriate, in preschool programs;
            ``(3) to establish or designate an Office of Coordinator of 
        Education of Homeless Children and Youth in the State 
        educational agency in accordance with subsection (f);
            ``(4) to prepare and carry out the State plan described in 
        subsection (g); and
            ``(5) to develop and implement professional development 
        programs for school personnel to heighten their awareness of, 
        and capacity to respond to, specific problems in the education 
        of homeless children and youth.
    ``(e) State and Local Grants.--(1)(A) Subject to subparagraph (B), 
if the amount allotted to the State educational agency for any fiscal 
year under this subtitle exceeds the amount such agency received for 
fiscal year 1990 under this subtitle, such agency shall use such funds 
as exceed the amount such agency received for fiscal year 1990 under 
this subtitle to provide grants to local educational agencies in 
accordance with section 723.
    ``(B) The State educational agency may reserve not more than the 
greater of 5 percent of the amount such agency receives under this 
subtitle for any fiscal year, or the amount such agency received under 
this subtitle for fiscal year 1990, to conduct activities under 
subsection (f) directly or through grants or contracts.
    ``(2) If the amount allotted to a State educational agency for any 
fiscal year under this subtitle is less than the amount such agency 
received for fiscal year 1990 under this subtitle, such agency, at such 
agency's discretion, may provide grants to local educational agencies 
in accordance with section 723 or may conduct activities under 
subsection (f) directly or through grants or contracts.
    ``(f) Functions of the Office of Coordinator.--The Coordinator of 
Education of Homeless Children and Youth established in each State 
shall--
            ``(1) estimate the number of homeless children and youth in 
        the State and the number of such children and youth served with 
        assistance provided under the grants or contracts under this 
        subtitle;
            ``(2) gather, to the extent possible, reliable, valid, and 
        comprehensive information on the nature and extent of the 
        problems homeless children and youth have in gaining access to 
        public preschool programs and to public elementary and 
        secondary schools, the difficulties in identifying the special 
        needs of such children and youth, any progress made by the 
        State educational agency and local educational agencies in the 
        State in addressing such problems and difficulties, and the 
        success of the program under this subtitle in allowing homeless 
        children and youth to enroll in, attend, and succeed in, 
        school;
            ``(3) develop and carry out the State plan described in 
        subsection (g);
            ``(4) prepare and submit to the Secretary not later than 
        October 1, 1997, and on October 1 of every third year 
        thereafter, a report on the information gathered pursuant to 
        paragraphs (1) and (2) and such additional information as the 
        Secretary may require to carry out the Secretary's 
        responsibilities under this subtitle;
            ``(5) facilitate coordination between the State educational 
        agency, the State social services agency, and other agencies 
        providing services to homeless children and youth, including 
        homeless children and youth who are preschool age, and families 
        of such children and youth; and
            ``(6) develop relationships and coordinate with other 
        relevant education, child development, or preschool programs 
        and providers of services to homeless children, homeless 
        families, and runaway and homeless youth (including domestic 
        violence agencies, shelter operators, transitional housing 
        facilities, runaway and homeless youth centers, and 
        transitional living programs for homeless youth), to improve 
        the provision of comprehensive services to homeless children 
        and youth and their families.
    ``(g) State Plan.--(1) Each State shall submit to the Secretary a 
plan to provide for the education of homeless children and youth within 
the State, which plan shall describe how such children and youth are or 
will be given the opportunity to meet the same challenging State 
performance standards all students are expected to meet, shall describe 
the procedures the State educational agency will use to identify such 
children and youth in the State and to assess their special needs, and 
shall--
            ``(A) describe procedures for the prompt resolution of 
        disputes regarding the educational placement of homeless 
        children and youth;
            ``(B) describe programs for school personnel (including 
        principals, attendance officers, teachers and enrollment 
        personnel), to heighten the awareness of such personnel of the 
        specific needs of runaway and homeless youth;
            ``(C) describe procedures that ensure that homeless 
        children and youth who meet the relevant eligibility criteria 
        are able to participate in Federal, State, or local food 
        programs;
            ``(D) describe procedures that ensure that--
                    ``(i) homeless children have equal access to 
                preschool programs provided to other children; and
                    ``(ii) homeless children and youth who meet the 
                relevant eligibility criteria are able to participate 
                in Federal, State, or local before- and after-school 
                care programs;
            ``(E) address problems set forth in the report provided to 
        the Secretary under subsection (f)(4);
            ``(F) address other problems with respect to the education 
        of homeless children and youth, including problems caused by--
                    ``(i) transportation issues; and
                    ``(ii) enrollment delays that are caused by--
                            ``(I) immunization requirements;
                            ``(II) residency requirements;
                            ``(III) lack of birth certificates, school 
                        records, or other documentation; or
                            ``(IV) guardianship issues;
            ``(G) demonstrate that the State educational agency and 
        local educational agencies in the State have developed, and 
        will review and revise, policies to remove barriers to the 
        enrollment and retention of homeless children and youth in 
        schools in the State; and
            ``(H) contain an assurance that the State educational 
        agency and local educational agencies in the State will adopt 
        policies and practices to ensure that homeless children and 
        youth are not isolated or stigmatized.
    ``(2) Each plan adopted under this subsection shall also show how 
the State will ensure that local educational agencies in the State will 
comply with the requirements of paragraphs (3) through (9).
    ``(3)(A) The local educational agency of each homeless child and 
youth shall, according to the child's or youth's best interest, 
either--
            ``(i) continue the child's or youth's education in the 
        school of origin--
                    ``(I) for the remainder of the academic year; or
                    ``(II) in any case in which a family becomes 
                homeless between academic years, for the following 
                academic year; or
            ``(ii) enroll the child or youth in any school that 
        nonhomeless students who live in the attendance area in which 
        the child or youth is actually living are eligible to attend.
    ``(B) In determining the best interests of the child or youth under 
subparagraph (A), the local educational agency shall comply, to the 
extent feasible, with the request made by a parent or guardian 
regarding school selection.
    ``(C) For purposes of this paragraph, the term `school of origin' 
means the school that the child or youth attended when permanently 
housed, or the school in which the child or youth was last enrolled.
    ``(D) The choice regarding placement shall be made regardless of 
whether the child or youth lives with the homeless parents or has been 
temporarily placed elsewhere by the parents.
    ``(4) Each homeless child or youth shall be provided services 
comparable to services offered to other students in the school selected 
according to the provisions of paragraph (3), including--
            ``(A) transportation services, except as required by 
        paragraph (9);
            ``(B) educational services for which the child or youth 
        meets the eligibility criteria, such as services provided under 
        title I of the Elementary and Secondary Education Act of 1965 
        or similar State or local programs, educational programs for 
        children with disabilities, and educational programs for 
        students with limited-English proficiency;
            ``(C) programs in vocational education;
            ``(D) programs for gifted and talented students; and
            ``(E) school meals programs.
    ``(5) Any record ordinarily kept by the school, including 
immunization records, academic records, birth certificates, 
guardianship records, and evaluations for special services or programs, 
of each homeless child or youth shall be maintained--
            ``(A) so that the records are available, in a timely 
        fashion, when a child or youth enters a new school district; 
        and
            ``(B) in a manner consistent with section 438 of the 
        General Education Provisions Act.
    ``(6) Each local educational agency serving homeless children and 
youth that receives assistance under this subtitle shall coordinate 
with local social services agencies and other agencies or programs 
providing services to such children or youth and their families.
    ``(7)(A) Each local educational agency that receives assistance 
under this subtitle shall designate a homelessness liaison to ensure 
that--
            ``(i) homeless children and youth enroll and succeed in the 
        schools of that agency; and
            ``(ii) homeless families, children, and youth receive 
        educational services for which such children and youth are 
        eligible, including preschool programs, and referrals to health 
        care services, dental services, mental health services, and 
        other appropriate services.
    ``(B) State coordinators and local educational agencies shall 
inform school personnel, service providers, and advocates working with 
homeless families of the duties of the liaisons.
    ``(8) Each State educational agency and local educational agency 
shall review and revise any policies that may act as barriers to the 
enrollment of homeless children and youth in schools selected in 
accordance with paragraph (3). In reviewing and revising such policies, 
consideration shall be given to issues concerning transportation, 
immunization, residency, birth certificates, school records, and other 
documentation, and guardianship. Special attention shall be given to 
ensuring the enrollment and attendance of homeless children and youth 
who are not currently attending school.
    ``(9) Each plan adopted under this subsection shall--
            ``(A) demonstrate that transportation, to the extent 
        possible, will be provided at no cost to homeless children and 
        youth attending the school in which such children are enrolled; 
        and
            ``(B) contain procedures for resolving disputes between 
        local educational agencies or within a local educational agency 
        concerning transportation costs for such children and youth.
    ``(10) Where applicable, each State and local educational agency 
shall coordinate with State and local housing agencies responsible for 
developing the comprehensive housing affordability strategy described 
in section 105 of the Cranston-Gonzalez National Affordable Housing Act 
to minimize educational disruption for children who become homeless.

    ``local educational agency grants for the education of homeless 
                           children and youth

    ``Sec. 723. (a) General Authority.--(1) The State educational 
agency shall, in accordance with section 722(e) and from amounts made 
available to such agency under section 726, make grants to local 
educational agencies for the purpose of facilitating the enrollment, 
attendance, and success in school of homeless children and youth.
    ``(2) Unless otherwise specified, services under paragraph (1) may 
be provided through programs on school grounds or at other facilities. 
Where services are provided through programs on school grounds, such 
services may also be made available to children and youth who are 
determined by the local educational agency to be at risk of failing in, 
or dropping out of, schools, except that priority for such services 
shall be given to homeless children and youth. To the maximum extent 
practicable, services shall be provided through existing programs and 
mechanisms that integrate homeless individuals with nonhomeless 
individuals.
    ``(3) Services provided under this section shall be designed to 
expand upon or improve services provided as part of the school's 
regular academic program.
    ``(b) Application.--A local educational agency that desires to 
receive a grant under this section shall submit an application to the 
State educational agency at such time, in such manner, and containing 
or accompanied by such information as the State educational agency may 
reasonably require according to guidelines issued by the Secretary. 
Each such application shall include--
            ``(1) a description of the services and programs for which 
        assistance is sought and the problems to be addressed through 
        the provision of such services and programs;
            ``(2) an assurance that the local educational agency's 
        combined fiscal effort per student or the aggregate 
        expenditures of that agency and the State with respect to the 
        provision of free public education by that agency for the 
        preceding fiscal year was not less than 90 percent of such 
        combined fiscal effort or aggregate expenditures for the second 
        preceding fiscal year;
            ``(3) an assurance that the applicant complies with, or 
        will use requested funds to come into compliance with, 
        paragraphs (3) through (9) of section 722(g); and
            ``(4) a description of policies and procedures that the 
        agency will implement to ensure that activities carried out by 
        the agency will not isolate or stigmatize homeless children and 
        youth.
    ``(c) Awards.--(1) The State educational agency shall, in 
accordance with section 722(g) and from amounts made available to such 
agency under section 726, award grants under this section to local 
educational agencies submitting an application under subsection (b) on 
the basis of the need of such agencies.
    ``(2) In determining need under paragraph (1), the State 
educational agency may consider the number of homeless children and 
youth enrolled in preschool, elementary, and secondary schools within 
the area served by the agency, and shall consider the needs of such 
children and youth and the ability of the agency to meet such needs. 
Such agency may also consider--
            ``(A) the extent to which the proposed use of funds would 
        facilitate the enrollment, retention, and educational success 
        of homeless children and youth;
            ``(B) the extent to which the application reflects 
        coordination with other local and State agencies that serve 
        homeless children and youth, as well as the State plan required 
        by section 722(g);
            ``(C) the extent to which the applicant exhibits in the 
        application and in current practice a commitment to education 
        for all homeless children and youth; and
            ``(D) such other criteria as the agency determines 
        appropriate.
    ``(3) Grants awarded under this section shall be for terms not to 
exceed three years.
    ``(d) Authorized Activities.--(1) A local educational agency may 
use funds awarded under this section for activities to carry out the 
purpose of this subtitle, including--
            ``(A) the provision of tutoring, supplemental instruction, 
        and enriched educational services that are linked to the 
        achievement of the same challenging State content standards and 
        challenging State student performance standards the State 
        establishes for other children or youth;
            ``(B) the provision of expedited evaluations of the 
        strengths and needs of homeless children and youth, including 
        needs and eligibility for programs and services (such as 
        educational programs for gifted and talented students, children 
        with disabilities, and students with limited-English 
        proficiency, services provided under title I of the Elementary 
        and Secondary Education Act of 1965 or similar State or local 
        programs, programs in vocational education, and school meals 
        programs);
            ``(C) professional development and other activities for 
        educators and pupil services personnel that are designed to 
        heighten the understanding and sensitivity of such personnel to 
        the needs of homeless children and youth, the rights of such 
        children and youth under this Act, and the specific educational 
        needs of runaway and homeless youth;
            ``(D) the provision of referral services to homeless 
        children and youth for medical, dental, mental, and other 
        health services;
            ``(E) the provision of assistance to defray the excess cost 
        of transportation for students pursuant to sections 722(g)(4) 
        or 722(g)(9), not otherwise provided through Federal, State, or 
        local funding, where necessary to enable students to attend the 
        school selected under section 722(g)(3);
            ``(F) the provision of developmentally appropriate early 
        childhood education programs, not otherwise provided through 
        Federal, State, or local funding, for preschool-aged children;
            ``(G) the provision of before- and after-school and summer 
        enrichment programs for homeless children and youth in which a 
        teacher or other qualified individual provides tutoring, 
        homework assistance, and supervision of educational activities;
            ``(H) where necessary, the payment of fees and other costs 
        associated with tracking, obtaining, and transferring records 
        necessary to enroll homeless children and youth in school, 
        including birth certificates, immunization records, academic 
        records, guardianship records, and evaluations for special 
        programs or services;
            ``(I) the provision of education and training to the 
        parents of homeless children and youth about the rights of, and 
        resources available to, such children and youth;
            ``(J) the development of coordination between schools and 
        agencies providing services to homeless children and youth;
            ``(K) the provision of pupil services (including violence 
        prevention counseling) and referrals for such services;
            ``(L) activities to address the particular needs of 
        homeless children and youth that may arise from domestic 
        violence;
            ``(M) the adaptation of space and purchase of supplies for 
        nonschool facilities made available under subsection (a)(2) to 
        provide services under this subsection;
            ``(N) the provision of school supplies to be distributed at 
        shelters or temporary housing facilities, or other appropriate 
        locations; and
            ``(O) the provision of other extraordinary or emergency 
        assistance needed to enable homeless children and youth to 
        attend school.

                     ``secretarial responsibilities

    ``Sec. 724. (a) Review of Plans.--In reviewing the State plans 
submitted by the State educational agencies under section 722(g), the 
Secretary shall use a peer review process and shall evaluate whether 
State laws, policies, and practices described in such plans adequately 
address the problems of homeless children and youth relating to access 
to education and placement as described in such plans.
    ``(b) Technical Assistance.--The Secretary shall provide support 
and technical assistance to the State educational agencies to assist 
such agencies to carry out their responsibilities under this subtitle.
    ``(c) Evaluation and Dissemination.--The Secretary shall conduct 
evaluation and dissemination activities of programs designed to meet 
the educational needs of homeless elementary and secondary school 
students, and may use funds appropriated under section 726 to conduct 
such activities.
    ``(d) Reports.--The Secretary shall prepare and submit a report to 
Congress on the programs and activities authorized by this subtitle by 
December 31, 1997, and every third year thereafter.

                             ``definitions

    ``Sec. 725. For the purpose of this subtitle, the following terms 
have the following meanings:
            ``(1) The term `Secretary' means the Secretary of 
        Education.
            ``(2) The term `State' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

                   ``authorization of appropriations

    ``Sec. 726. For the purpose of carrying out this subtitle, there 
are authorized to be appropriated $30,000,000 for fiscal year 1995 and 
such sums as may be necessary for each of the 4 succeeding fiscal 
years.''.

                 PART C--REPEAL OF IMPACT AID STATUTES

SEC. 331. REPEAL OF IMPACT AID STATUTES.

    (a) Public Law 81-815.--The Act entitled ``An Act relating to the 
construction of school facilities in areas affected by Federal 
activities, and for other purposes'', approved September 23, 1950 (64 
Stat. 967; 20 U.S.C. 631 et seq.) is repealed.
    (b) Public Law 81-874.--The Act entitled ``An Act to provide 
assistance for local educational agencies in areas affected by Federal 
activities, and for other purposes'', approved September 30, 1950 (64 
Stat. 1100; 20 U.S.C. 236 et seq.) is repealed.

                           PART D--OTHER ACTS

SEC. 341. GOALS 2000: EDUCATE AMERICA ACT.

    (a) Repeals.--Sections 231, 232, 234, and 235 of the Goals 2000: 
Educate America Act are repealed.
    (b) Gift Authority.--
            (1) National education goals panel.--Section 204 of the 
        Goals 2000: Educate America Act is amended by adding at the end 
        the following new subsection:
    ``(f) Gifts.--The Goals Panel may accept, administer, and utilize 
gifts or donations of services, money, or property, whether real or 
personal, tangible or intangible.''.
            (2) National education standards and improvement council.--
        Section 215 of the Goals 2000: Educate America Act is amended 
        by adding at the end the following new subsection:
    ``(f) Gifts.--The Council may accept, administer, and utilize gifts 
or donations of services, money, or property, whether real or personal, 
tangible or intangible.''.
    (c) Local Agency Plan Approval.--Paragraph 4 of section 309(a) of 
the Goals 2000: Educate America Act is amended by inserting the words 
``made by the local educational agency'' after the word 
``modifications''.
    (d) Safe Schools.--Paragraph (2) of section 702(b) of the Safe 
Schools Act of 1994 (20 U.S.C. 5962(b)(2)) is amended by striking ``10 
percent'' and inserting ``5 percent''.
    (e) State Planning for Improving Student Achievement Through 
Integration of Technology into the Curriculum.--Subsection (b) of 
section 317 of the Goals 2000: Educate America Act (20 U.S.C. 5897(b)) 
is amended by adding at the end the following new paragraph:
            ``(3) Outlying areas.--(A) From the amount appropriated 
        pursuant to the authority of subsection (f) for fiscal year 
        1994, the Secretary shall reserve a total of 1 percent to 
        provide assistance under this section to the outlying areas.
            ``(B) The funds reserved under subparagraph (A) shall be 
        distributed among the outlying areas by the Secretary according 
        to the relative need of such areas for assistance under this 
        section.''.

SEC. 342. EDUCATION COUNCIL ACT OF 1991.

    Title II of the Education Council Act of 1991 (20 U.S.C. 1221-1 
note) is repealed.

SEC. 343. AUGUSTUS F. HAWKINS-ROBERT T. STAFFORD ELEMENTARY AND 
              SECONDARY SCHOOL IMPROVEMENT AMENDMENTS OF 1988.

    Title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary 
and Secondary School Improvement Amendments of 1988 (20 U.S.C. 4901 et 
seq.) is repealed.

SEC. 344. STAR SCHOOLS PROGRAM ASSISTANCE ACT.

    The Star Schools Program Assistance Act (20 U.S.C. 4081 et seq.) is 
repealed.

SEC. 345. FUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLS AND TEACHING 
              ACT.

    The Fund for the Improvement and Reform of Schools and Teaching Act 
(20 U.S.C. 4801) is repealed.

SEC. 346. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH 
              DISABILITIES ACT OF 1988.

    (a) In General.--Title II of the Technology-Related Assistance for 
Individuals With Disabilities Act of 1988 (29 U.S.C. 2231 et seq.) is 
amended by striking part E.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the Technology-Related Assistance for 
Individuals With Disabilities Act Amendments of 1994.

SEC. 347. OFFICE OF INDIAN EDUCATION.

    Title II of the Department of Education Organization Act (20 U.S.C. 
3411 et seq.) (as amended by section 271) is further amended by adding 
at the end the following new section:

                      ``office of indian education

    ``Sec. 217. (a) There shall be in the Department an Office of 
Indian Education (hereafter in this section referred to as the 
`Office').
    ``(b)(1) The Office shall be headed by a Director of Indian 
Education (hereafter in this section referred to as the `Director') who 
shall--
            ``(A) be appointed by the Secretary; and
            ``(B) report directly to the Assistant Secretary for 
        Elementary and Secondary Education.
    ``(2) The Director shall--
            ``(A) be responsible for administering title VI of the 
        Elementary and Secondary Education Act of 1965;
            ``(B) be involved in, and be primarily responsible for, the 
        development of all policies affecting Indian children and 
        adults under programs administered by the Office;
            ``(C) coordinate the development of policy and practice for 
        all programs in the Department relating to Indian persons; and
            ``(D) assist the Assistant Secretary of the Office of 
        Educational Research and Improvement in identifying research 
        priorities related to the education of Indian persons.
    ``(3) The Director shall be a career appointee in the Senior 
Executive Service, and shall be paid at a level determined by the 
Secretary.
    ``(c)(1) The Secretary shall give preference to Indian individuals 
with respect to all personnel actions of the Office.
    ``(2) Such preference shall be implemented in the same fashion as 
the preference given to any Indian under section 2609 of the Revised 
Statutes (25 U.S.C. 45).''.

SEC. 348. INDIAN EDUCATION ACT OF 1988.

    The Indian Education Act of 1988 (25 U.S.C. 2601 note) is repealed.

SEC. 349. HIGHER EDUCATION ACT OF 1965.

    (a) Short Title.--This section may be cited as the ``Equity in 
Athletics Disclosure Act''.
    (b) Findings.--The Congress finds that--
            (1) participation in athletic pursuits plays an important 
        role in teaching young Americans how to work on teams, handle 
        challenges and overcome obstacles;
            (2) participation in athletic pursuits plays an important 
        role in keeping the minds and bodies of young Americans healthy 
        and physically fit;
            (3) there is increasing concern among citizens, educators, 
        and public officials regarding the athletic opportunities for 
        young men and women at institutions of higher education;
            (4) a recent study by the National Collegiate Athletic 
        Association found that in Division I-A institutions, only 20 
        percent of the average athletic department operations budget of 
        $1,310,000 is spent on women's athletics; 15 percent of the 
        average recruiting budget of $318,402 is spent on recruiting 
        female athletes; the average scholarship expenses for men is 
        $1,300,000 and $505,246 for women; and an average of 143 grants 
        are awarded to male athletes and 59 to women athletes;
            (5) female college athletes receive less than 18 percent of 
        the athletics recruiting dollar and less than 24 percent of the 
        athletics operating dollar;
            (6) male college athletes receive approximately 
        $179,000,000 more per year in athletic scholarship grants than 
        female college athletes;
            (7) prospective students and prospective student athletes 
        should be aware of the commitments of an institution to 
        providing equitable athletic opportunities for its men and 
        women students; and
            (8) knowledge of an institution's expenditures for women's 
        and men's athletic programs would help prospective students and 
        prospective student athletes make informed judgments about the 
        commitments of a given institution of higher education to 
        providing equitable athletic benefits to its men and women 
        students.
    (c) Amendment.--Section 485 of the Higher Education Act of 1965 (20 
U.S.C. 1092) is amended by adding at the end the following new 
subsection:
    ``(g) Disclosure of Athletic Program Participation Rates and 
Financial Support Data.--
            ``(1) Data required.--Each institution of higher education 
        that participates in any program under this title, and has an 
        intercollegiate athletic program, shall annually submit a 
        report to the Secretary that contains the following 
        information:
                    ``(A) For each men's team, women's team, and any 
                team that includes both male and female athletes, the 
                following data:
                            ``(i) The total number of participants and 
                        their gender.
                            ``(ii) The total athletic scholarship 
                        expenditures.
                            ``(iii) A figure that represents the total 
                        athletic scholarship expenditures divided by 
                        the total number of participants.
                            ``(iv) The total number of contests for the 
                        team.
                            ``(v) The per capita operating expenses for 
                        the team.
                            ``(vi) The per capita recruiting expenses 
                        for the team.
                            ``(vii) The per capita personnel expenses 
                        for the team.
                            ``(viii) Whether the head coach is male or 
                        female and whether the head coach is full time 
                        or part time.
                            ``(ix) The number of assistant coaches that 
                        are male and the number of assistant coaches 
                        that are female and whether each particular 
                        coach is full time or part time.
                            ``(x) The number of graduate assistant 
                        coaches that are male and the number of 
                        graduate assistant coaches that are female.
                            ``(xi) The number of volunteer assistant 
                        coaches that are male and the number of 
                        volunteer assistant coaches that are female.
                            ``(xii) The ratio of participants to 
                        coaches.
                            ``(xiii) The average annual institutional 
                        compensation of the head coaches of men's 
                        sports teams, across all offered sports, and 
                        the average annual compensation of the head 
                        coaches of women's sports teams, across all 
                        offered sports.
                            ``(xiv) The average annual institutional 
                        compensation of each of the assistant coaches 
                        of men's sports teams, across all offered 
                        sports, and the average annual compensation of 
                        the assistant coaches of women's sports teams, 
                        across all offered sports.
                            ``(xv) The total annual revenues generated 
                        from attendance at athletic contests across all 
                        men's teams and women's teams.
                    ``(B) A statement of the following data:
                            ``(i) The ratio of male participants to 
                        female participants in the entire athletic 
                        program.
                            ``(ii) The ratio of male athletic 
                        scholarship expenses to female athletic 
                        scholarship expenses in the entire athletic 
                        program.
            ``(2) Disclosure to prospective students.--An institution 
        of higher education described in paragraph (1) that offers 
        admission to a potential student shall provide to such student, 
        upon request, the information contained in the report submitted 
        by such institution to the Secretary under paragraph (1), 
        except that all such students shall be informed of their right 
        to request such information.
            ``(3) Disclosure to the public.--An institution of higher 
        education described in paragraph (1) shall make available to 
        the public, upon request, the information contained in the 
        report submitted by such institution to the Secretary under 
        paragraph (1).
            ``(4) Secretary's duty to publish a report of the data.--On 
        or before July 1, 1995, and each July 1 thereafter, the 
        Secretary, using the reports submitted under this subsection, 
        shall compile, publish, and submit to the appropriate 
        committees of the Congress, a report that includes the 
        information contained in such reports identified by (A) the 
        individual institutions, and (B) by the athletic conferences 
        recognized by the National Collegiate Athletic Association and 
        the National Association of Intercollegiate Athletics.
            ``(5) Definition.--For the purposes of this subsection, the 
        term `operating expenses' means all nonscholarship 
        expenditures.''.
    (d) Effective Date.--The amendment made by subsection (c) shall 
take effect on July 1, 1994.

SEC. 350. RURAL COMMUNITY SERVICE.

    Title XI of the Higher Education Act of 1965 (20 U.S.C. 1136 et 
seq.) is amended by adding at the end the following new part:

                   ``PART C--RURAL COMMUNITY SERVICE

``SEC. 1171. FINDINGS; PURPOSE.

    ``(a) Findings.--The Congress finds that--
            ``(1) the Nation's rural centers are facing increasingly 
        pressing problems and needs in the areas of economic 
        development, community infrastructure and service, social 
        policy, public health, housing, crime, education, environmental 
        concerns, planning and work force preparation;
            ``(2) there are, in the Nation's rural institutions, people 
        with underutilized skills, knowledge, and experience who are 
        capable of providing a vast range of services toward the 
        amelioration of the problems described in paragraph (1);
            ``(3) the skills, knowledge, and experience in these rural 
        institutions, if applied in a systematic and sustained manner, 
        can make a significant contribution to the solution of such 
        problems; and
            ``(4) the application of such skills, knowledge, and 
        experience is hindered by the limited funds available to 
        redirect attention to solutions to such rural problems.
    ``(b) Purpose.--It is the purpose of this part to provide 
incentives to rural academic institutions to enable such institutions 
to work with private and civic organizations to devise and implement 
solutions to pressing and severe problems in their communities.

``SEC. 1172. PROGRAM.

    ``The Secretary is authorized to carry out a program of providing 
assistance to eligible institutions to enable such institutions to 
carry out the authorized activities described in section 1174 in 
accordance with the provisions of this part.

``SEC. 1173. APPLICATIONS FOR RURAL COMMUNITY SERVICE GRANTS.

    ``(a) Application.--
            ``(1) In general.--Each eligible institution desiring a 
        grant under this part shall submit to the Secretary an 
        application at such time, in such form, and containing or 
        accompanied by such information and assurances, as the 
        Secretary may require by regulation.
            ``(2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    ``(A) describe the activities and services for 
                which assistance is sought; and
                    ``(B) contain assurances that the eligible 
                institution will enter into a consortium to carry out 
                the provisions of this part that includes, in addition 
                to the eligible institution, one or more of the 
                following entities:
                            ``(i) A community college.
                            ``(ii) A rural local educational agency.
                            ``(iii) A local government.
                            ``(iv) A business or other employer.
                            ``(v) A nonprofit institution.
            ``(3) Waiver.--The Secretary may waive the consortium 
        requirements described in paragraph (2) for any applicant who 
        can demonstrate to the satisfaction of the Secretary that the 
        applicant has devised an integrated and coordinated plan which 
        meets the purpose of this part.
    ``(b) Selection Procedures.--The Secretary, by regulation, shall 
develop a formal procedure for the submission of applications under 
this part and shall publish in the Federal Register an announcement of 
that procedure and the availability of funds under this part.

``SEC. 1174. AUTHORIZED ACTIVITIES.

    ``Grant funds made available under this part shall be used to 
support planning, applied research, training, resource exchanges or 
technology transfers, the delivery of services, or other activities the 
purpose of which is to design and implement programs to assist rural 
communities to meet and address their pressing and severe problems, 
such as any of the following:
            ``(1) Work force preparation.
            ``(2) Rural poverty and the alleviation of such poverty.
            ``(3) Health care, including health care delivery and 
        access as well as health education, prevention and wellness.
            ``(4) Underperforming school systems and students.
            ``(5) Problems faced by the elderly and individuals with 
        disabilities in rural settings.
            ``(6) Problems faced by families and children.
            ``(7) Campus and community crime prevention, including 
        enhanced security and safety awareness measures as well as 
        coordinated programs addressing the root causes of crime.
            ``(8) Rural housing.
            ``(9) Rural infrastructure.
            ``(10) Economic development.
            ``(11) Rural farming and environmental concerns.
            ``(12) Other problem areas which participants in the 
        consortium described in section 1173(a)(2)(B) concur are of 
        high priority in rural areas.
            ``(13)(A) Problems faced by individuals with disabilities 
        and economically disadvantaged individuals regarding 
        accessibility to institutions of higher education and other 
        public and private community facilities.
            ``(B) Amelioration of existing attitudinal barriers that 
        prevent full inclusion of individuals with disabilities in 
        their community.

``SEC. 1175. PEER REVIEW.

    ``The Secretary shall designate a peer review panel to review 
applications submitted under this part and make recommendations for 
funding to the Secretary. In selecting the peer review panel, the 
Secretary may consult with other appropriate Cabinet-level Federal 
officials and with non-Federal organizations, to ensure that the panel 
will be geographically balanced and be composed of representatives from 
public and private institutions of higher education, labor, business, 
and State and local government, who have expertise in rural community 
service or in education.

``SEC. 1176. DISBURSEMENT OF FUNDS.

    ``(a) Multiyear Availability.--Subject to the availability of 
appropriations, grants under this part may be awarded on a multiyear 
basis, except that no institution, individually or as a participant in 
a consortium, may receive a grant under this part for more than 5 
years.
    ``(b) Equitable Geographic Distribution.--The Secretary shall award 
grants under this part in a manner that achieves an equitable 
geographic distribution of such grants.
    ``(c) Matching Requirement.--An applicant under this part and the 
local governments associated with its application shall contribute to 
the conduct of the program supported by the grant an amount from non-
Federal funds equal to at least one-fourth of the amount grant, which 
contribution may be in cash or in kind, fairly evaluated.
    ``(d) The Secretary shall, to the maximum extent possible, 
coordinate this program with the Corporation for National and Community 
Service.

``SEC. 1177. DESIGNATION OF RURAL GRANT INSTITUTIONS.

    ``The Secretary shall publish a list of eligible institutions and 
shall designate such institutions of higher education as `Rural Grant 
Institutions'. The Secretary shall establish a national network of 
Rural Grant Institutions so that the results of individual projects 
achieved in 1 rural area can be generalized, disseminated, replicated 
and applied throughout the Nation.

``SEC. 1178. DEFINITIONS.

    ``As used in this part:
            ``(1) Rural area.--The term `rural area' means any area 
        that--
                    ``(A) is outside an urban area, as such term is 
                defined by the Bureau of the Census; and
                    ``(B) contains a population of 75,000 or less.
            ``(2) Eligible institution.--The term `eligible 
        institution' means an institution of higher education, or a 
        consortium of such institutions any one of which meets all the 
        requirements of this paragraph, which--
                    ``(A) draws a substantial portion of its 
                undergraduate students from the rural area served by 
                such institution or consortium, or from contiguous 
                areas;
                    ``(B) carries out programs to make postsecondary 
                educational opportunities more accessible to residents 
                of such rural areas, or contiguous areas;
                    ``(C) has the present capacity to provide resources 
                responsive to the needs and priorities of such rural 
                areas and contiguous areas;
                    ``(D) offers a range of professional, technical, or 
                graduate programs sufficient to sustain the capacity of 
                such institution to provide such resources; and
                    ``(E) has demonstrated and sustained a sense of 
                responsibility to such rural area and contiguous areas 
                and the people of such areas.

``SEC. 1179. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.

    ``There are authorized to be appropriated $5,000,000 for fiscal 
year 1995 and such sums as may be necessary in each of the 4 succeeding 
fiscal years to carry out the provisions of this part.''.

SEC. 350A. REHABILITATION ACT.

    (a) Notwithstanding any other provision of the Rehabilitation Act 
of 1973, the amount otherwise payable to a State under section 111 of 
such Act shall be reduced--
            (1) for fiscal years 1987 and 1988, by the amount by which 
        expenditures from non-Federal sources under the State plan 
        under title I of such Act for such year are less than the total 
        of such expenditures for fiscal year 1972; and
            (2) for fiscal year 1989, the lesser of--
                    (A) the amount by which expenditures from non-
                Federal sources under the State plan under title I of 
                such Act for fiscal year 1989 are less than average of 
                the total of such expenditures for fiscal years 1986, 
                1987, and 1988; or
                    (B) the amount by which expenditures from non-
                Federal sources under the State plan under title I of 
                such Act for fiscal year 1988 are less than the average 
                of the total of such expenditures for fiscal years 
                1985, 1986, and 1987.
    (b) This section shall take effect on September 1, 1994.

SEC. 350B. HIGHER EDUCATION AMENDMENTS TO THE CARL D. PERKINS 
              VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION ACT.

    (a) Amendment.--The Carl D. Perkins Vocational and Applied 
Technology Education Act (20 U.S.C. 2301 et seq.) is amended--
            (1) in paragraph (2) of section 232(d)--
                    (A) by inserting ``, notwithstanding section 
                427(b)(2) of the Higher Education Amendments of 1992,'' 
                before ``has''; and
                    (B) by inserting ``as such section was in effect on 
                July 22, 1992'' before the semicolon; and
            (2) in subparagraph (B) of section 404(a)(4)--
                    (A) by inserting ``, notwithstanding section 
                427(b)(2) of the Higher Education Amendments of 1992,'' 
                before ``has''; and
                    (B) by inserting ``as such section was in effect on 
                July 22, 1992'' before the period.
    (b) Effective Date.--Subsection (a) and the amendments made by 
subsection (a) shall take effect on the date of enactment of this Act, 
except that a State that, prior to such date, distributed funds under 
section 232 of the Carl D. Perkins Vocational and Applied Technology 
Education Act from funds appropriated for fiscal year 1994 for such 
program to proprietary institutions of higher education, as such term 
is defined in section 481(b) of the Higher Education Act of 1965, may 
continue to distribute such funds to such institutions until July 1, 
1995.

SEC. 350C. TECHNICAL AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND 
              APPLIED TECHNOLOGY EDUCATION ACT.

    The Carl D. Perkins Vocational and Applied Technology Education Act 
(20 U.S.C. 2301 et seq.) is amended--
            (1) in section 101A--
                    (A) in paragraph (2) of subsection (a), by striking 
                ``and Palau'' and all that follows through the end of 
                the subsection, and inserting ``the Federated States of 
                Micronesia, the Republic of the Marshall Islands, and 
                the Republic of Palau.''; and
                    (B) in the matter preceding paragraph (1) of 
                subsection (b), by inserting ``the Republic of'' 
                immediately before ``Palau'';
            (2) in clause (ii) of section 112(f)(1)(B), by striking 
        ``Palau'' and all that follows through ``99-658)'', and 
        inserting ``the Federated States of Micronesia, the Republic of 
        the Marshall Islands, the Republic of Palau''; and
            (3) in paragraph (33) of section 521, by striking ``and 
        Palau'' and all that follows through the end of the paragraph, 
        and inserting ``the Federated States of Micronesia, the 
        Republic of the Marshall Islands, and the Republic of Palau.''.

SEC. 350D. TECHNICAL AMENDMENT TO THE SECOND MORRILL ACT.

    Section 5 the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 
U.S.C. 326a) (commonly known as the ``Second Morrill Act'') is amended 
by striking ``and the Trust Territory of the Pacific Islands or its 
successor governments'' and inserting ``the Federated States of 
Micronesia, the Republic of the Marshall Islands, and the Republic of 
Palau''.

SEC. 350E. DEFINITIONS FOR PART A OF TITLE III.

    Section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058) is 
amended--
            (1) in paragraph (1) of subsection (b)--
                    (A) in subparagraph (D), by striking ``and'' after 
                the semicolon; and
                    (B) by adding after subparagraph (E) the following 
                new subparagraph:
                    ``(F) located in a State; and'';
            (2) by redesignating subsection (f) as subsection (g); and
            (3) by inserting after subsection (e) the following new 
        subsection:
    ``(f) State.--For the purpose of this part the term `State' means 
each of the 50 States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth 
of the Northern Mariana Islands, the Republic of the Marshall Islands, 
the Federated States of Micronesia, and the Republic of Palau.''.

SEC. 350F. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL EARLY 
              INTERVENTION SCHOLARSHIP AND PARTNERSHIP PROGRAM.

    Section 404G of the Higher Education Act of 1965 (20 U.S.C. 1070a-
27) is amended by striking the second sentence thereof.

SEC. 350G. LENDER-OF-LAST-RESORT PROGRAMS.

    (a) Amendment.--Paragraph (1) of subsection (c) of section 428 of 
the Higher Education Act of 1965 (20 U.S.C. 1078(c)(1)) is amended by 
adding at the end the following new subparagraph:
                    ``(G) Notwithstanding any other provision of this 
                section, the Secretary shall exclude a loan made 
                pursuant to a lender-of-last-resort program when making 
                reimbursement payment calculations under subparagraphs 
                (B) and (C).''.
    (b) Effective Date.--Subsection (a) and the amendment made by 
subsection (a) shall take effect on August 10, 1993.

SEC. 350H. FEDERAL CONSOLIDATION LOANS.

    Paragraph (4) of section 428C(a) of the Higher Education Act of 
1965 (20 U.S.C. 1078-3(a)(4)) is amended--
            (1) in subparagraph (B), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) made under subpart II of part B of title VIII 
                of the Public Health Service Act.''.

SEC. 350I. FACILITIES AUTHORITY OF THE STUDENT LOAN MARKETING 
              ASSOCIATION.

    Section 439 of the Higher Education Act of 1965 (20 U.S.C. 1087-2) 
is amended--
            (1) in subparagraph (C) of subsection (d)(1)--
                    (A) in the matter preceding clause (i), by 
                inserting ``(including related equipment, 
                instrumentation, and furnishings)'' after 
                ``materials'';
                    (B) in clause (ii), by striking the semicolon and 
                inserting ``, athletic facilities, dining halls, and 
                student unions; and'';
                    (C) in clause (iii), by striking ``and'' after the 
                semicolon;
                    (D) in the matter following clause (iv)--
                            (i) by striking ``15 percent'' and 
                        inserting ``30 percent''; and
                            (ii) by striking ``type'' and inserting 
                        ``types''; and
                    (E) by striking clause (iv); and
            (2) in subsection (n), by striking ``a report of its 
        operations and activities during each year'' and inserting ``a 
        report of the Association's operations and activities, 
        including a report with respect to all facilities transactions, 
        during each year''.

SEC. 350J. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA NURSING SCHOOLS.

    (a) Amendment.--Part G of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section 481 
the following new section:

``SEC. 481A. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA NURSING 
              SCHOOLS.

    ``Notwithstanding any other provision of this Act, any regulations 
promulgated by the Secretary concerning the relationship between clock 
hours and semester, trimester, or quarter hours in calculating student 
grant, loan, or work assistance under this title, shall not apply to a 
public or private nonprofit hospital-based school of nursing that 
awards a diploma at the completion of the school's program of 
education.''.
    (b) Effective Date.--Subsection (a) and the amendment made by 
subsection (a) shall take effect on July 1, 1994.

SEC. 350K. ELIGIBILITY FOR STUDENTS FROM PALAU.

    Subsection (j) of section 484 of the Higher Education Act of 1965 
(20 U.S.C. 1091(j)) is amended to read as follows:
    ``(j) Assistance Under Subparts 1, 2, 3, 4, and 6 of Part A and 
Part C.--Notwithstanding any other provision of law, a student shall be 
eligible, if otherwise qualified, for assistance under subparts 1, 2, 
3, 4, and 6 of part A, and part C, of this title, if the student--
            ``(1) is a citizen of the Federated States of Micronesia, 
        the Republic of the Marshall Islands, or the Republic of Palau, 
        and attends an institution of higher education in a State or a 
        public or nonprofit private institution of higher education in 
        the Federated States of Micronesia, the Republic of the 
        Marshall Islands, or the Republic of Palau; or
            ``(2) meets the requirements of subsection (a)(5) and 
        attends a public or nonprofit private institution of higher 
        education in the Federated States of Micronesia, the Republic 
        of the Marshall Islands, or the Republic of Palau.''.

SEC. 350L. FEDERAL INSURANCE FOR BONDS.

    Subsection (b) of section 723 of the Higher Education Act of 1965 
(20 U.S.C. 1132-c(b)) is amended--
            (1) in paragraph (8)--
                    (A) in clause (i), by striking ``and'' after the 
                semicolon;
                    (B) by amending clause (ii) to read as follows:
                            ``(ii) shall be maintained in an amount not 
                        less than 10 percent of the outstanding 
                        principal of all loans under this part, with 
                        each eligible institution required to maintain 
                        in the escrow account an amount equal to 10 
                        percent of the outstanding principal of all 
                        loans made to such institution under this part; 
                        and''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) shall be used to return to an 
                        eligible institution an amount equal to any 
                        remaining portion of such institution's 10 
                        percent deposit of loan proceeds following 
                        scheduled repayment of such institution's 
                        loan;''; and
            (2) in paragraph (11), by striking ``regulations'' and 
        inserting ``conditions''.

SEC. 350M. DEFINITION OF ECONOMIC HARDSHIP.

    Paragraph (1) of section 435(o) of the Higher Education Act of 1965 
(20 U.S.C. 1085(o)(1)) is amended--
            (1) in clause (ii) of subparagraph (A), by striking ``or'' 
        after the semicolon;
            (2) by redesignating subparagraph (B) as subparagraph (C);
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) such borrower does not have disposable income 
                that is more than four times the amount specified in 
                subparagraph (A) for a borrower who is working full-
                time and such borrower's Federal educational debt 
                burden equals or exceeds 20 percent of such borrower's 
                disposable income; or''; and
            (4) in paragraph (2), by striking ``(1)(B)'' and inserting 
        ``(1)(C)''.

SEC. 350N. AUTHORITY TO AWARD NEED-BASED AID.

    Section 1544 of the Higher Education Amendments of 1992 (20 U.S.C. 
1088, note) is amended to read as follows:

``SEC. 1544. AUTHORITY TO AWARD NEED-BASED AID.

    ``(a) Effect on Pending Cases Prohibited.--Nothing in this section 
shall in any way be construed to affect any antitrust litigation 
pending on the date of enactment of this Act.
    ``(b) In General.--Except as provided in subsection (c), an 
institution of higher education that practices need-blind admissions 
may--
            ``(1) voluntarily agree with any other institution or 
        institutions of higher education to award financial aid not 
        awarded under the Higher Education Act of 1965 to students 
        attending those institutions only on the basis of demonstrated 
        financial need for such aid;
            ``(2) jointly discuss and voluntarily agree upon principles 
        of need analysis for determining student financial need for aid 
        not awarded under the Higher Education Act of 1965, provided 
        that individual financial aid officers may exercise 
        professional judgment with regard to individual applicants for 
        financial aid;
            ``(3) use common aid application forms for aid not awarded 
        under the Higher Education Act of 1965, provided that each such 
        institution of higher education shall be free to request and 
        use additional or different data from such institution's 
        applicants; and
            ``(4) exchange through an independent third-party data on 
        commonly admitted applicants regarding family and student 
        assets, income, allowances against assets and income, number of 
        family members, and the number of siblings in college, provided 
        that each participating institution may retrieve such data only 
        once for each commonly admitted applicant.
    ``(c) Exception.--Institutions of higher education shall not 
discuss or agree with each other on the prospective financial aid award 
to a specific applicant for financial aid.
    ``(d) Relationship to Higher Education Act.--Nothing in this 
section shall be construed to affect the rights or obligations of an 
institution of higher education under sections 479A and 483.
    ``(e) Related Matter.--No inference of unlawful conduct, 
combination or conspiracy shall be drawn from the fact that an 
institution of higher education engages in conduct authorized by this 
section.
    ``(f) Definition.--For the purpose of this section the term 
`institution of higher education that practices need-blind admissions' 
means an institution of higher education that admits as full-time 
students all United States citizens or aliens lawfully admitted for 
permanent residence (within the meaning of section 101(a)(20) of the 
Immigration and Nationality Act) to the undergraduate programs of such 
institution without regard to family financial circumstances, other 
than such citizens or aliens admitted from a waiting list.
    ``(g) Sunset Provision.--This section shall expire on September 30, 
1999.''.

SEC. 350O. DEFERMENT ELIGIBILITY.

    Subsection (f) of section 455 of the Higher Education Act of 1965 
(20 U.S.C. 1087e(f)) is amended by adding at the end the following new 
paragraphs:
            ``(2) Definition of borrower.--For the purpose of this 
        paragraph, the term ``borrower'' means an individual who is a 
        new borrower on the date such individual applies for a loan 
        under this part for which the first disbursement is made on or 
        after July 1, 1993.
            ``(3) Deferments for previous part b loan borrowers.--A 
        borrower of a loan made under this part, who at the time such 
        individual applies for such loan, has an outstanding balance of 
        principal or interest owing on any loan made, insured, or 
        guaranteed under part B of Title IV of the Act prior to July 1, 
        1993, shall be eligible for a deferment under section 
        427(a)(2)(C) or section 428(b)(1)(M) as such sections were in 
        effect on July 22, 1992.''.

SEC. 350P. FAMILY SUPPORT CENTER PROGRAM.

    (a) Administrative Provisions.--Section 772(f) of the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C. 11482(f)) is amended--
            (1) in paragraph (1), to read as follows:
            ``(1) Administrative costs.--Two percent of the amounts 
        appropriated under this title may be used by the Secretary to 
        administer the programs established under this title and three 
        percent of the amounts appropriated under this title may be 
        used by the Secretary to evaluate such program and to provide 
        technical assistance to entities for the development and 
        submission of applications for grants under this section.'';
            (2) in paragraph (3), by striking ``2 years'' and inserting 
        ``3 years''; and
            (3) by adding at the end thereof the following new 
        paragraph:
            ``(4) Minimum amount.--No grant made under subsection (a) 
        may be less than $200,000 per year.''.
    (b) Report.--Section 777 of such Act (42 U.S.C. 11487) is amended 
by striking ``1992'' and inserting ``1995''.
    (c) Authorization for Appropriations.--Section 779 of such Act (42 
U.S.C. 11489) is amended by striking ``for fiscal year 1993'' and 
inserting ``for each of the fiscal years 1993 through 1998''.
    (d) Technical Amendment.--Section 774(a) of such Act (42 U.S.C. 
11484(a)) is amended by striking ``subsection (e)'' and inserting 
``subsection (d)''.

SEC. 350Q. THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES ACT 
              OF 1965.

    Subsection (c) of section 11 of the National Foundation on the Arts 
and the Humanities Act of 1965 (20 U.S.C. 960(c)) is amended--
            (1) in the second sentence of paragraph (1)--
                    (A) by striking ``any fiscal year'' and inserting 
                ``fiscal year 1995''; and
                    (B) by striking ``$50,000'' and inserting 
                ``$100,000''; and
            (2) in the second sentence of paragraph (2)--
                    (A) by striking ``any fiscal year'' and inserting 
                ``fiscal year 1995''; and
                    (B) by striking ``$50,000'' and inserting 
                ``$100,000''.

       PART E--LIBRARY SERVICES AND CONSTRUCTION REAUTHORIZATION

SEC. 351. REFERENCES.

    Except as otherwise specifically provided, whenever in this part an 
amendment is expressed in terms of an amendment to a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Library Services and Construction Act (20 U.S.C. 
351 et seq.).

SEC. 352. AUTHORIZATIONS.

    (a) In General.--Subsection (a) of section 4 (20 U.S.C. 351b(a)) is 
amended--
            (1) by striking ``for fiscal year 1990 and such sums as may 
        be necessary for each of the 4 succeeding fiscal years'' each 
        place the phrase appears and inserting ``for fiscal year 
        1995''; and
            (2) in the matter following paragraph (7), by striking 
        ``each of the fiscal years 1990, 1991, 1992, 1993, and 1994'' 
        and inserting ``fiscal year 1995''.
    (b) Family Learning Centers.--Section 806 (20 U.S.C. 385e) is 
amended to read as follows:

                   ``authorization of appropriations

    ``Sec. 806. There are authorized to be appropriated such sums as 
may be necessary for fiscal year 1995 to carry out this part.''.
    (c) Library Literacy Centers.--Section 818 (20 U.S.C. 386g) is 
amended to read as follows:

                   ``authorization of appropriations

    ``Sec. 818. There are authorized to be appropriated such sums as 
may be necessary for fiscal year 1995 to carry out this part.''.

                    PART F--BUREAU OF INDIAN AFFAIRS

SEC. 361. GOALS 2000: EDUCATE AMERICA ACT.

    (a) Assistance to the Secretary of the Interior.--Section 315 of 
the Goals 2000: Educate America Act is amended--
            (1) by amending subsection (c) to read as follows:
    ``(c) Bureau of Indian Affairs Cost Analysis and Studies.--
            ``(1) In general.--The Secretary of the Interior shall 
        reserve from the funds received pursuant to section 
        304(a)(1)(B) in the first and second fiscal year for which the 
        Secretary of the Interior receives such funds an amount not to 
        exceed $500,000 for each such year to provide, through a 
        contract executed, after open solicitation, with an 
        organization or institution having extensive experience in 
        school finance, for an analysis of--
                    ``(A) the costs associated with meeting the 
                academic, home-living, and residential standards of the 
                Bureau for each Bureau funded school and annual 
                projections of such costs; and
                    ``(B) the feasibility and desirability of changing 
                the method of financing for Bureau funded schools from 
                the weighted student unit formula method in effect on 
                the date of enactment of this Act to a school-based 
                budget system or other alternative system of financial 
                support.
            ``(2) Cost analysis purpose.--The purpose of the cost 
        analysis provided for in paragraph (1)(A) shall be to provide 
        the Bureau and the panel described in subsection (b)(4) with 
        baseline data regarding the current state of operations funded 
        by the Bureau and to provide a framework for the implementation 
        of opportunity-to-learn standards or strategies. Such analysis 
        shall evaluate the costs of providing a program in each school 
        operated or supported by the Bureau for the next succeeding 
        academic year and shall be based on--
                    ``(A) the standards either published in the Federal 
                Register and effective for schools funded by the Bureau 
                on the date of enactment of this Act, or the State or 
                regional standards in effect on such date for a Bureau-
                funded school;
                    ``(B) the best projections of student counts and 
                demographics as provided by the Bureau and as 
                independently reviewed by the organization or 
                institution selected by the Secretary to perform the 
                analysis described in this section; and
                    ``(C) the pay and benefit schedules and other 
                personnel requirements for each school operated by the 
                Bureau, as such pay and benefit schedules and 
                requirements existed on the date of enactment of this 
                Act.
            ``(3) Feasibility study purpose.--(A) The purpose of the 
        feasibility analysis provided for in paragraph (1)(B) shall be 
        to determine whether it is feasible and desirable for the 
        Bureau to replace or modify the weighted student unit formula 
        system in effect on the date of enactment of this Act.
            ``(B) For the purposes of the feasibility analysis 
        described in paragraph (1)(B), the term `school-based budget 
        system' means a system based upon an initial determination, at 
        each school site, of the number of students who shall be served 
        at the site, the needs of those students, the standards which 
        will best meet those needs (including any standards or 
        conditions reflecting local community input and such 
        community's program), the personnel profile necessary to 
        establish such program and the cost (determined on an actual 
        basis) of funding such a program. Such a system shall include 
        procedures to aggregate the determinations for each school site 
        to determine the amount needed to fund all Bureau funded 
        schools, to prepare a budget submission based upon such 
        aggregate, and to provide for a mechanism for distributing such 
        sums as may be appropriated based upon the determination at 
        each school site.
            ``(4) Results report.--The contractor selected shall be 
        required to report the results of analyses provided for in this 
        section, in aggregate and school-specific form to the 
        chairpersons and ranking minority members of the Committee on 
        Education and Labor and the Committee on Appropriations of the 
        House of Representatives and the Committee on the Indian 
        Affairs and the Committee on Appropriations of the Senate, and 
        to the Secretary of the Interior, not later than six months 
        after the date of enactment of the Improving America's Schools 
        Act of 1994. The contractor shall also be required to provide 
        an estimate of the costs of meeting the academic and 
        residential standards of the Bureau for each Bureau funded 
        school for each of the three succeeding forward-funded fiscal 
        years following the date of submission of such report. The 
        contractor shall provide an estimate of such costs to such 
        persons and members not later than January 1 of each succeeding 
        fiscal year.''; and
            (2) by adding at the end the following new subsections:
    ``(e) Grants.--The Secretary of the Interior may use not more than 
one percent of the funds received pursuant to section 304(a)(1)(B) in 
the first and second fiscal year for which the Secretary of the 
Interior receives such funds for the purpose of providing grants, if 
requested by Bureau funded school boards, to enable such school boards 
to carry out activities of reform planning as such activities are 
described for States in section 308(b)(2)(J), or to evaluate the 
feasibility of becoming a contract school pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.), or 
a grant school pursuant to the Augustus F. Hawkins-Robert T. Stafford 
Elementary and Secondary School Improvement Amendments of 1988.
    ``(f) Study.--In cooperation with the panel established in 
subsection (b)(4), the Secretary of the Interior shall conduct a study 
to evaluate the feasibility of contracting with a private management 
firm for the operation of one or more Bureau operated schools to 
facilitate the achievement of the National Education Goals and the 
efficient use of funds in the education of Indian children, and to 
report to the persons identified in subsection (c)(4) and to the panel 
described in subsection (b)(4) not later than 12 months after the date 
of enactment of the Improving America's Schools Act of 1994.''.
    (b) Systemic Technology Planning.--Subsection (b) of section 317 of 
the Goals 2000: Educate America Act is amended by adding at the end the 
following new paragraph:
            ``(3) Secretary of the interior.--From the amount 
        appropriated pursuant to the authority of subsection (f) in 
        each fiscal year, the Secretary shall reserve $75,000 for the 
        Secretary of the Interior to enable the Secretary of the 
        Interior to conduct, directly or through a contract, systemic 
        technology planning for Bureau funded schools.''.

SEC. 362. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.

    (a) New Construction.--The second sentence of paragraph (4) of 
section 5205(b) of the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2504(b)(4)) is amended by striking ``were received.'' and 
inserting ``were received, except that a school receiving a grant under 
this part for facilities improvement and repair may use such grant 
funds for new construction if the tribal government or other 
organization provides funding for the new construction equal to at 
least one-fourth of the total cost of such new construction.''.
    (b) Composition of Grants.--Subsection (b) of section 5205 of the 
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504(b)) is further 
amended by adding at the end the following new paragraph:
            ``(5) If the Secretary fails to make a determination within 
        180 days of a request filed by an Indian tribe or tribal 
        organization to include in such tribe or organization's grant 
        the funds described in subsection (a)(2), the Secretary shall 
        be deemed to have approved such request and the Secretary shall 
        immediately amend the grant accordingly. Such tribe or 
        organization may enforce its rights under subsection (a)(2) and 
        this paragraph, including any denial of or failure to act on 
        such tribe or organization's request, pursuant to the disputes 
        authority described in section 5209(e).''.
    (c) Payments.--Subsection (a) of section 5208 of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2507(a)) is amended to read 
as follows:
    ``(a) Payments.--
            ``(1) Except as otherwise provided in this subsection, the 
        Secretary shall make payments to grantees under this part in 2 
        payments, of which--
                    ``(A) the first payment shall be made not later 
                than July 1 of each year in an amount equal to one-half 
                of the amount which the grantee was entitled to receive 
                during the preceding academic year; and
                    ``(B) the second payment, consisting of the 
                remainder to which the grantee is entitled for the 
                academic year, shall be made not later than December 1 
                of each year.
            ``(2) For any school for which no payment under this part 
        was made from Bureau funds in the preceding academic year, full 
        payment of the amount computed for the first academic year of 
        eligibility under this part shall be made not later than 
        December 1 of the academic year.
            ``(3) With regard to funds for grantees that become 
        available for obligation on October 1 of the fiscal year for 
        which such funds are appropriated, the Secretary shall make 
        payments to grantees not later than December 1 of the fiscal 
        year.
            ``(4) The provisions of the Prompt Payment Act (31 U.S.C. 
        3901 et seq.) shall apply to the payments required to be made 
        by paragraphs (1), (2), and (3).
            ``(5) Paragraphs (1), (2), and (3) shall be subject to any 
        restriction on amounts of payments under this part that are 
        imposed by a continuing resolution or other Act appropriating 
        the funds involved.''.
    (d) Applicability.--Subsection (a) of section 5209 of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2508(a)) is amended to read 
as follows:
    ``(a) Certain Provisions To Apply to Grants.--All provisions of 
section 5, 6, 7, 104, 105(f), 106(f), 109, and 111 of the Indian Self-
Determination and Education Assistance Act, except those provisions 
relating to indirect costs and length of contract, shall apply to 
grants provided under this part.''.
    (e) Exceptions, Problems, and Disputes.--Subsection (e) of section 
5209 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2508(e)) 
is amended--
            (1) by striking ``the amount of a grant under section 5205 
        (and the amount of any funds referred to in that section), and 
        payments to be made under section 5208 of this Act,'' and 
        inserting ``a grant authorized to be made pursuant to this part 
        or any amendment to such grant,'';
            (2) by striking ``the amount of, or payment of, the 
        administrative grant'' and inserting ``an administrative cost 
        grant''; and
            (3) by adding at the end the following new sentence: ``The 
        Equal Access to Justice Act shall apply to administrative 
        appeals filed after September 8, 1988, by grantees regarding a 
        grant under this part, including an administrative cost 
        grant.''.

SEC. 363. EDUCATION AMENDMENTS OF 1978.

    (a) Bureau of Indian Affairs.--Subsections (a) through (f) of 
section 1121 of the Education Amendments of 1978 (25 U.S.C. 2001 et 
seq.) are amended to read as follows:
    ``(a)(1) The purpose of the standards developed under this section 
shall be to afford Indian students being served by a Bureau funded 
school with the same opportunities as all other students to achieve the 
high goals embodied in the Goals 2000: Educate America Act. Consistent 
with the provisions of this section and section 1131, the Secretary 
shall take such actions as are necessary to coordinate standards 
developed and implemented under this section with those in the State 
plans developed and implemented pursuant to the Goals 2000: Educate 
America Act for the States in which each Bureau funded school operates. 
In developing and reviewing such standards and such coordination, the 
Secretary shall utilize the findings and recommendations of the panel 
established in section 315(b)(4) of the Goals 2000: Educate America 
Act.
    ``(2) The Secretary shall take immediate steps to encourage school 
boards of Bureau funded schools to engage their communities in adopting 
declarations of purposes of education in their communities, analyzing 
the implications of such purposes for their schools, and determining 
how such purposes may be made to motivate students and faculties and 
otherwise animate their schools by May 1, 1995. Such declarations shall 
represent the aspirations of a community for the kinds of persons such 
community wants its children to increasingly become, and shall include 
such purposes as assuring that all learners are becoming accomplished 
in ways important to themselves and respected by their parents and 
communities, shaping worthwhile and satisfying lives for themselves, 
exemplifying the best values of the community and humankind, and 
becoming increasingly effective in shaping the character and quality of 
the world all learners share.
    ``(b) Within 18 months of the publication of the voluntary national 
content standards described in section 213(a) of the Goals 2000: 
Educate America Act, the Secretary, in consultation with the Secretary 
of Education and Indian organizations and tribes, shall carry out or 
cause to be carried out by contract with an Indian organization a 
review of the standards in effect on the date of enactment of the 
Improving America's Schools Act of 1994 for the basic education of 
Indian children attending Bureau funded schools. Such review shall take 
into account the voluntary national content standards and other factors 
such as academic needs, local cultural differences, type and level of 
language skills, geographic isolation, and appropriate teacher-student 
ratios for such children, and shall be directed toward the attainment 
of equal educational opportunity for such children.
    ``(c)(1) The Secretary shall revise the minimum academic standards 
published in the Federal Register on September 9, 1985 (50 Fed. Reg. 
174) for the basic education of Indian children based upon the review 
conducted under subsection (b). The Secretary shall publish such 
proposed standards in the Federal Register for the purpose of receiving 
comments from the tribes and other interested parties. The Secretary 
shall establish final standards, distribute such final standards to all 
the tribes and publish such final standards in the Federal Register. 
The Secretary shall revise such final standards periodically as 
necessary. Prior to any revision of such final standards, the Secretary 
shall distribute such proposed revision to all the tribes, and publish 
such proposed revision in the Federal Register, for the purpose of 
receiving comments from the tribes and other interested parties.
    ``(2) The standards described in paragraph (1) shall apply to 
Bureau schools, and subject to subsection (f), to contract and grant 
schools, and may also serve as a model for educational programs for 
Indian children in public schools. In establishing and revising such 
standards, the Secretary shall take into account the special needs of 
Indian students and the support and reinforcement of the specific 
cultural heritage of each tribe.
    ``(d) The Secretary shall provide alternative or modified standards 
in lieu of the standards established under subsection (c), where 
necessary, so that the programs of each school shall be in compliance 
with the minimum standards required for accreditation of schools in the 
State where the school is located.
    ``(e) A tribal governing body, or the local school board so 
designated by the tribal governing body, shall have the local authority 
to waive, in part or in whole, the standards established under 
subsection (c), where such standards are deemed by such body to be 
inappropriate. The tribal governing body or designated school board 
shall, within 60 days thereafter, submit to the Secretary a proposal 
for alternative standards that take into account the specific needs of 
the tribe's children. Such revised standards shall be established by 
the Secretary unless specifically rejected by the Secretary for good 
cause and in writing to the affected tribes or local school board, 
which rejection shall be final and unreviewable.
    ``(f) The Secretary, through contracting and grant-making 
procedures, shall assist school boards of contract and grant schools in 
the implementation of the standards established under subsections (c) 
and (d), if the school boards request that such standards, in part or 
in whole, be implemented. At the request of a contract or grant school 
board, the Secretary shall provide alternative or modified standards 
for the standards established under subsections (c) and (d) to take 
into account the needs of the Indian children and the contract or grant 
school.''.
    (b) Counselors for Boarding Schools and Dormitories.--Subsection 
(a) of section 1128 of the Education Amendments of 1978 (25 U.S.C. 
2008(a)) is amended by adding at the end the following: ``Prior to 
January 1, 1996, the Secretary shall review the formula established 
under this section and shall take such steps as may be necessary to 
increase the availability of counseling services for students in off-
reservation boarding schools and other Bureau funded residential 
facilities. Concurrent with such action, the Secretary shall review the 
standards established under section 1121 to be certain that adequate 
provision is made for parental notification regarding, and consent for, 
such counseling services.''.
    (c) School Board Training.--Subparagraph (A) of section 1128(c)(2) 
of the Education Amendments of 1978 (25 U.S.C. 2008(c)(2)(A)) is 
amended by striking ``fiscal year 1986'' and inserting ``fiscal year 
1992, except that the contracts for distribution of such funds shall 
require that such funds be distributed by the recipient organizations 
in a manner that assures the same pro rata share is made available for 
training for each school board in the system.''.
    (d) Formula Adjustment.--Subsection (c) of section 1128 of the 
Education Amendments of 1978 (25 U.S.C. 2008(c)) is further amended by 
adding at the end thereof the following new paragraph:
            ``(4)(A) The Secretary shall adjust the formula established 
        under subsection (a) to use a weighted unit of 0.25 for each 
        eligible Indian student who is enrolled in a year-long credit 
        course in an Indian or Native language as part of the regular 
        curriculum of a school, in considering the number of eligible 
        Indian students served by such school.
            ``(B) The adjustment required under subparagraph (A) shall 
        be used for such school after--
                    ``(i) the certification of the Indian or Native 
                language curriculum by the school board of such school 
                to the Secretary, together with an estimate of the 
                number of full-time students expected to be enrolled in 
                the curriculum in the second school year following the 
                school year for which the certification is made; and
                    ``(ii) the funds appropriated for allotment under 
                this section are designated by the appropriations Act 
                appropriating such funds as the amount necessary to 
                implement such adjustment at such school without 
                reducing allotments made under this section to any 
                school by virtue of such adjustment.''.
    (e) Grant Schools.--Paragraph (3) of section 1128(g) of the 
Education Amendments of 1978 (25 U.S.C. 2008(g)(3)) is amended by 
inserting ``or grant school'' after ``contract school'' each time such 
term appears.
    (f) Availability.--Subsection (h) of section 1128 of the Education 
Amendments of 1978 (25 U.S.C. 2008(h)) is amended by inserting ``of a 
Bureau school'' after ``board''.
    (g) Special Rule.--Section 1128 of the Education Amendments of 1978 
(25 U.S.C. 2008) is amended by adding at the end the following new 
subsection:
    ``(i) Beginning with academic year 1994-1995, tuition for the out-
of-State students boarding at the Richfield Dormitory in Richfield, 
Utah, who attend Sevier County high schools in Richfield, Utah, shall 
be paid from the Indian school equalization program funds at a rate not 
to exceed the amount per weighted student unit for that year for the 
instruction of such students. Such payment shall be in lieu of payments 
that might otherwise be paid to Bureau funded or public schools on 
their reservations. No additional administrative cost funds will be 
added to the grant.''.
    (h) Uniform Direct Funding and Support.--Subsection (a) of section 
1129 of the Education Amendments of 1978 (25 U.S.C. 2009(a)) is 
amended--
            (1) by amending paragraph (1) to read as follows:
    ``(1) Within six months after the date of enactment of the 
Improving America's Schools Act of 1994, the Secretary shall establish, 
by regulation adopted in accordance with section 1138, a system for the 
direct funding and support of all Bureau funded schools. Such system 
shall allot funds in accordance with section 1128. All amounts 
appropriated for distribution under this section shall be made 
available as provided in paragraph (2).'';
            (2) by striking paragraphs (2) and (3) and inserting the 
        following new paragraph:
    ``(2)(A) For the purpose of affording adequate notice of funding 
available pursuant to the allotments made by section 1128, amounts 
appropriated in an appropriation Act for any fiscal year shall become 
available for obligation by the affected schools on July 1 of the 
fiscal year in which such funds are appropriated without further action 
by the Secretary, and shall remain available for obligation through the 
succeeding fiscal year.
    ``(B) The Secretary shall, on the basis of the amount appropriated 
in accordance with this paragraph--
            ``(i) publish, on July 1 of the fiscal year for which the 
        funds are appropriated, the allotments to be made under section 
        1128 to each affected school of 85 percent of such 
        appropriation; and
            ``(ii) publish, not later than October 30 of such fiscal 
        year, the allotments to be made under section 1128 of the 
        remaining 15 percent of such appropriation, adjusted to reflect 
        actual student attendance.'';
            (3) by redesignating paragraphs (4) and (5) as paragraphs 
        (3) and (4), respectively; and
            (4) in paragraph (3) (as redesignated by paragraph (3)) by 
        striking ``$25,000'' and inserting ``$35,000''.
    (i) Student Projects and Matching Funds.--Section 1129 of the 
Education Amendments of 1978 (25 U.S.C. 2009) is amended by adding at 
the end the following new subsections:
    ``(g) Notwithstanding any other provision of law, where there is 
agreement on action between the superintendent and the school board of 
a Bureau funded school, the product or result of a project conducted in 
whole or in major part by a student may be given to that student upon 
the completion of such project.
    ``(h) Notwithstanding any other provision of law, funds received by 
a Bureau funded school under this title shall not be considered Federal 
funds for purposes of meeting a matching funds requirement in any 
Federal program.''.

SEC. 364. STAFF OF THE INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE 
              CULTURE AND ARTS DEVELOPMENT.

    Subsection (f) of section 1509 of the Higher Education Amendments 
of 1986 (20 U.S.C. 4416(f)) is amended to read as follows:
    ``(f) Applicability.--
            ``(1) This section shall apply to any individual appointed 
        after October 17, 1986, for employment in the Institute. Except 
        as provided in subsection (d) and (g), the enactment of this 
        title shall not affect--
                    ``(A) the continued employment of any individual 
                employed immediately before October 17, 1986; or
                    ``(B) such individual's right to receive the 
                compensation attached to such position.
            ``(2) This section shall not apply to an individual whose 
        services are procured by the Institute pursuant to a written 
        procurement contract.
            ``(3) This section shall not apply to employees of an 
        entity performing services pursuant to a written contract with 
        the Institute.''.

SEC. 365. ENDOWMENT FUNDS.

    Section 302 of the Tribally Controlled Community College Assistance 
Act of 1978 (25 U.S.C. 1832) is amended--
            (1) in subsection (a), by striking ``section 333'' and 
        inserting in lieu thereof ``section 331''; and
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) provides for the investment and maintenance of a 
        trust fund, the corpus and earnings of which shall be invested 
        in the same manner as funds are invested under paragraph (2) of 
        section 331(c) of the Higher Education Act of 1965, except that 
        for purposes of this paragraph, the term `endowment fund' means 
        a fund established by an institution of higher education or by 
        a foundation that is exempt from taxation and is maintained for 
        the purpose of generating income for the support of the 
        institution, and may include real estate;''; and
                    (B) in paragraph (3) by striking ``same'' the first 
                time such term appears.

SEC. 366. STUDY.

    The Secretary of the Interior shall conduct a study, in 
consultation with the board of regents of the Haskell Indian Junior 
College to evaluate the possible need for alternative institutional and 
administrative systems at Haskell Indian Junior College to support the 
transition of such college to a four year university. If the study's 
conclusions require legislation to be implemented, the study shall be 
accompanied by appropriate draft legislation. Such study shall be 
transmitted to the Committee on Indian Affairs of the Senate and the 
Committee on Education and Labor of the House of Representatives by 
June 1, 1995.

           PART G--CROSS REFERENCES AND CONFORMING AMENDMENTS

SEC. 381. CROSS REFERENCES.

    (a) Refugee Education Assistance Act of 1980.--(1) Paragraph (1) of 
section 101 of the Refugee Education Assistance Act of 1980 (8 U.S.C. 
1522 note) is amended by striking ``section 198(a)'' and inserting 
``section 10101''.
    (2) Paragraph (2) of section 201(b) of the Refugee Education 
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking 
``(other than section 303 of the Elementary and Secondary Education Act 
of 1965)''.
    (3) Paragraph (3) of section 301(b) of the Refugee Education 
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking ``, 
except that no reduction under this paragraph shall be made for any 
funds made available to the State under section 303 of the Elementary 
and Secondary Education Act of 1965''.
    (4) Paragraph (2) of section 401(b) of the Refugee Education 
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking 
``(other than section 303 of the Elementary and Secondary Education Act 
of 1965)''.
    (b) Title 10.--(1) Subparagraph (A) of section 1151(b)(2) of title 
10, United States Code, is amended by striking ``chapter 1 of''.
    (2) Subparagraph (A) of section 1151(b)(3) of title 10, United 
States Code, is amended by striking ``chapter 1 of''.
    (3) Subparagraph (A) of section 1598(a)(2) of title 10, United 
States Code, is amended by striking ``chapter 1 of''.
    (4) Section 2194 of title 10, United States Code, is amended--
            (A) in subsection (a), by striking ``education agency'' and 
        inserting ``educational agency''; and
            (B) in subsection (e)--
                    (i) by striking ``education agency'' and inserting 
                ``educational agency'';
                    (ii) by striking ``section 1471(12)'' and inserting 
                ``section 10101''; and
                    (iii) by striking ``(20 U.S.C. 1058(b)''.
    (5) Subparagraph (A) of section 2410j(a)(2) of title 10, United 
States Code, is amended by striking ``chapter 1 of''.
    (c) Toxic Substances Control Act.--(1) Subparagraph (A) of section 
202(7) of the Toxic Substances Control Act (15 U.S.C. 2642(7)(A)) is 
amended--
            (A) by striking ``section 198'' and inserting ``section 
        10101''; and
            (B) by striking ``(20 U.S.C. 3381)''.
    (2) Paragraph (9) of section 202 of the Toxic Substances Control 
Act (15 U.S.C. 2642(9)) is amended--
            (A) by striking ``section 198'' and inserting ``section 
        10101''; and
            (B) by striking ``(20 U.S.C. 2854)''.
    (3) Paragraph (12) of section 202 of the Toxic Substances Control 
Act (15 U.S.C. 2642(12)) is amended--
            (A) by striking ``section 198'' and inserting ``section 
        10101''; and
            (B) by striking ``(20 U.S.C. 2854)''.
    (4) Section 302(1) of the Toxic Substances Control Act (15 U.S.C. 
2662(1)(A)) is amended--
            (A) in subparagraph (A)--
                    (i) by striking ``section 198'' and inserting 
                ``section 10101''; and
                    (ii) by striking ``(20 U.S.C. 3381)''; and
            (B) in subparagraph (C), by inserting ``or successor 
        authority'' after ``1107)''.
    (d) National Defense Authorization Act for Fiscal Year 1993.--
Paragraph (1) of section 386(h) of the National Defense Authorization 
Act for Fiscal Year 1993 (20 U.S.C. 238 note) is amended--
            (1) by striking ``section 1471(12)'' and inserting 
        ``section 10101''; and
            (2) by striking ``(20 U.S.C. 2891(12))''.
    (e) Higher Education Act of 1965.--(1) Paragraph (1) of section 
404(c) (20 U.S.C. 1070a-23(c)(1)) is amended by striking ``section 
1005(c)'' and inserting ``section 1123(c)(1)''.
    (2) Clause (ii) of section 418A(b)(1)(B) of the Higher Education 
Act of 1965 (20 U.S.C. 1070d-2(b)(1)(B)(ii)) is amended by striking 
``subpart 1 of part D of chapter 1'' and inserting ``part D''.
    (3) Subparagraph (A) of section 418A(c)(1) of the Higher Education 
Act of 1965 (20 U.S.C. 1070d-2(c)(1)(A)) is amended--
            (A) by striking ``subpart 1 of part D of chapter 1'' and 
        inserting ``part D''; and
            (B) by inserting ``(or such part's predecessor authority)'' 
        after ``1965''.
    (4) Subparagraph (A) of section 465(a)(2) of the Higher Education 
Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) is amended--
            (A) by striking ``chapter 1 of the Education Consolidation 
        and Improvement Act of 1981'' and inserting ``title I of the 
        Elementary and Secondary Education Act of 1965''; and
            (B) by striking ``section 111(c)'' and inserting ``section 
        1123(c)(1)''.
    (5) Subsection (a) of section 469 of the Higher Education Act of 
1965 (20 U.S.C. 1087ii(a)) is amended by striking ``chapter 1 of''.
    (6) Subsection (b) of section 501 of the Higher Education Act of 
1965 (20 U.S.C. 1102(b)) is amended--
            (A) in subparagraph (B) of paragraph (1), by striking 
        ``sections 1005 and 1006 of chapter 1 of title I'' and 
        inserting ``section 1123''; and
            (B) in subclause (II) of paragraph (2)(A)(ii), by striking 
        ``sections 1005 and 1006'' and inserting ``section 1123''.
    (7) Subsection (b) of section 572 of the Higher Education Act of 
1965 (20 U.S.C. 1111a(b)) is amended by striking ``of chapter 1''.
    (8) Paragraph (1) of section 581(b) of the Higher Education Act of 
1965 (20 U.S.C. 1113(b)(1)) is amended by striking ``part A or subpart 
1 of part D of chapter 1'' and inserting ``part A or D''.
    (9) Paragraph (3) of section 581(c) of the Higher Education Act of 
1965 (20 U.S.C. 1113(c)(3)) is amended by striking ``chapter 1 of''.
    (10) Subparagraph (C) of section 586(d)(1) of the Higher Education 
Act of 1965 (20 U.S.C. 1114(d)(1)(C)) is amended by striking ``chapter 
1 of''.
    (11) Subparagraph (D) of section 586(d)(1) of the Higher Education 
Act of 1965 (20 U.S.C. 1114(d)(1)(D)) is amended by striking ``chapter 
1 of''.
    (12) Subclause (I) of section 1144(b)(1)(B)(iv) of the Higher 
Education Act of 1965 (20 U.S.C. 1138c(b)(1)(B)(iv)(I)) is amended by 
striking ``chapter 1 of''.
    (f) Education Amendments of 1978.--Subsection (h) of section 1203 
of the Education Amendments Act of 1978 (20 U.S.C. 1221-1 note) is 
amended by striking ``section 183'' and inserting ``part F of title 
I''.
    (g) Individuals with Disabilities Education Act.--(1) Clause (ii) 
of section 602(a)(21)(A) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1401(a)(21)(A)(ii)) is amended by striking ``chapter 1 
of''.
    (2) Paragraph (2) of section 613(a) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1413(a)(2)) is amended by 
striking ``, including subpart 2 of part D of chapter 1 of title I of 
the Elementary and Secondary Education Act of 1965,''.
    (3) Subparagraph (B) of section 622(c)(2) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1422(c)(2)) is amended by 
striking ``and subpart 2 of part D of chapter 1 of title I of the 
Elementary and Secondary Education Act of 1965,''.
    (h) Education Amendments of 1972.--Subparagraph (B) of section 
908(2) of the Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is 
amended by striking ``section 198(a)(10)'' and inserting ``section 
10101''.
    (i) Department of Education Organization Act.--Section 204 of the 
Department of Education Organization Act (20 U.S.C. 3414) is amended by 
striking ``subpart 1 of part B'' and inserting ``part D''.
    (j) Education and Training for a Competitive America Act of 1988.--
The Education and Training for a Competitive America Act of 1988 (20 
U.S.C. 5001 et seq.) is repealed.
    (k) Educational Partnerships Act of 1988.--The Educational 
Partnerships Act of 1988 (20 U.S.C. 5031 et seq.) is repealed.
    (l) Secondary Schools Basic Skills Demonstration Assistance Act of 
1988.--The Secondary Schools Basic Skills Demonstration Assistance Act 
of 1988 (20 U.S.C. 5061 et seq.) is repealed.
    (m) Excellence in Mathematics, Science and Engineering Education 
Act of 1990.--The Excellence in Mathematics, Science and Engineering 
Education Act of 1990 (20 U.S.C. 5311 et seq.) is repealed.
    (n) National Environmental Education Act.--Paragraph (5) of section 
3 of the National Environmental Education Act (20 U.S.C. 5502(5)) is 
amended--
            (1) by striking ``local education'' and inserting ``local 
        educational''; and
            (2) by striking ``section 198'' and inserting ``section 
        10101''.
    (o) Job Training Partnership Act.--(1) Paragraph (23) of section 4 
of the Job Training Partnership Act (29 U.S.C. 1503(23)) is amended by 
striking ``section 1471(23)'' and inserting ``section 10101''.
    (2) Subparagraph (B) of section 263(a)(2) of the Job Training 
Partnership Act (29 U.S.C. 1643(a)(2)(B)) is amended by striking 
``chapter 1 of''.
    (3) Subparagraph (B) of section 263(g)(1) of the Job Training 
Partnership Act (29 U.S.C. 1643(g)(1)(B)) is amended by striking 
``chapter 1 of''.
    (4) Paragraph (2) of section 265(b) of the Job Training Partnership 
Act (29 U.S.C. 1645(b)(2)) is amended by striking ``parts A through D 
of chapter 1'' and inserting ``parts A through C''.
    (p) National Defense Authorization Act for Fiscal Year 1993.--
Paragraph (3) of section 1091(l) of the National Defense Authorization 
Act for Fiscal Year 1993 (32 U.S.C. 501 note) is amended by inserting 
``(as such section was in effect on the day preceding the date of 
enactment of this Act)'' after ``1965''.
    (q) Safe Drinking Water Act.--Section 1461 of the Safe Drinking 
Water Act (42 U.S.C. 300j-21(6)) is amended--
            (1) in subparagraph (A) of paragraph (3)--
                    (A) by striking ``section 198'' and inserting 
                ``section 10101''; and
                    (B) by striking ``(20 U.S.C. 3381)''; and
            (2) in paragraph (6)--
                    (A) by striking ``section 198'' and inserting 
                ``section 10101''; and
                    (B) by striking ``(20 U.S.C. 2854)''.
    (r) Civil Rights Act of 1964.--Subparagraph (B) of section 606(2) 
of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a(2)(B)) is amended 
by striking ``section 198(a)(10)'' and inserting ``section 10101''.
    (s) Older Americans Act of 1965.--(1) Section 338(a) of the Older 
Americans Act of 1965 (42 U.S.C. 3030g-11(a)) is amended--
            (A) by striking ``section 1005(d)(2)'' and inserting 
        ``1121(c)(1)(A)''; and
            (B) by striking ``(20 U.S.C. 2711(d)(2))''.
    (2) Section 338A of the Older Americans Act of 1965 (42 U.S.C. 
3030g-12(a)(1)) is amended--
            (A) in paragraph (1) of subsection (a)--
                    (i) by striking ``section 1471'' and inserting 
                ``section 10101''; and
                    (ii) by striking ``(20 U.S.C. 2891)''; and
            (B) in paragraph (3) of subsection (b)--
                    (i) by striking ``projects under section 1015'' and 
                inserting ``programs under section 1114''; and
                    (ii) by striking (20 U.S.C. 2025)''.
    (3) Subparagraph (B) of section 363(5) of the Older Americans Act 
of 1965 (42 U.S.C. 3030o(5)(B)) is amended--
            (A) by striking ``section 1471'' and inserting ``section 
        10101''; and
            (B) by striking ``(20 U.S.C. 2891)''.
    (t) Carl D. Perkins Vocational and Applied Technology Education 
Act.--(1) Subsection (d) of section 111 of the Carl D. Perkins 
Vocational and Applied Technology Education Act (20 U.S.C. 2321(d)) is 
amended by striking ``chapter 1 of''.
    (2) Paragraph (14) of section 113(b) of the Carl D. Perkins 
Vocational and Applied Technology Education Act (20 U.S.C. 2323(b)(14)) 
is amended by striking ``chapter 1 of''.
    (3) Subsection (a) of section 115 of the Carl D. Perkins Vocational 
and Applied Technology Education Act (20 U.S.C. 2325(a)) is amended--
            (A) by striking ``chapter 1 of''; and
            (B) by inserting ``of 1965'' after ``Secondary Education 
        Act''.
    (4) Paragraph (1) of section 231(a) of the Carl D. Perkins 
Vocational and Applied Technology Education Act (20 U.S.C. 2341(a)(1)) 
is amended by striking ``section 1005'' and inserting ``section 1124 or 
such section's predecessor authority''.
    (5) Clause (iv) of section 231(d)(3)(A) of the Carl D. Perkins 
Vocational and Applied Technology Education Act (20 U.S.C. 
2341(d)(3)(A)(iv)) is amended by striking ``chapter 1 of''.
    (6) Section 352 of the Carl D. Perkins Vocational and Applied 
Technology Education Act (20 U.S.C. 2395a) is amended by striking 
``section 1006'' and inserting ``section 1124''.
    (7) Subsection (b) of section 353 of the Carl D. Perkins Vocational 
and Applied Technology Education Act (20 U.S.C. 2396b) is amended by 
striking ``section 1006'' and inserting ``section 1124''.
    (8) Paragraph (1) of section 368 of the Carl D. Perkins Vocational 
and Applied Technology Education Act (20 U.S.C. 2396f(1)) is amended by 
striking ``section 1006'' and inserting section 1124''.
    (9) Paragraph (3) of section 420(a) of the Carl D. Perkins 
Vocational and Applied Technology Education Act (20 U.S.C. 2420(a)(3)) 
is amended by striking ``section 1562'' and inserting ``subpart 2 of 
part C of title II''.
    (10) Paragraph (20) of section 521 of the Carl D. Perkins 
Vocational and Applied Technology Education Act (20 U.S.C. 2471(20) is 
amended by striking ``section 1471(5)'' and inserting ``section 
10101''.
    (11) Paragraph (21) of section 521 of the Carl D. Perkins 
Vocational and Applied Technology Education Act (20 U.S.C. 2471(21)) is 
amended by striking ``section 703(a)(1)'' and inserting ``section 
7104''.
    (u) Juvenile Justice and Delinquency Prevention Act of 1974.--
Paragraph (2) of section 288E(a) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-5(a)(2)) is amended 
by striking ``chapter 1 of''.
    (v) Age Discrimination Act of 1975.--Clause (ii) of section 
309(4)(B) of the Age Discrimination Act of 1975 (42 U.S.C. 
6107(4)(B)(ii)) is amended by striking ``section 198(a)(10),'' and 
inserting ``section 10101''.
    (w) Head Start Transitional Project Act.--(1) Paragraph (4) of 
section 132 of the Head Start Transition Project Act (42 U.S.C. 
9855(4)) is amended by striking ``section 1471(12)'' and inserting 
``section 10101''.
    (2) Subsection (a) of section 134 of the Head Start Transition 
Project Act (42 U.S.C. 9855b(a)) is amended by striking ``of chapter 
1''.
    (3) Subsection (b) of section 134 of the Head Start Transition 
Project Act (42 U.S.C. 9855b(b)) is amended by striking ``of chapter 
1''.
    (4) Subsection (d) of section 135 of the Head Start Transition 
Project Act (42 U.S.C. 9855c(d)) is amended by striking ``schoolwide 
project under section 1015(a)'' and inserting ``schoolwide program 
under section 1114''.
    (5) Subparagraph (C) of section 136(a)(4) of the Head Start 
Transition Project Act (42 U.S.C. 9855d(a)(4)(C)) is amended--
            (A) by striking ``Follow Through Act, chapter 1 of''; and
            (B) by striking ``part B of chapter 1 of title I of the 
        Elementary and Secondary Education Act of 1965''.
    (6) Paragraph (8) of section 136(a) of the Head Start Transition 
Project Act (42 U.S.C. 9855d(a)(8)) is amended by striking ``part B of 
chapter 1'' and inserting ``part C''.
    (7) Paragraph (10) of section 136(a) of the Head Start Transition 
Project Act (42 U.S.C. 9855d(a)(10)) is amended by striking ``part B of 
chapter 1'' and inserting ``part C''.
    (x) Follow Through Act.--The Follow Through Act (42 U.S.C. 9861 et 
seq.) is repealed.
    (y) Comprehensive Child Development Act.--Paragraph (5) of section 
670S of the Comprehensive Child Development Act (42 U.S.C. 9886(5)) is 
amended by striking ``section 1471(12)'' and inserting ``section 
10101''.
    (z) National and Community Service Act of 1990.--Subparagraph (B) 
of section 112(b)(2) of the National and Community Service Act of 1990 
(42 U.S.C. 12524(b)(2)(B)) is amended by striking ``chapter 1 of''.
    (aa) Training Technology Transfer Act of 1988.--Paragraph (1) of 
section 6144 of the Training Technology Transfer Act of 1988 (20 U.S.C. 
5124(1)) is amended by striking ``section 405(d)(4)(A)(i) of the 
General Education Provisions Act (20 U.S.C. 1221e(d)(4)(A)(i))'' and 
inserting ``section 941(h) of the Educational Research, Development, 
Dissemination, and Improvement Act of 1994''.

SEC. 382. ADDITIONAL REPEALS AND TECHNICAL AND CONFORMING AMENDMENTS 
              REGARDING IMPACT AID.

    (a) Additional Repeals.--
            (1) Omnibus budget reconciliation act of 1981.--Subsection 
        (c) of section 505 of the Omnibus Budget Reconciliation Act of 
        1981 is repealed.
            (2) Education amendments of 1984.--Section 302 of the 
        Education Amendments of 1984 is repealed.
            (3) Department of education appropriations act, 1991.--
        Section 306 of the Department of Education Appropriations Act, 
        1991, is repealed.
            (4) National assessment of chapter 1 act.--Paragraph (2) of 
        section 3(a) of the 1992 National Assessment of Chapter 1 Act 
        is repealed.
            (5) Public law 92-277.--Section 2 of Public Law 92-277 (86 
        Stat. 124) is repealed.
    (b) Technical and Conforming Amendments.--
            (1) Elementary and secondary education amendments of 
        1966.--Section 182 of the Elementary and Secondary Education 
        Amendments of 1966 is amended by striking ``by the Act of 
        September 23, 1950 (Public Law 815, 81st Congress),''.
            (2) Toxic substances control act.--Subparagraph (C) of 
        section 302(1) of the Toxic Substances Control Act (15 U.S.C. 
        2662(1)(C)) is amended by inserting ``as in effect before 
        enactment of the Improving America's Schools Act of 1994'' 
        after ``section 6 of the Act of September 30, 1950 (64 Stat. 
        1107),''.

SEC. 383. INDIAN EDUCATION.

    (a) Adult Education Act.--Paragraph (4) of section 322(a) of the 
Adult Education Act (20 U.S.C. 1203a(a)) is amended by striking ``the 
Indian Education Act'' and inserting ``title VI of the Elementary and 
Secondary Education Act of 1965''.
    (b) Education Amendments of 1978.--Paragraph (3) of section 1128(c) 
of the Education Amendments of 1978 (25 U.S.C. 2008(c)(3)) is amended--
            (1) in clause (i) of subparagraph (A), by striking ``(as 
        determined pursuant to section 5324 of the Indian Education Act 
        of 1988)''; and
            (2) in subparagraph (B)--
                    (A) by striking ``the later of the following'' and 
                all that follows through ``(ii)''; and
                    (B) by inserting ``, and for each fiscal year 
                thereafter'' before the period at the end thereof.
    (c) Indian Education Assistance Act.--Section 209 of the Indian 
Education Assistance Act (25 U.S.C. 458e) is amended by striking 
``title IV of the Act of June 23, 1972 (86 Stat. 235)'' and inserting 
``title VI of the Elementary and Secondary Education Act of 1965''.
    (d) Johnson-O'Malley Act.--Subsection (a) of section 5 of the Act 
of April 16, 1934, commonly known as the ``Johnson-O'Malley Act'' (25 
U.S.C. 456(a)) is amended by striking ``section 305(b)(2)(B)(ii) of the 
Act of June 23, 1972 (86 Stat. 235)'' and inserting ``section 
6104(c)(4) of the Elementary and Secondary Education Act of 1965''.

SEC. 384. OTHER TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Adult Education Act.--Paragraph (7) of section 342(c) of the 
Adult Education Act (20 U.S.C. 1206a(c)) is amended by striking 
``section 7004(a) of title VII'' and inserting ``section 7104(5)''.
    (b) Age Discrimination Act of 1975.--Clause (ii) of section 
309(4)(B) of the Age Discrimination Act of 1975 (42 U.S.C. 
6107(4)(B)(ii)) is amended by striking ``section 198(a)(10)'' and 
inserting in lieu thereof ``section 9101(13)''.
    (c) Anti-Drug Abuse Act of 1988.--Subparagraph (A) of section 
3521(d)(8) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 
11841(d)(8)(A)) is amended by striking ``the Drug-Free Schools and 
Communities Act of 1986'' and inserting ``part A of title V of the 
Elementary and Secondary Education Act of 1965''.
    (d) Asbestos School Hazard Abatement Act.--Section 511 of the 
Asbestos School Hazard Abatement Act of 1984 (20 U.S.C. 4020) is 
amended--
            (1) in subparagraph (A) of paragraph (4), by striking 
        ``section 198(a)(10)'' and inserting ``section 10101''; and
            (2) in subparagraph (A) of paragraph (5), by striking 
        ``section 198(a)(7)'' and inserting ``section 10101''.
    (e) Child Care and Development Block Grant Act of 1990.--Subsection 
(c) of section 658H of the Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858f(c)) is amended by striking ``section 1006'' 
and inserting ``section 1124''.
    (f) Cranston-Gonzalez National Affordable Housing Act.--Paragraph 
(10) of section 457 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12899f(10)) is amended by striking ``section 
7003 of the Bilingual Education Act'' and inserting ``section 7104(5) 
of the Elementary and Secondary Education Act of 1965''.
    (g) Family and Medical Leave Act of 1993.--Subparagraph (A) of 
section 108(a)(1) of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2618(a)(1)(A)) is amended by striking ``section 1471(12) (20 
U.S.C. 2891(12))'' and inserting ``section 10101''.
    (h) Goals 2000: Education America Act.--The Goals 2000: Educate 
America Act is amended--
            (1) in section 3--
                    (A) in subsection (a)--
                            (i) in paragraph (6), by striking ``section 
                        1471'' and inserting ``section 10101''; and
                            (ii) in paragraph (10), by striking 
                        ``section 602'' and inserting ``section 
                        602(a)(17)''; and
                    (B) in paragraph (1) of subsection (b), by striking 
                ``section 1471'' and inserting ``section 10101'';
            (2) in paragraph (7) of section 231, by striking ``chapter 
        1 of'';
            (3) in subsection (b) of section 232--
                    (A) in subparagraph (A) of paragraph (2), by 
                striking ``Star Schools Program Assistance Act'' and 
                inserting ``Star Schools program authorized by part B 
                of title III of the Elementary and Secondary Education 
                Act of 1965''; and
                    (B) in subparagraph (F) of paragraph (3), by 
                striking ``the evaluation undertaken pursuant to 
                section 908 of the Star Schools Program Assistance 
                Act'' and inserting ``any evaluation of the Star School 
                program undertaken by the Secretary'';
            (4) in subsection (b) of section 310, by striking ``section 
        1017'' and inserting ``sections 1117 and 10503''; and
            (5) in subsection (b) of section 311, by amending 
        paragraphs (1) through (6) to read as follows:
            ``(1) Title I of the Elementary and Secondary Education Act 
        of 1965.
            ``(2) Part A of title II of the Elementary and Secondary 
        Education Act of 1965.
            ``(3) Part A of title V of the Elementary and Secondary 
        Education Act of 1965.
            ``(4) Title VIII of the Elementary and Secondary Education 
        Act of 1965.
            ``(5) Part B of title IX of the Elementary and Secondary 
        Education Act of 1965.
            ``(6) The Carl D. Perkins Vocational and Applied Technology 
        Education Act.''.
    (i) Immigration and Nationality Act.--Subparagraph (D) of section 
245A(h)(4) of the Immigration and Nationality Act (8 U.S.C. 
1255a(h)(4)(D)) is amended to read as follows:
                    ``(D) Title I of the Elementary and Secondary 
                Education Act of 1965.''.
    (j) National and Community Service Act of 1990.--The National and 
Community Service Act of 1990 is amended--
            (1) in section 101--
                    (A) in paragraph (8), by striking ``section 1471(8) 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 2891(8))'' and inserting ``section 10101 of 
                the Elementary and Secondary Education Act of 1965'';
                    (B) in paragraph (14), by striking ``section 
                1471(12) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 2891(12))'' and inserting ``section 
                10101 of the Elementary and Secondary Education Act of 
                1965;
                    (C) in paragraph (22), by striking ``section 
                1471(21) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 2891(21))'' and inserting ``section 
                10101 of the Elementary and Secondary Education Act of 
                1965''; and
                    (D) in paragraph (28), by striking ``section 
                1471(23) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 2891(23))'' and inserting ``section 
                10101 of the Elementary and Secondary Education Act of 
                1965'';
            (2) in subparagraph (B) of section 112(b)(2), by inserting 
        ``or its successor authority'' after ``(20 U.S.C. 2711 et 
        seq.)''; and
            (3) in subsection (b) of section 115A, by inserting ``, as 
        in effect on the day preceding the date of enactment of the 
        Improving America's Schools Act of 1994'' after ``(20 U.S.C. 
        2727(b))''.
    (k) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 is 
amended--
            (1) in section 202(b)(4)(A)(i), by striking ``paragraphs 
        (8) and (21), respectively, of section 1471 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 2891 (8) and 
        (21))'' and inserting ``section 10101 of the Elementary and 
        Secondary Education Act of 1965''; and
            (2) in subparagraph (B) of section 504(b)(2), by striking 
        ``section 1471(12)'' and inserting ``section 10101''.
    (l) School-To-Work Opportunities Act of 1994.--The School-to-Work 
Opportunities Act of 1994 is amended--
            (1) in paragraph (15) of section 4, by striking ``section 
        602(17)'' and inserting ``section 602(a)(17)''; and
            (2) in subsection (b) of section 502, by amending 
        paragraphs (1) through (6) to read as follows:
            ``(1) title I of the Elementary and Secondary Education Act 
        of 1965;
            ``(2) part A of title II of the Elementary and Secondary 
        Education Act of 1965;
            ``(3) part A of title V of the Elementary and Secondary 
        Education Act of 1965;
            ``(4) part B of title IX of the Elementary and Secondary 
        Education Act of 1965;
            ``(5) title XIII of the Elementary and Secondary Education 
        Act of 1965; and
            ``(6) the Carl D. Perkins Vocational and Applied Technology 
        Education Act.''.
    (m) Social Security Act.--Paragraph (7) of section 402(g) of the 
Social Security Act (42 U.S.C. 602(g)(7)) is amended by striking 
``chapter 1 of the Education Consolidation and Improvement Act of 
1981'' and inserting ``title I of the Elementary and Secondary 
Education Act of 1965''.
    (n) State Dependent Care Development Grants Act.--Section 670G of 
the State Dependent Care Development Grants Act (42 U.S.C. 9877) is 
amended--
            (1) in paragraph (6), by striking ``section 198(a)(10)'' 
        and inserting ``section 10101 of the Elementary and Secondary 
        Education Act of 1965''; and
            (2) in paragraph (11), by striking ``section 198(a)(17)'' 
        and inserting ``section 10101''.
    (o) Tribally Controlled Schools Act of 1988.--The Tribally 
Controlled Schools Act of 1988 is amended--
            (1) in subparagraph (C) of section 5204(a)(3), by striking 
        ``chapter 1 of''; and
            (2) in section 5205--
                    (A) in subparagraph (A) of subsection (a)(3), by 
                striking ``chapter 1 of''; and
                    (B) in subsection (b)--
                            (i) in subparagraph (A) of paragraph (2), 
                        by striking ``chapter 1 of''; and
                            (ii) in clause (i) of paragraph (3)(A), by 
                        striking ``chapter 1 of''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. DOCUMENTS TRANSMITTED TO CONGRESS.

    In documents transmitted to Congress explaining the President's 
budget request for the Special Education account, the Department of 
Education shall display amounts included in the request to offset the 
termination of part D of chapter 1 of title I of the Elementary and 
Secondary Education Act of 1965 by the Improving America's Schools Act 
of 1994.

SEC. 402. PARENTAL INVOLVEMENT.

    It is the policy of the Congress that the States, in cooperation 
with local educational agencies, schools, and parent groups, should be 
encouraged to involve parents of children who display criminal or 
violent behavior toward teachers, students, or others on school 
property in disciplinary actions affecting such children.

SEC. 403. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION 
              TRAINING FOR INCARCERATED YOUTH OFFENDERS.

    (a) Findings.--The Congress finds the following:
            (1) Over 150,000 youth offenders age 21 and younger are 
        incarcerated in the Nation's jails, juvenile facilities, and 
        prisons.
            (2) Most youth offenders who are incarcerated have been 
        sentenced as first-time adult felons.
            (3) Approximately 75 percent of youth offenders are high 
        school dropouts who lack basic literacy and life skills, have 
        little or no job experience, and lack marketable skills.
            (4) The average incarcerated youth has attended school only 
        through grade 10.
            (5) Most of these youths can be diverted from a life of 
        crime into productive citizenship with available educational, 
        vocational, work skills, and related service programs.
            (6) If not involved with educational programs while 
        incarcerated, almost all of these youths will return to a life 
        of crime upon release.
            (7) The average length of sentence for a youth offender is 
        about 3 years. Time spent in prison provides a unique 
        opportunity for education and training.
            (8) Even with quality education and training provided 
        during incarceration, a period of intense supervision, support, 
        and counseling is needed upon release to ensure effective 
        reintegration of youth offenders into society.
            (9) Research consistently shows that the vast majority of 
        incarcerated youths will not return to the public schools to 
        complete their education.
            (10) There is a need for alternative educational 
        opportunities during incarceration and after release.
    (b) Definition.--The term ``youth offender'' means a male or female 
offender under the age of 25, who is incarcerated in a State prison, 
including a prerelease facility.
    (c) Grant Program.--The Secretary shall establish a program in 
accordance with this section to provide grants to the States to assist 
and encourage incarcerated youths to acquire functional literacy, life, 
and job skills, through the pursuit of a postsecondary education 
certificate, or an associate of arts or bachelor's degree while in 
prison, and employment counseling and other related services which 
start during incarceration and continue through prerelease and while on 
parole.
    (d) Application.--To be eligible for a grant under this section, a 
State agency shall submit to the Secretary a proposal for a youth 
offender program that--
            (1) identifies the scope of the problem, including the 
        number of incarcerated youths in need of postsecondary 
        education and vocational training;
            (2) lists the accredited public or private educational 
        institution or institutions that will provide postsecondary 
        educational services;
            (3) lists the cooperating agencies, public and private, or 
        businesses that will provide related services, such as 
        counseling in the areas of career development, substance abuse, 
        health, and parenting skills;
            (4) describes the evaluation methods and performance 
        measures that the State will employ, provided that such methods 
        and measures are appropriate to meet the goals and objectives 
        of the proposal, and that they include measures of--
                    (A) program completion;
                    (B) student academic and vocational skill 
                attainment;
                    (C) success in job placement and retention; and
                    (D) recidivism;
            (5) describes how the proposed programs are to be 
        integrated with existing State correctional education programs 
        (such as adult education, graduate education degree programs, 
        and vocational training) and State industry programs;
            (6) addresses the educational needs of youth offenders who 
        are in alternative programs (such as boot camps); and
            (7) describes how students will be selected so that only 
        youth offenders eligible under subsection (f) will be enrolled 
        in postsecondary programs.
    (e) Program Requirements.--Each State agency receiving a grant 
under this section shall--
            (1) integrate activities carried out under the grant with 
        the objectives and activities of the school-to-work programs of 
        such State, including--
                    (A) work experience or apprenticeship programs;
                    (B) transitional worksite job training for 
                vocational education students that is related to the 
                occupational goals of such students and closely linked 
                to classroom and laboratory instruction;
                    (C) placement services in occupations that the 
                students are preparing to enter;
                    (D) employment-based learning programs; and
                    (E) programs that address State and local labor 
                shortages;
            (2) annually report to the Secretary and the Attorney 
        General on the results of the evaluations conducted using the 
        methods and performance measures contained in the proposal; and
            (3) provide to each State not more than $1,500 annually for 
        tuition, books, and essential materials, and not more than $300 
        annually for related services such as career development, 
        substance abuse counseling, parenting skills training, and 
        health education, for each eligible incarcerated youth.
    (f) Student Eligibility.--A youth offender shall be eligible for 
participation in a program receiving a grant under this section if the 
youth offender--
            (1) is eligible to be released within 5 years (including a 
        youth offender who is eligible for parole within such time); 
        and
            (2) is 25 years of age or younger.
    (g) Length of Participation.--A program receiving a grant under 
this section shall provide educational and related services to each 
participating youth offender for a period not to exceed 5 years, 1 year 
of which may be devoted to study in a graduate education degree program 
or to remedial education services for students who have obtained a high 
school diploma. Educational and related services shall start during the 
period of incarceration in prison or prerelease and may continue during 
the period of parole.
    (h) Education Delivery Systems.--Correctional education agencies 
and cooperating institutions shall, to the extent practicable, use 
high-tech applications in developing programs to meet the requirements 
and goals of this program.
    (i) Allocation of Funds.--From the amounts appropriated pursuant to 
subsection (j), the Secretary shall allot to each State an amount that 
bears the same relationship to such funds as the total number of 
eligible students in such State bears to the total number of eligible 
students in all States.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $18,000,000 for fiscal year 1995; and
            (2) such sums as may be necessary for fiscal year 1996 and 
        each fiscal year thereafter.

SEC. 404. LOCAL CONTROL OVER SCHOOL VIOLENCE.

    (a) In General.--In any school that receives Federal funds, if a 
student brings to or possesses on school property or at a school-
sponsored event a weapon as such term is defined in, and in 
contravention of, school policy, or has demonstrated life threatening 
behavior in the classroom or on school premises, then the student shall 
be subjected to the disciplinary actions as determined by the local 
educational agency.
    (b) Individuals With Disabilities.--Paragraph (3) of section 615(e) 
of the Act (20 U.S.C. 1415(e)(3)) is amended--
            (1) by striking ``During'' and inserting ``(A) Except as 
        provided in subparagraph (B), during'', and
            (2) by adding at the end the following new subparagraph:
            ``(B)(i) Except as provided in clause (iii), if the 
        proceedings conducted pursuant to this section involve a child 
        with a disability who brings to or possesses on school property 
        or at a school-sponsored event a weapon as such term is defined 
        in, and in contravention of, school policy, or a child with a 
        disability who has demonstrated life threatening behavior in 
        the classroom or on school premises, then the child may be 
        placed in an interim alternative educational setting for not 
        more than 90 days.
            ``(ii) The interim alternative educational setting 
        described in clause (i) shall be decided by the individuals 
        described in section 602(a)(20).
            ``(iii) If a parent or guardian of a child described in 
        clause (i) requests a due process hearing pursuant to paragraph 
        (2) of subsection (b), then the child shall remain in the 
        alternative educational setting described in such clause during 
        the pendency of any proceedings conducted pursuant to this 
        section, unless the parents and the local educational agency 
        agree otherwise.''.
    (c) Sunset Provision.--This section, and the amendments made by 
this section, shall be effective during the period beginning on the 
date of enactment of this Act and ending on the date of enactment of an 
Act (enacted after the date of the enactment of this Act) that 
reauthorizes the Individuals With Disabilities Education Act.
    (d) Definitions.--For the purposes of this section, the term ``life 
threatening behavior'' is defined as ``an injury involving a 
substantial risk of death; loss or substantial impairment of the 
function of a bodily member, organ, or mental faculty that is likely to 
be permanent; or an obvious disfigurement that is likely to be 
permanent.''.

SEC. 405. LOCAL CONTROL OVER VIOLENCE.

    (a) Amendments.--
            (1) In general.--In paragraph (3) of section 615(e) of the 
        Individuals with Disabilities Education Act (20 U.S.C. 
        1415(e)(3)) is amended--
            (A) by striking `During' and inserting `(A) Except as 
        provided in subparagraph (B), during'; and
            (B) by adding at the end the following new subparagraph:
            ``(B)(i) Except as provided in clause (iii), if the 
        proceedings conducted pursuant to this section involve a child 
        with a disability who is determined to have brought a weapon to 
        school under the jurisdiction of such agency, then the child 
        may be placed in an interim alternative educational setting for 
        not more than 90 days, consistent with State law.
            ``(ii) The interim alternative educational setting 
        described in clause (i) shall be decided by the individuals 
        described in section 602(a)(20).
            ``(iii) If a parent or guardian of a child described in 
        clause (i) requests a due process hearing pursuant to paragraph 
        (2) of subsection (b), then the child shall remain in the 
        alternative educational setting described in such clause during 
        the pendency of any proceedings conducted pursuant to this 
        section, unless the parents and the local educational agency 
        agree otherwise.''.
            (2) Effective date.--Paragraph (1) and the amendments made 
        by paragraph (1) shall be effective during the period beginning 
        on the date of enactment of this Act and ending on the date of 
        enactment of an Act (enacted after the date of the enactment of 
        this Act) that reauthorizes the Individuals with Disabilities 
        Education Act.
    (b) Nothing in the Individuals with Disabilities Education Act 
shall supersede the provisions of the Gun-Free Schools Act (section 
17001 of the Elementary and Secondary Education Act) when the child's 
behavior is unrelated to his or her disability.

SEC. 406. PROHIBITION AGAINST FUNDS FOR HOMOSEXUAL SUPPORT.

    (a) Prohibition.--No local educational agency that receives funds 
under this Act shall implement or carry out a program or activity that 
has either the purpose or effect of encouraging or supporting 
homosexuality as a positive lifestyle alternative.
    (b) Definition.--A program or activity, for purposes of this 
section, includes the distribution of instructional materials, 
instruction, counseling, or other services on school grounds, or 
referral of a pupil to an organization that affirms a homosexual 
lifestyle.
    (c) Effective Date.--The provisions of this section shall take 
effect one day following the enactment of this Act.

SEC. 407. YOUTH PROGRAMS LIMITATION.

    None of the funds authorized under this Act shall be used to 
develop materials or programs directed at youth that are designed to 
directly promote or encourage sexual activity, whether homosexual or 
heterosexual.

SEC. 408. LIMITATION.

    None of the funds authorized to be appropriated under this Act may 
be used to make condoms available in a public school.

SEC. 409. CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION 
              ACT.

    Notwithstanding any other provision of law, beginning on June 1, 
1994, and ending on the date of enactment of an Act reauthorizing the 
Carl D. Perkins Vocational and Applied Technology Education Act (20 
U.S.C. 2301 et seq.), the Secretary shall not issue any new final 
regulations to implement such Act.

SEC. 410. THERAPEUTIC MODEL DEMONSTRATION SCHOOLS.

    (a) Authorization.--
            (1) In general.--The Secretary of the Interior, acting 
        through the Bureau of Indian Affairs, is authorized to 
        establish demonstration schools based on the therapeutic model 
        described in this section, to provide services necessary to 
        achieve positive changes in the attitudes, behavior, and 
        academic performance of Indian youth attending off-reservation 
        boarding schools.
            (2) Purpose.--The purpose of the therapeutic model 
        demonstration schools shall be--
                    (A) to provide a program, based on an annual 
                written plan, linking clinicians, counselors, and 
                mental health professionals with academic program 
                personnel in a culturally sensitive residential program 
                tailored to the particular needs of Indian students;
                    (B) to provide for a continued evaluation of the 
                planning and implementation of the therapeutic model in 
                the designated schools; and
                    (C) to determine what steps the Bureau of Indian 
                Affairs must take and what resources are required to 
                transform existing off-reservation boarding schools to 
                meet the needs of chemically dependent, emotionally 
                disturbed, socially troubled, or other at-risk Indian 
                youth who attend such schools.
    (b) Location.--The Secretary shall initiate the therapeutic model 
at two schools in school years 1994 through 1996, and shall give 
priority to--
            (1) one school that is the recipient of a grant under 
        section 5204 of the August F. Hawkins-Robert T. Stafford 
        Elementary and Secondary School Improvement Amendments of 1988 
        during the 1994-1995 school year; and
            (2) one school operated by the Bureau of Indian Affairs 
        during the 1995-1996 school year.
    (c) Services.--The demonstration schools shall provide an 
integrated residential environment that may include--
            (1) mental health services;
            (2) education;
            (3) recreation therapy;
            (4) social service programs;
            (5) substance abuse education and prevention; and
            (6) other support services for aftercare.
    (d) Staffing.--The demonstration schools shall be staffed with 
health and social service professionals, and educators, and may 
include, but not be limited to--
            (1) clinical psychologists;
            (2) child psychologists;
            (3) substance abuse counselors;
            (4) social workers; and
            (5) health educators.
    (e) Enrollment.--Notwithstanding any other provision of law, the 
Secretary of the Interior may limit the enrollment at the demonstration 
schools.
    (f) Assistance.--The Secretary is authorized to enter into 
agreements with other organizations and agencies, including the Indian 
Health Service, to carry out this section.
    (g) Report.--Not later than July 31 of each year, the Secretary of 
the Interior shall submit a report to the Committee on Indian Affairs 
of the Senate and the Committee on Education and Labor of the House of 
Representatives on the progress of the Department of the Interior in 
the development of the demonstration schools.

SEC. 411. CRIMINAL HISTORY INVESTIGATIONS OF SCHOOL BUS DRIVERS.

    (a) Requirement for Investigations.--(1) Notwithstanding any other 
provision of law, a local educational agency may not employ a person as 
a driver of a school bus of or on behalf of the agency until the agency 
conducts a background check under procedures that meet the guidelines 
set forth in section 3(b) of the National Child Protection Act of 1993 
(Public Law 103-209; 107 Stat. 2491; 42 U.S.C. 5119a(b)).
    (2) Subject to paragraph (3), the prohibition set forth in 
paragraph (1) shall take effect on the date of the enactment of this 
Act.
    (b) Interim Requirement.--Prior to the establishment of the 
procedures referred to in subsection (a)(1), or a State's participation 
in the procedures referred to in subsection (a)(1), local educational 
agencies shall conduct a fingerprint based check through the criminal 
history files maintained by the Criminal Justice Information Services 
Division of the Federal Bureau of Investigation.
    (c) Definition.--In this section, the term ``local educational 
agency'' has the meaning given such term in section 10101 of the 
Elementary and Secondary Education Act of 1965, as amended by title I 
of this Act.

SEC. 412. RATE OF PAY FOR THE DEPUTY DIRECTOR OF THE NATIONAL INSTITUTE 
              ON DISABILITY AND REHABILITATION RESEARCH.

    Notwithstanding section 202(c)(2) of the Rehabilitation Act of 1973 
(29 U.S.C. 761a(c)(2)), the Secretary of Education is authorized to 
compensate anyone appointed during calendar year 1994 to be the Deputy 
Director of the National Institute on Disability and Rehabilitation 
Research at the rate of pay for level 5 of the Senior Executive Service 
Schedule.

             TITLE V--WORKERS TECHNOLOGY SKILL DEVELOPMENT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Workers Technology Skill 
Development Act''.

SEC. 502. FINDINGS.

    Congress finds and declares the following:
            (1) In an increasingly competitive world economy, the 
        companies and nations that lead in the rapid development, 
        commercialization, and application of new and advanced 
        technologies, and in the high-quality, competitively priced 
        production of goods and services, will lead in economic growth, 
        employment, and high living standards.
            (2) While the United States remains the world leader in 
        science and invention, it has not done well in rapidly making 
        the transition from achievement in its research laboratories to 
        high-quality, competitively priced production of goods and 
        services. This lag and the unprecedented competitive challenge 
        that the United States has faced from abroad have contributed 
        to a drop in real wages and living standards.
            (3) Companies that are successfully competitive in the 
        rapid development, commercialization, application, and 
        implementation of advanced technologies, and in the successful 
        delivery of goods and services, recognize that worker 
        participation and labor-management cooperation in the 
        deployment, application, and implementation of advanced 
        workplace technologies make an important contribution to high-
        quality, competitively priced production of goods and services 
        and in maintaining and improving real wages for workers.
            (4) The Federal Government has an important role in 
        encouraging and augmenting private sector efforts relating to 
        the development, application, manufacture, and deployment of 
        new and advanced technologies. The role should be to--
                    (A) work with private companies, States, worker 
                organizations, nonprofit organizations, and 
                institutions of higher education to ensure the 
                development, application, production, and 
                implementation of new and advanced technologies to 
                promote the improvement of workers' skills, wages, job 
                security, and working conditions, and a healthy 
                environment;
                    (B) encourage worker and worker organization 
                participation in the development, commercialization, 
                evaluation, selection, application, and implementation 
                of new and advanced technologies in the workplace; and
                    (C) promote the use and integration of new and 
                advanced technologies in the workplace that enhance 
                workers' skills.
            (5) In working with the private sector to promote the 
        technological leadership and economic growth of the United 
        States, the Federal Government has a responsibility to ensure 
        that Federal technology programs help the United States to 
        remain competitive and to maintain and improve living standards 
        and to create and retain secure jobs in economically stable 
        communities.

SEC. 503. PURPOSES.

    The purposes of this title are to--
            (1) improve the ability of workers and worker organizations 
        to recognize, develop, assess, and improve strategies for 
        successfully integrating workers and worker organizations into 
        the process of evaluating, selecting, and implementing advanced 
        workplace technologies, and advanced workplace practices in a 
        manner that creates and maintains stable well-paying jobs for 
        workers; and
            (2) assist workers and worker organizations in developing 
        the expertise necessary for effective participation with 
        employers in the development of strategies and programs for the 
        successful evaluation, selection, and implementation of 
        advanced workplace technologies and advanced workplace 
        practices through the provision of a range of education, 
        training, and related services.

SEC. 504. DEFINITIONS.

    As used in this title:
            (1) Advanced workplace practices.--The term ``advanced 
        workplace practices'' means innovations in work organization 
        and performance, including high-performance workplace systems, 
        flexible production techniques, quality programs, continuous 
        improvement, concurrent engineering, close relationships 
        between suppliers and customers, widely diffused decisionmaking 
        and work teams, and effective integration of production 
        technology, worker skills and training, and workplace 
        organization, and such other characteristics as determined 
        appropriate by the Secretary of Labor, in consultation with the 
        Secretary of Commerce.
            (2) Advanced workplace technologies.--The term ``advanced 
        workplace technologies'' includes--
                    (A) numerically controlled machine tools, robots, 
                automated process control equipment, computerized 
                flexible manufacturing systems, associated computer 
                software, and other technology for improving the 
                manufacturing and industrial production of goods and 
                commercial services, which advance the state-of-the-
                art; or
                    (B) novel industrial and commercial techniques and 
                processes not previously generally available that 
                improve quality, productivity, and practices, including 
                engineering design, quality assurance, concurrent 
                engineering, continuous process production technology, 
                inventory management, upgraded worker skills, 
                communications with customers and suppliers, and 
                promotion of sustainable economic growth.
            (3) Department.--The term ``Department'' means the 
        Department of Labor.
            (4) Nonprofit organization.--The term ``nonprofit 
        organization'' means a tax-exempt organization, as described in 
        paragraph (3), (4), or (5) of section 501(c) of the Internal 
        Revenue Code of 1986.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (6) Worker organization.--The term ``worker organization'' 
        means a labor organization within the meaning of section 
        501(c)(5) of the Internal Revenue Code of 1986.

SEC. 505. GRANTS.

    (a) In General.--The Secretary of Labor, after consultation with 
the Secretary of Commerce, shall, to the extent appropriations are 
available, award grants to eligible entities to carry out the purposes 
described in section 503.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            (1) be a nonprofit organization, or a partnership 
        consortium of such institutions or organizations;
            (2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require, including a description of the 
        activities that the entity will carry out using amounts 
        received under the grant; and
            (3) agree to make available (directly or through donations 
        from public or private entities) non-Federal contributions 
        toward the costs of the activities to be conducted with grant 
        funds, in an amount equal to the amount required under 
        subsection (d).
    (c) Use of Amounts.--An entity shall use amounts received under a 
grant awarded under this section to carry out the purposes described in 
section 503 through activities such as--
            (1) the dissemination of information to workers, worker 
        organizations, employers, State economic development agencies, 
        State industrial extension programs, Advanced Technology 
        Centers, and National Manufacturing Technology Centers 
        regarding successful practices relating to the effective 
        deployment of advanced workplace technologies, and advanced 
        workplace practices;
            (2) the provision of technical assistance to workers, 
        worker organizations, employers, State economic development 
        agencies, State industrial extension programs, Advanced 
        Technology Centers, and National Manufacturing Technology 
        Centers to identify advanced workplace practices and strategies 
        that enhance the effective evaluation, selection, and 
        implementation of advanced workplace technologies;
            (3) the researching and identification of new and advanced 
        workplace technologies, and advanced workplace practices that 
        promote the improvement of workers' skills, wages, working 
        conditions, and job security, that research the link between 
        advanced workplace practices and long-term corporate 
        performance, and that are consistent with the needs of local 
        communities and the need for a healthy environment; and
            (4) the development and dissemination of training programs 
        and materials relating to the services provided pursuant to 
        paragraphs (1) through (3).
    (d) Terms of Grants and Non-Federal Shares.--
            (1) Terms.--Grants awarded under this section shall be for 
        a term not to exceed 6 years.
            (2) Non-federal share.--Amounts required to be contributed 
        by an entity under subsection (b)(3) shall equal--
                    (A) an amount equal to 15 percent of the amount 
                provided under the grant in the first year for which 
                the grant is awarded;
                    (B) an amount equal to 20 percent of the amount 
                provided under the grant in the second year for which 
                the grant is awarded;
                    (C) an amount equal to 33 percent of the amount 
                provided under the grant in the third year for which 
                the grant is awarded;
                    (D) an amount equal to 40 percent of the amount 
                provided under the grant in the fourth year for which 
                the grant is awarded; and
                    (E) an amount equal to 50 percent of the amount 
                provided under the grant in the fifth and sixth years 
                for which the grant is awarded.
    (e) Evaluation.--The Department shall develop mechanisms for 
evaluating the effectiveness of the use of a grant awarded under this 
section in carrying out the purposes under section 503 and, not later 
than 2 years after the date of enactment of this Act, and every 2 years 
thereafter, prepare and submit a report to Congress concerning such 
evaluation.

SEC. 506. IDENTIFICATION AND DISSEMINATION OF BEST PRACTICES.

    (a) In General.--
            (1) Information.--The Secretary, in cooperation and after 
        consultation with the Secretary of Commerce, shall assist 
        workers, worker organizations, and employers in successfully 
        adopting advanced workplace technologies, and advanced 
        workplace practices by identifying, collecting, and 
        disseminating information on best workplace practices and 
        workplace assessment tools, including--
                    (A) methods, techniques, and successful models of 
                labor-management cooperation and of worker and worker 
                organization participation in the development, 
                evaluation, selection, and implementation of new and 
                advanced workplace technologies, and advanced workplace 
                practices;
                    (B) methods, techniques, and successful models for 
                the design and implementation of new and advanced 
                workplace practices;
                    (C) methods, techniques, and successful models for 
                the design and implementation of advanced forms of work 
                organization; and
                    (D) methods, techniques, and successful models for 
                the assessment of worker skills and training needs 
                relating to the effective development, evaluation, 
                selection, and implementation of advanced workplace 
                technologies, and advanced workplace practices.
            (2) Contents.--Such information on best workplace practices 
        shall include--
                    (A) summaries and analyses of best practice cases;
                    (B) criteria for assessment of current workplace 
                practices; and
                    (C) information on the best available education and 
                training materials and services relating to the 
                development, implementation, and operation of systems 
                utilizing new and advanced workplace technologies, and 
                advanced workplace practices.
    (b) Distribution.--The information and materials developed under 
this section shall be distributed through an appropriate entity 
designated by the Secretary of Commerce to the Regional Centers for the 
Transfer of Manufacturing Technology, to the Manufacturing Outreach 
Center, to other technology training entities, and directly to others 
as determined appropriate by the Secretary of Labor and the Secretary 
of Commerce.

SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title such sums as may be necessary for each of the fiscal 
years 1995 through 1997.
    (b) Availability.--Amounts appropriated under subsection (a) shall 
remain available until expended.

                    TITLE VI--MULTIETHNIC PLACEMENT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Multiethnic Placement Act of 
1994''.

SEC. 602. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) nearly 500,000 children are in foster care in the 
        United States;
            (2) tens of thousands of children in foster care are 
        waiting for adoption;
            (3) 2 years and 8 months is the median length of time that 
        children wait to be adopted;
            (4) child welfare agencies should work to eliminate racial, 
        ethnic, and national origin discrimination and bias in adoption 
        and foster care recruitment, selection, and placement 
        procedures; and
            (5) active, creative, and diligent efforts are needed to 
        recruit parents, from every race and culture, for children 
        needing foster care or adoptive parents.
    (b) Purpose.--It is the purpose of this title to decrease the 
length of time that children wait to be adopted and to prevent 
discrimination in the placement of children on the basis of race, 
color, or national origin.

SEC. 603. MULTIETHNIC PLACEMENTS.

    (a) Activities.--
            (1) Prohibition.--An agency, or entity, that receives 
        Federal assistance and is involved in adoption or foster care 
        placements may not--
                    (A) categorically deny to any person the 
                opportunity to become an adoptive or a foster parent, 
                solely on the basis of the race, color, or national 
                origin of the adoptive or foster parent, or the child, 
                involved; or
                    (B) delay or deny the placement of a child for 
                adoption or into foster care, or otherwise discriminate 
                in making a placement decision, solely on the basis of 
                the race, color, or national origin of the adoptive or 
                foster parent, or the child, involved.
            (2) Permissible consideration.--An agency or entity to 
        which paragraph (1) applies may consider the race, color, or 
        national origin of a child as a factor in making a placement 
        decision if such factor is relevant to the best interests of 
        the child involved and is considered in conjunction with other 
        factors.
            (3) Definition.--As used in this subsection, the term 
        ``placement decision'' means the decision to place, or to delay 
        or deny the placement of, a child in a foster care or an 
        adoptive home, and includes the decision of the agency or 
        entity involved to seek the termination of birth parent rights 
        or otherwise make a child legally available for adoptive 
        placement.
    (b) Limitation.--The Secretary of Health and Human Services shall 
not provide placement and administrative funds under section 474(a)(3) 
of the Social Security Act (42 U.S.C. 674(a)(3)) to an agency or entity 
described in subsection (a) that is not in compliance with subsection 
(a).
    (c) Equitable Relief.--Any individual who is aggrieved by an action 
in violation of subsection (a), taken by an agency or entity described 
in subsection (a), shall have the right to bring an action seeking 
relief in a United States district court of appropriate jurisdiction.
    (d) Construction.--Nothing in this section shall be construed to 
affect the application of the Indian Child Welfare Act of 1978 (25 
U.S.C. 1901 et seq.).

    TITLE VII--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Albert Einstein Distinguished 
Educator Fellowship Act of 1994''.

SEC. 702. FINDINGS.

    The Congress finds that--
            (1) the Department of Energy has unique and extensive 
        mathematics and science capabilities that contribute to 
        mathematics and science education programs throughout the 
        Nation;
            (2) a need exists to increase understanding, communication, 
        and cooperation between the Congress, the Department of Energy, 
        other Federal agencies, and the mathematics and science 
        education community;
            (3) elementary and secondary school mathematics and science 
        teachers can provide practical insight to the Legislative and 
        Executive branches in establishing and operating education 
        programs; and
            (4) a pilot program that placed elementary and secondary 
        school mathematics and science teachers in professional staff 
        positions in the Senate and the House of Representatives has 
        proven successful and demonstrated the value of expanding the 
        program.

SEC. 703. PURPOSE; DESIGNATION.

    (a) Purpose.--The purpose of this title is to establish within the 
Department of Energy a national fellowship program for elementary and 
secondary school mathematics and science teachers.
    (b) Designation.--A recipient of a fellowship under this title 
shall be known as an ``Albert Einstein Fellow''.

SEC. 704. DEFINITIONS.

    As used in this title--
            (1) the term ``elementary school'' has the meaning provided 
        by section 10101(11) of the Elementary and Secondary Education 
        Act of 1965, as amended by title I of this Act;
            (2) the term ``local educational agency'' has the meaning 
        provided by section 10101(15) of the Elementary and Secondary 
        Education Act of 1965, as so amended;
            (3) the term ``secondary school'' has the meaning provided 
        by section 10101(21) of the Elementary and Secondary Education 
        Act of 1965, as so amended; and
            (4) the term ``Secretary'' means the Secretary of Energy.

SEC. 705. FELLOWSHIP PROGRAM.

    (a) In General.--
            (1) Establishment.--The Secretary shall establish the 
        Albert Einstein Distinguished Educator Fellowship Program 
        (referred to in this title as the ``Program'') to provide 12 
        elementary or secondary school mathematics or science teachers 
        with fellowships in each fiscal year in accordance with this 
        title.
            (2) Order of priority.--The Secretary may reduce the number 
        of fellowships awarded under this title for any fiscal year in 
        which the amount appropriated for the Program is insufficient 
        to support 12 fellowships. If the number of fellowships awarded 
        under this title is reduced for any fiscal year, then the 
        Secretary shall award fellowships based on the following order 
        of priority:
                    (A) Three fellowships in the Department of Energy.
                    (B) Two fellowships in the Senate.
                    (C) Two fellowships in the House of 
                Representatives.
                    (D) One fellowship in each of the following 
                entities:
                            (i) The Department of Education.
                            (ii) The National Institutes of Health.
                            (iii) The National Science Foundation.
                            (iv) The National Aeronautics and Space 
                        Administration.
                            (v) The Office of Science and Technology 
                        Policy.
            (3) Terms of fellowships.--Each fellowship awarded under 
        this title shall be awarded for a period of ten months that, to 
        the extent practicable, coincides with the academic year.
            (4) Eligibility.--To be eligible for a fellowship under 
        this title, an elementary or secondary school mathematics or 
        science teacher must demonstrate--
                    (A) that such teacher would bring unique and 
                valuable contributions to the Program;
                    (B) that such teacher is recognized for excellence 
                in mathematics or science education; and
                    (C)(i) a sabbatical leave from teaching will be 
                granted in order to participate in the Program; or
                    (ii) the teacher will return to a teaching position 
                comparable to the position held prior to participating 
                in the Program.
    (b) Administration.--The Secretary shall--
            (1) provide for the development and administration of an 
        application and selection process for fellowships under the 
        Program, including a process whereby final selections of 
        fellowship recipients are made in accordance with subsection 
        (c);
            (2) provide for the publication of information on the 
        Program in appropriate professional publications, including an 
        invitation for applications from teachers listed in the 
        directories of national and State recognition programs;
            (3) select from the pool of applicants 12 elementary and 
        secondary school mathematics teachers and 12 elementary and 
        secondary school science teachers;
            (4) develop a program of orientation for fellowship 
        recipients under this title; and
            (5) not later than August 31 of each year in which 
        fellowships are awarded, prepare and submit an annual report 
        and evaluation of the Program to the appropriate Committees of 
        the Senate and the House of Representatives.
    (c) Selection.--
            (1) In general.--The Secretary shall arrange for the 24 
        semifinalists to travel to Washington, D.C., to participate in 
        interviews in accordance with the selection process described 
        in paragraph (2).
            (2) Final selection.--(A) Not later than May 1 of each year 
        preceding each year in which fellowships are to be awarded, the 
        Secretary shall select and announce the names of the fellowship 
        recipients.
            (B) The Secretary shall provide for the development and 
        administration of a process to select fellowship recipients 
        from the pool of semifinalists as follows:
                    (i) The Secretary shall select three fellowship 
                recipients who shall be assigned to the Department of 
                Energy.
                    (ii) The Majority Leader of the Senate and the 
                Minority Leader of the Senate, or their designees, 
                shall each select a fellowship recipient who shall be 
                assigned to the Senate.
                    (iii) The Speaker of the House of Representatives 
                and the Minority Leader of the House of 
                Representatives, or their designees, shall each select 
                a fellowship recipient who shall be assigned to the 
                House of Representatives.
                    (iv) Each of the following individuals, or their 
                designees, shall select one fellowship recipient who 
                shall be assigned within the department, office, 
                agency, or institute such individual administers:
                            (I) The Secretary of Education.
                            (II) The Director of the National 
                        Institutes of Health.
                            (III) The Director of the National Science 
                        Foundation.
                            (IV) The Administrator of the National 
                        Aeronautics and Space Administration.
                            (V) The Director of the Office of Science 
                        and Technology Policy.

SEC. 706. FELLOWSHIP AWARDS.

    (a) Fellowship Recipient Compensation.--Each recipient of a 
fellowship under this title shall be paid during the fellowship period 
at a rate of pay that shall not exceed the minimum annual rate payable 
for a position under GS-13 of the General Schedule.
    (b) Local Educational Agency.--The Secretary shall seek to ensure 
that no local educational agency penalizes a teacher who elects to 
participate in the Program.

SEC. 707. WASTE MANAGEMENT EDUCATION RESEARCH CONSORTIUM (WERC).

    The Secretary is authorized to establish a partnership of 
Department of Energy laboratories, academic institutions, and private 
sector industries to conduct environmentally related education 
programs, including programs involving environmentally conscious 
manufacturing and waste management activities that have undergraduate 
and graduate educational training as a component.

SEC. 708. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for the 
Program $700,000 for fiscal year 1995, and such sums as may be 
necessary for each of the fiscal years 1996 through 2001.
    (b) WERC Program.-- There are authorized to be appropriated for the 
WERC program under section 707 such sums as may be necessary for each 
of the fiscal years 1996 through 2001.

                     TITLE VIII--1994 INSTITUTIONS

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Equity in Educational Land-Grant 
Status Act of 1994''.

SEC. 802. DEFINITION.

    As used in this title, the term ``1994 Institutions'' means any one 
of the following colleges:
            (1) Bay Mills Community College.
            (2) Blackfeet Community College.
            (3) Cheyenne River Community College.
            (4) D-Q University.
            (5) Dullknife Memorial College.
            (6) Fond Du Lac Community College.
            (7) Fort Belknap Community College.
            (8) Fort Berthold Community College.
            (9) Fort Peck Community College.
            (10) LacCourte Orielles Ojibwa Community College.
            (11) Little Big Horn Community College.
            (12) Little Hoop Community College.
            (13) Nebraska Indian Community College.
            (14) Northwest Indian College.
            (15) Oglala Lakota College.
            (16) Salish Kootenai College.
            (17) Sinte Gleska University.
            (18) Sisseton Wahpeton Community College.
            (19) Standing Rock College.
            (20) Stonechild Community College.
            (21) Turtle Mountain Community College.
            (22) Navajo Community College.
            (23) United Tribes Technical College.
            (24) Southwest Indian Polytechnic Institute.
            (25) Institute of American Indian and Alaska Native Culture 
        and Arts Development.
            (26) Crownpoint Institute of Technology.
            (27) Haskell Indian Junior College.
            (28) Leech Lake Tribal College.
            (29) College of the Menominee Nation.

SEC. 803. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.

    (a) In General.--
            (1) Status of 1994 institutions.--Except as provided in 
        paragraph (2), 1994 Institutions shall be considered land-grant 
        colleges established for the benefit of agriculture and the 
        mechanic arts in accordance with the provisions of the Act of 
        July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.).
            (2) 1994 institutions.--(A) 1994 Institutions shall not be 
        considered as land-grant colleges that are eligible to receive 
        funding under--
                    (i) the Act of March 2, 1887 (24 Stat. 440, chapter 
                314; 7 U.S.C. 361a et seq.);
                    (ii) the Act of May 8, 1914 (38 Stat. 373, chapter 
                79; 7 U.S.C. 343), except as provided under section 
                3(b)(3) of such Act (as added by section 804(b)(1) of 
                this title); or
                    (iii) the Act of August 3, 1890 (26 Stat. 417, 
                chapter 841; 7 U.S.C. 322 et seq.).
            (B) In lieu of receiving donations under the provisions of 
        the Act of July 2, 1862, relating to the donations of public 
        land or scrip for the endowment and maintenance of colleges for 
        the benefit of agriculture and the mechanic arts, 1994 
        Institutions shall receive funding pursuant to the 
        authorization under subsection (b).
    (b) Authorization of Appropriations.--For each of fiscal years 1996 
through 2000, there are authorized to be appropriated $4,600,000. 
Amounts appropriated pursuant to this section shall be held and 
considered to have been granted to 1994 Institutions to establish an 
endowment pursuant to subsection (c).
    (c) Endowment.--
            (1) In general.--In accordance with this subsection, the 
        Secretary of the Treasury shall establish a 1994 Institutions 
        Endowment Fund (referred to in this subsection as the 
        ``endowment fund''). The Secretary may enter into such 
        agreements as are necessary to carry out this subsection.
            (2) Deposit to the endowment fund.--The Secretary shall 
        deposit in the endowment fund any--
                    (A) amounts made available by appropriations 
                pursuant to subsection (b) (referred to in this 
                subsection as the ``endowment fund corpus''); and
                    (B) interest earned on the endowment fund corpus.
            (3) Investments.--The Secretary shall invest the endowment 
        fund corpus and income in interest-bearing obligations of the 
        United States.
            (4) Withdrawals and expenditures.--The Secretary may not 
        make a withdrawal or expenditure from the endowment fund 
        corpus. On the termination of each fiscal year, the Secretary 
        shall withdraw the amount of income from the endowment fund for 
        the fiscal year, and after making adjustments for the cost of 
        administering the endowment fund, distribute the adjusted 
        income as follows:
                    (A) 60 percent of the adjusted income shall be 
                distributed among the 1994 Institutions on a pro rata 
                basis. The proportionate share of the adjusted income 
                received by a 1994 Institution under this subparagraph 
                shall be based on the Indian student count (as defined 
                in section 390(3) of the Carl D. Perkins Vocational 
                Education Act (20 U.S.C. 2397h(3)) for each Institution 
                for the fiscal year.
                    (B) 40 percent of the adjusted income shall be 
                distributed in equal shares to the 1994 Institutions.

SEC. 804. APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--For fiscal year 1996, and for each fiscal 
        year thereafter, there are authorized to be appropriated to the 
        Department of the Treasury an amount equal to--
                    (A) $50,000; multiplied by
                    (B) the number of 1994 Institutions.
            (2) Payments.--For each fiscal year, the Secretary of the 
        Treasury shall pay to the treasurer of each 1994 Institution an 
        amount equal to--
                    (A) the total amount made available by 
                appropriations pursuant to paragraph (1); divided by
                    (B) the number of 1994 Institutions.
            (3) Use of funds; requirements.--The amounts authorized to 
        be appropriated under this subsection shall be used in the same 
        manner as is prescribed for colleges under the Act of August 
        30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322 et seq.), 
        and, except as otherwise provided in this subsection, the 
        requirements of such Act shall apply to 1994 Institutions.
    (b) Funding.--Section 3 of the Act of May 8, 1914 (38 Stat. 373, 
chapter 79; 7 U.S.C. 343) is amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(3) There are authorized to be appropriated for the 
        fiscal year ending June 30, 1996, and for each fiscal year 
        thereafter, for payment on behalf of the 1994 Institutions (as 
        defined in section 802 of the Equity in Educational Land-Grant 
        Status Act of 1994), $5,000,000 for the purposes set forth in 
        section 2. Such sums shall be in addition to the sums 
        appropriated for the several States and Puerto Rico, the Virgin 
        Islands, and Guam under the provisions of this section. Such 
        sums shall be distributed on the basis of a competitive 
        application process to be developed and implemented by the 
        Secretary and paid by the Secretary to State institutions 
        established in accordance with the provisions of the Act of 
        July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.) 
        (other than 1994 Institutions) and administered by such 
        institutions through cooperative agreements with 1994 
        Institutions in the States of the 1994 Institutions in 
        accordance with regulations that the Secretary shall adopt.'';
            (2) by redesignating subsection (f) as subsection (g); and
            (3) by inserting after subsection (e) the following new 
        subsection:
    ``(f) There shall be no matching requirement for funds made 
available pursuant to subsection (b)(3).''.

SEC. 805. INSTITUTIONAL CAPACITY BUILDING GRANTS.

    (a) Definitions.--As used in this section:
            (1) Federal share.--The term ``Federal share'' means, with 
        respect to a grant awarded under subsection (b), the share of 
        the grant that is provided from Federal funds.
            (2) Non-federal share.--The term ``non-Federal share'' 
        means, with respect to a grant awarded under subsection (b), 
        the matching funds paid with funds other than funds referred to 
        in paragraph (1), as determined by the Secretary.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) In General.--
            (1) Institutional capacity building grants.--For each of 
        fiscal years 1996 through 2000, the Secretary shall make two or 
        more institutional capacity building grants to assist 1994 
        Institutions with constructing, acquiring, and remodeling 
        buildings, laboratories, and other capital facilities 
        (including fixtures and equipment) necessary to conduct 
        research more effectively in agriculture and sciences.
            (2) Requirements for grants.--The Secretary shall make 
        grants under this section--
                    (A) on the basis of a competitive application 
                process under which appropriate officials of 1994 
                Institutions may submit applications to the Secretary 
                in such form and manner as the Secretary may prescribe; 
                and
                    (B) in such manner as to ensure geographic 
                diversity with respect to the 1994 Institutions that 
                are the subject of the grants.
            (3) Demonstration of need.--The Secretary shall require, as 
        part of an application for a grant under this subsection, a 
        demonstration of need. The Secretary may only award a grant 
        under this subsection to an applicant that demonstrates a 
        failure to obtain funding for a project after making a 
        reasonable effort to otherwise obtain the funding.
            (4) Payment of non-federal share.--A grant awarded under 
        this subsection shall be made on the condition that the 
        recipient of the grant pay a non-Federal share in an amount 
        specified by the Secretary.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Agriculture to carry out this 
section, $1,700,000 for each of fiscal years 1996 through 2000.

            Attest:

                                                             Secretary.

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```