II

103D CONGRESS

1ST SESSION S. 1471

To provide financial assistance to eligible local educational agencies to improve

urban education, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 20 (legislative day, SEPTEMBER 7), 1993

Mr. WELLSTONE (for himself and Mr. SIMON) introduced the following bill;

which was read twice and referred to the Committee on Labor and

Human Resources

A BILL

To provide financial assistance to eligible local educational

agencies to improve urban education, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Urban Schools of America (USA) Act of 1993’’.

6 (b) TABLE OF CONTENTS.—The table of contents is

7 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Statement of purpose.

TITLE I—URBAN SCHOOL IMPROVEMENT

Sec. 101. Authorization.
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Sec. 102. Allocation of funds.

Sec. 103. Application required.

Sec. 104. Planning period.

Sec. 105. Uses of funds.

Sec. 106. Accountability.

Sec. 107. Incentive awards to exemplary programs.

Sec. 108. Regulatory assessment.

Sec. 109. Local advisory group.

Sec. 110. Special rules.

TITLE II—SCHOOL BUILDING REPAIR AND RENOVATION

Sec. 201. Purpose; authorization of appropriations.

Sec. 202. Allocation of funds.

Sec. 203. Application.

Sec. 204. Uses of funds.

TITLE III—URBAN SCHOOL RESEARCH

Sec. 301. Authorization.

Sec. 302. Assistant Secretary for Urban Education.

Sec. 303. Reservation; allotment; allocation.

Sec. 304. National Institute of Urban Education.

Sec. 305. Application.

Sec. 306. Uses of funds.

TITLE IV—GENERAL PROVISIONS

Sec. 401. Interagency Council on Urban Schools.

Sec. 402. White House Conference on Urban Education.

Sec. 403. Augustus F. Hawkins National Commission on Urban Education.

Sec. 404. Federal funds to supplement not supplant non-Federal funds.

Sec. 405. Definitions.

1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) the ability of the Nation’s major urban

4 school systems to meet the Nation’s educational

5 goals will determine the country’s economic competi6 tiveness and academic standing in the world commu7 nity;

8 (2) the quality of public education in the Na9 tion’s major urban areas has a direct effect on the

10 economic development of the Nation’s inner cities;
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1 (3) the success of urban schools in boosting the

2 achievement of its minority youth attending such

3 schools will determine the ability of the Nation to

4 close the gap between the ‘‘haves and have-nots’’ in

5 society;

6 (4) the cost to America’s businesses to provide

7 remedial education to secondary school graduates is

8 approximately $30,000,000,000 per year;

9 (5) approximately one-third of the Nation’s

10 work force will be minority by the year 2000;

11 (6) urban schools enroll a disproportionately

12 large share of the Nation’s poor and ‘‘at-risk’’

13 youth;

14 (7) urban schools enroll approximately one-third

15 of the Nation’s poor, 40 percent of the Nation’s Af16 rican-American children, and 30 percent of the Na17 tion’s Hispanic youth;

18 (8) nearly 20 percent of the Nation’s limited19 English proficient children and 15 percent of the

20 Nation’s disabled youth are enrolled in urban

21 schools;

22 (9) the academic performance of students in the

23 average inner-city public school system is below that

24 of students in most other kinds of school systems;
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1 (10) urban school systems have higher dropout

2 rates, more problems with health care and less

3 parental participation than other kinds of school

4 systems;

5 (11) urban preschoolers have one-half the ac6 cess to early childhood development programs as do

7 other children;

8 (12) shortages of teachers in urban school sys9 tems are 2.5 times greater than such shortages in

10 other kinds of school systems;

11 (13) declining numbers of urban minority sec12 ondary school graduates are pursuing postsecondary

13 educational opportunities;

14 (14) urban schools systems have greater prob15 lems with teen pregnancy, discipline, drug abuse and

16 gangs than do other kinds of school systems;

17 (15) 75 percent of urban school buildings are

18 over 25 years old, 33 percent of such buildings are

19 over 50 years old, and such buildings are often in

20 serious disrepair and create poor and demoralizing

21 working and learning conditions;

22 (16) solving the challenges facing our Nation’s

23 urban schools will require the concerted and collabo24 rative efforts of all levels of government and all sec25 tors of the community;
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1 (17) State and Federal funding of urban

2 schools has not adequately reflected need; and

3 (18) Federal funding that is well targeted, flexi4 ble and accountable would contribute significantly to

5 addressing the comprehensive needs of inner-city

6 schools.

7 SEC. 3. STATEMENT OF PURPOSE.

8 It is the purpose of this Act to provide financial as9 sistance to—

10 (1) assist urban schools in meeting National

11 Education Goals;

12 (2) improve the educational and social well

13 being of urban public school children;

14 (3) close the achievement gap between urban

15 and nonurban school children, while improving the

16 achievement level of all children nationally;

17 (4) renovate and repair urban school buildings

18 and facilities;

19 (5) conduct coordinated research on urban edu20 cation problems, solutions and promising practices;

21 (6) improve the Nation’s global economic and

22 educational competitiveness by improving the Na23 tion’s urban schools;
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1 (7) encourage community, parental and busi2 ness collaboration in the improvement of urban

3 schools; and

4 (8) review regulations whose simplification

5 might improve the achievement of urban school chil6 dren.

7 TITLE I—URBAN SCHOOL

8 IMPROVEMENT

9 SEC. 101. AUTHORIZATION.

10 There are authorized to be appropriated

11 $1,500,000,000 for fiscal year 1994, and such sums as

12 may be necessary for each of the fiscal years 1995, 1996,

13 1997, 1998, 1999, and 2000, to carry out the provisions

14 of this title.

15 SEC. 102. ALLOCATION OF FUNDS.

16 (a) RESERVATIONS.—

17 (1) Subject to paragraph (2), from the amount

18 appropriated or otherwise made available to carry

19 out the provisions of this title for any fiscal year, the

20 Secretary shall reserve 5 percent of such funds to

21 provide competitive awards in accordance with sec22 tion 107.

23 (2) Paragraph (1) shall not apply in the first

24 year in which funds are appropriated.
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1 (b) ALLOTMENTS.—From the remainder of the sums

2 not reserved under subsection (a), the Secretary shall allot

3 to each eligible local educational agency with an approved

4 application in each fiscal year an amount which bears the

5 same relationship to such funds as the amount such eligi6 ble local educational agency was allocated under sections

7 1005 and 1006 of the Elementary and Secondary Edu8 cation Act of 1965 in the preceding fiscal year bears to

9 the total amount received under such sections in such pre10 ceding fiscal year by all eligible local educational agencies.

11 (c) RESERVATION FOR COMMUNITY-BASED ORGANI12 ZATIONS AND NONPROFIT PARTNERSHIPS.—From the

13 amounts allotted under subsection (b) for any fiscal year,

14 each eligible local educational agency shall reserve not

15 more than 5 percent to make as many grants as prac16 ticable for the activities described in section 105 to—

17 (1) community-based organizations; or

18 (2) nonprofit partnerships between the eligible

19 local educational agency and city-wide collaboratives

20 of private sector businesses or universities.

21 (d) PAYMENTS.—

22 (1) IN GENERAL.—The Secretary shall annually

23 pay to each eligible local educational agency having

24 an application approved under section 103 the costs

25 of the activities described in the application.
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1 (2) PAYMENT REQUIREMENTS.—The Secretary

2 shall make annual payments only to eligible local

3 educational agencies that—

4 (A) comply with the provisions of section

5 106; and

6 (B) demonstrate to the satisfaction of the

7 Secretary that the data submitted pursuant to

8 section 106 shows progress toward meeting Na9 tional Education Goals.

10 (e) ADMINISTRATIVE COSTS.—Not more than 5 per11 cent of any allotment or grant made under this title may

12 be used for administrative costs.

13 SEC. 103. APPLICATION REQUIRED.

14 (a) APPLICATION REQUIRED.—

15 (1) LOCAL EDUCATIONAL AGENCIES.—

16 (A) IN GENERAL.—Any eligible local edu17 cational agency desiring to receive an allotment

18 from the Secretary to carry out the provisions

19 of this title shall—

20 (i) develop and prepare an application

21 with the local advisory group;

22 (ii) submit to the State educational

23 agency the application for review and com24 ment; and
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1 (iii) submit the application described

2 in clause (i) to the Secretary for approval.

3 (B) DURATION.—Except as provided in

4 section 106, the application described in clause

5 (i) may be for a period of not more than 3

6 years.

7 (2) COMMUNITY-BASED ORGANIZATIONS AND

8 NONPROFIT PARTNERSHIPS.—Any community-based

9 organization or nonprofit partnership referred to in

10 section 102(c) desiring to receive a grant from an el11 igible local educational agency pursuant to section

12 101(c) shall—

13 (A) prepare an application for approval by

14 the local advisory group and submit such appli15 cation to the eligible local educational agency;

16 (B) describe in the application the collabo17 rative efforts undertaken with the local edu18 cational agency in designing a program to meet

19 the purposes of the Act; and

20 (C) describe in the application how funds

21 will be used to help meet the education goals se22 lected by the local educational agency pursuant

23 to subsection (b).
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1 (b) CONTENTS OF LOCAL EDUCATIONAL AGENCY

2 APPLICATION.—Each application submitted by an eligible

3 local educational agency shall include a description of—

4 (1) the ranking of all schools in the eligible

5 local educational agency by achievement, poverty,

6 and racial isolation and how such schools will be

7 served in accordance with section 110(a);

8 (2) the community served by the eligible local

9 educational agency and the effects of the community

10 on the educational conditions within the schools

11 served by the eligible local educational agency;

12 (3) the collaboration in program planning with

13 the local advisory group described in section 109;

14 (4) the goals selected by the eligible local edu15 cational agency pursuant to section 106(b), the ra16 tionale for choosing such goals over others, and a

17 description of whether the goals selected differ be18 tween elementary and secondary schools within the

19 jurisdiction of the local educational agency;

20 (5) how funds received under this title will be

21 used to meet the National Education Goals selected

22 by the eligible local educational agency;

23 (6) how promising or successful models or pro24 grams will be replicated in designing activities as25 sisted under this title; and
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1 (7) the statistical indicators and other criteria

2 that the eligible local educational agency will use to

3 measure progress toward meeting National Edu4 cation Goals, and a description of what the local

5 educational agency has done to ensure that any as6 sessments used to measure such progress will not

7 have a negative effect on minority or language mi8 nority students.

9 SEC. 104. PLANNING PERIOD.

10 Any eligible local educational agency requiring addi11 tional planning efforts to meet the provisions of this title

12 may use the first 6 months of the initial program year

13 for planning purposes, subject to approval by the Sec14 retary, except that not more than 15 percent of the first

15 year’s allotment shall be used for such purposes. A written

16 report of the results of such planning shall be submitted

17 to the Secretary not later than the end of the first project

18 year.

19 SEC. 105. USES OF FUNDS.

20 (a) IN GENERAL.—Funds allotted under this title

21 shall be used by eligible local educational agencies, com22 munity-based organizations, or nonprofit partnerships to

23 meet National Education Goals through programs de24 signed to—
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1 (1) increase the academic achievement of urban

2 school children to at least the national average, in3 cluding—

4 (A) effective schools programs;

5 (B) tutoring, mentoring, and other activi6 ties to improve academic achievement directly;

7 (C) activities designed to increase the par8 ticipation of minority and female students in

9 entry level and advanced courses in mathe10 matics and science;

11 (D) supplementary academic instruction;

12 (E) efforts to improve problem-solving and

13 higher-order thinking skills;

14 (F) programs to increase student motiva15 tion for learning; and

16 (G) efforts to lengthen the school day,

17 school year or reduce class sizes;

18 (2) ensure the readiness of all urban children

19 for school, including—

20 (A) full workday, full calendar-year com21 prehensive early childhood development pro22 grams;

23 (B) parenting classes and parent involve24 ment activities;
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1 (C) activities designed to coordinate pre2 kindergarten and child care programs;

3 (D) efforts to integrate developmentally

4 appropriate prekindergarten services into the

5 overall school program;

6 (E) upgrading the qualifications of early

7 childhood education staff and standards for

8 programs;

9 (F) collaborative efforts with health and

10 social service agencies to provide comprehensive

11 services and to facilitate the transition from

12 home to school;

13 (G) establishment of comprehensive child

14 care centers in secondary schools for students

15 who are parents and their children; and

16 (H) augmenting early childhood develop17 ment programs to meet the special educational

18 and cultural needs of limited-English proficient

19 preschool children;

20 (3) increase the graduation rates of urban stu21 dents to at least the national average, including—

22 (A) dropout prevention activities and sup23 port services for students at-risk of dropping

24 out of school;
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1 (B) re-entry, outreach and support activi2 ties to recruit students who have dropped out of

3 school to return to school;

4 (C) development of systemwide policies and

5 practices that encourage students to stay in

6 school;

7 (D) efforts to provide individualized stu8 dent support, such as mentoring programs;

9 (E) collaborative activities between schools,

10 parents, community groups, agencies and insti11 tutions of higher education aimed at preventing

12 individuals from dropping out of school;

13 (F) programs to increase student attend14 ance; and

15 (G) alternative programs for students, es16 pecially bilingual and special education stu17 dents, who have dropped out of school or are

18 at-risk of dropping out of school;

19 (4) prepare urban school graduates to enter

20 higher education, pursue careers and exercise their

21 responsibilities as citizens, including—

22 (A) activities designed to increase the

23 number and percentages of students, particu24 larly minority students, enrolling in postsecond-
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1 ary educational institutions after graduation

2 from secondary schools;

3 (B) in-school youth employment, vocational

4 education, and career education programs that

5 improve the transition from school to work;

6 (C) activities designed in collaboration with

7 colleges and universities to assist urban school

8 graduates in completing higher education;

9 (D) efforts to increase voter registration

10 among eligible secondary school students;

11 (E) activities designed to promote commu12 nity service and volunteerism among students,

13 parents, teachers, and the community; and

14 (F) civic education and other programs de15 signed to enhance responsible citizenship and

16 understanding of the political process;

17 (5) recruit and retain qualified teachers, includ18 ing—

19 (A) school-based management projects and

20 activities;

21 (B) programs designed to test efforts to

22 increase the professionalization of teachers or to

23 bring teachers up to national voluntary stand24 ards;
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1 (C) alternative routes to certification for

2 qualified individuals from business, the military

3 and other fields;

4 (D) efforts to recruit and retain teachers

5 in critical shortage areas, including early child6 hood teachers, mathematics and science teach7 ers, and special education and bilingual teach8 ers;

9 (E) upgrading the skills of teacher aides

10 and paraprofessionals to permit such individ11 uals to become certified teachers;

12 (F) efforts specifically designed to increase

13 the number of minority teachers in urban

14 schools;

15 (G) programs designed to ‘‘grow your

16 own’’ teachers;

17 (H) incentives for teachers to work in

18 inner-city schools; and

19 (I) collaborative activities with urban uni20 versities to revise and upgrade teacher training

21 programs; or

22 (6) decrease the use of drugs and alcohol

23 among urban students, and to enhance the physical

24 and emotional health of such students, including—
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1 (A) activities designed to improve the self2 esteem and self-worth of urban students;

3 (B) the provision of health care services

4 and other social services and the coordination of

5 such services with other health care providers;

6 (C) programs designed to improve safety

7 and discipline and reduce in-school violence,

8 vandalism, and gang activity;

9 (D) activities that begin in the early

10 grades and are designed to prevent drug and al11 cohol abuse and smoking among students and

12 teachers;

13 (E) collaborative activities with other agen14 cies, businesses, and community groups to dis15 courage the advertisement and glorification of

16 drugs and alcohol;

17 (F) efforts to enhance health education

18 and nutrition education; and

19 (G) alternative schools, and schools-within20 schools programs, including bilingual and spe21 cial education programs for students with spe22 cial needs.

23 (b) SPECIAL RULE.—Funds allotted under this title

24 may be used for the planning, development, operation or

25 expansion of programs and activities which are designed
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1 to assist urban schools in meeting National Education

2 Goals, and may include—

3 (1) training of teachers and other educational

4 personnel in subject areas, or in instructional tech5 nology and methods that would improve the delivery

6 of services in urban settings and assist in the

7 achievement of the National Education Goals, in8 cluding staff development efforts that emphasize

9 multicultural and gender and disability bias-free cur10 ricula;

11 (2) coordination and collaboration with other

12 municipal agencies, child care organizations, univer13 sities or the private sector;

14 (3) parental involvement and outreach efforts

15 and other activities designed to enhance parental en16 couragement of student learning;

17 (4) guidance and psychological counseling, so18 cial work, and other support services that contribute

19 to progress in achieving National Education Goals;

20 (5) efforts to acquire and improve access to

21 educational technology;

22 (6) programs to serve homeless children, chil23 dren in desegregation programs, immigrants, mi24 grants, or other highly mobile populations, even if
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1 such individuals do not attend a school assisted

2 under this title; and

3 (7) efforts to improve and strengthen the cur4 riculum and coordinate services across grade levels.

5 (c) PRIORITY.—Each local educational agency sub6 mitting an application shall give priority in designing the

7 program assisted under this title to activities that replicate

8 successful efforts in other local educational agencies or ex9 pand successful programs within the eligible local edu10 cational agency.

11 SEC. 106. ACCOUNTABILITY.

12 (a) IN GENERAL.—The Secretary may award an al13 lotment under this title to an eligible local educational

14 agency to enable such an agency to operate a program

15 under this title for a period of not more than 3 years.

16 If an eligible local educational agency receiving an allot17 ment under this title meets the accountability require18 ments described in subsection (b) at the end of 3 years

19 and the requirements described in subsection (c) at the

20 end of each year, as determined by the Secretary, such

21 agency shall be eligible to continue the project with funds

22 under this title for an additional 3 years.

23 (b) REQUIREMENTS TO MOVE TOWARD NATIONAL

24 EDUCATION GOALS.—
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1 (1) PROGRAM CONTINUATION.—Except as pro2 vided in paragraph (2), if after 3 years of receiving

3 an allotment under this title an eligible local edu4 cational agency is able to demonstrate to the satis5 faction of the Secretary that such agency has in6 creased the achievement level of students in the low7 est 2 quartiles in the schools served by such agency

8 and assisted under this title as measured by the sta9 tistical indicators and other criteria specified in the

10 application in excess of the average such achieve11 ment of such students in the 3 years prior to the ini12 tiation of the project, then such agency shall be eli13 gible to continue the project with funds under this

14 title for an additional 3 years upon reapplication

15 under section 103.

16 (2) SPECIAL RULE.—If after 3 years of receiv17 ing an allotment under this title an eligible local

18 educational agency is able to demonstrate progress

19 in meeting at least 3 of the criteria described in

20 paragraph (3), then such agency shall be considered

21 to have met the requirements of paragraph (1) so

22 long as the achievement level of the schools served

23 by such agency and assisted under this title did not

24 decline in any of the 3 previous school years.
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1 (3) CRITERIA.—For purposes of paragraph (2),

2 the criteria are as follows:

3 (A) The number or percentage of preschool

4 children served by the eligible local educational

5 agency is greater than the average such number

6 or percentage in the 3 previous school years.

7 (B) The number or percentage of second8 ary school students graduating in the eligible

9 local educational agency is greater than the av10 erage such number or percentage rate for the 3

11 previous school years.

12 (C) The number or percentage of second13 ary school graduates in the eligible local edu14 cational agency enrolled in postsecondary edu15 cation is greater than the average such number

16 or percentage for the 3 previous school years.

17 (D) The number or percentage of the

18 teaching force in the eligible local educational

19 agency who are minorities is greater than the

20 average such number or percentage for the 3

21 previous school years.

22 (E) The incidence of discipline, drug-relat23 ed or in-school crime in the eligible local edu24 cational agency is less than the average such in25 cidence in the 3 previous school years.
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1 (c) COLLECTION OF DATA.—Each eligible local edu2 cational agency, community-based organization, univer3 sity, or nonprofit partnership receiving an allotment under

4 this title shall annually collect and submit to the Secretary

5 data based on the statistical indicators and other criteria

6 described in the application submitted by such eligible

7 local educational agency for the purposes of monitoring

8 progress in achieving National Education Goals. Such

9 data shall include multiple measures or indicators of each

10 variable, and may take into consideration the mobility of

11 students in the schools served under this title.

12 SEC. 107. INCENTIVE AWARDS TO EXEMPLARY PROGRAMS.

13 From amounts reserved pursuant to section 102(a)

14 or otherwise made available, the Secretary is authorized

15 to make competitive awards to individual schools partici16 pating in a program assisted under this title that dem17 onstrate to the satisfaction of the Secretary success in at

18 least 3 of the following areas:

19 (1) Unusual or exemplary progress in achieving

20 the National Education Goals through programs de21 scribed in section 105.

22 (2) Exemplary or unusually effective collabo23 rative arrangements between schools, community24 based organizations, agencies, parent groups, col25 leges and businesses.
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1 (3) Identification, review, and removal of poten2 tial barriers to student performance in achieving Na3 tional Education Goals, including a decrease in sus4 pensions, expulsions, in-grade retentions, and ability

5 groupings, and lack of access to course offerings in

6 pre-algebra and introductory algebra.

7 (4) Substantial expansion of the hours that

8 schools remain open for community use or student

9 after-school recreation.

10 SEC. 108. REGULATORY ASSESSMENT.

11 (a) REPORT ON URBAN PUBLIC SCHOOLS.—In order

12 to assist eligible local educational agencies under this Act

13 in improving the performance of urban school children, the

14 Secretary, not later than January 1, 1993, shall prepare

15 a report on the impact of Federal regulations, guidelines

16 and policies on urban public schools.

17 (b) CONTENTS OF REPORT.—

18 (1) IN GENERAL.—The report shall analyze the

19 impact of Federal legal, regulatory, policy and orga20 nizational requirements on the time and resources

21 that eligible local educational agencies assisted under

22 this Act have for educating students, including fiscal

23 resources, staff time, facilities, instructional equip24 ment, and services.
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1 (2) RECOMMENDATIONS.—The report shall

2 make recommendations on how best to simplify Fed3 eral regulations, guidelines and policies so that more

4 resources can be devoted to improving urban school

5 performance.

6 (3) SPECIAL RULE.—The report shall also iden7 tify the regulations in which a waiver might be used

8 as an incentive or reward for exceptional progress in

9 meeting National Education Goals.

10 (c) SPECIFIC ISSUES FOR ANALYSIS.—In preparing

11 the report required by subsection (a), the Secretary shall

12 analyze—

13 (1) the effect of regulatory requirements on

14 local program flexibility and management within eli15 gible local educational agencies;

16 (2) the effect of regulatory requirements on the

17 size, cost and composition of administrative practices

18 within eligible local educational agencies;

19 (3) the extent to which regulatory requirements

20 are duplicative or contradictory;

21 (4) the amount of time and resources that

22 school administrators and teachers must spend re23 sponding to data requests and reporting require24 ments pursuant to Federal law;
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1 (5) the extent to which regulatory requirements

2 are related to instructional rather than

3 noninstructional practices in eligible local edu4 cational agencies;

5 (6) the relationship between specific regulatory

6 requirements and the educational performance of

7 urban students; and

8 (7) how the waiver or simplification of regu9 latory requirements could enhance the performance

10 of urban school children and the progress of urban

11 schools in meeting National Education Goals.

12 (d) SAMPLE DATA.—The Secretary may, in develop13 ing the report described in subsection (a), use appropriate

14 sampling techniques.

15 (e) CONSULTATION WITH CONGRESS.—The Sec16 retary shall consult with the Committee on Education and

17 Labor of the House of Representatives and the Committee

18 on Labor and Human Resources of the Senate concerning

19 the design of the report described in this section.

20 SEC. 109. LOCAL ADVISORY GROUP.

21 (a) ESTABLISHMENT.—Any local educational agency

22 desiring to receive an allotment under this Act shall form

23 a local advisory group.

24 (b) COMPOSITION.—
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1 (1) IN GENERAL.—Each local advisory group

2 referred to in subsection (a) shall be composed of

3 representatives of such groups as—

4 (A) local government agencies;

5 (B) community-based organizations;

6 (C) service providers;

7 (D) teachers;

8 (E) parents;

9 (F) colleges and universities;

10 (G) businesses;

11 (H) principals and other school adminis12 trators;

13 (I) counselors, school psychologists and so14 cial workers;

15 (J) students;

16 (K) State educational agencies and State

17 boards of education;

18 (L) labor;

19 (M) Offices of the mayor;

20 (N) religious leaders; and

21 (O) organizations with an interest in im22 proving urban education and expertise in the

23 delivery of services needed by the schools se24 lected to participate in a program assisted

25 under this Act.
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1 (2) APPOINTMENT.—The superintendent of

2 schools and the head of the eligible local educational

3 agency shall appoint the members of the local advi4 sory group.

5 (3) REPRESENTATION.—The local advisory

6 group shall be representative of the community and

7 shall be balanced according to race, ethnicity, native

8 language background, and gender, to the extent

9 practicable.

10 (c) FUNCTIONS.—The local advisory group shall—

11 (1) advise the eligible local educational agency

12 on the design and conduct of a needs assessment for

13 all schools expected to participate in the program as14 sisted under this title;

15 (2) assist in planning for community-wide col16 laboration in service delivery for students in schools

17 expected to be served by the program assisted under

18 this title;

19 (3) advise the eligible local educational agency

20 and the community on how such agency and commu21 nity can work together to use multiple service pro22 viders;

23 (4) advise and assist the eligible local edu24 cational agency on the implementation of the pro-
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1 gram assisted under this title and review evaluations

2 of such program’s success;

3 (5) review and approve applications submitted

4 to the eligible local educational agency by commu5 nity-based organizations pursuant to section

6 103(a)(2);

7 (6) advise the eligible local educational agency

8 on strategies for increasing parent involvement and

9 the number of school volunteers and role models in

10 schools; and

11 (7) review the success of community-based pro12 grams assisted under this title for progress toward

13 meeting the National Education Goals.

14 (d) USE OF EXISTING LOCAL ADVISORY GROUP.—

15 To the extent that an eligible local educational agency has

16 established a broadly representative local advisory group

17 before the date of enactment of this Act that is com18 parable to the local advisory group described in this sec19 tion, such existing local advisory group shall be considered

20 to be in compliance with the provisions of this section.

21 SEC. 110. SPECIAL RULES.

22 (a) RANKING OF SCHOOLS TO DETERMINE REL23 ATIVE NEED.—

24 (1) IN GENERAL.—Each eligible local edu25 cational agency desiring to receive an allotment
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1 under this title shall, in order to determine which

2 schools are most in need of services, separately rank

3 all elementary and secondary schools under the ju4 risdiction of such agency on the basis of—

5 (A) achievement;

6 (B) poverty; and

7 (C) racial isolation.

8 (2) PERCENTAGE OF SCHOOLS TO BE

9 SERVED.—Each eligible local educational agency

10 that receives an allotment under this title shall serve

11 at least 10 percent, but not more than 20 percent,

12 of the schools under the jurisdiction of such agency.

13 (3) CRITERIA FOR SCHOOLS TO BE SERVED.—

14 Subject to the provisions of paragraph (2) of this

15 section, each eligible local educational agency that

16 receives an allotment under this title—

17 (A) shall serve any school that is deter18 mined to be most in need with respect to all 3

19 rankings described in paragraph (1);

20 (B) may serve any school that is deter21 mined to be most in need with respect to any

22 1 or more of such rankings; and

23 (C) may serve any school that received as24 sistance under this title in a previous fiscal

25 year.
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1 (b) FLEXIBILITY.—Each eligible local educational

2 agency shall have the flexibility to serve homeless children,

3 desegregating students, immigrants, migrants or other

4 highly mobile populations within the program assisted

5 under this title.

6 TITLE II—SCHOOL BUILDING

7 REPAIR AND RENOVATION

8 SEC. 201. PURPOSE; AUTHORIZATION OF APPROPRIATIONS.

9 (a) PURPOSE.—It is the purpose of this title to pro10 vide assistance to eligible local educational agencies to as11 sist such agencies in repairing, and renovating, instruc12 tional facilities in city schools.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated $1,500,000,000 for fis15 cal year 1994, and such sums as may be necessary for

16 each of the fiscal years 1995, 1996, 1997, 1998, 1999,

17 and 2000, to carry out the provisions of this title.

18 SEC. 202. ALLOCATION OF FUNDS.

19 (a) RESERVATION.—From the amount appropriated

20 or otherwise made available to carry out the provisions of

21 this title for any fiscal year, the Secretary shall reserve

22 1 percent of such amount to monitor activities assisted

23 under this title.

24 (b) ALLOTMENTS.—From the remainder of sums not

25 reserved under subsection (a), the Secretary shall allot to
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1 eligible local educational agencies with an approved appli2 cation—

3 (1) 33 percent of such funds on the basis of the

4 number of children in the eligible local educational

5 agency between the ages of 5 and 17 who are mem6 bers of families whose income does not exceed the

7 income official poverty level, divided by the number

8 of all such children in all eligible local educational

9 agencies;

10 (2) 33 percent of such funds on the basis of the

11 number of school buildings used for instructional

12 purposes in the eligible local educational agency, di13 vided by the number of all such buildings in all eligi14 ble local educational agencies; and

15 (3) 33 percent of such funds on the basis of the

16 number of school buildings in the eligible local edu17 cational agency which are used for instructional pur18 poses and which are more than 25 years old, divided

19 by the number of all such buildings in all eligible

20 local educational agencies.

21 SEC. 203. APPLICATION.

22 (a) APPLICATION.—

23 (1) IN GENERAL.—Any eligible local educational

24 agency desiring to receive an allotment to carry out

25 the provisions of this title shall submit to the Sec-
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•S 1471 IS

1 retary an application at such time, in such manner

2 and accompanied by such information as the Sec3 retary may reasonably require.

4 (2) DURATION.—Each application shall be sub5 mitted for a period of not more than 3 years.

6 (3) ANNUAL REVIEW.—Each application shall

7 be subject to annual review.

8 (b) CONTENTS.—Each application shall contain—

9 (1) an assessment of needs for building repair,

10 renovation and construction;

11 (2) the name and location of all sites scheduled

12 for repair, renovation or construction and a descrip13 tion of the activities planned at each site; and

14 (3) a description of accounting procedures used

15 to assure proper disbursement of Federal funds.

16 SEC. 204. USES OF FUNDS.

17 Each eligible local educational agency receiving an al18 lotment under section 202(b) shall use such allotment to

19 conduct programs for—

20 (1) repair and renovation of school buildings

21 used for instruction;

22 (2) installation or upgrading of school security

23 and communications systems;
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•S 1471 IS

1 (3) construction of new buildings that will serve

2 to replace old facilities that are most cost effectively

3 torn down rather than renovated;

4 (4) alterations to buildings to meet special pro5 gram, curricula, or school-site management needs;

6 (5) alterations to buildings to meet certain spe7 cial population needs, such as the needs of homeless

8 children and preschool children;

9 (6) alterations to school buildings to enable

10 such buildings to serve as one-stop family support

11 centers;

12 (7) facilities’ costs associated with lengthening

13 the school day or school year;

14 (8) upgrading of and alterations to buildings to

15 accommodate new instructional technology;

16 (9) energy conservation;

17 (10) removal or containment of environmentally

18 hazardous material, such as asbestos, lead, and

19 radon;

20 (11) meeting the requirements of section 504 of

21 the Rehabilitation Act of 1973; and

22 (12) meeting local, State, or Federal codes

23 passed since the initial construction of a building re24 lated to fire, air, light, noise, waste disposal, build25 ing height or other.
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1 TITLE III—URBAN SCHOOL

2 RESEARCH

3 SEC. 301. AUTHORIZATION.

4 There are authorized to be appropriated to the Na5 tional Institute for Urban Education $100,000,000 for fis6 cal year 1994, and such sums as may be necessary for

7 each of the fiscal years 1995, 1996, 1997, 1998, 1999,

8 and 2000, to carry out the provisions of this title.

9 SEC. 302. ASSISTANT SECRETARY FOR URBAN EDUCATION.

10 (a) AMENDMENTS TO THE DEPARTMENT OF EDU11 CATION ORGANIZATION ACT.—

12 (1) Section 202(b)(1) of the Department of

13 Education Organization Act (20 U.S.C. 3412) is

14 amended—

15 (A) by striking ‘‘and’’ at the end of sub16 paragraph (F) and redesignating subparagraph

17 ‘‘(G)’’ as subparagraph ‘‘(H)’’;

18 (B) by inserting after subparagraph (F)

19 the following:

20 ‘‘(G) an Assistant Secretary for Urban

21 Education.’’.

22 (2) Title II of the Department of Education Or23 ganization Act (20 U.S.C. 3401 et seq.) is amended

24 by adding at the end the following new section:
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•S 1471 IS

1 ‘‘SEC. 216. NATIONAL INSTITUTE FOR URBAN EDUCATION.

2 ‘‘There shall be in the Department a National Insti3 tute for Urban Education, established in accordance with

4 title III of the Urban Schools of America (USA) Act of

5 1993, to be administered by the Assistant Secretary for

6 Urban Education.’’.

7 (b) AMENDMENT TO TITLE V.—Section 5315 of title

8 5, United States Code is amended by striking ‘‘Assistant

9 Secretaries of Education (10)’’ and inserting ‘‘Assistant

10 Secretaries of Education (11)’’.

11 SEC. 303. RESERVATION; ALLOTMENT; ALLOCATION.

12 (a) RESERVATION FOR NATIONAL INSTITUTE OF

13 URBAN EDUCATION.—From the amount appropriated or

14 otherwise made available to carry out the provisions of this

15 title in any fiscal year, the Assistant Secretary for Urban

16 Education (hereafter in this title referred to as the ‘‘As17 sistant Secretary’’) shall reserve 20 percent of such funds

18 for the operation of the National Institute for Urban Edu19 cation (hereafter in this title referred to as the ‘‘Insti20 tute’’).

21 (b) ALLOTMENTS TO ELIGIBLE LOCAL EDU22 CATIONAL AGENCIES.—From the remainder of sums not

23 reserved under subsection (a), the Assistant Secretary

24 shall make allotments to eligible local educational agencies

25 in an amount which bears the same relation to such re26 mainder as the number of students enrolled in the eligible
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•S 1471 IS

1 local educational agency bears to the total number of stu2 dents enrolled in all eligible local educational agencies.

3 SEC. 304. NATIONAL INSTITUTE OF URBAN EDUCATION.

4 (a) ESTABLISHMENT.—From amounts reserved

5 under section 303(a), the Assistant Secretary shall estab6 lish an institute to be known as the National Institute of

7 Urban Education.

8 (b) FUNCTIONS.—The Institute shall—

9 (1) assist eligible local educational agencies

10 under this Act, or consortia of such agencies, in de11 veloping research and evaluation activities to assess

12 progress toward meeting the National Education

13 Goals;

14 (2) provide for the conduct of research which

15 will assist urban schools in enhancing learning,

16 teaching, and system management;

17 (3) provide training in research and evaluation

18 methods and techniques that meet the purposes of

19 this Act;

20 (4) evaluate and disseminate among eligible

21 local educational agencies results of activities con22 ducted pursuant to title I of this Act;

23 (5) design and coordinate, in consultation with

24 eligible local educational agencies, a comprehensive
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1 and cohesive research and evaluation strategy for as2 sessing progress under this Act;

3 (6) serve as a clearinghouse on urban education

4 research and evaluation findings, policies, and prac5 tices;

6 (7) design, test, define, and promote common

7 indicators of progress toward the National Edu8 cation Goals; and

9 (8) design, develop, and test new measures of

10 school progress toward the National Education

11 Goals.

12 (c) GOVERNANCE.—The Institute shall have a Gov13 erning Board.

14 (1) COMPOSITION AND APPOINTMENT.—

15 (A) COMPOSITION.—The Governing Board

16 shall consist of 22 members, selected from a

17 pool of candidates nominated by the super18 intendent and the head of the eligible local edu19 cational agencies.

20 (B) APPOINTMENT.—The Majority Leader

21 of the House of Representatives and the Major22 ity Leader of the Senate shall each appoint six

23 members to the Governing Board from individ24 uals nominated pursuant to subparagraph (A).

25 The Minority Leader of the House of Rep-
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•S 1471 IS

1 resentatives and the Minority Leader of the

2 Senate shall each appoint 3 members to the

3 Governing Board from individuals nominated

4 pursuant to subparagraph (A). The Secretary

5 shall appoint 4 members to the Governing

6 Board from individuals nominated pursuant to

7 subparagraph (A).

8 (2) TERMS OF OFFICE.—

9 (A) IN GENERAL.—Members of the Gov10 erning Board shall be appointed for a period of

11 3 years.

12 (B) REAPPOINTMENT.—Members of the

13 Governing Board may be reappointed to the

14 Governing Board.

15 (3) DUTIES.—The Governing Board shall—

16 (A) establish the national research and

17 evaluation program for the Institute;

18 (B) review the programs and activities of

19 the Institute; and

20 (C) issue an annual report to the Congress

21 and the public on the progress of urban schools

22 in meeting the goals of this Act.

23 (4) LEADERSHIP.—The Assistant Secretary

24 shall be the primary individual responsible for the

25 daily operation of the Institute.
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1 (5) STAFF.—Such personnel as the Institute

2 deems necessary may be appointed to carry out the

3 functions of the Institute.

4 (d) CONTRACTS AND GRANTS.—

5 (1) IN GENERAL.—To the extent provided for

6 in appropriation Acts, the Institute may award

7 grants to or enter into contracts with eligible local

8 educational agencies, universities, research and de9 velopment centers, private corporations, or regional

10 educational laboratories to carry out the duties of

11 the Institute.

12 (2) COMPETITIVE AWARDS.—Grants and con13 tracts awarded under paragraph (1) shall be award14 ed on a competitive basis.

15 SEC. 305. APPLICATION.

16 (a) IN GENERAL.—Any eligible local educational

17 agency desiring to receive an allotment under section

18 303(b) shall—

19 (1) submit an application to the Assistant Sec20 retary;

21 (2) consult with the Department of Education,

22 local universities, research institutes, laboratories, or

23 centers for purposes of planning and implementing

24 a plan of research and technical assistance for the

25 eligible local educational agency and schools within
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1 the jurisdiction of the eligible local educational agen2 cy; and

3 (3) describe in the application a research and

4 technical assistance plan and how assistance pro5 vided under this title will be used to assess progress

6 on the National Education Goals.

7 (b) CONSORTIA.—Eligible local educational agencies

8 may pool their allotments under section 303(b), in whole

9 or in part, to design and conduct cooperative data collec10 tion, evaluation and information dissemination activities.

11 SEC. 306. USES OF FUNDS.

12 Funds allotted to eligible local educational agencies

13 under section 303(b) may be used for—

14 (1) collaborative and coordinated research and

15 evaluation of educational techniques or approaches

16 used in multiple eligible local educational agencies;

17 (2) evaluation of projects assisted under title I;

18 (3) collection and dissemination of information

19 on successful projects and approaches assisted under

20 title I;

21 (4) design and implementation of extension

22 service programs to allow an eligible local edu23 cational agency to provide technical assistance to in24 dividual schools and teachers involved in projects as25 sisted under title I;
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•S 1471 IS

1 (5) provision of data and information manage2 ment services to individual schools assisted under

3 title I;

4 (6) provision of staff training in schools as5 sisted under title I;

6 (7) evaluation of progress made by eligible local

7 educational agencies assisted under this Act in meet8 ing National Education Goals;

9 (8) provision of staff training in test interpreta10 tion and use for diagnostic purposes;

11 (9) provision of information to parents on test

12 results and test interpretation;

13 (10) provision of technology and training in its

14 research and evaluation uses;

15 (11) development of assessment tools of stu16 dents in individualized instruction;

17 (12) research on school policies and practices

18 which may be barriers to the success of students in

19 school; and

20 (13) development and testing of new multiple,

21 alternative assessments of student progress toward

22 the National Education Goals which are race and

23 gender bias-free and sensitive to limited-English pro24 ficient and disabled students.
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1 TITLE IV—GENERAL

2 PROVISIONS

3 SEC. 401. INTERAGENCY COUNCIL ON URBAN SCHOOLS.

4 (a) ESTABLISHMENT.—There is established the

5 Interagency Council on Urban Schools (hereafter in this

6 section referred to as the ‘‘Council’’).

7 (b) COMPOSITION.—

8 (1) IN GENERAL.—The Council shall consist

9 of—

10 (A) the Secretary of Education who shall

11 serve as Chairperson of the Council;

12 (B) the Secretary of Labor;

13 (C) the Secretary of Health and Human

14 Services;

15 (D) the Secretary of Agriculture;

16 (E) the Attorney General of the United

17 States;

18 (F) the Secretary of Energy;

19 (G) the Director of the Environmental

20 Protection Agency;

21 (H) the Director of the Commission on

22 Civil Rights;

23 (I) the Chairperson of the Advisory Com24 mission on Intergovernmental Relations;
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•S 1471 IS

1 (J) the Chairpersons of the National En2 dowments on the Arts and the Humanities;

3 (K) the Director of the National Science

4 Foundation;

5 (L) the Secretary of Housing and Urban

6 Development; and

7 (M) such other officers of the Federal Gov8 ernment as may be designated by the President

9 or the Chairperson of the Council to serve

10 wherever matters within the jurisdiction of the

11 agency headed by such an officer are to be con12 sidered by the Council.

13 (2) REPRESENTATION.—Each individual de14 scribed in paragraph (1) may designate a person to

15 represent such individual on the Council.

16 (3) DURATION.—Each member shall be ap17 pointed for as long as such member serves as the

18 head of the appropriate department or agency.

19 (4) PRINCIPAL ADVISOR.—The Chairperson of

20 the Council shall be the President’s principal advisor

21 on urban schools.

22 (c) QUORUM.—Seven members of the Council shall

23 constitute a quorum for the purposes of transmitting rec24 ommendations and proposals to the President, but a lesser

25 number may meet for other reasons.
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•S 1471 IS

1 (d) MEETINGS.—The Council shall meet at least 2

2 times each year. When a Council member is unable to at3 tend a meeting, the Council member shall appoint an ap4 propriate Assistant Secretary or an equivalent individual

5 from the department or agency of the member to represent

6 the member for that meeting.

7 (e) DUTIES OF THE COUNCIL.—The Council shall—

8 (1) review programs and activities conducted by

9 each department or agency represented on the Coun10 cil to determine the effects of such programs and ac11 tivities on the ability of urban schools to meet Na12 tional Education Goals;

13 (2) track progress of urban schools in meeting

14 National Education Goals;

15 (3) solicit information and advice from experts

16 in urban education and representatives of urban

17 schools on how the Federal Government could im18 prove the programs and activities of the Federal

19 Government which serve urban school students;

20 (4) review regulations across various depart21 ments or agencies of the Federal Government for

22 duplication or contradiction;

23 (5) submit an annual report to Congress and

24 the President regarding the progress urban schools

25 are making in meeting National Education Goals,
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1 and on how Congress might change Federal pro2 grams to improve the effectiveness of such programs

3 in urban schools;

4 (6) review and make recommendations regard5 ing ways to improve or streamline various Federal

6 data collection activities in urban schools; and

7 (7) conduct such research as may be helpful to

8 urban school practitioners in improving the perform9 ance of students attending urban schools.

10 SEC. 402. WHITE HOUSE CONFERENCE ON URBAN EDU11 CATION.

12 (a) AUTHORIZATION TO CALL CONFERENCE.—

13 (1) IN GENERAL.—The President is authorized

14 to call and conduct a White House Conference on

15 Urban Education (hereafter in this section referred

16 to as the ‘‘Conference’’) which shall be held not ear17 lier than November 1, 1993, and not later than Oc18 tober 30, 1994.

19 (2) PURPOSE.—The purpose of the Conference

20 shall be to—

21 (A) develop recommendations and strate22 gies for the improvement of urban education;

23 (B) marshal the forces of the private sec24 tor, governmental agencies at all levels, parents,

25 teachers, communities, and education officials
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•S 1471 IS

1 to assist urban schools in achieving National

2 Education Goals; and

3 (C) conduct the initial planning for a per4 manent national advisory commission on urban

5 education.

6 (b) COMPOSITION OF CONFERENCE.—

7 (1) IN GENERAL.—The Conference shall be

8 composed of 12 individuals, including—

9 (A) representatives of urban public school

10 systems, including members of the governing

11 body of local educational agencies, and school

12 superintendents;

13 (B) representatives of the Congress, the

14 Department of Education and other Federal

15 agencies;

16 (C) State elected officials and representa17 tives from State educational agencies; and

18 (D) individuals with special knowledge of

19 and expertise in urban education.

20 (2) SELECTION.—The President shall select

21 one-third of the participants of the Conference, the

22 Speaker of the House of Representatives shall select

23 one-third of such participants, and the Majority

24 Leader of the Senate shall select the remaining one25 third of such participants.
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•S 1471 IS

1 (3) REPRESENTATION.—In selecting the par2 ticipants of the Conference the President, the Speak3 er of the House of Representatives, and the Majority

4 Leader of the Senate shall ensure that the partici5 pants are as representative of the ethnic, racial, and

6 linguistic diversity of cities as is practicable.

7 (c) REPORTS.—

8 (1) IN GENERAL.—A final report of the Con9 ference, containing such findings and recommenda10 tions as may be made by the Conference, shall be

11 submitted to the President not later than 120 days

12 following the termination of the Conference. The

13 final report shall be made public and, within 90 days

14 after receipt by the President, transmitted to the

15 Congress together with a statement of the President

16 containing recommendations for implementing the

17 report.

18 (2) PUBLICATION AND DISTRIBUTION.—The

19 Conference is authorized to publish and distribute

20 the report described in this section. Copies of the re21 port shall be provided to the Federal depository li22 braries and made available to local urban school

23 leaders.

24 (d) AUTHORIZATION OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There are authorized to be

2 appropriated $5,000,000 for fiscal year 1994 to

3 carry out the provisions of this section.

4 (2) AVAILABILITY.—Amounts made available

5 pursuant to the authority of paragraph (1) shall re6 main available until expended.

7 SEC. 403. AUGUSTUS F. HAWKINS NATIONAL COMMISSION

8 ON URBAN EDUCATION.

9 (a) ESTABLISHMENT.—There is established a Na10 tional Commission on Urban Education (hereafter in this

11 section referred to as the ‘‘Commission’’).

12 (b) MEMBERSHIP.—

13 (1) IN GENERAL.—The Commission shall be

14 composed of 12 members as follows:

15 (A) Four of the members shall be ap16 pointed by the President.

17 (B) Four of the members shall be ap18 pointed by the Speaker of the House, including

19 two Members of the House, of which 1 shall be

20 from each political party.

21 (C) Four of the members shall be ap22 pointed by the Majority Leader of the Senate,

23 including 2 members of the Senate, of which 1

24 shall be from each political party.
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•S 1471 IS

1 (2) CHAIRPERSON.—The Chairperson of the

2 Commission shall be elected by the members of the

3 Commission and shall continue to serve for the dura4 tion of the Commission.

5 (3) VACANCIES.—Any vacancy in the Commis6 sion shall be filled in the same manner as the origi7 nal appointment.

8 (c) DUTIES.—The Commission shall study the follow9 ing issues:

10 (1) DEMOGRAPHIC CHANGES.—Demographic

11 changes in student enrollment and classroom teach12 ers in the 10-year period prior to the date of enact13 ment of this Act.

14 (2) SPECIAL NEEDS.—Numbers and types of

15 special needs of students in urban schools.

16 (3) UNSERVED OR UNDERSERVED STUDENTS.—

17 Number of unserved or underserved students in

18 urban schools eligible for assistance under the Head

19 Start Act, chapter 1 of title I of the Elementary and

20 Secondary Education Act of 1965, the School Drop21 out Demonstration Assistance Act of 1988, the

22 Drug-Free Schools and Communities Act of 1986,

23 the Carl D. Perkins Vocational and Applied Tech24 nology Education Act, the Individuals with Disabil25 ities Education Act and other Federal programs.
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1 (4) STUDENT PERFORMANCE.—Program and

2 management efforts in urban schools designed to en3 hance student performance, and reasons for the ef4 fectiveness of such efforts.

5 (5) FINANCIAL SUPPORT.—Financial support

6 and funding needs of urban schools from local,

7 State, and Federal sources.

8 (6) COLLABORATIVE EFFORTS.—Collaborative

9 efforts and programs between urban schools, the pri10 vate sector, and community groups.

11 (7) SUPPLY NEEDS.—Supply needs for teachers

12 in urban schools in the 10-year period beginning on

13 the date of enactment of this Act.

14 (d) REPORTS.—

15 (1) IN GENERAL.—The Commission shall sub16 mit a report that includes recommendations to the

17 President and to the appropriate committees of the

18 Congress on the findings of the study required by

19 this section. The report shall be submitted as soon

20 as practicable.

21 (2) PROPOSAL FOR CHANGES IN FEDERAL LEG22 ISLATION.—The report submitted under this section

23 shall include proposals for changes in Federal legis24 lation.
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1 (e) STAFF.—Such personnel as the Commission

2 deems necessary may be appointed by the Commission

3 without regard to the provisions of title 5, United States

4 Code, governing appointments in the competitive service,

5 and may be paid without regard to the provisions of chap6 ter 51 and subtitle III of chapter 53 of such title relating

7 to classification and General Schedule pay rates, except

8 that no individual so appointed shall be paid in excess of

9 the rate of basic pay for level III of the Executive Sched10 ule.

11 (f) COMPENSATION.—

12 (1) IN GENERAL.—Members of the Commission

13 who are officers or full-time employees of the United

14 States shall receive no additional pay, allowances, or

15 benefits by reason of their service on the Commis16 sion.

17 (2) TRAVEL EXPENSES.—Each member shall

18 receive travel expenses, including per diem in lieu of

19 subsistence, as authorized by section 5702 and 5703

20 of title 5, United States Code.

21 (3) SPECIAL RULE.—Members of the Commis22 sion who are not officers or full-time employees of

23 the United States may receive a per diem and travel

24 allowance as is provided by the United States Code
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•S 1471 IS

1 for persons in the Government service employed

2 intermittently.

3 (g) ADMINISTRATION.—

4 (1) IN GENERAL.—The Commission or, on the

5 authorization of the Commission, any committee

6 thereof, may, for the purpose of carrying out the

7 provisions of this section, hold such hearings and sit

8 and act at such times and such places within the

9 United States as the Commission or such committee

10 considers advisable.

11 (2) CONSULTATION.—In carrying out its duties

12 under this section, the Commission shall consult

13 with other Federal departments and agencies, rep14 resentatives of State and local governments, and pri15 vate organizations, to the extent feasible.

16 (3) INFORMATION.—The Commission may se17 cure directly from any department or agency of the

18 United States information necessary to enable the

19 Commission to carry out this section. Upon request

20 of the Chairperson of the Commission, the head of

21 such department or agency shall furnish that infor22 mation to the Commission.

23 (4) CONTRACTS.—The Commission is author24 ized to enter into contracts to secure the necessary

25 data and information to conduct the work of the
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•S 1471 IS

1 Commission and to obtain the services of experts

2 and consultants.

3 (5) COOPERATION.—The heads of all Federal

4 departments and agencies are, to the extent prac5 ticable, directed to cooperate with the Commission in

6 carrying out this section.

7 (6) SPECIAL RULE.—The Commission is au8 thorized to utilize, with the consent of such depart9 ments or agencies, the services, personnel, informa10 tion, and facilities of other Federal, State, local, and

11 private departments or agencies with or without re12 imbursement.

13 (h) TERMINATION.—The Commission shall terminate

14 3 years after the date of the first meeting of the Commis15 sion.

16 (i) AUTHORIZATION OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There are authorized to be

18 appropriated for each of the fiscal years 1994

19 through 1996 such sums as may be necessary to

20 carry out the provisions of this section.

21 (2) AVAILABILITY.—Amounts appropriated pur22 suant to the authority of paragraph (1) shall remain

23 available until expended or until the termination of

24 the Commission, whichever occurs first.
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1 SEC. 404. FEDERAL FUNDS TO SUPPLEMENT NOT SUP2 PLANT NON-FEDERAL FUNDS.

3 An eligible local educational agency may use funds

4 received under this Act only to supplement or to increase

5 the level of funds that would, in the absence of such Fed6 eral funds, be made available from non-Federal sources

7 for the education of students participating in activities as8 sisted under this Act and in no case may such funds be

9 used to supplant funds from non-Federal sources.

10 SEC. 405. DEFINITIONS.

11 Except as otherwise provided, for the purposes of this

12 Act:

13 (1) CENTRAL CITY.—The term ‘‘central city’’

14 has the same meaning as that used by the United

15 States Census Bureau.

16 (2) COMMUNITY-BASED ORGANIZATION.—The

17 term ‘‘community-based organization’’ means a pri18 vate nonprofit organization which is representative

19 of a community or significant segments of a commu20 nity and which has a proven record of providing ef21 fective educational or related services to individuals

22 in the community.

23 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen24 tary school’’ has the meaning given to such term in

25 section 1471(8) of the Elementary and Secondary

26 Education Act of 1965.
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1 (4) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—

2 The term ‘‘eligible local educational agency’’ means

3 a local educational agency which—

4 (i) serves the largest central city in a

5 State;

6 (ii) enrolls more than 30,000 students and

7 serves a central city with a population of at

8 least 200,000 in a metropolitan statistical area;

9 or

10 (iii) enrolls between 25,000 and 30,000

11 students and serves a central city with a popu12 lation of at least 140,000 in a metropolitan sta13 tistical area.

14 (5) INSTITUTION OF HIGHER EDUCATION.—The

15 term ‘‘institution of higher education’’ has the

16 meaning given to such term in section 1201(a) of

17 the Higher Education Act of 1965.

18 (6) LOCAL EDUCATIONAL AGENCY.—The term

19 ‘‘local educational agency’’ has the meaning given to

20 such term in section 1421(12) of the Elementary

21 and Secondary Education Act of 1965.

22 (7) METROPOLITAN STATISTICAL AREA.—The

23 term ‘‘metropolitan statistical area’’ has the same

24 meaning as that used by the United States Census

25 Bureau.
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1 (8) POVERTY LEVEL.—The term ‘‘poverty

2 level’’ means the criteria of poverty used by the Bu3 reau of the Census in compiling the most recent de4 cennial census for a family of 4 in such form as

5 those criteria have been updated by increases in the

6 Consumer Price Index for All Urban Consumers.

7 (9) SECONDARY SCHOOL.—The term ‘‘second8 ary school’’ has the same meaning given to such

9 term in section 1471(21) of the Elementary and

10 Secondary Education Act of 1965.

11 (10) SECRETARY.—The term ‘‘Secretary’’

12 means the Secretary of Education.

13 (11) STATE.—The term ‘‘State’’ means each of

14 the several States and the District of Columbia, but

15 does not include Guam, American Samoa, the Com16 monwealth of Puerto Rico, the United States Virgin

17 Islands, the Commonwealth of the Northern Mari18 ana Islands, the Republic of the Marshall Islands,

19 the Federated States of Micronesia, and Palau.

20 (12) STATE EDUCATIONAL AGENCY.—The term

21 ‘‘State educational agency’’ has the meaning given

22 to such term in section 1471(23) of the Elementary

23 and Secondary Education Act of 1965.

Æ

S 1471 IS——2
57

•S 1471 IS

S 1471 IS——3

S 1471 IS——4